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Page | 297 If more than one of the actions is taken, the actions will be sequential. Each action will be completed by ORFI or the agency to which ORFI initially referred it before another action cited above is initiated. Once an SPV has been reclassified as an IPV, the claim determination must be completed.

All documents that substantiate the allegation of a SPV must be filed in Section 5 of the case record, including 1. A copy of the EA-889 SPV request 2. A copy of the EA-894 report 3. The documents substantiating the claim 4. Documents confirming the SPV was reclassified as an IPV (ex: signed waiver, final order by judge, etc.)

If ORFI determines that the circumstances identified on the SPV request are questionable, ORFI may contact the Supervisor and/or Benefits Specialist to discuss the overpayment. Based on this discussion, ORFI may determine that there is insufficient evidence to support an SPV and may reclassify the case as an IHE. The final determination will be made by ORFI personnel.

The Office of Administrative Hearings (OAH) may conduct administrative disqualification hearings in cases when: 1. The facts of the individual case do not warrant civil or criminal prosecution through the courts 2. Previously referred for prosecution but were declined 3. Previously referred cases, which no action was taken within a reasonable period of time and the referral was formally withdrawn.

An administrative disqualification hearing cannot be initiated against an accused individual whose case is currently being referred for prosecution if the factual issues of the case arise out of the same or related circumstances. The Office or Recoveries and Fraud Investigation may initiate administrative disqualification procedures or refer a case for prosecution regardless of the current eligibility of the individual.

18302 PARALLEL TO FAIR HEARING SYSTEM

Intentional Program Violation hearings will be conducted by the same personnel responsible for fair hearings, by the same procedures, and may be appealed to a higher court as is the case with fair hearings. Fair hearings and Intentional Program Violation hearings may be combined if the factual issues arise out of the same or related circumstances and due notice has been provided to the individual by the administrative hearing’s office. If the individual had prior IPV disqualifications, a copy of the previous IPV waiver or hearing decision must be an exhibit at the administrative hearing.

18303 INITIATION OF INTENTIONAL PROGRAM VIOLATION HEARING PROCESS

The Office of Administrative Hearings (OAH) provides written notice of the household member(s) suspected of an IPV at least 30 days in advance of the date an IPV hearing has been scheduled.

Within 90 days of the date the household member is notified in writing that a hearing has been scheduled, OAH will  Conduct the hearing  Arrive at a decision  Initiate administrative action to make the decision effective. The household member or representative is entitled to a postponement of the scheduled hearing, provided the request for postponement is made at least 10 days in advance of the scheduled