577.3 Advance Notice of Adverse Action

The CAO must give every household a timely and adequate Advance Notice before taking any action to reduce or end benefits within a certification period. (See Section 577.4 for actions that do not require an Advance Notice.)    

  7 CFR § 273.13 (a)(1) and 55 Pa. Code § 501.9(h)

The CAO must mail the Advance Notice at least 13 days before the proposed effective date of the action. The day after the mailing date is the first day of the 13-day time period. This 13-day period gives the household time to exercise its right of appeal with benefits continued pending the hearing decision. If the CAO receives the hearing request on the next work day after a 13-day period that ends on a weekend or holiday, benefits must continue pending the hearing decision.

To meet required time frames, the CAO may take action before the 13-day period ends. If action has been taken and the household appeals within 13 days and has not waived continuation, the CAO must make sure that a supplemental benefit is available to the household by the normal due date of the regular benefit. The supplemental benefit must cover the difference in benefit amounts.

In addition to the information on all notices, the advance notice of adverse action must include the following:  

 7 CFR § 273.13 (a)(2)

The CAO must use the Advance Notice only to propose an adverse action after a household has failed to meet a program requirement. The CAO must not use the Advance Notice to schedule an appointment or to request verification.

Reissued March 1, 2012, replacing May 4, 2009