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FOOD AND NUTRITION SERVICES CERTIFICATION CLAIMS ____________________________________________________________________________________

7 Section 800 Change #1-2017 April 1, 2017

2. Complete a second party file review to ensure there is clear and convincing evidence to prove the client committed an Intentional Program Violation. Otherwise, establish the claim as an IHE. The difference between an IPV and an IHE is intent. If during an ADH or a determined by a judge that an IPV did not occur, establish an IHE claim.

3. Determine if the claim is subject to criminal prosecution.

a. Prepare case summary and evidence for appropriate authorities.

b. Enter a claim type of “P” in EPICS on the day the case is released to appropriate authorities and enter this date as the Date of Discovery.

c. Cooperate with the District Attorney’s Office through the completion of the case.

d. Once established, enter the IPV claim and disqualification in EPICS. Follow instructions in the EPICS User’s Guide.

e. Cooperate with the probation officer for claim collection if the client is found guilty of the offense.

4. Decide if the claim is subject to Administrative Procedures.

a. Prepare a case summary and evidence for an Administrative Disqualification Hearing.

b. Prepare and mail together via first class or certified mail a DSS-8556, Advance Notice of Disqualification Hearing and a DSS-8588, Waiver of Administrative Disqualification Hearing to the recipient and any known legal or authorized representative. Allow 30 calendar days notice. Do not make threats in an attempt to have the client sign a waiver. Never allow a client to sign a waiver in the presence of an Investigator in order to prevent a later claim that they were coerced into signing the waiver against their will.

c. Enter a claim type of ”U” in EPICS on the day the DSS-8556 is mailed. Enter the Date of Discovery into EPICS. The Date of Discovery will be the date the DSS-1682 is completed.

d. Prepare a copy of the case summary and evidence for the hearing officer and the recipient. Always include the manual sections used to determine this was an IPV.

e. Follow policy in Section 710, Administrative Disqualification Hearings.

f. Once established, enter the IPV claim and disqualification in EPICS. Instructions are in the EPICS User’s Guide.

g. Only the individual who signed the Waiver of ADH or was found guilty of the IPV will be disqualified. However, the claim is to be collected from all