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105.3 - 105.4 TANF MANUAL 4/10 Page 5

105.4 TIME LIMITS FOR REQUESTING HEARING

A. An appeal from any local agency action must be made within the 30 days following receipt by claimant of a Notice of Action informing him of the action on his case or of an Advance Notice of Proposed Action informing him of the agency’s intention to take such action.

B. An appeal based on the failure of a local agency 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.

C. The requirement of filing within the time limit is met if the request for appeal is received in the state or local agency, or postmarked, by the end of the 31st day following the date of the agency’s notice unless the claimant can provide proof that he/she was given fewer than 30 days to make a request for hearing. Acceptability of the proof rests with the state hearing authority.

D. 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.

* 45 CFR 205.10(a)(5)

TANF Transmittal 44

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Page 29

Official source

105.3 - 105.4 TANF MANUAL 4/10 Page 5

105.4 TIME LIMITS FOR REQUESTING HEARING

A. An appeal from any local agency action must be made within the 30 days following receipt by claimant of a Notice of Action informing him of the action on his case or of an Advance Notice of Proposed Action informing him of the agency’s intention to take such action.

B. An appeal based on the failure of a local agency 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.

C. The requirement of filing within the time limit is met if the request for appeal is received in the state or local agency, or postmarked, by the end of the 31st day following the date of the agency’s notice unless the claimant can provide proof that he/she was given fewer than 30 days to make a request for hearing. Acceptability of the proof rests with the state hearing authority.

D. 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.

* 45 CFR 205.10(a)(5)

TANF Transmittal 44