Section 1240-05-14-.05 - WAIVED HEARINGSAn individual is allowed to waive his/her right to an Administrative Disqualification Hearing, and the procedures shall conform to the requirements outlined in this section.
(1) Advance Notification. (a) The Department shall provide written notification to the household member suspected of intentional program violation that the member can waive his/her right to an Administrative Disqualification Hearing. Prior to providing this written notification, the Department shall ensure that the evidence against the household member is reviewed by someone other than the eligibility worker assigned to the accused individual's household, and that a decision is obtained that such evidence warrants scheduling a Disqualification Hearing.(b) The written notification provided to the household member which informs him/her of the possibility of waiving the Administrative Disqualification Hearing shall include, at a minimum: 1. The date that the signed waiver must be received by the Department to avoid the holding of a hearing and a signature block for the accused individual, along with a statement that the head of household must also sign the waiver if the accused individual is not head of the household with an appropriately designated signature block;2. A statement of the accused individual's right to remain silent concerning the charge(s), and that anything said or signed by the individual concerning the charge(s) can be used against him/her in a court of law;3. The fact that a waiver of the disqualification hearing will result in disqualification and a reduction in benefits for the period of disqualification even if the accused individual does not admit to the facts as presented by the Department;4. An opportunity for the accused to specify whether or not he/she admits to the facts as presented by the agency. This opportunity shall consist of the following statements and a method for the individual to designate his/her choice: (i) I admit to the facts as presented and understand that a disqualification penalty will be imposed if I sign this waiver; or(ii) I do not admit that the facts as presented are correct. However, I have chosen to sign this waiver and understand that a disqualification penalty will result;5. The telephone number and name of the person to contact for additional information; and6. The fact that the disqualified individual and/or the remaining household members, if any, will be held responsible for repayment of the resulting claim.(2) Disqualification Penalties. (a) One or more intentional program violations which occurred prior to April 1983 shall be considered as only one previous violation when determining the appropriate penalty to impose.(b) The disqualification shall apply under this section only to the individual who has signed a waiver to the Administrative Disqualification Hearing, or who signed a Disqualification Consent Agreement. It does not apply to the whole household.(c) Remaining Household Members. Once a household member is disqualified for an intentional program violation, the Department shall impose allotment reduction as the means of restitution.(d) Notification to Applicant Households. The Department shall inform the household in writing of the disqualification penalties for intentional program violation each time it applies for program benefits.(e) Imposition of Disqualification Penalties.1. The disqualification penalties outlined in paragraph (1) of 1240-05-14-.01 shall apply only to individuals for acts of intentional program violation which occurred either during a certification period based on an application form containing these penalties or after receipt of written notification from the Department of these penalties. If the act of intentional program violation which led to the disqualification occurred prior to written notification of these disqualification penalties, the household member shall be disqualified in accordance with the disqualification periods in effect at the time of the rendering of such determination. However, no disqualification penalty may be imposed which is contrary to court order.2. Appropriate disqualification penalties (as outlined in paragraph (1) of 1240-05-14-.01 ) shall be imposed (unless contrary to court order) on household members in the following instances: (i) The household member suspected of intentional program violation signs the waiver of right to an administrative disqualification hearing, and the signed waiver is received within the time-frame specified by the Department. The disqualification period shall begin with the first month which follows the date the household receives written notification of the disqualification as cited in Section 1240-05-14-.05.3. The same act of intentional program violation repeated over a period of time shall not be separated so that separate penalties can be imposed.4. No further administrative appeal procedure exists after an individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be reversed by a subsequent fair hearing decision. The household member, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.5. Once a disqualification penalty has been imposed against an individual, the period of disqualification shall continue uninterrupted until completed regardless of eligibility of the disqualified member's household. The disqualified member's household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation, regardless of its eligibility for benefits.(3) Notification of Disqualification. The Department shall provide written notice to the household member prior to disqualification. The Department shall also provide written notice to any remaining household members of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. The notice shall conform to the requirements for notification of a hearing decision specified in 1240-05-14-.04(9). A written demand letter for restitution shall also be provided.Tenn. Comp. R. & Regs. 1240-05-14-.05
Original rule filed July 29, 1980; effective October 29, 1980. Repeal and new rule filed May 25, 1983; effective June 24, 1983. Amendment filed June 13, 1997; effective August 27, 1997. Amendments filed November 7, 2022; effective 2/5/2023.Authority: T.C.A. §§ 4-5-202, 71-1-105, and 71-5-314; 7 U.S.C. § 2015(b); and 7 C.F.R. § 273.16.