 |
|
(Revised 6/1/05 ML #2971)
When a fair hearing is requested in writing within 10 days from the date of the adverse action, assistance must be continued pending the fair hearing decision except in the following circumstances:
The household fails to meet other eligibility requirements except JOBS during the appeal process;
The recipient unconditionally withdraws or abandons the fair hearing request; or
The department determines, based upon the record of the claimant's fair hearing, that the issue involved is one of state or federal law or a change in state or federal law.
Any amount paid to the recipient pending the fair hearing decision shall be considered an overpayment, subject to recovery, if the decision is unfavorable to the appellant. The amount of such overpayment is the amount of additional benefits paid to the household while awaiting the decision of the fair hearing authority.
Fair Hearing Process
When adverse action is taken against a TANF recipient and the individual requests a fair hearing, the fair hearing will be conducted by the Office of Administrative Hearings in accordance with NDAC Chapter 75-01-03.
The case manager must notify the DHS Appeals Supervisor if the appellant is represented by legal counsel because legal representation will be provided.
If the eligibility worker believes that legal counsel is necessary in cases where the appellant is not represented, a request with rationale for counsel must be sent to the DHS Appeals Supervisor at 600 East Boulevard Avenue, Dept. 325, Bismarck, ND 58505-0257.
The eligibility worker is responsible for compiling a chronological written history of the individual’s involvement and non-compliance with program requirements.
The following procedure should be followed when a TANF recipient requests a fair hearing:
If the individual mails SFN 1940, Request for Hearing, to the county social service office, the request form should be date stamped upon receipt and both the envelope (the postmarked envelope is needed to determine the timeliness of the individual’s request) and the Request for Hearing form should be immediately mailed to the DHS Appeals Supervisor at the address noted above;
If the individual hand delivers SFN 1940, Request for Hearing, to the county, the request form should be:
Date stamped upon receipt, with a notation made on the form that it was hand delivered; and
Immediately mailed to the DHS Appeals Supervisor at the address noted above; and
The DHS Appeals Supervisor will then send a copy of SFN 1784, Appeal Background Report, to the Program Case Manager and request that he or she complete the report and mail it along with all pertinent documents relating to the appeal, such as good cause determination letters, sanction notices, etc., to the DHS Appeals Office at the address noted above.
