Legal Aspects – Table of Contents

0130.020.90.40 Time Limits for the Hearing Decision

For the Food Stamp program, AHU must conduct the hearing and issue a decision promptly, allowing FSD to complete the final action within 60 days of the date of the fair hearing request. The only exception to this timeframe is for those cases in which the EU has requested a continuance, in accordance with the provisions of federal law.

The time frame for implementing hearing decisions is the result of a United States District Court order from April 10, 1978 in the case of Lambus v. Walsh.

….It is hereby

ORDERED, ADJUDGED, AND DECREED that defendants’ failure to fully implement fair hearing decisions by issuance of food stamps or repayment of monies overpaid, violates rights secured to plaintiff Lambus and members of the class by the Food Stamp Act, 7 U.S.C. 2011, et seq., and regulations promulgated thereunder, 7 C.F.R. 271.1, et seq.; and it is further

ORDERED, ADJUDGED, AND DECREED that defendants, their successors, agents, and all those in active concert with them be, and they are hereby, enjoined forever and permanently from failing to provide prompt, definitive and final administrative action, including the issuance of food stamps or repayment of money, when the hearing decision is favorable, within sixty (60) days from the date that the fair hearing is requested, except in those cases in which the claimant has requested a delay or has failed to appear for a scheduled fair hearing, in accordance with the provisions of federal law; and it is further

ORDERED that within sixty (60) days of the date of this Order, and every 60 days thereafter, defendants shall submit to this Court and to counsel for plaintiffs the following information for each individual who requests a fair hearing: the individual’s name and address, the date of the request for the hearing, the date of the hearing decision, and the date on which the decision is implemented. It is further

ORDERED that at any time after three (3) years from this date, upon motion of a party or upon the Court’s own motion, the Court may terminate the reporting requirements imposed herein.”

For MO HealthNet programs, AHU must conduct the hearing and issue a decision promptly, allowing FSD to ordinarily complete the final action within 90 days of the date of the fair hearing request per 42 CFR 431.244(f)(ii).