10 Colo. Code Regs. § 2506-1-4.608
Current through Register Vol. 47, No. 22, November 25, 2024
Section 10 CCR 2506-1-4.608 - ADVANCE NOTICE OF ADVERSE ACTIONA. The local office shall notify a household of any change from its prior benefit level, the reason for the action and the date the action becomes effective on the Notice of Action form except as specified in Section 4.608.1 . The Notice of Overpayment form is used as the Notice of Adverse Action for claims and the resulting recoupment for failure to respond.B. Households shall receive advance Notice of Adverse Action, giving at least ten (10) calendar days advance notice, plus one additional calendar day for mailing time, before any adverse action, such as a benefit reduction, suspension, termination or denial, becomes effective during the certification period, except as specified in Section 4.608.1 . Households participating in the address confidentiality program (ACP) shall receive five (5) additional calendar days for mailing time. When acting on a change, if the ten (10) calendar day advance notice period, plus the additional calendar day(s) for mailing time, can be given in the month the Notice of Adverse Action is sent, the notice shall be effective on the last day of the month the notice is sent.
If the ten (10) calendar day advance notice period, plus the additional calendar day(s) for mailing, extends into the following month, the notice shall be effective on the last day of the month the notice expires. The notice of adverse action expires eleven (11) calendar days from the date it is issued or fifteen (15) calendar days for households participating in the ACP. The notice shall explain the reason for the proposed action and the date the action becomes effective.
If the advance notice period ends on a weekend or holiday and a request for a fair hearing and continuation of benefits are received the business day after the weekend or holiday, the request shall be considered timely received.
For changes that result in a decreased allotment or ineligibility, the local office shall issue a notice of adverse action within ten (10) calendar days of the date the change is considered reported, which will affect the next regularly scheduled allotment after the month in which the advance Notice of Adverse Action period expires.
C. Prior to the effective date of the Notice of Adverse Action, a participant household may request a conference with the staff of the certification office responsible for the decision to take the adverse action, or the household may file an appeal of such action.D. The participant household may also, prior to the effective date of the Notice of Adverse Action, either before or after the conference, appeal the proposed action. Households that timely request a hearing may be entitled to continued benefits. The eligibility technician shall explain to the household that a demand will be made for any benefits determined by the hearing officer to have been over-issued.4.608.1Changes Not Requiring Advance Notice of Adverse ActionAdvance Notice of Adverse Action may be given, but is not required in the following situations:
A. The state department initiates mass changes outlined in Section 4.607, A. Such changes must be publicized in advance. Announcements may be handed out or mailed to affected participant households.B. The local office determines based on reliable information that meets verification requirements that all members of a household have died.C. The local office determines based on reliable information that meets verification requirements that the household has moved from the project area.D. The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the increased allotment would terminate.E. The household's allotment varies from month to month within the certification period to consider changes that were anticipated at the time of certification, and the household was notified at the time of certification.F. The household applied for PA and SNAP jointly and has been receiving SNAP benefits pending the approval of the PA grant and was notified at the time of certification that SNAP benefits would be reduced upon approval of the PA grant.G. The certification office has elected to assign a longer certification period to a household certified on an expedited basis and for whom verification was postponed provided the household has received prior written notice that verification may result in a reduction in benefits.H. As a result of the facility's loss of state or USDA/FNS authorization, the local office terminates eligibility of those residents in a drug or alcohol treatment center or group living arrangement, who are certified with the facility acting as authorized representative.I. A household member is disqualified for an IPV/fraud or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.J. Converting a household from cash and/or SNAP repayment for claims to allotment reduction because of a failure to make agreed-on repayments.K. The household was issued a repayment agreement for a claim and failed to respond. For households participating in the program that do not respond to the repayment agreement, benefit recoupment will be initiated.L. A change that is reported at recertification for a household certified for six (6) months, or at periodic report for a household certified for twenty-four (24) months, which results in a decrease to the household's SNAP allotment.37 CR 15, August 10, 2014, effective 9/1/201437 CR 21, November 10,2014, effective 12/1/201438 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 05, March 10, 2016, effective 4/1/201639 CR 07, April 10, 2016, effective 5/1/201639 CR 15, August 10, 2016, effective 9/1/201639 CR 17, September 10, 2016, effective 10/1/201639 CR 19, October 10, 2016, effective 11/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 15, August 10, 2018, effective 9/1/201840 CR 23, December 10, 2017, effective 12/30/201842 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 17, September 10, 2019, effective 10/1/201942 CR 18, October 10, 2019, effective 10/1/201942 CR 23, December 10, 2019, effective 12/30/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 05, March 10, 2020, effective 2/7/202043 CR 07, April 10, 2020, effective 4/30/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 21, November 10, 2021, effective 11/30/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 19, October 10, 2022, effective 10/1/202245 CR 19, October 10, 2022, effective 11/1/202245 CR 21, November 10, 2022, effective 11/30/2022