10-144-301 Me. Code R. § 700-FS 777-5
GENERAL RULE - Whenever the agency takes an action affecting the household's eligibility or benefits, an adequate notice shall be provided (FS 999-1).
EXCEPTION: No notice is required when the entire household dies or moves out of State.
NOTE: The Department will use the same procedure when mailing documents or an EBT card to the designated address of a participant in the Address Confidentiality Program (ACP). The administrators of the Address Confidentiality Program will then forward the mail to the ACP participant. Therefore, the ACP participant will experience delays in receiving mail.
APPLICATION NOTICES - Applicant households shall be mailed an adequate notice of the agency's action within thirty days of the application date. The notice shall contain the following:
REDETERMINATION NOTICES - Participating households which meet the "timely redetermination" time standards listed at FS 666-9 shall be mailed an adequate notice of the agency action by the end of the household's current certification period.
Participating households which do not meet the timely redetermination time standards shall be mailed an adequate notice of agency action within 30 days after the date the redetermination form was filed.
ADVANCE NOTICE RESULTING FROM REPORTED CHANGES AND COMPUTER MATCHES OTHER THAN BEERS or IRS - When a change results in a decrease, closure, or suspension, the household shall be mailed an adequate notice at least twelve days in advance of the effective date of the action.
EXCEPTIONS: Advance notice is not required for the following instances:
- the household's address is unknown and mail directed to it has been returned by the post office indicating no known forwarding address, and there has been an attempt to contact the household by phone. If household contacts the Department within 30 days of closure date, benefits can be reinstated.
- a mass change which is not based upon a computer to computer match with Federal records;
- the decrease or closure is solely due to written information provided and signed by a responsible member of the household which includes a request that the action take effect immediately;
- the household voluntarily requests, in writing or verbally to a case worker, that its participation be terminated. If the request is verbal, the caseworker shall send the household a letter confirming the voluntary withdrawal.
- mandatory allotment reduction;
- the household has been receiving restored benefits in installments and the restoration has been completed;
- the decrease or closure is the result of a disqualification for an intentional program violation.
NOTE: Adequate notice of the agency action shall be mailed at least five (5) days prior to the normal issuance date.
ADVANCE NOTICE RESULTING FROM COMPUTER TO COMPUTER MATCHES WITH BEERS or IRS RECORDS When an adverse action is the result of a computer to computer match involving automated BEERS or IRS records, the household shall be mailed an adequate notice at least 30 days in advance of the effective date of the action.
OTHER CHANGE NOTICES When a reported change results in an increase or the benefit remains the same, the household will be mailed an adequate notice at least five days prior to the normal issuance date.
10-144 C.M.R. ch. 301, § 700-FS 777-5