Title 902 | Chapter 018 | Regulation 040REG
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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
(Amended at ARRS Committee)
902 KAR 18:040.Fair hearing procedures for participants.
Section 1.
Fair Hearing Procedures.(1)
In accordance with 7 C.F.R. 246.9, a local agency shall inform an individual in writing of the right to a fair hearing and the method by which a hearing may be requested if(a)
Determined to be ineligible for the program;(b)
Disqualified or suspended during a certification period; or(c)
Issued a claim.(2)
(a)
(b)
Requests for a hearing shall be forwarded by the cabinet to the Office of Administrative Hearings within the Department of Law in accordance with KRS 15.111(2)(g), within two (2) working days of receipt.(c)
(d)(c)
The Office of Attorney General hearing official shall provide the person with at least twenty (20)(3)
The request for a hearing shall not be denied or dismissed(a)
The request is not received within the time limit established(b)
The request is withdrawn in writing by the appellant or a representative of the appellant;(c)
The appellant or representative fails, without good cause, to appear at the scheduled hearing; or(d)
The appellant has been denied participation by a previous hearing and cannot provide evidence that circumstances relevant to the WIC program eligibility have changed in a way that would justify a hearing.(4)
The state or local agency shall refer complaints that allege discrimination based on race, color, national origin, sex, handicap, or age to the Secretary of Agriculture or the Director of the Office of Equal Opportunity.(5)
The hearing shall be conducted in accordance with KRS Chapter 13B(6)(5)
(a)
(b)
(7)(6)
(a)
Participants who appeal the termination of benefits within the fifteen (15) day(b)
WIC program benefits1.
Applicants who are denied benefits at initial certification;2.
Participants whose certification periods have expired; or3.
Participants who become categorically ineligible.(c)
If the hearing officer's recommended order concerns disqualification and is in favor of(d)
If the decision regarding repayment of the benefits by the appellant is in favor of the state WIC agency, efforts to collect the claim shall be resumed, even during pendency of an appeal of a fair hearing decision.(8)(7)
(a)
The appellant may appeal a hearing officer's decision (b)
(9)(c)
Each party in the hearing shall have fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommended order with the cabinet.(10)(d)
A party may file a response to an opposing party's exceptions. The response shall be filed within twenty-five (25) days from the date the recommended order is mailed.(11)(e)
Exceptions and responses to exceptions shall be considered filed on the date they are received by the cabinet.(12)(8)
Any party aggrieved by the decision of the Cabinet for Health and Family Services, Office of the Secretary(13)
In accordance with 7 C.F.R. 246.8, complaints alleging civil rights discrimination for United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, shall be filed with the USDA, Director, Office of Adjudication and Compliance, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TTY).FILED WITH LRC: June 9, 2026
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
(Amended at ARRS Committee)
902 KAR 18:040.Fair hearing procedures for participants.
Section 1.
Fair Hearing Procedures.(1)
In accordance with 7 C.F.R. 246.9, a local agency shall inform an individual in writing of the right to a fair hearing and the method by which a hearing may be requested if the person is:(a)
Determined to be ineligible for the program;(b)
Disqualified or suspended during a certification period; or(c)
Issued a claim.(2)
(a)
A person shall request a fair hearing by contacting the state WIC agency within sixty (60) days from the date the person receives the adverse action letter by hand delivery, electronic mail, or certified mail.(b)
Requests for a hearing shall be forwarded by the cabinet to the Office of Administrative Hearings within the Department of Law in accordance with KRS 15.111(2)(g), within two (2) working days of receipt.(c)
The hearing shall be accessible to the appellant and shall be conducted as soon as practical. Notice of the hearing shall be given to all involved parties at least twenty (20) days in advance of the date set for the hearing unless otherwise required by 7 C.F.R. 246.9.(d)
The Office of Attorney General hearing official shall provide the person with at least twenty (20) days advanced written notice of the time and place of the hearing.(3)
The request for a hearing shall not be denied or dismissed unless:(a)
The request is not received within the time limit established by subsection (2)(a) of this section;(b)
The request is withdrawn in writing by the appellant or a representative of the appellant;(c)
The appellant or representative fails, without good cause, to appear at the scheduled hearing; or(d)
The appellant has been denied participation by a previous hearing and cannot provide evidence that circumstances relevant to the WIC program eligibility have changed in a way that would justify a hearing.(4)
The state or local agency shall refer complaints that allege discrimination based on race, color, national origin, sex, handicap, or age to the Secretary of Agriculture or the Director of the Office of Equal Opportunity.(5)
The hearing shall be conducted in accordance with KRS Chapter 13B.(6)
Decisions of the hearing official shall be based upon the application of KRS Chapter 194A, 42 U.S.C. 1786, 7 C.F.R. Part 246, 7 C.F.R. 278.6, or 902 KAR Chapter 18 as related to the facts of the case as established in the hearing record.(7)
(a)
Participants who appeal the termination of benefits within the fifteen (15) day advance adverse action notice period provided by 7 C.F.R. 246.7 shall continue to receive WIC program benefits until the hearing officer reaches a decision or the certification period expires, whichever occurs first.(b)
WIC program benefits shall not be provided or continued with a filed appeal in the following situations:1.
Applicants who are denied benefits at initial certification;2.
Participants whose certification periods have expired; or3.
Participants who become categorically ineligible.(c)
If the hearing officer's recommended order concerns disqualification and is in favor of the state WIC agency, as soon as administratively feasible any continued benefits shall be terminated.(d)
If the decision regarding repayment of the benefits by the appellant is in favor of the state WIC agency, efforts to collect the claim shall be resumed, even during pendency of an appeal of a fair hearing decision.(8)
The appellant may appeal a hearing officer's decision by filing exceptions to the recommended order with the Cabinet for Health and Family Services, Office of the Secretary, 275 East Main Street, 5W-A, Frankfort, Kentucky 40621.(9)
Each party in the hearing shall have fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommended order with the cabinet.(10)
A party may file a response to an opposing party's exceptions. The response shall be filed within twenty-five (25) days from the date the recommended order is mailed.(11)
Exceptions and responses to exceptions shall be considered filed on the date they are received by the cabinet.(12)
Any party aggrieved by the decision of the Cabinet for Health and Family Services, Office of the Secretary may seek judicial review of the decision by filing a petition in the circuit court of the county where the petitioner resides. Judicial review shall be in accordance with KRS 13B.140, 13B.150, and 13B.160.(13)
In accordance with 7 C.F.R. 246.8, complaints alleging civil rights discrimination for United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, shall be filed with the USDA, Director, Office of Adjudication and Compliance, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TTY).FILED WITH LRC: June 9, 2026
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.