106 Mass. Reg. 364.880

Current through Register 1523, June 7, 2024
Section 364.880 - Intentional Program Violation Claim Demand Letter

The Intentional Program Violation Claim Demand Letter shall be sent to households that have been found to have committed an Intentional Program Violation, by either an Administrative Disqualification Hearing or a court of appropriate jurisdiction, have filed a signed and accepted waiver, in accordance with 106 CMR 367.660: Waiver of ADH or entered into a consent agreement with a court. The Intentional Program Violation Claim Demand Letter must be sent even if the household has already received a Claim Demand Letter. The Intentional Program Violation Claim Demand Letter shall contain the following information:

(A) The amount owed;
(B) The reason for the claim;
(C) The period of time the claim covers;
(D) Any offsetting that was done to reduce the claim;
(E) The household's right to a Fair Hearing if the household disagrees with the Department's determination of the amount of the claim, unless a fair hearing is consolidated with the Administrative Disqualification Hearing to determine the amount of the claim;
(F) How the claim was calculated;
(G) The phone number to call for more information about the claim;
(H) The right of the household to request a copy of or inspect records related to the claim; and
(I) That the Department may reduce any part of the claim if the Department believes that the household is not able to repay the claim.

The household's repayment options shall be included in the repayment agreement letter in accordance with 106 CMR 367.825(C).

106 CMR 364.880

Amended by Mass Register Issue 1330, eff. 1/13/2017.
Amended by Mass Register Issue 1472, eff. 6/24/2022.