HAR §17-649-3. Timely notice of adverse action

(a) Timely notice is an adequate notice that is mailed to the recipient at least ten days prior to the effective date of action to: (1) Reduce, terminate, suspend, or withhold payment; or (2) Change the manner or form of payment to protective or vendor payment; or(3) Transfer §17-649-3.1 649-5 the program of assistance between AFDC and GA, AFDC and AABD, or GA and AABD. (b) The department shall not provide timely notice when the department: (1) Is required to provide only adequate notice; or (2) Obtains facts indicating the need for action because of probable fraud in the financial assistance program. The department shall mail a written notice at least five days before the effective date of action. (c) For the financial assistance programs, timely and adequate notice shall be given when automatic grant adjustments for classes of recipients are made due to changes in state or federal law. The notice shall be adequate if it includes a statement of: (1) The intended action; (2) Reasons for the intended action; (3) The specific change in law requiring the action; and (4) The circumstances under which a hearing may be obtained and assistance may be continued. [Eff 3/19/93; am 8/1/94; am 6/1/00; am and comp 11/09/06] (Auth: HRS §346-14) (Imp: HRS §346-29; 7 C.F.R. §273.13; 42 U.S.C. 601 through 619)