10A NCAC 67A .0206       GOOD CAUSE FOR NOT REQUESTING HEARING AND REQUIRED TIME FRAMES

(a)  Except in the food stamp program, an appellant shall request a local hearing within 60 days from the date of action unless he shows good cause.  If the appellant shows good cause, the local hearing request must be made no later than the 90th day from the date of action.

(b)  Except in the food stamp program, an appellant shall request a state hearing within 15 days from the date the local hearing decision is mailed unless he shows good cause.  If the appellant shows good cause, the state hearing request must be made no later than the 90th day from the date of action.

(c)  Good cause for not requesting a local hearing within 60 days from the date of action and for not requesting a state hearing within 15 days from the date the local decision is mailed is defined as:

(1)           Failure of the appellant to receive the notification of action to be taken on the notification of the local hearing decision;

(2)           Extended hospitalization of the appellant or spouse, child or parent of the appellant;

(3)           Failure of a representative, acting on the appellant's behalf, to meet the time frames;

(4)           Illness which results in the appellant being incompetent or unconscious and no representative has been appointed;

(5)           Illness which results in the incapacity of the appellant;

(6)           Death of the appellant or his representative;

(7)           Delay caused by the county such as failing to assist the applicant/recipient in filing an appeal, inadequately or incorrectly providing information on appeal rights or discouraging a request for appeal.

(d)  The appellant shall provide evidence to substantiate good cause. Evidence may include but is not limited to:

(1)           Doctor's statement;

(2)           Hospital bill;

(3)           Written statement from the appellant's representative;

(4)           Written statement of the appellant or other individual knowledgeable about the situation.

 

History Note:        Filed as a Temporary Adoption Eff. January 1, 1988 For a Period of 180 Days to Expire on

June 28, 1988;

Authority G.S. 108A‑79; 143B‑153; c. 599, 1987 Session Laws; 7 C.F.R. 273.15(g);

45 C.F.R. 205.10(a)(5)(iii); 42 C.F.R. 431.221(d);

Eff. May 1, 1988;

Amended Eff. March 1, 1990.