No. 26932 (Amendment): R986-100-134. Payments of Assistance Pending the Hearing .

DAR File No.: 26932
Filed: 02/02/2004, 02:18
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment makes clients eligible for continuing benefits pending a decision on good cause for not cooperating in the establishment of paternity.

 

Summary of the rule or change:

The Department recently changed the process for determining good cause for not cooperating in the establishment of paternity. Some of the reasons for good cause can only be established at the Administrative Law Judge level. A client should be eligible to receive child care until that decision is made. If good cause is not found, the client will be liable for the overpayment.

 

State statutory or constitutional authorization for this rule:

Sections 35A-3-101 et seq., 35A-3-301 et seq., and 35A-3-401 et seq.

 

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget as decisions regarding good cause were previously made at the Department level. If there is an overpayment, the client will be liable to pay back the Department. Child care is a federally-funded program.

 

local governments:

There will be no costs or savings to local government as this is a federally-funded program administered at the state level.

 

other persons:

There will be no costs of savings to any person as this is a federally-funded program.

 

Compliance costs for affected persons:

There are no compliance costs associated with this rule change. This program is funded by federal grant monies. There are no fees charged to any person. The Department changed the decision making process from the employment counselor to the Administrative Law Judge. Because it will now take longer for the decision to be made, the Department wants to insure clients do not lose their employment pending a decision. If there is an overpayment, the client will be responsible for repayment making the change fiscally neutral.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on any business as this is a federally-funded program.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

 

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/19/2004

 

This rule may become effective on:

03/22/2004

 

Authorized by:

Raylene G. Ireland, Executive Director

 

 

RULE TEXT

R986. Workforce Services, Employment Development.

R986-100. Employment Support Programs.

R986-100-134. Payments of Assistance Pending the Hearing.

(1) A client is entitled to receive continued assistance pending a hearing contesting a Department decision to reduce or terminate food stamps, RRP, FEPTP, or FEP financial assistance if the client's request for a hearing is received no later than 10 days after the date of the notice of the reduction, or termination. The assistance will continue unless the certification period expires until a decision is issued by the ALJ. If the certification period expires while the hearing or decision is pending, assistance will be terminated. If a client becomes ineligible or the assistance amount is reduced for another reason pending a hearing, assistance will be terminated or reduced for the new reason unless a hearing is requested on the new action.

(2) If the client is otherwise eligible, Employment Support Child Care (ES CC) can be paid pending an appeal of a decision from ORS that the client is not cooperating in the establishment of paternity or if the Department denies good cause. The client's request for a hearing must be received no later than 10 days after the date of the notice of denial or termination. The ES CC assistance will continue until a decision is issued by an ALJ regardless of when the certification period expires. If a client becomes ineligible or the assistance amount is reduced for another reason pending a hearing, assistance will be terminated or reduced for the new reason. If a client files a new application after a decision by an ALJ denying assistance, the new application will be denied and the client will have no right to appeal that denial unless there has been a change in circumstances.

(3) If the client can show good cause for not requesting the hearing within 10 days of the notice, assistance may be continued if the client can show good cause for failing to file in a timely fashion. Good cause in this paragraph means that the delay in filing was due to circumstances beyond the client's control or for circumstances which were compelling and reasonable. Because the Department allows a client to request a hearing by telephone or mail, good cause does not mean illness, lack of transportation or temporary absence.

(4) A client can request that payment of assistance not be continued pending a hearing but the request must be in writing.

(5) If payments are continued pending a hearing, the client is responsible for any overpayment in the event of an adverse decision.

(6) If the decision of the ALJ is adverse to the client, the client is not eligible for continued assistance pending any appeal of that decision.

(7) If a decision favorable to the client is rendered after a hearing, and payments were not made pending the decision, retroactive payment will be paid back to the date of the adverse action if the client is otherwise eligible.

(8) Financial assistance payments under GA or WTE, and CC subsidies, except as provided in paragraph (2) above will not continue during the hearing process regardless of when the appeal is filed.

(9) Financial assistance under the RRP will not extend for longer than the eight-month time limit for that program under any circumstances.

(10) Clients receiving financial assistance under the FEPTP program must continue to participate to receive financial assistance during the hearing process.

(11) Financial assistance under the FEPTP program will not extend for longer than the seven-month time limit for that program under any circumstance.

(12) Assistance is not allowed pending a hearing from a denial of an application for assistance.

 

KEY: employment support procedures

[2003]2004

35A-3-101 et seq.

35A-3-301 et seq.

35A-3-401 et seq.