Legal Advisory Unit's (LAU) Intentional Program Violation (IPV) Procedures 448-01-35-10

(Revised 3/1/12 ML #3304)

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When an SFN 1940 – TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation is submitted to the LAU:

 

1. The IPV is date stamped, and a file is opened. A file is opened for each program for which an IPV is being pursued.

 

2. The IPV is reviewed for accuracy and checked for prior violations. If an error is found, the county worker will receive either a phone call or letter.

 

3. If an individual has signed a waiver of hearing under part A or B, LAU will prepare a Findings & Order for signature by the Executive Director of the Department, as well as a letter to the county director. A copy of the original Findings & Order is mailed to the individual, the regional representative, the program administrator and the county director.

NOTE: No Order will be signed by the Executive Director of the Department after the 20th of the month

4. If an individual has not signed a waiver of hearing, a consolidated hearing will be held for all programs for which the IPV is being pursued. LAU will prepare a hearing packet to be sent to the Office of Administrative Hearings (OAH). A copy of all information will be sent to OAH, the eligibility worker and the applicant or recipient in violation. An Administrative Law Judge (ALJ) will be assigned and a hearing will be scheduled.

• If the applicant or recipient has legal representation, LAU will request representation from the Attorney General’s Office for the county.

 

• If the applicant or recipient does not have legal representation, the county will represent itself at the hearing.

5. When the hearing is complete, OAH will send a Recommended Findings & Order. LAU will send a copy to the program for review. If program agrees, the Order will be sent to the Executive Director of the Department. If program disagrees, LAU will re-write the Order and present both Orders (from the ALJ and LAU) to the Executive Director of the Department who will make a decision and sign the appropriate Order. A copy of the Order is mailed to the individual, the regional representative, the program administrator and the county director.

NOTE: No Order will be signed by the Executive Director of the Department of Human Services after the 20th of the month.