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An appeal based on the failure of a LDSS to accept an application or to act within the specified time limit on the application or written request for a change in the amount, kind, or conditions of assistance must be made within 30 days following such failure to accept the application or to take timely action thereon.

The requirement of filing within the time limit is met if the request for appeal is received in the state or LDSS, or postmarked, by the end of the 31st day following the date of the LDSS’ notice unless the applicant/recipient can provide proof that he or she was given fewer than 30 days to make a request for a hearing. Acceptability of the proof rests with the state hearing authority. If more than 30 days have elapsed in filing the appeal, the state authority may, in the interests of justice, grant an extension of the time period.

The hearing officer will notify the recipient of the date and time for their hearing at the LDSS or at a location agreeable to them and the agency. If the recipient needs transportation, the LDSS will provide it.

D. Decision on Appeals

The hearing officer, following the hearing, prepares a written report of the substance of the hearing embodying his findings, conclusions, decision, and appropriate recommendations. The decision of the hearing officer shall be rendered within 60 days following the date the appeal is received by the LDSS or the Department. An exception to this is when the hearing officer grants the claimant or his/her representative an extension, or otherwise occasions a delay, not to exceed 30 days. Once the agency receives the decision from the hearing officer, the agency must take action on the case based on the decision received. The LDSS must ensure that administrative action to implement the hearing officer’s decision is taken no later than 10 working days following the date of the decision. After corrective action is taken, the LDSS must notify the appellant and the hearing officer in writing that the LDSS has complied with the decision. This information must be recorded in VaCMS. If the recipient did not request continuation of services during the appeal, and the decision of the hearing officer is in the recipient’s favor, the LDSS must take appropriate action to correct any underpayments for services.

LDSS must send copies of all hearing decisions to their appropriate regional child care consultant and the Subsidy Provider Services team at VDOE (providerservices@doe.virginia.gov). For more information about the appeals process, see the Appeals and Fair Hearings Manual on FUSION at: https://fusion.dss.virginia.gov/ac/Compliance-Home/Appeals-Fair-Hearings-Civil-Rights/Benefits- Services-Appeals.