Section 2-3 - Notice of Adverse Action Except as otherwise specified in this rule, the Agency shall provide notice of final action at least ten (10) days before its effective date.
(a) Notice of the denial of an application shall be effective the date of receipt.
(b) The Agency may provide notice of final action not later than the effective date if - (i) The Agency has factual information confirming the death of a client or applicant;
- (ii) The Agency receives a clear written statement signed by a client or applicant that:
- (A) The client or applicant no longer wishes services;
- (B) Gives information that requires termination or reduction of services and indicates an understanding that this must be the result of supplying that information; or
- (C) The client or applicant elected to receive services from another provider or institution.
- (iii) The client or applicant's whereabouts are unknown and the post office returns agency mail indicating no forwarding address;
- (iv) The Agency establishes that the recipient was accepted for benefits or is receiving services by another jurisdiction, state, territory, or commonwealth;
- (v) The client's physician prescribes a change in the level of medical care; or
- (vi) The decision was made due to the health, safety, or welfare of the client.
(c) Except as otherwise provided by these rules, the Agency's notice of final action shall include a statement of: - (i) The reasons for and the evidence supporting the Agency's action;
- (ii) The effective date of the action;
- (iii) The specific regulations that support the action or the change in Federal or State law that requires the action;
- (iv) The right to reconsideration or a hearing;
- (v) A contestant's failure to request reconsideration, which shall result in the denial of the contestant's right to request a hearing, where applicable;
- (vi) The method of requesting reconsideration or a hearing; and
- (vii) The applicant or client's right to be represented by a lawyer, relative, friend, or other spokesperson, including the availability of legal services and the phone number and address of the Protection and Advocacy System, Inc.