R382-10-19. Termination and Notice

(1) The eligibility agency shall notify an applicant or member in writing of the eligibility decision made on the application or periodic eligibility review. (2) The eligibility agency shall notify a member in writing ten calendar days before the effective date of an action that adversely affects the member's eligibility. (3) The eligibility agency shall provide the following information: (a) the action to be taken; (b) the reason for the action; (c) the regulations or policy that support the action when the action is a denial, closure, or an adverse change to eligibility; (d) the applicant's or member's right to a hearing; (e) how an applicant or member may request a hearing; and (f) the applicant's or member's right to represent themselves or use legal counsel, a friend, relative, or other spokesperson. (4) The eligibility agency need not give ten-day notice of termination if: (a) the child is deceased; (b) the child moves out- of state and is not expected to return; (c) the child enters a public institution or an institution for mental disease; or (d) the child's whereabouts are unknown and the post office has returned mail to show that there is no forwarding address.