Section 465-2-002 - APPEAL Each applicant for, or recipient of assistance administered by the Department may request a fair hearing to appeal a Department action, or failure to act with reasonable promptness, with regard to assistance or services. The individual may appeal because:
(A) An application for financial or medical assistance or services is denied;(B) An application for financial or medical assistance or services is not acted upon with reasonable promptness;(C) Assistance is suspended;(D) Assistance or services are reduced;(E) Assistance or services are terminated;(F) A form of payment or services is changed to be more restrictive; or(G) The individual asserts that a Department action was erroneous.002.01AUTOMATIC ADJUSTMENTS. A fair hearing is not required when either state or federal law requires automatic case adjustments for classes of applicants or recipients unless the request for a fair hearing is based on a belief that a benefit level was computed incorrectly under the change in law or that the change in law was misapplied or misinterpreted.002.02GRIEVANCES. The fair hearing provisions of this title do not apply to ordinary grievance procedures such as: grievances relating to alternative and traditional response to allegations of abuse or neglect; grievances for youth in the care of the Office of Juvenile Services; grievances relating to procurement; grievances for foster parents; patient grievances at Department facilities; employment grievances; grievances to local entities under the Community Services Block Grant; and child welfare grievances.002.03APPEAL TIME LIMITS. A request for hearing is allowed on any adverse action by the Department or loss of benefits which occurred in the prior 90 days. Action by the Department includes a denial of a request for restoration of any Supplemental Nutrition Assistance Program (SNAP) benefits lost more than 90 days but less than a year prior to the request. The applicant or recipient must request a fair hearing within 90 days following the date the notice of adverse action is mailed. If an applicant or recipient wishes to appeal due to inaction, the request for fair hearing must be made within 90 days of the date the application was submitted. 002.03(A)TIMELY APPEAL, STAY. If the appellant submits a request for a hearing within ten days following the date the notice is mailed, or such other period set forth in the notice of action, the adverse action will be stayed until a fair hearing decision is rendered to the extent allowed under the applicable program. The appellant may decline receipt of continued assistance pending the appeal decision.002.04REQUESTING A FAIR HEARING. If applicable laws and regulations relating to specific assistance and services do not provide the manner for requesting a fair hearing, the provisions for requesting a fair hearing contained in Chapter 6 of this title will apply.002.05NOTICE TO THE APPELLANT. Notice will be provided to the appellant of the time, date, and place the hearing will be held. Telephonic hearings are deemed held in Lincoln, Nebraska where the hearing officer presides. A party may make a request for reasonable accommodation in advance of the hearing and the Department will provide reasonable accommodation so that the hearing is accessible to the requestor.002.06FEDERAL REQUIREMENTS. To the extent applicable, Medicaid hearings will be conducted in a manner consistent with 42 CFR § 431, Subpart E. To the extent applicable, Supplemental Nutrition Assistance Program (SNAP) hearings will be conducted in a manner consistent with 7 CFR § 273.15 and 7 CFR § 273.16. To the extent applicable, hearings relating to Aid to Families with Dependent Children and federally funded programs for the aged, blind, and disabled will be conducted in a manner consistent with 45 CFR § 205.10.002.07HEARINGS, ADDITIONAL REQUIREMENTS. In addition to the practices and procedures for fair hearings and disqualification hearings set forth in other provisions of this Title, the following shall apply: 002.07(A)PLEADINGS IN A CONTESTED CASE. At the discretion of the hearing officer, pleadings filed by a pro se party or non-attorney representative may be received even if they do not meet the formal requirements set forth in this title. At the discretion of the hearing officer, pleadings may be received electronically.002.07(B)HEARINGS NOT PUBLIC. The hearing is not open to the public, persons who are not parties or witnesses may attend if the appellant or person accused of an intentional program violation so chooses. The hearing official has the authority to limit the number of persons in attendance at the hearing if space is limited or if persons in attendance must be limited to ensure an orderly hearing.002.07(C)RECORDING THE HEARING. Hearings are recorded by either equipment or a stenographer.002.07(D)RECESSING THE HEARING. If the hearing official orders a recess to request, receive, or obtain additional testimony or evidence, the parties and any representatives will be advised of the reason for the recess and the nature of the additional information that is required. The hearing will be reconvened when the witness, document, or other evidence is available so that the parties will have an opportunity to question or refute any testimony or other evidence received. When reconvened, the hearing will be conducted as any other hearing.002.07(E)ADMISSION OF EVIDENCE AFTER HEARING IS CLOSED. At the hearing officer's discretion, evidence may be received by the hearing official after a hearing is closed for good cause shown. Copies of any new evidence will be sent to interested parties together with an explanation of the right to explain or refute new evidence.002.07(F)GROUP HEARINGS. The Department may respond to a series of individual requests for hearings on an issue of policy by holding a single group hearing. In such instances, individuals have the right to withdraw from the group hearing in favor of an individual hearing. The Department may also grant a group hearing on an issue of policy when requested by recipients.002.07(G)SUMMARY DISPOSITION. The Department may on its own motion summarily dismiss an appeal for any of the following reasons: (i) The appeal is not timely filed as shown by Department records; or(ii) The appeal raises no appealable issue as provided by law.465 Neb. Admin. Code, ch. 2, § 002
Amended effective 9/17/2024