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Subject: SNAP Claims and Issuances
Policy 24.22 Date of Last Review: 11/30/2023 Effective Date: 08/15/2019 Date of Next Review: 11/30/2026 RDA: SW22 Page 7 of 15 5. For further details, see Policy 2.00 Suspected Intentional Program Violations and Intentional Program Violations. G. Administrative Disqualification Hearing TDHS shall conduct administrative disqualification hearings for individuals accused of IPV in accordance with the requirements and procedures outlined in Section 1240-5-14-.04 of the Administrative Procedures rules. H. Waived Administrative Disqualification Hearing An individual is allowed to waive his/ her right to an administrative disqualification hearing (ADH) in accordance with the requirements and procedures outlined in Section 1240-5-14-.05 of the Administrative Procedures rules. Staff shall refer to HS-3247 Waiver of Administrative Disqualification Hearing. I. Court Referrals TDHS shall refer appropriate cases of alleged IPV for prosecution by a court of appropriate jurisdiction in accordance with the procedures and requirements outlined in Section 1240-5-14- .06 of the Administrative Procedures rules. J. Pre-Trial Diversion Individuals referred for prosecution for IPV may be allowed to sign HS-3245 Disqualification Consent Agreement. K. Collecting Claims against Households 1. Criteria for Initiating Collection Action For inadvertent HH and administrative error claims, TDHS will initiate collection action against the HH on all inadvertent HH or administrative error claims unless the claim is collected through offset or one of the following conditions applies: a. The total amount of the claim is less than thirty-five dollars ($35), and the claim cannot be recovered through a SNAP benefit allotment reduction. Collection action on these claims will be initiated at times when multiple claims of under thirty-five dollars ($35) total thirty- five dollars ($35) or more. b. TDHS has documentation which shows that the HH cannot be located. c. An inadvertent HH error claim is being referred for possible prosecution or for administrative disqualification, and TDHS determines that collection action will prejudice the case. In these instances, collection action may be postponed. 2. Intentional Program Violation Claims If a HH member is found to have committed an IPV (by an ADH official or a court of appropriate jurisdiction) or has signed a waiver of right to an ADH, or a disqualification consent agreement, TDHS shall initiate collection action against the individual/household, unless one of the following conditions applies: a. The HH has repaid the over issuance already,