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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual Disqualification/Hearing Form and submitting the request to the DWSS Hearings Officer. The Child Care case manager may be called as a witness to provide additional testimony at the Administrative Hearing. 732 Initiating IPV Actions The I&R Unit is principally responsible for activities associated with Child Care and Development Program penalties of an accused individual suspected of program rule violations. However, any employee of the Division or the Child Care staff may initiate penalty/disqualification action against an accused individual by completing Form 6021-AF, Administrative Disqualification/ Penalty Waiver. Staff initiating a penalty action must complete all required administrative penalty paperwork and be prepared to act in the capacity of a witness in front of the hearings officer. 733 Determining IPV Penalty The Division’s Investigations & Recovery (I&R) Unit maintains a central repository for all Nevada Child Care and Development Program IPVs. Before completion or submittal of Form 6021-AF, the case manager must check for prior disqualifications by sending an email to welfinvest@dwss.nv.gov (Welfare Investigations) to ensure the appropriate penalty period is requested. The email must specify the program type (e.g., Child Care), last name, first name, date of birth, Social Security Number, and any alias of the accused individual. If past IPV penalties are identified, the I&R worker shall obtain a copy of the previous IPV waiver, hearing decision or criminal court disposition. These documents must be attached to the new IPV paperwork (Form 6021-AF) to substantiate pursuit of enhanced penalties. 734 IPV Hearing Waiver The IPV waiver may be used to address an accused individual’s program violations without prior submittal of the 6021-AF to the Hearing Unit. This allows the accused individual to accept the IPV penalty without the formality of the actual hearing. If this method is used, the accused individual must also sign the “Rights of the Accused and Waiver of Right to Administrative Disqualification Hearing/Acceptance of Penalty” section of Form 6021-AF acknowledging their understanding of their rights under program laws, regulation and rules. Note: If a signed IPV waiver is obtained, penalties must not be imposed until the case manager has forwarded the signed waiver, via email to irreferrals@dwss.nv.gov, and received notification from I&R staff. No further administrative appeal procedure exists after an accused individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed. The accused individual however, is entitled to seek relief in a court having appropriate jurisdiction. 735 Coordination of IPV Actions To eliminate confusion and duplication of effort, all administrative penalty/disqualification requests and signed IPV waivers must be sent to the I&R Unit assigned responsibility for the submitting office. The approval of the I&R supervisor or their designee is mandatory to ensure prior penalty occurrences have been checked and case manager actions are not duplicating the actions of I&R staff. 700- Program Violations, Overpayments, Hearings [8] MTL 01/24 July 1, 2024