Notice of proposal to suspend, etc.
13. (1) The Director shall not refuse an application for a benefit or suspend or cancel a benefit until more than ten days have elapsed after the Director has given notice of a proposal to do so, together with his or her reasons therefor, to the applicant or recipient. R.S.O. 1990, c. F.2, s. 13 (1). Contents of notice (2) A notice under subsection (1) shall inform the applicant or recipient that he or she may, within ten days after receipt of the notice, file with the Director written representations against the proposed action. R.S.O. 1990, c. F.2, s. 13 (2). Powers of Director (3) Where an applicant or recipient, (a) does not file representations with the Director within ten days after receipt of a notice under subsection (1); or (b) has so filed such representations and the Director has given consideration to them, the Director may carry out the proposed action, and shall give notice of his or her decision, together with the reasons therefor, to the applicant or recipient. R.S.O. 1990, c. F.2, s. 13 (3). Notice of variation (4) Where the Director varies the amount of any allowance or benefit, the Director shall give notice of such variation, together with his or her reasons therefor, to the recipient. R.S.O. 1990, c. F.2, s. 13 (4). Notice of decision (5) A notice under subsection (3) or (4) shall inform the applicant or recipient that he or she is entitled to a hearing by the board of review if he or she delivers or mails to the chair of the board a request therefor in the prescribed form within thirty days after receipt of the notice, and an applicant or recipient who so mails or delivers such a request is entitled to a hearing by the board. R.S.O. 1990, c. F.2, s. 13 (5). Extension of time for requesting hearing (6) The board may extend the time for giving notice by an applicant or recipient under subsection (5), either before or after expiration of the time therein specified, where it is satisfied there are apparent grounds for claiming relief pursuant to a hearing or for appeal and that there are reasonable grounds for applying for the extension. R.S.O. 1990, c. F.2, s. 13 (6). How notice may be given (7) A notice by the Director under this section may be given by delivering it personally or by sending it by prepaid mail addressed to the applicant or recipient at his or her address last known to the Director and, where notice is sent by mail, the notice shall be presumed to have been received on the third day after the day of mailing unless the person to whom notice is given did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice until a later date. R.S.O. 1990, c. F.2, s. 13 (7). Effective date of decision (8) A decision of the Director under this section shall be effective from such date either before or after the date of the making of the decision as the Director may fix. R.S.O. 1990, c. F.2, s. 13 (8). Procedure (9) The Statutory Powers Procedure Act does not apply to proceedings of the Director under this section. R.S.O. 1990, c. F.2, s. 13 (9). Application of section (10) This section does not apply to refusal of an application for or cancellation of a benefit on the death of the applicant or recipient. R.S.O. 1990, c. F.2, s. 13 (10).