1142.050.00  CLAIMS HEARINGS

IM-#6 January 15, 2015, IM-#142 December 2, 2005

When a claim is established a demand letter is sent to the EU notifying them of their right to a fair hearing. Any responsible member may request a fair hearing regarding the claim.

To track the hearing go to the "CARS" Change Claim Information (OVCC) screen. For timely hearing requests made within 90 days from the date the claim was established, enter Y and the date the hearing was requested in the FAIR HEARING REQ field. There is no recoupment of food stamp benefits pending the hearing decision. The hearing request must be entered to prevent recoupment.

A hearing may be requested on the establishment of the claim, or collection activity such as recoupment. The same day a hearing is requested by a responsible member of the claim, print the demand letter using instructions found in the Cars User Guide PRINTING A CARS-3 DEMAND LETTER.  For CARS-3 Demand Letters dated prior to October 7, 2008 continue to request a copy from the Food Stamp Program and Policy Unit. Email ColeFSPOLICY@dss.mo.gov. Demand letters are not re-produced for claims established prior to August 6, 2001. If the claimant is requesting a hearing because collection has begun on a claim that was established prior to August 6, 2001, print the OVLI - DEMAND LETTER INQUIRY screen to submit as evidence that a demand letter was sent.

The hearing decision is entered into CARS on the CHANGE CLAIM INFORMATION (OVCC) screen. Make the following entries in the DECISION field:

The hearing decision is sent to the claimant and the agency. If the agency is upheld and an overpayment exists, an after-hearings notice of the claim is included in the hearing decision. The EU is given an opportunity to complete the repayment agreement.

Thirty days after the hearing decision, recoupment of food stamp benefits may begin if another repayment method is not chosen and the individual receives food stamp benefits.

For instructions see CARS User guide ENTERING AND TRACKING FAIR HEARING REQUESTS IN CARS.