North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-08.3 - Notice of intentional program violation hearing

Current through Supplement No. 393, July, 2024
1. A written notice
				of an intentional program violation hearing must contain:
a. The date, time, and place of the
				hearing;
b. The charge against the
				individual or household member;
c.
				A summary of the evidence, and how and where the evidence can be
				examined;
d. A warning that the
				decision will be based solely on evidence provided by the department or county
				agency if the individual or household member fails to appear at the
				hearing;
e. A statement that the
				individual or household member may request a postponement of the hearing,
				provided that the request for postponement is made at least ten days in advance
				of the scheduled hearing;
f. A
				statement that the individual, household member, or authorized representative
				will have ten days from the date of the scheduled hearing to represent good
				cause for failure to appear in order to receive a new hearing;
g. A description of the penalties that can
				result from a determination that the individual or household member has
				committed an intentional program violation and a statement of which penalty the
				department or county agency believes applicable to the case;
h. A listing of the rights of the individual
				or household member, as set forth in section
				75-01-03-03.1;
i. A statement that the hearing does not
				preclude the state or federal government from prosecuting the individual or
				household member for an intentional program violation in any civil or criminal
				action, or from collecting overissuances or overpayments;
j. A listing of individuals or organizations
				that provide free legal representation to individuals or household members
				alleged to have committed intentional program violations and that have
				authorized the department to include their name, address, and telephone number
				on such list;
k. An explanation
				that the individual or household member may waive the individual's or household
				member's right to appear at an intentional program violation hearing;
l. A statement of the accused individual or
				household member's right to remain silent concerning the charge, and that
				anything said or signed by the individual concerning the charge may be used
				against the individual in a court of law; and
m. A statement that the individual or
				household member may waive the right to appear at an intentional program
				violation hearing that includes:
(1) The date
				the signed waiver must be received by the department or county agency to avoid
				the holding of a hearing;
(2) A
				signature block for the accused individual, along with a statement that the
				head of or caretaker relative must also sign the waiver if the accused
				individual is not the head of household or caretaker relative, with an
				appropriately designated signature block;
(3) The fact that a waiver of the right to
				appear at the intentional program violation hearing will result in a
				disqualification penalty and a reduction in benefits or assistance payment for
				the appropriate period, even if the accused individual does not admit to the
				facts presented by the department or county agency;
(4) An opportunity for the accused individual
				to specify whether the individual admits to the facts as presented by the
				department or county agency; and
(5) In supplemental nutrition assistance
				program matters, a telephone number to contact for additional information and a
				statement that remaining household members, if any, will be held responsible
				for repayment of the resulting claim.