Ariz. Admin. Code § 6-12-1202

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-1202 - IPV Disqualification Proceedings; Hearing Waiver

A. The Department shall initiate an administrative disqualification proceeding, or a referral for prosecution, upon receipt of sufficient documentary evidence substantiating that an assistance unit member has committed an IPV.

B. When the Department initiates a disqualification proceeding, the Department shall mail the assistance unit member suspected of an IPV written notice of the right to waive the disqualification hearing.

C. The waiver notice shall include the following information:

1. The charges against the suspected violator and a description of the evidence supporting the charges;

2. An explanation of the disqualification sanctions imposed for intentional program violations;

3. A warning that the administrative proceeding does not preclude other civil or criminal court action;

4. The date that the signed waiver notice must be received by the Department should the suspected violator wish to avoid the hearing;

5. Signature lines for the suspected violator and the suspected violator's current caretaker relative if the suspected violator is not the caretaker relative;

6. A statement that the caretaker relative must also sign the waiver if the suspected violator is not the caretaker relative;

7. A statement of the suspected violator's right to remain silent concerning the charge;

8. A warning that anything said, written, or signed by the suspected violator concerning the charge may be used against him or her in administrative proceedings or a court of law;

9. A warning that any waiver of the hearing establishes an IPV, eliminates the right to further administrative appeal, and will result in disqualification and a reduction in benefits for other assistance unit members for the period of disqualification;

10. Statements providing the suspected violator an opportunity to admit to the facts supporting disqualification or waive the hearing without admitting to the facts;

11. The name, address, and telephone number of a Department representative whom the suspected violator may contact for further information;

12. A list of persons or organizations which may provide the suspected violator with free legal advice regarding the IPV; and

13. A warning that the Department shall hold any remaining household members responsible for repayment of any overpayment arising from the IPV.

D. For the purpose of imposing sanctions as prescribed in R6-12-1204, a signed waiver notice shall have the same effect as an administrative adjudication that an IPV occurred.

Ariz. Admin. Code § R6-12-1202

Adopted effective November 9, 1995 (Supp. 95-4).