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CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program

129 within one (1) business day. Any notice regarding denial or termination of a fiscal agreement shall include information regarding the child care provider's right to an informal conference. PROGRAM INTEGRITY 3.135 INTENTIONAL PROGRAM VIOLATION (IPV) A. A county shall conduct an investigation of any adult caretaker(s) or teen parent(s) who has applied for or received CCCAP whenever there is an allegation or reason to believe that an individual has committed an IPV as described below. 1. Following investigation, action must be taken on cases where documented evidence exists to show an individual has committed one or more acts of IPV. Action must be taken through: a. Obtaining a “Waiver of Intentional Program Violation Hearing;” b. Conducting an administrative disqualification hearing; or c. Referring the case for civil or criminal action in an appropriate court of jurisdiction. 2. Overpayment collection activities must be initiated immediately in all cases even if administrative disqualification procedures or referral for prosecution is not initiated. 3.136 CRITERIA FOR DETERMINING INTENTIONAL PROGRAM VIOLATION (IPV) A. The determination of IPV must be based on clear and convincing evidence that demonstrates intent to commit IPV. “Intent” is a false representation of a material fact with knowledge of that falsity or omission of a material fact with knowledge of that omission. B. “Clear and convincing” is proof that is stronger than “a preponderance of evidence” and is unmistakable or free from serious or substantial doubt.

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Page 129

Official source

CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program

129 within one (1) business day. Any notice regarding denial or termination of a fiscal agreement shall include information regarding the child care provider's right to an informal conference. PROGRAM INTEGRITY 3.135 INTENTIONAL PROGRAM VIOLATION (IPV) A. A county shall conduct an investigation of any adult caretaker(s) or teen parent(s) who has applied for or received CCCAP whenever there is an allegation or reason to believe that an individual has committed an IPV as described below. 1. Following investigation, action must be taken on cases where documented evidence exists to show an individual has committed one or more acts of IPV. Action must be taken through: a. Obtaining a “Waiver of Intentional Program Violation Hearing;” b. Conducting an administrative disqualification hearing; or c. Referring the case for civil or criminal action in an appropriate court of jurisdiction. 2. Overpayment collection activities must be initiated immediately in all cases even if administrative disqualification procedures or referral for prosecution is not initiated. 3.136 CRITERIA FOR DETERMINING INTENTIONAL PROGRAM VIOLATION (IPV) A. The determination of IPV must be based on clear and convincing evidence that demonstrates intent to commit IPV. “Intent” is a false representation of a material fact with knowledge of that falsity or omission of a material fact with knowledge of that omission. B. “Clear and convincing” is proof that is stronger than “a preponderance of evidence” and is unmistakable or free from serious or substantial doubt.