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(7) an explanation of the intentional program violation and penalties as provided in 7 AAC 41.425 as applicable to the case scheduled for hearing;

(8) a statement that the hearing does not preclude the state or federal government from prosecuting the family or provider for an intentional program violation in a civil or criminal court action, or from recovery of an overpayment;

(9) an explanation of the public resources available that may provide free legal representation, and that the department is not responsible for providing legal representation;

(10) an explanation that the hearing may be held face-to-face or by telephone, at the administrative law judge’s discretion;

(11) a statement that the accused family or provider has the right to remain silent and that anything said or signed by the family or provider concerning the accusations can be used against the accused family or provider in the hearing or a court of law; and

(12) a statement that the accused family or provider may waive the right to the intentional program violation hearing; in the statement the department will inform the family or provider

(A) of the date by which a signed waiver-of-rights form must be received by the department;

(B) that a waiver of rights will result in penalties up to and including disqualification, benefit reduction, and repayment obligations, even if the accused does not admit to the facts as represented by the department; and

(C) that the family or provider may specify on the waiver-of-rights form whether the family or provider admits to the facts as represented by the department. (b) An accused family or provider may request one hearing postponement of no more than 30 calendar days after the date of the first scheduled intentional program violation hearing if the request for postponement is received by the department at least 10 calendar days before the first scheduled hearing. (c) If an accused family or provider fails to appear at an intentional program violation hearing, the administrative law judge shall

(1) hold the hearing without the accused family or provider;

(2) consider the evidence based on the information provided by the department; and

(3) determine if an intentional program violation was committed. (d) An accused family or provider who fails to appear, or have a representative appear, for a scheduled intentional program violation hearing has 10 calendar days after the date of the scheduled hearing to contact the office of administrative hearings, provide evidence of good cause for failure to appear, and request that a new hearing be scheduled. If the administrative law judge determines that the family or provider had good cause for not appearing, the administrative