SECTION 340:50-15-5. Right to appeal

  When the household disagrees with the overpayment decision, the household may request a fair hearing within 90-calendar days of the date on the Notification of Food Benefit Overpayment notice per Section 273.15(g) of Title 7 of the Code of Federal Regulations. Upon notification from the Oklahoma Department of Human Services (DHS) Legal Services Appeals Unit or local county staff that the household requested a timely fair hearing, Adult and Family Services Benefit Integrity and Recovery staff ceases all collection efforts, including allotment reduction, pending the hearing decision. Per Oklahoma Administrative Code 340:2-5-63, an item mailed by DHS, is presumed to be received on the second day mail is delivered, following the date on the notice.

[Source: Amended at 8 Ok Reg 3463, eff 7-31-91 (emergency); Amended at 9 Ok Reg 3945, eff 6-10-92 (preemptive); Amended at 9 Ok Reg 2473, eff 6-25-92; Amended at 10 Ok Reg 147, eff 9-14-92 (preemptive); Amended at 12 Ok Reg 1577, eff 1-27-95 (emergency); Amended at 12 Ok Reg 2443, eff 6-26-95; Amended at 19 Ok Reg 395, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1119, eff 5-13-02; Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 25 Ok Reg 1329, eff 6-1-08; Amended at 26 Ok Reg 840, eff 6-1-09; Amended at 27 Ok Reg 1241, eff 6-1-10; Amended at 33 Ok Reg 1607, eff 9-15-16]