(a)
- (1) The hearing officer will prepare a decision based on the evidence presented.
(2) The format will consist of:
- (A) An introduction;
- (B) Findings of fact;
- (C) Conclusions of law; and
- (D) A decision.
- (b) The final decision must be made within ninety (90) days of the date of the advance notice scheduling the hearing unless the hearing has been rescheduled and the time frames have been extended in accordance with the provisions specified under the advance notice provisions.
(c) Absence of intentional program violation.
(1) If the decision is that an intentional program violation has not occurred, the accused individual will be so advised by the Office of Appeals and Hearings of the Department of Human Services in writing. (2) A copy of the decision will be sent to the:
- (A) County office;
- (B) Overpayment Unit of the Secretary’s Office of the Department of Human Services; and
- (C) Fraud Investigation Unit of the Office of Security and Compliance of the Department of Human Services, only if this unit prepared the case for an administrative disqualification hearing.
(d) Finding of an intentional program violation.
- (1) If is it determined that an intentional program violation occurred, the accused individual will be advised of this finding by the Office of Appeals and Hearings.
- (2) Two (2) copies of the decision will be sent to the county office, one (1) copy to the Overpayment Unit, and one (1) copy to the Fraud Investigation Unit, only if this unit prepared the case for the administrative disqualification hearing.
(3) Note.
- (A) The decision is being sent to the accused individual for information purposes only.
- (B) The decision should also be attached to the notice of imposition of disqualification sanction sent by the county office.