Programmatic Administrative Disqualification Action Decision

Programmatic Administrative Disqualification Action Decision. The Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations, and/or State and Federal law. The Agency must present relevant evidence and policy, regulations, and/or laws clearly and convincingly demonstrating that a Client committed an intentional program violation. If the Agency has failed to do so, the Hearing Officer’s decision shall explain how the Agency failed to meet its burden of proof. An Administrative Disqualification Action shall be administered, and a decision released, within ninety (90) calendar days from the date the Client receives notice of the Programmatic Administrative Disqualification Action, unless the time frame for a decision has been extended pursuant to Rule 4.7 Continuing, Expediting, or Reconvening a Hearing. The decision must include a description of any penalties to be imposed and the recoupment amount, if applicable. The Hearing Officer’s decision shall constitute the final Agency action concerning the Programmatic Administrative Disqualification Action.