Section 1240-01-19-.07 - NOTICE OF ADVERSE ACTION - FOOD STAMP/AFDCPrior to any action to reduce or terminate a HH/AG's benefits within a certification period (FS) or at any time in AFDC, the worker shall, except as provided in 1240-1-19-.07(7) and (8), provide the household advance notice before such action is taken. In AFDC, 10 days advance notice is required before the action is taken. In Food Stamps, notice may be given as late as the date the household would normally receive its allotment if the household reports the information which results in the reduction or termination in writing. Such a written report must be signed by a household member. This is true only when the worker can determine the household's allotment or ineligibility solely on the basis of the household's written report. If the FS household is not sufficient for the worker to determine the allotment or ineligibility, 10 days advance notice must be given before action is taken to reduce or terminate the allotment.
(1) An adverse action is defined as:(a) A reduction in coupon allotment or grant;(b) The termination of the HH/AG's program benefits.1. within the certification period (Food Stamps);(c) The reduction in length of a certification period (Food Stamp);(d) Removal of a person from the aid group (AFDC).(2) Food Stamp Only. In the case of changes reported during the last month of a certification period which will result in a reduction of program benefits beginning with a new certification period, a Notice of Disposition (Form HS-0751) will not be required.(3) Food Stamp Only. When a current certification period expires at the end of the assigned time period, eligibility ceases. These situations are not terminations, therefore, provisions concerning adverse action do not apply, nor is the household eligible for continuation of benefits, as described in paragraph (4) below.(4) 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 next working day after the weekend or holiday, the county office shall consider the request timely received. If the household requests a hearing, the worker must explain that continuation of benefits is strictly at the HH/AGs option and should the HH/AG elect to have its benefits continued, demand will be made for the value of any Food Stamp coupons overissued or any AFDC overpayments prior to or during the period such benefits are continued, if the hearing official's decision is adverse to the HH/AG.(5) Form HS-0751, Notice of Disposition (Adverse Action) will be completed in the original and one copy with the original given to or mailed to the HH/AG and the duplicate filed in the case record.(a) Food Stamps Only. The Notice Disposition (Notice of Adverse Action) is not to be used as a "call-in" device to obtain required verification or information as a result of a household's change in circumstances. In cases where a change is reported or the worker becomes aware of a change in the household's circumstances which may result in the decrease or termination of that household's Food Stamp benefits, but further verification is required, such as noted in § 1240-1-16-.07, then the worker shall send the household Form HS/1056, Request for Verification, within the required timeliness standards for changes. The Notice of Disposition (Notice of Adverse Action) should only be used after the household has been provided with the Request for Verification (Form HS-1056) and has been given 10 days to respond. If the household does not respond to the request within the 10 day period, the worker shall then provide the household with a Notice of Disposition, advising it that action is being taken to terminate its benefits. Once the household has been provided with the Notice of Disposition (Notice of Adverse Action), the notice cannot be "voided" if a household provides the requested information, with only one exception. (The notice may be voided when a household member whose household is being terminated for failure to register for employment submits a work registration form during the advance notice period. This household would not have to file a new application.)(b) Reserved for future use.(6) Timing Of Notice. The Notice of Disposition shall be considered timely if the advance notice period includes at least 10 days from the date the notice is mailed to the date upon which the action takes effect. Also, if the adverse notice period ends on a weekend or holiday, and a request for a fair hearing or continuation of benefits is received the day after the weekend or holiday, the county office shall consider the request timely received.(7) Changes Not Requiring Advance Notice - Food Stamp Only. Form HS-0751 (Notice of Disposition) is not required when: (a) Mass Change. The Department initiates a mass change.(b) Notice of Death or Moved from County. The county office receives notification that all members of a household have died or that the household has moved from the county.(c) 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 of when the increased allotment would terminate.(d) Anticipated Changes in the Monthly Allotment. The household's allotment varies from month to month within their certification period to take into account changes which were anticipated at the time of certification.(e) Disqualification of Fraud. A household member is disqualified for fraud in accordance with § 1240-1-20 or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.(f) Benefit Reduction Upon Approval of the Household's AFDC Grant Application. The household jointly applied for AFDC and Food Stamp benefits and had been receiving Food Stamp benefits pending the approval of the AFDC grant and was notified by the worker at the time of certification that Food Stamp benefits would be reduced upon approval of the AFDC grant.(g) Households Certified on Expedited Basis Contingent on Verification. The worker has elected to assign a longer certification period to a household certified on an expedited basis and for whom verification was postponed, provided the household has received Form HS-0751 (Notice of Disposition) stating that the receipt of benefits beyond the month of application is contingent on its providing the verification which was initially postponed and that the worker may act on the verified information without further notice.(h) Converting a household from cash repayment to benefit reduction as a result of failure to make cash repayment as discussed in § 1240-1-20-.08(b).(i) Residents of Drug or Alcoholic Treatment Centers or Group Living Arrangements. The state office terminates the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement when the facility either loses its certification through the Department of Mental Health or has its status as an authorized representative suspended due to FNS disqualifying it as a retailer. However, if residents of a group living arrangement have applied for Food Stamps on their own behalf, they are still eligible to participate and a Notice of Adverse Action would not be appropriate.(j) Household voluntarily requests that the case be terminated. Such a request must be in writing or made in the presence of the eligibility counselor. A notice must be sent to the household to confirm the request.(k) It is determined that the household will not be living in the county and will be unable to obtain its next allotment.(8) Changes Not Requiring Advance Notice Of Adverse Action - AFDC Only. Ten (10) days advance notice of adverse action is not required when: (a) The agency has factual information confirming the death of the recipient or of an AFDC payee when there is no relative available to serve as a new payee and no person can be named alternate payee.(b) The agency receives a clear written statement signed and dated by the recipient that he/she no longer wishes assistance.(c) The recipient has been admitted or committed to an institution where he/she is not eligible to receive assistance.(d) The recipient has entered a skilled nursing home or intermediate care facility and vendor payments will be authorized through Medicaid.(e) The money payment to the recipient is to be discontinued and protective or vendor payments are to be authorized.(f) The recipient's whereabouts are unknown and agency mail directed to him/her has been returned by the Post Office indicating no forwarding address. The recipient's checks to which he/she is entitled will, however, be made available to him/her if his/her whereabouts become known during the payment period.(g) The recipient has moved out-of-state or has been accepted for assistance in another state.(h) An AFDC child is removed from the home as the result of a judicial determination or is voluntarily placed in foster care by his/her parents or legal guardian.(i) The Department has received notification that a member of the AFDC aid group has been approved for SSI.(j) Assistance is to be discontinued as the result of an appeal decision which upholds the county office and an authorization document cannot be submitted by the "cutoff" date.(9) Effect Of Changes Or Appeals During Advance Notice Period - AFDC Only. If during the 10 day advance notice period a recipient presents information about a change in his/her circumstances or additional factual information which alters the decision to reduce or terminate a grant or if a recipient appeals the decision, action to be taken as follows:(a) Appeals - If a recipient appeals during the advance notice period, action in relation to the grant will be delayed until after the appeal decision;(b) Changes in Circumstances or Additional Information .If a recipient reports a change in circumstances or presents additional evidence during the advance notice period which changes the decision, the authorization form is pulled from Central Control files; and 1. If there should be no change in grant, the case will be returned to the files. A revised Notice of Disposition shall be sent to the Recipient advising him/her of the change in the decision.2. If the grant should be increased, the increase is to be authorized. A revised Notice of Disposition shall be sent to the A/R advising him/her of the change in the decision.3. If the original decision to reduce or terminate the grant is unchanged, authorization for the action is submitted after the advance notice period had expired.Tenn. Comp. R. & Regs. 1240-01-19-.07
Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 10, 1981; effective January 25, 1982. Amendment filed May 17, 1983; effective June 16, 1983. Amendment filed August 5, 1986; effective November 29, 1986.Authority: T.C.A. §§ 14-1-105, 14-8-106, 14-8-111, and 14-27-104; Federal Register, Volume 51, Number 60 (March 28, 1986); 7 CFR 273.13(a)(3); 47 CFR 205.10; PL 97-35.