Section 4-2 - Notice to Contestant of Right to a Hearing (a) The Division must inform every applicant in writing: - (i) Of the right to a hearing;
- (ii) Of the method by which a hearing may be obtained; and
- (iii) That representation may be by self, or use of legal counsel, a relative, a friend, or other spokesperson.
(b) The Division must provide the above hearing information: - (i) At the time of any action affecting benefits.
- (ii) At the time the person applies for benefits; and
- (iii) At the time of any action affecting his claim.
(c) The Division must mail a notice at least ten (10) days before the date of action, unless an exception exists. The notice must contain: - (i) A statement of the intended action;
- (ii) The reasons for the intended action;
- (iii) The specific regulations that support, or the change in Federal or State law or regulation that requires, the action;
- (iv) An explanation of:
- (A) The individual's right to request a hearing; or
- (B) In cases of action based on a change in law or regulation, the circumstances under which a hearing will be granted; and
- (C) The circumstances under which benefits may be continued if a hearing is requested.
(d) The Division may mail notice not later than the date of action if: - (i) The Division has factual information confirming the death of a client;
- (ii) The Division receives notification that a client:
- (A) No longer requires services; or
- (B) Gives information that requires termination or reduction of services;
- (iii) The client has been admitted to an institution and is ineligible under the plan for further services;
- (iv) The client's whereabouts are unknown and the post office returns agency mail indicating no forwarding address;
- (v) The Division establishes the fact that the client has been accepted for benefits by another local jurisdiction, State, territory, or commonwealth; or
- (vi) A change in the level of medical care is prescribed by the client's physician.