Current through December 10, 2024
Rule 18-23-5.4 - Notice of a Programmatic Administrative Disqualification ActionThe Division of Administrative Hearings shall provide written notice of a pending Programmatic Administrative Disqualification Action to a Client at least thirty (30) calendar days prior to the hearing. The notice shall contain:
1. The date, time, and manner of the hearing;2. The allegation(s) against the Client;3. A summary of the evidence, and how and where the evidence may be examined;4. A statement informing the Client that they may waive their right to a hearing;5. A description of the Client's rights during the hearing, including a description of the order of proof and an explanation that the burden of proof is carried by the Agency;6. A warning, if the Client fails to appear, that a decision shall be based solely on information provided by the Agency;7. A description of the penalties if the Client committed an intentional program violation; and,8. A statement that the Programmatic Administrative Disqualification Action shall not preclude any state or the Federal government from prosecuting the Client for the same allegation(s) in a court of competent jurisdiction.