(1)
Prior to any action to reduce or terminate a household's SNAP benefits within
the certification period, the household shall be provided with a timely and
adequate advance notice before the adverse action is taken, unless the change
was reported by the household in writing. A written change report submitted by
the household is subject to the adequate notice requirements in subsection C of
8.139.120.15 NMAC.
(2) At a
minimum, the adverse action notice shall include the following information:
(a) proposed action and reason for the
action;
(b) month in which the
change takes effect;
(c) adjusted
benefit amount;
(d) household's
right to request a fair hearing, circumstances under which the household can
continue benefits at the greater amount, and deadline dates for requesting a
hearing;
(e) household's liability
for any benefits over issued if the decision of the fair hearing is that the
department took the correct action;
(f) general information on whom to contact
for additional information, including the right to representation by legal
services.
(3) Individual
notices of adverse action shall not be provided when:
(a) there is a mass change;
(b) ISD determines on the basis of reliable
information that the household has moved from the project area;
(c) ISD determines on the basis of reliable
information that all members of a household have died;
(d) the household has received an increased
benefit amount to restore lost benefits, the restoration is complete, and the
household has been notified in writing of the date the increased benefit amount
would terminate;
(e) the
household's benefit amount varies from month to month within the certification
period to take into account changes anticipated at the time of certification,
and the household was notified of such variations at the time of
certification;
(f) the household
applied for cash assistance and SNAP benefits at the same time, has been
receiving SNAP benefits pending approval of cash assistance, and the household
was notified at the time of certification that SNAP benefits would be reduced
upon approval of the cash assistance grant;
(g) a household member is disqualified for
intentional program violation, or the benefits of the remaining household
members are reduced or terminated to reflect the disqualification of the
household member.
(h) the household
was certified on an expedited basis, is assigned a certification period longer
than one month, and verification has been postponed; the household must have
received written notice that receipt of benefits beyond the month of
application is contingent on the household providing the postponed
verification;
(i) the eligibility
of a resident of a drug or alcoholic treatment center or a group living
arrangement is terminated because the treatment center or group living
arrangement loses either its certification or its status as authorized
representative;
(j) the household
voluntarily requests, in writing or in the presence of ISD, that its
participation be terminated.