Appeals Supervisor Action on Administrative Disqualification Hearing 400-19-125-40

(Revised 6/1/10 ML #3218)

View Archives

 

 

Upon receipt of the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation the Appeals Supervisor will:

1. After reviewing and approving a signed waiver, notify the individual of the disqualification reason and the effective date of the disqualification for either currently open or closed cases.

2. If a waiver was not signed, schedule a hearing to be conducted either by phone or with a hearing officer present. At least 30 days advance notice of the scheduled hearing will be provided by the hearing officer. Within 90 days of the date the hearing is conducted, a decision will be made, and the county notified to initiate action. The household is entitled to a postponement of up to 30 days. If the hearing is postponed, the above time limits will be extended for as many days as the hearing is postponed.

 

If the individual or his or her representative fails to appear for the scheduled hearing, without good cause, the hearing will still be conducted as scheduled. Good cause is decided by the Appeals Supervisor.

 

If the hearing officer determines the individual has committed the violation, the Appeals Supervisor will notify the individual of the disqualification reason.

 

No further appeal procedure exists after a disqualification hearing. The determination of intentional program violation cannot be reversed by a subsequent hearing. The individual, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay or other injunctive remedy.

3. The county must take appropriate action upon receipt of the hearing decision.