HAR §17-1602-14. Hearing decisions pending over one hundred and twenty days

(a) When a final hearing decision on the denial, suspension, or termination of child welfare services payments has not been made and implemented within one hundred and twenty calendar days of the request for hearing, and the claimant is 1602-16 3617 §17-1602-14 not already receiving aid paid pending a hearing decision for child welfare services payments specified under section 17-1602-10(a), the department shall restore any amount by which the claimant's child welfare services payments were reduced, suspended, terminated, or denied, until a final decision is made. (b) The hearing office shall notify the child welfare services worker orally on the one hundred and twenty-first day when a final decision is not reached within one hundred and twenty days. If the one hundred and twenty-first day falls on a weekend or holiday, the one hundred and twenty-first day shall then be the working day following the weekend or holiday. A written confirmation shall be sent within three working days. (c) If the record is held open by the hearing officer, or there is a delay in the hearing process, the one hundred and twenty-day deadline shall be extended for an equal time period. (d) The amount by which any child welfare services payments were reduced, suspended, terminated, or denied shall be restored or provided from the one hundred and twenty-first day, within five working days after oral notice is received from the hearing office, until a final decision is made: (1) When child welfare services payments are denied, suspended, or terminated, child welfare services payments shall be provided as follows: (A) When the one hundred and twenty-first day is between the first and fifteenth day of the month, the monthly payment shall be provided as long as the claimant is otherwise eligible for payment; or (B) When the one hundred and twenty-first day is between the sixteenth and the end of the month, one-half of the monthly payment shall be provided; (2) When child welfare services payments are reduced, the amount of the child welfare services payments shall be restored to the 1602-17 3617