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9500.1259 COUNTY AGENCY RESPONSIBILITIES.

Subpart 1.

[Repealed, 32 SR 1437]

Subp. 2.

Appeals.

The participant may appeal a proposed termination of benefits until five days after the effective date specified in the notice and continue benefits otherwise due, pending the outcome of the appeal. Appeals from proposed terminations of benefits of participants must be heard within 30 days from the date that the appeal was filed.

Subp. 3.

Information about other programs.

A county agency must inform an applicant or recipient about other programs administered by the county agency for which, from the county agency's knowledge of the person's situation, the person may be eligible.

Subp. 4.

Notices.

The county agency shall mail or hand deliver a notice to a recipient no later than ten days before the effective date of the action except as provided in items A to C. A recipient who has failed to provide the county agency with a mailing address must be assigned a schedule by which the recipient is to visit the agency to pick up any notices. Notices will be deemed to have been delivered on the date of the recipient's next scheduled visit to the county agency.

A.

A county agency shall mail a notice to a recipient no later than five days before the effective date of the action when the county agency has factual information which requires an action to reduce, suspend, or terminate assistance based on probable fraud.

B.

A county agency must mail or hand deliver a notice to a recipient no later than the effective date of the action when:

(1)

the county agency receives a recipient's household report form which includes facts that require payment reduction, suspension, or termination and which contains the recipient's signed acknowledgment that this information will be used to determine program eligibility or the assistance payment amount;

(2)

the county agency verifies the death of a recipient or the payee;

(3)

the county agency receives a signed statement from a recipient that assistance is no longer wanted;

(4)

the county agency receives a signed statement from a recipient that provides information which requires the termination or reduction of assistance, and the recipient shows in that statement that the recipient understands the consequences of providing that information;

(5)

the county agency verifies that a member of an assistance unit has been approved to receive assistance by another county or state; or

(6)

the county agency cannot locate a payee's whereabouts and mail from the local agency has been returned by the post office showing that the post office has no forwarding address.

C.

Whenever any provision of this subpart conflicts with any special notice requirements of another part, those special notice provisions shall prevail.

Statutory Authority:

MS s 256D.01; 256D.04; 256D.051; 256D.06; 256D.08; 256D.09; 256D.111

History:

15 SR 1842; L 2004 c 206 s 52; 32 SR 1437

Published Electronically:

October 16, 2013

Official Publication of the State of Minnesota
Revisor of Statutes