| REVISED FOOD STAMP DISQUALIFICATION PROCEDURES
FORMS MANUAL REVISION # 12
IM-161 WAIVER OF ADMINISTRATIVE HEARING DISQUALIFICATION CONSENT AGREEMENT
IM-161A WITHDRAWAL OF WAIVER OF ADMINISTRATIVE HEARING DISQUALIFICATION CONSENT AGREEMENT
| This memorandum's purpose is to clarify policy and revise procedures regarding establishing Intentional Program Violations (IPV). Revised procedures, better communication between FSD staff and Welfare Investigation Unit (WIU) investigators, a new WIU/FSD investigation tracking sheet, a revised waiver form, and a new waiver withdrawal form will ensure good customer service while correctly establishing when a disqualification should be imposed. Claim policy discussed in Memorandum IM-#100, dated September 28,2004, works in conjunction with this policy.
The policy and procedures presented in this memorandum are effective immediately.
Upon receiving a suspected program violation (SPV) referral or DOI-1 Referral for Investigation form, WIU decides whether or not to initiate an investigation. When the investigation is complete, WIU may decide to:
Once the decision is made to pursue an administrative disqualification, the WIU investigator needs to work with the county staff to ensure that the Administrative Disqualification hearing (ADH) will be held. The investigator discusses the evidence with the County Manager, and they make a joint decision to pursue the hearing. FSD has responsibility to initiate the ADH.
Procedures and a new tracking form are developed to support the communication process.
Claims that are suspected program violations (SPV) are automatically referred to WIU upon establishment of the claim. It is important that the worker entering the claim records the circumstances and reason for a specific overpayment on the CARS SYSTEM NOTE ADD screen (OVNA) by using the Discovery ID. WIU investigators use the notes entered on this screen to help determine if an investigation is warranted.
In some case situations it may be appropriate to pursue a disqualification, but there is no claim involved, such as in the instance of an apparently fraudulent application for which no benefits are issued. These are referred to WIU using the DOI-1 Referral for Investigation form.
The investigation must be completed and a determination made whether to pursue a criminal or civil prosecution or an ADH. The individual must be clearly advised of his/her rights and the proposed course of action.
WIU Returns Referral Without Investigating
WIU may return the SPV referral or DOI-1 referral to the county office without investigating, in which case the county may still decide to initiate an Administrative Disqualification Hearing (ADH) if they feel there is enough evidence to warrant a hearing. The county manager or designee (other than the worker who made the claim determination or referral) must review the claim or referral and the available evidence before the county initiates the ADH. To initiate the ADH, county staff must:
WIU Decides To Investigate
When WIU completes the investigation and determines that there is sufficient evidence of an IPV, they may opt to pursue an administrative disqualification rather than go to court. The investigator sends the county the FSD/WIU Investigation Tracking Sheet (attachment below) and requests that the county manager call the investigator within two weeks to discuss the circumstances and the evidence, and determine if the evidence is sufficient to pursue an ADH.
NOTE: If WIU interviews the individual as a part of the investigation before contacting the county manager, WIU cannot offer the IM-161.
After the decision is reached, the county manager returns the tracking sheet to the investigator confirming the results of the discussion.
After contacting or attempting to contact the individual, the investigator returns the tracking sheet to the county manager, informing FSD of whether or not the IM-161 was offered. File the tracking sheet in the claim record (or case record, if there is no claim).WIU Recommends an ADH
WIU may recommend that the county initiate an ADH, even if the IM-161 was not offered to the individual. Take action as appropriate:
County staff must initiate the ADH by entering Y in the ADH field on the CARS Change Claim Information (OVCC) screen, and forwarding the form IM-160 Advance Notice of Administrative Disqualification Hearing and a copy of the tracking sheet to the Hearing Unit.
Upon receipt of the IM-160, the Hearing Unit schedules the hearing and mails the hearing packet. The Hearing Unit may or may not include the IM-161 and IM-161A with the hearing packet, as follows:
Individual Waives the Right to the ADH or is Found Guilty in the Hearing
If the individual waives the right to the administrative hearing by signing the IM-161, no action is taken until at least ten days have passed after the waiver is received by WIU, the Hearing Unit, or FSD.
The individual is instructed to return the IM-161A to the county office. Upon receipt of the IM-161A, the worker must immediately forward the IM-161A to the appropriate Hearing Unit or WIU office, as indicated on the form.
If the individual is found guilty of an IPV in the hearing, staff from the Hearing Unit enter the disqualification information on the FAMIS Sanction/Disqualification screen (FMAM).
Use of IM-161 WAIVER OF ADMINISTRATIVE HEARING DISQUALIFICATION CONSENT AGREEMENT
Prior to providing the IM-161, notifying the EU member that the individual can waive his/her right to an ADH, FSD must:
The IM-161 cannot be offered when there is a suspicion of guilt but the evidence is not convincing.
Revisions to IM-161 Waiver of Administrative Hearing Disqualification Consent Agreement
The following changes are made to the IM-161 form:
IM-161A Withdrawal of Waiver of Administrative Hearing Disqualification Consent Agreement
A new waiver withdrawal form, the IM-161A, is developed. This form must be provided with every IM-161 offered. If the individual agrees to waive the ADH and then later changes his/her mind, the individual must sign and return the withdrawal form to the FSD office within five days of receiving the IM-161. The worker must then immediately forward the IM-161A to the appropriate Hearing Unit or WIU office, as indicated on the form.
The Hearing Unit or WIU office sending the form enters the individual's name, address, DCN, and SCN, the name of the hearing officer or investigator, the Hearing unit or WIU office address, and the date the IM-161 is offered.
An initial distribution of the revised IM-161 is being sent to the county offices. Order additional copies from the warehouse as necessary. When the initial distribution is received, destroy or recycle any IM-161 forms with a revision date earlier than 09/04. The Forms Manual instructions have been revised to reflect these changes, and are available on the Intranet on the Forms Instructions page.
An initial distribution of the IM-161A is being sent to the county offices. Until the forms are received in the county office, use the IM-161A form attached to this memorandum. Order additional copies from the warehouse as necessary. The Forms Manual instructions for the use of the IM-161A are available on the DSS Employee Intranet on the Forms Instructions page.
An initial distribution of the FSD/WIU investigation tracking sheet is being sent to the county offices. Until the forms are received in the county office, use the FSD/WIU investigation tracking sheet attached to this memorandum. Order additional copies from the warehouse as necessary.Policy Manual Revisions
The Food Stamp Manual sections discussing disqualifications are being revised and will be available soon.
IM-161A Withdrawal Of Waiver Of Administrative Hearing Disqualification Consent Agreement
FSD/WIU Investigation Tracking Sheet