Page 435

Child Care Assistance Program Policy Manual Issued 10/2019 Administrative disqualification – Provider 13.9.3 An Administrative Disqualification is a formal determination that a provider committed an intentional program violation (IPV). An IPV, whether or not it did or could have resulted in receipt of additional benefits, is any of the following actions by a provider: • Willful or intentional false or misleading statement; • Misrepresentation, concealment or withholding of a fact; and/or • Repeated and intentional violation of program regulations. An IPV must be proven using the legal standard or “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 Administrative Disqualification must be initiated for individuals accused of committing an IPV when criminal charges are not being pursed. ADH procedures and requirements 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 Administrative Disqualification process, not both. Do not make concurrent referrals for prosecution and Administrative Disqualification. The practice of resolving an IPV first through the Administrative Disqualification process and then referring the same IPV for prosecution is prohibited. If a criminal case is dismissed in court, an Administrative Disqualification may be pursued because the burden of proof in establishing an IPV in an administrative action is the lower “preponderance of evidence” test as opposed to the “any reasonable doubt” standard required in a criminal prosecution. Administrative Disqualification process Upon identifying an IPV and determining that an Administrative Disqualification will be pursued, contact your CCAP policy specialist for guidance on generating a Provider Notice of Intentional Program Violation. If the accused provider does not appeal by the appeal deadline, disqualify the provider. See Chapter 13.9 (Disqualification for wrongfully obtaining assistance – Providers). If the accused person appeals, the appeal must be sent to the Appeals Division at DHS:

Minnesota Department of Human Services

Appeals Office PO Box 64941