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S N A P M A N U A L

246 The Agency will base administrative disqualifications for intentional Program violations on the determinations of hearing authorities arrived at through administrative disqualification hearings or on determinations reached by courts of appropriate jurisdiction. However, the Agency will allow accused individuals either to waive their rights to administrative disqualification hearings or to sign disqualification consent agreements for cases of deferred adjudication in accordance with Section 20.3 Methods of Determination of an Intentional Program Violation. The Agency will base administrative disqualifications for IPV on the waived right to an administrative disqualification hearing or on the signed disqualification consent agreement in cases of deferred adjudication.

2 0 . 2 D E F I N I T I O N O F I N T E N T I O N A L P R O G R A M V I O L A T I O N ( I P V )

Intentional Program violations (IPV’s) will consist of having intentionally: (A) Made a false or misleading statement, or misrepresented, concealed or withheld facts; OR (B) Committed any act that constitutes a violation of the Food and Nutrition Act, the SNAP Regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits or authorization cards used as part of an automated benefit delivery system (access device).

2 0 . 3 M E T H O D S O F D E T E R M I N A T I O N O F A N I N T E N T I O N A L P R O G R A M V I O L A T I O N ( I P V ) The methods in which a determination of IPV is made against an individual are:

(A) An Administrative Disqualification Hearing (ADH) conducted by the Office of Administrative Hearings.

A pending hearing must not affect the individual's right to be certified and participate in SNAP. Benefit Integrity Claims staff will represent the Agency at this hearing. (B) An administrative consent agreement (ACA) in which the individual waives the right to an ADH

(C) A deferred adjudication disqualification consent agreement (DCA) DSS Form 2659 with Court determination or prosecution in a court of law.