480.8 Administrative Hearings versus Court Referrals

When the LDSS and/or OIG decides there is enough documentary evidence that an individual has committed an IPV, the LDSS:

Must proceed against the person either through administrative hearing procedures, or by referring the matter to the local State’s attorney for civil or criminal action in a court of law.

Must decide which procedure, administrative or judicial, it believes appropriate for each case and pursue that procedure to its conclusion.

Cannot offer an ADH waiver if it intends to refer the case for prosecution.

Cannot threaten prosecution if the customer does not sign the waiver.

Example: Mr. A was suspected of failing to report a self-employment enterprise and was referred to OIG for investigation. Since the first application, he had reported only Mrs. A’s earnings. The OIG investigator confirmed that Mr. A has had a lawn service and snow removal business since before the household was first certified 3 years ago. The LDSS and the OIG decided that there is enough evidence that the household had committed an IPV. They also decided, based on the evidence and large overpayment, to refer this case for prosecution in court. Mr. A would not be referred for an administrative disqualification hearing or offered a waiver of the ADH.