Time Period for Rendering and Implementing Decision

Within 60 days of receipt of a request for a fair hearing, the Department shall conduct the hearing, arrive at a decision, and notify the household of the decision. (A) Decision in Favor of the Household. When the hearing official determines that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits shall be provided in accordance with 106 CMR 366.500: Households Living with Non-household Members. Decisions which result in an increase in household benefits shall be reflected in the monthly allotment within ten days of the receipt of the decision. The Department may take longer than the ten days if the decision will be effective in the normal issuance cycle, as long as the issuance will occur within 60 days from the household's request for the hearing. The Department shall restore benefits to households who are leaving the State before the departure if possible. If benefits are not restored before departure, the Department shall restore the benefits and send a copy of the hearing decision to the household. (B) Decision Against the Household. Decisions which result in a decrease in the household benefits shall be reflected in the next scheduled issuance after the fair hearing decision is issued. When the hearing official upholds the Department action, a claim against the household for any overissuance shall be prepared in accordance with Department policy.