N.M. Admin. Code § 8.100.180.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.100.180.10 - NOTICE OF AN ADVERSE ACTION

Before any action to withhold a cash assistance payment or to reduce or terminate medical, food stamp or cash assistance benefits, the HCA must issue timely and adequate advance notice of an adverse action.

A. Adverse action defined: Adverse action means an action taken by HCA that adversely affects eligibility or the amount of benefits a household or benefit group receives, including withholding, suspending, reducing or terminating benefits.

B. Timing: A notice shall be issued to the household or benefit group before taking an adverse action. Benefits will not be reduced until 13 days from the date on the adverse action notice. If the 13th day falls on a weekend or holiday, the next working day is counted as the last day of the 13-day adverse action notice period.

C. Contents:

(1) General: An adverse action notice shall contain, in easily understood language:

(a) reason for the proposed action, including the specific regulations supporting the action and the information on which the proposed action is based;

(b) date the action will take place;

(c) statement of the right to request a fair hearing and how to request a fair hearing;

(d) phone number of the caseworker in the event the client wants more information or wants to request a fair hearing;

(e) date by which the client must request a fair hearing to continue receiving assistance at the current rate;

(f) liability of the recipient for any over issuance or overpayment;

(g) right to be represented by legal counsel, friend or other spokesperson;

(h) notice that free legal help may be available to the household;

(i) the current benefit amount and proposed benefit amount after reduction for any reason.

(2) Specific:

(a) For a disqualification from participation in the food stamp program, the notice must also include the disqualification period, as appropriate, and the action the disqualified individual must take to end ineligibility.

(b) For sanctions from cash assistance, the notice must also include the conciliation period, if applicable, and the sanction period, as appropriate, as well as the action the sanctioned individual must take to end ineligibility.

(c) For termination of cash assistance benefits due to reaching the TANF 60-month term limit, the notice must also include the actions the participant must take to apply for a hardship extension, found at 8.102.410.17 NMAC, and the availability of support services in the event the benefit group is not eligible for a hardship extension.

N.M. Admin. Code § 8.100.180.10

07/01/97, 04/01/98; 8.100.180.10 NMAC - Rn, 8 NMAC 3.ISD.181.3, 4/13/2001; A, 1/1/2003, Adopted by New Mexico Register, Volume XXXV, Issue 11, June 11, 2024, eff. 7/1/2024, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024