23 Miss. Code. R. 300-2.16 - State Hearing Requests After Adverse Local Decision

A. The applicant or beneficiary has the right to appeal a local hearing decision by requesting a state hearing; however, the state hearing request must be made within fifteen (15) days of the postmark date of the local hearing decision. This means the state hearing request must be received by the regional office or state office on or before the fifteenth (15th) day after the local hearing notice is mailed.

B. If benefits have been continued pending the local hearing decision, then benefits will continue throughout the fifteen (15) day Advance Notice Period, when the local hearing decision is adverse.

C. If a state hearing is requested timely within the fifteen (15) day period, then benefits will continue pending the outcome of the state hearing. State hearings requested after the fifteen (15) day Advance Notice Period for the local hearing will not be accepted unless the thirty (30) day period for filing a hearing request has not expired because the local hearing was held early in the thirty (30) day period and there is time remaining.

Notes

23 Miss. Code. R. 300-2.16

42 C.F.R. Part 431 Subpart E; Miss. Code Ann. §§ 43-13-116, 43-13-117, 43-13-121

Adopted 8/1/2020 Amended 3/1/2023