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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual 740 INTENTIONAL PROGRAM VIOLATION (IPV) HEARING Administrative Disqualification Hearings and pre-hearing resolutions are set forth in the Division’s Administrative Manual, section 3103. On the hearing date, the employee who initiated the IPV action (see manual section 862) must be available to act as a witness if necessary; however, I&R will represent the Division and present the case to the hearings officer. 741 Consolidation of Administrative Penalty Hearings Penalty/disqualification hearings for Child Care, TANF, SNAP, Energy Assistance and Employment & Training programs may be combined into a single hearing if the factual issues arise out of the same or related circumstances and the household received prior notice the hearings will be combined. Combining hearings permits presentation of issues at a common hearing time. However, an individual Administrative Disqualification/Penalty Waiver, Form 6021-AF, must be completed for each accused individual and for each program. If combined, a separate file must be established for each case, and separate presentations must occur for each program. This permits individual rulings for each separate program violation. 742 IPV Hearing Process The DWSS Hearings Office will schedule the date and time of the hearing and notify all involved parties. Note: If legal counsel is representing the accused individual, the worker may request attendance by one of the Division’s assigned deputy attorneys general. At the hearing, the case manager presenting the case introduces testimony and evidence demonstrating the accused intentionally violated program rules. Evidence should be organized and presented in a manner consistent with the chronological events associated with the violation. 743 Pre-Hearing Resolutions IPV issues may be resolved without a hearing or prior to a scheduled date of hearing if: • The Division or Child Care Program staff formally withdraws their request for a penalty/disqualification hearing; or • The accused individual signs both the Administrative Disqualification/Penalty Waiver section of Form 6021-AF and the Waiver of Right to Administrative Disqualification Hearing/ Acceptance of Penalty (manual section 864, IPV Hearing Waiver). Requests for modification of an IPV order must be routed through an I&R supervisor or their designee. 744 IPV Hearing Outcome Issues sent to the Hearings Unit are resolved on a case-by-case basis. Only written decisions issued by the hearings officer and state or federal courts are enforceable. The formal written decision order may: 700- Program Violations, Overpayments, Hearings [9] MTL 01/24 July 1, 2024