§ 578.91. Termination of assistance to program participants.
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/us/cfr/t24/s§ 578.91·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Termination of assistance. The recipient or subrecipient may terminate assistance to a program participant who violates program requirements or conditions of occupancy. Termination under this section does not bar the recipient or subrecipient from providing further assistance at a later date to the same individual or family.
(b)Due process. In terminating assistance to a program participant, the recipient or subrecipient must provide a formal process that recognizes the rights of individuals receiving assistance under the due process of law. This process, at a minimum, must consist of:
(1)Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance;
(2)Written notice to the program participant containing a clear statement of the reasons for termination;
(3)A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and
(4)Prompt written notice of the final decision to the program participant.
(c)Hard-to-house populations. Recipients and subrecipients that are providing permanent supportive housing for hard-to-house populations of homeless persons must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination so that a program participant's assistance is terminated only in the most severe cases.