HAR §17-604.1-16. Disqualification hearing procedures

(a) Once the investigations office decides to initiate a disqualification hearing, the hearing office shall be notified. (b) At the disqualification hearing, the hearing official shall advise the household member or repre- sentative that they may refuse to answer questions during the hearing. (c) Within ninety days of the date the household member is notified in writing that the hearing has been scheduled, the hearing office shall conduct the hearing, arrive at a decision, and notify the household member and the branch of the decision. The household member or its representative shall be entitled to a postponement of the scheduled hearing, provided that the request for postponement is made at least ten days in advance of the date of the scheduled hearing. However, the hearing shall not be postponed for more than a total of thirty days and the number of post- ponements shall be limited to one. If the hearing is postponed, the time limits shall be extended for as many days as the hearing is postponed. (d) The department shall make written procedures for disqualification hearings available to any interested party. (e) The hearing officer shall schedule a hearing and shall provide a written notice to the household member suspected of intentional program violation at least thirty days in advance of the scheduled hearing. If mailed, the notice shall be sent either first class mail or certified mail-return receipt requested. The notice may also be provided by any other reliable method. If the notice is sent using first class mail and is returned as undeliverable, the hearing may still be held. If no proof of receipt is obtained and a timely showing of non-receipt, as defined in section 17-604.1-17(e), is received from the individual, the