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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual • Deny or approve the request for a hearing; • Deny or approve the request for a administrative penalty based on a hearing; • Approve, with modification of the penalties. Individuals who disagree with the decision of the hearings officer may appeal their case to district court within 90 days of the date of the hearing officer’s decision. 745 Reconsideration of a Hearing Decision The hearing officer may reconsider the hearing decision and reopen the record for presentation of evidence by either party if, within 30 days from the date of the hearing decision, it is shown to the satisfaction of the hearings officer that the additional evidence is material and that there was good cause for failure to present it in the hearing. 746 Modification of the IPV Order If errors are noted on the IPV documentation (wrong Social Security Number, incorrect IPV penalty, etc.), corrections cannot be made without bringing the matter before the hearings officer. Requests for modification of an IPV order must be routed through an I&R supervisor. 750 IMPOSING IPV PENALTIES/REPAYMENT OBLIGATIONS If a signed IPV Waiver or Judgment of Conviction (JOC) is obtained, penalties shall not be imposed until the case manager has received notification from I&R staff. For open cases, penalties are imposed against current benefits as soon as administratively possible after the signed Waiver is approved by the designated I&R staff or receipt of the hearing officer’s penalty order or criminal court JOC and notification is received from I&R staff. Penalties will continue for the ordered or applicable period of time. Worker inability to affect benefits because of computer programming restriction does not negate the case manager’s ability to impose the full penalty period. For closed cases, the penalties will be imposed immediately after the signed waiver is approved by the designated I&R staff or, receipt of the hearing officer’s penalty order or a criminal court JOC and notification is received from I&R staff. Penalties will continue for the ordered period of time. Example: An accused individual’s benefits cease in May and an IPV penalty is imposed effective July through June. If the accused individual applies for assistance and is approved in December, the case manager must impose the penalty for the remainder of the penalty period (December through June). If subsequent penalty orders are received, the new penalty must be implemented as soon as administratively possible. Example: If the accused individual is currently serving a first level penalty and the Hearing Officer orders a second level penalty, the case manager must wait until the entire first level penalty period has been exhausted before imposing the second penalty; however, if the accused is serving a second level penalty and is ordered to serve a third IPV penalty, impose the third IPV penalty immediately upon receipt of the hearing officer’s decision, regardless if the accused individual is still serving the second penalty. 700- Program Violations, Overpayments, Hearings [10] MTL 01/24 July 1, 2024