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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

1 Section 705 Change #03-2022 July 01, 2022 FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING Change #03-2022 July 01, 2022 705.01 DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION (IPV) Initiate an Administrative Disqualification Hearing (ADH) or referral for prosecution for cases in which the local agency has clear and convincing evidence to substantiate that an individual has committed one or more acts of Intentional Program Violation (IPV). Assure that all letters and notices are in the primary language of the individual charged with an IPV. Assure that a qualified translator is present for an ADH when requested by an individual with limited English proficiency. A. It is appropriate to conduct ADH’s on cases where: 1. The facts of the case show clear and convincing evidence of an Intentional Program Violation as defined in 705.02, A, but do not warrant criminal prosecution; or, 2. The case does not conform to local guidelines of the District Attorney’s Office concerning criminal prosecution; or, 3. The case was referred for prosecution, but the proper legal authority declined to prosecute; or 4. The case was referred for prosecution, but action to prosecute was not taken within a reasonable period of time, and the referral for prosecution was formally withdrawn by the local agency. B. Do not consider current eligibility when deciding between an ADH or prosecution. C. A State level hearing is held only when a local agency level ADH hearing finds a violation was committed and that decision is appealed to the State level by the recipient. D. The ADH may be waived. See 705.06 Waiver of Disqualification Hearing for waiver procedures. E. More than one violation may be the subject of a single hearing, but only one disqualification penalty may be assigned. Enhanced or extended penalties must be based on prior disqualification(s). Address all violations identified in an investigation through one hearing.