Adequate Notice Requirements

(A) In addition to the requirements of timely notice as provided in 106 CMR 343.140, a notice about an intended action to reduce, suspend or terminate assistance or to change the manner or form of payments to a protective, vendor, or two-party payment must be "adequate" in that it contains: (1) A statement of the intended Department action; (2) The reason(s) for the intended action; (3) A citation to the regulations supporting such action; (4) An explanation of the client's right to request a fair hearing and the time limits for the appeal request; and (5) The circumstances under which assistance is continued if a hearing is requested. (B) When changes in either federal or state law require automatic grant adjustments for classes of clients, notice is adequate if it cites the law requiring the reduction, suspension or termination. In these instances a citation to a Department regulation is not required. (C) Prior to a Department action to recoup an overpayment, a timely and adequate notice must be mailed to the client. In addition to the requirements of adequate notice as provided above, the notice must contain: (1) The repayment amount; (2) The amount of any monthly deduction; and (3) The expected duration of the repayment period.