007.01(B) SPECIAL INVESTIGATIONS UNIT GUIDELINES.

The Special Investigations Unit considers the following in determining whether to proceed with a disqualification hearing or refer the matter for prosecution: (i) A disqualification hearing may be initiated regardless of the current eligibility status of the individual; (ii) The burden of proving Intentional Program Violation by clear and convincing evidence is on the Department; (iii) The Department will not initiate a disqualification hearing against an individual whose case is currently being referred for prosecution or after any action taken against the accused individual by a court, if the factual issues of the case arise out of the same, or related, circumstances; and (iv) The Department will refer for criminal prosecution those individuals suspected of committing Intentional Program Violation in cases which meet evidentiary standards of state or federal criminal statutes.