Page 103
Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual Issues sent to the hearings office or criminal courts are resolved on a case-by-case basis. Only written decisions issued by the hearings officer or criminal courts are enforceable. The formal written decision order may:
1. deny or approve the request for a hearing;
2. deny or approve the request for a disqualification based on a hearing; or
3. approve, with modification of the penalties. If a signed waiver or hearing decision is obtained, penalties shall not be imposed until the worker has received notification from I&R staff. II. Following I&R notification impose the appropriate penalty as follows: 1. If the household has not been certified eligible (received a benefit) for the current program year, the disqualification period will start with the current program year. 2. If the household has already been certified eligible (received a benefit) for the current program year, the disqualification period will begin with the next program year. No further administrative appeal procedure exists after an accused individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed. The accused individual, however, is entitled to seek relief in a court having appropriate jurisdiction. Accused individuals who disagree with the decision of the hearings officer may appeal their case to district court within ninety (90) days of the date of the hearings officer’s decision. Recovery of incorrectly paid benefits is not interrupted or affected by the pursuit of the administrative penalty action. MTL 01/24 June 25, 2024 - 7 - Section 1300 – Overpayments and IPVs