(a) If the investigator has documented evidence to substantiate that an individual in a food stamp or TANF household has committed an intentional program violation, an administrative disqualification hearing may be held.
(b) The Texas Department of Human Services (DHS) may refer to the hearing officer only three types of cases that have first been referred to the prosecutor:
  (1) cases that were forwarded to the prosecutor but that he declined to prosecute; or
  (2) cases that were forwarded to the prosecutor in which no action was taken within a reasonable amount of time and the cases were formally withdrawn by DHS; or
  (3) cases dismissed by the prosecutor after charges were filed that do not reflect a lack of evidence to prosecute.
(c) DHS may not refer the following cases to the hearing officer:
  (1) cases that were no-billed by a grand jury;
  (2) cases that were brought to trial and later dismissed for any reason; and
  (3) cases dismissed before trial in which the prosecutor has in some manner expressed the opinion that there was insufficient evidence to prosecute.
(d) DHS gives individuals who are alleged to have committed an intentional program violation an opportunity to waive their right to an administrative disqualification hearing. By waiving this right, individuals acknowledge that they understand their rights and responsibilities, that disqualification will occur, and that they understand the disqualification period that applies to their case; and they agree to repay the overissuance without having a hearing.

Source Note: The provisions of this §357.565 adopted to be effective June 15, 1987, 12 TexReg 1394; amended to be effective March 1, 1992, 17 TexReg 694; amended to be effective July 1, 1992, 17 TexReg 3477; amended to be effective September 14, 1998, 23 TexReg 9410; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013