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Title 7: SNAP Page 4 Iowa Department of Human Services Employees’ Manual Chapter J: Intentional Program Violation Administrative Disqualification Revised August 27, 2021 How to Refer a Case for an Administrative…

1. Mrs. C is found guilty of an intentional program violation for failure to report income during January 2017. The disqualification period is established for 12 months, as the first offense. The worker later determines that Mrs. C also intentionally failed to report income in November 2016. The worker establishes a claim for an inadvertent household error and refers the November 2016 incident for an IPV hearing. If Mrs. C is found guilty of IPV, the claim will be changed to an IPV claim. However, a second disqualification period will not be imposed, as the act was committed before the establishment of the first disqualification period. 2. Mr. A fails to report income during January 2016. A referral is made when the offense is discovered in March 2016. In May 2016, Mr. A again fails to report income. The final decision stating that Mr. A is guilty of an IPV is issued on July 7, 2016. The second offense is discovered in July 2016. The worker refers the second offense for an IPV hearing. If Mr. A is found guilty, the claim will be changed from an inadvertent household error to an IPV. No additional disqualification will be imposed, as the second offense was committed before the first disqualification period was established. Do not notify the household member of the administrative disqualification hearing referral. The Administrative Hearings Division of the Department of Inspections and Appeals will notify the household member of the scheduled hearing on Notice of IPV Hearing. When you receive the notice of hearing, send the client a copy of all information you submitted for the referral. Client Benefits While Waiting for a Hearing Legal reference: 7 CFR 273.16(e)(5) A pending disqualification hearing does not affect the person’s or household’s right to be certified and participate in the program. Determine the eligibility and benefit level of the household in the same manner as for any other household. You cannot disqualify a household member for intentional program violation until you receive notification that one of the following has occurred:  The final decision has been issued on an administrative disqualification hearing, and the person has been found guilty of committing an IPV, or  DIA informs you that the person was found guilty in a federal, state, or local court.