Section 218-RICR-20-00-1.22 - Fair HearingsA. A hearing is provided to any household aggrieved by any action of the agency which affects the participation of the household in the SNAP. 1. At the time of application, each household is informed in writing of its right to a hearing, of the method by which a hearing may be requested, and that its case may be presented by a household member or a representative, such as a legal counsel, a relative, a friend or other spokesperson.a. At any time the household expresses a verbal or written objection to an agency action or decision, it is reminded of the right to request a hearing.2. The household is also informed of the availability of free legal service through Rhode Island Legal Services. a. Hearing procedures are published and made available to any interested party.B. Agency Conference 1. The household is informed of the following optional agency provisions for hearing its complaint: a. A discussion of the disputed issue(s) can be arranged between the household and an agency representative.b. If the household prefers, an "Adjustment Conference" may be arranged with an agency representative. (1) This is an informal hearing in which a household has an opportunity to state its dissatisfaction with the agency action.(2) The agency representative presents the facts upon which the action was based.(3) The designated agency representative determines whether or not the staff decision was made in accordance with appropriate policy.2. An agency conference for a household contesting a denial of expedited service must be scheduled within two (2) working days, unless the household requests that it be scheduled later or states that it does not wish to have an agency conference.C. Consolidated Hearings 1. The agency, at its discretion, may respond to a series of individual requests for hearings by conducting a single group hearing.a. Only cases where related issues of State and/or Federal law, Regulation, or policy are the issues being raised are heard as consolidated hearings.b. In all group hearings, the policies governing individual hearings are followed.c. Each individual household is permitted to present its own case or have the case presented by a representative.D. Timeframes for Hearings 1. A household is allowed to request a hearing on any action by the agency or loss of benefits which occurred in the prior ninety (90) days.a. Action by the agency includes a denial of a request for restoration of any benefits lost more than ninety (90) days but less than a year prior to the request.2. At any time within the certification period, a household may request a hearing to dispute its current level of benefits.3. Within sixty (60) days of receipt of a request for a hearing, the appeals officer conducts the hearing, makes a decision, and notifies the household and agency representative of the decision.4. A decision which results in an increase in household's benefits is implemented within ten (10) days of the receipt of the hearing decision even if the agency representative must approve a supplemental benefit.5. Decisions which result in a decrease in household benefits are implemented at the next issuance subsequent to the receipt of the hearing decision.E. Household Request for Postponement 1. The household may request, and is entitled to receive, a postponement of the scheduled hearing.2. The postponement should not exceed thirty (30) days and the time limit for action on the decision may be extended for as many days as the hearing is postponed.F. Expedited Hearings 1. The agency expedites hearing requests from households, such as migrant farmworkers, which plan to move from the jurisdiction of the appeals officer before the hearing decision would normally be reached.a. Hearing requests from these households are processed faster than others, if necessary, to enable them to receive a decision and a restoration of benefits before they leave the area.G. Denial/Dismissal of Request for Hearing1. The agency must not deny or dismiss a request for a hearing unless: a. The request is not received within the allowable time period;b. The request is withdrawn by the household or its representative; orc. The household or its representative fails, without good cause, to appear at the scheduled hearing.H. Continuation of Benefits 1. If a household requests a hearing and continuation of benefits within the advance adverse notice period, and its certification period has not expired, the household's participation in the program is continued on the basis authorized immediately prior to the notice of adverse action, unless the household specifically waives continuation of benefits.a. If a hearing request is not made within the period provided by notice of adverse action, benefits are reduced or terminated as provided in the notice.b. However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the agency representative provides for reinstatement of benefits on the prior basis.2. When benefits are reduced or terminated due to mass change, participation on the prior basis is reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly computed, or that a Federal law or Regulation is being misapplied or misinterpreted by the agency representative.3. Once continued or reinstated, benefits are not reduced or terminated prior to the receipt of the official hearing decision unless:a. The certification period expires(1) The household may reapply and may be determined eligible for a new certification period with a benefit amount as determined by the agency representative pending the hearing official's decision on the disputed action;b. The hearing official makes a preliminary determination, in writing and at the hearing, that the sole issue is one of Federal law or Regulation and that the household's claim that the agency improperly computed the benefits or misinterpreted or misapplied such law or Regulation is invalid;c. A change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending, and the household fails to request a hearing after the subsequent notice of adverse action; ord. A mass change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending.4. The agency promptly informs the household, in writing, if benefits are reduced or terminated pending the hearing decision.5. If the agency action is upheld by the hearing decision, a claim against the household must be established for any over issuance (see § 1.17 of this Part).I. Hearing Process 1. Official notice of the hearing is sent to all parties involved at least ten (10) days before the scheduled hearing date unless the household requests less advance notice to expedite the scheduling of the hearing.2. If an individual chooses to have legal representation at the hearing, e.g., be represented by an attorney, paralegal, or legal assistant, the representative must file a written Entry of Appearance with the Hearing Office at or before the hearing. a. The Entry of Appearance acts as a release of confidential information, allowing the legal representative access to the agency case record.3. The hearing must be attended by a representative of the agency which initiated the action being contested and by the household and/or its representative. a. The hearing may also be attended by friends and relatives of the household if the household so chooses.b. However, the appeals officer has the authority to limit the number of persons in attendance at the hearing if it is determined that space limitations exist.4. The household or its representative must be given adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing.a. The contents of the case file including the application form and documents of verification used by the agency representative to establish the household's ineligibility or eligibility and allotment must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release.b. If requested by the household or its representative, the agency representative must provide free copies of the relevant portions of the case file.c. Confidential information which is protected from release and other documents or records which the household does not otherwise have an opportunity to contest or challenge must not be presented at the hearing or affect the appeals officer's decision.5. The household also has the opportunity to: a. Examine the Department's past hearing decisions.b. Present the case itself or have it presented by another person (if it is represented by legal counsel, e.g., be represented by an attorney, paralegal, or legal assistant);d. Advance arguments without undue interference;e. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and,f. Submit evidence to establish all pertinent facts and circumstances in the case.6. The appeal record must be retained for three (3) years and be available, for inspection and copying, to the household or its representative at any reasonable time.7. The household is notified that it has the right to pursue judicial review of an adverse hearing decision.8. The household and the agency representative are notified in writing of:b. The reasons for the decision in accordance with;c. The available appeal rights; and,d. That the household's benefits will be issued or terminated as decided by the appeals officer.e. The notice advises that an appeal request may result in a reversal of the decision.J. Implementation of Final Agency Decisions 1. The agency is responsible for ensuring that all final hearing decisions are implemented within the time limits specified in § 1.22(D) of this Part.2. When the appeals officer determines that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits are provided to the household in accordance with § 1.18 of this Part.3. Benefits to households which are leaving the project area are restored before the departure, whenever possible.4. When the appeals officer upholds the agency's action, a claim against the household for any over issuance is prepared in accordance with § 1.17 of this Part.K. Administrative Disqualification Hearings (ADH)1. An Administrative Disqualification Hearing (ADH) is initiated by the Claims, Collections, and Recoveries (CCR) Unit whenever there is sufficient documentary evidence to substantiate that an individual has committed one (1) or more intentional program violations as defined in § 1.9 of this Part. a. Such cases include alleged intentional program violation claims in discretionary amounts not feasible for prosecution plus those in which the agency believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system.b. Other cases may be those previously referred for prosecution, but for which prosecution was declined by the appropriate legal authority.2. The agency may initiate an Administrative Disqualification Hearing regardless of the current eligibility of the individual.a. If the individual is not eligible for the program at the time the disqualification period is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.3. The administrative disqualification hearing may be conducted regardless of whether other legal action is planned against the household member.4. Administrative disqualification hearings are held by the Administrative Disqualification Hearing Officer. a. No person who has participated in the issue under review is eligible to serve as a Hearing Officer.5. The agency publishes clearly written Rules of procedure for disqualification hearings which are made available to any interested party.6. The agency provides written notice to the household member suspected of intentional program violation at least thirty (30) days in advance of the date a disqualification hearing initiated by the State has been scheduled.a. If the notice is sent first class mail to the individual's address of record being maintained by the Department and is returned as undeliverable, the hearing may still be held.b. In instances in which the individual claims good cause for failure to appear based on a showing of non-receipt of the hearing notice, the individual has thirty (30) days after the date of the written notice of the hearing decision to claim good cause.7. For all Administrative Disqualification Hearings, ten (10) business days prior to the hearing date, the recipient and the agency must exchange a list of any expert witnesses and exchange expert reports to be presented at the hearing. a. An expert witness is defined as a witness who possesses a special knowledge in a subject of a scientific, mechanical, professional, or technical nature; an expert report is a writing of an expert witness.b. If the recipient does not intend to utilize an expert witness or expert report at the hearing, they do not need to exchange such expert witnesses' names and/or reports.c. Failure to include such a witness or document prevents that party from presenting that witness or document at the hearing, unless the hearing officer finds that good cause exists for the failure to produce.(1) If good cause is found to exist, the other party may request a continuance to consider and review the previously undisclosed evidence.(2) If the agency representative receives a request to review the evidence and/or case file before the hearing, a review should be planned by contacting the CCR Unit.8. The household, or its representative, must be given adequate opportunity to examine all documents and records to be used at the hearing, at a reasonable time before the date of the hearing, as well as during the hearing.a. The contents of the case file, including the application form and documents of verification used by the agency representative to establish the household's ineligibility, or eligibility and allotment, must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge, or the nature or status of pending criminal prosecutions, is protected from release.b. If requested by the household or its representative, the agency representative must provide the relevant portions of the case file. All pertinent evidence and documents pertaining to the disqualification hearing will be available for inspection at the Office of the ADH Officer.c. Confidential information that is protected from release, and other documents or records which the household will not otherwise have an opportunity to contest or challenge, must not be presented at the hearing to affect the Hearing Officer's decision.9. At the disqualification hearing, the Hearing Officer must advise the household member, or representative, that they may refuse to answer questions during the hearing. a. This refusal must, in no way prejudice the Hearing Officer's decision on the issues.10. The household must also have the opportunity to:a. Present the case itself, or have it presented by a legal counsel or other person;c. Advance arguments without undue interference;d. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and,e. Submit evidence to establish all pertinent facts and circumstances in the case.11. The hearing is attended by the representative(s) of the agency which initiated the action being contested and by the household and/or its representative.a. The hearing may also be attended by friends and relatives of the household if the household so chooses.b. However, the Hearing Officer has the authority to limit the number of persons in attendance at the hearing if it is determined that space limitations exist.12. The hearing decision record must be retained for three (3) years and must also be available to the household or its representative for inspection and copying at any reasonable time.a. A decision by the Administrative Disqualification Hearing Officer is binding on the agency and must summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent Regulations or policy.b. The household is notified that it has the right to pursue judicial review of an adverse hearing decision.c. The household and the agency representative are notified in writing of: (2) The reasons for the decision; and(3) The available appeal rights.13. If the household member, or its representative, cannot be located or fails to appear at the hearing without good cause, the hearing is conducted without the household member represented.a. If the household member is found to have committed an intentional program violation, but the Hearing Officer later determines that the household member, or representative, had good cause for not appearing, the previous decision must no longer remain valid and the agency must conduct a new hearing. (1) The hearing official who originally ruled on the case may conduct the new hearing.b. In instances in which the individual claims good cause for failure to appear based upon a showing of non-receipt of the hearing notice, the individual has thirty (30) days after the date of the written notice of the hearing decision to claim good cause. (1) In all other instances, the household member has ten (10) days from the date of the scheduled hearing to present reasons indicating good cause for failure to appear.(2) The individual shall provide evidence of the non-receipt of the hearing notice to the Administrative Disqualification Hearing Officer for consideration.14. A pending disqualification hearing must not affect the individual's or the household's right to be certified and to participate in the program.a. Since the agency cannot disqualify a household member for intentional program violation until the hearing official finds that the individual has committed intentional program violation, the agency representative must determine the eligibility and benefit level of the household in the same manner as it would be determined for any other household.b. However, the household's benefits must be discontinued if the certification period has expired and the household, after receiving its notice of expiration, fails to reapply.c. The agency representative should also reduce or terminate the household's benefits if the agency has documentation which substantiates that the household is eligible, or ineligible, for fewer benefits (even if these facts led to the suspicion of intentional program violation and the resulting disqualification hearing) and the household fails to request a fair hearing and continuation of benefits pending the hearing.15. If the hearing authority rules that the household member has committed an intentional program violation, the household member must be disqualified in accordance with the disqualification penalties specified in § 1.9 of this Part, beginning with the first (1st) month which follows the date the household receives written notification of the hearing decision. a. However, if the act of intentional program violation which led to the disqualification occurred prior to notification of the disqualification penalties specified in § 1.9 of this Part, the household member must be disqualified in accordance with the disqualification penalties in effect at the time of the offense.b. The same act of intentional program violation repeated over a period of time must not be separated so that separate penalties can be imposed.c. The determination of intentional program violation made by a disqualification hearing official cannot be reversed by a subsequent fair hearing decision. (1) The household member, however, is entitled to seek relief in a court having appropriate jurisdiction.(2) The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.d. Even if the individual is not eligible for the program at the time the disqualification penalty is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.e. Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification continues uninterrupted until completed, regardless of the eligibility of the disqualified member's household.(1) However, the disqualified member's household continues to be responsible for repayment of the over issuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for program benefits.16. If the hearing official finds that the household member did not commit an intentional program violation, the agency must provide a written notice informing the household member of the decision.17. If the hearing official finds that the household member committed an intentional program violation, the agency must provide written notice to the household member prior to disqualification.a. The notice informs the household member of the decision and the reason for the decision.b. In addition, the notice informs the household member of date disqualification will take effect. (1) If the individual is no longer participating, the notice must inform the individual that the period of disqualification will be deferred until such time as the individual again applies for, and is determined eligible, for program benefits.c. The agency must also provide written notice to the remaining household member(s), if any, of either the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired.18. The agency must allow accused individuals to waive their rights to an Administrative Disqualification Hearing. a. This is only done when the CCR Unit has determined that evidence exists which warrants the scheduling of an Administrative Disqualification Hearing.b. After such a determination has been made, the CCR Unit mails the Waiver of Right to Administrative Disqualification Hearing to the household member which notifies the individual of a scheduled appointment at which the individual is offered an opportunity to review all the evidence and any other material relating to the claim. (1) The written notification, conforming to FNS Regulations, informs the household member of the possibility of waiving an Administrative Disqualification Hearing(2) If the household member suspected of intentional program violation keeps the appointment and/or signs and returns the Waiver of Right to an Administrative Hearing within the time frames specified by the agency, the household member must be notified and disqualified in accordance with the disqualification penalties and procedures specified in § 1.9 of this Part.(3) If the household member does not sign the waiver within the time frame indicated on the letter, the claim is forwarded to the Administrative Disqualification Hearing Office.19. The agency refers for prosecution those cases of alleged intentional program violation which meet the criteria established by the CCR Unit.a. The agency also encourages State prosecutors to recommend to the court that a disqualification penalty, as provided in § 1.9 of this Part, be imposed, in addition to any other civil or criminal penalties for such violations.b. The agency must disqualify an individual found guilty of intentional program violation for the length of time specified by the court.(1) If the court fails to impose a disqualification period, the agency must impose a disqualification period in accordance with the provisions in § 1.9 of this Part unless contrary to the court order.(2) If disqualification is ordered, but a date for initiating the disqualification period is not specified, the agency should initiate the disqualification period for currently eligible individuals within forty-five (45) days of the date the disqualification was ordered.(3) Any other court-imposed disqualification must begin within forty-five (45) days of the date the court found a currently eligible individual guilty of civil or criminal misrepresentation or fraud.c. If the individual is not eligible for the program at the time the disqualification period is to begin, the disqualification penalty shall be imposed as if the individual were eligible to participate at the time of the penalty imposition.d. Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification continues uninterrupted until completed, regardless of the eligibility of the disqualified member's household. (1) However, the disqualified member's household continues to be responsible for repayment of the over issuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for program benefits.e. If the court finds that the household member committed intentional program violation, the agency must provide written notice to the household member.(1) The notice must be provided prior to disqualification, whenever possible.(2) The notice must inform the household member of the disqualification and the date disqualification will take effect.(3) The agency must also provide written notice to the remaining household member(s), if any, of the allotment they will receive during the period of disqualification, or that they may reapply because the certification period has expired.f. The agency allows accused individuals to sign disqualification consent agreements for cases of deferred adjudication. (1) This option is used for those cases in which a determination of guilt is not obtained from a court due to the accused individual having met the terms of a court order, or which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecutor.g. In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, the agency must reinstate the individual in the program if the household is eligible.(1) The agency must restore benefits that were lost as a result of the disqualification, in accordance with the procedures specified in § 1.18 of this Part.218 R.I. Code R. 218-RICR-20-00-1.22
Adopted effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023
Amended effective 9/22/2024
Amended effective 10/1/2024
Amended effective 10/24/2024