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Subject: SNAP Appeals and Fair Hearings Policy 24.23

Date of Last Review: 11/30/2023 Effective Date: 07/15/2021 Date of Next Review: 11/30/2026 RDA: SW22 Page 2 of 4 Resolution prior to Fair Hearing 1. When an individual is dissatisfied with any administrative action/decision relating to SNAP benefits, efforts must be directed to resolve the issue promptly, if possible. (See also, SNAP Procedures for a Customer’s Complaint). 2. An individual’s right to request a fair hearing should not be interfered with and the individual should be reminded verbally of their right to request a fair hearing. 3. Any person who asks to appeal on behalf of someone will be asked to obtain the applicant’s/recipient’s written statement that they wish to designate them as their representative, unless that person is an attorney licensed to practice law in Tennessee, who has been asked by the applicant/recipient to represent them. Individuals may also question TDHS's interpretations of the law and the validity and applicability of the policies implemented under the law. 4. Group hearings may be conducted where the sole issue is one of State or Federal law, regulations, or policy. Time Limits for Appeals 1. An individual shall be allowed to request a fair hearing on any action by TDHS staff, including loss of benefits, within ninety (90) days of the date of such action as established by the notice to the household of such action. 2. The Division of Appeals and Hearings will make the decision upon receipt of the Appeal for Fair Hearing as to whether the request will be accepted or denied. Appeals will be accepted only if they are filed within these time limits unless good cause can be shown as to why the appeal could not be filed within the prescribed limits. The Commissioner or their designee will approve any extension of time under this section after the appellant shows a reason for good cause exists for not filing within the prescribed time limits. The time limits shall be computed by excluding the first (1st) day and including the last day, unless the last day is a weekend or legal holiday, then the next working day may be considered as filing within the time limit. Good Cause for Filing a Late Appeal 1. Appeals may be considered after the ninety (90) calendar day time limit if the appellant can show good cause as to why the appeal could not be filed within ninety (90) calendar days. In addition, benefits can be continued if the appellant can show good cause for failing to file the appeal within ten (10) calendar days. 2. All decisions regarding good cause are made by the Commissioner’s Designee/Conciliation Attorney Unit. Continuation of Benefits 1. When a SNAP household requests a hearing within ten (10) calendar days from the date of the advance written notice of intended action to reduce or terminate assistance prior to certification ending, SNAP benefits may be continued pending the hearing decision, unless the recipient waives continuation of benefits.