141.01 Administrative Appeal Requests and the ANP (FSM)

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If an individual requests an *administrative appeal within *15 days from the date on the notice of the action being appealed, continue assistance at the pre-change level pending the *administrative appeal decision, and/or until the Food Stamp certification period ends. If an individual requests an *administrative appeal after the *15-days expire or if there is no ANP, the termination or decrease takes effect on schedule. The individual may choose to continue receiving benefits at the pre-change level pending the outcome of an *administrative appeal.

If the individual establishes good cause for failing to request an *administrative appeal within the *15 days, reinstate benefits at the pre-change level pending the *administrative appeal decision, and/or until the Food Stamp certification period ends.

When benefits are reduced or terminated due to a mass change, reinstate benefits at the pre-change level only if the appeal is requested within 15 days from the date on the notice of the action being appealed and the issue being contested is that eligibility or benefits were improperly computed, or that a federal law or regulation was misapplied or misinterpreted.

When benefits are continued or reinstated pending an *administrative appeal decision, reduce or terminate those benefits only if one of the following circumstances occurs:

• The certification period expires. The individual may reapply and be determined eligible for a new certification period, with a new benefit amount, pending the *appeals officer’s decision on the contested action.

• A change which affects the individual’s eligibility or benefit amount occurs while the *administrative appeal decision is pending, and the individual does not request an *administrative appeal during the new *15-day period.

• A mass change which affects the individual’s eligibility or benefit amount occurs while the *administrative appeal decision is pending.

• The *appeals officer makes a preliminary written determination at the *administrative appeal that the sole issue is of federal law or regulation and that the individual’s claim is valid.

References: RSA 161:4-a,IV, 7 CFR 273.12(e)(6)(iii), 7 CFR 273.13(a)(1), 7 CFR 273.15(k)