(1) You are not entitled
to an individual adverse action notice when:
(i) a mass change is initiated which affects
all food stamp households or significant portions thereof; or
(ii) based on reliable information, the
social services agency determines that all members of your household have died
or that the household has moved from the social services district or will not
be residing in the social services district and will be unable therefore to
obtain its next food stamp allotment from such district; or
(iii) your certification period has expired,
you were previously informed of the expiration, and you have not reapplied for
benefits; or
(iv) your household
has been receiving an increased food stamp allotment to restore lost benefits,
the restoration is complete, and the household was previously notified in
writing of the date when the increased food stamp allotment would terminate;
or
(v) your household's allotment
of food stamp benefits varies from month to month within the certification
period to take into account changes which were anticipated at the time of
certification, and the household was notified that the food stamp allotment
would vary at the time of certification; or
(vi) your household applied jointly for
public assistance and food stamp benefits and has been receiving food stamp
benefits pending the approval of the public assistance grant and was notified
at the time of food stamp certification that food stamp benefits would be
reduced upon approval of the public assistance grant; or
(vii) a household member is disqualified from
the Food Stamp Program for an intentional program violation in accordance with
Part 359 or Part 399 of this Title or the food stamp benefits of the remaining
household members are reduced or terminated to reflect the disqualification of
that household member; or
(viii)
the social services agency has elected to assign a longer certification period
to your household which was certified on an expedited basis and for which
verification was postponed. The household must have received written notice
that in order to receive benefits past the month of application the household
must provide the verification which was initially postponed and the social
services agency may act on the verified information without further notice;
or
(ix) a social services agency
has converted your household from cash repayment of an intentional program
violation claim or an inadvertent household error to benefit reduction, as a
result of the household's failure to make an agreed upon cash repayment;
or
(x) you are a resident of a
treatment center or group living arrangement which is determined to be
ineligible for food stamp benefits because the facility has either lost its
certification from the appropriate State agency/agencies or lost its status as
an authorized representative due to its disqualification by the Federal Food
and Nutrition Service as a retailer. However, residents of group living
arrangements applying on their own behalf may remain eligible to participate in
the Food Stamp Program; or
(xi)
your household voluntarily requests, in writing or in the presence of an agency
employee, that its food stamp benefits be terminated. If the household does not
provide a written request, the social services agency must send the household a
letter confirming the voluntary withdrawal.
(2) Mass changes.
(i) When the Federal government initiates an
adjustment to eligibility standards, allotments or deductions and the State
initiates adjustments to utility standards, you are not entitled to a notice of
adverse action.
(ii) When OTDA
initiates a mass change in food stamp eligibility or benefit levels
simultaneously for the entire caseload or that portion of the caseload that is
affected, or by conducting individual desk reviews in place of the mass change,
no later than the date your household is scheduled to receive the benefits
which have been changed, you shall be informed of the following:
(a) the general nature of the
change;
(b) examples of the effect
the changes will have on household allotments;
(c) the month in which the change will take
effect;
(d) the right to a fair
hearing;
(e) the right to continued
benefits and under what circumstances benefits will be continued, pending
issuance of the fair hearing decision. You will be informed that at the
hearing, the hearing officer may determine to end your continuation of benefits
if it is determined that the issue being contested is not based on improper
computation of benefits or misapplication or misinterpretation of Federal law
or regulation;
(f) general
information on whom to contact for additional information; and
(g) the liability the household will incur
for any over-issued benefits if the fair hearing decision is adverse.