Caregivers receiving a notice of intent to sanction or a notice of adverse action that includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or termination of benefits may request a fair hearing. A request for a fair hearing must be submitted in writing to the county agency or to the commissioner and must be mailed within 30 days after a participant or former participant receives written notice of the agency’s action or within 90 days when a participant or former participant shows good cause for not submitting the request within 30 days. A former participant who receives a notice of adverse action due to an overpayment may appeal the adverse action according to the requirements in this section. Issues that may be appealed are:

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Terms Used In Minnesota Statutes 256J.40

  • Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 256J.08
  • Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
  • County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
  • Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
  • Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
  • Participant: includes any of the following:

    (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

    (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

    (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

    (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and

    (5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08

  • Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
  • Recovery: means actions taken by a county agency to reclaim the value of overpayments through voluntary repayment, recoupment from the assistance payment, court action, revenue recapture, or federal tax refund offset program (FTROP). See Minnesota Statutes 256J.08
  • Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 256J.08
  • Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08

(1) the amount of the assistance payment;

(2) a suspension, reduction, denial, or termination of assistance;

(3) the basis for an overpayment, the calculated amount of an overpayment, and the level of recoupment;

(4) the eligibility for an assistance payment; and

(5) the use of protective or vendor payments under section 256J.39, subdivision 2, clauses (1) to (3).

A county agency must not reduce, suspend, or terminate payment when an aggrieved participant requests a fair hearing prior to the effective date of the adverse action or within ten days of the mailing of the notice of adverse action, whichever is later, unless the participant requests in writing not to receive continued assistance pending a hearing decision. Assistance issued pending a fair hearing is subject to recovery under section 256P.08 when as a result of the fair hearing decision the participant is determined ineligible for assistance or the amount of the assistance received. A county agency may increase or reduce an assistance payment while an appeal is pending when the circumstances of the participant change and are not related to the issue on appeal. The commissioner’s order is binding on a county agency. No additional notice is required to enforce the commissioner’s order.

A county agency shall reimburse appellants for reasonable and necessary expenses of attendance at the hearing, such as child care and transportation costs and for the transportation expenses of the appellant’s witnesses and representatives to and from the hearing. Reasonable and necessary expenses do not include legal fees. Fair hearings must be conducted at a reasonable time and date by an impartial human services judge employed by the department. The hearing may be conducted by telephone or at a site that is readily accessible to persons with disabilities.

The appellant may introduce new or additional evidence relevant to the issues on appeal. Recommendations of the human services judge and decisions of the commissioner must be based on evidence in the hearing record and are not limited to a review of the county agency action.