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(b) Any recipient who requests it because he believes the Department or the local department of social services has taken an action erroneously.

(2) A person requesting a hearing shall notify the Department on a form designated by the Department, within 90 days from the date the notice of action was mailed by the local department of social services.

(3) A hearing is not required if the hearing officer decides that the sole issue is a federal or State law requiring an automatic change which adversely affects some or all recipients.

B. Except as provided in §B(3) of this regulation, the local department of social services may not terminate assistance or reduce benefits unless timely and adequate notice has been given to a recipient. For purposes of this requirement:

(1) "Timely" means that the notice is mailed at least 10 days before the action becomes effective. The local department of social services shall shorten the period of advance notice to 5 working days before the date of action if:

(a) It has facts indicating that action should be taken because of probable fraud by the recipient; and

(b) The facts have been verified, if possible, through secondary sources. (2) "Adequate notice" means a written notice that includes: (a) A statement of the intended action; (b) The reason for the intended action; (c) The specific regulatory citation supporting the intended action; (d) Explanation of the right to request a hearing; and (e) Explanation of the circumstances under which assistance will be continued if a hearing is requested.

(3) Waiver of Timely Notice Requirements.