TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 10 GENERAL ADMINISTRATIVE PROVISIONS
SECTION 10.282 TIME LIMIT FOR FILING AN APPEAL


 

Section 10.282  Time Limit for Filing an Appeal

 

a)         The right of appeal (except for food stamp cases) must be exercised within 60 calendar days after the date of the Department's action to notify the client.  All written notifications to clients are to bear the same date as the date of mailing or delivery.  Day one of the 60 day time period shall be the day following:

 

1)         The date on a written notification of a decision on an application, reduction, suspension, termination or discontinuance of assistance and/or food stamp benefits, absent definitive evidence to the contrary that the notification was mailed (or delivery attempted) on a different date;

 

2)         The date of the Department's notification of denial of a request or other action that aggrieves the client when that denial or action is other than an application decision or a decision to reduce, suspend or terminate assistance.

 

b)         The 60 day time limitation does not apply when the Department fails to send a required written notification, fails to take action on a specific request, or denies a request without informing the client.

 

c)         Food stamp clients may request a hearing on any action or loss of benefits that occurred in the prior 90 days.