1. (a) Individuals accused of committing an intentional program violation may waive their right to an administrative disqualification hearing.

2. (b)

   1. (1) When a case is referred for an administrative disqualification hearing, the Office of Appeals and Hearings of the Department of Human Services must advise the individual that he or she may waive his or her right to an administrative disqualification hearing.
   2. (2) The opportunity to sign a waiver in lieu of a hearing is given to the accused individual prior to the date the advance notice of a hearing is sent.
   3. (3) If the individual does not sign a waiver by the date specified on the notice, a hearing is scheduled.
3. (c) If the waiver is signed by the accused individual, the appropriate disqualification sanction will be imposed even if there is no admission to the charges.

4. (d) The written waiver notification must contain the following information:

   1. (1) The date by which the signed waiver must be received by the Office of Appeals and Hearings;
   2. (2) A signature blank for the accused individual and the caretaker relative;
   3. (3) A statement that the accused individual has the right to remain silent concerning the charges and that anything said or written by the individual concerning the charges may be used in a court of law;
   4. (4) The fact that the signed waiver will result in disqualification for the appropriate period of time even if the accused individual does not admit to the charges;
   5. (5) An opportunity for the accused person to admit the charges or to waive the hearing without admitting to the charges; and
   6. (6) That the accused individual will be notified at least thirty (30) days in advance of the date the hearing is scheduled if he or she chooses not to waive the hearing.

5. (e)

   1. (1) The Office of Appeals and Hearings uses a form titled “Waiver of Right to an Administrative Disqualification Hearing” for this purpose.
   2. (2) A copy of the signed waiver is sent to the county office upon receipt by the Office of Appeals and Hearings so that the appropriate disqualification sanction may be imposed.
   3. (3) Refer to 20 CAR §§ 502-1603 and 502-1615.

6. (f) Waivers obtained by the Fraud Investigation Unit.

   1. (1) The Fraud Investigation Unit of the Department of Human Services may also obtain a waiver to an administrative disqualification hearing from the accused individual during the course of an investigation and prior to referral to the Office of Appeals and Hearings.
   2. (2) Form DHS-267, Waiver of Hearing and Disqualification, is used for this purpose.
   3. (3) Upon receipt of a signed DHS-267, the Fraud Investigation Unit will forward the form to the county office so that the appropriate disqualification sanction may be imposed.
   4. (4) Refer to 20 CAR §§ 502-1603 and 502-1615.

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