46-205. Appeal to state department from denial of application or failure of the local office to act; consideration by state department on own motion

A. If the local office of the department does not act with reasonable promptness on an application, or if the application is denied wholly or in part by the local office of the department, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

B. The state department may also, upon its own motion, receive and consider any application upon which a recommendation has not been made by the local office of the department within a reasonable time. The state department may make additional investigation as it deems necessary, and shall make a decision as to granting assistance or service and the amount of assistance or service to be granted the applicant which in its opinion is justified and in conformity with the provisions of this title. If the application is denied wholly or in part by the state department, or if any award or assistance or service is modified or cancelled by the state department, the applicant or recipient may appeal to the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

C. All decisions of the state department shall be subject to review pursuant to title 41, chapter 14, article 3.