Clarifying Information- WAC 388-446-0015

We can combine separate instances of suspected Intentional Program Violation (IPV) for food assistance into one complaint that totals more than $85 for current recipients, or more than $125 for inactive cases. Suspected IPVs may be presented an Administrative Disqualification Hearing (ADH). (See ADMINISTRATIVE DISQUALIFICATION HEARINGS for ADH Worker Responsibilities)

Trafficking is when someone attempts to sell, exchange food benefits for anything of value such as cash, drugs, weapons, or anything other than food from an authorized retailer.

The department must prove an IPV with clear and convincing evidence. This means that the evidence must establish that it is highly probable the actions that resulted in the overpayment were intentional.

An IPV can be determined either by a court decision in a criminal prosecution or by decision in an ADH.

We must choose whether to refer an IPV instance for prosecution or for an ADH; we don't pursue both procedures at the same time. Upon completion of an ADH, we may choose to refer the case for prosecution.