GENERAL PROVISIONS

1. (a) The Office of Hearings and Appeals is responsible for conducting administrative disqualification hearings for individuals alleged to have committed an intentional program violation as defined under § § 255.2 and 501.1 (relating to definitions; and general provisions), which incorporates 7 CFR 273.16(c) (relating to disqualification for intentional program violation), when one of the following exists:

   1. (1) The Office of Inspector General did not refer the case to the criminal court system.
   2. (2) The Office of Inspector General referred the case to the criminal court system and the district attorney declined to prosecute.
   3. (3) The Office of Inspector General referred the case to the criminal court system and the court took no action within a reasonable period, resulting in case withdrawal by the Office of Inspector General.
2. (b) The Office of Inspector General may initiate administrative disqualification hearing procedures despite the current eligibility of the individual alleged to have committed an intentional program violation.
3. (c) The Office of Inspector General will not initiate an administrative disqualification hearing against an individual whose case is currently being referred for prosecution or after any action taken against the accused individual by the prosecutor or court of appropriate jurisdiction, if the factual issues of the case arise out of the same, or related, circumstances.
4. (d) An administrative disqualification hearing will not preclude future prosecution if the Office of Inspector General later determines that prosecution is advisable.