Current through Register Vol. 46, No. 39, September 25, 2024
(a) Notification to applicants. Each
applicant household shall be notified in writing of the local department's
decision regarding his application.
(1) Notice
of certification/acceptance. When an application for food stamps has been
approved and a household is certified for participation in the food stamp
program, a written notice must be sent to the household which complies with the
requirements of section
358-3.3 of
this Title.
(2) Notice of
ineligibility/denial. When an application for food stamp benefits is denied
because the household is found ineligible, a written notice of denial must be
sent which complies with the requirements of section
358-3.3 of
this Title.
(3) Notice of pending
status. When the local department has failed to take action on an application
within 30 days of the filing of the application, a notice shall be sent to the
household advising them of the pending status. In situations where the
household has failed to comply with program requirements, the local department
shall take action as detailed in section
387.14(a)(4)
of this Part prior to sending the household a notice of denial.
(4) Withdrawal of application. When a
household withdraws an application, the particulars regarding the withdrawal
shall be recorded in the case record. The local social services department may
notify the applicant of the termination of the application. A household which
voluntarily withdraws its application prior to the determination of eligibility
shall not have its right to reapply at any subsequent time adversely affected
by the earlier withdrawal.
(b) Notification to recipients. Each food
stamp household must be notified in writing of any change, including a
reduction, termination or increase of the household's food stamp benefits. The
notice must comply with the requirements of section
358-3.3 of
this Title.
(c) Exemptions from
notice. Individual notices of proposed action are not required in the
circumstances set forth in section
358-3.3(e)
of this Title.
(d) Informing
applicants of right to conference or fair hearing. Every applicant must be
informed in writing at the time of application of:
(1) the right to an agency
conference;
(2) the right to a
State fair hearing;
(3) the method
by which the individual may obtain a conference or hearing;
(4) the right to be represented by legal
counsel, or by a relative, friend or other spokesperson, or that individual may
represent himself or herself; and
(5) the community legal services available to
assist that individual in the conference or fair hearing.
