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● The administrative hearing is not a court proceeding and cannot result in a criminal conviction.

A signed waiver finalizes the IPV determination and related penalties. A copy must be sent to the State OHEP Office , with the original filed in the client’s case record. Disqualification Consent Agreement In cases of criminal prosecution (for IPV amounts exceeding $2,500), the local State’s Attorney may offer a Disqualification Consent Agreement, allowing the customer to avoid formal fraud adjudication. This decision is solely at the discretion of the State’s Attorney’s Office. IPV Hearing Scheduling If no signed waiver is received within 20 days: ● The LAA must submit a referral to the Office of Administrative Hearings (OAH) using the appropriate transmittal form (Attachment AC), along with all supporting evidence.

● A one-page case summary must accompany the evidence.

● A complete copy of this packet must be sent to the customer.

Once a hearing date is set, the LAA must notify the State OHEP Office. Note: If an IPV involves an overpayment and the customer has appealed the overpayment decision, the LAA may request OAH to consolidate the two matters into one hearing. Notification of Hearing Outcome Following the OAH ruling: ● The LAA must notify the client in writing using the Notice of Administrative Disqualification Hearing Decision (Attachment R).

Updated May 2025

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Page 54

Official source

● The administrative hearing is not a court proceeding and cannot result in a criminal conviction.

A signed waiver finalizes the IPV determination and related penalties. A copy must be sent to the State OHEP Office , with the original filed in the client’s case record. Disqualification Consent Agreement In cases of criminal prosecution (for IPV amounts exceeding $2,500), the local State’s Attorney may offer a Disqualification Consent Agreement, allowing the customer to avoid formal fraud adjudication. This decision is solely at the discretion of the State’s Attorney’s Office. IPV Hearing Scheduling If no signed waiver is received within 20 days: ● The LAA must submit a referral to the Office of Administrative Hearings (OAH) using the appropriate transmittal form (Attachment AC), along with all supporting evidence.

● A one-page case summary must accompany the evidence.

● A complete copy of this packet must be sent to the customer.

Once a hearing date is set, the LAA must notify the State OHEP Office. Note: If an IPV involves an overpayment and the customer has appealed the overpayment decision, the LAA may request OAH to consolidate the two matters into one hearing. Notification of Hearing Outcome Following the OAH ruling: ● The LAA must notify the client in writing using the Notice of Administrative Disqualification Hearing Decision (Attachment R).

Updated May 2025