Ala. Admin. Code r. 660-4-4-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-4-4-.04 - Procedures For Administrative Disqualification Hearings

(1) Disqualification hearings are conducted at the state level. The state agency may combine a fair hearing and an administrative disqualification hearing into a single hearing if the factual issues arise out of the same, or related, circumstances and the household receives prior notice that hearings will be combined. If hearings are combined for the purpose of settling the amount of the claim at the same time as determining whether or not intentional program violation has occurred, the household shall lose its right to a subsequent fair hearing on the amount of the claim.

(2) Within 90 days of the date the accused is notified, the agency must conduct the hearing, arrive at a decision, and notify the household member and other appropriate persons of the decision.

(3) The individual or a representative of the individual may request a postponement of a hearing. This request must be made at least 10 days prior to the hearing date and postponement may not exceed 30 days. The time fame for the State is adjusted by the same number of days as the postponement.

(4) The hearing does not preclude the state or federal government from prosecuting the household member in a civil or criminal court or from collecting the overpayment.

(5) A copy of the state agency's published hearing procedures shall be provided the accused at the time of notification.

(6) If the individual cannot be located or fails to appear, the hearing shall be conducted in absentia.

(7) In rendering a decision, specific program violations must be cited for anyone found guilty.

(8) A state level decision is immediately binding and must be implemented on the county level the following month. If the individual wishes to pursue court action and the decision is subsequently reversed, benefits lost will be restored.

Ala. Admin. Code r. 660-4-4-.04

Effective June 28, 1983. Emergency repealer effective October 1, 1983. Emergency repealer of October 1, 1983 rescinded October 24, 1983.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 11/23/2018.

Author: Jeremy Barnes

Statutory Authority:7 C.F.R. 273.16, 273.18; Code of Ala. 1975, §§ 38-2-6, 41-22-1 through -27.