112-8 ADMINISTRATIVE DISQUALIFICATION HEARINGS
An Administrative Law Judge with the Office of Administrative Hearings conducts the Administrative Disqualification Hearings. The hearing may be held either face-to-face or by teleconference. The Administrative Law Judge provides all clients with an opportunity for a telephonic hearing. Alaska Temporary Assistance rules do not require that clients be offered the option of a face-to-face hearing.
The client must be sent written notification of the hearing at least 30 days prior to the hearing date. The Advance Notice of Your Administrative Disqualification Hearing must contain the date, time, and location of the hearing.
Clients may be granted one hearing postponement of up to 30 calendar days. To request a postponement, the client must contact the Office of Administrative Hearings at least 10 calendar days prior to the hearing date.
Clients failing to appear may request the Administrative Law Judge to schedule a new hearing date. This request must be made within 10 calendar days after the scheduled hearing. The Administrative Law Judge applies a strict standard to determine if the client had good cause for failing to appear.
Administrative Disqualification Hearings may be held with or without the client present as long as the client is sent written notification of the hearing at least 30 calendar days prior to the scheduled hearing date. If the client fails to appear, the hearing decision can be based on the evidence presented by the state agency.
At disqualification hearings, clients have rights that include:
Presenting
witnesses
The right
to remain silent
Examination
of the evidence
Representation
by an attorney
Cross examination of witnesses
Within 90 calendar days from the date of the Advance Notice of Administrative Disqualification Hearing, the Administrative Law Judge issues a proposed decision to all parties (the exact date of issuance of the proposed decision is earlier than the statutory 120-days-from-referral as outlined in AS 44.64.060.) Up to 10 days after the proposed decision is issued, all parties have the right to submit a Proposal for Action to contest the proposed decision. The deadline for final decision maker to issue final decision runs within 90 days from when the respondent is noticed of the ADH. If no final decision is issued, the proposed decision becomes final by operation of law.
If an intentional program violation occurred, the FCU staff advises the caseworker of the start and end dates of the disqualification period.
Note:
Caseworkers should not take action to disqualify an individual for an IPV until instructed to do so by the
staff in Fraud Control Unit.
Clients may not request a fair hearing on a "final" adverse Administrative Disqualification Hearing decision. Clients may only appeal an adverse hearing decision to a court of law.
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