358-6.4 Compliance.
(a) For all decisions, except those involving food stamp issues only,
definitive and final administrative action must be taken promptly, but in no event more
than 90 days from the date of the request for a fair hearing.
(b) (1) For all cases involving food stamp issues
only the decision must be issued and the parties notified of the decision within 60 days
of receipt of the request for the fair hearing by OAH.
(2) If the decision will result in an increase
in household food stamp benefits, social services agencies must reflect such increase in
the coupon allotment within 10 days of the receipt of the hearing decision; however, the
increase may occur later than 10 days after the decision if the social services agency
decides to make the decision effective in the household's normal issuance cycle and the
issuance will occur within 60 days from the household's request for a hearing. Decisions
which result in a decrease in household benefits must be reflected on the next scheduled
issuance following receipt of the fair hearing decision.
(c) Upon receipt of a complaint that a social services agency has not
complied with the fair hearing decision, the commissioner, through action coordinated by
OAH will secure compliance by whatever means is deemed necessary and appropriate under the
circumstances of the case.