S.C. Code Regs. § § 114-180

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-180 - Eligibility Hearings

A. This section applies to any claims under the Family Independence and Food Stamp Programs, Administrative Disqualification Hearings and Electronic Benefit Transfers.

B. These hearings shall be conducted by use of the telephone, with the client and the caseworker situated in the client's county of residence and the hearing officer situated in the State Office, unless:

(1) The client requests a face-to-face hearing;

(2) The hearing officer determines that a face-to-face hearing is necessary.

C. Family Independence and Food Stamps

(1) Procedure

(a) Requests for hearing must be filed with the caseworker or the OAH within sixty (60) days of notice of the adverse action for Family Independence and within ninety (90) days of notice of the adverse action for Food Stamps.

(b) The three-member hearing committee shall be composed of a hearing officer and two members, designated by the State Director of the Department of Social Services, who have appropriate program knowledge.

(c) Decisions are based upon a majority vote. All reasonable efforts will be made to reach a decision acceptable to all panel members in accordance with Federal and State laws and regulations.

(d) A client is not entitled to a hearing of a reduction in benefits if said reduction results from federal or state law that affects the amount of benefits all recipients receive.

(2) Continuation of Benefits Pending Appeal

(a) Family Independence - a claimant/petitioner may request continued benefits if he or she requests a hearing within ten (10) days of receipt of notice of the adverse action.

(b) Food Stamps

(i) Food stamps shall be continued if:

(a) the claimant requests the hearing within the advance notice period;

(b) the case would be open if the adverse action had not been initiated.

(ii) Cases that closed because the certification ended are not eligible for continued benefits.

(iii) A claimant can elect to refuse continued benefits.

(c) Continued benefits under the Food Stamp and Family Independence programs are subject to recoupment without additional appeal rights, if the decision becomes final and is not in the claimant's favor.

(3) A final decision on food stamp eligibility appeals shall be rendered and mailed to the parties within sixty (60) days of the date the appeal was filed.

D. Administrative Disqualification Hearings (ADH) and Electronic Benefits Transfer (EBT) Hearings

(1) Purpose

The purpose of these hearings is to determine whether the client willfully intended to deceive the department and to impose a disqualification if such intent is found.

(2) Procedure

(a) A hearing can be requested by either the client or a claims worker or other authorized departmental representative when the client refuses to discuss the issue or declines to sign an Administrative Consent Agreement ("ACA"), wherein the client accepts the Department's determination of disqualification and agrees to reimburse the over issuance of benefits, if any.

(b) The request shall conform to the requirements set forth in Section 114-130(B).

(c) The hearing may take place in the client's absence.

(d) The hearing officer shall be the sole decision maker.

S.C. Code Regs. § 114-180

Added by State Register Volume 24, Issue No. 7, eff July 28, 2000.