A. The local
office shall notify a household of any change from its prior benefit level, the
reason for the action and the date the action becomes effective on the Notice
of Action form except as specified in Section 4.608.1 . The Notice of
Overpayment form is used as the Notice of Adverse Action for claims and the
resulting recoupment for failure to respond.
B. Households shall receive advance Notice of
Adverse Action, giving at least ten (10) calendar days advance notice, plus one
additional calendar day for mailing time, before any adverse action, such as a
benefit reduction, suspension, termination or denial, becomes effective during
the certification period, except as specified in Section 4.608.1 . Households
participating in the address confidentiality program (ACP) shall receive five
(5) additional calendar days for mailing time.
When acting on a change, if the ten (10) calendar day advance
notice period, plus the additional calendar day(s) for mailing time, can be
given in the month the Notice of Adverse Action is sent, the notice shall be
effective on the last day of the month the notice is sent.
If the ten (10) calendar day advance notice period, plus the
additional calendar day(s) for mailing, extends into the following month, the
notice shall be effective on the last day of the month the notice expires. The
notice of adverse action expires eleven (11) calendar days from the date it is
issued or fifteen (15) calendar days for households participating in the ACP.
The notice shall explain the reason for the proposed action and the date the
action becomes effective.
If the advance notice period ends on a weekend or holiday and
a request for a fair hearing and continuation of benefits are received the
business day after the weekend or holiday, the request shall be considered
timely received.
For changes that result in a decreased allotment or
ineligibility, the local office shall issue a notice of adverse action within
ten (10) calendar days of the date the change is considered reported, which
will affect the next regularly scheduled allotment after the month in which the
advance Notice of Adverse Action period expires.
C. Prior to the effective date of the Notice
of Adverse Action, a participant household may request a conference with the
staff of the certification office responsible for the decision to take the
adverse action, or the household may file an appeal of such action.
D. The participant household may also, prior
to the effective date of the Notice of Adverse Action, either before or after
the conference, appeal the proposed action. Households that timely request a
hearing may be entitled to continued benefits. The eligibility technician shall
explain to the household that a demand will be made for any benefits determined
by the hearing officer to have been over-issued.
4.608.1
Changes Not Requiring Advance
Notice of Adverse Action
Advance Notice of Adverse Action may be given, but is not
required in the following situations:
A. The state department initiates mass
changes outlined in Section 4.607, A. Such changes must be publicized in
advance. Announcements may be handed out or mailed to affected participant
households.
B. The local office
determines based on reliable information that meets verification requirements
that all members of a household have died.
C. The local office determines based on
reliable information that meets verification requirements that the household
has moved from the project area.
D.
The household has been receiving an increased allotment to restore lost
benefits, the restoration is complete, and the household was previously
notified in writing of when the increased allotment would terminate.
E. The household's allotment varies from
month to month within the certification period to consider changes that were
anticipated at the time of certification, and the household was notified at the
time of certification.
F. The
household applied for PA and SNAP jointly and has been receiving SNAP benefits
pending the approval of the PA grant and was notified at the time of
certification that SNAP benefits would be reduced upon approval of the PA
grant.
G. The certification office
has elected to assign a longer certification period to a household certified on
an expedited basis and for whom verification was postponed provided the
household has received prior written notice that verification may result in a
reduction in benefits.
H. As a
result of the facility's loss of state or USDA/FNS authorization, the local
office terminates eligibility of those residents in a drug or alcohol treatment
center or group living arrangement, who are certified with the facility acting
as authorized representative.
I. A
household member is disqualified for an IPV/fraud or the benefits of the
remaining household members are reduced or terminated to reflect the
disqualification of that household member.
J. Converting a household from cash and/or
SNAP repayment for claims to allotment reduction because of a failure to make
agreed-on repayments.
K. The
household was issued a repayment agreement for a claim and failed to respond.
For households participating in the program that do not respond to the
repayment agreement, benefit recoupment will be initiated.
L. A change that is reported at
recertification for a household certified for six (6) months, or at periodic
report for a household certified for twenty-four (24) months, which results in
a decrease to the household's SNAP allotment.
Notes
10 CCR 2506-1-4.608
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
