Evidence Evaluation 400-28-162-10

(Revised 10/1/20 ML #3574)

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NDAC 75-02-01.3-12

 

 

The county has the burden to establish an Intentional Program Violation (IPV) by clear and convincing evidence. Clear and convincing evidence means evidence that leads to a firm belief that the allegations are true.

 

Examples:

• Application, review, and monthly report forms. An individual’s signature on these forms is attesting to providing full information and to understanding the reporting requirements.
• Statements made during application or review interviews
• Notice of benefits
• A past IPV for failure to report
• Reporting/billings forms
• Narratives
• Documented phone calls
• IEVS verification
• Involvement of an interpreter

When there is evidence a possible IPV has been committed, it is suggested the county review the case and all evidence with the supervisor or director.

 

This review will result in a decision to:

• Proceed with the IPV process, or
• Proceed with a client error.

When reviewing the evidence for a possible IPV, the individual must be allowed an opportunity to respond to any unresolved questions.