Notice

(1) Adequate Notice. The Case Management Provider shall give applicants and recipients adequate notice of any action to deny, reduce, suspend or terminate assistance. The notice shall contain: (a) A statement of the intended action; (b) The reason(s) for the intended action; (c) A citation to the regulation(s) supporting the action; (d) An explanation of the right to request a fair hearing; (e) The circumstances under which assistance is continued if a hearing is requested; and (f) A statement that if the action is upheld, assistance paid pending appeal is subject to recoupment. When changes in either federal or state law require automatic grant adjustments for classes of recipients, notice to the recipient shall be considered adequate if it includes a statement of the specific change in law requiring the action rather than a citation to a regulation required in 121 CMR 2.660(1)(c). (2) Timely Notice. In addition to being "adequate notice" as described in 121 CMR 2.660(1), a notice of adverse action shall be timely in that it shall be mailed or given to the applicant or participant at least ten calendar days before the effective date of the proposed action. (3) Timely Notice Exceptions. The Case Management Provider need not send a timely notice, but must send an adequate notice (as defined in 121 CMR 2.660(1)), no later than the date of the action when: (a) There is factual information that a refugee has died, and he or she is the only member of the assistance unit. (b) A refugee has signed a statement that he or she no longer wishes assistance. (c) The refugee has been institutionalized, and he or she is the only member of the assistance unit. (d) The refugee has been determined eligible for TAFDC or SSI; (e) The Case Management Provider has no knowledge of a refugee's whereabouts, and mail directed to the person has been returned by the Postal Service as undeliverable with no forwarding address. However, a participant's check must be made available if his or her whereabouts become known during the period covered by the check; (f) Termination of a special allowance granted for a specific period, and the refugee was notified in writing at the time of initiation of the special allowance that it would be automatically terminated at the end of a specified period.