20 CAR § 503-302 – Timely (advance) and adequate notice for reduction, hold, or termination of assistance

(a) When the county office proposes to terminate, reduce, or hold the assistance payment or change the payee to a protective payee, a timely and adequate notice (DCO-1 or system generated) will be mailed or given to the participant prior to the date of the action.
(b)
1. (1) “Timely” or an “advance” notice is one that is mailed at least ten (10) days before the date of action, that is, the date upon which the action would become effective.
2. (2) Except that in instances of probable fraud, the notice is timely if it is mailed at least five (5) days before the date of action.
3. (3) Day one (1) is considered the day following the day the notice is sent.
(c) “Adequate” is a written notice that includes:
1. (1) A statement of what action the agency intends to take or has taken;
2. (2) The reasons for the intended agency action;
3. (3) The specific policy supporting such action;
4. (4) An explanation of the person’s right to request a hearing; and
5. (5) The circumstances under which assistance is continued if a hearing is requested.
(d)
1. (1) If an administrative hearing is not requested within the advance notice period, then the action will be taken.
2. (2) If a hearing is requested within the advance notice period, the Family Support Specialist will:
  1. (A) Forward a copy of the DCO-1 to the Central Office of the Division of County Operations; and
  2. (B) Delay action pending the hearing unless the participant specifically requests assistance not be continued pending the hearing.