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94. What the food stamp office must do when the household asks for a fair hearing

In most cases where a recipient household asks for a hearing, the food stamp office must make sure that the household keeps getting the same amount of food stamps while waiting for a decision on the hearing. (See the section of this guide about continuing benefits while waiting for fair hearing for more details).

If an applicant household asks for a hearing because the food stamp office did not give it “expedited service,” i.e. emergency food stamps), a supervisor from the food stamp office must offer to meet with the applicant within two days of when s/he asked for a hearing. [7 C.F.R. § 273.15(d)(2); MPP § 63-804.4.]  This is called an “agency conference” and is optional. The food stamp household can have both an agency conference and also have a hearing later if it still does not agree with what the food stamp office did. [7 C.F.R. § 273.15(d)(1); MPP § 63-804.4.]

California has a “state” fair hearing system. [7 C.F.R. § 273.15(b); Welf. & Inst. Code § 10950; MPP § 63-804.4.]  Fair hearings are held by the State Hearings Division (SHD) of the California Department of Social Services (CDSS), the state agency that administers the California food stamp program. [Welf. & Inst. Code § 10950; MPP §§ 22-001.1; 22-004.22.]  The hearing official, or administrative law judge (ALJ), is an impartial party who works for the state agency, not your local food stamp office. [7 C.F.R. § 273.15(m)(1); MPP § 22-001(a)(2)(handbook).]

The household is entitled to get notice of the time, date and place of the hearing at least 10 days prior to the hearing. [7 C.F.R. § 273.15(l); MPP §§ 22-045.2 and .3.]  The household will also be notified of any legal services available that can provide representation at the hearing. [7 C.F.R. § 273.15(i)(1) MPP § 22-073.232(c).]  The applicant or recipient may also review its case file prior to the hearing. [7 C.F.R. § 273.15(l)(4); MPP § 22-051.]

After requesting a hearing, the case will be assigned to a county representative who will develop the case and will present the county’s side of the story to the administrative law judge at the hearing. [7 C.F.R. § 273.15(m); Welf. & Inst. Code § 10954; MPP §§ 22-073.13; 22-073.3.]  The county representative will review the case file and will speak with the eligibility worker and other county personnel. [MPP §§ 22-073.22.]  If the county representative finds that the county action was wrong, the representative can resolve the case with you without the need for a hearing. [MPP § 22-073.231.]  If the county representative concludes that the county action was correct, the county representative must prepare a position statement, explaining the county’s position on the issues. [Welf. & Inst. Code &sect 10952.5; MPP §§ 22-073.23 and .25.]  A copy of the position statement must be made available to the food stamp household two business days before the hearing. [Welf. & Inst. Code § 10952.5; MPP § 22-073.253.]  If this is not done, the household can postpone the hearing to a later date. [Welf. & Inst. Code § 10952.5; MPP § 22-073.253.]

You must get a hearing and a written decision no later than 60 days after you first ask for the hearing. [7 C.F.R. § 273.15(c)(1); Welf. & Inst. Code § 10954; MPP § 63-804.7.

When state food stamp agencies have taken longer than 60 days to decide most cases, some recipients have filed lawsuits to make the state move faster. See, e.g., Withrow v. Concannon, 942 F.2d 1385 (9th Cir. 1991) (holding that AFDC, Food Stamp and Medicaid Program "regulations require compliance, not substantial compliance" and the fact that a state previously guilty of repeated instances of noncompliance has brought itself into substantial compliance is not sufficient reason for denying declaratory or injunctive relief); King v. Woods, 192 Cal. Rptr. 724 (Ct. App. 1983) (adding fines for delay paid to recipients).]

The state should hold and decide on hearings for migrant farm workers and other households that plan to leave the area before they go. [7 C.F.R. § 273.15(i)(2); MPP § 22-045.21.]