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H. Right to Continued Benefits <br />I. If the recipient's services were terminated or modified for any reason other <br />than lack of public funds to pay for them, the recipient may be entitled to <br />continue services while awaiting a hearing decision. <br />1. Recipients who receive Timely Notice <br />a. If a recipient receives a reduction or termination of benefits on or before <br />the effective date of the change (10 workdays after the notice is mailed or <br />given to the recipient), he /she has the right to continued services until the <br />end of the month in which the local hearing decision is rendered, except <br />when reduction or termination involves lack of public funds to pay for <br />them or the recipient waives his right to continued services. <br />b. The recipient is not entitled to continued benefits if the appeal is not <br />requested within the 10 workday period. <br />c. When the recipient requested the hearing, advise him that: <br />(1) If the reduction or termination of services is affirmed by the local or <br />state hearings officer, he may be required to repay the costs of services <br />he received while awaiting a decision, and <br />(2) He has the right to choose not to continue to receive services. <br />2. Recipients who Receive Adequate Notice <br />Recipients who receive adequate notice and appeal do not have the right to <br />continued benefits. <br />III. LOCAL HEARING <br />A. Purpose <br />The local hearing allows the county agency to explain the action in question and <br />the appellant to explain why he feels that action should not take place. <br />B. Scheduling <br />1. Hold the local hearing within 5 calendar days after it is requested, unless the <br />appellant has good cause for a delay. <br />2. The appellant has good cause to delay the local hearing when: <br />a. There is a death in the appellant's family. <br />b. The appellant or someone in his /her family is ill. <br />c. The appellant is unable to obtain representation. <br />d. The appellant's representative has a conflict with the scheduled date. <br />e. The appellant receives a properly dated and mailed notice of action <br />proposing a reduction or termination of assistance after the 10 workday <br />notice period expires. <br />£ The appellant is unable to obtain transportation. <br />g. The hearings officer determines that the hearing should be delayed for <br />some other reason. <br />Attachment number 1 \n <br />F -3 Page 39 <br />