1. A.

   1. 1. When a decision is made on a case, the client is notified and is allowed the following number of days from the date of the notice to request a fair hearing:

      1. a. FITAP30 days;
      2. b. STEP Program30 days;
      3. c. KCSP30 days;
      4. d. SNAP90 days.
   2. 2. The client may appeal at any time during a certification period for a dispute of the current level of benefits.

2. B. An appeal is timely requested if the appeal request:

   1. 1. is delivered on or before the due date; or
   2. 2. received via fax or mailed on or before the due date. If the appeal request is received by mail on the first working day following the due date, there shall be a rebuttable presumption that the appeal was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service made at the time of mailing which indicates the date thereof. For purposes of this Section, “by mail” applies only to the United States Postal Service.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with 42 USC 601 et seq., and R.S.36:474.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Family Support, LR 25:2260 (November 1999), amended LR 26:350 (February 2000), amended by the Department of Children and Family Services, Division of Programs, Economic Stability, LR 38:965 (April 2012), amended by Department of Children and Family Services, Economic Stability Section, LR 44:443 (March 2018).