Human Services

Public Assistance Act

SECTION 40-6-13

§ 40-6-13. Appeals – Hearings.

(a) Any applicant or recipient aggrieved because of a decision by the department or delay in making a decision shall be entitled to an appeal and shall be afforded reasonable notice and opportunity for a hearing. Hearings with respect to public assistance shall be conducted by the department.

(b) With respect to general public assistance benefits, advance notice of the department's intended action to deny, terminate, reduce or suspend benefits shall be in writing and mailed to an applicant or recipient at his or her last known or designated address at least ten (10) day(s) prior to the effective date of its intended action; the recipient shall be afforded an administrative hearing to contest the department's intended action; provided, that the applicant or recipient makes a written request for a hearing and provided that such written request is received by the department within ten (10) days of the mailing date of the department's notice to the applicant or recipient; and provided further, that the department shall continue payment of general public assistance benefits, pending a hearing, to a recipient who includes a written request for continuation of benefits in or with the recipient's timely filed written request for a hearing in accordance with this subsection.

History of Section.
(P.L. 1987, ch. 118, art. 13, § 2; P.L. 1993, ch. 138, art. 25, § 1.)