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245 Chapter 20 Disqualification for Intentional Program Violation (IPV) 2 0 . 1 A D M I N I S T R A T I V E R E S P O N S I B I L I T Y The Agency will be responsible for investigating any case of alleged Intentional Program Violation (IPV) and ensuring that appropriate cases are acted upon either through administrative disqualification hearings or referral to a court of appropriate jurisdiction in accordance with the procedures outlined in this section. Administrative disqualification procedures or referral for prosecution action should be initiated by the Agency in cases in which the Agency has sufficient documentary evidence to substantiate that an individual has intentionally made one or more acts of IPV as defined in Section 20.2 Definition of Intentional Program Violation (IPV). The Agency will conduct administrative disqualification hearings (ADH’s) (See Section 20.3 Methods of Determination of an Intentional Program Violation) in cases in which the Agency believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system, in cases previously referred for prosecution that were declined by the appropriate legal authority, and in previously referred cases where no action was taken within a reasonable period of time and the referral was formally withdrawn by the Agency. The Agency will not initiate an administrative disqualification hearing against an accused individual whose case is currently being referred for prosecution or subsequent to any action taken against the accused individual by the prosecutor or court of appropriate jurisdiction, if the factual issues of the case arise out of the same, or related, circumstances. The Agency may initiate administrative disqualification procedures or refer a case for prosecution regardless of the current eligibility of the individual. If the Agency does not initiate administrative disqualification procedures or refer for prosecution a case involving an over-issuance caused by a suspected act of IPV, the Agency will take action to collect the over-issuance by establishing an inadvertent household error recipient claim against the household in accordance with Section 23.3 Classification of Recipient Claims (2) Inadvertent household error. The collection of the overpayment and the disqualification for IPV are separate issues. Chapter 20