Administrative Law Judge (ALJ) Recommended Intentional Program Violation (IPV) Hearing Decision 448-01-35-35

(Revised 3/1/12 ML #3304)

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Within 90 days of the date the applicant or recipient is notified in writing that the hearing has been scheduled:

 

• The hearing will be conducted;

 

• A decision will be made; and

 

• The applicant or recipient will be notified of the decision.

 

The ALJ's decision is based on the evidence offered and admitted, as well as on applicable law. The ALJ’s recommended decision must specify the reasons for the decision, identify the supporting evidence, identify the pertinent regulations, and respond to reasoned arguments made by the applicant, recipient or representative.

 

The ALJ issues a recommended decision (findings of fact, conclusions of law and order) to the parties and the Executive Director of the Department. A copy of the Order is sent by regular mail with an affidavit of mailing to the individual with return service requested. A copy of the Order is sent to the regional representative, the program administrator and the county director.

NOTE: There is no further administrative appeal after the intentional program violation hearing. A subsequent fair hearing procedure cannot reverse a determination of an intentional program violation arising from an intentional program violation hearing.