Section 400.904. Request for hearing; timeliness.

(1) A request for a hearing shall be in writing and signed by the claimant, petitioner,   or  on   his   behalf    by    his   authorized representative.

(2)   The request may be filed with the state department office in Lansing or a local county office. When filed with the local county department office, it shall be forwarded immediately to the state department office.

(3)   Freedom to make a request for a hearing shall not be  limited  or interfered with in any way. The agency shall assist a claimant  to submit and process his request.

(4)    A claimant shall be provided 90 days from the mailing of the notice in R 400.902 to request a hearing.

(5)   When a claimant requests a hearing within the timely notice period, assistance shall not be suspended, reduced, discontinued, or terminated until a decision is rendered after a hearing, unless:

(a)   A determination is made at the hearing by  the  administrative  law judge that the sole issue is one of state or federal law or policy.The administrative law judge shall inform a claimant promptly in writing that assistance is to be discontinued pending the final decision  if  the   sole issue is one of state or federal law or  policy,  subject  to this  issue being reconsidered in the final decision.

(b)   A subsequent change affecting a recipient's grant occurs while the hearing decision is pending and a recipient fails to request a hearing after notice of the subsequent change.

(6)   When an appeal is filed from a written notice of revocation, denial, or refusal to renew a license within 30 days of receipt of  the  written notice, the denial, revocation, or refusal to review  shall  be  held in abeyance pending the final decision.

History: 1979 AC.