Evidence Evaluation 400-28-162-10

(Revised 10/1/18 ML #3538)

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NDAC 75-02-01.3-12

 

 

The county has the burden to establish an Intentional Program Violation (IPV) by clear and convincing evidence. Clear and convincing evidence means evidence that leads to a firm belief that the allegations are true.

 

Examples:

  • Application, review, and monthly report forms. An individual’s signature on these forms is attesting to providing full information and to understanding the reporting requirements.
  • Statements made during application or review interviews
  • Notice of benefits
  • A past IPV for failure to report
  • Reporting/billings forms
  • Narratives
  • Documented phone calls
  • IEVS verification
  • Involvement of an interpreter

When there is evidence a possible IPV has been committed, it is suggested the county review the case and all evidence with the supervisor, director, or a regional representative.

 

This review will result in a decision to:

  • Proceed with the IPV process, or
  • Proceed with a client error.

When reviewing the evidence for a possible IPV, the individual must be allowed an opportunity to respond to any unresolved questions.