Ch. 302: Summer Electronic Benefit Transfer Program Rules (SUN Bucks)

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Code of Maine Rules › -144 Department of Health and Human Services Rules › Ch. 302

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Section 1: General Program Requirements pages 1-2

Purpose page 1

Period of Eligibility page 1

Eligibility Standard page 1

Change Reporting page 2

Section 2: Application Process pages 1-4

Streamline Certification page 1

Manual Application page 2

Denied Applications page 3

Notification of Approval page 4

Section 3: Verification page 1

Income Attestation page 1

NSLP/SBP Enrollment Verification page 1

Verification Sample page 1

Verification for Cause page 1

Responsibility for Providing Verification page 1

Direct Verification page 1

Section 4: Use of Benefits pages1-2

Availability of Benefits page 1

Benefit Transactions page 1

Households Eligible for Prepared Meals page 1

Section 5: Program Violations pages 1-2

Definition of Intentional Program Violation page 1

Application of Penalties page 1

Period of Ineligibility page 1

Section 6: Administrative Procedures pages 1-3

Fair Hearing page 1

The Hearing Record Page 1

Time Limits on Hearings page 1

Departmental Responsibilities page 1

Restoration of Benefits page 2

Disputed Benefits page 3

BUSINESS DAY: A day during which the Department is open and performing regular functions.

CATEGORICALLY ELIGIBLE: Considered income eligible for Summer EBT or another Child Nutrition Program, as applicable, based on documentation that a child is a member of a household, as defined in this section, and one or more children in that household are receiving assistance under SNAP, TANF, or FDPIR, or other means tested program. A Foster Child, Homeless Child, a Migrant Child, a Head Start Child and a Runaway Child, as defined in in this section, are also Categorically Eligible.

DIRECT VERIFICATION: The process of verifying household income or Categorical Eligibility by matching against data sources or other records without the need to contact households for documentation.

EXPUNGEMENT: The removal of Summer EBT benefits from the EBT account to which they were issued.

d Start Child and a Runaway Child, as defined in in this section, are also Categorically Eligible.

DIRECT VERIFICATION: The process of verifying household income or Categorical Eligibility by matching against data sources or other records without the need to contact households for documentation.

EXPUNGEMENT: The removal of Summer EBT benefits from the EBT account to which they were issued.

FOOD AND NUTRITION SERVICES (FNS): The Division of the United States Department of Agriculture (USDA) that administers nutrition assistance programs, including the Supplemental Nutrition Assistance Program (SNAP), the Food Distribution Program on Indian Reservations (FDPIR), and Child Nutrition programs including the National School Lunch Program and School Breakfast Program (NSLP/SBP) and summer nutrition programs for kids including SUN Meals, SUN Meals to go, and SEBT.

FOOD DISTRIBUTION PROGRAM OR INDIAN RESERVATIONS (FDPIR): A federal food assistance program that provides USDA supported foods to income-eligible households living on Indian reservations and to certain Native American households residing in designated areas near reservations or in approved service areas. FDPIR is administered at the local level by Indian Tribal Organizations or state agencies, and serves as an alternative to the Supplemental Nutrition Assistance Program (SNAP) for eligible individuals.

FOSTER CHILD: A child who is under the legal responsibility of a court or an agency that administers a Title IV-E State plan under the Social Security Act. It does not include a child in an informal arrangement that may exist outside of State or court-based systems.

HEAD START CHILD: A child enrolled in a Head Start program authorized under the Head Start Act.

HOMELESS CHILD: A child identified as lacking a fixed, regular and adequate nighttime residence by the Local Educational Agency liaison or through data available to the Department

ty Act. It does not include a child in an informal arrangement that may exist outside of State or court-based systems.

HEAD START CHILD: A child enrolled in a Head Start program authorized under the Head Start Act.

HOMELESS CHILD: A child identified as lacking a fixed, regular and adequate nighttime residence by the Local Educational Agency liaison or through data available to the Department.

HOUSEHOLD: A group of related or non-related individuals, who are not residents of an institution or boarding house, but who are living as one economic unit.

INSTRUCTIONAL YEAR: The period from July 1 of the prior calendar year through one day prior to the Summer Operational Period.

LOCAL EDUCATION AGENCY (LEA): A pubic board of education or other public or private nonprofit authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public or private nonprofit elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of school districts or counties that is recognized in a state as an administrative agency for its public or private nonprofit elementary schools or secondary schools. The term also includes any other public or private nonprofit institution or agency having administrative control and direction of a public or private nonprofit elementary school or secondary school, including residential child care institutions, Bureau of Indian Affairs schools, and educational service agencies and consortia of those agencies, as well as the State educational agency in a state or territory in which the State educational agency is the sole educational agency for all public or private nonprofit schools.

MAINE DEPARTMENT OF EDUCATION (MDOE): The State agency responsible for overseeing public education in Maine as established by 20-A M.R.S. § 201

schools, and educational service agencies and consortia of those agencies, as well as the State educational agency in a state or territory in which the State educational agency is the sole educational agency for all public or private nonprofit schools.

MAINE DEPARTMENT OF EDUCATION (MDOE): The State agency responsible for overseeing public education in Maine as established by 20-A M.R.S. § 201.

MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES (the Department): The state agency responsible for administering health and human services programs, including but not limited to MaineCare, SNAP, and TANF, pursuant to Maine law and applicable federal regulations.

MIGRANT CHILD: A child who is identified as meeting the definition of “migrant” under Section 1309 of the Elementary and Secondary Education Act of 1965. This identification may be made by the State or local Migrant Education Program (MEP) coordinator, the local education liaison, or by the Department using data known to the benefit processing system. This includes children associated with a migrant household engaged in qualifying migratory agricultural work.

NATIONAL SCHOOL LUNCH/SCHOOL BREAKFAST PROGRAM (NSLP/SBP): The programs established under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to provide low-cost or free meals to eligible children in schools and residential child care institutions.

NSLP/SBP APPLICATION: An application for free and reduced-price meals, submitted by a household for a child or children enrolled at an NSLP- or SBP-participating school(s). Eligibility determinations based on NSLP/SBP applications may be used to confer eligibility for Summer EBT.

OFFICE FOR FAMILY INDEPENDENCE (OFI): A division of the Maine Department of Health and Human Services that administers public assistance programs.

RUNAWAY CHILD: A child identified as a runaway receiving assistance from a program under the Runaway and Homeless Youth Act by the local educational liaison.

based on NSLP/SBP applications may be used to confer eligibility for Summer EBT.

OFFICE FOR FAMILY INDEPENDENCE (OFI): A division of the Maine Department of Health and Human Services that administers public assistance programs.

RUNAWAY CHILD: A child identified as a runaway receiving assistance from a program under the Runaway and Homeless Youth Act by the local educational liaison.

SCHOOL AGED: The age requirement for compulsory education in Maine as established by 20-A M.R.S. § 5001-A.

SPECIAL PROVISION SCHOOL: A school that provides federally funded free meals to all enrolled students without requiring individual applications or income eligibility determinations each year.

STREAMLINE CERTIFICATION: Automatically enrolling an eligible child for Summer EBT, without the need for application or confirmation of school enrollment by the household.

SUMMER ELECTRONIC BENEFIT TRANSFER (SEBT) PROGRAM: The SEBT Program, in Maine known as SUN Bucks, is a summer nutrition assistance program as established by 7 C.F.R. § 292.1(b).

SUMMER OPERATIONAL PERIOD: The benefit period that generally reflects the period between the end of classes during the current school year and the start of classes for the next school year. The Summer Operational Period in Maine is June 15-August 15.

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP): A federally funded program administered by State agencies that provides food benefits to eligible low-income individuals and households.

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): A federally funded, State-administered program that provides cash assistance and supportive services to eligible low-income families with children to promote economic self-sufficiency.

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA): A federal agency that oversees farming, food, nutrition, and rural development programs, including SNAP, which it administers through the Food and Nutrition Service (FNS).

tate-administered program that provides cash assistance and supportive services to eligible low-income families with children to promote economic self-sufficiency.

PURPOSE:

The Summer Electronic Benefit Transfer (SEBT) Program is a summer nutritional benefit available to qualifying children. SEBT eligibility is based on the eligibility standards for the National School Lunch Program (NSLP), which includes children who are income eligible for free or reduced price school meals based on the Income Eligibility Guidelines published by the United States Department of Health and Human Services by notice in the Federal Register and in accordance with the household size and income standards or Categorically Eligible for free and reduced price school meals. This program was established for the purpose of providing nutrition assistance during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer. The SEBT benefit amount is set by the United States Department of Agriculture and is adjusted annually based on the Thrifty Food Plan, which reflects the cost of a nutritionally adequate diet.

2. PERIOD OF ELIGIBILITY: Eligibility for SEBT may be established from the first day of the Instructional Year immediately preceding the Summer Operational Period through the last day of the Summer Operational Period.

3. ELIGIBILITY STANDARD: Children eligible for SEBT include those who, at any time during the period of eligibility, are:

School Aged and Categorically Eligible.

Individually certified for free and reduced price meal benefits through their school

d from the first day of the Instructional Year immediately preceding the Summer Operational Period through the last day of the Summer Operational Period.

3. ELIGIBILITY STANDARD: Children eligible for SEBT include those who, at any time during the period of eligibility, are:

School Aged and Categorically Eligible.

Individually certified for free and reduced price meal benefits through their school.

Enrolled in a National School Lunch/School Breakfast Program (NSLP/SBP)-participating school, except for special provision schools, and—

Categorically Eligible,

Meet the requirements to receive free or reduced price meals, as determined through an NSLP/SBP application,

Otherwise are determined eligible to receive a free or reduced price meal through their school, or

(d) Determined eligible through a SEBT application.

(2) Enrolled in a special provision school, and:

Categorically Eligible;

Otherwise meet the requirements to receive free or reduced price meals as determined through an NSLP/SBP application; or

4. CHANGE REPORTING: Households are not required to report changes in circumstances during the Instructional Year or Summer Operational Period.

Households are encouraged to report changes of address to their school and the Office for Family Independence (OFI) to ensure that letters and cards are sent to the correct location.

B. Households may voluntarily contact OFI or their Local Education Agency (LEA) to report any changes. Reported changes will not impact eligibility for SEBT.

1. STREAMLINE CERTIFICATION: Streamline Certification is an automatic determination using verified data that is known to the Office for Family Independence (OFI) or received from the Maine Department of Education (MDOE), Office of Child and Family Services (OCFS), and other partner agencies to identify students who meet standards to qualify for free or reduced price school meals. Children who meet criteria for Streamline Certification are issued SEBT benefits without the need to apply.

rified data that is known to the Office for Family Independence (OFI) or received from the Maine Department of Education (MDOE), Office of Child and Family Services (OCFS), and other partner agencies to identify students who meet standards to qualify for free or reduced price school meals. Children who meet criteria for Streamline Certification are issued SEBT benefits without the need to apply.

A. Children are Streamline Certified if they are either:

Included on National School Lunch/School Breakfast Program (NSL/SBP) free and reduced price list provided to OFI by the MDOE; or

(2) Within the legal age of compulsory education (age six through sixteen) and known to the Department to be:

Participating in TANF, SNAP, or FDPIR,

Participating in MaineCare with household income of 185% of the Federal Poverty Level (FPL) guidelines or less,

In a foster care placement,

Homeless, Migrant, or Runaway, or

Enrolled in Head Start.

B. Streamline Certification Determination:

No later than 7 days prior to the start of the Summer Operational Period (SOP) the Department shall make a Streamline eligibility determination based on information known to the Department at that time.

Additional households are Streamline Certified within fifteen days of OFI becoming aware of their eligibility (E.g. determined eligible for SNAP or another qualifying program during the SOP or the household acquires a qualifying status such as homelessness).

The Department must issue written notice of eligibility to Streamline Certified households including notification of the option to opt out.

2. MANUAL APPLICATION:

A. Households whose children are enrolled in NSLP- or SBP-participating schools and who do not already have an individual eligibility determination, have the opportunity to submit an application to OFI.

B. Application Period:

Applications for SEBT are accepted from the first day of the Instructional Year through the last day of SOP. Households must submit an application by the last day of the SOP in order to receive benefits for that summer

NSLP- or SBP-participating schools and who do not already have an individual eligibility determination, have the opportunity to submit an application to OFI.

B. Application Period:

Applications that are submitted after the last day of the SOP may be used to establish eligibility for the following summer.

(3) Applications received between July 1 and August 15 are valid for up to two periods of eligibility based on the SOP (June 15 through August 15) and the instructional period (July 1 through June 14) in effect when received.

(4) An application is considered filed for purposes of timely processing when it is received by the Department.

C. Required Information:

A SEBT application is considered complete if the following information is provided:

Names of children and other household members;

Amount, source, and frequency of current income for each household member; and

NOTE: If no mailing address is provided, OFI will be unable to send a card for the household to access benefits.

Incomplete Applications: The Department shall follow-up with a household that submits an incomplete application within 10 Business Days of receipt of the application. If the household provides no contact information, the Department will not follow-up on an incomplete application.

Manual Application Eligibility Standards:

At manual application, a child is considered eligible for SEBT if they are both:

Meeting income requirements for free or reduced price meal benefits based on one or more of the following:

n within 10 Business Days of receipt of the application. If the household provides no contact information, the Department will not follow-up on an incomplete application.

Manual Application Eligibility Standards:

At manual application, a child is considered eligible for SEBT if they are both:

Meeting income requirements for free or reduced price meal benefits based on one or more of the following:

(a) Household income of 185% of the FPL or below calculated using income received during the month prior to application for SEBT benefits. If such income does not accurately reflect the household’s annual income, income must be based on the projected annual household income. Income information already known to OFI from other benefit programs may be used for the purpose of determining the best representative time period.

(b) If the prior year’s income provides an accurate reflection of the household’s current annual income, the prior year may be used as a base for the projected annual income;

Receiving SNAP benefits,

Receiving FDPIR benefits,

Receiving TANF benefits,

Part of a household receiving MaineCare with Child Nutrition countable income below 185% of the FPL,

Homeless,

A Runaway,

A Foster Child,

Part of a family engaged in migrant agricultural work, or

Enrolled in Head Start;

and

Enrolled in an NSLP participating school.

3. DENIED APPLICATIONS: When the application furnished by a household is not complete or does not meet the eligibility criteria for SEBT benefits, the Department shall provide notice within fifteen Business Days of receipt.

Method of notification:

Written notice is provided to the extent contact information is provided or known to the Department.

Verbal notice is provided to households where a telephone number is the only contact information, and

No notice will be provided if there is no contact information available.

ia for SEBT benefits, the Department shall provide notice within fifteen Business Days of receipt.

Method of notification:

Written notice is provided to the extent contact information is provided or known to the Department.

Verbal notice is provided to households where a telephone number is the only contact information, and

No notice will be provided if there is no contact information available.

B. At a minimum, this notice must include:

The specific reason or reasons for the denial of benefits, e.g., income in excess of allowable limits or incomplete application;

Notification of the right to appeal;

Instructions on how to request an appeal; and

A statement reminding households that they may reapply for benefits at any time.

4. NOTIFICATION OF APPROVAL: The Department shall provide notification of a child’s approved status within fifteen Business Days of receipt of a complete application according to the contact information provided by the applicant if available:

If a mailing address is provided or otherwise available, written notice will be issued.

B. If a telephone number is provided or otherwise available but no mailing address, verbal notice will be issued.

C. If the applicant provides no contact information and current information is not otherwise known to the Department, the Department will not provide notice.

1. INCOME ATTESTATION: Income must be calculated based on information provided by the household unless there is cause for questioning information as reported on the application or the application is randomly selected as part of the 3% requiring verification (See Subsection 3.).

he application or the application is randomly selected as part of the 3% requiring verification (See Subsection 3.).

2. NSLP/SPB ENROLLMENT VERIFICATION: Confirmation of enrollment in an NSLP/SBP- participating school during the Instructional Year immediately preceding the Summer Operational Period for which benefits are being requested is required for children who apply by manual SEBT application. Children who are not in an NSLP or SBP- participating school in the immediately preceding Instructional Year cannot be deemed eligible for SEBT through submission of an application for SEBT benefits.

3. VERIFICATION SAMPLE: The Department will verify eligibility of children in a sample of household SEBT applications approved for benefits for the summer. Automatically enrolled households are excluded. The sample size will equal at least 3% of all applications approved from the start of the Instructional Year through April 1 of the school year immediately preceding the Summer Operational Period, selected randomly from all applications.

4. VERIFICATION FOR CAUSE: Verification for cause is determined on a case-by-case basis when there is questionable information that affects eligibility, such as an instance when the Department is aware of information that is conflicting or inconsistent with what was provided on the application. Households will have at least 10 days to provide verification, and the Office for Family Independence (OFI) must take action within thirty days of receipt of the application. Verification is not required of households if all children in the household are determined eligible based on documentation provided by an agency responsible for the administration of a Food Distribution Program on Indian Reservations (FDPIR) or if all children in the household are determined to be Foster, Homeless, Migrant, or a Runaway Child.

5. RESPONSIBILITY FOR PROVIDING VERIFICATION: The household has the primary responsibility for providing verification to support statements made on the application

documentation provided by an agency responsible for the administration of a Food Distribution Program on Indian Reservations (FDPIR) or if all children in the household are determined to be Foster, Homeless, Migrant, or a Runaway Child.

5. RESPONSIBILITY FOR PROVIDING VERIFICATION: The household has the primary responsibility for providing verification to support statements made on the application. The Department assists the household in obtaining this verification. The household is not required to present verification in person. The Department accepts any reasonable proof provided by the household and is primarily concerned with how adequately the verification proves the statement on the application form. When verification is unavailable, eligibility is determined based on the best available information known to the Department.

6. DIRECT VERIFICATION: The Department attempts to verify household income or Categorical Eligibility by matching against data sources or other records available to the Department prior to contacting households for documentation. The Department attempts to verify enrollment by data received from the Maine Department of Education (MDOE).

1. AVAILABILITY OF BENEFITS:

Benefits for the full 3-month Summer Operational Period are issued together in a single allotment. This allotment is intended for use during the Summer Operational Period.

B. Benefits that have not been used within one hundred twenty-two calendar days after issuance are expunged.

2. BENEFIT TRANSACTIONS:

In-person: SEBT benefits may be used in person at authorized retail locations that accept SNAP payments, including grocery stores, farmers’ markets, and other approved vendors.

B. Online: SEBT benefits may also be used to purchase eligible food items through approved online retailers that accept SNAP, in accordance with federal and state guidelines.

ssuance are expunged.

2. BENEFIT TRANSACTIONS:

In-person: SEBT benefits may be used in person at authorized retail locations that accept SNAP payments, including grocery stores, farmers’ markets, and other approved vendors.

B. Online: SEBT benefits may also be used to purchase eligible food items through approved online retailers that accept SNAP, in accordance with federal and state guidelines.

3. HOUSEHOLDS ELIGIBLE FOR PREPARED MEALS:

Meals-On-Wheels:

Eligible guardians of SEBT recipients sixty years of age or over or guardians who are housebound, physically handicapped, or otherwise disabled to the extent that they are unable to adequately prepare meals may use SEBT benefits to purchase meals for the household that are prepared for and delivered to them by a nonprofit meal delivery service authorized by USDA – Food and Nutrition Services (FNS).

Communal Dining Facilities:

Eligible guardians of Summer EBT recipients sixty years of age or over may use SEBT benefits issued to purchase meals for the household that are prepared at communal dining facilities authorized by FNS for that purpose.

C. Residents of Certain Institutions:

(1) Eligible residents of a group living arrangement may use SEBT benefits issued to them to purchase meals prepared especially for them at a group living arrangement which is authorized by FNS as an EBT retailer.

(2) Residents of shelters for battered individuals and children may use their SEBT benefits to purchase meals prepared especially for the household at a shelter which is authorized by FNS to redeem benefits.

s of a group living arrangement may use SEBT benefits issued to them to purchase meals prepared especially for them at a group living arrangement which is authorized by FNS as an EBT retailer.

(3) Residents of centers for the treatment of Substance Use Disorders may use SEBT benefits at a facility authorized by FNS to redeem benefits if there is a qualifying child in the household

D. Households Experiencing Homelessness:

SEBT households experiencing homelessness may use their benefits to purchase prepared meals for the household from authorized homeless meal providers.

DEFINITION OF INTENTIONAL PROGRAM VIOLATION: Intentional Program Violations occur when the household intentionally:

A. Makes a false or misleading statement, or misrepresents, conceals or withholds facts; or

B. Commits any act that constitutes a violation of SEBT regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of Summer EBT benefits or EBT cards.

APPLICATION OF PENALTIES: The penalties for SEBT Intentional Program Violations are applicable to individuals eighteen years of age or over who:

A. Were found to have committed a SEBT Intentional Program Violation; or

B. Were found to have ordered, coerced, persuaded, encouraged, or otherwise induced a person under the age of eighteen to commit a SEBT Intentional Program Violation

ts or EBT cards.

APPLICATION OF PENALTIES: The penalties for SEBT Intentional Program Violations are applicable to individuals eighteen years of age or over who:

A. Were found to have committed a SEBT Intentional Program Violation; or

B. Were found to have ordered, coerced, persuaded, encouraged, or otherwise induced a person under the age of eighteen to commit a SEBT Intentional Program Violation.

PERIOD OF INELIGIBILITY: Individuals found to have committed an Intentional Program Violation either through an administrative disqualification hearing or by a Federal, State or local court, or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, are ineligible to participate in the program as follows:

TRAFFICKING FOR CONTROLLED SUBSTANCE: An individual found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of a controlled substance is ineligible to participate in the program.

(1) For a period of twenty-four months upon the first occasion of such violation; and

(2) Permanently upon the second occasion of such violation.

B. TRAFFICKING FOR FIREARMS: Individuals found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives is permanently ineligible to participate in the program upon the first occasion of such violation.

C. TRAFFICKING OF $500 OR MORE: An individual convicted by a Federal, State or local court of having trafficked benefits for an aggregate amount of $500 or more is permanently ineligible to participate in the program upon the first occasion of such violation.

D. FRAUDULENT MISREPRESENTATION: An individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple SEBT benefits simultaneously is ineligible to participate in the program for a period of 10 years

s permanently ineligible to participate in the program upon the first occasion of such violation.

E. OTHER INTENTIONAL PROGRAM VIOLATIONS: All other individuals found to have committed an Intentional Program Violation either through an administrative disqualification hearing or by a Federal, State or local court, or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, are ineligible to participate in the program —

(1) For a period of twelve months for the first Intentional Program Violation,

(2) For a period of twenty-four months upon the second occasion of an Intentional Program Violation,

(3) Permanently for the third occasion of any Intentional Program Violation.

FAIR HEARINGS:

A Participant may dispute any Summer EBT (SEBT) decision or adverse action taken against the household by the Department. Participants have the right to a fair hearing, provided the request for a fair hearing is made timely (see Paragraph B below). OFI shall process any clear oral or written expression by the client or authorized representative requesting a hearing as a hearing request. A hearing request may also be submitted directly to the Division of Administrative Hearings.

The request for a fair hearing must be made within ninety calendar days of the communication of the disputed decision. If the disputed decision involves suspension or termination of SEBT benefits that have been previously granted, or a reduction of SEBT benefits, and the Participant requests a fair hearing within 10 days of the notice, SEBT benefits will not be recouped, pending the outcome of the fair hearing.

a fair hearing must be made within ninety calendar days of the communication of the disputed decision. If the disputed decision involves suspension or termination of SEBT benefits that have been previously granted, or a reduction of SEBT benefits, and the Participant requests a fair hearing within 10 days of the notice, SEBT benefits will not be recouped, pending the outcome of the fair hearing.

C. Unless specified otherwise in this section, all hearings-related matters are governed by 10-144 C.M.R. ch 1.

2. THE HEARING RECORD:

The Department shall retain the verbatim transcript or recording of testimony with exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the official proceeding for 3 years. This record is available, upon request, to the individual or their representative at any reasonable time for copying and inspection at no cost.

3. TIME LIMITS ON HEARINGS:

Hearings will routinely be held within sixty days of the request. If more than sixty days are needed to schedule a hearing, the Department will notify the participant of the hearing date as soon as the hearing date is confirmed. Decisions are implemented within 10 days of issuance of the decision.

B. The household may have the hearing postponed for up to thirty days. The time limit for the Department to hold the hearing is extended accordingly.

4. DEPARTMENTAL RESPONSIBILITIES:

The Department shall—

A. Provide without charge the specific Department documents requested by the client or their representative.

Provide an interpreter, if necessary.

C. Advise the household of legal services available.

5. RESTORATION OF BENEFITS:

Lost benefits must be restored whenever the loss was caused by the Department or by an administrative disqualification for Intentional Program Violation (IPV) which was subsequently reversed

charge the specific Department documents requested by the client or their representative.

Provide an interpreter, if necessary.

C. Advise the household of legal services available.

5. RESTORATION OF BENEFITS:

Lost benefits must be restored whenever the loss was caused by the Department or by an administrative disqualification for Intentional Program Violation (IPV) which was subsequently reversed. Benefits shall be restored for not more than twelve months prior to whichever of the following occurred first:

The date the request for restoration is received from an individual; or

(2) The date the Department is notified or otherwise discovers that a loss to an individual has occurred.

B. JUDICIAL ACTION:

Benefits must be restored which were found by any judicial action to have been wrongfully withheld.

If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits must be restored for a period of not more than twelve months from the date the court action was initiated.

When the judicial action is a review of a Department action, the benefits must be restored for a period of not more than twelve months prior to the earliest of the following dates:

The date a request for restoration was received.

If no request for restoration was received, the date the fair hearing action was initiated; or

The date the Department was notified of, or discovered, the loss.

C. Benefits must be restored even if the child is currently ineligible.

D. INDIVIDUALS DISQUALIFIED FOR IPV:

If the decision which resulted in an individual being disqualified for an IPV is subsequently reversed, the individuals are entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve months prior to the date the Department was notified of the reversal.

be restored even if the child is currently ineligible.

D. INDIVIDUALS DISQUALIFIED FOR IPV:

E. ISSUANCE OF RESTORATION:

Regardless of whether an individual is currently eligible or ineligible, benefits must be restored to an individual by issuing an allotment equal to the amount of benefits that were lost.

F. NOTIFICATION OF RESTORATION:

The Department shall notify individuals of their entitlement to restoration, the amount of benefits to be restored, any offsetting that was done, the method of restoration, and the right to appeal through the fair hearing process if they disagree with any aspect of the proposed restoration.

6. DISPUTED BENEFITS:

If an individual believes they are entitled to restoration of lost benefits, but the Department does not agree, or the individual does not agree with the amount to be restored, the individual has ninety days from the date of the decision to request a fair hearing.

If the individual believes they are entitled to a restoration of lost benefits, but the Department does not agree, the Department shall restore lost benefits only if the fair hearing decision is in the individual’s favor.

If the individual is disputing the amount of lost benefits that the Department has agreed to restore, the individual shall receive benefits as determined by the Department pending the result of the hearing. If the fair hearing decision is favorable to the individual, the Department shall restore lost benefits in accordance with that decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.