481-1 ADEQUATE NOTICE DEFINED

481-1 ADEQUATE NOTICE DEFINED

481-1 A. EVERY NOTICE OF ACTION MUST BE ADEQUATE

A notice of action is any notice which informs an applicant or recipient of any action taken, or which will be taken, on his or her case to approve, deny, terminate, suspend, or change the amount of assistance. A notice of action must be adequate. An adequate notice must meet all the requirements listed below:

The notice must explain what action has been taken on the case.

The notice must explain why the action was taken.

The notice must reference the APA manual section that supports any action to reduce, suspend, deny, or terminate assistance.

The notice must advise the individual of the right to request a fair hearing on any action taken on his or her case. Notices generated by the Eligibility Information System ( EIS ) contain this information on the back of the paper stock on which they are printed.

481-1 B. SITUATIONS WHICH REQUIRE ONLY ADEQUATE NOTICE

For actions taken on a new application, adequate notice must be given or mailed to the applicant by the workday following the day that the case worker makes the eligibility decision.

For all other actions, adequate notice must be given or mailed no later than the workday following the date the action is taken or the date the action becomes effective, whichever is later. Adequate notice must be provided in the following situations:

Action taken on a new application.

Action taken that is not an adverse action, such as an increase in the benefit amount.

Action to close a case because of the confirmed death of the recipient.

Action to close a case because a recipient enters a non-eligible institution such as a jail or Pioneers' Home.

Action to close a case or reduce benefits because a recipient enters a nursing home.

Action to issue a supplemental payment to correct a previous underpayment or to issue retroactive benefits.

Action to close a case because of the recipient's written request for closure.

Action to close a case for loss of contact. (Refer to section 480-6 .)

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