Section 7 AAC 41.405 - Notice of proposed action(a) The department wilt or designee shall give at least 10 days' written notice to a participating family before taking an action to reduce or terminate program benefits. The 10-day notice period begins the date the notice is sent and advises the family of the right to request a hearing under 7 AAC 49, unless (1) the family indicates in writing that the family no longer desires program benefits;(2) the family's whereabouts are unknown and mail directed to the family's last known address was returned by the post office indicating no known forwarding address; or(3) the department has information evidencing that the only participating child of the family is no longer part of the family unit or is deceased.(b) In a circumstance described in (a)(1) - (3) of this section, the department will or the designee shall terminate program benefits without prior notice.(c) The department will or designee shall give at least 10 days' written notice to a participating provider before taking an action to terminate program participation. The 10-day notice period begins the date the notice is sent and advises the provider of the right to request a hearing under 7 AAC 41.443 unless (1) die provider indicates in writing that the provider no longer wants to participate in the program;(2) the department has information evidencing that the provider is deceased; or(3) the provider's whereabouts are unknown and mail directed to the provider's last known address was returned by the post office indicating no known forwarding address or that the forwarding address is an out-of-state address.(d) In a circumstance described in (c)(1) - (3) of this section, the department will or the designee shall terminate program participation without prior notice.(e) A family or provider aggrieved by a written determination made under this chapter to deny, suspend, or terminate program participation or the amount of payment under the program, except for intentional program violation determinations under 7 AAC 41.410 and 7 AAC 41.423, may request a hearing. A hearing for a family will be held under 7 AAC 49 and a hearing for a provider will be held under 7 AAC 41.443. Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017Authority:AS 47.05.010
AS 47.25.001