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Department
of Human Services Families
First Online Policy Manual Appeals and Fair Hearings |
Revised: |
40.2 |
RIGHT OF APPEAL |
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Every applicant/recipient must be informed
of his/her right to appeal if he/she is aggrieved by an action or lack of
action by DHS. Anyone who applies or
wants to apply for Families First benefits must be given the
informational pamphlet that explains the right of Appeal and Fair Hearing,
the method by which a hearing may be obtained and that his/her case may be
presented by a household member or a representative. Any applicant/ recipient must be
informed about these rights: ·
Verbally at
the interview when he/she applies for benefits. ·
In writing
on the notice regarding the action taken on his/her application. ·
When he/she
indicates disagreement with an agency action. In addition, the appellant must
be informed of any free legal representation that is available. DHS staff will refer the appellant to any
legal services available in the community. All Department hearing records and decisions are available for public
inspection and copying, subject to the disclosure safeguards provided by
federal regulation. In addition, the
names and addresses of appellants and other members of the public must be
kept confidential. Appeals may arise from conflicts or dissatisfaction related to an
action or lack of action by DHS such as, but not limited to: ·
A decision
regarding eligibility for Families First such as amount of assistance, the
manner of payment, restrictions on the payment or the amount of payment for
services. ·
Reduction or
termination of Families First benefits. ·
Failure to
act on a request for Families First benefits within 45 days. ·
State or
federal laws, policies or regulations considered unfair or unreasonable. ·
Discriminatory
treatment or practices on the basis of race, color, age, sex, handicap,
religious creed, national origin or political belief. In the case of a discrimination complaint,
see Rights and Responsibility chapter. ·
The content
of the Personal Responsibility Plan. ·
The
activities or support services provided which are related to the Personal
Responsibility Plan. Exception: If the appeal is regarding an action of a Title XX Third Party agency,
that agency is responsible for responding to the complaint. If the complaint is not resolved informally
by the Third Party agency, the complainant can bring his/her case to the
Department of Human Services for further review through the appeal process. Complaints by an interested individual on behalf of an
applicant/recipient must be handled within the limits of confidentiality. When an appeal is filed, every effort must
be directed to resolving the appeal promptly and, if possible, to the
complainant’s satisfaction. |
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