Pennsylvania Code
Title 55 - HUMAN SERVICES
Part II - Public Assistance Manual
Subpart H - Appeal and Fair Hearing
Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS
Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS
WAIVER OF AN ADMINISTRATIVE DISQUALIFICATION HEARING
Section 275.41 - Waiver of an administrative disqualification hearing

Universal Citation: 55 PA Code ยง 275.41

Current through Register Vol. 54, No. 44, November 2, 2024

(a) The individual may waive the administrative disqualification hearing. The notice-see § 275.21 (relating to scheduling of the hearing)-giving the option to waive the administrative disqualification hearing will include:

(1) A waiver for the individual to sign and the date the Department must receive the signed waiver to avoid conducting the hearing. The payment name/head of household also shall sign the waiver if the individual is not the payment name/head of the household.

(2) A statement that the individual has the right to remain silent concerning the charges and that anything said or signed concerning the charges can be used in a court of law.

(3) A statement that the waiver will result in disqualification and a reduction in benefits for the period of disqualification, even if the individual does not admit to the facts as presented by the Office of Inspector General.

(4) A statement giving the individual the opportunity to clarify whether the individual admits to the facts as presented by the Office of Inspector General.

(5) A Department telephone number to contact for more information.

(6) A statement that the remaining budget group/household members, if any, are responsible for payment of the resulting claim.

(b) If the individual signs the waiver and the Department receives the waiver within the specified time frame, the Department will impose the disqualification as described under § 275.51 (relating to imposing the disqualification).

This section cited in 55 Pa. Code § 275.21 (relating to scheduling of the hearing).

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