1. (1)(a) Except as provided in Subsection R986-100-122(2) or otherwise set forth by rule, interested persons will be notified in writing when a decision concerning eligibility, amount of assistance payment, or Department action which affects the interested person's eligibility or amount of assistance is made. Notice will be sent before the effective date of any action to reduce or terminate assistance payments.

   1. (b) The Department will send advance notice of its intent to collect an overpayments or to disqualify an interested person.

2. (2) Except for overpayments, advance notice is not required when:

   1. (a) an interested person requests in writing that the case be closed;
   2. (b) a client has been admitted to an institution under governmental administrative supervision;
   3. (c) a client has been placed in skilled nursing care, intermediate care, or long-term hospitalization;
   4. (d) an interested person's whereabouts are unknown and mail sent to the interested person has been returned by the post office with no forwarding address;
   5. (e) it has been determined an interested person is receiving public assistance in another state;
   6. (f) a child in a household has been removed from the home by court order or by voluntary relinquishment;
   7. (g) a special allowance provided for a specific period is ended and the interested person was informed in writing when the allowance began that it would terminate at the end of the specified period;

   8. (h) a household member has been disqualified for an IPV in accordance with 7 CFR 273.16 (2000), or the benefits of any remaining household members is reduced or terminated to reflect the disqualification;

      1. (i) the Department has received factual information confirming the death of an interested person if there is no other relative able to serve as a new payee;
   9. (j) the relevant certification period has expired;

   10. (k) the action to terminate assistance is based on the expiration of the time limits imposed by the program;

       1. (l) an interested person has provided information to the Department, or the Department has information obtained from another reliable source, that the interested person is not eligible or that payment should be reduced or terminated;
   11. (m) the Department determines that an interested person willfully withheld information; or
   12. (n) when payment of financial assistance is made after performance under Sections R986-200-215 and R986-400-454 no advance notice is needed when performance requirements are not met.
3. (3) For a SNAP recipient and recipient of assistance under Rule R986-300, no action will be taken until ten days after notice was sent unless one of the exceptions in Subsections R986-100-122(2)(a) through (k) apply.

4. (4)(a) Notice is complete if sent to an interested person's last known address.

   1. (b) If notice is sent to an interested person's last known address and the notice is returned with no forwarding address, the notice will be considered to have been properly served.
   2. (c) If an interested person elects to receive correspondence electronically, notice is complete when sent to the interested person's last known email address or posted to the interested person's Department sponsored web page.

KEY: employment support procedures, hearing procedures, public assistance, SNAP

Date of Last Change: December 29, 2022

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.