Section 1240-05-15-.02 - ADVANCE NOTICE OF HEARING(1) Written Notice. The Department shall provide written notice to the individual suspected of intentional program violation at least thirty (30) days in advance of the date a Disqualification Hearing initiated by the Department has been scheduled. The notice shall be mailed certified mail, return receipt requested, or be provided by any other method as long as proof of receipt is obtained, and it shall contain at a minimum:(a) The date, time, and place of the hearing;(b) The charge(s) against the individual;(c) A summary of the evidence, and how and where the evidence can be examined;(d) A warning that the decision will be based solely on information provided by the Department of Human Services if the individual fails to appear at the hearing without good cause;(e) A statement that the individual or representative may request a continuance of the hearing;(f) A statement that the individual or representative will have ten (10) days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;(g) A warning that a determination of intentional program violation will result in a six-month disqualification for the first violation, a twelve-month disqualification for the second violation, and permanent disqualification for the third violation and a statement of which penalty the Department believes is applicable to the case scheduled for a hearing;(h) A statement that the hearing does not preclude the State or Federal Government from prosecuting the household member for an intentional program violation in a civil or criminal court action nor from collecting the overpayment;(i) A listing of individuals or organizations that may provide free legal representation to the individuals alleged to have committed intentional program violations;(j) 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) may be used against him or her in a court of law; and(k) A statement that the individual may waive his or her right to appear at the administrative hearing.(2) Waiver of Disqualification Hearing. The agency will prepare a form entitled Waiver of Administrative Disqualification Hearing which shall be mailed with each Advance Notice of Hearing specified above which include at a minimum:(a) The date that the signed waiver must be received by the state agency and a signature block for the accused individual along with a statement that the caretaker relative must also sign the waiver if the accused individual is not a caretaker relative with an appropriate designated signature block;(b) A statement of the accused individual's rights to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against him or her in a court of law;(c) The fact that waiver of the individual's right to appear at a Disqualification Hearing may result in a disqualification penalty and a reduction in the assistance payment for the appropriate period even if the accused individual does not admit to the facts as presented by the state agency; and(d) An opportunity for the accused individual to specify whether or not he or she admits to the facts as presented by the state agency.Tenn. Comp. R. & Regs. 1240-05-15-.02
Original rule filed April 15, 1993; effective May 30, 1993. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed November 7, 2022; effective 2/5/2023.Authority: T.C.A. §§ 4-5-202, 71-1-105(a)(12), and 71-3-120; 42 U.S.C. § 616; and 45 C.F.R. § 235.110.