Administrative Disqualification Hearings for Food Assistance
Revised: April 11, 2023
Purpose:
WAC 388-446-0015 What is an Intentional program violation (IPV) and administrative disqualification hearings (ADH) for food assistance.
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Clarifying Information, Administrative Hearing Coordinator Responsibilities, and Final Agency Decision
Clarifying Information:
WAC 388-446-0015 - Intentional Program Violation (IPV) and Administrative Disqualification Hearings (ADH) for Food Assistance
1. An Intentional Program Violation (IPV) of the Food Assistance program can be determined by a decision in an Administrative Disqualification Hearing (ADH) or by a decision of the court in a criminal prosecution.
2. A person suspected of an IPV can choose to waive their right to an ADH by signing a Waiver of Administrative Disqualification Hearing (Form 12-212) to accept the IPV penalty under WAC 388-446-0020.
3. The department must decide whether to refer an IPV instance for prosecution or for an ADH; both procedures shall not be pursued at the same time. Upon completion of an ADH, the department may choose to then refer the case for prosecution.
4. Separate instances of suspected IPV may be combined into one complaint that totals more than $85 for current recipients, or $125 or more for inactive recipients. See FRAUD
5. The department must prove the 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.