[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.54]



[Page 354-355]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                    Subpart E_Refugee Cash Assistance

 

Sec.  400.54  Notice and hearings.



    (a) Timely and adequate notice. (1) A written notice must be sent or 

provided to a recipient at least 10 days before the date upon which 

refugee cash assistance will be reduced, suspended, or terminated.

    (2) In providing notice to an applicant or recipient to indicate 

that assistance has been authorized, denied, reduced, suspended, or 

terminated, the written notice must clearly state the action that will 

be taken, the reasons for the action, and the right to request a 

hearing.

    (3) In providing notice to an applicant or recipient to indicate 

that assistance has been authorized, denied, reduced, suspended, or 

terminated, the State or its designee agency(s) must specify the 

program(s) to which the notice applies, clearly distinguishing between 

RCA and other assistance programs. For example, in the case of a 

publicly-administered program, if a refugee applies for assistance and 

is determined ineligible for TANF but eligible for refugee cash 

assistance, the notice to the applicant must specify clearly the 

determinations with respect both to TANF and to refugee cash assistance. 

When a recipient of refugee cash assistance is notified of termination 

because of reaching the time limit on such assistance, the State or its 

designee must review the case file to determine possible eligibility for 

TANF or GA due to changed circumstances and the notice to the recipient 

must indicate the result of that determination as well as the 

termination of RCA.

    (b) Hearings. All applicants for and recipients of refugee cash 

assistance must be provided an opportunity for a



[[Page 355]]



hearing to contest adverse determinations. States must ensure that 

hearings meet the due process standards in Goldberg v. Kelly, 397 U.S. 

254 (1970).

    (1) Public/private RCA programs. The State must specify in the 

public/private RCA plan the hearing procedures to be used in the RCA 

program. The plan may specify that the local resettlement agency(s) will 

refer all hearing requests to a State-administered hearing process. If 

the plan does not specify the use of a State-administered hearing 

process, then the procedures to be followed must include:

    (i) The State or local resettlement agency(s) responsible for the 

provision of RCA must provide an applicant for or recipient of refugee 

cash assistance an opportunity for an oral hearing to contest adverse 

determinations. Hearings must be conducted by an impartial official or 

designee of the State or local resettlement agency who has not been 

involved directly in the initial determination of the action in 

question.

    (ii) The State must ensure that procedures are established to 

provide refugees a right of final appeal for an in-person hearing 

provided by an impartial, independent entity outside of the local 

resettlement agency.

    (iii) Final administrative action must be taken within 60 days from 

the date of a request for a hearing.

    (2) Publicly-administered RCA programs. The State must specify in 

the State Plan referenced in Sec.  400.4 the public agency hearing 

procedures it intends to use in the RCA program.

    (3) In both a public/private RCA program and a publicly-administered 

RCA program, the written notice of any hearing determination must 

adequately explain the basis for the decision and the refugee's right to 

request any further administrative or judicial review.

    (4) In both a public/private RCA program and a publicly-administered 

RCA program, a refugee's benefits may not be terminated prior to 

completion of final administrative action, but are subject to recovery 

by the agency if the action is sustained.

    (5) In both a public/private RCA program and a publicly-administered 

RCA program, a hearing need not be granted when Federal law requires 

automatic grant adjustments for classes of recipients unless the reason 

for an individual appeal is an incorrect grant computation.

    (6) In both a public/private RCA program and a publicly-administered 

RCA program, a hearing need not be granted when assistance is terminated 

because the eligibility time period imposed by law has been reached, 

unless there is a disputed issue of fact that is unresolved by the 

process in Sec.  400.23.