Section 75-01-03-08.3 - Notice of intentional program violation hearing1. A written notice of an intentional program violation hearing must contain: a. The date, time, and place of the hearing;b. The charge against the individual or household member;c. A summary of the evidence, and how and where the evidence can be examined;d. A warning that the decision will be based solely on evidence provided by the department or county agency if the individual or household member fails to appear at the hearing;e. A statement that the individual or household member may request a postponement of the hearing, provided that the request for postponement is made at least ten days in advance of the scheduled hearing;f. A statement that the individual, household member, or authorized representative will have ten days from the date of the scheduled hearing to represent good cause for failure to appear in order to receive a new hearing;g. A description of the penalties that can result from a determination that the individual or household member has committed an intentional program violation and a statement of which penalty the department or county agency believes applicable to the case;h. A listing of the rights of the individual or household member, as set forth in section 75-01-03-03.1;i. A statement that the hearing does not preclude the state or federal government from prosecuting the individual or household member for an intentional program violation in any civil or criminal action, or from collecting overissuances or overpayments;j. A listing of individuals or organizations that provide free legal representation to individuals or household members alleged to have committed intentional program violations and that have authorized the department to include their name, address, and telephone number on such list;k. An explanation that the individual or household member may waive the individual's or household member's right to appear at an intentional program violation hearing;l. A statement of the accused individual or household member's right to remain silent concerning the charge, and that anything said or signed by the individual concerning the charge may be used against the individual in a court of law; andm. A statement that the individual or household member may waive the right to appear at an intentional program violation hearing that includes: (1) The date the signed waiver must be received by the department or county agency to avoid the holding of a hearing;(2) A signature block for the accused individual, along with a statement that the head of or caretaker relative must also sign the waiver if the accused individual is not the head of household or caretaker relative, with an appropriately designated signature block;(3) The fact that a waiver of the right to appear at the intentional program violation hearing will result in a disqualification penalty and a reduction in benefits or assistance payment for the appropriate period, even if the accused individual does not admit to the facts presented by the department or county agency;(4) An opportunity for the accused individual to specify whether the individual admits to the facts as presented by the department or county agency; and(5) In supplemental nutrition assistance program matters, a telephone number to contact for additional information and a statement that remaining household members, if any, will be held responsible for repayment of the resulting claim.2. All notices alleging an intentional program violation concerning the supplemental nutrition assistance program must either:a. Have attached a copy of the department's published hearing procedures; orb. Inform the household of its right, upon request, to obtain a copy of the department's published hearing procedures.N.D. Admin Code 75-01-03-08.3
Effective February 1, 1995.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1