Md. Code Regs. 07.03.07.12

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.03.07.12 - Advance Notice of Termination or Reduction

A. Except as expressly provided in §§C and D of this regulation, the local department may not reduce, suspend, or terminate a benefit unless timely and adequate advance notice has been given to the recipient.

B. Except as expressly provided in §D of this regulation, in this regulation the following terms have the meanings indicated:

(1) "Adequate" means a written notice that includes a statement of:

(a) What action the agency intends to take;

(b) The reasons for the intended agency action;

(c) The specific regulations supporting this action;

(d) The explanation of the individual's right to request a fair hearing; and

(e) The circumstances under which assistance is continued, if a hearing is requested.

(2) "Timely" means that the notice is mailed at least 10 days before the first day of the calendar month in which the action becomes effective.

C. The local department may dispense with timely notice but shall send adequate notice no later than the date of action, when:

(1) The local department has factual information confirming the death of a recipient;

(2) The local department receives a clear written statement signed by the recipient that:

(a) The recipient no longer wishes assistance; or

(b) Gives information which requires termination or reduction of assistance and the recipient has indicated in writing the recipient's understanding that this is the consequence of supplying the information;

(3) The recipient's whereabouts are unknown;

(4) A recipient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance;

(5) The local department has factual information confirming that the recipient was admitted to a public institution; or

(6) The local department has confirmed that the recipient and assisted living facility operator are using the program funds in fraudulent manner.

D. When changes in either State or federal law require automatic grant adjustments for classes of recipients, the local department shall give timely and adequate notice of an adjustment to assistance which includes:

(1) A statement of the intended action;

(2) The reasons for that action;

(3) A statement of a specific change in law requiring that action; and

(4) A statement of the circumstances under which a hearing may be obtained and assistance continued.

E. Unless continuation of assistance pending a hearing decision is required, the local department shall take action to reduce, suspend, or end the assistance:

(1) When a conference with the recipient or the recipient's representative confirms that the action is appropriate;

(2) When one or more of the conditions set forth in §C or D of this regulation are met; or

(3) Following the end of the required notice period.

Md. Code Regs. 07.03.07.12

New Regulations .12 adopted effective December 10, 2001 (28:24 Md. R. 2127)
Regulation .12 amended effective 41:25 Md. R. 1477, eff.12/22/2014