CR: 6 Fair Hearing

Effective Date: 09/92 Downloads: PDF Version    Revised Date: 07/14
   

Policy

Any individual has the right to appeal any decision made by the state or local agency or WIC clinic which results in the individual’s denial of participation or disqualification from the program.

Procedure

The local agency will make every effort to assist an individual when that individual wishes to request a Fair Hearing.

 

  1. The Nevada State WIC Program Fair Hearing Procedures must be posted in all WIC clinics in English and Spanish in locations where they will be easily seen by applicants and participants.
  2. All program applicants and participants must be notified of their right to appeal any decisions made regarding eligibility for the program. They must be provided with a copy of the Participant Rights and Responsibilities form at the time of certification and subsequent certification. At the time of determination of ineligibility, placement on a waiting list or disqualification from the program, persons must be provided with written notification of their right to appeal.
  3. Any individual has the right to request a fair hearing, and it is the responsibility of the WIC staff person to assist with such a request if necessary.
  4. If a person indicates that they are dissatisfied with an eligibility determination and wish to request a fair hearing, the WIC staff person must provide the individual with a copy of the Nevada Division of Health Fair Hearing Procedures, in their predominate language and record the complaint in the complaint log.
  5. The request must be made in writing within 60 days following the date of the decision to the:

Administrator

Nevada Division of Public and Behavioral Health

4126 Technology Way, Suite 102

Carson City, NV   89706

If the complainant is unable to put the complaint in writing, the WIC staff person must do this for her/him.

 

  1. A participant who is disqualified during a certification period and who appeals within 15 days after notification of termination shall continue to receive program benefits until a hearing decision is reached or the certification period expires, whichever occurs first. An Appeal after the 15 day time limit will not result in continued benefits.
  2. An applicant who is denied program benefits at an initial application, participants whose certifications periods have expired, or participants who became categorically ineligible during certification period may appeal the denial or termination within the timeframe set by the State agency but must not receive benefits while awaiting the hearing results.
  3. If the decision is in favor of the appellant and benefits were denied or discontinued, benefits shall begin immediately.
  4. If the decision concerns disqualification from the program, and is in favor of the agency, the agency will terminate any continued benefits as soon as possible.
  5. Any request submitted to WIC staff or any other staff members of a local agency must be forwarded to the Administrator of the Nevada State Health Division WIC Program.
  6. No person(s) shall intimidate, coerce, threaten or discriminate against an individual who has made a complaint or who has testified, assisted or participated in any manner in an investigation or hearing.
  7. An individual may request a Fair Hearing and file a Civil Rights complaint simultaneously.