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(k) Set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how it will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process (section 402(a)(1)(B)(iii) of the Social Security Act).
The State provides customer protection by requiring that customers are: • Treated with dignity and respect. • Given sufficient opportunity to make their needs known to DSHS. • Free from discrimination on any basis prohibited by state or federal law. • Able to have eligibility determined according to rules and procedures of DSHS promulgated pursuant to the Administrative Procedures Act (RCW 34.05). • Permitted to make applications for benefits and have the application processed and decision made in a timely manner. • Informed of their rights and responsibilities. • Informed of which programs and services are available to them through DSHS. • Informed of the conditions, requirements and benefits for which they are eligible. • Allowed to exercise, after full explanation, options and choices available to them.
Fair and equitable treatment does not mean that all WorkFirst services are available to all participants in all areas of the state at any one time. The State's need in some cases to gradually phase in a new service or to undertake pilot initiatives for purposes of determining program effectiveness may limit access to some services for some participants for limited periods of time.
Washington will ensure applicants and recipients of assistance are notified in writing of DSHS decisions regarding the type and amount of benefits available to them, including adequate and advance notice of adverse actions. The State will inform applicants and recipients of the legal basis for the determination and within 90 days of such notice they may request an administrative hearing, unless good cause is shown to have prevented submission of the request. If an applicant or recipient has good cause for the delay, they will be allowed to submit the request for up to one year after the aggrieving decision.
Washington will notify customers they may, without payment of a fee or posting a bond for filing such appeal or preparation of any necessary record, obtain judicial review of an adverse decision. The state will also explain the administrative hearing will be conducted by the independent Office of Administrative Hearings pursuant to state law (RCW 74.08, 34.05), with due process protections in place. The State provides an opportunity for any applicant or recipient aggrieved by an agency action to have an impartial administrative hearing before an Administrative Law Judge pursuant to RCW 74.08.080 and 34.05. The State will continue benefits pending the hearing decision, pursuant to Washington Administrative Code (WAC) 388-458-0040.
The TANF program has a statewide process for conducting application interviews for consistent administration of eligibility rules that include:
Household Composition (TANF/WorkFirst): • Minor child(ren) 17 years or younger or child(ren) under age 19 who are making progress in High School (HS) or HS equivalency program.