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

131 E. An IPV/ADH must not be requested against an accused individual whose case is currently being referred for prosecution on a civil or criminal action in an appropriate state or federal court. 3.138 WAIVER OF ADMINISTRATIVE DISQUALIFICATION HEARING A. Supporting evidence warranting the scheduling of an administrative disqualification hearing for an alleged IPV must be documented with a county supervisory review. If the county determines there is evidence to substantiate that an individual has committed an IPV, the county shall allow that individual the opportunity to waive the right to an administrative disqualification hearing. B. A Department-approved Notice of Alleged Intentional Program Violation form including the client's rights, the Department-approved Waiver of Intentional Program Violation Hearing form, and the Department approved request for a state level Administrative Disqualification Hearing for Intentional Program Violation form must be mailed to the individual suspected of an IPV. An investigator in the process of completing an investigation must offer the waiver to the individual if the investigator is not intending to pursue criminal or civil action. The individual must have fifteen (15) calendar-days from the date these forms are mailed by the county to return the completed Waiver of IPV hearing form. C. When the accused individual waives their right to an administrative disqualification hearing, a written notice of the disqualification penalty must be mailed to the individual. This notice shall be on the Department-prescribed notice form. D. The completion of the waiver is voluntary. The county must not require an individual to complete it or by its actions appear to require the individual to complete the waiver. 3.139 DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION (IPV) A. If the accused individual signs and returns the request for waiver of IPV hearing form within the fifteen (15) day deadline or the individual is found to have committed an IPV through the hearing process, the individual shall be provided