1998 Minnesota Statutes

     256.046 Administrative fraud disqualification hearings. 

    Subdivision 1.    Hearing authority.  A local agency 
 shall initiate an administrative fraud disqualification hearing 
 for individuals accused of wrongfully obtaining assistance or 
 intentional program violations, in lieu of a criminal action 
 when it has not been pursued, in the aid to families with 
 dependent children, MFIP-S, child care, general assistance, 
 family general assistance, Minnesota supplemental aid, medical 
 care, or food stamp programs.  The hearing is subject to the 
 requirements of section 256.045 and the requirements in Code of 
 Federal Regulations, title 7, section 273.16, for the food stamp 
 program and title 45, section 235.112, as of September 30, 1995, 
 for the cash grant and medical care programs. 

    Subd. 2.    Combined hearing.  The referee may combine a 
 fair hearing and administrative fraud disqualification hearing 
 into a single hearing if the factual issues arise out of the 
 same, or related, circumstances and the individual receives 
 prior notice that the hearings will be combined.  If the 
 administrative fraud disqualification hearing and fair hearing 
 are combined, the time frames for administrative fraud 
 disqualification hearings specified in Code of Federal 
 Regulations, title 7, section 273.16, and title 45, section 
 235.112, as of September 30, 1995, apply.  If the individual 
 accused of wrongfully obtaining assistance is charged under 
 section 256.98 for the same act or acts which are the subject of 
 the hearing, the individual may request that the hearing be 
 delayed until the criminal charge is decided by the court or 
 withdrawn. 

    HIST: 1992 c 513 art 8 s 10; 1997 c 85 art 4 s 12; art 5 s 6; 
 1Sp1997 c 5 s 13