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ISSUE DATE: 01/2003

If a client is out of compliance with either Refugee Cash Assistance (RCA) or Refugee Employment Services (RES) requirements, send the client a written notice of adverse action to suspend, reduce, or terminate assistance at least 10 days before the effective date of the proposed action. The notice must include the right to request a mediation conference or a fair hearing.

A client may request a mediation conference to settle disagreements regarding a proposed action. The agency or DHS must receive the request for a fair hearing from the client in writing within 30 days of the notice of adverse action. A fair hearing may be conducted to resolve the disagreement.

Do not reduce, suspend or terminate payment when a client requests a fair hearing within 10 days of the mailing of the notice of adverse action, unless the client requests in writing to not receive continued assistance pending a fair hearing decision. However, in no case may assistance continue beyond the 8-month RCA eligibility period.

Assistance issued pending a fair hearing is subject to recovery if, as a result of the fair hearing decision, the client is determined ineligible for assistance or for the amount of the assistance received. The agency may increase or reduce an assistance payment pending an appeal when the circumstances of the client change in ways unrelated to the issue on appeal.

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