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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

14 Section 705 Change #03-2022 July 01, 2022 decision. If written argument, request for a time extension to submit a written argument, or a request for oral argument is not submitted within the ten (10) calendar day timeframe, the tentative decision shall become final without further notice being given. Elements of a State Disqualification final decision and local agency actions that follow are outlined below. A. The State Hearing Officer provides written notice which informs the individual of the not guilty decision. Evaluate the case for a possible AE or IHE claim and enter in NC FAST if appropriate. B. The State Hearing Officer provides a written notice which informs the individual of a guilty decision. 1. The county notice informs the individual of the month the disqualification will begin and end. 2. Send the DSS-8557, Notice of State Disqualification Hearing Decision on the 11th business day after the date of the State Disqualification Hearing Decision notice. This will advise the date the client is disqualified and the participation status of the remaining FNS unit members. 3. The State Hearing Officer will determine when a disqualification will begin. The start date will be listed on the State Disqualification Hearing Decision. Enter the disqualification into NC FAST no later than the month prior to the starting month of the disqualification. If a disqualification is entered into NC FAST later than the month prior to the start date of the disqualification, then an Agency Error claim must be established. Refer to Section 820, Intentional Program Violation Claims and 810, Agency Error (AE) Claims. 4. The procedures for handling the resources and income of the disqualified individual are described in Section 390, Resources, and Section 300, Income. 705.23 APPEAL AFTER STATE LEVEL HEARING No further administrative appeal procedure exists after an adverse State Disqualification Hearing. The determination of an IPV made by an Administrative Disqualification Hearing (ADH) official cannot be reversed by a subsequent fair hearing decision. The FNS unit member may appeal the case to a court within 30 days of receipt of the State Disqualification Hearing decision. The disqualification is subject to stay or injunction in an appropriate court of law. 705.24 OVERTURNED INTENTIONAL PROGRAM VIOLATION (IPV) DISQUALIFICATION