1617 Fair Hearing Decision and Request for Review - A fair hearing decision (the initial order) shall be rendered by the hearing officer no later than 90 days (60 days for food assistance) after receipt of the request on a Request for Administrative Hearing form or similar document. The decision is sent to the client and the local DCF Service Center.

As stated in the initial order, both the responsible agency and the client/responsible party have the right to request a review of the initial order. The agency responsible for program administration is responsible for the review as follows:

1. For all programs, the State Appeals Committee reviews the decision of the hearing officer. A request to the State Appeals Committee must be made within 18 days of the date of the fair hearing decision. Either party may also have the right to request a re-hearing in order to submit additional information or evidence. This request must also be made within 18 days of the date of the fair hearing decision.
   
2. For decisions involving a medical program and another program, a two-member committee formed by one KDHE-DHCF designee and one DCF designee shall review the decision of the hearing officer. The request for review may come through the client or either agency but must be made within 18 days of the initial decision. A rehearing may also be requested within 18 days of the initial decision.

Assistance shall be continued at its prior level if an agency-level review is requested and shall continue at this level until a decision is rendered by the appropriate authority. However, final implementation of the order may be delayed pending the outcome of the agency-level review. See 1618.

The decision of the agency-level review is final and binding upon the client and the agency on the date of the decision. This is true even if the matter is appealed to the District Court. Assistance shall not continue at its prior level following the agency-level decision of the State Appeals Committee unless there is a court order to the contrary.

NOTE: For Food Assistance Only: If the household member or its representative fails to appear for the hearing, the decision shall include a statement to advise the household member he/she has ten (10) days from the receipt of the hearing decision to present reasons indicating good cause for failure to appear and that establishment of good cause will result in the granting of a new hearing. The notice shall also state that an appeal may result in a reversal of the decision. After a hearing decision which upholds the agency action, the household shall be notified of the right to pursue judicial review of the decision.

1618 Agency Actions Following Fair Hearing Decisions - For decisions favorable to the client which are not pending an agency-level review, the initial order shall be implemented immediately upon receipt of the order. If the agency has requested further review of the initial order, implementation is delayed until a decision on the agency-level review is rendered.

For orders unfavorable to the client, the decision shall not be implemented until the 18th day following the date the initial decision is mailed. This is to allow the client the opportunity to request an agency-level review. If a request is made within the 18-day period, the decision shall not be implemented until the agency-level review is final.

1618.1 Retroactive Payments - When the hearing decision is favorable to the client, or when the agency decides in favor of the client prior to the hearing, the agency shall promptly make corrective payments.

1618.2 Recovery of Overpayments - When the hearing decision upholds agency action, any overpayment made during the fair hearing process is subject to recovery, except in situations where the action being appealed is the application of a work related or CSS penalty. When the hearing decision is favorable to the agency, an overissuance is not appropriate since the penalty period will be applied after the hearing decision is rendered.