HAR §17-604.1-10. 604

1-9 civil or criminal prosecution through the appropriate court system; or (2) In cases previously referred for prosecution that were declined by the appropriate legal authority; and (3) In previously referred cases where no action was taken within a reasonable period of time and the referral was formally withdrawn by the branch. (b) The department may initiate an administrative disqualification procedure or refer a case for prosecution regardless of the current eligibility of the individual. (c) For those persons not currently certified to participate in the program at the time of the administrative disqualification or court decision, the disqualification period shall be effective from the month following the month the administrative disqualification or court decision is rendered. (d) The department shall not initiate an administrative disqualification hearing against an accused individual whose case is currently being referred for prosecution or subsequent to 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. (e) The department shall base administrative disqualification for intentional program violations on the determinations of hearing authorities arrived at through administrative disqualification hearings or on determinations reached by courts or appropriate jurisdiction. However, the department may allow accused individuals either to waive their rights to administrative disqualification hearings or to sign disqualification consent agreements for cases of deferred acceptance. The department may base administrative disqualifications for intentional program violation on the waiver of the right to an administrative disqualification hearing or on the signed disqualification consent agreement in cases of deferred adjudication.