Ill. Admin. Code tit. 89, § 104.410 - Advance Notice of Administrative Disqualification Hearing
The Department shall provide written notice to a household member suspected of intentional violation of the Food Stamp program at least 30 calendar days in advance of the date an administrative disqualification hearing has been scheduled. The notice shall contain:
a) The date, time and place of
hearing.
b) The charge(s) against
the household member.
c) A summary
of the evidence and how and where it can be examined.
d) A warning that the decision will be based
solely on information provided by the Food Stamp office if the household member
fails to appear.
e) A statement
that the household member or representative will have 10 calendar days from the
date of the hearing to present good cause for failure to appear in order to
receive a new hearing. (See 89 Ill. Adm. Code
104.60(e)
for definition of good cause).
f) A
warning that a determination of intentional violation of the program will
result in a 6 month disqualification for the first violation, 12 month
disqualification for the second violation, and a permanent disqualification for
the third violation, and a statement of which penalty the Department believes
is applicable to the case scheduled for hearing.
g) A listing of the household member's
rights. (See rights set forth in 89 Ill. Adm. Code
104.22
).
h) A statement that the hearing
does not preclude a prosecution for civil or criminal fraud.
i) A statement that the individual can call
the Food Stamp office to get the name and phone number of someone who can give
free legal advice.
j) The household
member is also sent a waiver of right to an Administrative Disqualification
Hearing pursuant to
7 C.F.R.
273.16(f). If the household
member wishes to waive the right to a hearing, he/she must sign the waiver and
return it to the Department within 20 calendar days of the date of
notification.
Notes
Amended at 8 Ill. Reg. 5274, effective April 9, 1984
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