b. Cases Referred for Administrative Disqualification Hearings

A parent’s case may be referred for an administrative disqualification hearing under the following circumstances: if a preliminary determination has been made that the parent knowingly and willfully intended to commit fraud to obtain benefits from CCAP; and if the case is not being referred to the state police, a prosecuting authority or to the attorney general; or if the case was referred and has been rejected for prosecution.

The parent’s case shall not be referred for an administrative disqualification hearing while the case is under consideration for referral to the state police, a prosecuting authority or the attorney general, or if a court of competent jurisdiction has determined that the parent is not guilty or has dismissed the case.