10A NCAC 21D .0503       DETERMINATION OF UNDUE HARDSHIP

(a)  The estate recovery administrator shall evaluate each claim of hardship within 60 calendar days of the request to make a determination to waive recovery of the claim in part or in full.  In making this determination, the administrator may request documentation to support the survivor's claim of hardship including prior year's income tax returns, bank statements, wage and earnings files, real and personal property records, utility records, tax records, medical bills, or other documents offered by the survivor to support his claim.

(b)  If documentation necessary to evaluate the claim of hardship is not provided or the survivor requests additional time to obtain the documentation, the administrator may extend the review for an additional 30 days.

(c)  The claim of hardship shall be denied if the necessary documentation is not provided within the time frames stated in Paragraphs (a) and (b) of this Rule.

(d)  The administrator shall notify in writing the survivor claiming hardship, the administrator and the clerk of court of his decision within 10 calendar days after completing the review of the request and documentation supporting the claim of hardship.  The notice shall explain the right to appeal to the Office of Administrative Hearings (OAH) and the time limit and procedure for doing so.

(e)  If the survivor disagrees with the decision, he may appeal to the Office of Administrative Hearings (OAH) within 60 calendar days of receipt of the decision.  If no appeal to OAH is filed, the decision shall be final.

 

History Note:        Authority G.S. 108A-70.5; 42 U.S.C. 1396p.;

Temporary Adoption Eff. May 6, 1996 to expire on July 1, 1996, or the last day of the 1996 session of the General Assembly, whichever is later;

Temporary Rule Expired on July 1, 1996;

Eff. July 1, 1996.