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Child Care Assistance Program Policy Manual Issued 10/2019 Administrative disqualification - Families 13.6.3 Administrative Disqualification of individuals is achieved through an Administrative Disqualification Hearing (ADH). An ADH is a formal, impartial review by a Human Services Judge for the purposes of rendering a decision as to whether or not an individual committed an intentional program violation (IPV). An IPV is any action by an individual which is a willful or intentional false statement, a concealment of a fact, or misrepresentation, whether or not it did or could have resulted in receipt of additional benefits. For more information about the methods for establishing an IPV, see Chapter 13.6 (Disqualification for wrongfully obtaining assistance – Families). Misrepresentation or a failure to report on a timely basis does not necessarily constitute an IPV. The criteria for establishing the IPV requires an intentional act of deception, or one taken with an appreciation or understanding or its consequences or wrongfulness, and must be proven by a preponderance of evidence. To establish an IPV in an ADH, there must be a finding of intentional concealment or misrepresentation of a material fact by the legal standard of “preponderance of evidence.” Preponderance of evidence requires less evidence than “clear and convincing proof” or “proof beyond a reasonable doubt.” Legally, preponderance of evidence means that when the evidence is considered, it is more likely than not that fraud occurred. An ADH must be initiated for individuals accused of committing an IPV when criminal charges are not being pursued. ADH procedures and requirements, EXCEPT for the notice of hearing as explained below, are the same as for administrative appeal hearings. See Chapter 15 (Appeals). Referral of IPV Resolve cases of suspected IPVs through either the criminal or ADH process, not both. Do not make concurrent referrals for prosecution and ADH. The practice of resolving an IPV first through the ADH process and then referring the same IPV for prosecution is prohibited. If a case is dismissed in court, an ADH may be pursued because the burden of proof in establishing an IPV in an ADH action is the lower “preponderance of evidence” test as opposed to the “any reasonable doubt” standard required in a criminal prosecution. ADH waivers and requests for ADH Upon identifying an IPV and determining that the ADH process will be pursued, the accused individual must be offered the opportunity to waive the appearance before a Human Services Judge and simply agree to the prescribed disqualification penalties. Initiate the ADH process by completing the Notice of Intentional Program Violation – Waiver of Administrative Disqualification Hearing DHS-3131 (PDF) for families. Prepare a narrative summary of the allegations, investigative findings, and the evidence to support the findings. Someone other than the assigned case worker must also review and sign the form and find that the case facts, if proven, would justify a finding of fraud. A CCAP agency contact person must also be listed for the accused person to contact for reviewing the agency’s proof. The back page of the ADH waiver form has instructions to the accused person as to how to waive the hearing or request an ADH hearing. The waiver allows the accused person to admit to the facts or not, with the