A-1870, Appeals

Revision 23-3; Effective July 1, 2023

TANF and SNAP

A person is entitled to a hearing to contest the:

  • decision not to allow an exemption; and
  • denial or reduction of benefits because of noncompliance.

TANF

If, during the adverse action notice period, the person appeals a noncompliance penalty:

  • process the request;
  • update the work registration code as Code K to indicate the person is appealing the Choices sanction; and
  • provide continued benefits, if applicable, following procedures in the related policy about handling benefits during the appeal process. The person may choose to waive the right to continued benefits instead.

The hearing officer notifies both HHSC staff and Choices staff about the hearing date and the Choices noncompliance appeal decision.

If the person requests continued benefits and the hearing officer sustains the decision, change the work registration status from “appeal pending with Choices” (Code K) to “sanctioned for Choices nonparticipation” (Code W) to show the person is sanctioned. Then:

  • add the penalty with the original penalty start date;
  • file a claim to recover benefits for the months the person received continued benefits; and
  • deny the EDG as explained in the related full family sanction policy, if the household failed to cooperate with the Personal Responsibility Agreement for two consecutive months.

If the hearing decision was reversed, enter the appropriate work registration status in TIERS.

SNAP

If the person appeals the noncompliance penalty during the adverse action advance notice period:

  • process the appeal request for:
    • voluntary quit or reduction in hours; or
    • noncompliance with E&T. The hearing officer notifies both the HHSC staff and TWC staff of the hearing date.
  • provide continued benefits following procedures in the related continued benefits policy, unless the person waives the right to continued benefits. 

Note: If someone appeals a first offense, offer the person an opportunity to sign Form H1808, Agreement to Follow SNAP Work Rules, before the end of the one-month minimum penalty period. 

If the person requests continued benefits and the hearing officer sustains the decision:

  • impose the penalty for the remaining number of months, if appropriate;
  • update the E&T penalty counter on an active EDG after the penalty expires, if appropriate; and
  • file a claim to recover benefits for the months the person  received continued benefits.

Related Policy 

Full-Family Sanction, A-2140
Handling of Benefits During the Appeal Process, B-1050
Continued Benefits, B-1051