Evidence Evaluation 400-28-162-10

(Revised 8/1/2023)

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NDAC 75-02-01.3-12

The Human Service Zone (HSZ) has the burden to establish an Intentional Program Violation (IPV) by clear and convincing evidence. Clear and convincing evidence means evidence that leads to a firm belief that the allegations are true.

Examples:

Application, review, and monthly report forms. An individual’s signature on these forms is attesting to providing full information and to understanding the reporting requirements. Statements made during application or review interviews Notice of benefits A past IPV for failure to report Reporting/billings forms Narratives Documented phone calls IEVS verification Involvement of an interpreter

When there is evidence a possible IPV has been committed, it is suggested the county review the case and all evidence with the supervisor or director.

This review will result in a decision to:

Proceed with the IPV process, or Proceed with a client error.

When reviewing the evidence for a possible IPV, the individual must be allowed an opportunity to respond to any unresolved questions.