112-6          WAIVER OF ADMINISTRATIVE DISQUALIFICATION HEARING

Clients accused of Supplemental Nutrition Assistance Program or Alaska Temporary Assistance program fraud have the right to an Administrative Disqualification Hearing (ADHAdministration Disqualification Hearing). Once presented with the evidence of an intentional violation, clients may waive the right to a hearing. The process includes offering clients an opportunity to sign the waiver rather than facing a formal hearing. Clients can sign the waiver either admitting or not admitting to the facts presented. The signed waiver carries the same penalties as being found guilty in a formal disqualification hearing of an IPVIntentional Program Violation.

After completing the fraud loss statement and scheduling a client conference to discuss the findings, the investigator prepares the Waiver of Administrative Disqualification Notice (TA 35, FSP 35). The notice contains an explanation of the intentional program violation, when it occurred, the evidence obtained, any overpayment resulting from the intentional program violation, whether it is a first, second, or third violation, the penalty associated with the violation, and a statement of client rights.

By signing the waiver, clients give up their right to an Administrative Disqualification Hearing, agree to repay any overpayment, and agree to be disqualified from the Supplemental Nutrition Assistance Program and/or Temporary Assistance program for the period specified.

Note:

See the program's policy manual for specific rules on fraud disqualifications and/or penalties, and to determine if it applies to the individual or to the household.

Staff in the Fraud Control Unit will take action to impose appropriate IPVIntentional Program Violation and Disqualification penalty for open and closed cases. For cases that are in "received" or "pend" status, the Fraud Control Unit notifies the assigned team with detailed instructions to take the appropriate action to impose the DQ penalty, and code the recipient "DF" and the month that the disqualification begins. FCUFraud Control Unit staff will also update the Electronic Disqualified Recipient System (eDRS) of a Supplemental Nutrition Assistance Program IPVIntentional Program Violation. FCUFraud Control Unit staff sends the signed disqualification hearing waivers to the Benefit Issuance and Recovery Unit to process and establish fraud claims.