10A NCAC 43D .0904      NOTIFICATION OF THE RIGHT TO A FAIR HEARING

(a)  Every current or potential WIC participant shall be informed by the local WIC agency of his or her right to a fair hearing:

(1)           in writing at the time of application;

(2)           in writing whenever he or she is determined ineligible;

(3)           in writing if disqualified due to abuse of the program;

(4)           in writing at the time of assessment of a claim for repayment of the cash value of improperly issued Program benefits; and

(5)           orally or in writing at least 15 days before the expiration of each certification period.

(b)  The content of the notice of fair hearing shall include:

(1)           a statement of the right to a fair hearing;

(2)           the method by which a fair hearing may be requested, including the time limit; and

(3)           who may represent the individual.

(c)  In order to notify current and potential participants of the fair hearing process, a simplified summary of the steps involved in obtaining a fair hearing shall be posted in a visible place at every WIC site where certifications are performed, food instruments are issued or applications are accepted. This notification shall contain:

(1)           notice of right to a fair hearing;

(2)           a simplified explanation of the definition and purpose of a fair hearing;

(3)           the method by which a fair hearing may be requested, including the time limit; and

(4)           who may represent the individual at the fair hearing and in requesting a fair hearing.

History Note:        Authority G.S. 130A‑361; 150B‑22; 7 C.F.R. 246.9; 42 U.S.C. 1786;

Eff. July 1, 1981;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. July 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.