e. Waiver of Right to Administrative Disqualification Hearing

The parent shall have the option to waive his or her right to an administrative disqualification hearing. Waiver of the right to a hearing shall result in the same penalties as would be imposed if a determination of quilt had been rendered by an administrative disqualification officer or a court of law, including benefit reduction and discontinuance penalties. The CCAP administrator shall provide the parent with a waiver form. The form shall include the following information: the date by which the waiver shall be signed and returned to the department; the address where the form shall be returned; a statement of the right of the individual to remain silent and avoid self-incrimination; an option to select admission or denial of guilt; a place for the parent’s signature and date; that a benefit reduction or disqualification penalty will automatically be imposed if the waiver is signed, even if the parent does not admit guilt; that waiver of the right to an administrative disqualification hearing results in the same penalties as would be imposed in the event of a determination of guilt by an administrative disqualification hearing officer or a court of law, regardless of whether or not the waiver form indicates an admission of guilt; the fact that the individual may withdraw the waiver within 10 days of the date signed; and telephone numbers for additional information and for free legal services.

The parent may withdraw the waiver by submitting a written statement to the administrative hearing officer within ten days of the date the waiver form was signed. If the parent does not withdraw the waiver in a timely manner, the department shall proceed with scheduling the hearing.