Action Upon Receipt of Signed Findings and Order or The Hearing is Waived 430-05-77-35

(Revised 10/01/17 ML 3518)

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Upon receipt of the hearing decision, review the decision signed by the Executive Director to determine if an Intentional Program Violation (IPV) was committed.

 

If an IPV was not committed the household remains responsible for any overissuance and the claim continues as an inadvertent household error regardless of eligibility for benefits.

 

If the individual waives their right to a fair hearing by choosing to sign the SFN1940 the state office will notify the county of the date the disqualification will be imposed and the length of the disqualification.

 

If an IPV was committed the worker must:

• Disqualify the individual: The disqualification period begins for all disqualified individuals, including those not participating, with the first month following the date the individual signs the SFN1940, waiving their right to an administrative hearing or receives the IPV findings and order. The county shall impose the required penalty whether the case is currently open or closed.
  
  Send the appropriate notice to the household, even if the case is currently closed. The notice must include the start and end date of the disqualification and must be in month, day, and year format. Adequate notice is required for open cases.
• F209 Fraud Action – Used when an application is denied as the only individual is disqualified for fraud
• F410 Intentional Program Violation – Used when a case is closed as the only individual is disqualified for fraud
• F737 Decrease in Benefits/Decrease Persons IPV – Used when an individual in an ongoing case is disqualified for fraud
• F848 IPV Notification/Closed Case – Used when an individual in a closed case is disqualified for fraud
  
  
• F849 SNAP – Intentional Program Violation – Used to notifiy the household when an individual has been disqualified. This notice must include the start and end date of the disqualification. The start and end date must be in month, day, and year format.

Once a disqualification penalty has been imposed it continues uninterrupted until completed. The household remains responsible for repayment of any overissuance that may have resulted from this violation, regardless of eligibility for benefits.

2. Change the error cause code for the claim to "FR" (SEOO, function 5) and set the participation code for the disqualified individual to "DF" if currently participating. Send Notice F818 – IPV – Overissuance to the household and set an alert for 10 days as the household has 10 days to return the signed Notice F818. After the 10 days has elapsed, change the recoupment percent from 10% to 20% (SEOO, function 5). For IPV claims, the amount of SNAP benefit reduction is the greater of 20% of the benefit or $20 per month.

After a disqualification hearing or the individual waives the right to an administrative 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.