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Change No. 13-02
April 1, 2002
An administrative disqualification hearing or referral for prosecution will be initiated by the county department of social services for cases in which the county department has sufficient documentary evidence to substantiate that an individual has committed one or more acts of Intentional Program Violation (IPV). An INTENTIONAL PROGRAM VIOLATION is defined as: Any action by a Work First unit member to knowingly, willfully, and with deceitful intent, make a verbal or written false statement to obtain or attempt to obtain benefits for which they are not eligible, or hide or withhold information to obtain benefits for which they are not eligible.
A. The county will conduct administrative disqualification hearings in cases in which the county department believes the facts of the individual case do not warrant criminal prosecution; or cases previously referred for prosecution but for which the prosecution was declined by the appropriate legal authority; and in previously referred cases where no action was taken within a reasonable period of time, and the referral was formally withdrawn by the county.
B. Administrative disqualification hearings will be conducted on cases where the act of fraud was committed on or after December 1, 1998. Do not complete the administrative disqualification hearing process for acts of fraud made prior to December 1, 1998.
C. The county department will initiate an administrative disqualification hearing or refer a case for prosecution regardless of the current eligibility of the individual.
D. A State level hearing is held only when a county level hearing finds a violation was committed and the decision is appealed to the State level.
E. The administrative disqualification hearing may be waived.
F. More than one violation may be the subject of a single hearing, but only one disqualification penalty may be assigned. Enhanced penalties must be based on a prior hearing or court action.
G. A Work First and Food Stamp administrative disqualification hearing may be held at the same time.
If the county does not initiate administrative disqualification procedures or refer for prosecution a case involving an overissuance caused by a suspected act of IPV, the county shall take action to collect the overissuance as a recipient responsible overpayment.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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