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If it is unclear from the household's request what action it wishes to appeal, DSS may request the household clarify its grievance.

Form DSS-EA-319, Oral/Written Request for Administrative Hearing, must be completed by DSS if the request for a hearing is initiated at the local office. DSS-EA-319 must be submitted to the Office of Administrative Hearings within one working day of receipt. If the household has submitted the request for hearing in writing, the written request must be attached to the DSS-EA-319 along with the notice of action that caused the request for hearing.

18151 TIME PERIOD FOR REQUESTING A HEARING

Households will be allowed to request a hearing on any DSS action or any loss of benefits which occurred in the prior 90 days. Action by DSS includes a denial of a request for restoration of any benefits lost more than 90 days but less than a year prior to the request. In addition, at any time within a certification period, a household may request a fair hearing to dispute its current level of benefits.

Once a household has requested a fair hearing, the hearing will be held unless the household withdraws the hearing request in writing or orally. For hearing requests that were not received timely, the Benefits Specialist should start their testimony at the hearing by citing: • The hearing request date • Regulations concerning allowable time frames • Request the hearing dismissed because the hearing was not requested within the allowable time frame.

18152 HOUSEHOLD REQUESTS FOR POSTPONEMENT

The household may request and is entitled to receive a postponement of the scheduled hearing. The postponement will not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed.

18160 HEARING REQUESTS FROM MIGRANT HOUSEHOLDS

DSS will expedite hearing requests from households, such as migrant farm workers, that plan to move from the jurisdiction of the hearing official before the hearing decision would normally be reached. Hearing requests from these households will be processed faster than others, if necessary, to enable them to receive a decision and restoration of benefits if the decision so indicates before they leave the area.

18170 CONTINUATION OF BENEFITS

If a household requests a fair hearing within 10 days after the notice of adverse action is mailed and the household’s certification period has not expired, the household's participation in the program will be continued on the basis authorized immediately prior to the notice of adverse action, unless the household specifically waives continuation of benefits. If the household does not indicate Example: If a fair hearing is postponed by the household for 10 days, notification of the hearing decision will be required within 70 days from the date of the request for a hearing.