1006 Notice of Adverse Action

All notices must be sent from the integrated eligibility system and include the following:

1. A statement of what action the HSZ intends to take or has taken.

2. The reason(s) for the intended action.

3. The specific State and Federal regulations supporting such action; and

4. An explanation of the household’s right to request a hearing, including:

   1. How to obtain a fair hearing.

   2. The right to representation at the hearing, including information on obtaining legal assistance.

   3. The circumstances under which benefits are continued if a hearing is requested, including the claimant's liability for any benefits incorrectly provided while awaiting the hearing if the hearing officer's decision is adverse to the claimant; and,

   4. The name and telephone number of the person to contact for additional information.

       

Adequate notice must be mailed no later than two working days after the integrated eligibility system cut off. the integrated eligibility system cut off is the fourth working day from the last calendar day of the month. Staggered SNAP issuance An issued SNAP benefit. is not taken into consideration when determining adequate notice time frames.

Adequate notice can only be sent in place of timely notice when the following conditions are met:

1. The household reports information which results in decrease or termination of benefits; and,

2. The report is in writing and signed by a household member; and,

3. The HSZ can determine the household's allotment The total value of SNAP benefits a household is authorized to receive. or ineligibility based solely on the information provided by the household, OR

4. Adequate notice is sent when a household member is disqualified for an Intentional Program Violation (as determined by an administrative disqualification hearing or a court decision) and the benefits of the remaining members have been reduced or terminated to reflect the disqualification of the member. Adequate notice also applies when the household has signed the 'Waiver of Right to Disqualification Hearing.

Although it is a best practice to send a the integrated eligibility system notice for all adverse actions, a notice is not required in the following situations:

1. Benefit changes considered mass changes Certain changes imposed by the federal or state government which may affect the entire caseload or significant portions of the caseload..

   Note: Adequate notice of benefit changes resulting from any other mass change Information that is different from what is currently used to determine eligibility and/or benefits. must be sent. These changes include COLA increases for RSDI, SSI, TANF Cash, Tribal TANF, and GA. In addition, an adequate notice must be sent for mass changes caused by legislative or regulatory changes which effect eligibility and benefit criteria.

2. It is reliably determined that all household members have died.

   Note: When benefits are changed due to one household member dying, a notice is required.

3. It is reliably determined that a household moved out of state, (e.g., returned mail has out of state forwarding address), or collateral contact An oral confirmation of a household’s circumstances by a person outside of the household. The collateral contact may be made either in person or over the telephone and may include employers, landlords, social service agencies, migrant service agencies, and neighbors of the household who can be expected to provide accurate third-party verifications. confirms a household applied for SNAP benefits in another state.

4. A household was receiving restoration of lost benefits, and the restoration is complete. The household was previously notified in writing of the date the increased allotment would terminate.

5. The household was notified in writing at the time of certification (application Filing a signed Application for Assistance via paper application or through the self-service portal of the eligibility system to establish eligibility and assign a review period. or recertification) that the allotment would vary from month to month during the certification period to reflect changes anticipated at the time of certification.

   Note: This written notice must state exact allotment amount for each month. If an exact allotment cannot be determined at certification, a separate notice must be mailed when a determination is made.

6. If the application is a joint TANF/SNAP application, the household was notified in writing at the time of certification that SNAP benefits are reduced upon receipt of a TANF grant.

7. When expedited benefits were provided to a household for whom verification Third-party information or documentation used to establish the accuracy of statements. was postponed. The household must have received written notice that the receipt of benefits beyond the expedited period is contingent on it providing the postponed verification.

8. A Drug and Alcohol/CMHC facility lost its certification from the Department of Public Health and Human Services or its status as an authorized representative A responsible adult non-household member authorized in writing by the household to make application, receive SNAP benefits and/or purchase food for the household. is suspended by Food and Nutrition Services disqualifying it as a retailer. However, residents of group living arrangements applying on their own behalf are still eligible Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. to participate.

9. The household requests in writing its benefits be terminated. However, if the request is verbal, a notice confirming the voluntary termination must be sent to the household.