N/A | Fair Hearing (Appeal)
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What It Is.
| A legal process in which an appeals referee settles the disagreement.
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Who Initiates the Process.
| The participant.
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What Issues Can Be Appealed.
| Issues that may be appealed are: · The amount of the assistance payment.· A suspension, reduction, denial, or termination of assistance.· The basis for an overpayment, the calculated amount of an overpayment, and the level of recoupment.· The eligibility for an assistance payment.· The use of protective or vendor payments. |
How to Initiate the Process.
| Participants must submit a request for a fair hearing in writing to either DHS or the county or tribe responsible for administering MFIP within the following timelines: · Within 30 days after receiving notice of the notice of adverse action or notice of intent to sanction.· Within 90 days after receiving notice of the county’s or tribe’s action, if the participant shows good cause for not making the 30-day deadline. |
What the Employment Counselor Should Do.
| · Route the fair hearing request to the county or tribe responsible for administering MFIP as soon as possible if the participant sends it to the employment services agency.· Be prepared to attend the fair hearing.· Provide any records requested by the referee, including printing off any relevant information from Workforce One. |
The Obligation of the County or Tribe Responsible for Administering MFIP to Ensure the Participant Can Participate.
| Reimburse participants for reasonable and necessary expenses related to attending the hearing. This can include: · Child care.· Transportation.· Transportation costs for the participant’s witnesses and representatives.· Legal fees are not a reimbursable cost. |
State’s Obligation.
| · Schedule fair hearings at reasonable time and date.· Have an impartial referee conduct the fair hearing.· Allow for the option of conducting the hearing by telephone.· Use an accessible site if the participant has disabilities. |
What Happens to Participant’s Benefits During a Fair Hearing.
| Participants’ benefits continue at their full amount if the participant requests a fair hearing within either of the following time periods (whichever is later): · Before the effective date of the adverse action.· within 10 days of the day the county or tribe mailed the notice of adverse action.
The county or tribe responsible for administering MFIP can adjust benefits if either one of the following occurs:
· The participant requests in writing not to receive continued assistance while the fair hearing decision is pending.· Changes in circumstances unrelated to the issue being appealed require a change to benefits. |
What Counties or Tribes Do When Decision Is Made.
| If the county or tribal action is found correct: · Apply the sanction beginning with the next payment month
If the participant’s appeal is upheld:
Restore any benefits that had been previously reduced. |
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