Utah Admin. Code R986-100-136 - SNAP Administrative Disqualification Hearing (ADH) Procedures
(1) For alleged
IPVs involving SNAP, an ADH will be held unless the client formally waives the
right to an ADH in writing. If the client does not participate in the hearing,
the ALJ will make a decision based solely on the evidence before the
ALJ.
(2) The hearing procedures set
forth in R986-100-123 through
R986-100-135 apply to ADHs
unless otherwise specified or inconsistent with this section.
(3) The Division of Adjudication will
schedule all ADHs.
(a) A pending ADH has no
effect on a household's eligibility or benefit level.
(b) The Department may withdraw a request for
an ADH at any time prior to the scheduled hearing by sending written notice to
the Division of Adjudication and all parties.
(4) A client may waive the right to an ADH by
completing, signing, and returning the waiver form prepared by the Department.
(a) A completed, signed, and submitted waiver
constitutes an agreement by the client to forego the ADH and accept the
prescribed disqualification period.
(b) If the client accused of the IPV is not
the head of household, the waiver must be signed by both the client accused of
the IPV and the head of household to be effective. Waiver of the right to an
ADH shall result in the client accused of the IPV and all other adult household
members being held responsible to repay any overpayment.
(c) A client may rescind a waiver of the
right to an ADH by submitting a written statement to the Division of
Adjudication requesting that the waiver be rescinded. The written statement
must be submitted within 30 days of the date the waiver was submitted, or
before the start of the disqualification period, whichever is earlier. Once a
valid written statement rescinding the waiver is received, the Division of
Adjudication will schedule an ADH.
(5) The notice of hearing shall contain, in
addition to the items described in
R986-100-127, the following:
(a) The charges against the client;
(b) A summary of the evidence, and how and
where it can be examined;
(c) A
statement that the client will, upon receipt of the notice, have 10 days from
the date of the hearing to present good cause for failure to appear in order to
receive a new hearing;
(d) A
warning that a determination of IPV will result in a specific disqualification
period, and a statement of which penalty the Department believes is applicable
to the case;
(e) A listing of the
client's rights as outlined in
R986-100-128;
(f) A statement that the hearing does not
preclude the State or Federal government from prosecuting the client for the
IPV in a civil or criminal court action, or from collecting any
overissuance(s); and
(g) A
statement informing the client about what free legal services are
available.
(6) The
Division of Adjudication may combine a fair hearing and an ADH into a single
hearing if the relevant factual issues arise out of the same or related
circumstances.
(a) The notice of hearing
shall inform the parties of whether a fair hearing and an ADH will be combined
into a single hearing.
(b) If the
hearings are combined, the applicable filing and hearing deadlines and
timeframes are those contained in this section to the extent of any
conflict.
(c) If the client fails
to appear or participate in the combined hearing, the fair hearing will be
dismissed but the ADH will still be held.
(7) The ALJ shall advise the parties that
they have the right to refuse to answer questions during the hearing, and that
the ALJ may draw reasonable adverse inferences based on a party's refusal to
answer questions during the hearing.
(8) A qualified employee of the Department
shall represent the Department at the ADH.
(9) Within 90 days of the date the notice of
hearing is issued, the ALJ shall conduct the hearing, arrive at a decision, and
issue written notice of the decision to the Department and all parties. If the
ADH is postponed for any reason, the 90-day time limit will be extended by as
many days as the ADH is postponed.
(10) If any party fails to participate in the
hearing and disagrees with the hearing decision, the party may request
reopening of the hearing as set forth in
R986-100-131.
(11) If the ALJ determines the client did not
commit an IPV, no disqualification shall be assessed. Any party, including the
Department, may utilize the administrative review process set forth in
R986-100-135.
Notes
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