West Virginia Code § 9-8-7

Notice and right to be heard
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(a) An applicant shall be given written notice and the opportunity to explain any issues with
the application or redetermination as set forth in §9-8-6 of this code. Self-declarations by
applicants or recipients shall be accepted as verification of categorical and financial
eligibility if no other verification source is available. In cases requiring expedited services an
applicant's statement may be temporarily accepted until such time as verification is possible.
(b) The notice given to the applicant or recipient is required to describe the circumstances of
the issue, the manner in which the applicant or recipient may reuspond, and the
consequences of failing to take action. If the applicant does not respond timely as required
by federal law, the department shall take appropriate action. The department may request
additional information as it finds necessary to reach a decision.
(c) An individual may respond in writing, electronically, or verbally. If an individual responds
verbally, staff shall note the time and contents of thle response in the individual's file. The
response by the individual may: s
(1) Disagree with the findings of the deparitment. The department shall reinvestigate the
matter if the applicant or recipient disagrees. If the department finds that there has been an
error, the department shall take immediate action to correct it. If the department determines
that there is no error, the department shall determine the effect of the response on the
applicant's or recipient's case and take appropriate action. Written notice of the
department's action shall be given to the applicant or recipient; or
(2) Agree with the findings of the department. The department shall determine the effect on
the applicant's or rec ipient's case and take appropriate action. Written notice of the
department's Vaction shall be given to the applicant or recipient.
(d) If the applicant fails to respond to the notice, the department shall deny or discontinue
assistance for failure to verify information. Eligibility for assistance may not be established
or reestablished until the issue has been resolved.

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