Appeals Supervisor Action 400-28-160-30

(Revised 10/1/11 ML #3278)

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NDAC 75-02-01.3-12

 

Upon receipt of the SFN 1940 TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation:

1. If the Waiver of Hearing was signed, the Appeals Supervisor will review and approve the signed Waiver of Hearing, and notify the individual of the reason for and the effective date of the disqualification, whether the case is currently open or closed. Notification will be sent to the county to impose the disqualification.

 

2. If a Waiver of Hearing was not signed:

1. The Appeals Supervisor will schedule a hearing to be conducted either by phone or with a hearing officer present.
2. If the individual or the individual's representative fails to appear for the scheduled hearing, without good cause, the hearing will still be conducted as scheduled. Good cause is determined by the Appeals Supervisor.
3. If the Hearing Officer determines the individual has committed the violation, the Appeals Supervisor will notify the individual of the disqualification reason.

Upon receipt of the hearing decision, the county must take appropriate action.

Note: The eligibility worker must receive the order which is signed by the Executive Director of the North Dakota Department of Human Services prior to taking any action.