Page 12

Title 7: SNAP Page 10 Iowa Department of Human Services Employees’ Manual Chapter J: Intentional Program Violation Court Referrals Revised August 27, 2021 When to Refer a Case for a Court Hearing Court Referrals This section deals with court hearings initiated by the DIA Investigations Division. It does not relate to judicial reviews of administrative disqualification hearings. The following subsections describe:  When to refer a case for a court hearing  How to refer a case for a court hearing  How to process a court conviction  Procedures when a disqualification decision is reversed When to Refer a Case for a Court Hearing Legal reference: 7 CFR 273.16(a) and (g) Refer the following types of cases to the DIA Investigations Division for a court hearing:  Cases where the SNAP claim is over $1,000.  Cases where the combined claims for all programs are over $1,000 and you believe there may have been an intentional program violation. Refer a person for a court hearing regardless of the current eligibility of the person. How to Refer a Case for a Court Hearing Legal reference: 7 CFR 273.16(a) and (g) In the web-based Overpayment Recovery (WOPR) system, the fraud referral screen is visible when a court hearing is needed as explained above. This referral screen must be completed before submitting the claim, or an error message will be received. Submission of this screen completes the referral process. The Investigations Division will send form 427-0500, Overpayment Recovery Case Status, giving the status of the referral. When there are changes in status of the referral, final court decisions, or any necessary action, the Investigations Division will send form 427-0500. Review the criteria for initiating a referral for administrative disqualification hearing if the prosecution action has been declined or withdrawn.