Section 218-RICR-20-00-3.5 - Appeal RightsA. An applicant/recipient has a right to request a hearing within ten (10) days of the DHS's notice of action regarding an impending reduction, suspension, or discontinuance of assistance except for Hardship under § 3.3 of this Part. 1. If a request for a hearing is made within the ten (10) day advance notice period of the date of the notice and a written request for continuation of assistance is included in the request for hearing, no action for reduction, suspension, or discontinuance is taken until the hearing decision is reached except in the following instances: a. When the reduction, suspension or discontinuance is caused by a change in State law that requires automatic grant adjustment for classes of recipients, a timely notice of such grant reduction can be issued by mass mailing, and the payment is not continued and no hearing need be granted.(1) However, a hearing is granted and the payment is continued when the reason for the appeal is incorrect grant computation. The DHS supervisor will review the issue to determine this and will inform the recipient, in writing, of the action that will be taken.b. When a second (2nd) change occurs while the hearing decision is pending, and the recipient does not request a hearing within the advance notice period on the second (2nd) issue, assistance is reduced, suspended or discontinued and the recipient must be promptly informed of this in writing.c. At the end of the ten (10) day period, the action remains in force if the client has not responded and requested a hearing and submitted a written request for continuation of benefits. No hearing will be granted unless requested within ten (10) days of the date of the notice.B. Conditions under Which Assistance Continued1. If the request for a fair hearing is made within the ten (10) day advance notice period and a written request for continuation of assistance is included in the request for hearing, no action for reduction, suspension, or discontinuance is taken until the fair hearing decision is rendered.2. If the reduction, suspension, or discontinuance is caused by the application of a change in DHS policy which affects all recipients, a timely notice can be issued by mass mailing. a. If the client requests a hearing regarding the change in policy itself, assistance is not continued.b. However, when the request is based on improper determination of benefits in the individual situation, assistance is continued.218 R.I. Code R. 218-RICR-20-00-3.5
Amended effective 9/28/2021
Amended effective 3/11/2023