Initiating Administrative Disqualification Hearing Process 400-19-135-30

(Revised 7/1/12 ML #3334)

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The Administrative Disqualification Hearing process should be initiated in instances when there is sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation. The following procedures are recommended:

1. The TANF Eligibility Worker shall complete the first portion of SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation, including:

1. The household member against whom evidence of a violation exists.

Note: In most instances this will be the household member who has completed the application, monthly report form, or any other appropriate materials used in the eligibility process which contained false information or omitted necessary facts.

2. What information was provided that is deemed incorrect, or

3. What facts existed that were not revealed;

4. How that information was submitted by the household;

5. When that information was offered by the household.

2. Completion of the "description of evidence' on page 2 should be brief and to the point:

1. What information/verifications have been secured that dispute the accuracy of the household's statements;

2. When and with whom discussions are conducted, the outcomes of which contradict the household's statements;

3. What documents were provided that should have included information not revealed, and when were they submitted.

Note: If more room is needed, use a second sheet.

 

Many disqualifications involve unreported wages, so a typical example will be:

Page 1: You submitted reports for (identify the month or months and year) on (identify the date received in the agency) which you certified that no household member had income from employment. We now have wage information which shows that (name of household member) was employed by (name of employer) and had income from that employment during those months.

 

Page 2: We now have verification that (name) was employed during the period (date) to (date) and received income in the amounts: ($).

3. The TANF Eligibility Worker must attempt to hold a meeting with the household member to discuss the suspected IPV within two (2) weeks of establishing the suspected IPV.

Note: The preferred method for arranging the meeting is to send the household member a notice through the automated computer system.

If the individual suspected of an Intentional Program Violation attends the meeting, the individual shall be given a copy of the DN 1087, Legal Service Organizations. This serves to meet the federal requirement that individuals being considered for Administrative Disqualification be notified of the availability of free legal assistance.  

• If during the meeting it is determined there was no Intentional Program Violation, SFN 1940, TANF/Notice of Suspected Intentional Program Violation is placed in the casefile with a notation that it was not forwarded for further action along with a summary of the explanation as provided by the individual. However, any overpayments must still be established and recovered.

• If, during the meeting, the absence of any satisfactory explanation by the individual leads the TANF Eligibility Worker to believe that the violation did occur, the SFN 1940, TANF/Notice of Suspected Intentional Program Violation will be given to the individual, along with an explanation and the consequences relating to the signing of Part A or B of the Waiver of Hearing.

The TANF Eligibility Worker must explain that signing Part A or B of the Waiver of Hearing will result in specific program disqualification:

• 12 months on the 1st violation,

• 24 months for a 2nd violation, and

• Permanently for a 3rd violation.

Continued eligibility for TANF requires that at least one member of the household retains TANF eligibility.

Only the individual(s) found to have committed the violation or who signed the waiver or the consent agreement in court cases, and not the entire household, shall be disqualified; the disqualified individual's income and assets will continue to be used in determining eligibility and benefit amount for the remaining eligible household members.

1. If during the meeting the individual suspected of an Intentional Program Violation signs the Waiver of Hearing:
2. Provide the individual a copy of SFN 1940, TANF/SNAP Notice of Intentional Program Violation, and

1. Mail the SFN 1940, TANF/SNAP Notice of Intentional Program Violation, detailing the violation to the Appeals Supervisor, North Dakota Department of Human Services, Judicial Wing, 600 East Boulevard Avenue, Bismarck, ND 58505-0250.

Note: If Part B is signed, a cover letter detailing why the individual signed Part B rather than Part A must also be sent to the Appeals Supervisor.

2. If during the meeting, the individual suspected of an Intentional Program Violation refuses to sign the Waiver of Hearing:
3. Explain that a hearing will be held, usually by telephone, though the individual may request that a hearing officer be present by so indicating on the SFN 1940 TANF/SNAP Notice of Intentional Program Violation.

2. Give the individual a copy of the SFN 1940 TANF/SNAP Notice of Intentional Program Violation.

2. Mail the original along with a letter detailing the violation, copies of relevant parts of the monthly report, statement of facts or the Application for Assistance (SFN 405), copies of any verification you obtained, etc., to the Appeals Supervisor, North Dakota Department of Human Services, Judicial Wing, 600 East Boulevard Avenue, Bismarck, ND 58505-0250.

Note: It will not usually be necessary to copy the entire monthly report, as long as it is identified.

3. If the individual suspected of an Intentional Program Violation fails to respond within two weeks to a request for a meeting or agrees to a meeting but fails (without satisfactory explanation within three days after the scheduled meeting) to appear for the meeting:

3. Forward the SFN 1940 TANF/SNAP Notice of Intentional Program Violation, along with a letter detailing the violation, to the Appeals Supervisor, North Dakota Department of Human Services, Judicial Wing, 600 East Boulevard Avenue, Bismarck, ND 58505-0250.

 

Prior to receipt of a disqualification decision, the household will continue to participate at the same benefit level as any other household while awaiting a disqualification decision. Recoupment of any overpayment continues to be collected at the rate of 10%. Full repayment of the overpayment does not stop the disqualification procedure from taking place.

4. If the notice is returned as undeliverable or with no forwarding address, the IPV shall not be forwarded to the Legal Advisory Unit for a hearing, as an IPV hearing cannot be scheduled by the Office of Administrative Hearings (OAH) if notice cannot be mailed and received (notice was returned as undeliverable or with no forwarding address) by the recipient.

• The IPV information shall be placed in the casefile until an address is known, at which time the TANF Eligibility Worker can begin the proceedings.