Appeal to State department; proceedings; further appeals.

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In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department. The department shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department may be made to an administrative hearing examiner pursuant to the Administrative Procedures Act.

HISTORY: 1976 Code Section 43-5-40; 1962 Code Section 71-54; 1952 Code Section 71-54; 1942 Code Section 4996-17; 1937 (40) 496; 1978 Act No. 549; 1993 Act No. 181, Section 1010, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.


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