If the department believes that an individual has committed
an intentional program violation under
7
AAC 45.580, the department will refer the matter to
the office of administrative hearings (AS
44.64.010) for scheduling of an
administrative disqualification hearing under
7
AAC 45.585. After the office of administrative
hearings sets a date and time for the hearing, and not later than 30 days
before that date, the department will provide the individual with written
notice of the administrative disqualification hearing. In the notice the
department will include
(1) the date
and time of the hearing;
(2) the
accusations against the individual;
(3) a summary of the evidence to be presented
by the department, and how and where the evidence can be examined;
(4) a statement whether a hearing
postponement is available, as provided in
7
AAC 45.585;
(5) an explanation of the consequences of
failure to appear at the hearing, as provided in
7
AAC 45.585;
(6) instructions on how to claim good cause
for failure to appear at the hearing, as provided in
7
AAC 45.585;
(7) a description of the disqualification
penalties, as provided in
AS
47.27.015(e), and the
penalty applicable to the case scheduled for hearing;
(8) a statement that the hearing does not
preclude the state or the federal government from prosecuting the individual
for an intentional program violation in a civil or criminal court action, or
from recovering an overpayment;
(9)
a list of the public resources that may provide free legal representation, and
a statement that the department is not responsible for providing legal
representation;
(10) a statement
that the hearing may be held in person or by telephone, at the discretion of
the administrative law judge;
(11)
a statement that the accused individual has the right to remain silent, and
that anything the individual states, or any written statement the individual
signs, concerning the accusations can be used against the individual in the
hearing or a court of law; and
(12)
a statement that the accused individual may waive the right to the
disqualification hearing; in the statement the department will inform the
individual
(A) of the date by which a signed
waiver-of-rights form must be received by the department;
(B) that a waiver of the individual's rights
will result in disqualification of the accused individual and a reduction in
the ATAP benefit paid to the individual's assistance unit during the period of
disqualification, even if the accused individual does not admit to the facts as
represented by the department; and
(C) that the individual may specify on the
waiver-of-rights form whether the individual admits to the facts as represented
by the department.
