If the request for an undue hardship waiver is denied, the individual has the right to appeal the decision through a written request to the Division of Family Support. The individual has 90 days from the date of the notice to file the appeal. These same hearing rights are also applicable to the facility in which the individual resides, as long as the facility has the institutionalized individual’s written permission to represent the individual in the appeal process.
DSS Manuals Website