SECTION 357.542. Consolidation of Administrative Disqualification Hearings and Fair Hearings

(a) The hearing officer may combine a fair hearing and an administrative disqualification hearing to settle the amount of the claim at the same time as determining whether or not an intentional program violation has occurred. To do this, the following conditions must exist:

(1) the factual issues arise out of the same, or related, circumstances and the household receives advance notice that the hearings will be combined; and

(2) disqualification hearing procedures are adhered to.

(b) At the household's request, the hearing officer must allow the household to waive the 30-day advance notice period required when a disqualification hearing and fair hearing are combined. If the household does not receive advance notice that the hearings will be combined, but decides to waive the advance notice requirement, the hearing officer obtains the household member's signature on a waiver of notice. The hearing officer then proceeds with a fair hearing on the claim.

(c) When the disqualification hearings and fair hearings are combined and the household does not waive the advance notice requirements, the hearing officer follows the time frames for conducting disqualification hearings.

(d) When the hearings are combined to settle the amount of the claim while determining whether or not intentional program violation has occurred, the household loses its right to a subsequent fair hearing on the amount of the claim.

Source Note: The provisions of this §357.542 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