Section 60-1.2 - Notification to applicants and participants of a right to a conference and fair hearing

60-1.2 Notification to applicants and participants of a right to a conference and fair hearing.

(a) Local agencies shall notify applicants and participants in writing at the time of application and at the time of denial of participation or disqualification from the program of the right to a conference and if there is no resolution of the issue at the conference, a fair hearing and the method by which a conference and fair hearing may be requested. For individuals who are disqualified, the notification shall be served at least 15 days prior to termination of participation.

(b) The written notification of the denial of participation or disqualification from the WIC program shall be on a form supplied or approved by the department and shall include:

(1) a description of the adverse action and the reason(s) for it;

(2) a statement indicating that the request for a conference and if there is no resolution of the issues at the conference, a fair hearing may be made verbally or in writing to the department for a fair hearing and to the local agency for a conference and may be made by the participant or applicant or other representative of same;

(3) a listing of the office locations and phone numbers where requests for a conference and fair hearing may be made;

(4) notification that the participant must request a conference within seven days and a fair hearing within 60 days from the date the notice of adverse decision is served. Failure to make a timely request for a conference shall result in a waiver of the right to a conference. Failure to make a timely request for a fair hearing shall result in a waiver of the right to a fair hearing;

(5) an explanation of the rules and regulations governing participation in the WIC program and a citation of those rules and regulations;

(6) an explanation of the purposes and procedures of fair hearings and conferences;

(7) a statement that the participant or representative may present positions or arguments at the conference and fair hearing and that a representative may be a relative, friend, legal counsel or other spokesperson; and

(8) for participants whose benefits are being terminated during the certification period, a statement that if an appeal is made within 15 days of the notification of the termination, the benefits shall continue until the fair hearing decision is made or the certification periods ends, whichever occurs first.

(c) Notification described in subdivision (a) of this section shall not be required at the end of a certification period.
 

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