Section 181-4-005 - TIME LIMIT FOR REQUESTAdverse actions shall follow appropriate timelines as described below.
005.01PERIOD FOR REQUESTING A HEARING. An applicant or participant who has been notified of adverse action may request a fair hearing before the Department as provided in 7 CFR Part 246.9 or 247.33 as applicable. 005.02DENIAL OR DISMISSAL OF REQUEST. The Department shall not deny or dismiss a request for a fair hearing except as provided in 7 CFR Part 246.9 or 247.33 as applicable.005.03CONTINUATION OF BENEFITS. A participant who appeals a disqualification notice before the disqualification takes effect shall continue to receive program benefits until the hearing official reaches a decision or the certification period expires, whichever occurs first. A participant whose certification period has expired or who becomes categorically ineligible may not receive benefits after the certification period has ended. An applicant either at initial certification or whose certification has expired or has become categorically ineligible during the certification period may not receive benefits during the hearing process.005.04TIMING OF NOTICE AND HEARING. The Department shall set the date, time, and place of the hearing within seven (7) calendar days after it receives a request for a fair hearing. 005.04(A)NOTICE. The Department shall send the notice of hearing to the applicant or participant to ensure receipt no later than ten (10) calendar days before the hearing, using certified or registered mail.005.04(B)HEARING. A hearing shall be held within twenty-one (21) calendar days of receipt of the request for a fair hearing, unless the appellant requests a continuance or the hearing officer orders a continuance, as provided in this chapter.181 Neb. Admin. Code, ch. 4, § 005
Amended effective 4/20/2021