Colorado § 26-2-124 - Reconsideration and changes.

§ 26-2-124. Reconsideration and changes.

(1) All assistance payments and social services provided under this article shall be reconsidered as frequently as and in the manner required by rules and regulations of the state department. After such further verification and record as the county department may deem necessary or the rules and regulations of the state department may require, the amount of assistance payments or the social services provided may be changed, or public assistance may be terminated, if the state department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made which would warrant such action.

(2) In accordance with the rules and regulations of the state department, the county department may terminate public assistance at any time for cause, or it may, for cause, suspend public assistance for such period as it may deem proper. Timely notice to persons receiving public assistance, when in fact they are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations.

(3) Whenever assistance payments are terminated, suspended, or in any way changed, the county department shall at once report such decision to the recipient and to the state department setting forth the reason for such action. All such decisions shall be subject to review by the state department in accordance with the rules and regulations of the state department.

Source: L. 73: R&RE, p. 1191, § 2. C.R.S. 1963: § 119-3-24. L. 77: (2) amended, p. 1335, § 5, effective July 15. L. 83: (1) amended, p. 1120, § 1, effective April 29.

ANNOTATION

Specific finding required for termination of benefits. Where the state department fails to make a specific finding of a change of circumstances sufficient to warrant the termination of a recipient's benefits, those benefits may not be terminated. Herrera v. State Dept. of Soc. Servs., 643 P.2d 782 (Colo. App. 1981).

Subsection (1) had the effect of "grandfathering" previously eligible recipients whose disabling conditions have not changed despite subsequent changes in regulations. Herrera v. State Dept. of Soc. Servs., 643 P.2d 782 (Colo. App. 1981) (decided prior to 1983 amendment).