HAR §17-1602-10. Status pending hearing decision

(a) When a signed written request for a hearing is 1602-11 3617 §17-1602-10 received from a claimant before the date on which child welfare services payments shall be reduced, suspended, or terminated, no adverse action shall be taken until a written decision is rendered after the hearing, unless: (1) The claimant withdraws or abandons the request for hearing as specified in section 17-1602-9; (2) A determination is made at the hearing that the sole issue involved is one of state or federal law or policy, or change in state or federal law and not one of incorrect child welfare services payment amount computation; (3) Another change affecting the claimant's child welfare services payments occurs and the claimant fails to request a hearing after receiving a notice of adverse action regarding this change; (4) The claimant specifically requests not to receive continued child welfare services payments pending a hearing decision. (b) If the hearing request relates to the suspension or revocation of a license or certification, the unit shall notify the claimant in writing if the license or certification will be suspended or revoked pending the hearing decision. In the event of a suspension or revocation of a license or certification, foster board maintenance payments shall be terminated when the child is no longer residing in the placement, in accordance with section 17-1617-13. (c) If, while receiving aid paid pending a hearing, the claimant: (1) Becomes eligible for additional child welfare services payments, the payments shall be increased; or (2) Provides a written request for but is denied additional child welfare services payments, aid paid pending a hearing decision shall continue and a notice of the denial of the request for additional child welfare services payments shall be provided. The 1602-12 3617