The department acts on alleged intentional program
violations either through an administrative disqualification hearing or
referral to a court of appropriate jurisdiction. An individual accused of an
intentional program violation may waive the individual's right to an
administrative disqualification hearing in accordance with the procedures
outlined in this rule and in 7 CFR 273.16(e) and
(f) as amended to December 8, 2021.
(1) When a case is referred for an
administrative disqualification hearing, the appeals section shall mail written
notification to the individual that the individual can waive the right to an
administrative disqualification hearing by signing and returning Waiver of
Right to an Administrative Disqualification Hearing.
(2) By signing Waiver of Right to an
Administrative Disqualification Hearing, the individual:
a. Waives the right to an administrative
disqualification hearing;
b.
Consents to the SNAP disqualification period designated Waiver of Right to an
Administrative Disqualification Hearing, and a reduction of benefits for the
period of disqualification; and
c.
Acknowledges that remaining household members, if any, may be held responsible
for repayment of the resulting claim.
(3) An administrative disqualification
hearing shall be scheduled if the individual does not sign and mail or fax
Waiver of Right to an Administrative Disqualification Hearing, to the appeals
section within ten days of receipt of the written notification stating the
individual can waive the right to an administrative disqualification hearing.
The date on which the written notification is received is considered to be five
days after the date on the notification, unless the individual shows the
notification was not received within the five-day period.
(4) An individual who waives the right to an
administrative disqualification hearing will be subject to the same penalties
as an individual found to have committed an intentional program violation in an
administrative disqualification hearing.
(5) No further administrative appeal
procedure exists after an individual waives the individual's right to an
administrative disqualification hearing and a disqualification penalty has been
imposed. The disqualification penalty shall not be changed by a subsequent fair
hearing decision.
Notes
Iowa Admin. Code r. 441-7.19
Amended by
IAB
June 7, 2017/Volume XXXIX, Number 25, effective
7/12/2017
Reserved
by
IAB
March 11, 2020/Volume XLII, Number 19, effective
4/15/2020
Amended by
IAB
July 28, 2021/Volume XLIV, Number 2, effective
9/1/2021
Amended by
IAB
June 29, 2022/Volume XLIV, Number 26, effective
9/1/2022
Adopted by
IAB
May 29, 2024/Volume XLVI, Number 25, effective
7/3/2024
