1. A. A notice of adverse action shall be sent at least 13 days prior to taking action to reduce or terminate benefits. In some circumstances advance notice is not required. A concurrent notice shall be sent to the household at the time of action in the following situations:

   1. 1. the agency disqualifies a household member because of an intentional program violation and the benefits of the remaining household members are reduced or ended because of the disqualification;
   2. 2. benefits are reduced or terminated at the end of the certification period when the client timely reapplies;
   3. 3. the client has been certified in another state and that fact has been established;
   4. 4. the client signs a statement requesting closure or reduction in benefits and waives the right to advance notice;
   5. 5. benefits are reduced or terminated effective the month following the simplified report month;
   6. 6. the agency receives a written report signed by the head of the household or other responsible household member which provides sufficient information for the agency to determine the household’s benefit amount or ineligibility;
   7. 7. mass changes;
   8. 8. based on reliable information, the agency determines that the household has moved or will be moving out of the state prior to the next monthly issuance;
   9. 9. the household applied for cash assistance and SNAP at the same time and has been getting SNAP benefits while waiting for approval of the cash assistance grant;
   10. 10. the client was a certified resident in a drug or alcohol treatment center or a group living arrangement which loses its state certification or FNS disqualifies it as a retailer;
   11. 11. a household certified under expedited processing rules provides postponed verification which reduces or terminates benefits.

2. B. A concurrent notice shall not be sent to the household at the time of action in the following situations:

   1. 1. all members of the household have died;
   2. 2. the household's allotment changes from month to month during the certification period because of changes expected at the time of certification;
   3. 3. the agency recoups benefits from a client who previously received a repayment demand letter; and
   4. 4. the Fraud and Recovery Section converts a cash payment to allotment reduction because the household failed to make agreed payments on a claim.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with F.R. 7 CFR 273.12(a)(1)(vii) and P.L. 110-246.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Family Security, LR 9:324 (May 1983), amended by the Department of Social Services, Office of Family Support, LR 24:108 (January 1998), LR 32:2270 (December 2006), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR 36:2533 (November 2010), amended by Department of Children and Family Services, Economic Stability Section, LR 44:445 (March 2018).