464 NAC 1-018. APPEAL TIME LIMITS

018. APPEAL TIME LIMITS. An appeal is made by requesting a fair hearing in writing within 90 days of the date of the written notice or alleged inaction. The appeal is timely if it is received by the Department within 90 days of the date of the written notice or if it is post-marked within 90 days of the date of the written notice. The appeal request must: (1) Include a short, timely, and accurate summary of the Department’s action being appealed; (2) Describe the reason for the appeal; and (3) Be sent to the Nebraska Department of Health and Human Services Hearing Office. 018.03(A) CONTINUED SERVICE DURING APPEAL. If an appeal is requested in writing within 10 calendar days following the date the Notice of Action was mailed, the Department will not carry out the adverse action until a fair hearing decision is made, except when the adverse action is a denial of eligibility.