Current through March 20, 2024
A Notice of Action is sent to inform the applicant or
recipient of any action affecting his or her eligibility.
009.01
ADEQUATE
NOTICE. An adequate notice must include a statement of what action
the Department intends to take, the reason for the intended action, the
specific regulation or guidance document that supports the action, or the
change in federal or state law that requires the action.
009.02
TIMELY
NOTICE. A timely notice must be dated and mailed at least ten
calendar days before the date that action would become effective, which is
always the first day of the month.
009.03
ADEQUATE AND TIMELY
NOTICE. In cases of intended adverse action, including action to
discontinue, terminate, suspend, or reduce assistance, or to change the manner
or form of payment or service to a more restrictive method, such as a
protective payee, the applicant or recipient is given adequate and timely
notice.
009.04
SITUATIONS REQUIRING ADEQUATE NOTICE ONLY. In the
following situations, only adequate notice is required:
(A) The Department has factual information
confirming the death of an individual in the unit;
(B) The Department receives a written and
signed statement from an individual in the unit:
(i) Stating that assistance is no longer
required; or
(ii) Giving
information which requires termination or reduction of assistance, and
indicating, in writing, that the individual understands the consequences of
supplying such information;
(C) An individual in the unit has been
admitted or committed to an institution, and no longer qualifies for
assistance;
(D) An individual in
the unit has been placed in skilled nursing care, intermediate care, or
long-term hospitalization or the individual is receiving assisted living waiver
services;
(E) An individual in the
unit's whereabouts are unknown and agency mail directed to the individual has
been returned by the post office indicating no known forwarding
address;
(F) An individual in the
unit has been accepted for assistance in another state and that fact has been
established; or
(G) A child in the
unit is removed from the home as a result of a judicial determination or is
voluntarily placed in foster care.
009.05
WAIVER OF
NOTICE. An applicant or recipient may agree to waive their right
to a timely notice in situations that require timely notice by providing a
signed statement indicating their choice to waive the notice.
009.06
IN FRAUD
CASES. At least five days' advance written notice must be given
if:
(A) The Department has facts indicating
that action should be taken to discontinue, terminate, or reduce assistance
because of probable fraud by the client; and
(B) The facts have been verified where
possible through collateral sources.
009.07
CONTINUATION OF
BENEFITS. Adverse action will not be carried out pending an appeal
hearing if:
(1) The action being appealed
required adequate and timely notice;
(2) The individual requests an appeal hearing
in writing within ten days following the date the Notice of Action is mailed;
and
(3) The individual does not
refuse continued assistance.
009.07(A)
CONTINUATION OF NORMAL
CASE ACTIONS. Normal case actions, including implementing changes
to the assistance case that are not directly related to the appeal issue, are
still completed pending an appeal hearing.
009.07(B)
BENEFIT
RECOVERY. If the Department's action is sustained by the hearing
decision, the benefits received by the unit during the appeal period are
subject to recovery.
009.07(C)
REFUSAL OF CONTINUED BENEFITS. An individual may
refuse continuation of benefits pending an appeal hearing.
