42 C.F.R. § 431.233   State agency hearing after adverse decision of local evidentiary hearing.


Title 42 - Public Health


Title 42: Public Health
PART 431—STATE ORGANIZATION AND GENERAL ADMINISTRATION
Subpart E—Fair Hearings for Applicants and Recipients
Procedures

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§ 431.233   State agency hearing after adverse decision of local evidentiary hearing.

(a) Unless the applicant or recipient specifically requests a de novo hearing, the State agency hearing may consist of a review by the agency hearing officer of the record of the local evidentiary hearing to determine whether the decision of the local hearing officer was supported by substantial evidence in the record.

(b) A person who participates in the local decision being appealed may not participate in the State agency hearing decision.

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