10A NCAC 23c .0104       DISPOSITION

(a)  Disposition of the application shall complete the application process and shall consist of one of the following actions:

(1)           Approval of assistance;

(2)           Denial of assistance;

(3)           Denial of assistance for ineligible month or months of the certification period and approval for eligible month or months of the certification period; or

(4)           Voluntary withdrawal of the application by the client.  The Income Maintenance Caseworker shall not suggest to the client that he withdraw his application and shall explain alternatives to withdrawal.  The Income Maintenance Caseworker shall explain the client's right to reapply at anytime.

(b)  The county department of social services shall not deny an application prior to 45 days, or for M-AD, 90 days, except when:

(1)           It is established the applicant will not be able to meet the deductible;

(2)           The applicant cannot be located; or

(3)           The applicant refuses to cooperate or provide information to establish eligibility;


History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.912; 42 C.F.R. 435.913; Alexander v. Flaherty, U.S.D.C., W.D.N.C., File No. C-C-74-183, Consent Order filed 15 December 1989; Alexander v. Bruton Consent Order dismissed Effective February 1, 2002;

Eff. September 1, 1984;

Amended Eff. April 1, 1993; August 1, 1990;

Temporary Amendment Eff. March 1, 2003;

Amended Eff. August 1, 2004;

Transferred from 10A NCAC 21B .0206 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.