12900 Fair Hearings and Appeal Procedures

Request for a Hearing - A request for a fair hearing is defined as a clear expression to appeal a decision or final action of any agency or employee of the Department for Children and Families. The Office of Administrative Hearings in the Department of Administration administers the agency's fair hearing program pursuant to the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.)

A request for a fair hearing may be made orally (either in person or by phone) or in writing. The person making the request must be an applicant, recipient, or authorized representative of an applicant or recipient of Summer EBT benefits.

A request can be made at any point within 90 days of the end of the Summer Operational Period regarding any decision made with respect to:

    1. An application the household has made for Summer EBT benefits; or

    2. A streamlined certification for Summer EBT benefits; or

    3. A verification process or procedure; or

    4. Any adverse action taken against the household by the Summer EBT agency.

The State is required to provide a household with back-benefits for Summer EBT if the fair hearing determines that the Summer EBT agency erroneously failed to issue such benefits in the correct amount to an eligible family.

Prior to initiating the hearing procedure, the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The Summer EBT agency must promptly schedule a fair hearing if requested.

Staff should submit any written appeal received to the Summer Nutrition Program Specialist. The appeal will then be sent to: Office for Administrative Hearings, 1020 S. Kansas Ave, Topeka KS  66612-1327.

The written record of each hearing must be preserved for 3 years and must be available for examination by the parties concerned or their representatives at any reasonable time and place during that period.