<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 07.03.07.12" title_num="07" subtitle_num="03" chapter_num="07" heading="Advance Notice of Termination or Reduction.">
  <paragraph num="A.">
    <text>Except as expressly provided in §§C and D of this regulation, the local department may not reduce, suspend, or terminate a benefit unless timely and adequate advance notice has been given to the recipient.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Except as expressly provided in §D of this regulation, in this regulation the following terms have the meanings indicated:</text>
    <paragraph num="(1)">
      <text>“Adequate” means a written notice that includes a statement of:</text>
      <paragraph num="(a)">
        <text>What action the agency intends to take;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The reasons for the intended agency action;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The specific regulations supporting this action;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The explanation of the individual's right to request a fair hearing; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The circumstances under which assistance is continued, if a hearing is requested.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Timely” means that the notice is mailed at least 10 days before the first day of the calendar month in which the action becomes effective.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The local department may dispense with timely notice but shall send adequate notice no later than the date of action, when:</text>
    <paragraph num="(1)">
      <text>The local department has factual information confirming the death of a recipient;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local department receives a clear written statement signed by the recipient that:</text>
      <paragraph num="(a)">
        <text>The recipient no longer wishes assistance; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Gives information which requires termination or reduction of assistance and the recipient has indicated in writing the recipient's understanding that this is the consequence of supplying the information;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The recipient's whereabouts are unknown;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A recipient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The local department has factual information confirming that the recipient was admitted to a public institution; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The local department has confirmed that the recipient and assisted living facility operator are using the program funds in fraudulent manner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>When changes in either State or federal law require automatic grant adjustments for classes of recipients, the local department shall give timely and adequate notice of an adjustment to assistance which includes:</text>
    <paragraph num="(1)">
      <text>A statement of the intended action;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reasons for that action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A statement of a specific change in law requiring that action; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A statement of the circumstances under which a hearing may be obtained and assistance continued.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Unless continuation of assistance pending a hearing decision is required, the local department shall take action to reduce, suspend, or end the assistance:</text>
    <paragraph num="(1)">
      <text>When a conference with the recipient or the recipient's representative confirms that the action is appropriate;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When one or more of the conditions set forth in §C or D of this regulation are met; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Following the end of the required notice period.</text>
    </paragraph>
  </paragraph>
</regulation>