Hearing procedure for families and Summer EBT agencies.

CFR · 2024-01-01 · US · Title 7

(a) Each Summer EBT agency must establish a fair hearing procedure that is applicable to the State or ITO program as a whole. Fair hearing procedures must: (1) Allow a household to appeal, within 90 days after the end of the summer operational period, a decision made with respect to: (i)(A) An application the household has made for Summer EBT benefits; (B) A streamlined certification for Summer EBT benefits; or (C) A verification process or procedure. (ii) Any adverse action taken against the household by the Summer EBT agency. (2) Require the State 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, an administrative disqualification for intentional Program violation was subsequently reversed, or if there is a statement elsewhere in this part specifically stating that the household is entitled to restoration of lost benefits. (b) In response to an appeal, the Summer EBT agency may defend its initial decision to deny the eligibility of the child for Summer EBT benefits or take an adverse action against a household. The fair hearing procedure must provide for both the household and the Summer EBT agency: (1) A simple, publicly announced method to make an oral or written request for a hearing; (2) An opportunity to be assisted or represented by an attorney or other person; (3) An opportunity to examine, prior to and during the hea

official document · source cfr-2024 · id 7:§ 292.26