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18304 WITHDRAWAL FROM AN IPV HEARING PROCESS

If it is determined that a SPV needs to be withdrawn from the IPV hearing process, written notice indicating the reasons for the withdrawal will be submitted to OAH by ORFI program staff with a cc to SNAP staff.

18305 SCHEDULING OF HEARING FOR IPV

The time and place of the hearing must be accessible to the household member suspected of intentional program violation. If the household member cannot be located or fails to appear at a hearing without good cause, the hearing will be conducted without the individual being represented. Even though the household member is not represented, the administrative hearing officer is required to carefully consider the evidence and determine if an intentional program violation was committed.

If a decision of intentional program violation is rendered and the officer later determines that the individual had good cause for not appearing, OAH will conduct a new hearing. The individual has 10 days from the date of the scheduled hearing to present reasons indicating good cause for failure to appear.

18306 WAIVED IPV HEARINGS

Accused individuals will be allowed to waive their rights to an administrative disqualification hearing as set forth in this section.

Individuals accused of their third intentional program violation may not waive their right to an administrative disqualification hearing.

18307 ADVANCE NOTIFICATION OF HEARING DECISION

OAH or ORFI provides written notice to a household member suspected of intentional program violation informing that they can waive their right to an administrative disqualification hearing. A waiver may not be used for the third alleged IPV. In cases involving a third alleged IPV, an administrative disqualification hearing must be held, unless the case is prosecuted.

18308 NOTIFICATION OF IPV HEARING DECISION

The Office of Administrative Hearings will mail a written decision to the household notifying them of their decision.

If the administrative disqualification officer finds that the household member did not commit an Intentional Program Violation, ORFI will change the claim from an SPV to an IHE.

If the administrative disqualification officer finds that the household member committed an intentional program violation, DSS will mail a written notice (ACCESS NIPV Notice) to the household member prior to disqualification. The notice will:

1. Inform household member of the disqualification time period; and