1. (1)(a) Except in cases of a SNAP IPV as stated in Section R986-100-136, if a person assessed an overpayment or other sanction fails to participate in the administrative process, the Department shall issue a default order confirming the overpayment and any other sanction and shall move to collect any overpayment by any legal means.

   1. (b) Participation means:

      1. (i) signing and returning to the Department an approved stipulation for repayment and making each payment as agreed;
      2. (ii) requesting and participating in a hearing; or
      3. (iii) paying the overpayment in full.

2. (2)(a) If a hearing has been scheduled at the request of an interested person and the interested person fails to appear at or participate in the hearing, either personally or through a representative, the ALJ will, unless a continuance or rescheduling has been requested, issue a default order dismissing the request.

   1. (b) A default order has the effect of upholding the initial Department decision.
3. (3) A default order will be based on the record and best evidence available at the time of the order.

KEY: employment support procedures, hearing procedures, public assistance, SNAP

Date of Last Change: December 29, 2022

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.