Page 686

659

The FCU sends the family or provider the Advance Notice of Your Intentional Program Violation Hearing at least thirty (30) calendar days prior to the hearing date and must contain the date, time, and location of the hearing. The Intentional Program Violation Hearing will be held with or without the family or provider being present as long as the Advance Notice of Your Intentional Program Violation Hearing notice is sent as required. Intentional Program Violation Hearings are conducted by an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH) and may be in person or telephonic at the preference of the family or provider.

The Respondent is entitled to one hearing postponement of up to thirty (30) calendar days.

If a family or provider fails to appear at the Intentional Program Violation Hearing, the hearing will proceed in their absence. A family or provider may submit evidence of good cause for having not appeared, within ten (10) calendar days of the hearing record having been closed. The ALJ will determine if good cause exists; if the ALJ determines there is good cause, a new hearing will be scheduled.

The family or provider has the right to examine the contents of their file and all documents and records to be used at the hearing, at a reasonable time before the date of the hearing and to be represented by an attorney or any other person at the hearing. If the family or provider chooses to be represented at the hearing by an attorney or other person, an Assignment of Intentional Program Violation Hearing Representative Form, provided by the department, must be completed, signed by the family or provider and their representative, and submitted to the FCU.

At the Intentional Program Violation Hearing the family or provider has rights including to:

1. Examine the contents of the family’s or provider’s file and all documents and records to be used at the hearing;

2. Present witnesses and documents pertinent to the case, at their own expense;

3. Establish pertinent facts andcircumstances;

4. Present oral and written arguments pertinent to the case;