State Office Role and Responsibility 430-05-75-15-50

(Revised 01/01/04 ML2893)

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The State Office has the responsibility to provide guidance to counties by responding to questions and clarifying policies.

 

The Appeals Supervisor reviews the SFN 1940 – TANF/Food Stamp Notice of Suspected Intentional Program Violation – and the letter detailing the violation.

 

If the Appeals Supervisor does not approve the waiver, the Appeals Supervisor will return the waiver to the county with a letter detailing the reason(s) the waiver was not approved. The county then has the option of:

• Providing the Appeals Supervisor with information regarding the missing element(s).

• Dismissing the waiver.

• Referring the case for prosecution.

The Appeals Supervisor will approve the waiver if the county shows that a Program rule has been violated and the county has sufficient evidence to support the allegation contained in the IPV or to have warranted the scheduling of a hearing.

 

Signed Waiver

The Appeals Supervisor will prepare the Findings and Order for review and signature by the Executive Director. The Order will notify the individual of the disqualification and the effective date.

 

Unsigned Waiver

If the waiver was not signed by the individual, the Appeals Supervisor reviews the case and refers the case to the Office of Administrative Hearings.

 

A hearing is scheduled either by phone or in person with an Administrative Law Judge. The individual must be provided a 30-day advance notice of the scheduled hearing. The hearing must be conducted, a decision rendered, and the county notified within 90 days from the notice of hearing.

 

The individual is entitled to a postponement of up to 30 days. If the hearing is postponed, the above time limits will be extended for as many days as the hearing is postponed.

 

If the individual or their representative fails to appear for the scheduled hearing, without good cause, the hearing will still be conducted as scheduled. Good cause is decided by the Appeals Supervisor.

 

Following the hearing, the Administrative Law Judge issues Recommended Findings and Order for review and action by the Executive Director. If the Order signed by the Executive Director finds the individual committed a violation, the Order will be mailed to the individual and the county stating the disqualification and the effective date.

 

No further administrative appeal procedure exists after an individual waives the right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be changed by a subsequent fair hearing decision. The individual is entitled to seek relief in a court of appropriate jurisdiction.

 

Upon notification of the disqualification, the State Office enters appropriate information in the Disqualified Recipient Subsystem (EDRS).