Right to an Appeal Hearing
This subject includes information about the appeal rights of a participant.
Policy
The participant has the right to ask for a legal review of their NA or CA case when they disagree with a decision or action taken by the FAA. This legal review is called an Appeal.
The participant can request an appeal when any of the following occurs:
●The right to apply for benefits has been denied.
●An application has been denied.
●FAA did not act on the application within the correct time frames.
●NA or CA benefits are stopped.
●NA or CA benefits were reduced or withheld.
●They disagree with the amount of NA or CA benefits received.
●They disagree that an NA or CA overpayment exists or disagree with the overpayment amount.
●They disagree with ineligibility for Transitional Child Care.
●They disagree with an EBT adjustment made to their account.
When the participant asks for an appeal hearing, they have the right to all of the following:
●Be represented by a lawyer or a person they have authorized.
●Meet with FAA before the hearing to discuss the case to see whether the issue can be resolved without a hearing.
●Get a copy of the laws, rules, or policies used to make the decision.
●Review, obtain or copy a portion of the case record necessary for proper presentation of the case.
●Examine documents to be used by the state at the hearing.
●Bring witnesses to the hearing.
●Establish all pertinent facts and circumstances.
●Present an argument without undue interference.
●Present additional documents and testimony at the hearing.
●Question any testimony or evidence.
●Disagree with an Electronic Benefit Transfer (EBT) retailer debit to their account, or when an EBT credit is denied.
●Have an interpreter or alternative form of communication furnished when needed.
![Under Construction Under Construction](../FAA1/images/image1.png)
This section is under construction. For more details about how to request an appeal hearing for NA and CA, see
Appeals – Overview.
Legal Authorities
7 CFR 273.2(a)(1)
7 CFR 273.2(e)(1)
45 CFR 206.10(a)(2)(i)
last revised 04/11/2022