When the agency intends to withhold, reduce, suspend, or
terminate public assistance, social services, or food
assistancesupplemental nutrition assistance
program (SNAP) within the certification period, or to change the manner
or form of assistance to protective, vendor, or two-party payment, the
assistance group shall be provided prior written notice of the action. An
electronic notice may replace a written notice, as permitted by federal law.
(A)The written
notice shall be sent electronically, by regular U. S. mail, or hand delivered
no less than fifteen calendar days prior to the
effective date of the proposed action.
(B)The notice
shall contain: a clear and
understandable statement of the proposed action and the reasons for it, cite
the applicable regulations, explain the assistance group's right to and the
method of obtaining a county conference and a state hearing, explain the
circumstances under which a timely hearing request will result in continued
benefits, and contain a telephone number to call about free legal services.
(1)A clear and understandable statement of
the proposed action and the reasons for it.
(2)Citations of the applicable
regulations.
(3)An explanation of the assistance
group's right to and the method of obtaining a county conference and a state
hearing.
(4)An explanation of the circumstances
under which a timely hearing request shall result in continued benefits.
(5)A telephone number to call about free
legal services.
(C)The JFS 04065 "Prior Notice of Right to a State
Hearing" (rev. 5/2001), or its computer-generated equivalent, shall be
used.
(D)If a change in
the assistance group's circumstances requires reduction or termination of both
public assistance and food assistanceSNAP benefits, the agency shall issue a single notice
for both public assistance and food assistanceSNAP actions.
Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/29/2018 and 03/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/05/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35, 5160.011, 5101.37
Prior Effective Dates: 09/01/1976, 04/01/1980, 06/02/1980,
12/01/1980, 10/01/1981, 01/18/1982, 05/01/1982, 07/01/1982, 10/01/1982, 01/01/1983,
04/01/1983, 08/01/1983, 11/01/1983 (Temp.), 01/01/1984, 03/01/1984 (Temp.),
06/01/1984, 10/01/1984 (Temp.), 10/03/1984 (Emer.), 12/22/1984, 08/20/1986
(Emer.), 11/15/1986, 01/16/1987 (Emer.), 04/01/1987, 04/06/1987, 07/01/1987
(Emer.), 09/27/1987, 04/01/1989, 11/01/1990, 06/01/1993, 06/01/2003,
09/01/2008, 02/28/2014, 07/25/2016