Evidence Evaluation 430-05-77-05
(Revised 10/01/15 ML3457)
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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/billing forms
- Narratives
- Documented phone calls
- IEVS verification
- Involvement of an interpreter
When there is evidence a possible IPV has been committed, the county must review the case and all evidence with the supervisor, director, or a regional representative.
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.