(Revised 6/1/10 ML #3218)
When an individual appeals an adverse action, other than JOBS, the individual has the right to make a written request for a fair hearing within 30 calendar days from the print date of the notice of adverse action.
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;
- The department reverses the proposed action without a hearing;
- 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.
- After an appeal is filed and prior to the decision rendered, a change in the recipient’s benefits occurs and the recipient fails to file a timely request for a fair hearing after they are notified of that subsequent change.
- When the appeal is due to a denial, reduction or closure of Diversion. (See Section 400-19-145-55, Diversion Appeals.)
When an individual submits a written request for a fair hearing within 10-calendar days from the print date of the notice of adverse action, the individual’s TANF benefit must be restored at the level the household would have been eligible to receive without implementing the proposed adverse action which is being appealed, pending the outcome of the fair hearing.
Note: If two adverse actions were taken that reduced the households benefit and the household only appeals one of the adverse actions, the restored benefit level will reflect the change in benefits that results from the adverse action that was not appealed.
The TANF Eligibility Worker must create and send a "TANF Benefits Pending Hearing Decision" notice immediately unless the individual requests to have their benefits reduced.
If an individual submits a written appeal within 10 days and the individual’s needs have already been removed from the household’s TANF benefit, the TANF Eligibility Worker shall create an underpayment for that month and issue a supplemental payment to the household.
Note: An otherwise eligible individual and their household shall continue to receive a monthly TANF benefit pending the outcome of the fair hearing.
When the individual requests a fair hearing, the fair hearing will be conducted by the Office of Administrative Hearings in accordance with N.D.A.C. 75-01-03.