359.8 Waiver of an administrative disqualification hearing.
(a) An administrative disqualification hearing is waived when a waiver
of administrative hearing document which is sent by the department to an individual for
whom the department has scheduled an administrative disqualification hearing is properly
executed by the individual or any caretaker relative or head of household, if the accused
individual is not the caretaker relative or head of household, and received by the
department.
(b) The department will send written notification to the social
services district which had requested the hearing that it may impose the appropriate
penalty contained in section 359.9 of this Part upon sending a notice of disqualification
to the individual, as described in section 359.10 of this Part. A waiver of an
administrative disqualification hearing must comply with the provisions of paragraph (15)
of subdivision (d) of section 359.6 of this Part.
(c) A disqualification penalty which has been imposed following a
waiver of an administrative disqualification hearing cannot be changed in a subsequent
fair hearing held pursuant to Part 358 of this Title. There is no right to appeal the
penalty by a fair hearing.
(d) Upon timely receipt of a properly executed waiver, the department
will notify the social services district in writing of the cancellation of the scheduled
administrative disqualification hearing and of the social services district's
responsibility to proceed with the recovery of any overpayment or over-issuance in
accordance with the provisions of sections 352.31 or 387.19 of this Title.
(e) When an individual waives his or her right to appear at an
administrative disqualification hearing, the disqualification and appropriate reduction or
discontinuance of assistance or food stamps must result regardless of whether the
individual admits or denies the charges made by the district.