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MS 1070

(1)

Volume 1 – General Administration MS 1070 – R. 7/1/25 – OMTL-674 Administrative Disqualification Hearings

[An Administrative Disqualification Hearing (ADH) is conducted by the Office of Administrative Hearings (OAH) to determine if an Intentional Program Violation (IPV) has occurred. The format of the hearing is similar to that of a fair hearing, except the burden of proof is on the agency.]

A. Refer a case for a disqualification hearing via form FS-79, Request for an Administrative Disqualification Hearing, by submitting a hearing request from the claim adjustment screen, within three calendar days if there is sufficient evidence to substantiate a claim of IPV and one or more of the following situations apply:

1. The claim does not meet the criteria for referral to the Office of Inspector General (OIG);

2. The facts of the case do not warrant civil or criminal prosecution, and OIG closes its case; or

3. Form FS-80A, Voluntary Waiver of SNAP Administrative Disqualification Hearing (ADH), is not received signed within 10 calendar days of being sent to the household.

B. [Review Integrated Eligibility & Enrollment System (IEES) for previous disqualifications before completing the FS-80A. Make OAH aware of the prior IPV that was established by indicating on the FS-80A whether it is a first, second, or third offense. If the individual commits an IPV after July 1, 2013, the waiver can be offered to establish an IPV for each program violation.]

C. Access the “Claim Adjustment” screen on your navigation panel through Benefit Management and click “Request ADH” to start the administrative hearing process. For trafficking-related ADH requests, start the hearing request process via the “Hearings” tab, as a claim will not already be established.

D. Complete form FS-79 and attach it with all the evidence that will be presented at the hearing in the Hearings module under the appropriate hearing ID “Exhibits – Agency”.

E. Only evidence listed on form FS-79 can be introduced at the hearing. If information is not listed on form FS-79 or evidence is missing, submit a “Withdraw Request” via the Hearings module before the hearing is scheduled and resubmit a new form FS-79 with the correct information and all necessary evidence following the process outlined in C above. All evidence must be labeled as Exhibit 1, 2, 3 or Exhibit A, B, C, etc. prior to uploading to the Hearings Module and mailing to the individual. Complete the FS-79 using the following guidelines:

1. Provide a detailed explanation of the charges, attaching additional sheets if necessary.