1145.010.25.20 Hearing Decision – DSS Manuals

IM-140 November 30, 2005

The hearing officer bases the determination of IPV on clear and convincing evidence that demonstrates the EU member committed or intended to commit an IPV.

The hearing officer’s decision specifies the reasons for the decision, identifies supporting evidence and the pertinent FNS regulation, and responds to reasonable arguments made by the EU member or representative.

If the hearing officer finds that the EU member did not commit an IPV, the Hearing Unit sends a copy of the decision to the individual and to the county office. Upon receipt of the hearing decision, review the issuance to ensure the benefit level is correct. The county office sends the IM-165 Notice of Decision of Administrative Disqualification Hearing to the individual, and enters R (reversed) in the ADH field on the CARS Change Claim Information (OVCC) screen.

If the hearing officer finds that the EU member committed an IPV, the Hearing Unit mails a written notice to the EU member and the county office informing each of the decision and the reason for the decision. Hearing Unit staff impose the disqualification by entering the disqualification information on the Sanction/Disqualification (FMAM) screen. Upon receipt of the hearing decision, county staff must review the Sanction/Disqualification (FMAM) screen to ensure the data is correct. County office staff enter U (upheld) in the ADH field on the CARS Change Claim Information (OVCC) screen.

If the Hearing Unit did not enter the disqualification on the Sanction/ Disqualification (FMAM) screen, enter the disqualification immediately, within 45 days or less from the date of the hearing decision. If the individual is not eligible for food stamps at the time the disqualification period begins, the disqualification penalty begins the month following the month of notification and continues uninterrupted until completed.

The EU member may appeal the decision through the local circuit court in the county in which s/he resides by the same procedure outlined for fair hearings.