112-8          ADMINISTRATIVE DISQUALIFICATION HEARINGS

A Hearing Officer in the department’s Office of Hearings and Appeals conducts the Administrative Disqualification Hearings.  The hearing may be held either face-to-face or by teleconference.  The Hearing Officer 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 Hearings and Appeals or the Fraud Control Unit at least 10 calendar days prior to the hearing date.

Clients failing to appear may request the Hearing Officer to schedule a new hearing date.  This request must be made within 10 calendar days after the scheduled hearing.  The Hearing Officer 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 Hearing Officer must hold the hearing, render a decision, and provide a written notice of the decision to the client, the Fraud Control Unit, and the Claims Unit.  The Hearing Officer also forwards a copy of the disqualification hearing to the client's current caseworker to be retained in the eligibility case file.

If an intentional program violation occurred, the Claims Specialist 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 Intentional Program Violation until instructed to do so by the Claims Specialist in the Claims Unit.

Clients may not request a fair hearing on an adverse Administrative Disqualification Hearing decision.  Clients may only appeal an adverse hearing decision to a court of law.