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273.16 (e)(3).Advance Notice of Hearing |
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(i) |
Written notice at least 30 days prior to scheduled AD Hearing |
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(iii) |
Containing at a minimum: |
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(A) |
Date, time and place of hearing (if scheduled) |
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(B) |
Charges |
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(C) |
Summary of evidence |
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(D) |
Warning that decision will be based on state evidence only if individual fails to appear |
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(E) |
Individual has 10 days from date of scheduled hearing to present good cause for failing to appear |
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(F) |
Warning that a determination of IPV will result in the penalties prescribed by
FSP regs and the applicable penalty for this case |
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(G) |
A listing of rights per 273.15 (p) (fair hearings…see below) |
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(H) |
Statement that the hearing does not preclude the state or Fed Govt from
prosecution in civil or criminal court. |
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(I) |
Advise the individual of the availability of free legal representation (if any) |
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(iv) |
Attach a copy of the State agency’s published hearing procedures or information on how to obtain them. |
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In Addition, from 273.15 (p)… the individual or its representative must be given adequate opportunity to: |
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(1) |
Examine all documents and records to be used at the hearing at a reasonable time before the hearing. Includes contents of case file as application and documents verifying eligibility or ineligibility. |
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(2) |
Present case or have it presented by legal counsel or other person. |
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(3) |
Bring witnesses |
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(4) |
Advance arguments without undue interference |
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(5) |
Question or refute testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. |
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(6) |
Submit evidence to establish all pertinent facts and circumstances. |
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The Administrative Disqualification Hearing Waiver process, 273.16(f)(1) requires IN ADDITION to the above; |
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(i) |
Case must be reviewed and a determination made by someone other than the EW that the evidence warrants a hearing prior to providing written notice to the individual. |
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(ii) |
Notice shall include at a minimum: |
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(A) |
Date the signed waiver must be received by the state and that the head of household must also sign if the accused is not the head of household. |
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(B) |
The accused individual’s right to remain silent and that anything said or signed may be used against him/her in a court of law |
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(C) |
The fact that the waiver will result in a DQ and reduction in benefits. |
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(D) |
An opportunity for the accused to specify whether he/she admits to the facts as presented by the state. (1) I admit; (2) I don’t admit but have chosen to sign and understand that a DQ penalty will result. |
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(E) |
Telephone number and, if possible, name of the individual to contact for further information |
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(F) |
Fact that the remaining household members will be responsible for repayment of the claim |
