- (1) An interested person has the right to a review of an adverse Department action by requesting a fair hearing before an ALJ. Reviews of medical assistance eligibility determinations are subject to Section R986-100-137.
- (2) In cases where the Department sends notice of its intent to take action to collect an alleged overpayment but there is no alleged SNAP overpayment, the interested person must request a hearing in writing or orally within 30 days of the date of notice of agency action. In all other cases, the interested person must request a hearing in writing or orally within 90 days of the date of the notice of agency action with which the interested person disagrees.
- (3) Only a clear expression by the interested person, whether orally or in writing, that the interested person wants an opportunity to present their case is required.
- (4) The request for a hearing can be made by contacting the Department.
- (5) If the interested person disagrees with the level of SNAP benefits paid or payable, the interested person can request a hearing within the certification period, even if that is longer than 90 days.
- (6) If a request for restoration of lost SNAP benefits is made within one year of the loss of benefits an interested person may request a hearing within 90 days of the date of the denial of restoration.
- (7) An interested person may contact the Department to resolve the dispute. If the dispute cannot be resolved, the interested person may still request a hearing provided it is filed within the time limit provided in the notice of agency action.
- (8) In cases not involving an overpayment or disqualification, if the interested person does not submit a timely appeal, the Department decision is final.
KEY: employment support procedures, hearing procedures, public assistance, SNAP
Date of Last Change: December 29, 2022
Notice of Continuation: August 14, 2025
Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.