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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

4 Section 705 Change #03-2022 July 01, 2022 B. Use one of the following alternatives when the advance notice is returned by the postal service as “unclaimed”, “refused”, or otherwise not deliverable. Count 90 days for the ADH decision deadline with the mailing of the second notice, if the first notice is returned. 1. Reschedule the hearing, allow 30 days prior notice, and attempt another mailing either by first class or certified mail, then hold the hearing and render a decision if the second notice is returned. Cancel the Legal Detail and open a new Legal Detail with the new ADH Notice Date. This will reset the 90 Day disqualification clock. 2. In place of or concurrent with 1. above, reschedule the hearing, mail a copy of the notice by regular mail, and have a local agency representative attempt to contact the FNS unit member in person or by telephone. Hold the hearing as rescheduled. Attach a copy of the new DSS-8556 to the Investigation Case on the Contact Tab in the Attachment folder. 3. A new hearing is scheduled and conducted if the client contacts the hearing officer within ten (10) days of receipt of a hearing decision, and the hearing officer accepts a “good cause” reason for failure to contact the agency by telephone or appear. See Section 705.08. 705.06 WAIVER OF LOCAL DISQUALIFICATION HEARING A. If you are contacted by the individual with questions about the waiver, advise the client of his/her rights, including the right to an ADH at which time the IPV must be proven by clear and convincing evidence. Explain the penalty is the same if found guilty at an ADH or signing a waiver. B. If a waiver is signed and returned, date stamp to record date received in agency and provide notification using DSS-8587, Action Taken On Your Waiver of Administrative Disqualification Hearing within ten (10) calendar days of receipt of the waiver. Attach a copy of the signed DSS-8588 and the DSS-8587 to the Investigation Case on the Contact Tab in the Attachment folder. C. Begin the disqualification the month following the month the DSS-8587 is mailed plus three (3) days to allow mail delivery, whether or not the individual is receiving or eligible for benefits. The disqualification period cannot be interrupted once it begins. The individual accused of committing an IPV may waive their right to an Administrative Disqualification Hearing (ADH) by signing the DSS-8588, Waiver of Disqualification Hearing. Provide notification to the FNS unit that the hearing can be waived when mailing a notice scheduling an ADH. Do not ask the individual to sign a waiver of ADH at any in person meeting or in any telephone contact and do not mail a waiver form prior to scheduling the ADH.