(1) Written Notice.
The Department shall provide written notice to the individual suspected of
intentional program violation at least thirty (30) days in advance of the date
a Disqualification Hearing initiated by the Department has been scheduled. The
notice shall be mailed certified mail, return receipt requested, or be provided
by any other method as long as proof of receipt is obtained, and it shall
contain at a minimum:
(a) The date, time, and
place of the hearing;
(b) The
charge(s) against the individual;
(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 information provided by the Department of Human Services if the
individual fails to appear at the hearing without good cause;
(e) A statement that the individual or
representative may request a continuance of the hearing;
(f) A statement that the individual or
representative will have ten (10) days from the date of the scheduled hearing
to present good cause for failure to appear in order to receive a new
hearing;
(g) A warning that a
determination of intentional program violation will result in a six-month
disqualification for the first violation, a twelve-month disqualification for
the second violation, and permanent disqualification for the third violation
and a statement of which penalty the Department believes is applicable to the
case scheduled for a hearing;
(h) A
statement that the hearing does not preclude the State or Federal Government
from prosecuting the household member for an intentional program violation in a
civil or criminal court action nor from collecting the overpayment;
(i) A listing of individuals or organizations
that may provide free legal representation to the individuals alleged to have
committed intentional program violations;
(j) A statement of the accused individual's
right to remain silent concerning the charge(s) and that anything said or
signed by the individual concerning the charge(s) may be used against him or
her in a court of law; and
(k) A
statement that the individual may waive his or her right to appear at the
administrative hearing.
(2) Waiver of Disqualification Hearing. The
agency will prepare a form entitled Waiver of Administrative Disqualification
Hearing which shall be mailed with each Advance Notice of Hearing specified
above which include at a minimum:
(a) The date
that the signed waiver must be received by the state agency and a signature
block for the accused individual along with a statement that the caretaker
relative must also sign the waiver if the accused individual is not a caretaker
relative with an appropriate designated signature block;
(b) A statement of the accused individual's
rights to remain silent concerning the charge(s) and that anything said or
signed by the individual concerning the charge(s) may be used against him or
her in a court of law;
(c) The fact
that waiver of the individual's right to appear at a Disqualification Hearing
may result in a disqualification penalty and a reduction in the assistance
payment for the appropriate period even if the accused individual does not
admit to the facts as presented by the state agency; and
(d) An opportunity for the accused individual
to specify whether or not he or she admits to the facts as presented by the
state agency.
