Diversion Appeals 400-19-145-55

(Revised 6/1/10 ML #3218)

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Individuals have the right to appeal any adverse action regarding their Diversion Benefits.  (See Section 400-19-125-10, Requesting a Fair Hearing – Other than JOBS Sanction for additional information.)

 

When an individual appeals an adverse action regarding their Diversion Benefit:

1. If Diversion is denied or the case closed, benefits cannot be continued pending the hearing decision.
2. If Diversion is reduced, benefits may only be continued based on the reduced level, pending the hearing decision.
3. If Diversion has been paid for the maximum 4 months in the preceding 12-month period and notice to close has been sent, if the individual appeals the closure, benefits may not continue pending the fair hearing.