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4.3 Administrative Disqualification Hearing

A. Introduction to the ADH

An Administrative Disqualification Hearing (ADH) is an impartial review by a hearing officer of an individual’s actions involving an alleged IPV to determine whether the individual committed an IPV. In order to request an ADH, there must be clear and convincing evidence that demonstrates that an individual committed or intended to commit an IPV. Examples of evidence include, but are not limited to, the following:

1. Written verification of unreported income received by the individual; 2. Verification that the individual was informed of the reporting requirements by their signature on the Child Care Service Application and Redetermination form; or 3. Documented contacts with the individual during the period the IPV is alleged to have occurred in which the individual failed to report information in response to LDSS queries about household circumstances.

NOTE: The examples above do not have to be presented to document intentionality; however, it is likely that such deliberateness can only be shown through the presentation of more than one of these types of evidence.

The LDSS must ensure that the evidence against the individual alleged to have committed the IPV is reviewed by either a supervisor or the LDSS Director for purposes of certifying that such evidence warrants the initiation of the ADH process.

A pending ADH does not affect the individual’s right to receive child care subsidy. The individual alleged to have committed an IPV cannot be disqualified until a hearing officer finds the individual committed an IPV, or the individual signs a waiver of the hearing or is found guilty by the court of law.

B. Child Care Worker Responsibility

It is the responsibility of the Child Care Worker to refer any case to the local fraud investigator in which there is evidence that an IPV has been committed. The Child Care Worker should use the LDSS Fraud Referral form (032-29-0005-01-eng) or another agency approved form to refer the case to the Fraud Unit.

C. Fraud Investigator Responsibility

The Fraud Investigator must conduct an investigation of an allegation that an individual committed an IPV, regardless of the provider’s status with the CCSP. . A determination as to whether an IPV has occurred must be based on careful consideration of the circumstances. A determination must be made that there has been a deliberate misrepresentation of information or facts given or a deliberate