Section 27-102l(d)-274 - Involuntary assignments of income(a) The Chief Fiscal Officer, with the approval of the Commissioner, may order a veteran to involuntarily assign income from whatever source to the Department pursuant to Section 27-108 of the Connecticut General Statutes.(b) The Chief Fiscal Officer shall petition the Commissioner for approval of an involuntary assignment and provide a copy of the petition to the veteran and his personal representative, if known. (1) The petition shall state: (A) The legal authority under which the petition is filed.(B) The alleged facts upon which Chief Fiscal Officer relied in ordering assignment, including a review of the recent history of the veteran's account and amounts unpaid and past due.(C) Terms and conditions under which the account at issue may be made current and thereby avoid the pending assignment.(D) The specific income to be assigned.(E) The right of a veteran to administrative hearing as provided in subsection (d) of Section 27-108 of the Connecticut General Statutes and how to perfect or exercise that right.(2) If requested within ten (10) days of receipt of the notice, the veteran shall be provided an opportunity for a hearing.(A) A hearing under this subsection shall be considered a contested case as set forth in Section 4-166 of the Connecticut General Statutes and the rules of practice of the agency. (i) A written or verbal request for a hearing shall be made to the Commissioner, or designee, Chief Fiscal Officer, Health Care Facility Administrator, or the Director of the Residential Facility.(ii) If the notice is hand carried to the veteran, the veteran may make his request to the person making the delivery at the time of the delivery.(iii) The person who receives a request shall reduce it to writing, if necessary, and direct the request to the Commissioner.(B) The Commissioner, or his designee, shall hold a hearing within thirty (30) days of receiving a request.(c) If following the opportunity for a hearing, the Commissioner approves the assignment, the veteran shall have thirty (30) days to comply with the order.(1) The Chief Fiscal Officer shall assist the veteran to implement the order.(2) The failure of the veteran or his personal representative to satisfy such an order is grounds for an involuntary discharge of the veteran.(d) A veteran or his personal representative may apply to the Commissioner to terminate an involuntary assignment without restriction, except that a second request within six (6) months may be granted only upon a showing during an informal conference of a changed circumstance. The Commissioner may terminate an involuntary assignment if: (1) The account is current, meaning no amount owed to the agency is unpaid and past due, and(2) The veteran demonstrates to the satisfaction of the Commissioner a reasonable likelihood of more prudent financial management in the future.Conn. Agencies Regs. § 27-102l(d)-274
Effective January 19, 1996; Amended October 11, 2007