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4215.05.00 REQUESTING AN ADH

In order to request an administrative disqualification hearing, there must be clear and convincing evidence which demonstrates that the individual committed, and intended to commit, an Intentional Program Violation (IPV). (See Section 4610.15.05 for the definition of an IPV.)

Hearsay evidence alone is insufficient for the ALJ to render a decision of a finding of IPV. The burden of proof is on the DFR to substantiate the charge. (f33)

The charge (in narrative form) and the evidence (called Exhibits) to be presented at the hearing must be included on the Form 2235, Request for Administrative Disqualification Hearing, and forwarded to the OALP. Although an ADH may be requested in the eligibility system on the Appeals Request/Appeals Search Page, the hearing will not be scheduled until the Form 2235 is received by OALP.

Specific charge(s) and a summary of the evidence to support the request must be recorded on this form.

Evidence not included on the form cannot be presented at the hearing.

If the DFR receives some further documentation after the ADH is requested, withdraw the Request for ADH and re-submit it, listing the newly received documentation as an exhibit.

The DFR may offer a waiver to the client before submitting the Form 2235 and requesting the ADH. See Section 4610.15.40. 4215.05.05 EXAMPLES OF EVIDENCE

Evidence of IPV exists when it can be shown that the individual either willfully provided false information, or omitted information in order to receive an over issuance.

In order to prove the individual's actions were intentional, it must be verified that the individual fully understood their responsibilities for reporting the information. This type of verification can come from documents such as the signed Rights and Responsibilities section of the application.

Sources of evidence include: • Written proof of all information that the individual intentionally failed to report; • An application or Change Report Form submitted during the period of suspected violation; • Documents such as signed SNAP issuance records showing that the individual visited the DFR during the period of suspected violation and failed to report a change and an overpayment resulted; • The Report of Claim Determination which documents the months and amount of overpayment; and • Oral evidence that is either provided under oath or affirmed by another person.