Timely Action on Hearings 430-05-70-35

(Revised 10/01/14 ML 3410)

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When a household timely requests a fair hearing, the State has 60 days to ensure:

1. The hearing is conducted.
2. A decision is reached.
3. The household and county are notified of the decision.

When a decision results in a decrease of benefits, the decrease must be reflected with the next scheduled issuance, following receipt of the hearing decision. Adequate or advance notice is not required. Claims must be established for any overissuance, which resulted from the continued benefits.

 

When a decision results in an increase of benefits, the benefits must be issued within 10 days of receipt of the hearing decision.

 

Exception:

The worker may take longer than 10 days to make the decision effective if it elects to use the households normal issuance cycle, provided that the issuance will occur within 60 days from the household’s request for hearing.