Section 706.340 - Waiver of an Administrative Disqualification Hearing (ADH)A waiver form allowing the individual to forgo the ADH may be issued along with the advance notice of the ADH. An individual suspected of an Intentional Program Violation (IPV) may complete, sign and return the waiver form to the Department. By doing so, the individual will have agreed to all penalties and requirements, including repayment, incumbent upon an individual who is found guilty of an IPV.
The waiver form shall include:
(A) The date the signed waiver must be received by the Department, with the signatures of the accused individual and the grantee, if the accused individual is not the grantee;(B) A statement of the accused individual's right to remain silent concerning the charges and that anything said or signed by the individual concerning the charges may be used against him or her in a court of law;(C) A statement that signing the waiver will result in automatic disqualification for the appropriate period and recoupment, even if the individual does not admit to the facts as presented by the Department; and(D) The opportunity for the accused individual to specify whether or not he or she admits to the charges cited in the ADH advance notice.Amended by Mass Register Issue 1360, eff. 3/9/2018.