Office of Administrative Hearing (OAH) Intentional Program Violation (IPV) Hearing Procedures 448-01-35-30

(Revised 3/1/12 ML #3304)

View Archives

 

 

An administrative hearing is similar to a trial in court. All witness testimony is under oath. Hearings are formal but conducted as informally as possible and will be conducted in-person or by telephone.

 

An Administrative Law Judge (ALJ) presides at the administrative hearing. The ALJ is an OAH employee, not a Department of Human Services employee. The ALJ conducts the hearing, decides which evidence to admit and has the duty to ensure the hearing meets due process requirements.

 

The County (Department) has the burden of proof; it must show by clear and convincing evidence that there was a program violation and that it was intentional. The County must make this presentation of evidence whether or not the applicant or recipient attends the hearing.

 

Facts must be established and evidence presented at the hearing. Generally, documentary evidence is submitted prior to the hearing, but must still be offered for admission at the hearing. Evidence may be testimony or documents and must be relevant to the hearing issues. The parties may ask questions of witnesses and offer evidence to be admitted. The ALJ may ask questions of witnesses and admit evidence.

 

If the applicant, recipient or a representative fails to appear at the hearing without good cause, as determined by the ALJ, the hearing will be conducted as scheduled, without the household’s representation. If the applicant or recipient cannot be located for the service of the notice of hearing, OAH will return the file to LAU, who will return it the county until the applicant or recipient is located.

 

If the hearing is conducted without the applicant, recipient or a representative present and there is a determination that an IPV has been committed, the applicant or recipient has ten days from the date of the hearing to present reasons indicating good cause for failure to appear. If an ALJ or the appeals supervisor later determines there was good cause for the failure to appear, a new hearing must be conducted.