Md. Code Regs. 07.03.10.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.03.10.05 - Waiver of Administrative Disqualification Hearing

A. The local department may allow an individual who is accused of an intentional program violation to waive the individual's right to an administrative disqualification hearing;

B. Supervisory Review. Before providing advanced written notification that the individual may waive the individual's right to an administrative disqualification hearing, the local department shall ensure that someone other than the eligibility worker assigned to the accused individual's household or assistance unit:

(1) Reviews the evidence against the household member or individual; and

(2) Determines that the evidence warrants scheduling of a disqualification hearing.

C. Advance Notification. When the local department decides to allow an individual to waive the individual's right to an administrative disqualification hearing, the local department shall notify the individual in writing. The notice shall include:

(1) A summary of the charge against the individual and the evidence to support it;

(2) Information regarding the administrative disqualification hearing including:

(a) A statement that the individual may waive the right to an administrative disqualification hearing,

(b) The date, not later than 20 days after the mailing of the notice, after which the local department will refer the case to OAH for a hearing if the local department has not received the signed waiver,

(c) The requirement that, for charges the head of household shall also sign the waiver if the individual is not the head of household,

(d) A statement that the individual has the right to remain silent and that anything the individual says or signs concerning the charge may be used in future administrative or judicial proceedings,

(e) A statement that signing the waiver will result in disqualification andreduce or terminate benefits for the household or assistance unit;

(3) An opportunity for the individual to admit to the facts presented by the local department;

(4) A statement that the disqualified individual and remaining household or assistance unit members are responsible for repayment of any overissued benefits;

(5) A statement that a hearing does not preclude the State or federal government from prosecuting the individual for the intentional program violation in a civil or criminal court; and

(6) The name and telephone number of the person to contact for additional information.

D. Imposition of Disqualification Penalties.

(1) If the local department receives a signed waiver of the right to an administrative disqualification hearing before the hearing, the local department shall apply the disqualification penalty in accordance with Regulation .08 of this chapter.

(2) The signing of the waiver of the right to an administrative disqualification hearing terminates the administrative process to establish an intentional program violation. The disqualification penalty may not be changed by a subsequent OAH decision.

(3) The individual may request a hearing if the individual disagrees with the amount of the overissued benefits or the method of repayment.

Md. Code Regs. 07.03.10.05

Regulations .05B amended effective March 7, 1980 (7:5 Md. R. 472)
Regulations .05 amended effective April 26, 1982 (9:8 Md. R. 820)
Regulations .05 adopted effective April 22, 1985 (12:8 Md. R. 801)
Regulation .05 amended effective May 1, 1989 (16:8 Md. R. 908)
Regulation .05C amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669)
Regulation .05 amended effective October 8, 2007 (34:20 Md. R. 1735)
Regulation .05A, B amended effective August 6, 2001 (28:15 Md. R. 1396)
Regulation .05C amended effective 41:9 Md. R. 520, eff.5/12/2014