SNAP and POWER Policy Manual – 2000 – Extended Menu

2001     Time Frames for Conferences/Hearings

A. Accept a request for a POWER administrative hearing within 30 days from the date of the notice of adverse action.

B. Accept a request for a SNAP administrative hearing within 90 days from the date of the notice of adverse action.

C. Forward a copy of the request to the DFS-SO within two (2) days of the request as an administrative hearing must be scheduled within 20 days of the request.

1. An informal conference can be held by the field office, must be done within 7 days of the request in addition to the request being sent to the state office within 2 days of the request.   
2. If the request is due to an expedited denial, the informal conference needs to be done within 2 days of the request. 
3. If the client withdraws the request after the initial 2 days, including during or after the informal conference, the request for withdrawal needs to be in writing and submitted to the state office for an official withdrawal outcome to be logged. 

D. The hearing must be conducted, the decision reached and signed by  the Office of Administrative Hearings (OAH) hearing official and the requesting party/representative notified of the decision in writing:

1. Within 60 calendar days from the date of the request for SNAP;
2. Within 90 calendar days from the date of the request for all other programs;

a. The request needs to be in writing either by client or oral request in writing with date and time, who made the request and what the request was for, via e-mail or other written form.

3. Add one (1) day for each day the hearing is postponed at the request of the requesting party/representative.

2002          Denial of Hearing

A. An administrative hearing can be denied by DFS-SO when:

1. The reason for the adverse action is due to a mass change (this does not apply for SNAP);
2. No adverse action has been taken by DFS (this does not apply for SNAP);
3. The request for the hearing was not received within the appropriate time frame; (see Section 1901)
4. The assistance unit fails, without good cause, to appear at the scheduled hearing; or
5. The assistance unit or its representative withdraws the request in writing.

B. Inform the requesting party/representative a denial of a request is the final decision of DFS and may be appealed to the district court.

2003       Continuation of Benefits

A. Do not continue POWER benefits pending the administrative hearing decision unless the assistance unit later becomes eligible for reasons other than the administrative hearing issue(s).

B. Continue SNAP benefits, if requested, at the current level if the administrative hearing was requested within 10 days of the notice of adverse action and the certification has not expired. (See Section 1317)

1. Review the case when a subsequent change affecting eligibility or allotment occurs while the hearing is pending and the assistance unit fails to request a hearing after the notice of adverse action;
2. Recalculate benefits when a mass change affecting the assistance unit's eligibility or allotment occurs while the hearing is pending; or
3. Implement the change when the assistance unit, or its representative, orally withdraws the request for a hearing and did not advise DFS of the desire to reinstate the hearing within the specified time frame.
4. Advise the client that continuing benefits could result in an over-payment depending on the outcome of the hearing.

2004       Informal Conference

A. Schedule and conduct an informal conference within two (2) days of receiving a request for an administrative hearing concerning expedited SNAP benefits.

B. Schedule and conduct an informal conference within seven (7) days of receiving a request for an administrative hearing for all other programs and issues (please see H below for over-payment issues).

C. Allow the party, or the party’s representative, whose interests have been adversely affected to waive the informal conference.

D. Require the informal conference to be attended, at a minimum, by the Benefit Specialist and supervisor to represent the DFS-FO.

E. Review the facts and legal authority which the DFS-FO relied upon in making the determination to take an adverse action.

F. Provide notification immediately to the requesting party/ representative and to the State Office when results of an informal conference are successful.

G. Require the withdrawal by the client to be in writing.

H. If the request for an administrative hearing involves an overpayment of benefits, immediately forward the request to the Eligibility Integrity Investigator assigned to the overpayment (found in the body of the notice of overpayment, or in the case file documents). Also include the Eligibility Integrity Unit (EIU) Manager.  The EIU will handle the entirety of the hearing from the beginning, so it is important to submit this to their unit immediately.

1. The Eligibility Integrity Investigator shall conduct the informal hearing with the requesting party as it relates to the over-payment.
2. The Eligibility Integrity Investigator shall proceed and take the lead through the administrative hearing process should the requesting party fail to withdraw their request for a hearing as it relates to the over-payment.
3. The Eligibility Integrity Investigator shall call/list the appropriate Benefit Specialist and/or Benefit Specialist Supervisor as a witness in the Disclosure Statement which shall be submitted to the Office of Administrative Hearings prior to the scheduled hearing as it relates to the over-payment.

2005      Preparing for Administrative Hearing

A. Gather copies of the regulations supporting the adverse action, (i.e., CFR, Rules, state statute, public law).

B. Gather all documents of verification supporting the adverse action.

C. Gather copies of relevant notices sent to the requesting party/ representative.

D. Arrange for witness testimony.

E. Prepare a Disclosure Statement and include:

1. The Docket number, if available;
2. The name of the petitioner/contestant;
3. A list of witnesses to be called including, name, title, and location;
4. A list of exhibits to be offered by alpha character number;
5. A statement explaining what occurred, why the adverse action was taken and how the action was taken, and;
6. Certificate of service.

F. Send original Disclosure Statement and all exhibits to the DFS-SO, please reach out to your Regional Manager for guidance on who to send them to at the State Office.

G. Send copies of Disclosure Statement and all exhibits to the following by the due date listed in the Scheduling Letter / Order Setting Hearing sent by the Office of Administrative Hearing:

1. The Office of Administrative Hearing (OAH);
2. The petitioner/contestant;
3. The DFS State Office (State Office); and
4. All witnesses involved.

H. Plan opening and closing statements.

2006       Hearing Decision

A. The recommended decision is sent to the requesting party/representative, DFS-SO  and the DFS-FO within 20 days but no later than 30 days when additional information is requested.

B. The parties have the opportunity to file exceptions to the decision and a brief within ten days of receiving the decision.

C. The decision is reviewed by the appropriate agency designee for reversible error and the final order is entered.

D. The final order is then mailed to all parties (certified mail to requesting party/representative).

E. An appeal can be made by the requesting party/representative to the District Court within 30 days of receipt and then to the Supreme Court if dissatisfied with that decision.