Iowa Admin. Code r. 441-7.19

Current through Register Vol. 46, No. 25, May 29, 2024

Rule 441-7.19 - [Effective 7/3/2024] Supplemental Nutrition Assistance Program (SNAP) administrative disqualification hearings

The department acts on alleged intentional program violations either through an administrative disqualification hearing or referral to a court of appropriate jurisdiction. An individual accused of an intentional program violation may waive the individual's right to an administrative disqualification hearing in accordance with the procedures outlined in this rule and in 7 CFR 273.16(e) and (f) as amended to December 8, 2021.

(1) When a case is referred for an administrative disqualification hearing, the appeals section shall mail written notification to the individual that the individual can waive the right to an administrative disqualification hearing by signing and returning Waiver of Right to an Administrative Disqualification Hearing.

(2) By signing Waiver of Right to an Administrative Disqualification Hearing, the individual:

a. Waives the right to an administrative disqualification hearing;

b. Consents to the SNAP disqualification period designated Waiver of Right to an Administrative Disqualification Hearing, and a reduction of benefits for the period of disqualification; and

c. Acknowledges that remaining household members, if any, may be held responsible for repayment of the resulting claim.

(3) An administrative disqualification hearing shall be scheduled if the individual does not sign and mail or fax Waiver of Right to an Administrative Disqualification Hearing, to the appeals section within ten days of receipt of the written notification stating the individual can waive the right to an administrative disqualification hearing. The date on which the written notification is received is considered to be five days after the date on the notification, unless the individual shows the notification was not received within the five-day period.

(4) An individual who waives the right to an administrative disqualification hearing will be subject to the same penalties as an individual found to have committed an intentional program violation in an administrative disqualification hearing.

(5) No further administrative appeal procedure exists after an individual waives the individual's right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty shall not be changed by a subsequent fair hearing decision.

Iowa Admin. Code r. 441-7.19

Amended by IAB June 7, 2017/Volume XXXIX, Number 25, effective 7/12/2017

Reserved by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020

Amended by IAB July 28, 2021/Volume XLIV, Number 2, effective 9/1/2021

Amended by IAB June 29, 2022/Volume XLIV, Number 26, effective 9/1/2022

Adopted by IAB May 29, 2024/Volume XLVI, Number 25, effective 7/3/2024