Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.675 - Advance Notice of an ADH
Current through Register 1531, September 27, 2024
The Department shall provide advance notice of an ADH in accordance with 106 CMR 367.625. No notice shall be sent and no ADH shall be held unless it is determined that the client received the penalty warning in the appropriate language prior to the date of the suspected IPV. This notice shall be sent by First Class Mail and shall contain:
(A) the date, time, and place of the hearing;
(B) the charge(s) against the household member;
(C) a summary of the evidence, and how and where it can be examined;
(D) a warning that the decision will be based solely on information provided by the Department if the household member fails to appear at the hearing;
(E) a warning that a finding that an IPV was committed will result in a 12-month period of disqualification for the first finding; a 24-month period of disqualification for the second finding; and permanent disqualification for the third finding;
(F) a listing of the household member's rights provided in 106 CMR 367.400;
(G) a copy of the Department's hearing procedures;
(H) a statement that the household member may call the local office to obtain the name and telephone number of someone who can provide free legal advice; and
(I) a statement that the household member or authorized representative has ten days from the date of the scheduled hearing to present good cause for failure to appear, in order to receive a new hearing.
