Current through codified legislation effective September 18, 2024
Section 4-205.55 - Timely and adequate notice of action to discontinue, etc., assistance(a) The Mayor shall give timely and adequate notice in cases of intended action to discontinue, withhold, terminate, suspend, reduce assistance, or make assistance subject to additional conditions, or to change the manner or form of payment to a protective, vendor, or 2-party payment. (1) "Timely" means that the notice is postmarked at least 15 days before the date upon which the action would become effective, except as provided in § 4-205.54(d).(2) "Adequate" means that the written notice includes a statement of what action the Mayor intends to take, the reasons for the intended action, the specific law and regulations supporting the action, an explanation of the individual's right to request a hearing, and the circumstances under which assistance will be continued if a hearing is requested.(b) The Mayor may dispense with timely notice, but shall send adequate notice no later than the date upon which the action would become effective when: (1) The Mayor has factual information confirming the death of a recipient or of the TANF or POWER payee when there is no relative available to serve as new payee;(2) The Mayor receives a clear written statement signed by a recipient that states that he or she no longer wishes assistance, or that gives information that requires termination or reduction of assistance, and the recipient has indicated, in writing, that he or she understands the consequence of supplying this information;(3) The recipient's whereabouts are unknown and mail sent to him or her has been returned by the post office indicating no known forwarding address. (If the recipient's whereabouts become known during the payment period covered by a returned check, the recipient's check shall be made available to him or her by the Mayor.);(4) The recipient has been accepted for assistance in a new jurisdiction and that fact has been previously established by the Mayor; or(5) A special allowance granted for a specific period is terminated and the recipient had been informed in writing at the time the allowance was granted that the allowance shall automatically terminate at the end of the specified period.(c) When changes in District of Columbia law require automatic grant adjustments for classes of recipients, timely notice of these grant adjustments shall be given, which shall be deemed "adequate" if it includes a statement of the intended action, the reasons for the intended action, a statement of the specific change in law requiring the action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.Apr. 6, 1982, D.C. Law 4-101, § 555, 29 DCR 1060; Sept. 10, 1985, D.C. Law 6-35, § 2(j), 32 DCR 3778; Apr. 20, 1999, D.C. Law 12-241, § 2(tt), 46 DCR 905.