218 R.I. Code R. 218-RICR-20-00-1.14 - [Effective 4/29/2025] Notices
A. Notice for Mass Changes
1. When the agency makes a mass change in
SNAP eligibility or benefits , it must notify all households whose benefits are
reduced or terminated.
a. The agency must
notify the household of the mass change on the date the household is scheduled
to receive the allotment which has been changed.
b. The agency must notify the household of
the mass change as much before the household's scheduled issuance date as
reasonably possible, although the notice need not be given any earlier than the
time required for advance notice of adverse action.
c. The household is entitled to request a
fair hearing when it is aggrieved by the mass change.
(1) A household which requests a fair hearing
due to a mass change is entitled to continued benefits at its previous level
only if the household meets three (3) criteria:
(AA) The household does not specifically
waive its right to a continuation of benefits ;
(BB) The household requests a fair hearing in
accordance with §
1.22 of this Part; and
(CC) The household's fair hearing is based
upon improper computation of SNAP eligibility or benefits , or upon
misapplication or misinterpretation of Federal law or Regulation.
B.
Notice of Adverse Action
1. Prior to any
action to reduce or terminate a household's benefits within the certification
period, the agency must, except as provided in §
1.14(C) of this Part,
provide the household timely and adequate advance notice before the adverse
action is taken.
2. The notice of
adverse action is considered adequate if it explains in easily understandable
language:
a. The proposed action;
b. The reason for the proposed
action;
c. The household's right to
request a fair hearing;
d. The
telephone number to contact for additional information;
e. The availability of continued
benefits ;
f. The liability of the
household for any over issuances received while awaiting a fair hearing
decision if such decision is adverse to the household; and,
g. The availability of free legal
representation.
3. The
notice of adverse action is considered timely if the advance notice period
conforms to the adequate notice period of the public assistance caseload,
provided that the period includes at least ten (10) days from the date the
notice is mailed to the date upon which the action becomes effective.
a. 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 day after the weekend or holiday, the request must be
considered timely received.
4. The agency representative may notify a
household that its benefits will be reduced or terminated, no later than the
date the household receives, or would have received, its allotment, if the
following conditions are met:
a. The household
reports the information which results in the reduction or
termination;
b. The reported
information is in writing and signed by the household;
c. Based solely upon the household's written
information, the agency representative can determine the household's allotment
or ineligibility;
d. The household
retains its right to a fair hearing.
e. The household retains its right to
continued benefits by requesting a fair hearing within the time period provided
by the notice of adverse action.
(1) The
agency representative continues or reinstates the household's previous benefit
level, if required, within five (5) working days of the household's request for
a fair hearing.
C. Exemptions from Notice Requirements
1. Individual notices of adverse action are
not provided in the following situations:
a.
Mass Change
b. Notice of Death: The
agency representative determines, based on reliable information that all
members of a household have died.
c. Move from Project Area: The agency
representative determines, based on reliable information that the household has
moved from the State .
(1) The agency shall
inform the household of its termination no later than its next scheduled
issuance date.
(2) The agency shall
not delay terminating the household's participation in order to provide
advanced notice.
d.
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, when the increased allotment
would terminate.
e. Anticipated
Changes in the Monthly Allotment: The household's allotment varies from month
to month within the certification period to take into account changes which
were anticipated at the time of certification, and the household was so
notified at the time of certification.
f. Benefit Reduction Upon Approval of the
Household's RI Works/GPA Application: The household jointly applied for RI
Works/GPA and SNAP benefits and has been receiving SNAP benefits pending the
approval of the RI Works/GPA grant and was notified at the time of
certification that SNAP benefits would be reduced upon approval of the RI
Works/GPA grant.
g.
Disqualification for Intentional Program Violation: A household member is
disqualified for intentional program violation, in accordance with §
1.9 of this Part or the benefits of the remaining household members are reduced or
terminated to reflect the disqualification of that household member.
(1) A notice must be sent to a currently
participating household prior to a reduction or termination of benefits if a
household member is found through a disqualified recipient match to be within
the period of disqualification for an intentional program violation penalty
determined in another State .
(2)
The notice requirements for individuals or households affected by intentional
program violation disqualifications are explained in §
1.9 of this
Part.
h. Expedited
Service Approvals with Postponed Verification: The agency has assigned a longer
certification period to a household certified on an expedited basis and the
household has received written notice that the receipt of benefits beyond the
month of application is contingent on its providing verification which was
initially postponed and that the agency may act on the verified information
without further notice.
i.
Conversion from Cash/SNAP Repayment to Benefit Reduction: Converting a
household from cash and/or SNAP repayment to benefit reduction as a result of
failure to make agreed-upon repayment, as discussed in § 1.17.1 of this
Part.
j. Resident of Drug/Alcoholic
Treatment Center or Group Living Arrangement: The agency is terminating the
eligibility of a resident of a drug or alcoholic treatment center or a group
living arrangement if the facility loses either its certification from the
BHDDH or has its status as an authorized representative suspended due to
disqualification as a retailer by FNS.
(1)
However, residents of group living arrangements applying on their own behalf
are still eligible to participate.
k. Household Request: The household
voluntarily requests, in writing or in the presence of an agency
representative, that its participation be terminated.
(1) If the household does not provide a
written request, the agency must send the household a letter confirming the
voluntary withdrawal.
(2) Written
confirmation does not entail the same rights as a notice of adverse action
except that the household may request a fair hearing.
l. Previous Notification Received Regarding
Collection of a Claim: The agency initiates recoupment of a claim against a
household which has previously received a notice of adverse action with respect
to such claim.
Notes
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