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COMBINED MANUAL

ISSUE DATE 12/2012

ADMINISTRATIVE DISQUALIFICATION HEARING

0025.24.06.03

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 Office of Appeals will either accept or deny the request. If denied, the county agency will receive a notice indicating the reason for the denial. Denied requests may be resubmitted to the Office of Appeals for reevaluation.

ADH requests may be withdrawn anytime before the scheduled hearing date with written notice to both the client and the Office of Appeals.

If the Office of Appeals accepts a request it will schedule a hearing date and send the client and county agency a notice of hearing. The notice will include a copy of the summary prepared by the county agency. Federal regulations require the Office of Appeals to give notice of an ADH hearing at least 30 days in advance (unless the client waives the hearing), rather than the 5-day notice for a regular fair hearing.

A 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 client must receive 30 days advance notice (unless waived) that the hearings will be combined.

Within 90 days of client notification of an ADH or a combined hearing, the Office of Appeals must conduct the hearing, reach a decision, and notify the client and county agency of the decision.

Unlike fair hearings, asking the appeals office to reconsider their decision is not an option. If either party disagrees with the Judge’s decision, they may start an appeal in district court. This is a separate legal proceeding that must start within 30 days of the date of the decision.

People found guilty of fraud by an ADH determination are subject to the disqualification procedures in 0025.24.06 (Disqualification for Fraud).

ADH INVESTIGATIVE SUBPOENA

Subpoena authority is available to county agencies for gathering information in the investigative stage necessary to develop a basis for establishing and proving an IPV that will be pursued through the ADH process.

Consider using an investigative subpoena when a third party refuses to provide information. Complete the Request for Investigative Subpoena (DHS-3436) (PDF) form and send to the DHS Appeals and Regulations Division. Include a description of the information being requested and the relevance of the information to establishing the IPV.

These subpoenas are not self-enforcing in that a first refusal to obey will not result in a contempt citation. However, these subpoenas are enforceable by appealing to district court for their enforcement by issue of a district court subpoena.