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SNAP CERTIFICATION MANUAL – SECTION 16000 16700 Administrative Disqualification Hearings 16760 Scheduling of Hearing

• An opportunity for the accused individual to admit the charges or to waive the hearing without admitting the charges • The telephone number to call for additional information • A statement that any remaining eligible household members will be held responsible for repayment of the resulting claim • A statement that the accused individual will be notified of the hearing date at least 30 days in advance if he or she chooses not to waive the hearing The Office of Appeals and Hearings uses a Waiver of Right to an Administrative Disqualification, Hearing for this purpose. (A copy of the signed waiver will be sent to the county office.) The Fraud Investigations Unit may also obtain from the accused individual a waiver to an administrative disqualification hearing during the course of an investigation and prior to referral to the Office of Appeals and Hearings. A Waiver of Hearing and Disqualification Agreement (DHS-267) is used for this purpose. Upon receipt of a signed DHS-267, the Fraud Investigations Unit will forward the form to the county office so that the appropriate disqualification may be imposed.

16760 Scheduling of Hearing SNAP Manual 12/01/00 The hearing must be accessible to the member of the household suspected of the IPV. When the Office of Appeals and Hearings has proof that the household member accused of committing an IPV has received timely advance notice of the hearing, or has refused such notice, then the Office of Appeals and Hearings has fulfilled the notice requirements and can proceed with the hearing. When neither proof of receipt nor proof of refusal exists, and the household member fails to appear, the Office of Appeals and Hearings cannot proceed with the hearing. If the household member appears for the hearing but establishes that the notice was not received 30 days prior, the hearing officer must consult with this individual and determine if the individual will be allowed additional time to submit documents to support his claim or the hearing will be rescheduled. If there is no proof that the advance notice was received 30 days prior, but the household member admits this, then the hearing can proceed. If the hearing decision is that an IPV exists but the household member provides good cause for failing to appear for the initial hearing, the previous decision is invalidated. The hearing will be rescheduled. The decision will be made based on information presented at the latter hearing. The same hearing officer may conduct both hearings.