1145.010.00 DISQUALIFICATION PROCESS

1145.010.25.10 Conducting the ADH

IM-#140 November 30, 2005

Within 90 days of the date the EU member is notified in writing that an administrative disqualification hearing has been scheduled, the Hearing Unit conducts the hearing and notifies the EU and the county office of the decision.

An individual(s) suspected of an IPV is afforded the same rights during the administrative disqualification hearing as EUs requesting fair hearings.

At the administrative disqualification hearing, the hearing official advises the EU member or representative that s/he may refuse to answer questions during the hearing.

A fair hearing and an administrative disqualification hearing may be combined into a single hearing if the factual issues arise out of the same, or related, circumstances. The EU receives prior notice the hearings will be combined. Timeliness standards for conducting administrative disqualification hearings are followed.

If the EU member or his/her representative cannot be located or fails to appear at the administrative disqualification hearing without good cause, the hearing official conducts the hearing. The Agency presents the evidence and states the case as normal. The hearing official carefully considers the evidence, determines if an IPV was committed based on clear and convincing evidence, and renders a decision.