Rhode Island General Laws 40-5.2-25. Hearings
Any applicant, recipient, or participant aggrieved because of a decision by the department, including but not limited to, a decision regarding eligibility for benefits, the amount of benefits, terms of an employment plan, or a delay in making a decision with respect to an application for assistance shall be entitled to an appeal. The department shall provide an applicant, recipient, or participant with written notice of a decision to deny benefits under this chapter and shall provide recipients written notice at least ten (10) days in advance of a decision to terminate or reduce benefits to the family/assistance unit. Notices shall be easy to understand and shall explain the reason for the department’s decision and cite the relevant section of the department’s regulations. The family may appeal the decision by filing a written request with the department within thirty (30) days of the date the notice was mailed. If the recipient files the request within ten (10) days of the date the notice was mailed, the recipient may receive benefits without reduction pending the outcome of the appeal.
History of Section.
P.L. 2008, ch. 100, art. 16, § 1.
Terms Used In Rhode Island General Laws 40-5.2-25
- 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.
- Applicant: means a person who has filed a written application for assistance for herself or himself and her or his dependent child(ren). See Rhode Island General Laws 40-5.2-8
- Assistance: means cash and any other benefits provided pursuant to this chapter. See Rhode Island General Laws 40-5.2-8
- Benefits: shall mean assistance received pursuant to this chapter. See Rhode Island General Laws 40-5.2-8
- Department: means the department of human services. See Rhode Island General Laws 40-5.2-8
- Family: means : (i) A pregnant person from onset of pregnancy; or (ii) A child and the following eligible persons living in the same household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The child's minor siblings (whether of the whole or half blood); provided, however, that the term "family" shall not include any person receiving benefits under Title XVI of the Social Security Act, Rhode Island General Laws 40-5.2-8
- Participant: means a person who has been found eligible for assistance in accordance with this chapter and who must comply with all requirements of this chapter, and has entered into an individual employment plan. See Rhode Island General Laws 40-5.2-8
- Recipient: means a person who has been found eligible and receives cash assistance in accordance with this chapter. See Rhode Island General Laws 40-5.2-8