6.4.1 Fair hearings

7 CFR 273.15

7 CFR 273.15(g)

7 CFR 273.15(k)(1)

If the food unit disagrees with an agency action or the amount of FoodShare benefits, they may request a fair hearing. See the Income Maintenance Manual 1.2 Fair Hearings.

A fair hearing must be requested within 90 days from the first day that a specific agency action impacted their FoodShare benefits. See example 1 below.
A fair hearing may be requested at any time within a certification period if a food unit disagrees with their current amount of FoodShare benefits.

Example 1: On July 10 a worker makes a CARESClient Assistance for Reemployment and Economic Support entry to reduce FoodShare benefits effective August 1. The member has 90 days from August 1 to file a hearing request.

Note: CARES notices are programmed to accurately indicate this date.

Food units appealing an agency decision by requesting a fair hearing must do so prior to the effective date of the change or termination in order to have their benefits continued at the previous level while the hearing is pending.

While the fair hearing is pending, issue the FoodShare assistance group the lost benefits as determined by the agency. Issue FoodShare based on the fair hearing decision. Do not require another fair hearing (when the fair hearing decision was made within the last 12 months) or any other administrative action before restoring lost benefits.

If the FoodShare benefit decreases due to alignment of the FoodShare certification period with another program, a food unit may file a request for a fair hearing within 10 days and elect to continue to receive their original benefit amount until the fair hearing decision is rendered. Food units who choose to file a fair hearing should be reminded that agencies are required to act on all known information. During the FoodShare certification period, newly reported information for another program is treated as a change for FoodShare.

6.4.1.1 FSET Program Fair Hearings

The IM agency must notify the FSET agency when an FSET participant has requested a fair hearing. The IM agency must work with the FSET agency to gather appropriate information in preparation for the fair hearing. Both the IM agency and FSET agency are required to attend the FSET fair hearing and provide requested documentation in advance of the hearing. Effective coordination and communication between the FSET agency and the IM agency is important to facilitate this process.

This page last updated in Release Number: 15-02

Release Date: 04/30/2015

Effective Date: 04/30/2015