Advance Notice of an Administrative Disqualification Hearing (ADH)

The Department shall provide a written notice at least 30 days before the ADH as provided in 106 CMR 706.325. The notice shall contain: (A) The date, time and place of the hearing; (B) The charge(s) against the individual; (C) A summary of the evidence, and how and where it can be examined; (D) A warning that failure to appear without good cause, in accordance with 106 CMR 343.320(D), will result in a decision by the hearing officer based solely on the information provided by the Department at the hearing; (E) A statement that good cause for failure to appear at the originally scheduled hearing must be presented to the Division of Hearings within ten calendar days of the originally scheduled hearing in order to receive a new hearing; (F) A statement that a postponement of the hearing may be requested if the request is made to the Division of Hearings at least ten calendar days in advance of the ADH. However, the hearing shall not be postponed for more than 30 calendar days and only one postponement shall be permitted; (G) A description of the Intentional Program Violation (IPV) penalties provided in 106 CMR 706.305. (H) A statement that the hearing does not preclude the Commonwealth from prosecuting the individual in a civil or criminal court action or from collecting an overpayment; (I) A listing of individuals or organizations that may provide free legal representation; (J) A statement that the individual may waive his or her right to an ADH; and (K) A statement that the individual has the right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against him or her in a court of law.