10-144 C.M.R. ch. 609, § 11 - CONCILIATION AND ADMINISTRATIVE HEARINGS

I. CONCILIATION

Conciliation meetings are informal meetings which are designed to resolve program related disputes between SNAP E&T Providers and the participant, without going to administrative hearing.

The following conditions apply to conciliation:

A. The SNAP E&T Provider shall attempt to establish conciliation prior to issuing a notice of non-compliance in instances where it is reasonable to believe that issues may be resolved. A SNAP E&T request for conciliation is made in writing within the ten calendar days of the date of an adverse action or an action, which is known to be in dispute. The participant may also initiate conciliation in instances where an action by the SNAP E&T Provider is disputed, although non-compliance may or may not be at issue. The participant must make the request orally or in writing within ten calendar days of the date the disputed action was received or acknowledged by the participant. If the participant's request is timely, the disputed action will not take effect pending completion of conciliation. Non-disputed actions must still take effect.

B. The conciliation process must not exceed 30 calendar days from the first meeting. If agreement has not been reached at the end of this period, the disputed decision remains in force unless overturned by administrative hearing.

C. The participant or the SNAP E&T Provider may terminate conciliation at any time the parties believe it is unproductive. If any party terminates conciliation, the action remains in force unless overturned by administrative hearing.

D. The participant may request an administrative hearing in addition to or instead of conciliation, providing the request is in accordance with time limits set forth for administrative hearings. If a timely request for conciliation is made, an administrative hearing request may be made within 90 days of the conciliation decision.

E. Any changes resulting from conciliation will be placed on the IEP. If there is no change, original actions remain in force unless overturned by administrative hearing.

F. The participant may have the same representation and access to records as allowed for administrative hearings.

II. ADMINISTRATIVE HEARINGS

A. RIGHT TO A HEARING

The participant has the right to request an administrative hearing, in accordance with 7 C.F.R § 273.15, to appeal a denial, reduction, or termination of benefits due to a determination of nonexempt status, or a Department determination of failure to comply with SNAP work requirements. Participants may appeal Department actions such as exemption status, the type of requirement imposed, or Department refusal to make a finding of Good Cause if the Participant believes that a finding of failure to comply has resulted from improper decisions on these matters.

Any request for an administrative hearing must be made within ninety days of the date of the action or Department determination. The Department may waive time limits. Requests for hearings may be made orally or through emails. Hearing decisions are binding and when appropriate, will be made part of the IEP.

A participant may not be granted an administrative hearing if a reduction in services or benefits is a result of an overall reduction in program funding which affects all participants, unless the participant can demonstrate that there has been inequitable treatment in comparison to other similarly situated participants.

B. RULES GOVERNING HEARINGS

Administrative hearings are conducted by the Department's Division of Administrative Hearings in accordance with the Administrative Hearings Manual, and in accordance with the Supplemental Nutrition Assistance Program (SNAP) Rules, 10-144 C.M.R. Ch. 301, Section 777-1.

Notes

10-144 C.M.R. ch. 609, § 11