WAC 388-458-0040   What happens if I ask for a fair hearing before the change happens?  (1) If you ask for a fair hearing within the ten-day notice period, you may keep getting the amount of benefits you were getting before the change. This is called continued benefits.

     (2) If the tenth day falls on a weekend or holiday, you have until the next business day to ask for a fair hearing and still be able to get continued benefits.

     (3) If the tenth day happens before the end of the month, you have until the end of the month to ask for a fair hearing and still be able to get continued benefits.

     (4) For food assistance, you cannot get continued benefits if your certification period is ending.

     (5) If you get continued benefits, you keep getting them through the end of the month the fair hearing decision is mailed unless:

     (a) You:

     (i) Tell us in writing that you do not want continued benefits;

     (ii) Withdraw your fair hearing request in writing; or

     (iii) Do not follow through with the fair hearing process.

     (b) An administrative law judge (ALJ) tells us in writing to stop your continued benefits before the hearing.

     (c) For food assistance, your certification period ends.

     (6) After the fair hearing, you have to pay back continued benefits you get, as described in chapter 388-410 WAC, if the ALJ agrees with our decision.



[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-16-087, § 388-458-0040, filed 7/25/01, effective 9/1/01.]