d. Pre-Hearing Interview
The CCAP administrator shall send parents referred for an administrative disqualification hearing a notice scheduling a pre-hearing interview and a waiver of administrative disqualification hearing form. The pre-hearing interview shall be conducted by the CCAP administrator at an office of the department closest to where the parent lives. The CCAP administrator shall make a reasonable attempt to accommodate a request made by the parent with regard to the hearing date and time.
The purpose of the pre-hearing shall be to provide the parent with the opportunity to review the evidence supporting the CCAP administrator’s allegations, to receive an explanation of the hearing process and to dispute the CCAP administrator’s findings. The CCAP administrator shall provide the parent with a detailed explanation of the following information: the evidence supporting the overpayment and the determination that the error was intentional; the administrative hearing process and the parent’s administrative hearing rights; the waiver process, including that the parent’s right to waive the hearing, the right to change the decision to waive the hearing within 10 days, and the fact that signing the waiver is not an admission of guilt; and the recoupment or disqualification penalty that will be applied if the parent signs the waiver.
Failure to appear at the pre-hearing interview shall not serve as a basis for delaying the administrative disqualification hearing. A parent who does not appear at the pre-hearing interview shall be sent a formal notice of the scheduled hearing, unless the parent has submitted a signed waiver of his or her right to a hearing.