Each applicant for, or client of any program(s) administered by the Nebraska Department of Social Services has the following rights:
Anyone who wishes to request or apply for any Nebraska Department of Social Services program must be given the opportunity to do so without delay.
Every applicant for or recipient of assistance or services provided through the Nebraska Department of Social Services has the right to appeal any action, inaction, or failure to act with reasonable promptness with regard to the assistance or services. The individual may appeal because -
Exception: The client is not entitled to a fair hearing when either state or federal law requires automatic case adjustments for classes of clients unless the reason for an individual appeal is incorrect eligibility determination.
If the client submits a request for a hearing within ten days following the date the notice is mailed, the staff shall not take the adverse action until a fair hearing decision is rendered.
If the client submits a request for a hearing within ten days following the date the notice is mailed, the client must be allowed an opportunity to decline receipt of continued assistance pending the appeal decision.
The hearing must be scheduled not less than one week nor more than six weeks from the date of the request, unless the time is waived by the petitioner. (See 468 NAC 6-012.01 Emergency Assistance appeals.) The letter must include a detailed explanation of the petitioner's rights and duties at the hearing (see 465 NAC 6-000).
465 Neb. Admin. Code, ch. 2, § 001