Sec. 60-1.5. Procedure for applicants and participants obtaining a fair hearing

(a) Every applicant and participant aggrieved by an adverse action of a local agency may request a fair hearing by contacting, either orally or in writing, the department within 60 days from the date of service of the agency determination or adverse action. Requests for a fair hearing may be made on behalf of the applicant or participant by a parent, guardian or other representative.

(b) If a participant being disqualified from the WIC program requests a fair hearing within 15 days from the date of service of the agency determination to terminate, benefits shall be continued until the administrative law judge makes a determination or the certification period expires, whichever occurs first; provided, however, that such benefits shall not be continued when a participant is determined to be categorically ineligible, an initial certification is not granted or a certification period expires.

(c) A request for a fair hearing shall not be denied or dismissed unless:

(1) the request is not received within the required 60-day time limit provided in subdivision (a) of this section;

(2) the petitioner or his/her representative fails to appear at the scheduled date, time and place of the hearing without good cause;

(3) the petitioner or his/her representative withdraws the request for a fair hearing in writing or states for the record at the hearing that he/she wishes to withdraw;

(4) the petitioner or his/her representative cannot be located at his last known address after the request for a fair hearing is received;

(5) the petitioner has been determined to be categorically ineligible. Categorical ineligibility shall be documented and the documentation shall be maintained on file at the local agency;

(6) the petitioner has been denied participation at a previous hearing and cannot provide evidence to the local agency that circumstances have changed since the denial of WIC program eligibility;

(7) the local agency grants the relief requested by the petitioner; or

(8) the sole basis of the hearing is petitioner's request for retroactive benefits.