Page 1705

West Virginia Income Maintenance Manual Chapter 20

West Virginia Income Maintenance Manual Page 70 Chapter 20 Emergency and Special Assistance Programs

• Second offense: Two years • Third offense: Permanent 20.5.9.B.3 Establishing the Claim An IPV can only be established in the following ways: • The client will be provided with an Advanced Notice of Administrative Disqualification letter, AND • The client signs a Waiver of Rights to an Administrative Disqualification Hearing (ADH) (Note: These forms are only used by IFM Workers and Hearings Officers. When the client waives his right to an ADH, the disqualification cannot be changed by a subsequent Fair Hearing.), or • By an ADH decision, or • By a Diversionary Consent Agreement, or • By court decision. 20.5.9.C Fair Hearings The Fair Hearing process for Summer EBT will be conducted in a manner consistent with fair hearings of other DoHS administered benefits. SEBT has been added to Chapter 700 of the Office of Inspector General’s Common Chapters. If a student family does not agree with the decision of DoHS, they are entitled to a fair hearing. The student family must complete the DFA-FH-1 and submit it to the local DoHS office within 90 days after the end of the summer operational period. The Office of Inspector General, Board of Review (BOR) has the oversight authority to ensure an equitable fair hearing process. The Board of Review is the only body that can make fair hearing determinations. Final decisions by the BOR are appealable to the Intermediate Court of Appeals of West Virginia.

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Page 1705

Official source

West Virginia Income Maintenance Manual Chapter 20

West Virginia Income Maintenance Manual Page 70 Chapter 20 Emergency and Special Assistance Programs

• Second offense: Two years • Third offense: Permanent 20.5.9.B.3 Establishing the Claim An IPV can only be established in the following ways: • The client will be provided with an Advanced Notice of Administrative Disqualification letter, AND • The client signs a Waiver of Rights to an Administrative Disqualification Hearing (ADH) (Note: These forms are only used by IFM Workers and Hearings Officers. When the client waives his right to an ADH, the disqualification cannot be changed by a subsequent Fair Hearing.), or • By an ADH decision, or • By a Diversionary Consent Agreement, or • By court decision. 20.5.9.C Fair Hearings The Fair Hearing process for Summer EBT will be conducted in a manner consistent with fair hearings of other DoHS administered benefits. SEBT has been added to Chapter 700 of the Office of Inspector General’s Common Chapters. If a student family does not agree with the decision of DoHS, they are entitled to a fair hearing. The student family must complete the DFA-FH-1 and submit it to the local DoHS office within 90 days after the end of the summer operational period. The Office of Inspector General, Board of Review (BOR) has the oversight authority to ensure an equitable fair hearing process. The Board of Review is the only body that can make fair hearing determinations. Final decisions by the BOR are appealable to the Intermediate Court of Appeals of West Virginia.