Current through October 31, 2024
Section 431.231 - Reinstating services(a) The agency may reinstate services if a beneficiary requests a hearing not more than 10 days after the date of action.(b) The reinstated services must continue until a hearing decision unless, at the hearing, it is determined that the sole issue is one of Federal or State law or policy.(c) The agency must reinstate and continue services until a decision is rendered after a hearing if-(1) Action is taken without the advance notice required under § 431.211 or § 431.214 of this subpart;(2) The beneficiary requests a hearing within 10 days from the date that the individual receives the notice of action. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the beneficiary shows that he or she did not receive the notice within the 5-day period; and(3) The agency determines that the action resulted from other than the application of Federal or State law or policy.44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302 , July 15, 2013