112-6 WAIVER OF ADMINISTRATIVE DISQUALIFICATION HEARING
Clients accused of Food Stamp or Alaska Temporary Assistance program fraud have the right to an Administrative Disqualification Hearing (ADH). Once presented with the evidence of an intentional program 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 IPV.
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 Food Stamp 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 sends signed disqualification hearing waivers to the Program Integrity & Analysis Section, Claims Unit for the Temporary Assistance and Food Stamp Programs. The Claims Specialist notifies the client's caseworker to take action to begin the disqualification period for open cases. For closed cases, the Claims Specialist directly notifies the client of the disqualification period and enters information on the CANO screen in EIS.
|
|
||
|
|
|
|