53-2-606. Right of appeal. (1) If an application for assistance for food stamps, cash assistance or nonfinancial assistance, as defined in 53-2-902, or medicaid is not acted upon promptly or if a decision is made by which the applicant or recipient is aggrieved, the applicant or recipient may appeal to the board of public assistance for a fair hearing by addressing a request for a hearing to the department. The board of public assistance shall, upon receipt of a request for a hearing, give the applicant or recipient prompt notice and opportunity for a fair hearing.

(2) The department may upon its own motion review any decision of a local office of public assistance and may consider any application upon which a decision has not been made within a reasonable time from the filing of the decision. The department may have an additional eligibility determination made and shall determine whether and in what amount assistance is to be granted under the provisions of this title.

(3) If the department reviews a decision on its own motion, applicants or recipients affected by the decisions of the department must upon request be given reasonable notice and an opportunity for a fair hearing by the board of public assistance.

History: En. Sec. 12, Part 1, Ch. 82, L. 1937; amd. Sec. 7, Ch. 199, L. 1951; amd. Sec. 1, Ch. 24, L. 1953; amd. Sec. 24, Ch. 121, L. 1974; R.C.M. 1947, 71-223; amd. Sec. 15, Ch. 561, L. 1993; amd. Sec. 417, Ch. 546, L. 1995; amd. Sec. 8, Ch. 486, L. 1997; amd. Sec. 10, Ch. 465, L. 2001; amd. Sec. 21, Ch. 571, L. 2001; amd. Sec. 8, Ch. 41, L. 2019.