422.276 - Appeal to Department by applicant for or recipient of public assistance or services; notice of initial decision; hearing. - Nevada Statutes

422.276  Appeal to Department by applicant for or recipient of public assistance or services; notice of initial decision; hearing.

      1.  Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the Department within a reasonable time after the filing of the application or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance or services may appeal to the Department and may be represented in the appeal by counsel or other representative chosen by the applicant or recipient.

      2.  Upon the initial decision to deny, reduce, suspend or terminate public assistance or services, the Department shall notify that applicant or recipient of its decision, the regulations involved and the right to request a hearing within a certain period. If a request for a hearing is received within that period, the Department shall notify that person of the time, place and nature of the hearing. The Department shall provide an opportunity for a hearing of that appeal and shall review the case regarding all matters alleged in that appeal.

      3.  The Department is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this State that requires an automatic adjustment to the amount of public assistance or services that may be received by an applicant or recipient.

      (Added to NRS by 1981, 1908; A 1985, 857; 1993, 2064; 1997, 2238; 1999, 2229)—(Substituted in revision for NRS 422.294)