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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

5 Section 705 Change #03-2022 July 01, 2022 The client has up until the moment the Disqualification Hearing starts to return the signed DSS-8588; therefore, the date to return the DSS-8588 must match the hearing date provided on the DSS-8556.Do not take any other action to encourage the individual to waive an ADH. Do not offer a client a Waiver of ADH as a means of avoiding criminal prosecution. The disqualification penalty cannot be changed by a subsequent Fair Hearing decision. 705.07 SCHEDULING OF LOCAL ADMINISTRATIVE DISQUALIFICATION HEARING Make reasonable efforts to schedule the hearing at a time and place convenient to the FNS unit member suspected of an IPV. If the hearing is conducted by telephone, the applicant must provide a valid contact number(s) for all persons involved. Conduct the ADH without the FNS unit member present if the FNS unit member or his representative cannot be located, fails to contact the agency by telephone, or fails to appear at the hearing without good cause. The Hearing Officer is required to consider carefully the evidence and determine if an IPV was proven to have been intentionally committed by clear and convincing evidence even when the FNS unit member is not present. 705.08 FAILURE OF THE FNS UNIT MEMBER TO APPEAR OR CONTACT THE

LOCAL AGENCY BY TELEPHONE FOR LOCAL ADH A. Conduct a new hearing when the Hearing Officer determines that the FNS unit member or representative failed to contact the agency by telephone or appear with good cause. The previous decision is no longer valid. The Hearing Officer who originally ruled on the case may conduct the new hearing. B. The FNS unit member has ten calendar days after the date of the hearing decision to present reasons indicating a good cause for failure to contact the agency by telephone or appear. C. Allow 30 days from the date the hearing decision was received by the FNS unit member to present good cause for failure to contact the agency by telephone or appear only if the DSS-8556 Advance Notice of ADH was not received by the FNS unit member. D. If the hearing officer finds the FNS unit member or representative did not have good cause for failure to contact by telephone or appear at the hearing, allow fifteen days from the date of that decision for the FNS unit member or representative to request a State Level Hearing. E. The Hearing Officer must enter his/her decision regarding good cause into the record.