15A NCAC 21D .0904 NOTIFICATION OF THE RIGHT TO A FAIR HEARING

(a) Every current or potential WIC participant shall be informed by the local WIC agency of their right to a fair hearing:

(1) in writing at the time of application;

(2) in writing whenever they are determined ineligible;

(3) in writing if disqualified due to abuse of the program;

(4) in writing at the time of assessment of a claim for repayment of the cash value of improperly issued Program benefits; and

(5) orally or in writing at least 15 days before the expiration of each certification period.

(b) Content of notification of fair hearings shall include:

(1) a statement of the right to a fair hearing;

(2) the method by which a fair hearing may be requested, including the time limit; and

(3) who may represent the individual.

(c) Written documentation of all notification of the right to a fair hearing shall be recorded on the North Carolina Application for the Special Supplemental Nutrition Program for Women, Infants and Children (DEHNR Form 2767).

(d) In order to notify current and potential participants of the fair hearing process, a simplified summary of the steps involved in obtaining a fair hearing shall be posted in a visible place at every WIC site where certifications are performed, food instruments are issued or applications are accepted. This notification shall contain:

(1) notice of right to a fair hearing;

(2) a simplified explanation of the definition and purpose of a fair hearing;

(3) the method by which a fair hearing may be requested, including the time limit; and

(4) who may represent the individual at the fair hearing and in requesting a fair hearing.

History Note: Authority G.S. 130A-361; 150B-22; 42 U.S.C. 1786; 7 C.F.R. 246.9;

Eff. July 1, 1981;

Temporary Amendment Eff. July 1, 2002.