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5. Question or refute any testimony or evidence, including the opportunity to cross-examine witnesses;

6. Ask to delay the hearing up to thirty (30) days;

7. Present theirown case, have a lawyer represent them, or have someone such as a friend, relative, or community worker help present their case; and

8. Remain silent. The Respondent may decide at any time to exercise this right and not answer any questions or make any statements. Anything a Respondent says or anything a Respondent signs can be used against them in making a decision and can also be used against them in a court of law.

The ALJ will render a decision within ninety (90) calendar days after the Advance Notice of Your Intentional Program Violation Hearing was sent, unless a postponement of the hearing was granted. If the hearing was postponed, the timeframe for the ALJ to render a final decision will be extended for the same number of day which the hearing was postponed, if the postponement was requested by the Respondent. In instances a postponement is agency caused, the timeframe for the ALJ to render a final decision is not changed.

No further administrative remedy exists; if a family or provider disagrees with the final decision they may appeal to the Alaska Superior Court within thirty (30) days of the date the final administrative decision was adopted.

Once a decision is rendered, the case file will be returned to the Designee. All decisions are forwarded to the CCPO to case note the IPV stipulations and to provide guidance to the Designee regarding the IPV.

4420-2 C. ACTIONS ON AN INTENTIONALPROGRAM VIOLATION DETERMINATION The CCPO Eligibility and Benefits Staff will save a copy of the Intentional Program Violation Hearing decision in the family or provider’s electronic Incorrect Payment folder. The family’s or provider’s information is updated on the Fraud tracking spreadsheet.