PM 23-06-01-c: The Hearing

WAG 23-06-01-c

revised manual textThe Hearing

  • The Administrative Disqualification Hearing (ADH) is conducted by an Administrative Law Judge (ALJ). The Administration Law Judge reviews all the evidence presented and makes a decision. The preponderance of evidence has to be clear and convincing for a decision of IPV to be made.
  • A customer is informed of the Hearing and if they do not show for the Hearing, it will continue without them being presence. 
  • When an administrative disqualification hearing involves a determination of whether or not a signature is genuine, the Bureau of Hearings (BAH) coordinates scheduling so that the Forensic Document Examiner (FDE) can testify by telephone at the hearing.
  • Prior to the Hearing, the SNAP Fraud Unit (SFU) receives copies of the Forensic Document Examiner's statement of qualifications, signatures used in the determination, and conclusions in the case, to present at the Hearing. The Forensic Document Examiner keeps the originals and testifies from them during the Hearing. A decision is made even when the customer or someone acting for the customer is not at the Hearing. The Hearing officer makes the decision using the evidence that is available.
  • If the hearing officer decides that an IPV happened, the Bureau of Hearings sends the customer a copy of the Hearing Decision and SNAP Fraud Unit sends the customer Notice of Disqualification for Intentional SNAP Violation.
  • revised manual textThe SNAP household member has 30 calendar days after the date of the written notice of the Hearing decision to request a new hearing based on a showing of non-receipt of the scheduling notice. In all other instances, the household member has 10 calendar days after the date of the scheduled hearing to present reasons showing good cause for failure to appear.