R986-100-123. The Right To a Hearing and How to Request a Hearing

  (1) An interested person has the right to a review of an adverse Department action by requesting a fair hearing before an ALJ.

  (2) In cases where the Department sends notice of its intent to take action to collect an alleged overpayment but there is no alleged SNAP overpayment, the interested person must request a hearing in writing or orally within 30 days of the date of notice of agency action. In all other cases, the interested person must request a hearing in writing or orally within 90 days of the date of the notice of agency action with which the interested person disagrees.

  (3) Only a clear expression by the interested person, whether orally or in writing, to the effect that the interested person wants an opportunity to present his or her case is required.

  (4) The request for a hearing can be made by contacting the Department.

  (5) If the interested person disagrees with the level of SNAP benefits paid or payable, the interested person can request a hearing within the certification period, even if that is longer than 90 days.

  (6) If a request for restoration of lost SNAP benefits is made within one year of the loss of benefits an interested person may request a hearing within 90 days of the date of the denial of restoration.

  (7) An interested person may contact the Department and attempt to resolve the dispute. If the dispute cannot be resolved, the interested person may still request a hearing provided it is filed within the time limit provided in the notice of agency action.

  (8) In cases not involving an overpayment or disqualification, if the interested person does not submit a timely appeal, the Department decision is final.