Current through Register 1531, September 27, 2024
(A)
If the hearing official determines the household member(s) did not commit an
IPV, the Department shall inform that member(s) in writing of such finding. The
notice shall contain the date the ADH was held, the case number and the
findings of the hearing official.
(B) If the hearing official determines the
household member(s) committed an IPV, the Department shall inform the member(s)
in writing of the decision, the reason for the decision, and that he or she
will be disqualified from the program for the appropriate time period. The
notification shall contain the following information:
(1) The case name and number, the amount of
the claim, date of decision, the number of months of disqualification, and
notification that if the member is no longer participating the disqualification
will be deferred until he or she reapplies and is determined to be
eligible.
(2) A separate notice to
the remaining household member(s), if any, of the adjusted benefit level or
notice that the household must reapply because the certification period has
expired. The notification will also contain information regarding the
household's right to a fair hearing regarding the new benefit level unless the
hearing has already been consolidated with an ADH or a waiver or consent
agreement has been filed.
(C) A repayment agreement shall also be sent.
This agreement shall contain:
(1) the amount
owed the Department;
(2) the types
and terms of each repayment option;
(3) the date repayment must begin;
(4) a statement that the Department or the
household may request renegotiation of the repayment option if there is a
change in circumstances;
(5) a
statement that the failure to return a completed and signed copy of an
agreement acceptable to the Department within 30 days shall result in automatic
benefit reduction at a rate of 20% of the household's entitlement or $20,
whichever is greater. The agreement shall also include a statement that benefit
reduction shall last until the agreement is filed or the claim is repaid and
that benefit reduction will be reimposed at any time if any terms of the
agreement are not honored;
(6) an
accounting of any amount offset;
(7) a statement that recoupment shall begin
as soon as possible after the agreement is filed;
(8) the date the disqualification period will
begin; and
(9) a statement that no
agreement shall be made which will allow a smaller payment than could be
collected through automatic benefit reduction.
