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Child Care Assistance Program Policy Manual Issued 10/2019 Administrative disqualification- Families 13.6.3 understanding that the disqualification penalty will be imposed in either case. Present or mail the ADH Waiver to the accused person. In either case, allow the person up to 10 days to return the form. Waivers should not be offered when there is only a suspicion of guilt but the evidence is not convincing. If a CCAP agency determines that it has sufficient evidence to hold a hearing and has offered the individual an opportunity to waive the hearing, the CCAP agency must then schedule a hearing if the individual requests a hearing or does not sign the waiver. Do not offer an ADH waiver if the case is being referred for prosecution nor should prosecution be suggested as a threat if the waiver is not signed. If an ADH waiver is offered it should be because the CCAP agency has already determined that an ADH is appropriate and is merely offering the individual the opportunity to opt out of the actual hearing If the accused person waives their right to a hearing, disqualify the person. See Chapter 13.6 (Disqualification for wrongfully obtaining assistance – Families). People have the right to revoke a signed waiver and to request that an ADH be held. This revocation must be in writing and be received by the CCAP agency prior to the effective date of the proposed disqualification or within 30 days of the date the waiver was signed, whichever is earlier. If the accused person refuses to sign the waiver, requests to have a hearing, or fails to return the waiver, refer the case for an ADH. Complete the Request for Administrative Disqualification Hearing DHS-3132 (PDF) for families and send to: Minnesota Department of Human Services Appeals Office P.O. Box 64941 St. Paul, MN 55164-0941 Upon receipt of the Request for Administrative Disqualification Hearing DHS-3132 (PDF), the State Appeals Office will either accept or deny the request. If denied, the CCAP agency will receive a notice indicating the reason for the denial. Denied requests may be resubmitted to the State Appeals Office for reevaluation. ADH requests may be withdrawn any time before the scheduled hearing date with written notice to both the accused person and the State Appeals Office. If the State Appeals Office accepts a request, it will schedule a hearing date and send the accused person and CCAP agency a notice of hearing. The notice will include a copy of the summary prepared by the CCAP agency. Federal regulations require the State Appeals Office to give notice of an ADH hearing at least 30 days in advance (unless the accused person waives the hearing), rather than the 5-day notice for a regular fair hearing. A Human Services Judge may combine a fair hearing and ADH into a single hearing if the factual issues arise out of the same or related circumstances. The accused person must receive 30 days advance notice (unless waived) that the hearings will be combined. Within 90 days of family notification of an ADH or a combined hearing, the State Appeals Office must conduct the hearing, reach a decision, and notify the accused person and CCAP agency of the decision. Family members found guilty of fraud by an ADH determination are subject to the disqualification procedures in Chapter 13.6 (Disqualification for wrongfully obtaining assistance - Families).