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Effective April 1, 2018, only IPV over-issuances for the court ordered judgment will be opened. The balance of the over-issuance will not be subject to an IHE over-issuance. Small Claims Court can no longer be used to determine fraud, but it can be utilized to assist in collection efforts (See Section 4645.25.00). 4625.10.00 REFERRAL FOR ADMINISTRATIVE DISQUALIFICATION HEARING/WAIVER TO ADH

For suspected fraud involving SNAP and/or TANF, the agency may elect to refer the fraud to the Office of Hearings and Appeals (OHA) or send the client a waiver of the administrative hearing. If a signed waiver is received admitting or not admitting to the issue, an ADH is not needed. The referral for ADH or the sending of a waiver must be recorded in the fraud tracking system.

For SNAP only, when using an ADH to establish the IPV category, the BV worker must change the error type to PPV (Pending Program Violation) and open the claim before the ADH. If the AG is currently receiving SNAP benefits, an allotment reduction should be started immediately.

Sending the notice of overpayment and requesting the ADH should be done concurrently so that an IPV hearing may be consolidated with a fair hearing if requested. The only exception to this is if it is a trafficking over-issuance where an ADH decision must be made before opening the over- payment.

If the over-payment is for TANF benefits, leave the error type as CE (Client Error) when opening the over-payment and requesting the IPV hearing.

If the administrative law judge (ALJ) sustains the request for the IPV, the error type must be changed to IPV before entering the disqualification information. 4625.15.00 IPV DISQUALIFICATION

An IPV disqualification is a penalty or period of ineligibility imposed on an individual who has been found guilty of fraud as a result of: • An Administrative Law Judge Decision granting the request for disqualification; • The agency receives a waiver signed by the client; • The agency is notified of a criminal court determination that Welfare fraud was committed. Both a misdemeanor and a felony are considered fraud. Or: • A judicial disqualification consent agreement is signed. This can only be presented by a prosecutor. 4625.15.05 IMPOSING THE IPV DISQUALIFICATION

The IPV penalty is imposed after receiving notification that the individual has been found guilty of an IPV.