(a) The hearing officer normally makes a determination at the close of the hearing whether or not the household member committed an intentional program violation, as defined in this chapter. The decision of the hearing officer must comply with Texas Department of Human Services (DHS) policy and federal law and regulations, and must be based exclusively on the hearing record.
(b) The hearing officer may not find that the household member committed an intentional program violation unless there is clear and convincing evidence in the record to support a determination that the household member knowingly, willfully, and with deceitful intent committed an act described in §79.1901 of this title (relating to Introduction and Legal Basis). The decision by the hearing officer is DHS's final administrative action concerning a determination of intentional program violation for purposes of administrative disqualification.

Source Note: The provisions of this §357.535 adopted to be effective February 1, 1994, 18 TexReg 9857; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013