46-205. Appeal to state department from denial
of application or failure of the local office to act; consideration
by state department on own motion
A. If the local office of the department does not act with reasonable promptness on
an application, or if the application is denied wholly or in part by the local office of
the department, the applicant or recipient may appeal to the state department in the
manner and form prescribed by the state department. The state department shall, upon
receipt of the appeal, give the applicant or recipient an opportunity for a hearing.
B. The state department may also, upon its own motion, receive and consider any
application upon which a recommendation has not been made by the local office of the
department within a reasonable time. The state department may make additional
investigation as it deems necessary, and shall make a decision as to granting assistance
or service and the amount of assistance or service to be granted the applicant which in
its opinion is justified and in conformity with the provisions of this title. If the
application is denied wholly or in part by the state department, or if any award or
assistance or service is modified or cancelled by the state department, the applicant or
recipient may appeal to the state department. The state department shall, upon receipt of
the appeal, give the applicant or recipient an opportunity for a hearing.
C. All decisions of the state department shall be subject to review pursuant to
title 41, chapter 14, article 3.
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