§ 431.232 - Adverse decision of local evidentiary hearing.

§ 431.232 Adverse decision of local evidentiary hearing.

Cross Reference

Link to an amendment published at 81 FR 86449, Nov. 30, 2016.

If the decision of a local evidentiary hearing is adverse to the applicant or beneficiary, the agency must - must—

(a) Inform the applicant or beneficiary of the decision;

(b) Inform the applicant or beneficiary in writing that he or she has the a right to appeal the decision to the State agency , in writing, within 15 10 days of after the mailing of individual receives the notice of the adverse decision. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the individual shows that he or she did not receive the notice within the 5-day period; and

(c) Inform the applicant or beneficiary of his right to request that his appeal be a de novo hearing; and

(d) Discontinue services after the adverse decision.

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]