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decision date ten (10) days subsequent to the release of the hearings decision to allow timeliness for a reschedule request by the recipient and a possible change to the decision.

The determination of IPV made by the ALJ cannot be reversed by a subsequent fair hearing decision. No further administrative appeal to DFR exists after an adverse ADH decision. However, the individual is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay or corrective action by a court having appropriate jurisdiction. 4215.35.05 NOTIFICATION OF ADH DECISION

The AG and the DFR will both receive the full findings and decision of the ALJ. If the decision does not sustain the county's allegation that an IPV occurred, the DFR will collect any related claim(s) as an Inadvertent Error. No other action is required by the DFR.

If the ALJ finds that the AG member committed IPV, the OALP provides written notice to the DFR and the AG member via the written hearing decision.

The notice informs the individual of the decision and the reason for the decision. The DFR is required to send a manual notice, FI 2246 Notice of Disqualification, to the disqualified individual. (See Section 4630.15.00) 4215.35.10 WAIVED HEARINGS

Individuals accused of IPVs have the right to waive an ADH. The written notification which informs the members of the right to waive the hearing is mailed by the OALP along with the notice of the scheduled hearing. (f39)

If the member signs the waiver, the DFR will be sent a copy of the signed waiver by the OALP.

When the DFR receives a copy of the signed waiver, the individual is considered to have committed an IPV and the appropriate penalties are then implemented according to Section 4215.40.00. 4215.40.00 IMPLEMENTATION OF ADH DECISION

If the ALJ rules that the AG member has committed an IPV, the individual must be disqualified in accordance with the disqualification periods specified in Section 4215.45.00. For SNAP, the disqualification period begins the first month following the date the AG member received written notification of the hearing decision.

The AG must be notified (form 2246) of the effective date and length of the person's disqualification period as well as the new benefit amount. If recoupment is the repayment method indicated, the recoupment will be calculated and included on the notice.