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SNAP CERTIFICATION MANUAL – SECTION 16000 16700 Administrative Disqualification Hearings 16750 Waived Hearings

• A statement that the state or federal government may still prosecute the household member in civil or criminal court action and collect the over-issuance • A statement that the household member may contact the county office for the name and telephone number (if available) of a person who can give free legal advice • If free legal advice is not available, the number of the lawyer referral service of the local Bar Association • A statement that the household member or representative has 10 days from the date of the scheduled hearing to present good cause for failure to appear in order to have the hearing rescheduled • A copy of DCOs published hearing procedures or a statement that a copy of the hearing procedures is available upon request The Office of Appeals and Hearings uses an Advance Notice of Your Administrative Disqualification Hearing (DHS-255) for this purpose. A statement attached to the DHS-255 provides a space for the accused to name any persons he or she wishes to have subpoenaed to present testimony on his or her behalf at the hearing. A waiver of the right to subpoena witnesses is also provided.

16750 Waived Hearings SNAP Manual 12/01/00 Individuals accused of intentional program violations may waive their rights to an administrative disqualification hearing. When a case is referred for an administrative disqualification hearing, the Office of Appeals and Hearings must advise the individual in writing, that he or she may waive his or her right to an administrative disqualification hearing. The written notification must contain the following information: • A signature blank for the accused individual and the casehead if the accused individual is not the casehead • A statement that the accused individual has the right to remain silent concerning the charges and that anything said or signed by the individual concerning the charges can be used in a court of law • A statement that a signed waiver will result in disqualification and a reduction in SNAP benefits during the period of disqualification even if the accused individual does not admit the charges