Section 218-RICR-20-00-1.14 - NoticesA. Notice for Mass Changes 1. When the agency makes a mass change in SNAP eligibility or benefits, it must notify all households whose benefits are reduced or terminated.a. The agency must notify the household of the mass change on the date the household is scheduled to receive the allotment which has been changed.b. The agency must notify the household of the mass change as much before the household's scheduled issuance date as reasonably possible, although the notice need not be given any earlier than the time required for advance notice of adverse action.c. The household is entitled to request a fair hearing when it is aggrieved by the mass change. (1) A household which requests a fair hearing due to a mass change is entitled to continued benefits at its previous level only if the household meets three (3) criteria: (AA) The household does not specifically waive its right to a continuation of benefits;(BB) The household requests a fair hearing in accordance with § 1.22 of this Part; and(CC) The household's fair hearing is based upon improper computation of SNAP eligibility or benefits, or upon misapplication or misinterpretation of Federal law or Regulation.B. Notice of Adverse Action 1. Prior to any action to reduce or terminate a household's benefits within the certification period, the agency must, except as provided in § 1.14(C) of this Part, provide the household timely and adequate advance notice before the adverse action is taken.2. The notice of adverse action is considered adequate if it explains in easily understandable language:b. The reason for the proposed action;c. The household's right to request a fair hearing;d. The telephone number to contact for additional information;e. The availability of continued benefits;f. The liability of the household for any over issuances received while awaiting a fair hearing decision if such decision is adverse to the household; and,g. The availability of free legal representation.3. The notice of adverse action is considered timely if the advance notice period conforms to the adequate notice period of the public assistance caseload, provided that the period includes at least ten (10) days from the date the notice is mailed to the date upon which the action becomes effective. a. If the adverse notice period ends on a weekend or holiday, and a request for a fair hearing and continuation of benefits is received the day after the weekend or holiday, the request must be considered timely received.4. The agency representative may notify a household that its benefits will be reduced or terminated, no later than the date the household receives, or would have received, its allotment, if the following conditions are met:a. The household reports the information which results in the reduction or termination;b. The reported information is in writing and signed by the household;c. Based solely upon the household's written information, the agency representative can determine the household's allotment or ineligibility;d. The household retains its right to a fair hearing.e. The household retains its right to continued benefits by requesting a fair hearing within the time period provided by the notice of adverse action.(1) The agency representative continues or reinstates the household's previous benefit level, if required, within five (5) working days of the household's request for a fair hearing.C. Exemptions from Notice Requirements 1. Individual notices of adverse action are not provided in the following situations:b. Notice of Death: The agency representative determines, based on reliable information that all members of a household have died.c. Move from Project Area: The agency representative determines, based on reliable information that the household has moved from the State.(1) The agency shall inform the household of its termination no later than its next scheduled issuance date.(2) The agency shall not delay terminating the household's participation in order to provide advanced notice.d. Completion of Restoration of Lost Benefits: The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified, in writing, when the increased allotment would terminate.e. Anticipated Changes in the Monthly Allotment: The household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was so notified at the time of certification.f. Benefit Reduction Upon Approval of the Household's RIW/GPA Application: The household jointly applied for RIW/GPA and SNAP benefits and has been receiving SNAP benefits pending the approval of the RIW/GPA grant and was notified at the time of certification that SNAP benefits would be reduced upon approval of the RIW/GPA grant.g. Disqualification for Intentional Program Violation: A household member is disqualified for intentional program violation, in accordance with § 1.9 of this Part or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member. (1) A notice must be sent to a currently participating household prior to a reduction or termination of benefits if a household member is found through a disqualified recipient match to be within the period of disqualification for an intentional program violation penalty determined in another State.(2) The notice requirements for individuals or households affected by intentional program violation disqualifications are explained in § 1.9 of this Part.h. Expedited Service Approvals with Postponed Verification: The agency has assigned a longer certification period to a household certified on an expedited basis and the household has received written notice that the receipt of benefits beyond the month of application is contingent on its providing verification which was initially postponed and that the agency may act on the verified information without further notice.i. Conversion from Cash/SNAP Repayment to Benefit Reduction: Converting a household from cash and/or SNAP repayment to benefit reduction as a result of failure to make agreed-upon repayment, as discussed in §1.17.1 of this Part.j. Resident of Drug/Alcoholic Treatment Center or Group Living Arrangement: The agency is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from the BHDDH or has its status as an authorized representative suspended due to disqualification as a retailer by FNS.(1) However, residents of group living arrangements applying on their own behalf are still eligible to participate.k. Household Request: The household voluntarily requests, in writing or in the presence of an agency representative, that its participation be terminated. (1) If the household does not provide a written request, the agency must send the household a letter confirming the voluntary withdrawal.(2) Written confirmation does not entail the same rights as a notice of adverse action except that the household may request a fair hearing.l. Previous Notification Received Regarding Collection of a Claim: The agency initiates recoupment of a claim against a household which has previously received a notice of adverse action with respect to such claim.218 R.I. Code R. § 218-RICR-20-00-1.14
Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023