The client or their representative may ask for a hearing delay. Before the hearing starts, the delay is a postponement. After the hearing starts, the delay is a continuance.
A request for a postponement must be sent in writing, by mail or fax, to the Bureau of Assistance Hearings (BAH). BAH must receive the request in writing at least 2 workdays prior to the scheduled hearing date for the request to be timely. A request that is not timely must show good cause, except for the first request for postponement of a SNAP appeal.
The appellant's first request for postponement of a SNAP appeal does not have to be timely or show good cause. The appellant's first request for postponement of a non-SNAP appeal does not have to show good cause if it is timely. All other requests for postponement will be granted only if they show good cause.
Good cause includes, but is not limited to:
- death in the family;
- personal injury or illness that reasonably keeps the appellant from attending the hearing; and
- sudden and unexpected emergency or other circumstances beyond the appellant's control, which reasonably keeps them from attending the hearing.
After the hearing starts, the appellant or their representative may verbally request that it be continued at a later time. They must have good cause, unless it is their first request for a hearing delay.
If the request for postponement or continuance is granted, BAH reschedules the hearing as soon as possible and notifies the parties of the new date, time, and place of the hearing.
Except for the first request for a postponement in a SNAP appeal, the appellant and representatives are expected to appear for the hearing unless notified that the postponement has been granted. The appeal is dismissed if they fail to appear. BAH sends a written notice of dismissal to the appellant and their representatives.
For Cash and Medical programs, the hearing may be delayed for any length of time based on the judgment of the hearing officer. If the request is allowed, extend the 90-day time limit by the same amount of time.
For SNAP cases, the client may request a delay of the hearing for up to 30 days. If the request is allowed, extend the 60-day time limit of the SNAP appeal process by the same amount of time.
Document in the case file the reason for any delay.