Utah Admin. Code R986-100-122 - Advance Notice of Department Action

(1) Except as provided in (2) below or otherwise set forth by rule, interested persons will be notified in writing when a decision concerning eligibility, amount of assistance payment or action on the part of the Department which affects the interested person's eligibility or amount of assistance has been made. Notice will be sent prior to the effective date of any action to reduce or terminate assistance payments. The Department will send advance notice of its intent to collect overpayments or to disqualify an interested person.

(2) Except for overpayments, advance notice is not required when:

(a) the interested person requests in writing that the case be closed;

(b) a client has been admitted to an institution under governmental administrative supervision;

(c) a client has been placed in skilled nursing care, intermediate care, or long-term hospitalization;

(d) the interested person's whereabouts are unknown and mail sent to the interested person has been returned by the post office with no forwarding address;

(e) it has been determined the interested person is receiving public assistance in another state;

(f) a child in a household has been removed from the home by court order or by voluntary relinquishment;

(g) a special allowance provided for a specific period is ended and the interested person was informed in writing at the time the allowance began that it would terminate at the end of the specified period;

(h) a household member has been disqualified for an IPV in accordance with 7 CFR 273.16, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member;

(i) the Department has received factual information confirming the death of the interested person if there is no other relative able to serve as a new payee;

(j) the relevant certification period has expired;

(k) the action to terminate assistance is based on the expiration of the time limits imposed by the program;

(l) the interested person has provided information to the Department, or the Department has information obtained from another reliable source, that the interested person is not eligible or that payment should be reduced or terminated;

(m) the Department determines that the interested person willfully withheld information or;

(n) when payment of financial assistance is made after performance under R986-200-215 and R986-400-454 no advance notice is needed when performance requirements are not met.

(3) For SNAP recipients and recipients of assistance under R986-300, no action will be taken until ten days after notice was sent unless one of the exceptions in (2)(a) through (k) above apply.

(4) Notice is complete if sent to the interested person's last known address. If notice is sent to the interested person's last known address and the notice is returned by the post office or electronically with no forwarding address, the notice will be considered to have been properly served. If an interested person elects to receive correspondence electronically, notice is complete when sent to the interested person's last known email address or posted to the interested person's Department sponsored web page.

Notes

Utah Admin. Code R986-100-122

Amended by Utah State Bulletin Number 2018-16, effective 7/23/2018