Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 601 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Section 22VAC40-601-40 - Administrative disqualification hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local department is responsible for
				investigating any case of alleged intentional program violation and ensuring
				that appropriate cases are acted upon either through referral for an
				administrative disqualification hearing or for prosecution by a court of
				appropriate jurisdiction.
B. In
				order for a local department to request an ADH, there must be clear and
				convincing evidence that demonstrates a household member committed or intended
				to commit an IPV.
C. The local
				department shall ensure that evidence against the household member alleged to
				have committed an IPV is reviewed by either an eligibility supervisor or the
				local department director to certify that the evidence warrants referral for an
				ADH.
D. Before submitting the
				referral for an ADH to the state hearing manager, the local department shall
				send a notice to the person suspected of an IPV that the member may waive the
				right to a hearing. The person must sign a waiver request and return it to the
				local department within 10 days from the date the notice was sent to the
				household member in order to avoid the submission of the ADH
				referral.
E. If the local
				department receives a signed waiver, there will not be a hearing but the person
				will be disqualified for the length of time prescribed by federal
				policy.
F. The hearing officer will
				schedule a date for the ADH and provide written notice to the household member
				suspected of an IPV by certified mail - return receipt requested or first class
				mail. The notice must be mailed at least 30 days in advance of the date the ADH
				scheduled. If the notice is sent using first class mail and is returned as
				undeliverable, the hearing may still be held. The hearing officer must compare
				the household's address on the local department referral with other documents
				associated with the case. A revised notice must be provided to the household
				member if an error is discovered in the address used for the original notice of
				the hearing.
G. The requirement to
				notify the individual about the ADH will be met if there is proof of receipt of
				the advance notice of the ADH or if there is proof that the person refused to
				accept the notice.
H. The time and
				place of the ADH shall be arranged so that the hearing is acceptable to the
				person suspected of an IPV.
I. The
				person or representative may request a postponement of the ADH if the request
				for postponement is made at least 10 days in advance of the date of the
				scheduled hearing.
J. The ADH may
				be held even if the person or representative subsequently cannot be located or
				fails to appear without good cause.
K. If the hearing officer finds that a
				household member committed an IPV but the hearing officer later determines
				there was good cause for not appearing, including that the notice was sent to
				an incorrect address, the previous decision will no longer be valid. A new ADH
				shall be conducted.
L. A pending
				ADH shall not affect the household or an individual's right to be certified and
				participate in SNAP.
M. The hearing
				officer shall:
1. Identify those present for
				the record.
2. Advise the person or
				representative that he may refuse to answer questions during the
				hearing.
3. Explain the purpose of
				the ADH, the procedure, how and by whom a decision will be reached and
				communicated, and the option of either the local department or the household to
				request an administrative review of the hearing officer's decision. The hearing
				officer shall also explain that only the household may seek a change to the
				hearing officer's decision through a court of appropriate
				jurisdiction.
4. Consider all
				relevant issues. Even if the person or representative is not present, the
				hearing officer must carefully consider the evidence and determine if any IPV
				was committed based on clear and convincing evidence.
5. Request, receive and make part of the
				record all evidence determined necessary to render a decision.
6. Regulate the conduct and course of the
				hearing consistent with the process to ensure an orderly hearing.