Types of Intentional Program Violations (IPV) 400-28-160-15

(Revised 10/1/11 ML #3278)

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NDAC 75-02-01.3-12

 

An IPV disqualification can be established in the following two ways:

1. Administrative Disqualification Hearing (ADH) is pursued when an individual is suspected of intentionally withholding information that results in improperly establishing or maintaining eligibility for Child Care Assistance Program (CCAP) benefits. ADH procedures should be initiated in instances when there is sufficient documentary evidence to substantiate that an individual has committed one or more acts of IPV.

• Waiver of Hearing - An individual has the right to waive an Administrative Disqualification Hearing. The eligibility worker must possess sufficient evidence to warrant holding a disqualification hearing before allowing an individual to waive the hearing.

• Waiver A - Allows an individual to admit to the facts and accept the disqualification period.
• Waiver B – Allows an individual to accept the disqualification without admitting to the facts.

In order to waive their Administrative Disqualification Hearing, the individual must sign either part A or B of the waiver located on the SFN 1940 TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation.

 

A signed waiver is a statement that the household has been informed a disqualification penalty will result.

 

2. Court Conviction – Fraud is a result of an individual being convicted in federal or state court of having made a fraudulent statement or representation which results in improperly establishing or maintaining eligibility for Child Care Assistance Program benefits.

Upon receipt of the judgment:

• If the judgment includes a CCAP disqualification period, impose the disqualification following the CCAP disqualification time frames. (See Section 400-28-160-35, Disqualification Time Frames)
• If the judgment does not include a disqualification period, the eligibility worker must forward the following information to the Appeals Supervisor to process the findings under the IPV provisions:

• Criminal Complaint
• Judgment or Order and
• A cover letter detailing the violation and providing the name, address, and Social Security Number. Inclusion of any prior disqualifications should also be noted

Regardless of the type of IPV, the appropriate notice must be sent to the household notifying the household that an individual is disqualified and/or assistance will be reduced or ended. The conviction and disqualification information and copies of supporting documents (including conviction information) must be recorded in the case file. If a disqualified person moves from one county to another, include disqualification information in the case transfer information.

 

After a disqualification hearing, there are no further appeal procedures available through the Administrative Hearing Process. The determination of IPV cannot be reversed by a subsequent hearing. The individual, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay or other action which would delay the imposition of the disqualification.