18 MAC Pt. 23, R. 5.3
Notice of a Programmatic Administrative Disqualification Action
Cite as 18 Miss. Admin. Code Pt. 23, R. 5.3
Notice of a Programmatic Administrative Disqualification Action.
The Division of Administrative Hearings shall provide written notice of a pending Programmatic
Administrative Disqualification Action to a Client at least thirty (30) calendar days prior to the
hearing. The notice shall contain:
A. The date, time, and manner of the hearing;
B. The allegation(s) against the Client;
C. A summary of the evidence, and how and where the evidence may be examined;
D. A statement informing the Client that they may waive their right to a hearing;
E. A description of the Client’s rights during the hearing, including a description of the order
of proof and an explanation that the burden of proof is carried by the Agency;
F. A warning, if the Client fails to appear, that a decision shall be based solely on information
provided by the Agency;
G. A description of the penalties if the Client committed an intentional program violation;
and,
H. A statement that the Programmatic Administrative Disqualification Action shall not
preclude any state or the Federal government from prosecuting the Client for the same
allegation(s) in a court of competent jurisdiction.