Sec. 07.01.04.19. Final Decision of the Secretary

A. Within 90 calendar days of the filing of the appeal request:

(1) The Secretary shall issue a final decision; and

(2) The agency shall complete all administrative or corrective action necessary to implement the decision.

B. The Secretary's final decision may:

(1) Adopt the proposed decision in whole or in part;

(2) Modify the proposed decision;

(3) Replace the proposed decision; or

(4) Remand the case to the administrative law judge to take additional evidence or prepare and submit a revised proposed decision.

C. The Secretary's final decision shall:

(1) Include written notice of the appellant's right to judicial review; and

(2) Be binding on the agency.

D. If the decision is favorable to the agency, the agency may:

(1) Take immediate steps to implement the decision; and

(2) Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt.

E. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision:

(1) Comply with the decision;

(2) Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency:

(a) Receives the request for a restoration of benefits, or

(b) Discovers that the loss has occurred; and

(3) Immediately notify the Secretary that it has completed all required action.