Right to Appeal
When the household disagrees with the overpayment decision, they may request a fair hearing within 90 calendar day of the date on the Notification of Food Benefit Overpayment (Form 08OP118E*).
Upon notification from the DHS Legal Services Appeals Unit or local county staff that the household requested a timely fair hearing**, AFS BIR staff stops all collection efforts (including allotment reduction) pending the hearing decision.
Note – An item mailed by DHS is presumed to be received on the second day mail is delivered, following the date on the notice.
*Form is internal only and is available on the Infonet
**More on fair hearing procedures coming soon!