SHM.1000. State Hearings Policy
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5101:6-2-04 State Hearings: Prior Notice of Adverse Action
Effective Date: July 25, 2016

When the agency intends to withhold, reduce, suspend, or terminate public assistance, social services, or food assistance 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, mailed or personally 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.

(C)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 assistance benefits, the agency shall issue a single notice for both public assistance and food assistance actions.


Five Year Review (FYR) Dates: 02/01/2019



Promulgated Under: 119.03

Statutory Authority: 5101.35

Rule Amplifies: 5101.35, 5101.37, 5160.011

Prior Effective Dates: 9/1/76, 4/1/80, 6/2/80, 12/1/80, 10/1/81, 1/18/82, 5/1/82, 7/1/82, 10/1/82, 1/1/83, 4/1/83, 8/1/83, 11/1/83 (Temp), 1/1/84, 3/1/84 (Temp), 6/1/84, 10/1/84 (Temp), 10/3/84 (Emer), 12/22/84, 8/20/86 (Emer), 11/15/86, 1/16/87 (Emer), 4/1/87, 4/6/87, 7/1/87 (Emer), 9/27/87, 4/1/89, 11/1/90, 6/1/93, 6/1/03, 9/1/08, 2/28/14