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Page | 304 18317 REPAYMENT OF INTENTIONAL PROGRAM VIOLATION

Regardless of the current eligibility of a disqualified member's household, the household continues to be responsible for repayment of the overpayment resulting from the member's intentional program violation.

18318 REVERSED DISQUALIFICATIONS

In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, DSS will reinstate the individual in the program if the household is eligible. DSS will restore benefits that were lost as a result of the disqualification.

18400 FAIR HEARING REQUEST DUE TO FNS ORDER

Any household that has its allotment reduced, suspended or canceled as a result of an order issued by FNS may request a fair hearing if it disagrees with the action, subject to the following conditions.

State agencies are not required to hold fair hearings unless:  The request is based on the household's belief that the benefit level was computed incorrectly under these rules  The rules were misapplied or misinterpreted.

State agencies are allowed to deny fair hearings to households merely disputing the fact that a reduction, suspension or cancellation was ordered. Households do not have a right to continuation of benefits pending the fair hearing. A household may receive retroactive benefits in an appropriate amount if it is determined that the benefits were reduced by more than the amount directed by FNS.

18500 HEARING DECISIONS

Hearing decisions will comply with Federal law and regulations and will be based on the hearing record. The exclusive record for a final decision by the hearing authority will include:  The verbatim testimony, transcript, or recording of testimony, exhibits, or an official report containing the substances of what transpired at the hearing  All papers and requests filed in the proceedings This record will be available to the household or its representative at any reasonable time for copying and inspection. A decision is binding on DSS and will:  Summarize the facts of the case  Specify the reasons for the decision  Identify supporting evidence and the pertinent Federal regulations The decision will become part of the record.

Both the household and local office will be notified in writing of:  The decision  Appeal rights  If the household’s benefits will be issued or terminated, as decided by the hearing authority The notice will also state than an appeal may result in reversal of the decision. The household has the right to pursue judicial review of the decision if the DSS action is upheld by the hearing authority.

All DSS hearing records and decisions will be available for public inspection and copying, subject to disclosure safeguards and provided identifying names and addresses of household members and other members of the public are kept confidential.