Okla. Admin. Code § 340:2-5-78

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-5-78 - Administrative disqualification hearings

(a)Administrative disqualification hearings. An administrative disqualification hearing is initiated by the Oklahoma Department of Human Services (DHS) when the facts of the individual Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) case indicate an intentional program violation may have occurred.

(b)Definition of intentional program violation.

(1) SNAP. An intentional program violation consists of a client intentionally:

(A) making a false or misleading statement;

(B) misrepresenting, concealing, or withholding facts; or

(C) committing any act that constitutes a violation of the Food Stamp Act; SNAP regulations; or Oklahoma laws or regulations relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp coupons, authorization to participate (ATP) document, or electronic benefit transfer (EBT) cards.

(2) TANF. An intentional program violation occurs when an individual, for the purpose of establishing or maintaining the household's eligibility for TANF or for increasing or preventing a reduction in the amount of the grant, intentionally:

(A) makes a false or misleading statement or misrepresentation, concealment, or withholding of facts;

(B) performs any act intended to mislead, misrepresent, or conceal;

(C) withholds facts; or

(D) offers or proposes a falsity.

(c)Consolidation of administrative disqualification hearing with administrative hearing. DHS may combine an administrative hearing and an administrative disqualification hearing into a single hearing when the factual issues arise out of the same, or related circumstances and the household receives prior notice the hearings will be combined. If the disqualification hearing and administrative hearing are combined:

(1) DHS follows the time frame for conducting disqualification hearings; and

(2) the household loses its right to an additional administrative hearing on the existence or amount of the overpayment when the combined hearing addressed the overpayment amount.

(d)Advance notice of hearing. DHS sends a written notice to the household member suspected of an intentional program violation by first class mail at least 30 days in advance of the scheduled date of a disqualification hearing. The household may waive the 30-day advance notice if an administrative hearing and disqualification hearing are combined.

(e)Failure to appear at the hearing.

(1) If the household member suspected of an intentional program violation or its representative cannot be located or fails to appear at the DHS initiated hearing without good cause, the hearing is conducted without the household member present.

(2) Even though the household member suspected of an intentional program violation is not present, the administrative hearing officer (AHO) is required to carefully consider the evidence and determine if an intentional program violation was committed. In the event of an adverse decision against the client, the client may demonstrate to the AHO good cause for failure to appear. If good cause is shown, the adverse decision is rescinded and another hearing scheduled.

(f)Waiver of hearing. DHS provides the accused household member(s) the option of signing a waiver for an administrative disqualification hearing.

(g)Postponement of hearing.

(1) The household member or representative is entitled to a postponement of a scheduled SNAP hearing, provided the request for the postponement is made at least 10 days in advance of the scheduled hearing.

(2) The local office notifies the Appeals Unit, if a postponement is requested.

(h)Right to refuse to answer questions. At an administrative disqualification hearing, the AHO advises the household member(s) or representative they have the right to remain silent and that anything said, or signed, may be used against them in a court of law.

(i)Criteria for determining intentional program violation. The AHO bases the determination of intentional program violation on clear and convincing evidence that demonstrates the household member(s) committed an intentional program violation, as defined in this Section.

(j)Time limit for decision. Within 90 days of the date on the notice of hearing the household member is notified in writing of the decision. However, if the hearing has been postponed at the request of the household member suspected of an intentional program violation, the time limit is extended for as many days as the hearing was postponed.

(k)Further appeal.

(1) No further administrative appeal procedure exists after an individual waives his or her right to an administrative disqualification hearing or is determined by an AHO to have committed an intentional program violation .

(2) The disqualification penalty cannot be changed by a subsequent administrative hearing decision.

Okla. Admin. Code § 340:2-5-78

Added at 19 Ok Reg 2199, eff 6-27-02

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014