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PART II: BASIC RIGHTS AND RESPONSIBILITIES
CHAPTER 3: RIGHTS AND RESPONSIBILITIES OF THE DEPARTMENT
GENERAL RESPONSIBILITIES OF THE DEPARTMENT (CONTINUNED) 3.4
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The Department is required to inform all applicants/recipients of IMA programs of the scope, conditions of eligibility, requirements, opportunity to register to vote, rights and responsibilities, and potential risks, fines, and consequences if program rules are violated.
- The Department is required to inform applicants/recipients that some but not all information provided by applicants/recipients and information about eligibility and benefits will be matched regularly with information from various employment databases, including but not limited to those maintained by the D.C. Department of Employment Services(DOES), U.S. Internal Revenue Service (IRS), Social Security Administration (SSA), and other states.
- The Department is required to inform applicants/recipients of the program provisions regarding fleeing felons and parole violators. The Department is also required to comply and respond to requests for information from law enforcement agencies on fleeing felons, parole violators, and those for whom there is a warrant for arrest. The Department must also disclose information to law enforcement and related authorities consistent with the National Security Act of 1947 and the “Uniting and Strengthening America Act by Providing AppropriateTools Required to Intercept and Obstruct Terrorism (USA PATRIOT)” Act of 2001. The Department shall inform applicants/recipients of the Department's legal responsibility to respond to such requests for information (see Section 3.5: Confidentiality and Disclosure of Information in this Chapter).
- The Department is required to request data on the race and ethnicity of the households of applicants/recipients, but provision by the customer is voluntary. Although household race and ethnicity will be self-determined, the Department is required to classify household race and ethnicity according to federally defined categories. The applicant's race and ethnicity will represent the race and ethnicity of the entire household.
- The Department must determine an applicant's eligibility for program benefits in accordance with timeliness standards (see Chapter 2: Processing Timeframes in Part III). Applicants must be notified in writing of the Department's eligibility determination. If an applicant is denied benefits, the applicant must be informed of the reason for the denial and the right to appeal the determination (see Section 3.4: Denied in Part III and Chapter 10: Notice of Adverse Action in Part VIII).
- The Department is required to give timely and adequate notice to all recipients if the Department has determined a change in benefits including a plan to:
- discontinue,
- terminate,
- suspend,
- reduce benefits, or
- change the manner or form of benefits
- The Department is required to give notice to applicants/recipients of any reduction in or termination of benefits. The notice must contain the following:
- the specific reasons and legal authority for the intended action or decision,
- the conditions under which benefits and assistance are continued,
- his/her right to a fair hearing on the proposed action,
- the method for obtaining a fair hearing,
- the right to representation, and
- the availability of free legal counsel.
- The Department is required to make the case record available to an applicant, recipient, an authorized representative of the household, or the legal representative of the household for examination during normal business hours upon request of the applicant/recipient or his/her authorized representative. However, the Department may withhold confidential information provided about the household without the household's knowledge, and the Department may withhold information concerning the nature or status of an ongoing criminal investigation or prosecution. However, the Department may not withhold information that forms the basis of an adverse action.
- The Department will publicize the procedures for handling civil rights complaints, the Department's policies of non-discrimination, the procedures for reporting a civil rights violation, and the policies and procedures regarding fair hearings and agency conferences.
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