(a) Client rights.  Every applicant and participating household has the right to appeal any action relating to their food benefit application or case.  Applicants and recipients are advised orally as well as in writing of their right to a fair hearing and of the procedures for appealing any decision.

(b) Hearing request.  Every applicant and participating household who believes proper consideration has not been given to the circumstances surrounding their situation may request a hearing.  This request may be made orally or in writing.  • 1

• (1) When the aggrieved client chooses to orally request a hearing instead of making a written request, the client is given an opportunity to review the situation with a supervisory or administrative staff member in the local office.  If the situation is not resolved in the review or the aggrieved client does not wish to review the situation with local supervisory or administrative staff, a memorandum is prepared summarizing the client's reason(s) for requesting a fair hearing and the identifying portion of Form 13MP001E, Request for a Fair Hearing, is completed. • 2
• (2) Households wishing to contest a denial of expedited service must be given an opportunity to have an Oklahoma Department of Human Services (OKDHS) conference scheduled within two working days unless the household requests it be scheduled later or states it does not wish to have an OKDHS conference.  The conference is handled in accordance with procedures in OAC 340:2-5-61.  A fair hearing must be held if the issue is not resolved or the household does not withdraw its request for a fair hearing by signing Form 13MP004E, Withdrawal of Request for Hearing.

(c) Participation during appeal.  When a household requests a hearing during the ten‑day advance notice period, the household can choose to continue participation on the basis of the household's situation authorized immediately prior to the notice of adverse action.  The continuation of benefits can only occur if the certification period has not expired.  If the appeal is not sustained, the client is required to reimburse the benefits received ineligibly.  If the household chooses not to continue participation on the basis immediately prior to the notice of adverse action and the appeal is sustained, the household is entitled to the retroactive benefits lost during the appeal period.

• (1) When the household fails to request continuation of benefits within the advance notice period and later establishes there was good cause for the failure, the worker reinstates the benefits to the prior basis.
• (2) When benefits are reduced or terminated as a result of a mass change without individual notice of adverse action, OKDHS, upon request of the household, reinstates benefits if the issue being appealed is that eligibility or benefits were improperly computed.
• (3) When a household requests a hearing and continuation of benefits as a result of an action taken by OKDHS at initial certification or on a subsequent application, benefits are not reinstated or continued except as authorized at such initial or subsequent certification.

(d) Reduction or termination prior to hearing decision.  Once continued, benefits are not reduced or terminated prior to a hearing decision except under the circumstances in (1) and (2) of this subsection.

• (1) Change in circumstances while hearing is pending.  If a change in circumstances, other than the issue being appealed, occurs while the hearing decision is pending which affects the household's eligibility or basis of issuance and the household does not request an additional hearing and continuation of benefits after the notice of adverse action, such action is initiated by the worker.  The benefit allotment must be based on any income the household had prior to the first notice of adverse action.
• (2) Notification to household.  The head of the household is mailed written notice of the decision of the Appeals Committee per OAC 340:2-5-76 and is apprised of the reason for the decision.  At the same time, the head of the household is advised of any further right to appeal.

(e) Hearing decision.  Decisions of the Appeals Committee may not run counter to federal law, regulation, or policy.  The hearing is conducted, a decision is reached, and the household and human services center are notified within 60 calendar days of receipt of the fair hearing request.  A decision which results in an increase in household benefits is reflected in the benefit within ten days of the receipt of the hearing decision.