3619.1 If an applicant is determined ineligible for a benefit, the Department shall provide a written notice of ineligibility, which shall include:

(a) A statement of the determination of ineligibility and an explanation of that determination;

(b) A statement of the action that the applicant must take, if any, to be found eligible;

(c) Notice of the applicant’s option to discuss the determination with a Department employee; and

(d) Notice of the applicant’s right to appeal the determination, as provided in § 3620.

3619.2 If the Department determines that a prior benefit decision was based on material error, falsity, misrepresentation, concealment, omission, or fraud, it shall:

(a) Reopen the application;

(b) Provide notice to the applicant of the Department’s final action or intended action, which shall include the information in § 3619.1;

(c) Provide the applicant with a reasonable opportunity to respond;

(d) Reduce, increase, suspend, or revoke an award of a benefit; and

(e) Notify the energy vendor of a change to the benefit amount.

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016).