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124 misrepresentation by omission on the part of the individual. Consideration should be given to: 1) whether the incorrect or unreported information was known to the individual and 2) whether the individual understood the eligibility and reporting requirements.

The Fraud Investigator is required to proceed against any individual where the evidence supports an IPV by referring the matter to the appropriate authorities for criminal action or initiating the ADH process.

NOTE: The Fraud Investigator may refer a case for prosecution or initiate an ADH regardless of the current eligibility of the individual.

An individual may be charged with an IPV even if the child care application was denied. An over- payment does not have to exist for there to be a determination of an IPV.

The must coordinate LDSS its actions with any corresponding action being taken against the individual under SNAP and/or TANF if the factual issues involved arise out of the same or related circumstances.

D. Notification of ADH

Prior to submitting the “Referral for Administrative Disqualification Hearing” to the State Hearing Authority, the LDSS Fraud Investigator must provide the forms, “Notification of Intentional Program Violation” and “Waiver of Administrative Disqualification Hearing” to the individual accused of committing the IPV. If an individual wishes to waive the ADH, the Waiver of Administrative Disqualification Hearing form must be returned to the LDSS within 10 days from the date notification is sent to the individual in order to avoid submission of the referral for an ADH. If a signed waiver is received, no ADH is conducted and the disqualification period is imposed in accordance with this guidance.

No further administrative appeal procedure exists after an individual waives his/her right to an ADH and a disqualification penalty has been imposed. The disqualification period cannot be changed by a subsequent fair hearing decision; however, the household member is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay or other injunctive remedy by a court of appropriate jurisdiction. Allegations of coercion by the household member, household head, or legal representative to VDSS or the LDSS will negate the waiver and the case must be referred for an ADH.

If no waiver to the ADH is received within 10 days, the LDSS must submit the Referral for Administrative Disqualification Hearing to the Hearings Manager by the 15th day following the date notification was sent to the household. The additional five days allows for possible mail delivery delays. The form must include the following information:

1. Identifying information as requested at the top of the form; 2. Summary of the Allegation(s); 3. Summary of the Evidence; and 4. Copies of documents supporting the allegation.

To determine the appropriate disqualification period for the notification form, the LDSS must determine the number of prior disqualifications an individual may have. Information about prior disqualifications must be verified before deciding on the length of the penalty.