1600 - FAIR HEARINGS, COMPLAINTS, AND GRIEVANCES

1610 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 fair hearing may be made in the following manner:


  1. Cash, Child Care and Work Programs – The request must be made in writing.
  2. Food Assistance – The request may be made orally (either in person or by telephone) or in writing.

 

The rights, responsibilities, and procedures for fair hearings for other interested persons are similar to those applicants/recipients as explained in this section except that hearings for other interested persons shall be held in Topeka.

 

The following persons may request a fair hearing:

 

1610.1 Cash, Child Care and Work Programs - Any person who is an applicant, recipient, or other interested person including inmates and taxpayers may request a fair hearing.

 

 1610.2 Food Assistance - Any person who is an applicant, recipient or authorized representative.

 

1611 Time Period For Requesting A Hearing - The date of request shall be the date the agency received the request. In addition, for food assistance, the date of request for oral requests is the day the person requests a fair hearing in person or by telephone.

 

1611.1 Cash, Child Care, and Work Programs - Unless preempted by federal law, a request for a fair hearing shall be in writing and received by the agency within 33 days from the date the notice of action is mailed. When a request for a fair hearing is received prior to the effective date of action as prescribed in 1612, assistance may be continued.

 

Such request may relate to an applicant's request for assistance which is denied, or is not acted upon with reasonable promptness, and to any recipient who is aggrieved by any agency action resulting in suspension, reduction, discontinuance, or termination of assistance, or determination that a protective, vendor, or two-party payment should be made or continued.

 

1611.2 Food Assistance - A request for a fair hearing shall be allowed on any action by the agency or loss of benefits which occurred in the prior 90 days.

 

Action by the agency shall include a denial of a request for a restoration of any benefits lost more than 90 days but less than a year prior to the request. In addition, at any time within the review period, a household may request a fair hearing to dispute its current level of benefits.

 

1612 Continuation of Benefits - If a request for a fair hearing is received: (1) for cash and child care - prior to the effective date of action, or (2) for food assistance - within 10 days of the date the notice of adverse action is mailed; and the review period has not expired, assistance shall not be suspended, reduced, discontinued, or terminated until a decision is rendered after a hearing, unless:
 

  1. A determination is made at the hearing by the hearing officer that the sole issue is one of state or federal law or regulation, or change in state or federal law and not one of incorrect application of a policy (when appropriate, local DCF staff should raise this issue in the hearing in order for the referee to render a decision).
     
  2. A change (except the matter under appeal) affecting the recipient's assistance occurs while the fair hearing decision is pending and the recipient fails to request a hearing after notice of the change.
     
  3. The request for a fair hearing concerns a discontinued program or service.
     
  4. Households subject to simplified reporting requirements do not submit a complete interim report form. Therefore, a household, subject to simplified reporting that will not comply with the requirement of submitting an interim report, is not entitled to a continuation of benefits when the basis of the fair hearing is to contest the imposed reporting requirement.
     
  5. The review period expires. The household may reapply and may be determined eligible for a new review period with a benefit amount as determined by the agency.
     
  6. A mass change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending.
     
  7. For child care or work program services, the request for a hearing concerns the suspension of program payments to a provider.
     

Assistance shall also be continued at the prior level if the client or agency requests a review by the State Appeals Committee. Refer to 1617.

 

NOTE: For cash - In any case where action was taken without timely notice, if the recipient requests a hearing within 10 days of the mailing of the notice of action, and the agency determines that the action resulted from other than the application of state or federal law or policy or a change in state or federal law, assistance shall be reinstated and continued until a decision is rendered in the matter as set forth above.

 

NOTE: For food assistance - benefits shall be continued for all households as outlined above unless the household specifically waives continuation of benefits. If the household does not positively indicate they wish to waive continuation of benefits, the State agency shall assume that continuation of benefits is desired and benefits shall be issued accordingly. If a fair hearing request is not made within the time period provided by the notice of adverse action, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the agency shall reinstate the benefits to the prior basis.

 

The agency shall promptly inform the household in writing if benefits are reduced or terminated pending the hearing decision.