Page 4

Title 7: SNAP Page 2 Iowa Department of Human Services Employees’ Manual Chapter J: Intentional Program Violation Administrative Disqualification Revised August 27, 2021 When to Refer a Case for a Disqualification Hearing Administrative Disqualification The following sections explain:  When to refer a case for an administrative disqualification hearing  How to refer a case for a disqualification hearing  Client benefits while waiting for a hearing  Notifying the client of a hearing decision When to Refer a Case for a Disqualification Hearing Legal reference: 7 CFR 273.16(a) Unless the individual has been found guilty in a federal, state, or local court, refer the following types of cases to the Department of Human Services Appeals Section for an administrative disqualification hearing:  Cases where: • The SNAP claim is $1,000 or less and no other program claim is involved, or claims for all programs for this incident are $1,000 or less, and • You have sufficient documentary evidence to substantiate that a person has intentionally made one or more acts of intentional program violation.  Cases previously referred for prosecution that were declined by the legal authority or formally withdrawn by the state. See Court Referrals. The county office will be notified by the DIA Investigations Division when this occurs. Do not refer the case while DIA is pursuing or plans to pursue the case in court. “Sufficient documentary evidence” includes applications, wage reports, IEVS reports, employer’s statements, RREDs, or any documentation on which the client has not fully reported income, resources, household composition, etc. It can also include statements provided to the client explaining reporting requirements. Include all information used to establish the client’s intent to commit fraud. Refer a person for an administrative disqualification hearing regardless of the person’s current eligibility. An IPV referral may be appropriate for a new applicant even if the applicant is denied benefits. Evaluate the situation to determine whether an IPV referral is appropriate. More than one member of a household can be referred for an intentional program violation.