Statutes, codes, and regulations
Colorado Administrative Code
Department 2500 - Department of Human ServicesDivision 2503 - Income Maintenance (Volume 3)
Rule 9 CCR 2503-5 - ADULT FINANCIAL PROGRAMS
Section 9 CCR 2503-5-3.554 - TIMELY AND ADEQUATE NOTICE

9 Colo. Code Regs. § 2503-5-3.554

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 9 CCR 2503-5-3.554 - TIMELY AND ADEQUATE NOTICE
A. The county department and/or the Single Entry Point (SEP) shall notify a client of any change from his or her prior grant payment amount, the reason for the action, and the date the action becomes effective in writing.
B. Clients shall receive written timely notice, giving at least eleven (11) calendar days advance notice before any adverse action, such as a grant payment reduction, suspension, termination or denial, becomes effective during the certification period, except as specified in Section 3.554.C . The notice shall explain the reason for the proposed action and the date the action becomes effective.
1. When acting on a change in accordance with Section 3.553, if the eleven (11) calendar day timely notice period can be given within the month the written timely notice is sent, the change will become effective the first day of the following month.
2. If the 11 calendar day timely notice period concludes in the following month, the change shall become effective the first day of the month after which the timely notice period concluded.
3. If the timely notice period ends on a weekend or holiday and a request for a state level fair hearing and continuation of grant payments is received the first business day after the timely notice period, the request shall be considered timely received.
C. Adequate notice, not timely notice, is required in the following situations:
1. When facts indicate an overpayment because of probable fraud or an intentional program violation and such facts have been verified to the extent possible, prior notice shall be mailed at least five (5) calendar days before the proposed effective date.
2. The county department has determined that the State prescribed medical certification has expired.
3. The county department and/or SEP has determined that the client has stopped receiving Home Care Allowance (HCA) and is now receiving Home and Community Based Services (HCBS).
4. The client has died.
5. The client has provided a clear statement which states that he or she no longer wishes to receive assistance/services.
6. The client begins receiving SSI or SSDI. A claim to recover the AND-SO or Colorado Supplement grant payments that are issued in the same month that the SSI or SSDI benefits are received shall be created and the client shall be liable to repay the AND-SO or Colorado Supplement grant payments that were issued.
7. At application or redetermination, when a certification period has not yet been set.
D. If the change in circumstances requires a reduction or termination of grant payments, the following action will be required:
1. Send a written timely notice.
2. If a client requests a county conference, conduct the county conference as specified in Section 3.586 . If a client is dissatisfied with the results of the county conference and requests a state level fair hearing before an Administrative Law Judge, such a request shall be in accordance with Section 3.587 .

If a client does not request a county conference and only requests a state level fair hearing any time prior to the effective date of the timely notice, and the certification period has not expired, the client's grant payments shall be continued on the basis authorized immediately prior to the timely notice. Continued grant payments shall not be issued for a period beyond the end of the current certification period. Grant payments shall be continued until a final decision has been made by the Office of Appeals or until the certification period ends, whichever occurs first. The county department shall explain to the client that repayment will be required for the amount of any grant payments determined by the hearing officer to have been over-paid or the continued grant payments to which the client was not eligible to receive.

3. If the certification period expires before the hearing process is completed, the client may reapply for benefits.
4. If the client does not appeal the timely notice to decrease or terminate grant payments within the timely notice period, the changes shall be made in accordance with timeframes outlined in Section 3.553.C.

9 CCR 2503-5-3.554

37 CR 13, July 10, 2014, effective 8/1/2014
37 CR 17, September 10, 2014, effective 10/1/2014
38 CR 04, February 25, 2015, effective 3/20/2015
38 CR 04, February 25, 2015, effective 4/1/2015
38 CR 09, May 10, 2015, effective 6/1/2015
38 CR 15, August 10, 2015, effective 9/1/2015
38 CR 23, December 10, 2015, effective 1/1/2016
39 CR 17, September 10, 2016, effective 10/1/2016
40 CR 03, February 10, 2017, effective 2/14/2017
41 CR 05, March 10, 2018, effective 4/1/2018
41 CR 15, August 10, 2018, effective 9/1/2018
41 CR 19, October 10, 2018, effective 11/1/2018
42 CR 01, January 10, 2019, effective 2/1/2019
43 CR 01, January 10, 2020, effective 1/1/2020
43 CR 03, February 10, 2020, effective 3/1/2020
43 CR 11, June 10, 2020, effective 7/1/2020
43 CR 23, December 10, 2020, effective 1/1/2021
44 CR 03, February 10, 2021, effective 3/2/2021
44 CR 13, July 10, 2021, effective 8/1/2021
45 CR 03, February 10, 2022, effective 3/2/2022
45 CR 05, March 10, 2022, effective 4/1/2022
45 CR 13, July 10, 2022, effective 7/1/2022
45 CR 15, August 10, 2022, effective 8/10/2022
45 CR 15, August 10, 2022, effective 8/30/2022
46 CR 01, January 10, 2023, effective 12/10/2022
46 CR 01, January 10, 2023, effective 1/1/2023
46 CR 03, February 10, 2022, effective 3/2/2023