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ESA SNAP Policy Manual 241 If OPRMI does not initiate administrative disqualification procedures or refer for prosecution a case involving an overissuance caused by a suspected act of IPV, ESA will take action to collect the overissuance by establishing an inadvertent household error recipient claim against the household. The collection of the overpayment and the disqualification for IPV are separate issues. ESA will implement administrative disqualifications for IPVs as determined by hearing authorities through ADHs or by courts of appropriate jurisdiction. However, OPRMI will allow accused individuals to waive their rights to ADHs or sign disqualification consent agreements for cases of deferred adjudication. ESA will implement administrative disqualifications for IPV on the waived right to an ADH or on the signed disqualification consent agreement in cases of deferred adjudication. 21.2 Definition of IPV Intentional actions that may result in an IPV include the following:  A false or misleading statement  A misrepresentation, concealment or withholding of facts  Any act that constitutes a violation of federal SNAP laws, SNAP regulations or any District statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits or EBT cards An IPV disqualification is in addition to, and cannot be substituted for, any other sanction or penalties that may be imposed by law for the same offenses. ESA must inform the household in writing of the disqualification penalties for IPVs each time the household applies for SNAP benefits. The penalties must be in clear, prominent and boldface lettering on the application form. The District Office of Administrative Hearings conducts ADHs for individuals accused of IPVs. Please see Section 14.1.1, IPV, Fleeing Felon and Work Requirement Sanctions, for more information. 21.3 Methods of Determining an IPV Individuals can be found to have committed an IPV through any of the following:  An ADH  By a federal, state or local court  A signed a waiver of right to an ADH  A signed disqualification consent agreement in cases referred for prosecution

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