007.01(A) DETERMINING THE NEED FOR A DISQUALIFICATION HEARING.

The following guidelines are used in determining the need for a disqualification hearing: (i) A disqualification hearing must be initiated regardless of the current eligibility status of the individual; (ii) The burden of proving intentional program violation is on the Department; and (iii) A disqualification hearing will not be initiated against an accused individual whose case is currently being referred for prosecution or after any action taken against the accused individual by a court, if the factual issues of the case arise out of the same, or related, circumstances.