480.8 Administrative Hearings versus Court Referrals (continued)

When the LDSS or OIG offers an ADH waiver, there should have already been a determination that an administrative hearing is appropriate.

Example: Ms. B and her two children have received SNAP benefits for the last three years. At her last recertification in June 2016, she again stated that her household included her two children. In May, the LDSS received an anonymous report that the oldest child had moved to North Carolina in December 2015 to live with his father. The OIG investigator verified that the child was living with his father and has been enrolled in school in North Carolina since January 2016. The OIG and the LDSS decide that Ms. B should be referred for an ADH. After this decision, the investigator offers Ms. B the opportunity to waive her right to an ADH by signing a Waiver of an Administrative Disqualification Hearing (DHS/FIA IPV – 6). She did not sign it, so the LDSS referred the case for the disqualification hearing.

To help household members make an informed decision about whether to waive the right to a hearing, the LDSS or OIG investigator must fully inform them of:

Their due process rights,

The hearing procedures, and

The consequences they face if found guilty of an IPV at a hearing.

480.9 Disqualification Consent Agreement

The local department, in conjunction with the State’s Attorney, may allow the accused individual to sign a Disqualification Consent Agreement (MD DHS 8 rev January 2017), which averts any formal fraud adjudication.

Do not disqualify an individual (unless a Disqualification Consent Agreement is signed by the individual) if the court renders a decision other than guilty (e.g. stet (placed on an inactive docket), nol-pros, Probation before Judgement).

480.10 Advance Notice for a Disqualification Consent Agreement

The local department must provide the accused household member with advance written notification of the consequences of consenting to a disqualification. The notice must include the following information:

A statement for the accused to sign signifying that the individual understands the consequences of consenting to disqualification, along with an explanation that the head of household must also sign the agreement if the accused is not the head of household.

A statement that consent to disqualification will result in disqualification and a reduction in SNAP benefits during the disqualification, even though the individual has not been found guilty of a civil or criminal misrepresentation fraud.

A listing of all the disqualification penalties and the one that will be imposed as a result of signing the disqualification agreement.

A statement that unless the accused repays the claim by complying with an agreement with the prosecutor or the court, the individual prosecuted for the IPV and any remaining adult household members are responsible for repayment of the claim.

480.11 Administrative Disqualification Hearings

The local department:

May refer a case for an administrative disqualification hearing if the local State’s Attorney decides that it does not warrant prosecution or does not meet the agreed upon criteria for a Disqualification Consent Agreement.

May refer an individual for prosecution or initiate disqualification procedures regardless of the current eligibility of the individual.

May not initiate an administrative disqualification hearing against an individual whose case is referred to the State’s Attorney for prosecution, or subsequent to any action taken against the individual by a court of appropriate jurisdiction if the factual issues of the case arise out of the same circumstance.

480.12 Waiver of an Administrative Disqualification Hearing

When the local department decides to refer an individual for an administrative disqualification hearing, the case manager will:

Notify an individual with an Advance Notice of Administrative Disqualification Hearing, (DHS/FIA IPV 7 rev December 2016) of the intent to refer an individual for an administrative disqualification hearing.

Include with the DHS/FIA IPV 7, a Waiver of an Administrative Disqualification Hearing (DHS/FIA IPV 6), for the individual to sign if he/she wishes to waive the right to a hearing. The notice and the waiver request must include the following information:

A summary of the charge against the individual and the evidence to support it;

A statement that the individual may waive the right to an administrative disqualification hearing;

The date the signed waiver must be received by the local department to avoid referral for a hearing. (The waiver must be received no later than twenty days after the notice is sent to the household.);

Notification of the requirement that the head of household must also sign the waiver if the individual accused is not the head of household;

A statement that the individual has the right to remain silent concerning the charge and that anything said or signed by the individual concerning the charge may be used in any future administrative or judicial proceeding;

A statement that signing the waiver will result in disqualification and a reduction or termination of benefits for the household;

An opportunity to state whether the individual admits to the facts as presented by the local department;

A statement that the disqualified individual and any remaining adult household members are responsible for repayment of any claim resulting from over-issued benefits;

The name and telephone number of the person to contact for additional information;

A summary of the individual’s rights at the disqualification hearing; and

A statement that the hearing does not preclude the State or federal government from prosecuting the person for the intentional program violation in a civil or criminal court.

Mail the Advance Notice and Waiver form to the individual together or present them to the individual in person. A proof of receipt is required.

480.12 Waiver of an Administrative Disqualification Hearing (continued)