County Responsibilities - Appeals and Fair Hearings 448-01-30-20
(Revised 3/1/12 ML #3304)
View Archives
IM 5146
The eligibility worker must:
- Inform the applicant of their right to appeal. All applicants and recipients are informed of their right to appeal and receive a fair hearing on the back of all notices.
- Assist an applicant or recipient in submitting their request for a fair hearing if the applicant or recipient requests their assistance. The SFN 162 – Request for Hearing may be used.
- Provide the household with a list of the legal service organizations, DN 1087 – Legal Service Organizations , to assist them with the fair hearing.
- Complete the SFN 1784 – Appeal Background Report. Mail or fax (701-328-2173) the Appeal Background Report, the request for hearing and other pertinent documents to the DHS Appeals Supervisor as soon as possible but no later than five calendar days from the date of receipt of the request for hearing.
- If the request is received by mail, the request form must be date stamped upon receipt and both the envelope and the request for hearing form must be sent to the DHS Appeals Supervisor.
- If the applicant or recipient hand delivers the request to the county, the request form must be date stamped upon receipt and a notation must be made on the request for hearing that the form was hand delivered.
- When the DHS Appeals Supervisor receives a request for hearing directly from the applicant or recipient, a copy will be sent to the eligibility worker. The eligibility worker must determine whether the household is entitled to continued benefits. See program policies for continuation of benefits at:
- SNAP 430-05-70-25, Continuation of Benefits
- TANF 400-19-125-10 and 400-19-125-15, Requesting a Fair Hearings
- CCAP 400-28-155-20, Benefits Pending a Fair Hearings
- LIHEAP 415-05-20, Right to Appeal and Fair Hearing
- When the eligibility worker becomes aware that the individual requesting a hearing plans to move from the State before a fair hearing decision would normally be reached, the eligibility worker must expedite the hearing request to ensure the household receives a decision and restoration of lost benefits and the hearing must be processed faster than others, if necessary, to allow a decision before the household leaves the area.
When preparing for the fair hearing, the eligibility worker must:
- Notify the DHS Appeals Supervisor if the appellant is represented by legal counsel to ensure that legal counsel is also provided for the county.
- Notify the DHS Appeals Supervisor of any problem the applicant or recipient may have accessing the hearing site.
- Review the applicable Administrative Rules and program policies. Any questions or clarifications needed in regards to the rules or policies must be addressed with appropriate program staff prior to the hearing.
- Organize all oral and written evidence and plan for its presentation at the hearing to avoid unnecessary delay or duplication.
- Present copies of policy directives or instructions at the hearing when they are involved in the matter.
- Arrange for the attendance of all necessary witnesses and the availability of all documents for presentation of the case by the county social service office.
- Prepare a complete final budget computation, month by month, for the period subject to review, and up to the date of hearing, if the issue is:
- Remain in touch with the applicant or recipient and report to the DHS appeals supervisor any change in their address or any other circumstances which might affect the hearing, if possible. The responsibility to report changes in the applicant or recipient’s circumstances continues until a hearing decision has been reached.
- Immediately upon receipt of notice of the decision signed by the Executive Director of the Department of Human Services, the eligibility worker must comply with the decision based on program policy.
