Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 4 - General Provisions › 7 AAC 41.423 - Intentional program violation hearings

Current through May 31, 2024
(a) If the
				  department believes that a family or provider has committed an intentional
				  program violation under
				  7 AAC 41.410 the department will refer the matter to the
				  office of administrative hearings (AS
				  44.64.010) for scheduling of an intentional
				  program violation hearing. After the office of administrative hearings sets a
				  date and time for the hearing, the department will provide the family or
				  provider with a written notice at least 30 calendar days before the scheduled
				  date of the intentional program violation hearing. In the notice the department
				  will include
(1) the date, time, and location
				  of the hearing;
(2) the accusations
				  against the family or provider;
(3)
				  a summary of the evidence to be presented by the department, and how and where
				  the evidence can be examined;
(4) a
				  description of the availability of a hearing postponement, as specified in (b)
				  of this section;
(5) an explanation
				  of the consequences of failure to appear at the hearing, as provided in (c) of
				  this section;
(6) instructions on
				  how to claim good cause for failure to appear at the hearing, as provided in
				  (d) of this section;
(7) an
				  explanation of the intentional program violation and penalties as provided in
				  7 AAC 41.425 as applicable to the case scheduled for
				  hearing;
(8) a statement that the
				  hearing does not preclude the state or federal government from prosecuting the
				  family or provider for an intentional program violation in a civil or criminal
				  court action, or from recovery of an overpayment;
(9) an explanation of the public resources
				  available that may provide free legal representation, and that the department
				  is not responsible for providing legal representation;
(10) an explanation that the hearing may be
				  held face-to-face or by telephone, at the administrative law judge's
				  discretion;
(11) a statement that
				  the accused family or provider has the right to remain silent and that anything
				  said or signed by the family or provider concerning the accusations can be used
				  against the accused family or provider in the hearing or a court of law;
				  and
(12) a statement that the
				  accused family or provider may waive the right to the intentional program
				  violation hearing; in the statement the department will inform the family or
				  provider
(A) of the date by which a signed
				  waiver-of-rights form must be received by the department;
(B) that a waiver of rights will result in
				  penalties up to and including disqualification, benefit reduction, and
				  repayment obligations, even if the accused does not admit to the facts as
				  represented by the department; and
(C) that the family or provider may specify
				  on the waiver-of-rights form whether the family or provider admits to the facts
				  as represented by the department.