Utah Admin. Code 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. Reviews of medical assistance eligibility
determinations are subject to Section
R986-100-137.
(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,
that the interested person wants an opportunity to present their 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 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.
Notes
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