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4215.10.00 TIME LIMIT FOR ADH

The final decision for an Administrative Disqualification Hearing (ADH) must be made and communicated within ninety (90) days of the date the individual is notified in writing of the scheduled hearing. Administrative actions necessary to make the decision effective must also begin within this time period. (f34)

The individual can postpone the hearing for up to thirty (30) days as long as the postponement request is made at least ten (10) days before the scheduled hearing. Hearings and Appeals Section may limit the number of postponements to one. The length of any postponement is added to the 90- day time limit for making and communicating the final hearing decision. 4215.15.00 ADVANCE NOTICE OF ADH

Hearings and Appeals Section must provide the individual written notice of the ADH schedule at least thirty (30) days before the hearing date. The notice is to be sent by first class mail to the last known address of the respondent. It is not necessary to acquire proof that the notice was received by the individual accused of an IPV. 4215.15.05 CONTENTS OF NOTICE

The advance notice of the hearing must contain: • The date, time, and place of the hearing; • The charge against the AG member; • A statement that the DFR should be contacted regarding the charges; • A copy of hearing procedures as an attachment; • A warning that the decision will be based solely on information provided by the DFR if the individual fails to appear at the hearing; • A statement that the individual or representative will have ten (10) days after the hearing to present good cause for failing to appear and to schedule a new hearing; • A warning that a proven IPV will result in a disqualification period; • A description of the individual's rights; • A statement that the hearing does not prevent the state or federal government from prosecuting the individual for fraud in a civil or criminal court, or from collecting the overpayment; (f35) • Information regarding a waiver for the hearing;

The notice must also state that the individual can call the Hearings and Appeals Section office to get the name and phone number of any available source of free legal advice. If free legal advice is not available, DFR Staff must provide, upon request, the phone number of the lawyer referral service of the local bar association. (f36) 4215.20.00 FAILURE TO APPEAR