DAR File No. 42927
This rule was published in the June 15, 2018, issue (Vol. 2018, No. 12) of the Utah State Bulletin.
Workforce Services, Employment Development
Employment Support Programs
Notice of Proposed Rule
DAR File No.: 42927
Filed: 05/17/2018 09:42:34 AM
Purpose of the rule or reason for the change:
The purpose of these proposed rule changes is to revise the procedures for administrative disqualification hearings (ADHs) in the context of the Supplemental Nutrition Assistance Program (SNAP) in response to federal audit findings, and to clarify existing procedural provisions to bring them better into line with Department of Workforce Services (Department) policy and practice.
Summary of the rule or change:
In accordance with Sections 35A-1-103 and 35A-3-103, the Department administers SNAP in accordance with federal statutes (7 U.S.C. 2011 et seq.) and regulations (including, the most relevant for these proposed rule changes, 7 CFR Part 273). The Department's responsibility for SNAP administration includes determining applicant eligibility, assessing overpayments and disqualifications from SNAP, and providing appeal hearings related to these matters. On, or about, 08/24/2017, the United States Department of Agriculture's Food and Nutrition Service (FNS), which regulates the state agencies that administer SNAP, issued findings stating that the Department's hearing procedures for persons facing potential disqualification from SNAP due to an intentional program violation (IPV) were not in compliance with federal requirements. Specifically, FNS determined that the Department is required to hold a live ADH for each person accused of an IPV prior to imposing a disqualification from SNAP, regardless of whether the person has requested a hearing. These proposed rule changes address the FNS findings by creating separate hearing procedures for ADHs and making clear that, unlike other types of public assistance hearings, a live ADH is held for every IPV, even if the person accused of the IPV does not request it. In connection with reviewing and amending the hearing procedures to address the FNS findings, the Department has undertaken a broader review of the general public assistance hearing rules with an eye toward simplifying hearing procedures for clients, Department personnel, and other affected persons. Accordingly, these proposed rule changes contain various technical changes intended to clarify existing hearing procedures and remove redundancies and unnecessary matters. The Department has specific authority to make rules to implement these changes under Sections 35A-1-104, 35A-1-302, 35A-1-303, 35A-1-306, 35A-3-103, 35A-3-111, 35A-3-302, 35A-3-603, and 35A-3-604.
Statutory or constitutional authorization for this rule:
- Section 35A-1-103
- 7 U.S.C. 2011 et seq.
- 7 CFR Part 273
- Section 35A-3-103
Anticipated cost or savings to:
the state budget:
Because of the need to hold separate ADHs, these proposed rule changes are expected to increase the Department's administrative workload. Accordingly, the Department has hired three new employees, resulting in a total added cost of approximately $107,000 annually. No other aspect of these proposed rule changes is expected to cause costs or savings to the state budget because the remaining changes merely clarify and formalize existing Department practices and procedures.
No costs or savings are anticipated to local governments because SNAP and the other public assistance programs affected by these proposed rule changes are state-level programs that do not rely on local governments for their funding, administration, or enforcement.
No costs or savings are anticipated to small businesses because these proposed rule changes do not make substantive changes to any provisions relevant to types of hearings involving small businesses. The Department has considered whether these proposed rule changes will have a measurable negative fiscal impact on small businesses and has determined that these proposed rule changes will not have a negative fiscal impact.
persons other than small businesses, businesses, or local governmental entities:
No costs or savings to persons other than small businesses, businesses, or local government entities are anticipated from these proposed rule changes because the changes in hearing procedures will not substantively affect the legal standards governing a claimant's eligibility for public assistance, the imposition of overpayments or other sanctions, or any other aspect of an applicant's ability to receive public assistance.
Compliance costs for affected persons:
No compliance costs are expected for any affected persons because these proposed rule changes do not change any compliance or reporting requirements for applicants for public assistance.
Comments by the department head on the fiscal impact the rule may have on businesses:
After a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses.
Jon Pierpont, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Workforce Services
140 E 300 S
SALT LAKE CITY, UT 84111-2333
Direct questions regarding this rule to:
- Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Jon Pierpont, Executive Director
Appendix 1: Regulatory Impact Summary Table*
Total Fiscal Costs:
Total Fiscal Benefits:
Net Fiscal Benefits:
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.
Appendix 2: Regulatory Impact to Non - Small Businesses
After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.
R986. Workforce Services, Employment Development.
R986-100. Employment Support Programs.
(1) The legal authority for these rules
and for the Department of Workforce Services to carry out its
responsibilities is found in Sections 35A-1-104[
(2) If any applicable federal law or regulation conflicts with these rules, the federal law or regulation is controlling.
(1) These rules establish standards for the administration of the following programs, for the collection of overpayments as defined in 35A-3-602(7) and/or disqualifications from any public assistance program provided under a state or federally funded benefit program;
(a) Supplemental Nutrition Assistance Program (SNAP)
(b) Family Employment Program (FEP)
(c) Family Employment Program Two Parent (FEPTP)
(d) Refugee Resettlement Program (RRP)
(e) Working Toward Employment (WTE)
(f) General Assistance (GA)
(g) Child Care Assistance (CC)
(h) Emergency Assistance Program (EA)
(i) Adoption Assistance Program (AA)
(j) Activities funded with TANF monies
(2) The rules in the 100 section (R986-100 et seq.) apply to all programs listed above . Additional rules which apply to each specific program can be found in the section number assigned for that program. Nothing in R986 et seq. is intended to apply to Unemployment Insurance.
(1) A client is responsible for repaying any overpayment for any program listed in R986-100-102 regardless of who was at fault in creating the overpayment.
(2) Underpayments may be used to offset an overpayment for the same program.
(3) If a change is not reported as required by R986-100-113 it may result in an overpayment.
(4) The Department will collect overpayments for all programs listed in R986-100-102 as provided by federal regulation for SNAP unless otherwise noted in this rule or inconsistent with federal regulations specific to those other programs.
(5) This rule
will] apply to overpayments determined under
contract with the Department of Health
(6) If an obligor has more than one overpayment account and does not tell the Department which account to credit, the Department will make that determination.
]Intentional Program Violations[
Any person, including a child care provider, who is at
fault in obtaining or attempting to obtain, an overpayment of
assistance, as defined in Section 35A-3-602 from any of the
programs listed in R986-100-102 or otherwise intentionally breaches
any program rule either personally or through a representative is
guilty of an intentional program violation (IPV)]. Acts which
constitute an IPV include but are not limited to:
knowingly ]making false or misleading
(b) misrepresenting, concealing, or withholding facts or information;
(c) posing as someone else;
knowingly ]taking, using or accepting a public
assistance payment the [ party] knew[ or should have known] they were not eligible to
receive or not reporting the receipt of a public assistance payment
the [ individual] knew[ or should have known] they were not eligible to
(e) not reporting a material change as required by and in accordance with these rules;
(f) committing an act intended to mislead,
misrepresent, conceal or withhold facts or propound a falsity;[
(g) accessing TANF public assistance funds through an electronic benefit transfer, including through an automated teller machine or point-of-sale device, in an establishment in the state that;
(i) exclusively or primarily sells intoxicating liquor,
(ii) allows gambling or gaming, or
(iii) provides adult-oriented
entertainment where performers disrobe or perform unclothed
An IPV occurs when a person commits any of the above acts
in an attempt to obtain, maintain, increase or prevent the decrease
or termination of any public assistance payment(s). (3) When the Department determines or receives notice from
a court that fraud or an IPV has occurred, the client is
disqualified from receiving assistance of the same type for the
time period as set forth in rule, statute or federal
4]) Disqualifications run concurrently.
(5) All income and assets of a person who has been disqualified from assistance for an IPV continue to be counted and affect the eligibility and assistance amount of the household assistance unit in which the person resides.
(6) If an individual has been disqualified in another state, the disqualification period for the IPV in that state will apply in Utah provided the act which resulted in the disqualification would have resulted in a disqualification had it occurred in Utah. If the individual has been disqualified in another state for an act which would have led to disqualification had it occurred in Utah and is found to have committed an IPV in Utah, the prior periods of disqualification in any other state count toward determining the length of disqualification in Utah.
(7) The [
client] will be notified that a
disqualification period has been determined. The disqualification
period shall begin no later than the second month which follows the
date the [ client] receives written notice of the
disqualification and continues in consecutive months until the
disqualification period has expired.
(8) Nothing in these rules is intended to limit or prevent a criminal prosecution for fraud based on the same facts used to determine the IPV.
R986-100-118. Additional [
Penalty for a Client Who Intentionally Misrepresents
A] person who has been convicted in federal or
state court of having made a fraudulent statement or representation
with respect to the place of residence in order to receive
assistance simultaneously from two or more states is disqualified
from receiving assistance for any and all programs listed in
R986-100-102 above, for a period of 10 years. This applies even if
Utah was not one of the states involved in the original fraudulent
R986-100-118a. Improper Access of Public Assistance
(1) A client may not access assistance payments through
an electronic benefit transfer, including through an automated
teller machine or point-of-sale device, in an establishment in
the state that; (a) exclusively or primarily sells intoxicating
liquor, (b) allows gambling or gaming, or (c) provides adult-oriented entertainment where
performers disrobe or perform unclothed. (2) Violation of the provisions of subsection (1) of this
section will result in; (a) a warning letter for the first offense, (b) a one month disqualification for the second offense,
and (c) a three month disqualification for the third and all
R986-100-121. Agency Conferences.
(1) Agency conferences are used to resolve disputes between the client and Department staff .
Clients or Department staff may request an agency
conference at any time to resolve a dispute regarding a denial or
reduction of assistance. (3) ]Clients may have an authorized representative
attend the agency conference.
4]) An agency conference will be attended by the
client's employment counselor and the counselor's
supervisor unless the client or the supervisor request that the
employment counselor not attend the conference.
5]) If an agency conference has previously been
held on the same dispute, the Department may decline to hold the
requested conference if, in the judgment of the employment
counselor's supervisor, it will not result in the resolution of
6]) If the Department requests the agency
conference and the client fails to respond, attend or otherwise
cooperate in this process, documentation in the case file of
attempts by the staff to follow these steps will be considered as
compliance with the requirement to attempt to resolve the
7]) An agency conference may be held after a
client has made a request for hearing in an effort to resolve the
dispute. If so, the client must be notified that failure to
participate or failure to resolve the dispute at the agency
conference will not affect the client's right to proceed with
R986-100-122. Advance Notice of Department Action.
(1) Except as provided in (2) below
clients] will be notified in writing when a
decision concerning eligibility, amount of assistance payment or
action on the part of the Department which affects the [ client's] eligibility or amount of assistance
has been made. Notice will be sent prior to the effective date of
any action to reduce or terminate assistance payments. The
Department will send advance notice of its intent to collect
overpayments or to disqualify [ a household member].
(2) Except for overpayments, advance notice is not required when:
(a) the [
client] requests in writing that the case be
the] client has been admitted to an institution under
governmental administrative supervision;
the] client has been placed in skilled nursing care,
intermediate care, or long-term hospitalization;
(d) the [
client's] whereabouts are unknown and mail
sent to the [ client] has been returned by the post office with
no forwarding address;
(e) it has been determined the [
client] is receiving public assistance in another
(f) a child in [
the] household has been removed from the home by court order or
by voluntary relinquishment;
(g) a special allowance provided for a
specific period is ended and the [
client] was informed in writing at the time the
allowance began that it would terminate at the end of the specified
(h) a household member has been disqualified for an IPV in accordance with 7 CFR 273.16, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member;
(i) the Department has received factual
information confirming the death of [
a client or payee] if there is no other relative able to
serve as a new payee;
(j) the [
client's] certification period has expired;
(k) the action to terminate assistance is based on the expiration of the time limits imposed by the program;
(l) the [
client] has provided information to the
Department, or the Department has information obtained from another
reliable source, that the [ client] is not eligible or that payment should be
reduced or terminated;
(m) the Department determines that the [
client] willfully withheld information or;
(n) when payment of financial assistance is made after performance under R986-200-215 and R986-400-454 no advance notice is needed when performance requirements are not met.
(3) For SNAP recipients and recipients of assistance under R986-300, no action will be taken until ten days after notice was sent unless one of the exceptions in (2)(a) through (k) above apply.
(4) Notice is complete if sent to the [
client's] last known address. If notice is
sent to the [ client's] last known address and the notice is
returned by the post office or electronically with no forwarding
address, the notice will be considered to have been properly
served. If [ a client] elects to receive correspondence
electronically, notice is complete when sent to the [ client's] last known email address [ and/]or posted to the [ client's] Department sponsored web page.
R986-100-123. The Right To a Hearing and How to Request a Hearing.
A client] has the right to a review of an adverse
Department action by requesting a
(2) In cases where the Department sends
notice of its intent to take action to collect an alleged
overpayment but there is no alleged SNAP overpayment, the [
client] must request a hearing in writing or
orally within 30 days of the date of notice of agency action. In
all other cases, the [ client] must request a hearing in writing or
orally within 90 days of the date of the notice of agency action
with which the [ client] disagrees.
(3) Only a clear expression by the [
client] to the
effect that the [ client] wants an opportunity to present his or her
case is required.
(4) The request for a hearing can be made
at the local office or the Division of
(5) If the [
client] disagrees with the level of SNAP benefits
paid or payable, the [ client] can request a hearing within the
certification period, even if that is longer than 90 days.
(6) If a request for restoration of lost
SNAP benefits is made within one year of the loss of benefits [
a client] may request a hearing within 90 days of
the date of the denial of restoration.
In the case of an overpayment and/or IPV the
obligor] may contact the [ presiding officer] and attempt to resolve the dispute. If the
dispute cannot be resolved, the [ obligor] may still request a hearing provided it is
filed within the time limit provided in the notice of agency
R986-100-124. How Hearings Are Conducted.
(1) Hearings are held at the state level and not at the local level.
(2) Where not inconsistent with federal law or regulation governing hearing procedure, the Department will follow the Utah Administrative Procedures Act.
(3) Hearings for all programs listed in R986-100-102 and overpayments and IPVs in Section 35A-3-601 et seq. are declared to be informal.
(4) Hearings are conducted by an ALJ or a Hearing Officer in the Division of Adjudication. A Hearing Officer has all of the same rights, duties, powers and responsibilities as an ALJ under these rules and the terms are interchangeable.
(5) Hearings are scheduled as telephone
hearings. Every party wishing to participate in the telephone
hearing must call the Division of Adjudication [
before the hearing and provide a telephone number where the
party can be reached ]at the time of the hearing. If the [ client] fails to call in[ advance,] as required by the notice of hearing,
the appeal will be dismissed.
(6) If a [
client] requires an in-person hearing, the [ client] must contact an ALJ and request that the hearing be
scheduled as an in-person hearing. The request should be made
sufficiently in advance of the hearing so that all other parties
may be given notice of the change in hearing type and the
opportunity to appear in person also. Requests will only be granted
if the [ client] can show that an in-person hearing is necessary to
accommodate a special need or if the ALJ deems an in-person hearing
is necessary to ensure an orderly and fair hearing which meets due
process requirements. If the ALJ grants the request, all parties
will be informed that the hearing will be conducted in person. Even
if the hearing is scheduled as an in-person hearing, a party may
elect to participate by telephone. In-person hearings are held in
the office of the [ Appeals Unit] unless the ALJ determines that
another location is more appropriate. A [ client can] participate from the local Employment
(7) the Department is not responsible for
any travel costs incurred by [
the client] in attending an in-person hearing.
(8) the Division of Adjudication will permit collect calls from parties and their witnesses participating in telephone hearings.
R986-100-125. When a [
Needs an Interpreter at the Hearing.
(1) If a [
client] notifies the Department that an interpreter
is needed at the time the request for hearing is made, the
Department will arrange for an interpreter at no cost to the [ client].
(2) If an interpreter is needed at the
by a client or the client's witness(es)], the
[ client] may arrange for an interpreter to be present at the
hearing who is an adult with fluent ability to understand and speak
English and the language of the person testifying, or notify the
Division of Adjudication at the time the appeal is filed that
assistance is required in arranging for an interpreter.
R986-100-126. Procedure For Use of an Interpreter.
(1) The ALJ will be assured that the interpreter:
(a) understands the English language; and
(b) understands the language of the [
client] or witness for whom the interpreter will
(2) The ALJ will instruct the interpreter to interpret, word for word, and not summarize, add, change, or delete any of the testimony or questions.
(3) The interpreter will be sworn to truthfully and accurately translate all statements made, all questions asked, and all answers given.
(4) The interpreter will be instructed to
translate to the [
client] the explanation of the hearing procedures as provided
by the ALJ.
R986-100-127. Notice of Hearing.
(1) All interested [
parties ]will be notified by mail at least 10 days
prior to the hearing.
(2) Advance written notice of the hearing
can be waived if the [
client] and Department agree.
(3) The notice shall contain:
(a) the time, date, and place, or
conditions of the hearing. If the hearing is to be by telephone,
the notice will provide the number for the [
client] to call and a notice that the [ client] can call the number collect;
(b) the legal issues or reason for the hearing;
(c) the consequences of not appearing;
(d) the procedures and limitations for requesting rescheduling; and
(e) notification that the [
client] can examine the case file prior to the hearing.
(4) If a [
client] has designated a person or professional organization
as the [ client's] agent, notice of the hearing will be sent to
that agent. It will be considered that the [ client] has been given notice when notice is sent to the
(5) When a new issue arises during the
hearing or under other unusual circumstances, advance written
notice may be waived, if the Department and [
the client] agree, after a full verbal explanation of the
issues and potential results.
The client] must notify any representatives, including
counsel and witnesses, of the time and place of the hearing and
make necessary arrangements for their participation.
(7) The notice of hearing will be translated, either in writing or verbally, for certain clients participating in the RRP program in accordance with RRP regulations.
R986-100-128. Hearing Procedure.
(1) Hearings are not open to the public.
(2) A [
client] may be represented at the hearing. The [ client] may also invite friends or relatives to attend as
(3) Representatives from the Department or other state agencies may be present.
(4) All hearings will be conducted informally and in such manner as to protect the rights of the parties. The hearing may be recorded.
(5) All issues relevant to the appeal will be considered and decided upon.
(6) The decision of the ALJ will be based solely on the testimony and evidence presented at the hearing.
(7) All parties may testify, present evidence or comment on the issues.
(8) All testimony of the parties and witnesses will be given under oath or affirmation.
(9) Any party to an appeal will be given an adequate opportunity to be heard and present any pertinent evidence of probative value and to know and rebut by cross-examination or otherwise any other evidence submitted.
(10) The ALJ will direct the order of testimony and rule on the admissibility of evidence.
(11) Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence including hearsay, may be accepted and will be given its proper weight.
(12) Official records of the Department, including reports submitted in connection with any program administered by the Department or other State agency may be included in the record.
(13) The ALJ may request the presentation of and may take such additional evidence as the ALJ deems necessary.
(14) The parties, with consent of the ALJ, may stipulate to the facts involved. The ALJ may decide the issues on the basis of such facts or may set the matter for hearing and take such further evidence as deemed necessary to determine the issues.
(15) The ALJ may require portions of the evidence be transcribed as necessary for rendering a decision.
(16) Unless [
the client] requests a continuance, the decision of
the ALJ will be issued within 60 days of the date on which the [ client] requests a hearing.
(17) A decision of the ALJ which results in a reversal of the Department decision shall be complied with within 10 days of the issuance of the decision.
R986-100-129. Rescheduling or Continuance of Hearing.
(1) The ALJ may adjourn, reschedule,
continue or reopen a hearing on the ALJ's own motion or on the
motion of [
the client or the Department.]
(2) If a party knows in advance of the hearing that they will be unable to proceed with or participate in the hearing on the date or time scheduled, the party must request that the hearing be rescheduled or continued to another day or time.
(a) The request must be received prior to the hearing.
(b) The request must be made orally or in
writing to the [
ALJ who is scheduled to hear the case]. If the request is not received
prior to the hearing, the party must show cause for failing to make
a timely request.
T]he party making the request must show cause for the
(d) Normally, a party will not be granted more than one request for a continuance.
(3) The rescheduled hearing must be held within 30 days of the original hearing date.
R986-100-130. Default Order [
]for Failure to Participate.
The Department will issue a default order if an obligor in
an IPV or IPV overpayment case] fails to
participate in the administrative process
. Participation [ for an obligor ]means:
(a) signing and returning to the Department an approved stipulation for repayment and making all of the payments as agreed,
(b) requesting and participating in a hearing, or
(c) paying the overpayment in full.
(2) If a hearing has been scheduled at the
request of [
a client or an obligor in a case not involving an
IPV] and the [ client or obligor] fails to appear at or participate in the
hearing, either [ in person] or through a representative, the ALJ will, unless
a continuance or rescheduling has been requested,
the request for a fair hearing.
(3) A default order will be based on the record and best evidence available at the time of the order.
R986-100-131. Setting Aside A Default or [
Dismissal and/or]Reopening the Hearing After the Hearing Has Been
Any party who fails to participate personally or by
authorized representative as defined in R986-100-130]
may request that the default order [ or dismissal ]be set aside and a hearing or a new
hearing be scheduled. If a party failed to participate in a hearing
but no decision has yet been issued, the party may request that the
hearing be reopened.
(2) The request [
must be in writing, must set forth the reason for the
request and must be mailed, faxed or delivered to the ALJ or
presiding officer who issued the default order or dismissal within
ten days of the issuance of the default or dismissal]. If the request is made
after the expiration of the [ ten-day] time limit, the
party [ requesting reopening ]must show good cause for not
making [ the] request[ within ten days].
(3) The ALJ has the discretion to schedule a hearing to
determine if a party requesting that a default order or dismissal
be set aside or a reopening satisfied the requirements of this rule
or may grant or deny the request on the basis of the record in the
case. (4) If a presiding officer issued the default or dismissal,
the officer shall forward the request to the Division of
Adjudication. The request will be assigned to an ALJ who will then
determine if the party requesting that the default or dismissal be
set aside or that the hearing be reopened has satisfied the
requirements of this rule.]
5]) The ALJ may, on his or her own motion,
or reopen a [ case] if it appears necessary to take continuing
jurisdiction based on a mistake as to facts
or if the denial of a hearing
would be an affront to fairness. A presiding officer may, on his or
her own motion,
set aside a default [ or dismissal] on the same grounds.
6]) If a request to set aside the default
or [ dismissal or a request for reopening] is not granted, the ALJ will issue a
decision denying the request[ to reopen]. A copy of the decision will be given
or mailed to each party, with a clear statement of the right of
appeal or judicial review. A [ defaulted ]party may appeal [ a] denial [ of a request to set aside a default or dismissal
]by following the procedure in R986-100-135. The appeal can only
contest the denial of the request to set aside [ the default] and not the underlying merits of the case. If the
[ default or dismissal is set aside] on appeal, the Executive Director or
designee may rule on the merits or remand the case to an ALJ for a
ruling on the merits on an additional hearing if necessary.
R986-100-132. What Constitutes Grounds to Set Aside a
(1) A request to reopen or set aside for failure to participate:
(a) will be granted if the party was prevented from participating and/or appearing at the hearing due to circumstances beyond the party's control;
(b) may be granted upon such terms as are
just for any of the following reasons: mistake, inadvertence,
surprise, excusable neglect or any other reason justifying relief
from the operation of the decision. The determination of what sorts
of neglect will be considered excusable is an equitable one, taking
into account all of the relevant circumstances[
including: (i) the danger that the party not requesting reopening
will be harmed by reopening, (ii) the length of the delay caused by the party's
failure to participate including the length of time to request
reopening, (iii) the reason for the request including whether it was
within the reasonable control of the party requesting
reopening, (iv) whether the party requesting reopening acted in good
faith, and (v) whether the party was represented by another at the
time of the hearing. Because they are required to know and
understand Department rules, attorneys and professional
representatives are held to a higher standard, and (vi) whether based on the evidence of record and the
parties arguments or statements, setting aside the default and
taking additional evidence might effect the outcome of the
(2) Requests to reopen or set aside are remedial in nature and thus must be liberally construed in favor of providing parties with an opportunity to be heard and present their case. Any doubt must be resolved in favor of granting reopening.
R986-100-133. Canceling an Appeal and Hearing.
When a client notifies the Division of Adjudication or the
ALJ that the client wants to cancel the hearing and not proceed
with the appeal, a decision dismissing the appeal will be issued.
This decision will have the effect of upholding the Department
decision. The client will have ten days in which to reinstate the
appeal by filing a written request for reinstatement with the
Division of Adjudication.]
R986-100-134. Payments of Assistance Pending the Hearing.
(1) A client is entitled to receive continued assistance pending a hearing contesting a Department decision to reduce or terminate SNAP or RRP financial assistance if the client's request for a hearing is received no later than 10 days after the date of the notice of the reduction, or termination. The assistance will continue unless the certification period expires until a decision is issued by the ALJ. If the certification period expires while the hearing or decision is pending, assistance will be terminated. If a client becomes ineligible or the assistance amount is reduced for another reason pending a hearing, assistance will be terminated or reduced for the new reason unless a hearing is requested on the new action.
(2) If the client can show good cause for
not requesting the hearing within 10 days of the notice, assistance
may be continued if the client can show good cause
for failing to file in a timely
Good cause in this paragraph means that the delay in filing
was due to circumstances beyond the client's control or for
circumstances which were compelling and reasonable. Because the
Department allows a client to request a hearing by telephone or
mail, good cause does not mean illness, lack of transportation or
(3) A client can request that payment of assistance not be continued pending a hearing but the request must be in writing.
(4) If payments are continued pending a
is responsible for any
overpayment in the event of an adverse decision.
(5) If the decision of the ALJ is adverse
, the client is not eligible for
continued assistance pending any appeal of that decision.
(6) If a decision favorable to [
is rendered after a hearing, and
payments were not made pending the decision, retroactive payment
will be paid back to the date of the adverse action if the client
is otherwise eligible.
(7) Financial assistance payments under FEP, FEPTP, GA or WTE, and CC subsidies will not continue during the hearing process regardless of when the appeal is filed.
(8) Financial assistance under the RRP will not extend for longer than the eight-month time limit for that program under any circumstances.
(9) Assistance is not allowed pending a hearing from a denial of an application for assistance.
R986-100-135. Further Appeal From the Decision of the ALJ or Presiding Officer.
Either party has the option of appealing
the decision of the ALJ or presiding officer to either the
Executive Director or person designated by the Executive Director
or to the District Court. The appeal must be filed, in writing,
within 30 days of the issuance of the decision of the ALJ or
If a request for a fair hearing is not timely filed under
R986-100-123, there are no further appeal rights.]
KEY: employment support procedures
Date of Enactment or Last Substantive Amendment: [
October 1, 2016]
Notice of Continuation: September 2, 2015
Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.