North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-01 - General Administration
Chapter 75-01-03 - Appeals and Hearings
Section 75-01-03-08.3 - Notice of intentional program violation hearing
Universal Citation: ND Admin Code ยง 75-01-03-08.3
Current through Supplement No. 394, October, 2024
1. A written notice of an intentional program violation hearing must contain:
a. The date, time, and place of the
hearing;
b. The charge against the
individual or household member;
c.
A summary of the evidence, and how and where the evidence can be
examined;
d. A warning that the
decision will be based solely on evidence provided by the department or county
agency if the individual or household member fails to appear at the
hearing;
e. A statement that the
individual or household member may request a postponement of the hearing,
provided that the request for postponement is made at least ten days in advance
of the scheduled hearing;
f. A
statement that the individual, household member, or authorized representative
will have ten days from the date of the scheduled hearing to represent good
cause for failure to appear in order to receive a new hearing;
g. A description of the penalties that can
result from a determination that the individual or household member has
committed an intentional program violation and a statement of which penalty the
department or county agency believes applicable to the case;
h. A listing of the rights of the individual
or household member, as set forth in section
75-01-03-03.1;
i. A statement that the hearing does not
preclude the state or federal government from prosecuting the individual or
household member for an intentional program violation in any civil or criminal
action, or from collecting overissuances or overpayments;
j. A listing of individuals or organizations
that provide free legal representation to individuals or household members
alleged to have committed intentional program violations and that have
authorized the department to include their name, address, and telephone number
on such list;
k. An explanation
that the individual or household member may waive the individual's or household
member's right to appear at an intentional program violation hearing;
l. A statement of the accused individual or
household member's right to remain silent concerning the charge, and that
anything said or signed by the individual concerning the charge may be used
against the individual in a court of law; and
m. A statement that the individual or
household member may waive the right to appear at an intentional program
violation hearing that includes:
(1) The date
the signed waiver must be received by the department or county agency to avoid
the holding of a hearing;
(2) A
signature block for the accused individual, along with a statement that the
head of or caretaker relative must also sign the waiver if the accused
individual is not the head of household or caretaker relative, with an
appropriately designated signature block;
(3) The fact that a waiver of the right to
appear at the intentional program violation hearing will result in a
disqualification penalty and a reduction in benefits or assistance payment for
the appropriate period, even if the accused individual does not admit to the
facts presented by the department or county agency;
(4) An opportunity for the accused individual
to specify whether the individual admits to the facts as presented by the
department or county agency; and
(5) In supplemental nutrition assistance
program matters, a telephone number to contact for additional information and a
statement that remaining household members, if any, will be held responsible
for repayment of the resulting claim.
2. All notices alleging an intentional program violation concerning the supplemental nutrition assistance program must either:
a. Have attached a copy of the
department's published hearing procedures; or
b. Inform the household of its right, upon
request, to obtain a copy of the department's published hearing
procedures.
General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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