1434 NOTICE REQUIREMENTS
1434.05 NOTICE OF ADVERSE ACTION
EFF: 10/2008
A decision on continuing eligibility (prospectively) must be made as
soon as it becomes known that a change in a family's income, resources,
and/or circumstances will affect the payment (see Section 1426).
When it is determined that a change in the recipient's circumstances
will result in a reduction, suspension, or discontinuance of a payment,
the recipient must be notified by issuing a notice of adverse action at
least ten (10) days prior to the effective date.
The notice must contain:
- the reason for the proposed action and the agency
policy which requires the action;
- an explanation of the opportunity to discuss the
action with the eligibility technician authorizing
the discontinuance, suspension or reduction in
payment;
- an explanation of the opportunity to have an
Adjustment Conference with the Supervisor;
- an explanation of the provision for continuance of
the payment if a hearing is requested in writing
within the ten day period of the date of the
notice; and
- an explanation of the opportunity to request a
hearing within thirty (30) days of the date of the
notice, along with the “Request for a Hearing” form
(DHS-121).
1434.05.05 When Timely Notice Not Required
EFF: 10/2008
Where timely notice is not required, an adequate notice must be sent
not later than the date of action when:
- the agency has factual information confirming the death
of a recipient or of the payee when there is no
relative available to serve as new payee;
- The agency receives a clear written statement signed by
a recipient that s/he no longer wishes assistance, or
that g