481-2        TIMELY NOTICE REQUIREMENTS

481-2 A.   TIMELY NOTICE DEFINED

In addition to being adequate, some notices also must be timely.  Timely notice must be given for all adverse actions, except for those situations listed in section 481-1(B) above.  An adverse action is any action taken to reduce, suspend, deny, or terminate benefits.  Timely notice means that:

1. The notice must meet all the requirements of an adequate notice; and

2. The case worker must give or mail the notice to the applicant or recipient at least 10 days before the date the action will become effective.

Note:

The notice of adverse action shall be considered timely if it is mailed at least 10 days prior to the date the action becomes effective.  The 10 day count begins the day after the notice is mailed.

Example:

Julie reported a new job on Friday, August 12.  On Wednesday, August 17, the ET contacted the employer to verify Julie's pay and took action to reduce her benefits for the following month.  The notice was printed overnight and brought to the post office on Thursday, August 18.  The 10 day count begins Friday, August 19.  Because the 10th day falls on Sunday, August 28, the adverse action notice is considered timely.

481-2 B.   SITUATIONS WHICH REQUIRE TIMELY NOTICE

The case worker must provide timely notice in the following situations:

1. Action to terminate benefits.

2. Action to reduce or suspend benefits.

3. Adverse action taken on a review application.