Ala. Admin. Code r. 660-4-2-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-4-2-.09 - Fair Hearings

Procedures for the hearing process used in fair hearings are in the General Administration Division as Chapter 660-1-5.

1. OPTIONS:

(a) Timely Action on Hearings

The county department is responsible for insuring that all final hearing decisions are reflected in the household's allotment within the time limits specified in Section 1502.

When the hearing authority determines that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits shall be provided in accordance with Chapter 16. The agency shall restore benefits to households which are leaving the project area before the departure whenever possible. If benefits are not restored prior to the household's departure, the agency shall forward an authorization to the benefits to the household or to the new project area if this information is known.

The new project area shall accept an authorization and issue the appropriate benefits whether the notice is presented by the household or received directly from another project area.

When the hearing authority upholds the county department's action, a claim against the household for any over-issuance shall be prepared, except for work registration sanction. (See Claims Against Households Manual)

If the hearing is dismissed and benefits were continued in accordance with Section 1510 rather than the proposed reduction/termination, the county department will take the following actions:

1. The planned reduction/termination will be effective the first of the following month.

2. A letter will be sent to the household advising of the reduction/termination and the effective month (not a Notice of Adverse Action).

3. A claim will be prepared for the months benefits were continued, except for work registration sanction.

4. If the certification period has expired or will expire before the planned action can be implemented or other changes have occurred which offset the original intended action, then only a claim will be prepared for the month(s) the original action would have been effective.

5. If the household established good cause for failing to appear, benefits will be continued at the original level until/unless a change is reported, a mass change occurs, the certification period expires or a decision is rendered.

6. Notify Food Assistance Division of the good cause. A rehearing will be scheduled, conducted and a decision rendered.

7. If the rehearing decision finds for the agency, implement the action and prepare claim.

Ala. Admin. Code r. 660-4-2-.09

New Rule: Filed November 1, 1995; effective December 6, 1995.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 11/23/2018.

Author: Pamala Pace

Statutory Authority: Food Stamp Act of 1977, 7 U.S.C. 2011 et seq; Code of Ala. 1975, § 38-2-6(17); 7 C.F.R. Subtitle B, Chapter II Subchapter C Section 273.15(a)(1).