Section 75-02-01.2-10 - Monthly report - Must be complete and timely1. When the county agency receives a completed monthly report, it shall process the payment only if all eligibility conditions are met. The county agency shall notify the household of any changes from a payment made in the month immediately past. If payment is being reduced or assistance terminated as a result of information provided in the monthly report, the county agency shall send an adequate notice. The household may be reinstated to the payment amount made in the month immediately past if an appeal of the decision described in the notice is made within ten days of the date of the notice.2. A county agency may terminate assistance if it has received no timely monthly report or has received only an incomplete report. The county agency shall send an adequate notice, mailed to arrive no later than the date it would have made payment if the agency had received a timely and complete monthly report. If the household notifies the county agency and files a complete report within ten days of the date of the notice, the county agency may accept the replacement report and provide for payment based on the report only if the information indicates that the household is still eligible. If, based on the replacement report, the household is found ineligible or eligible for an amount less than the payment amount made in the month immediately past, the county agency shall promptly notify the household of the right to a fair hearing and, if a hearing is requested within ten days from the date of the notice, the right to have payment reinstated to the payment amount made in the month immediately past.N.D. Admin Code 75-02-01.2-10
Effective December 9, 1996; amended effective January 1, 2003; June 1, 2005; January 1, 2011.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02