Appeal to director of the division of family services,when--procedure.
208.080. 1. Any applicant for or recipient of benefits orservices provided by law by the division of family services mayappeal to the director of the division of family services from adecision of a county office of the division of family services inany of the following cases:
(1) If his right to make application for any such benefitsor services is denied; or
(2) If his application is disallowed in whole or in part, oris not acted upon within a reasonable time after it is filed; or
(3) If it is proposed to cancel or modify benefits orservices; or
(4) If he is adversely affected by any determination of acounty office of the division of family services in itsadministration of the programs administered by it; or
(5) If a determination is made pursuant to subsection 2 ofsection 208.180 that payment of benefits on behalf of a dependentchild shall not be made to the relative with whom he lives.
2. If the division proposes to terminate or modify thepayment of benefits or the providing of services to the recipientor the division has terminated or modified the payment ofbenefits or providing of services to the recipient and therecipient appeals, the decision of the director as to theeligibility of the recipient at the time such action was proposedor taken shall be based on the facts shown by the evidencepresented at the hearing of the appeal to have existed at thetime such action to terminate or modify was proposed or wastaken.
3. In the case of a proposed action by the county office ofthe division of family services to reduce, modify, or discontinuebenefits or services to a recipient, the recipient of suchbenefits or services shall have ten days from the date of themailing of notice of the proposed action to reduce, modify, ordiscontinue benefits or services within which to request anappeal to the director of the division of family services. Inthe notice to the recipient of such proposed action, the countyoffice of the division of family services shall notify therecipient of all his rights of appeal under this section. Properblank forms for appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedrecipient. Every such appeal to the director of the division offamily services shall be transmitted by the county office to thedirector of the division of family services immediately upon thesame being filed with the county office. If an appeal isrequested, benefits or services shall continue undiminished orunchanged until such appeal is heard and a decision has beenrendered thereon, except that in an aid to families withdependent children case the recipient may request that benefitsor services not be continued undiminished or unchanged during theappeal.
4. When a case has been closed or modified and no appeal wasrequested prior to closing or modification, the recipient shallhave ninety days from the date of closing or modification torequest an appeal to the director of the division of familyservices. Each recipient who has not requested an appeal priorto the closing or modification of his case shall be notified atthe time of such closing or modification of his right to requestan appeal during this ninety-day period. Proper blank forms forrequesting an appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedapplicant. Every such request made in any manner for an appealto the director of the division of family services shall betransmitted by the county office to the director of the divisionof family services immediately upon the same being filed with thecounty office. If an appeal is requested in the ninety-dayperiod subsequent to the closing or modification, benefits orservices shall not be continued at their prior level during thependency of the appeal.
5. In the case of a rejection of an application for benefitsor services, the aggrieved applicant shall have ninety days fromthe date of the notice of the action in which to request anappeal to the director of the division of family services. Inthe rejection notice the applicant for benefits or services shallbe notified of all of his rights of appeal under this section.Proper blank forms for requesting an appeal to the director ofthe division of family services shall be furnished by the countyoffice to any aggrieved applicant. Any such request made in anymanner for an appeal shall be transmitted by the county office tothe director of the division of family services, immediately uponthe same being filed with the county office.
6. If the division has rejected an application for benefitsor services and the applicant appeals, the decision of thedirector as to the eligibility of the applicant at the time suchrejection was made shall be based upon the facts shown by theevidence presented at the hearing of the appeal to have existedat the time the rejection was made.
7. The director of the division of family services shallgive the applicant for benefits or services or the recipient ofbenefits or services reasonable notice of, and an opportunityfor, a fair hearing in the county of his residence at the timethe adverse action was taken. The hearing shall be conducted bythe director of the division of family services or his designee.Every applicant or recipient, on appeal to the director of thedivision of family services, shall be entitled to be present atthe hearing, in person and by attorney or representative, andshall be entitled to introduce into the record of such hearingany and all evidence, by witnesses or otherwise, pertinent tosuch applicant's or recipient's eligibility between the time heapplied for benefits or services and the time the application wasdenied or the benefits or services were terminated or modified,and all such evidence shall be taken down, preserved, and shallbecome a part of the applicant's or recipient's appeal record.Upon the record so made, the director of the division of familyservices shall determine all questions presented by the appeal,and shall make such decision as to the granting of benefits orservices as in his opinion is justified and is in conformity withthe provisions of the law. The director shall clearly state thereasons for his decision and shall include a statement offindings of fact and conclusions of law pertinent to thequestions in issue.
8. All appeal requests may initially be made orally or inany written form, but all such requests shall be transcribed onforms furnished by the division of family services and signed bythe aggrieved applicant or recipient or his representative priorto the commencement of the hearing.
Appeal to director of the division of family services,when--procedure.
208.080. 1. Any applicant for or recipient of benefits orservices provided by law by the division of family services mayappeal to the director of the division of family services from adecision of a county office of the division of family services inany of the following cases:
(1) If his right to make application for any such benefitsor services is denied; or
(2) If his application is disallowed in whole or in part, oris not acted upon within a reasonable time after it is filed; or
(3) If it is proposed to cancel or modify benefits orservices; or
(4) If he is adversely affected by any determination of acounty office of the division of family services in itsadministration of the programs administered by it; or
(5) If a determination is made pursuant to subsection 2 ofsection 208.180 that payment of benefits on behalf of a dependentchild shall not be made to the relative with whom he lives.
2. If the division proposes to terminate or modify thepayment of benefits or the providing of services to the recipientor the division has terminated or modified the payment ofbenefits or providing of services to the recipient and therecipient appeals, the decision of the director as to theeligibility of the recipient at the time such action was proposedor taken shall be based on the facts shown by the evidencepresented at the hearing of the appeal to have existed at thetime such action to terminate or modify was proposed or wastaken.
3. In the case of a proposed action by the county office ofthe division of family services to reduce, modify, or discontinuebenefits or services to a recipient, the recipient of suchbenefits or services shall have ten days from the date of themailing of notice of the proposed action to reduce, modify, ordiscontinue benefits or services within which to request anappeal to the director of the division of family services. Inthe notice to the recipient of such proposed action, the countyoffice of the division of family services shall notify therecipient of all his rights of appeal under this section. Properblank forms for appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedrecipient. Every such appeal to the director of the division offamily services shall be transmitted by the county office to thedirector of the division of family services immediately upon thesame being filed with the county office. If an appeal isrequested, benefits or services shall continue undiminished orunchanged until such appeal is heard and a decision has beenrendered thereon, except that in an aid to families withdependent children case the recipient may request that benefitsor services not be continued undiminished or unchanged during theappeal.
4. When a case has been closed or modified and no appeal wasrequested prior to closing or modification, the recipient shallhave ninety days from the date of closing or modification torequest an appeal to the director of the division of familyservices. Each recipient who has not requested an appeal priorto the closing or modification of his case shall be notified atthe time of such closing or modification of his right to requestan appeal during this ninety-day period. Proper blank forms forrequesting an appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedapplicant. Every such request made in any manner for an appealto the director of the division of family services shall betransmitted by the county office to the director of the divisionof family services immediately upon the same being filed with thecounty office. If an appeal is requested in the ninety-dayperiod subsequent to the closing or modification, benefits orservices shall not be continued at their prior level during thependency of the appeal.
5. In the case of a rejection of an application for benefitsor services, the aggrieved applicant shall have ninety days fromthe date of the notice of the action in which to request anappeal to the director of the division of family services. Inthe rejection notice the applicant for benefits or services shallbe notified of all of his rights of appeal under this section.Proper blank forms for requesting an appeal to the director ofthe division of family services shall be furnished by the countyoffice to any aggrieved applicant. Any such request made in anymanner for an appeal shall be transmitted by the county office tothe director of the division of family services, immediately uponthe same being filed with the county office.
6. If the division has rejected an application for benefitsor services and the applicant appeals, the decision of thedirector as to the eligibility of the applicant at the time suchrejection was made shall be based upon the facts shown by theevidence presented at the hearing of the appeal to have existedat the time the rejection was made.
7. The director of the division of family services shallgive the applicant for benefits or services or the recipient ofbenefits or services reasonable notice of, and an opportunityfor, a fair hearing in the county of his residence at the timethe adverse action was taken. The hearing shall be conducted bythe director of the division of family services or his designee.Every applicant or recipient, on appeal to the director of thedivision of family services, shall be entitled to be present atthe hearing, in person and by attorney or representative, andshall be entitled to introduce into the record of such hearingany and all evidence, by witnesses or otherwise, pertinent tosuch applicant's or recipient's eligibility between the time heapplied for benefits or services and the time the application wasdenied or the benefits or services were terminated or modified,and all such evidence shall be taken down, preserved, and shallbecome a part of the applicant's or recipient's appeal record.Upon the record so made, the director of the division of familyservices shall determine all questions presented by the appeal,and shall make such decision as to the granting of benefits orservices as in his opinion is justified and is in conformity withthe provisions of the law. The director shall clearly state thereasons for his decision and shall include a statement offindings of fact and conclusions of law pertinent to thequestions in issue.
8. All appeal requests may initially be made orally or inany written form, but all such requests shall be transcribed onforms furnished by the division of family services and signed bythe aggrieved applicant or recipient or his representative priorto the commencement of the hearing.
Appeal to director of the division of family services,when--procedure.
208.080. 1. Any applicant for or recipient of benefits orservices provided by law by the division of family services mayappeal to the director of the division of family services from adecision of a county office of the division of family services inany of the following cases:
(1) If his right to make application for any such benefitsor services is denied; or
(2) If his application is disallowed in whole or in part, oris not acted upon within a reasonable time after it is filed; or
(3) If it is proposed to cancel or modify benefits orservices; or
(4) If he is adversely affected by any determination of acounty office of the division of family services in itsadministration of the programs administered by it; or
(5) If a determination is made pursuant to subsection 2 ofsection 208.180 that payment of benefits on behalf of a dependentchild shall not be made to the relative with whom he lives.
2. If the division proposes to terminate or modify thepayment of benefits or the providing of services to the recipientor the division has terminated or modified the payment ofbenefits or providing of services to the recipient and therecipient appeals, the decision of the director as to theeligibility of the recipient at the time such action was proposedor taken shall be based on the facts shown by the evidencepresented at the hearing of the appeal to have existed at thetime such action to terminate or modify was proposed or wastaken.
3. In the case of a proposed action by the county office ofthe division of family services to reduce, modify, or discontinuebenefits or services to a recipient, the recipient of suchbenefits or services shall have ten days from the date of themailing of notice of the proposed action to reduce, modify, ordiscontinue benefits or services within which to request anappeal to the director of the division of family services. Inthe notice to the recipient of such proposed action, the countyoffice of the division of family services shall notify therecipient of all his rights of appeal under this section. Properblank forms for appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedrecipient. Every such appeal to the director of the division offamily services shall be transmitted by the county office to thedirector of the division of family services immediately upon thesame being filed with the county office. If an appeal isrequested, benefits or services shall continue undiminished orunchanged until such appeal is heard and a decision has beenrendered thereon, except that in an aid to families withdependent children case the recipient may request that benefitsor services not be continued undiminished or unchanged during theappeal.
4. When a case has been closed or modified and no appeal wasrequested prior to closing or modification, the recipient shallhave ninety days from the date of closing or modification torequest an appeal to the director of the division of familyservices. Each recipient who has not requested an appeal priorto the closing or modification of his case shall be notified atthe time of such closing or modification of his right to requestan appeal during this ninety-day period. Proper blank forms forrequesting an appeal to the director of the division of familyservices shall be furnished by the county office to any aggrievedapplicant. Every such request made in any manner for an appealto the director of the division of family services shall betransmitted by the county office to the director of the divisionof family services immediately upon the same being filed with thecounty office. If an appeal is requested in the ninety-dayperiod subsequent to the closing or modification, benefits orservices shall not be continued at their prior level during thependency of the appeal.
5. In the case of a rejection of an application for benefitsor services, the aggrieved applicant shall have ninety days fromthe date of the notice of the action in which to request anappeal to the director of the division of family services. Inthe rejection notice the applicant for benefits or services shallbe notified of all of his rights of appeal under this section.Proper blank forms for requesting an appeal to the director ofthe division of family services shall be furnished by the countyoffice to any aggrieved applicant. Any such request made in anymanner for an appeal shall be transmitted by the county office tothe director of the division of family services, immediately uponthe same being filed with the county office.
6. If the division has rejected an application for benefitsor services and the applicant appeals, the decision of thedirector as to the eligibility of the applicant at the time suchrejection was made shall be based upon the facts shown by theevidence presented at the hearing of the appeal to have existedat the time the rejection was made.
7. The director of the division of family services shallgive the applicant for benefits or services or the recipient ofbenefits or services reasonable notice of, and an opportunityfor, a fair hearing in the county of his residence at the timethe adverse action was taken. The hearing shall be conducted bythe director of the division of family services or his designee.Every applicant or recipient, on appeal to the director of thedivision of family services, shall be entitled to be present atthe hearing, in person and by attorney or representative, andshall be entitled to introduce into the record of such hearingany and all evidence, by witnesses or otherwise, pertinent tosuch applicant's or recipient's eligibility between the time heapplied for benefits or services and the time the application wasdenied or the benefits or services were terminated or modified,and all such evidence shall be taken down, preserved, and shallbecome a part of the applicant's or recipient's appeal record.Upon the record so made, the director of the division of familyservices shall determine all questions presented by the appeal,and shall make such decision as to the granting of benefits orservices as in his opinion is justified and is in conformity withthe provisions of the law. The director shall clearly state thereasons for his decision and shall include a statement offindings of fact and conclusions of law pertinent to thequestions in issue.
8. All appeal requests may initially be made orally or inany written form, but all such requests shall be transcribed onforms furnished by the division of family services and signed bythe aggrieved applicant or recipient or his representative priorto the commencement of the hearing.
