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SNAP CERTIFICATION MANUAL – SECTION 16000 16700 Administrative Disqualification Hearings 16730 Cancellation of a Hearing by the County Office

from the Fraud Investigation Section. Neither the case record nor the applications are to be destroyed as long as an administrative disqualification hearing is pending. The Fraud Investigation Section keeps all other original evidence. The Fraud Investigation Unit will prepare the Administrative Disqualification Hearing Statement (DHS-1208) and send it to the DHS county office with the documentation. The county office must review this information prior to the hearing and must present the evidence at the hearing. If any questions arise after receipt of the documentation, the county office must contact the Fraud Investigation Section prior to the date of the hearing to resolve the issue. The fraud investigator’s name will appear on the DHS-1208. If he or she is needed for inquiry or testimony at the hearing, the county office will contact the Administrator, Fraud Investigation Unit, to request this individual’s presence at the hearing.

16730 Cancellation of a Hearing by the County Office SNAP Manual 12/01/00 If at any time prior to the time of the administrative disqualification hearing the county office feels that there is not sufficient evidence to conduct a hearing, the Office of Appeals and Hearings should be contacted immediately. The hearing will be cancelled and the case administratively withdrawn. (This does not apply to cases referred by the Fraud Section.)

16740 Advance Notice SNAP Manual 12/01/00 The Office of Appeals and Hearings must notify the accused individual at least 30 days in advance of the hearing date. The notice must be mailed by certified mail, return receipt requested. The notification must include the following information: • The date, time and place ofhearing • The charges against the household member • A summary of the evidence (administrative disqualification file) • An explanation of where and how the evidence may be examined • A warning that if the accused individual fails to appear for the hearing, the decision will be based solely on the evidence provided by the county office • A warning that if the hearing decision is that an intentional program violation has occurred, a disqualification will be imposed • A listing of the household member’s rights during the hearing