The Hearing Officer shall prepare a decision that reviews the
relevant evidence and applies the controlling policy, regulations, and/or State
and Federal law. The Agency must present relevant evidence and policy,
regulations, and/or laws clearly and convincingly demonstrating that a Client
committed an intentional program violation. If the Agency has failed to do so,
the Hearing Officer's decision shall explain how the Agency failed to meet its
burden of proof.
An Administrative Disqualification Action shall be
administered, and a decision released, within ninety (90) calendar days from
the date the Client receives notice of the Programmatic Administrative
Disqualification Action, unless the time frame for a decision has been extended
pursuant to Rule
4.7 Continuing, Expediting, or
Reconvening a Hearing. The decision must include a description of any
penalties to be imposed and the recoupment amount, if applicable. The Hearing
Officer's decision shall constitute the final Agency action concerning the
Programmatic Administrative Disqualification Action.
