§ 582.320. Termination of assistance to participants.
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/us/cfr/t24/s§ 582.320·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Termination of assistance. The recipient may terminate assistance to a participant who violates program requirements or conditions of occupancy. Recipients must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination, so that a participant's assistance is terminated only in the most severe cases. Recipients are not prohibited from resuming assistance to a participant whose assistance has been terminated.
(b)Due process. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of:
(1)Written notice to the participant containing a clear statement of the reasons for termination;
(2)A review of the decision, in which the 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
(3)Prompt written notice of the final decision to the participant.