Current through Register Vol. 46, No. 39, September 25, 2024
(a) Following a determination that the
evidentiary packet is sufficient, the department must schedule an
administrative disqualification hearing. The notice of administrative
disqualification hearing which notifies the accused individual of the scheduled
hearing must be mailed by first class mail, or provided by any other reliable
method, to the accused individual.
(b) The hearing will be held at a time and
place convenient to the accused as far as practicable, taking into account
circumstances such as physical inability to travel to a regular hearing
location.
(c) When it mails the
notice of administrative disqualification hearing to the accused individual,
the department must mail to the social services district which requested the
hearing a notification of the time, date and place of the hearing by regular
mail.
(d) Notice of administrative
disqualification hearing. A written notice must be provided by the department
to an individual alleged to have committed an intentional program violation in
accordance with the standards described in section
359.3 of
this Part. This notice must be provided to the individual at least 30 days
prior to the date of the administrative disqualification hearing. The notice
must include:
(1) the date, time, and place
of the hearing;
(2) the charge(s)
against the individual;
(3) a
summary of the evidence and how and where the evidence may be
examined;
(4) a statement warning
that the decision will be based solely on information provided by the social
services district if the individual fails to appear at the hearing;
(5) a notification that the individual or the
individual's representative may have an opportunity to examine all documents
and records to be used at the hearing by calling an identified telephone number
and making arrangements to examine the documents and records at a specified
place, provided that confidential information, such as names of individuals who
have disclosed information about the public assistance unit or the nature or
status of pending criminal prosecutions, cannot be released;
(6) notification of the individual's right
to:
(i) an adjournment, provided that such a
request is made at least 10 days in advance of the scheduled hearing date. In
addition, such notification must advise the individual that if an adjournment
is requested less than 10 days prior to the scheduled hearing date, the
individual must demonstrate good cause for requesting the
adjournment;
(ii) present the case
or be represented by legal counsel or other person;
(iii) bring witnesses;
(iv) advance arguments without undue
interference;
(v) question or
refute any testimony or evidence;
(vi) confront and cross-examine adverse
witnesses; and
(vii) submit
evidence to establish all pertinent facts in the case;
(7) notification that the accused individual
has the right to remain silent during the hearing process, but that inferences
can be drawn from the silence of the individual;
(8) a statement that upon request, a copy of
this Part will be made available to the individual or his or her representative
at the social services district during normal business hours;
(9) copies of the sections of this Part
relevant to the hearing process;
(10) a citation of the Federal or State
regulations governing the hearing and/or offense where appropriate;
(11) a listing of legal aid and/or legal
services organizations which are available to assist in the defense of the
case;
(12) a statement that the
hearing does not preclude the State or Federal government from prosecuting the
individual for fraud in a civil or criminal court action, or from collecting an
overpayment or recovering over-issuances of benefits;
(13) a statement that in order to receive a
new hearing the individual or the individual's representative will have 10 days
from the date of the scheduled hearing to present to the department good cause
reasons for failing to appear at the hearing;
(14) a description of the penalties that can
result from a determination that the individual has committed an intentional
program violation and a statement of the penalty which is applicable to the
individual; and
(15) an explanation
that the individual may, in writing, waive his or her right to appear at an
administrative disqualification hearing as provided in section
359.8
of this Part. This explanation must include:
(i) the date that the signed waiver must be
received by the department and a place in which the accused individual can sign
his or her name. This explanation must also include a statement that any
caretaker relative or head of household must also sign the waiver if the
accused individual is not the caretaker relative or head of household; the
waiver statement must include an appropriately designated signature block in
which such other individual can sign his or her name;
(ii) a statement of the accused individual's
right to remain silent concerning the charge(s), but that inferences can be
drawn from the silence of the individual, and that anything said or signed by
the individual concerning the charge(s) can be used against him or her in a
court of law or at an administrative hearing;
(iii) the fact that a waiver of an
individual's right to appear at an administrative disqualification hearing may
result in a disqualification penalty and a reduction or discontinuance of
assistance or food stamp benefits for the appropriate period even if the
accused individual does not admit to the facts as presented by the social
services district;
(iv) an
opportunity for the accused individual to specify whether or not he or she
admits to the facts as presented by the social services district;
(v) the telephone number and, if possible,
the name of the department employee and an employee of the social services
district to contact for additional information; and
(vi) the fact that the remaining members, if
any, of the household or assistance unit will be held responsible for the
repayment of any overpayment or over-issuance.
