Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 7 - APPEALS, FAIR HEARINGS AND TAF/GA DISQUALIFICATION HEARINGS
Section 30-7-65 - Notice to recipients of intended action
Universal Citation: KS Admin Regs 30-7-65
Current through Register Vol. 43, No. 39, September 26, 2024
(a)
(1) "Adequate notice" means a written notice
that includes a statement of what action the agency intends to take, the
reasons for the intended agency action, the specific policies supporting the
action, an explanation of the individual's right to request a fair hearing, and
the circumstances under which assistance is continued if a hearing is
requested.
(2) "Timely" means that
the notice is mailed at least 10 days before the date upon which the action
would become effective. Saturdays, Sundays, and legal holidays shall be counted
as part of the 10-day period.
(b) When the agency intends to take action to discontinue, terminate, suspend, or reduce assistance, timely and adequate notice shall be given by the agency, except as set forth in subsection (c) of this regulation.
(c) Under the following circumstances, timely notice shall not be required, but an adequate notice shall be sent by the agency not later than the date of action:
(1) when the agency has factual information
confirming the death of a recipient or of the TAF payee and there is no
relative available to serve as a new payee;
(2) when the agency receives a clear written
statement signed by a recipient indicating that the recipient no longer wishes
assistance;
(3) when the recipient
provides written information to the agency that requires termination or
reduction of assistance, and the recipient has indicated, in writing, an
understanding that termination or reduction of assistance will be the
consequence of supplying the information;
(4) when the recipient has been admitted or
committed to an institution and further payments to that individual are not
authorized by program regulations as long as the person resides in the
institution;
(5) when the
recipient has been placed in skilled nursing care, intermediate care or
long-term hospitalization;
(6)
when the recipient's whereabouts are unknown and agency mail directed to the
recipient has been returned by the post office indicating no known forwarding
address. However, the check shall be made available to the recipient if the
recipient's whereabouts become known during the payment period covered by a
returned check;
(7) when the
agency has established that a recipient has been accepted for assistance in a
new jurisdiction;
(8) when a child
is removed from the home as a result of a judicial determination or voluntarily
placed in foster care by the child's legal guardian;
(9) when a change in the level of medical
care is prescribed by the recipient-patient's physician;
(10) when a special allowance granted for a
specific period is terminated and the recipient was informed in writing at the
time the allowance was granted that it would automatically terminate at the end
of the specified period;
(11) when
the agency takes action because of information the recipient furnished in a
monthly status report or because the recipient has failed to submit a complete
or a timely monthly status report without good cause; or
(12) when the recipient is disqualified due
to fraud in one of the following ways:
(A) by
a court of appropriate jurisdiction;
(B) by an administrative disqualification
hearing process in accordance with K.A.R. 30-7-102; or
(C) through a waiver of an administrative
disqualification hearing in accordance with K.A.R. 30-7-103.
(d) This regulation shall take effect on and after March 1, 1997.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
