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SNAP CERTIFICATION MANUAL – SECTION 16000 16700 Administrative Disqualification Hearings 16701 When a Hearing is Conducted

16700 Administrative Disqualification Hearings

SNAP Manual 12/01/00 Administrative disqualification hearings are conducted for the following reasons: • To permit the State to disqualify from the Supplemental Nutrition Assistance Program those individuals found to have committed intentional program violations. • To allow the State to retain a percentage of the value of the money collected from overpayments resulting from an intentional program violations The Office of Appeals and Hearings will make clear written rules of procedures for administrative disqualification hearings (DHS-1206) available to any interested party.

16701 When a Hearing is Conducted SNAP Manual 12/01/00 Administrative disqualification hearings are conducted when one or more acts of IPV have been established through documentary evidence if one of the following conditions has been met: • Civil or criminal prosecution through the court system is not warranted. • The appropriate legal authority declinedprosecution. • The legal authority took no action within a reasonable period of time resulting in withdrawal of the request to prosecute.

16702 Limitations SNAP Manual 12/01/00 Administrative disqualification hearings are not conducted if the amount the individual obtained because of a suspected IPV is under $35.00 or if the value of the ineligible items purchased with SNAP benefits is less than $35.00. The $35.00 minimum may be a cumulative amount. An administrative disqualification hearing will not be initiated against an individual when the individual’s case is currently in the prosecutor’s office, or when the prosecutor or a court of appropriate jurisdiction has taken action against the individual unless another unrelated IPV has occurred.