(b) The notice must include the following information:

1. (1) The date, time, and place of the hearing;
2. (2) The charges against the household member who is believed to have committed the intentional program violation (IPV);
3. (3) A summary of the evidence (administrative hearing file) and that it may be examined at the county office;
4. (4) A warning that if the accused individual fails to appear for the hearing without good cause, the decision will be based solely on the evidence provided by the county office at the hearing;

5. (5) A statement that the accused individual may request a postponement of the hearing provided that the request is:

   1. (A) Made to the Office of Appeals and Hearings at least ten (10) days prior to the date of the scheduled hearing; and
   2. (B) For good cause;
6. (6) If the accused individual fails to appear and later requests that the hearing be rescheduled, he or she must present good cause for failure to appear within ten (10) days of the date of the hearing;
7. (7) Establishment of good cause will be at the discretion of the Office of Appeals and Hearings;

8. (8) A warning that if the hearing decision determines that an intentional program violation has occurred, a disqualification period will be imposed according to the following schedule:

   1. (A) One (1) year for the first violation;
   2. (B) Two (2) years for the second violation; and
   3. (C) Permanently for the third violation;
9. (9) A statement that the state or federal government may still prosecute the household member in civil or criminal court action and collect the overissuances;

10. (10)

    1. (A) A statement that the accused individual may contact the county office for the name and telephone number, if available, of a person who can give free legal advice.
    2. (B) If free legal advice is not available, the county office will provide the number of the lawyer referral service of the local bar association; and
11. (11) A statement that the accused individual has the right to remain silent concerning the charges and that anything said or signed by the individual concerning the charges may be used in a court of law.

(c)

1. (1) A statement attached to the notice contains a space for the accused individual to name any persons he or she wishes to subpoena to present testimony on his or her behalf at the hearing.
2. (2) A waiver of the right to subpoena witnesses is also included.

(e)

1. (1) The advance notice is sent by certified mail, return mail, return receipt requested.
2. (2) When the Office of Appeals and Hearings has proof that the household member accused of committing the IPV has received the advance notice of the hearing or has refused such notice, then the notice requirements have been fulfilled and the hearing can proceed.
3. (3) When neither proof of receipt nor proof of refusal exists and the household member fails to appear, the Office of Appeals and Hearings has not met its regulatory obligation and cannot proceed with the hearing.

(f) Postponement of hearing.

1. (1) An accused individual may request a postponement of the scheduled hearing if the request is made at least ten (10) days in advance of the scheduled hearing and he or she shows good cause for the request.
2. (2) If the accused individual fails to appear but advises the Office of Appeals and Hearings not more than ten (10) days after the hearing date, he or she may be permitted to show good cause for the failure to appear.
3. (3) The Office of Appeals and Hearings determines whether or not good cause exists.
4. (4) If good cause is determined to exist, the hearing may be rescheduled within thirty (30) days.
5. (5) If the hearing is postponed, the time limits for processing will be extended for the number of days between initial scheduling and rescheduling not to exceed one hundred twenty (120) days.