22 Va. Admin. Code § 40-295-90

Current through Register Vol. 41, No. 4, October 8, 2024

Section 22VAC40-295-90 - Notice of adverse action

A. Prior to any action to reduce or terminate an assistance unit's TANF assistance, the agency shall provide a notice of adverse action before the adverse action is taken.

B. The notice of adverse action shall be issued at least 10 days before the date upon which the action to reduce or terminate assistance would become effective. If a recipient requests a hearing before the effective date of such action, his assistance may not be reduced or terminated until a decision is rendered after a hearing unless the recipient requests that he not receive continued assistance pending a hearing decision. If the effective date of the action falls on a weekend or holiday, and a request for a hearing is received the day after the weekend or holiday, the hearing request shall be considered to have been made prior to the effective date of the action.

C. The notice of adverse action shall explain in easily understandable language:

1. The proposed action;

2. The reason for the proposed action;

3. The assistance unit's right to request a hearing;

4. The telephone number of the office, to include a toll-free number or a number where collect calls will be accepted for recipients outside the local calling area;

5. The availability of continued benefits;

6. The liability of the assistance unit for any overpayments received while awaiting a hearing if the hearing officer's decision is adverse to the assistance unit; and

7. The availability of an individual or organization that provides free legal representation, if such a service is available.

1. The local agency may notify an assistance unit that its benefits will be reduced or terminated no later than the date the assistance unit receives, or would have received, its payment, if any of the following conditions are met:

a. The assistance unit reports the information that results in the reduction or termination, and the agency can determine the payment or ineligibility based solely on the information provided by the assistance unit;

b. The agency determines, based on reliable information, that all members of an assistance unit have died;

c. The agency determines, based on reliable information, that all members of an assistance unit have moved from the locality; or

d. The assistance unit voluntarily requests that its participation be terminated.

2. The assistance unit retains its rights to a fair hearing, and if a hearing request is received prior to the effective date of any proposed change in benefit status, the assistance unit appealing such change shall have the right to continued direct payment of TANF benefits pending final administrative action on such appeal.

E. Individual notices of adverse action shall not be provided when:

1. The agency initiates a mass change that affects the entire caseload or significant portions of the caseload; or

2. The assistance unit's monthly payment varies from month to month to take into account changes that were anticipated at the time of application or redetermination, and the assistance unit was so notified in writing at that time.

22 Va. Admin. Code § 40-295-90

Derived from Virginia Register Volume 20, Issue 23, eff. September 1, 2004.

Statutory Authority

§ 63.2-217 of the Code of Virginia.