1300 Use of Notice

Prior to any action to reduce or terminate a household’s benefits within the certification period, the county department shall provide the household a timely and adequate Notice of Adverse Action, PSD-BPA-657, Notice of Action, except: Semi-annual reporting households who report on their six month report changes which cause a reduction or termination of benefits are not entitled to a Notice of Adverse Action in accordance with this section; and Households described in Section 1301 below are not entitled to Notices of Adverse Action. The Notice of Adverse Action shall be considered timely when: There are at least 10 days from the date the notice is mailed to the date upon which the action becomes effective. If the 10th day falls on a weekend or holiday, and a request for a fair hearing and continuation of benefits is received the day after the weekend or holiday, the State agency shall consider the request timely received. The Notice of Adverse Action shall be considered adequate if it explains in easily understandable language the following items: 1. The proposed action. 2. The reason for the proposed action. 3. The household’s right to request a fair hearing. * 4. The telephone number and, if possible, the name of the person to contact for additional information. 5. The availability of continued benefits. * 6. The liability of the household for any over-issuances received while awaiting a fair hearing if the hearing official’s decision is adverse to the household. * 7. When there is an individual or organization available that provides free legal representation, the notice shall also advise the household of the availability of the service. *The items numbered 3, 5, & 6 above are preprinted on the PSD-BPA-657. See the Forms Manual for instructions on completing the form. Special Conditions for Notification of a Reduction or Termination of Benefits Under the following conditions, the county department shall notify a household that its benefits will be reduced or terminated, WITHOUT 10 DAYS NOTICE; however, the notification shall not be later than the date the household receives, or would have received its allotment. The following are the conditions which must be met for this procedure: 1. The household reports the information which results in the reduction or termination. 2. The reported information is in writing and signed by the household. 3. The county department can determine the household’s allotment or ineligibility based solely on the above information as provided by the household. 4. The household retains its right to a fair hearing. 5. The household retains its right to continued benefits if the fair hearing is requested within 10 days from the date the notification is mailed or given to the household. 6. The county department continues household’s previous benefit level, if required, within five working days of the household’s request for a fair hearing if timely made.