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1000.26 TANF MANUAL 10/18 PAGE 93

1000.26 APPEALS

A. All participants have the right to appeal an agency action to suspend or terminate the TANF payment. The ESW's decision to refer a participant to the EW because of non-compliance will result in such an action.

B. The EW must notify the participant in writing through use of the Advance Notice of Proposed Action every time an adverse action is taken.

C. The notification and fair hearings procedures in the TANF Manual, Sections 401.4 and 104-106, will govern all appeals to ensure fair hearings for actions proposed or taken by the agency as a result of noncompliance with VIEW requirements.

D. If the participant files a valid appeal and requests a hearing, as determined by the hearings officer, the TANF or TANF-UP payment may be reinstated until a decision is rendered by the hearings officer.

If the appeal is of a VIEW sanction and the TANF payment is reinstated, the months which pass while awaiting the appeal decision must be added to the 24-month clock. These months will remain on the clock regardless of the appeal decision (105.2). Additionally, the TANF assistance granted during the appeal of a VIEW sanction is not considered an overpayment when the hearing decision is adverse to the recipient. The unsuccessful appeal simply delays the imposition of the VIEW sanction and the consequent loss of benefits to the household.

E. Workers may continue to work with participants during an appeal.

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