Initiating an Intentional Program Violation 430-05-77-10

(Revised 10/01/15 ML3457)

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IM 5320

 

 

In instances when there is sufficient evidence to substantiate that an individual has committed one or more acts of intentional program violation (IPV), the county must complete the SFN 1940, TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation.

 

The SFN 1940 is intended to:

1. Notify an individual in writing when that individual is suspected of having committed an IPV;
2. Inform the individual of their hearing rights and hearing procedures;
3. Allow the individual the right to waive the hearing;
4. Allow an individual to request a hearing officer be present at the hearing rather than a telephone hearing.

When Completing the Form:

1. List the name and current address of the individual suspected of IPV.

There may be occasions when more than one individual gave a false report or were interviewed together and in those cases, prepare a separate SFN 1940 for each individual.

2. Describe the violation of program rules including:

• Information provided that is deemed incorrect;
• Facts that were not revealed;
• How and when information and verifications were submitted by the individual.

3. The evidence disputing the accuracy of the individual's statements, when and where it came from;
4. When and with whom discussions were conducted, the outcomes of which contradict the individual's statements;
5. What documents were provided that should have included information not revealed, and when were they submitted;
6. Document how the individual was aware of the reporting requirement;
7. The form must be signed by the county (an electronic signature is acceptable).

The individual will continue to participate as a household member while awaiting a disqualification decision. Recoupment of any overpayment continues to be collected at the rate of 10% of the household’s monthly allotment or $10 per month whichever greater. Full repayment of the overpayment does not stop the disqualification procedure from taking place.

 

An IPV can be pursued if a client is permanently disqualified. Pursuing the IPV will allow for recoupment of a claim at 20% rather than 10% if recoupment is possible.