65A-2.031. Advance Notice: Written Ten Day Advance Notice  

Effective on Sunday, December 16, 2001
  • 1(1) Written notification must be given or mailed to an individual receiving Optional State Supplementation ten days in advance of action to terminate or reduce the payment.

    28(2) Exception. Conformity to ten day advance notice is waived in the following situations, but written notification must be given or mailed to the individual or their authorized representative prior to the effective date of the action:

    65(a) When termination is due to death;

    72(b) When an individual or their authorized representative requests termination or reduction of assistance in writing;

    88(c) When the Department is unable to locate an individual as evidenced by the return of a letter of a recent date, with an indication that the letter could not be delivered due to no forwarding address, and no further information for locating the individual is available;

    135(d) When an administrative or fair hearing has been denied, the benefits that were continued without reduction pending the outcome of the hearing may be reduced with no advance notice of adverse action to the individual; or

    172(e) When systems transactions fail to reduce or terminate assistance correctly and notice has previously been given.

    189Rulemaking Authority 191409.212(7) FS. 193Law Implemented 195409.212 FS. 197History–New 1-1-77, Formerly 10C-2.31, 10C-2.031, Amended 12-16-01.


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