359.6 Notification of administrative disqualification hearing.
(a) Following a determination that the evidentiary packet is
sufficient, the department must schedule an administrative disqualification hearing. The
notice of administrative disqualification hearing which notifies the accused individual of
the scheduled hearing must be mailed by first class mail, or provided by any other
reliable method, to the accused individual.
(b) The hearing will be held at a time and place convenient to the
accused as far as practicable, taking into account circumstances such as physical
inability to travel to a regular hearing location.
(c) When it mails the notice of administrative disqualification hearing
to the accused individual, the department must mail to the social services district which
requested the hearing a notification of the time, date and place of the hearing by regular
mail.
(d) Notice of administrative disqualification hearing. A written notice
must be provided by the department to an individual alleged to have committed an
intentional program violation in accordance with the standards described in section 359.3
of this Part. This notice must be provided to the individual at least 30 days prior to the
date of the administrative disqualification hearing. The notice must include:
(1) the date, time, and place of the hearing;
(2) the charge(s) against the individual;
(3) a summary of the evidence and how and where
the evidence may be examined;
(4) a statement warning that the decision will
be based solely on information provided by the social services district if the individual
fails to appear at the hearing;
(5) a notification that the individual or the
individual's representative may have an opportunity to examine all documents and records
to be used at the hearing by calling an identified telephone number and making
arrangements to examine the documents and records at a specified place, provided that
confidential information, such as names of individuals who have disclosed information
about the public assistance unit or the nature or status of pending criminal prosecutions,
cannot be released;
(6) notification of the individual's right to:
(i) an adjournment,
provided that such a request is made at least 10 days in advance of the scheduled hearing
date. In addition, such notification must advise the individual that if an adjournment is
requested less than 10 days prior to the scheduled hearing date, the individual must
demonstrate good cause for requesting the adjournment;
(ii) present the case
or be represented by legal counsel or other person;
(iii) bring witnesses;
(iv) advance arguments
without undue interference;
(v) question or refute
any testimony or evidence;
(vi) confront and
cross-examine adverse witnesses; and
(vii) submit evidence
to establish all pertinent facts in the case;
(7) notification that the accused individual
has the right to remain silent during the hearing process, but that inferences can be
drawn from the silence of the individual;
(8) a statement that upon request, a copy of
this Part will be made available to the individual or his or her representative at the
social services district during normal business hours;
(9) copies of the sections of this Part
relevant to the hearing process;
(10) a citation of the federal or State
regulations governing the hearing and/or offense where appropriate;
(11) a listing of legal aid and/or legal
services organizations which are available to assist in the defense of the case;
(12) a statement that the hearing does not
preclude the State or federal government from prosecuting the individual for fraud in a
civil or criminal court action, or from collecting an overpayment or recovering
over-issuances of benefits;
(13) a statement that in order to receive a new
hearing the individual or the individual's representative will have 10 days from the date
of the scheduled hearing to present to the department good cause reasons for failing to
appear at the hearing;
(14) a description of the penalties that can
result from a determination that the individual has committed an intentional program
violation and a statement of the penalty which is applicable to the individual; and
(15) an explanation that the individual may, in
writing, waive his or her right to appear at an administrative disqualification hearing as
provided in section 359.8 of this Part. This explanation must include:
(i) the date that the
signed waiver must be received by the department and a place in which the accused
individual can sign his or her name. This explanation must also include a statement that
any caretaker relative or head of household must also sign the waiver if the accused
individual is not the caretaker relative or head of household; the waiver statement must
include an appropriately designated signature block in which such other individual can
sign his or her name;
(ii) a statement of the
accused individual's right to remain silent concerning the charge(s), but that inferences
can be drawn from the silence of the individual, and that anything said or signed by the
individual concerning the charge(s) can be used against him or her in a court of law or at
an administrative hearing;
(iii) the fact that a
waiver of an individual's right to appear at an administrative disqualification hearing
may result in a disqualification penalty and a reduction or discontinuance of assistance
or food stamp benefits for the appropriate period even if the accused individual does not
admit to the facts as presented by the social services district;
(iv) an opportunity for
the accused individual to specify whether or not he or she admits to the facts as
presented by the social services district;
(v) the telephone
number and, if possible, the name of the department employee and an employee of the social
services district to contact for additional information; and
(vi) the fact that the
remaining members, if any, of the household or assistance unit will be held responsible
for the repayment of any overpayment or over- issuance.