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7 AAC 49.060. Notice of proposed agency action. The department will give written notice to the recipient not later than 10 days before the date the department intends to take action denying, reducing, suspending, or terminating assistance, unless

(1) factual evidence exists of the death of the recipient;

(2) a recipient indicates in writing that the recipient no longer desires assistance, or gives information that requests termination or reduction of assistance and also indicates in writing that the recipient understands the consequences of reporting this information;

(3) a recipient has been admitted or committed to an institution in which residents are not eligible for assistance of the type the recipient has been receiving;

(4) the recipient’s whereabouts are unknown and department mail directed to the recipient’s last known address has been returned by the post office indicating no known forwarding address;

(5) factual evidence exists that a recipient has been accepted for assistance in another jurisdiction;

(6) a change in the level of medical care is prescribed by the recipient’s physician;

(7) the notice involves an adverse determination made with regard to the preadmission screening requirements of 42 U.S.C. 1396r(e)(7) (sec. 1919(e)(7) of the Social Security Act); or

(8) federal regulations governing the Medicaid or food stamp programs specify shorter notice time limits or allow advance notice to be waived for certain groups of recipients. (Eff. 3/23/78, Register 65; am 6/26/99, Register 150; am 4/4/2013, Register 206) Statutory Authority: Authority: AS 47.05.010 AS 47.25.170 AS 47.25.460 7 AAC 49.070. Contents of notice regarding denial, reduction, suspension, or termination of benefits. In a written notice provided under 7 AAC 49.060 of a department action to deny, reduce, suspend, or terminate assistance, and unless otherwise specified in applicable federal regulations,