Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 45 - Alaska Temporary Assistance Program
7 AAC 45.583 - Notice of administrative disqualification hearing

Universal Citation: 7 AK Admin Code 7 AAC 45.583

Current through August 30, 2024

If the department believes that an individual has committed an intentional program violation under 7 AAC 45.580, the department will refer the matter to the office of administrative hearings (AS 44.64.010) for scheduling of an administrative disqualification hearing under 7 AAC 45.585. After the office of administrative hearings sets a date and time for the hearing, and not later than 30 days before that date, the department will provide the individual with written notice of the administrative disqualification hearing. In the notice the department will include

(1) the date and time of the hearing;

(2) the accusations against the individual;

(3) a summary of the evidence to be presented by the department, and how and where the evidence can be examined;

(4) a statement whether a hearing postponement is available, as provided in 7 AAC 45.585;

(5) an explanation of the consequences of failure to appear at the hearing, as provided in 7 AAC 45.585;

(6) instructions on how to claim good cause for failure to appear at the hearing, as provided in 7 AAC 45.585;

(7) a description of the disqualification penalties, as provided in AS 47.27.015(e), and the penalty applicable to the case scheduled for hearing;

(8) a statement that the hearing does not preclude the state or the federal government from prosecuting the individual for an intentional program violation in a civil or criminal court action, or from recovering an overpayment;

(9) a list of the public resources that may provide free legal representation, and a statement that the department is not responsible for providing legal representation;

(10) a statement that the hearing may be held in person or by telephone, at the discretion of the administrative law judge;

(11) a statement that the accused individual has the right to remain silent, and that anything the individual states, or any written statement the individual signs, concerning the accusations can be used against the individual in the hearing or a court of law; and

(12) a statement that the accused individual may waive the right to the disqualification hearing; in the statement the department will inform the individual

(A) of the date by which a signed waiver-of-rights form must be received by the department;

(B) that a waiver of the individual's rights will result in disqualification of the accused individual and a reduction in the ATAP benefit paid to the individual's assistance unit during the period of disqualification, even if the accused individual does not admit to the facts as represented by the department; and

(C) that the individual may specify on the waiver-of-rights form whether the individual admits to the facts as represented by the department.

Authority:AS 47.05.010

AS 47.27.005

AS 47.27.080

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