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Page | 300 Once an individual has signed a waiver/consent agreement or been found guilty of an intentional program violation, the violation counts unless it occurred prior to July 1983. If an individual had one or more violations prior to July 1983, the violation(s) only counts as one.

The individual cannot be accused of a second or third IPV for any event that occurred prior to the time frames of the first IPV or during the time the first IPV is pending or awaiting a final hearing decision on the hearing or acknowledging the receipt of the hearing waiver.

The following examples clarify those times when a second or third IPV cannot be alleged:

1. The first IPV occurs on January 5, 1994. The household receives the notice of hearing for the 1st IPV on March 1. The hearing is scheduled for May 15. On March 10, 1994 a 2nd IPV occurs and is discovered. If the State notifies the household before April 15 of its intent to pursue a hearing for the 2nd IPV, that IPV may be included in the May 15 hearing. A subsequent claim against the household could be initiated or increased, but no more than a 6-month disqualification could be imposed for both IPVs.

3. Using the same time frames as above, suppose the individual received the final hearing notice May 25 and was disqualified from June through November. During the 6 month disqualification period the state discovers a 3rd IPV occurred in April 1994. There may not be another disqualification period imposed for this IPV since it occurred prior to the hearing determination of May 25. However, a claim could be established. This claim would be established as an inadvertent household error claim because a hearing may not be held in order to determine an intentional violation since the violation occurred prior to the household's receipt of the final hearing decision.

3. The first IPV occurs on June 10. The household receives the notice of hearing on August 1 and the hearing is held on September 5. The hearing decision is sent on September 29 and the individual is disqualified from October through March. In May the Specialist discovers that a 2nd IPV occurred in August. In this case, the claim must be considered an IHE because it occurred prior to the hearing determination for the 1st IPV.

4. Three serious and different IPVs occur in January and February and are discovered by DSS in March. The household is notified at three different times prior to May 15 that a hearing will be held. The IPVs are serious, with large fiscal claims and the household pleads guilty. Only one disqualification penalty can be imposed because all three violations occurred prior to the hearing determination and the household has had no previous disqualifications.

Only the individual found to have committed the intentional program violation, and not the entire household, will be disqualified. Remaining household members must agree to make restitution within 30 days of the date the demand letter is sent, or the household's monthly allotment will be reduced. The Office of Recoveries and Fraud Investigation (ORFI) will send out the demand letter and ACCESS will automatically enter a recoupment if the household does not respond to the demand letter. Restitution begins during the period of disqualification.

If a court fails to impose a disqualification period, DSS will impose a disqualification period. DSS will impose penalties following instructions in this section unless it is contrary to the court order.

Example: Jane was found guilty of IPVs 06-82, 06-83, 06-95, and 06-97. The IPVS in 1982 and 1983 count as one violation, the 1995 IPV counts as the second violation, and the June 1997 counts as the third.