SNAP Appeals Lawyer Manual

Notice of adverse action. Adverse actions are those having a negative effect on a unit’s ability to participate in the SNAP program, other than intentional program violations, which require the agency to take the special actions described above.

Adverse actions are appealable as are inactions where the Department was required to take an action.

Before taking any adverse action, DHS must send the unit adequate notice of adverse action, 10 days before any action is taken to terminate or reduce benefits.

To be adequate, the notice must contain:

• Proposed action;

• Reason for proposed action, including a policy citation on which the action is based;

• SNAP unit’s right to request a fair hearing;

• Description of how to file an appeal;

• Telephone number to call for more information;

• A description of the right to continued benefits while the appeal is pending, if requested within the date of change on the notice;

• Liability of unit for any over issuance received while waiting for hearing decision if final decision is adverse to client; and

• Name of individuals or organization providing free legal assistance.

Appeal deadline and hearing rights

SNAP units have 90 days from the date of the notice to request a hearing. A hearing should be scheduled and a decision issued within 60 days of the date of the request.

If the SNAP unit requests a hearing within the date of change on the notice, SNAP benefits must be continued until the hearing decision has been made, unless the household waives its right to continued benefits or the household’s certification period expires and the household has failed to recertify.

Where submission of a required report is at issue, the unit’s receipt of continuing benefits is contingent upon the completion of the report by the end of the month in which the appeal is filed.

A postponement of a hearing can be requested for any reason within 2 business days before the hearing. This request should be made in writing. A continuance request at the hearing must be granted if it is the first request.

During an appeal, the SNAP unit has the right:

• To be represented by a lawyer, friend, or anyone else;

• To see the unit’s file and get free copies of any documents needed to prepare for the hearing. The unit has a right to get these materials far enough in advance to prepare adequately for the hearing;

• To bring witnesses;

• To confront and cross-examine adverse witnesses (these are administrative hearings so legal rules of evidence are generally inapplicable here);

• To present arguments and documents that support the unit’s position; and

• To reply to arguments made by DHS

Pre-hearing meeting and hearing

It is the policy of the Department to schedule pre-hearing meetings before any hearing in an effort to resolve the issue under dispute.  In practice, these meeting often take place immediately preceding the hearing.  

At the hearing itself, a representative from the Department's Family Community Resource Center handling the case will appear both as a witness for the Department and to argue on the Department's behalf.

Hearing decision

The unit has the right to a written decision that must include:

• Reasons for the decision

• Any further appeal rights

• The effect of the decision on the unit’s benefits

Review of hearing decision

Decisions are reviewable in the Circuit Court by writ of certiorari. It is usually advisable to file within 35 days of the date of the decision as required by the Administrative Procedure Act. However, case law allows writs to be filed within 180 days after the date of the decision.