Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 5 - INTENTIONAL PROGRAM VIOLATION › Section R6-14-502 - IPV Administrative Disqualification Hearings; Hearing Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of
				sufficient documentary evidence substantiating that a person has committed an
				IPV, the Department shall initiate either an Administrative Disqualification
				Hearing, or a referral for prosecution.
B. When the Department initiates an
				Administrative Disqualification Hearing, the Department shall mail the person
				suspected of an IPV written notice of the right to waive the Administrative
				Disqualification Hearing. This notice shall be sent either by first class mail
				or certified mail - return receipt requested.
C. The waiver notice of the Administrative
				Disqualification Hearing shall include the following information as well as the
				information described in
				R6-14-503(D):
1. A statement that the Department has
				determined that the individual suspected of the IPV committed, and intended to
				commit, one or more acts described in R6-14-501(A) and that the Department has
				initiated an Administrative Disqualification Hearing against the individual
				suspected of the IPV.
2. A summary
				of the allegations and evidence against the individual suspected of the IPV and
				notification that the individual suspected of the IPV has the right to examine
				the case file prior to the hearing and, when requested by the individual or
				representative, be provided a free copy of any documents in the case file,
				except documents protected by the attorney-client or work-product privilege or
				as otherwise protected by federal or state confidentiality laws.
3. A statement of the right of the individual
				suspected of the IPV to remain silent concerning the allegation of an IPV, and
				that anything said or signed by the individual concerning the allegations can
				be used against the individual suspected of the IPV in a court of law,
				including signing any part of the waiver.
4. A statement that signing a waiver of the
				Administrative Disqualification Hearing will result in disqualification periods
				as determined by section
				R6-14-505,
				a statement of the penalty the Department believes is applicable to the case
				scheduled for a hearing and a reduction in benefits for the period of
				disqualification, even if the individual suspected of the IPV does not admit to
				the facts as presented by the Department.
5. A statement that the individual suspected
				of the IPV does not have to sign a waiver of the Administrative
				Disqualification Hearing, return the waiver form to the Department or speak to
				anyone at the Department.
6. A
				statement of the fair hearing rights of the individual suspected of the IPV and
				notification that these rights are waived when the individual suspected of the
				IPV submits a signed waiver of the Administrative Disqualification Hearing
				form.
7. A statement that waiver of
				the Administrative Disqualification Hearing does not preclude the State or
				Federal Government from prosecuting the individual suspected of the IPV for the
				IPV in a civil or criminal court action, or from collecting any over issuance
				of Nutrition Assistance benefits.
8. A statement that the individual suspected
				of the IPV may wish to consult an attorney and a list of any individuals or
				organizations that provide free legal representation.
9. A statement that Nutrition Assistance
				benefits will continue and will only be terminated if the following occurs:
a. The individual suspected of the IPV signs
				a notice to waive their rights to an Administrative Disqualification
				Hearing,
b. There is an
				Administrative Disqualification Hearing decision that the individual suspected
				of the IPV is disqualified,
c. The
				individual is determined to no longer be eligible on other grounds,
				or
d. The individual requests that
				the Nutrition Assistance benefits not be continued in order to avoid a
				potential over issuance of benefits.
10. A statement that the remaining adult
				household members, if any, will be held responsible for repayment of the
				resulting over issuance claim.
11.
				An opportunity for the individual suspected of the IPV to specify whether or
				not the individual admits to the facts as presented by the Department. This
				opportunity shall consist of the following statements, and a method for the
				individual suspected of the IPV to designate the individual's waiver choice:
a. I admit to the facts as presented and
				understand that a disqualification penalty will be imposed if I sign this
				waiver. I understand that if I sign this waiver, there will not be an
				Administrative Disqualification Hearing; or
b. I do not admit that the facts as presented
				are correct in my Nutrition Assistance case. However, I have chosen to sign
				this waiver of the Administrative Disqualification Hearing. I also understand
				that a disqualification penalty will be imposed. I understand that if I mark
				this box, I will not be able to submit additional evidence, have an
				Administrative Disqualification Hearing, or have the right to administrative
				appeal; or
c. I do not admit that
				the facts as presented are correct in my Nutrition Assistance case. I do not
				waive my right to require an Administrative Disqualification Hearing where the
				Department must prove by clear and convincing evidence that I committed, and
				intended to commit, an Intentional Program Violation.
12. A statement that if the individual
				suspected of the IPV does not waive their right to an Administrative
				Disqualification Hearing, then the Department must prove by clear and
				convincing evidence that the person committed and intended to commit, an
				Intentional Program Violation. The statement shall also advise the person that
				they may attend the hearing but are not required to attend. If the person opts
				to attend the hearing, they may talk to the judge about what happened and
				present additional evidence to the judge if they want to. The person also has
				the right to remain silent. The judge will decide if the person will be
				disqualified from participating in the Nutrition Assistance program.
13. The telephone number of the appropriate
				Department unit that the individual may contact to obtain additional
				information.
14. A due date that
				the signed waiver of an Administrative Disqualification Hearing must be
				provided to the Department so that a hearing will not be held and a signature
				block for the individual suspected of the IPV, along with a statement that the
				head of household must also sign the waiver if the individual suspected of the
				IPV is not the head of household, with an appropriately designated signature
				block.
15. If the signed waiver of
				the Administrative Disqualification Hearing is not returned by the due date,
				the Department shall schedule the Administrative Disqualification Hearing and
				shall send the individual suspected of the IPV a written hearing notice as
				contained in
				R6-14-503(C).