1. (a)

   1. (1) The Office of Appeals and Hearings of the Department of Human Services conducts TEA Administrative Disqualification Hearings and determines if intentional program violations (IPVs) have occurred.
   2. (2) Administrative disqualification hearings will be conducted by a hearing official who has no involvement in the case.

2. (b) Criteria for conducting an administrative disqualification hearing.

   1. (1) Administrative disqualification hearings are conducted when documentary evidence is available to substantiate one (1) or more allegations that an individual has committed an IPV and, as a result of the alleged IPV, has erroneously obtained transitional employment assistance (TEA) payments.

   2. (2)

      1. (A) A case will not be referred for a TEA Administrative Disqualification Hearing if the total TEA overpayment resulting from the alleged IPV is less than four hundred dollars ($400) unless the case is also being referred for a Food Stamp Administrative Disqualification Hearing.
      2. (B) If the case is referred for a Food Stamp Administrative Disqualification Hearing and there is also a TEA overpayment, then it will be referred for a TEA Administrative Disqualification Hearing as well, regardless of the amount of the TEA overpayment.

3. (c) Consolidation of hearings.

   1. (1) TEA Administrative Disqualification Hearings may be combined with other hearings, including Food Stamp Administrative Disqualification Hearings, if the:

      1. (A) Factual issues arise out of the same or related circumstances; and
      2. (B) Individual receives prior notice that the hearings will be combined.
   2. (2) If hearings are combined, the time frames for conducting administrative disqualification hearings will be followed unless the household waives the thirty-day notice requirement for an administrative disqualification hearing.

4. (d) Participation in the Transitional Employment Assistance Program during the hearing process.

   1. (1) The county office may not disqualify an individual until the Office of Appeals and Hearings finds that the individual committed an IPV.
   2. (2) However, this does not preclude the county office from taking adverse action for other reasons. Example: If a change in circumstances has occurred that will adversely affect a TEA grant and such change was not reported timely, benefits will be reduced based on the change even though a determination has not been made as to whether the failure to report resulted from an IPV.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “07/01/97”