The chief executive officer of the Department of Health and Human Services, or his or her designated representative, shall provide for granting an opportunity for a fair hearing to any individual whose claim for assistance to the aged, blind, or disabled, aid to dependent children, emergency assistance, medical assistance, commodities, or Supplemental Nutrition Assistance Program benefits is denied, is not granted in full, or is not acted upon with reasonable promptness. An appeal shall be taken by filing with the department a written notice of appeal setting forth the facts on which the appeal is based. The department shall thereupon, in writing, notify the appellant of the time and place for hearing which shall be not less than one week nor more than six weeks from the date of such notice. Hearings shall be before the duly authorized agent of the department. On the basis of evidence adduced, the duly authorized agent shall enter a final order on such appeal, which order shall be transmitted to the appellant.
Notes of Decisions
Maldonado v. Nebraska Dep't of Pub. Welfare, 391 N.W.2d 105 (Neb. 1986).
· cites it 3× “Before filing her petition, Maldonado had exhausted her administrative appeals pursuant to Neb. Rev. Stat. § 68-1016 (Reissue 1981).”
Gosney v. Dep't of Pub. Welfare, 291 N.W.2d 708 (Neb. 1980).
· cites it 2× “This decision was appealed to the DPW under the provisions of Neb. Rev. Stat. §§ 68-1016 and 68-1024, (Reissue 1976), and a hearing was held on March 9, 1977.”
Downer v. Ihms, 223 N.W.2d 148 (Neb. 1974).
· cites it 14× “This action arises from a hearing before the Department of Public Welfare under the provisions of section 68-1016, R. R. S. 1943. The Department of Public Welfare, after the hearing, terminated the plaintiff’s eligibility for disability aid.”
Zybach v. State, 411 N.W.2d 627 (Neb. 1987).
· cites it 2× “This notice constituted an appeal to the director from the denial of assistance to appellee by the Department’s local office, pursuant to Neb. Rev. Stat. § 68-1016 (Reissue 1986).”
Dobrovolny v. Dunning, 375 N.W.2d 123 (Neb. 1985).
“Her request was denied on July 21, 1983, and she appealed the decision to the director of the Department of Social Services pursuant to the provisions of § 68-1016 (Cum. Supp. 1984). A hearing was held before a hearing examiner designated by the director on August 31, 1983.”
Downer v. Graham, 223 N.W.2d 148 (Neb. 1974).
· cites it 17× “This action arises from a hearing before the Department of Public Welfare under the provisions of section 68-1016, R.R.S. 1943. The Department of Public Welfare, after the hearing, terminated the plaintiff's eligibility for disability aid.”
Zybach v. Dept. of Soc. Servs., 411 N.W.2d 627 (Neb. 1987).
· cites it 2× “This notice constituted an appeal to the director from the denial of assistance to appellee by the Department's local office, pursuant to Neb. Rev.Stat. § 68-1016 (Reissue 1986). A hearing was held on this appeal, apparently by an administrative judge, on August *629 21, 1985.”
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