Scheduled Intentional Program Violation Meeting 430-05-77-15

(Revised 10/01/15 ML3457)

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IM 5309

 

After completing the SFN 1940, TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation, the county must schedule a meeting with the individual to discuss the suspected Intentional Program Violation (IPV) within two weeks using a system generated correspondence notice.

 

If the correspondence notice is returned as undeliverable or with no forwarding address, the IPV information must be placed in the casefile until an address is known. The suspected IPV cannot be pursued until the individual is made aware of the suspected violation.

 

If the worker had conversation with the individual regarding the suspected IPV, even if the correspondence notice is returned as undeliverable, the IPV can continue to be pursued. The worker must document the conversation that was held with the individual.

 

If the individual fails to attend the scheduled meeting without satisfactory explanation within three days after the meeting, the county must mail the original SFN 1940 along with a letter detailing the violation and copies of all evidence of the suspected IPV to:

Appeals Supervisor

North Dakota Department of Human

Services, Judicial Wing

600 East Boulevard Avenue Dept. 325

Bismarck, ND 58505-0250

 

If the individual attends the scheduled meeting the county must:

1. Provide the individual with a copy of the SFN 1940;
2. Provide the individual with a DN 1087 - Legal Service Organizations;
3. Discuss the suspected IPV

If it is determined that no violation has occurred, SFN 1940 must be placed in the file with a notation that it was not forwarded for further action and a summary of the explanation given by the individual.

 

If the county believes the violation did occur and the individual does not have a satisfactory explanation the county must explain the following options to the individual:

 

• Sign Waiver A – Which allows an individual to admit to the facts and accept the disqualification period;
• Sign Waiver B – Which allows an individual to accept the disqualification without admitting to the facts;
• Request an administrative disqualification hearing.

 

The county must explain signing Part A or B of the Waiver of Hearing will result in specific program disqualification time periods and penalties.

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

 

If the individual suspected of an IPV:

1. Chooses to sign the Waiver of Hearing:

• Provide the individual a signed copy of SFN 1940
• Mail the SFN 1940, detailing the violation to:

Appeals Supervisor

North Dakota Department of Human Services, Judicial Wing

600 East Boulevard Avenue Dept. 325

Bismarck, ND 58505-0250

• 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. Chooses not to sign the Waiver of Hearing:

• Give the individual a copy of the SFN 1940
• Explain that a hearing will be held by telephone unless the individual requests an administrative law judge will be present
• Mail the original SFN 1940 along with a letter detailing the violation and copies of all evidence of the potential IPV to:

Appeals Supervisor

North Dakota Department of Human Services, Judicial Wing

600 East Boulevard Avenue Dept. 325

Bismarck, ND 58505-0250