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Title 7: SNAP Page 8 Iowa Department of Human Services Employees’ Manual Chapter J: Intentional Program Violation Disqualification Hearing Process Revised August 27, 2021 Conduct of the Hearing At the administrative disqualification hearing, the administrative law judge advises the household member or representative that he or she may refuse to answer questions during the hearing. The household member is advised of this right because the information may be used in a civil action by the state or federal government. When a Client Does Not Attend a Hearing Legal reference: 7 CFR 273.16(e)(4) If the household member or the household’s representative fails to appear at the hearing, the hearing will be conducted without the household member represented. The judge considers the evidence and determines if there is clear and convincing evidence that an intentional program violation was committed. A client who does not appear for the hearing may request review of the proposed decision and provide the reason for not attending. A client can claim good cause up to 30 calendar days after the proposed decision is issued. The county office will have the opportunity to respond to the client’s request for review. Then the file will be returned to DIA for the judge to determine if good cause for not attending the hearing exists. If the judge determines that good cause does exist, the file will be reopened and a new hearing will be set. Criteria for Determining Intentional Program Violation Legal reference: 7 CFR 273.16(e)(6) The administrative law judge must base the determination of intentional program violation on clear and convincing evidence that demonstrates the person committed, and intended to commit, an intentional program violation. It is your responsibility to gather the evidence the administrative law judge uses to make a decision. Clear and convincing evidence lies somewhere between a preponderance of proof and evidence beyond a reasonable doubt. Evidence that will help document and support your case includes:  Documentation of prior failure to report changes.  Documentation of prior failure to provide accurate information.  Documentation of prior IPV decision.  A copy of the judgment in a criminal court conviction.  A copy of the Confession of Judgment, if household admitted the overissuance to DIA.