7 CFR § 273.16(a)(1)-(3)


The Office of Quality Assurance Client Fraud Investigations reviews all referrals received for appropriateness and determines whether to:


If referred for ADH by the Regional Client Fraud Investigator, the accused individual will be offered an ADH waiver and may sign the waiver of their right to an ADH.


A DCA form is sent to the State’s Attorneys and used by the Court only if a conviction is not obtained as a result of:

  • the accused individual being referred to a diversionary program [e.g., Accelerated Rehabilitation (AR)], or 
  • the State elects not to proceed with charges unrelated to the sufficiency of the evidence to support the charges.  

Note:  The DCA also contains the period of time the individual will be disqualified, as requested by DSS. 


The Office of Quality Assurance Client Fraud Investigations is in charge of all SIPV/IPV cases, including but not limited to the following actions:


Workers may be asked to assist IPV determinations by providing information, and attending prehearing interviews or hearings.

SIPV Declined 

7 CFR § 273.16(a)(1)


QA Client Fraud Investigations screens all SIPV referrals for evidence to support a finding that the individual committed or intended to commit an IPV.  If QA Client Fraud Investigations declines the referral because the evidence does not support an IPV finding against the individual, the case is referred back to the Eligibility worker.  The Eligibility worker must establish an AE or IHE claim for any overissuance.

Administrative Disqualification Hearing (ADH) 

7 CFR § 273.15(m)-(p)(1) & 7 CFR § 273.16(a)(1)-(3) and (e)(2)


When the accused individual doesn’t sign a hearing waiver, the  ADH is held to determine if an accused individual committed an IPV.  

Exception:  An ADH is not held if the case was referred to a court for prosecution.


ADHs are held regardless of whether the accused individual is currently approved for SNAP.


Information submitted for the SIPV referral and found during the investigation is used in the ADH.  

Note:  Do not include confidential information, including IEVS information in the hearing record.


The ADH is conducted by a hearing officer who provides a fair and impartial review of the suspected IPV.  The hearing officer advises the individual and/or representative that they may refuse to answer questions during the hearing.  After the hearing, the hearing officer issues a decision confirming or denying the IPV.

Prehearing Interview 

CT Process


The accused individual is sent a: 

  • W-1447, Administrative Disqualification Hearing Process and Rights Information Sheet,
  • W-1448, Prehearing Interview Notice, 
  • W-1449, Waiver of Disqualification Hearing form, and
  • W-1450, Administrative Disqualification Hearing Procedures form.


Prehearing interviews are held with the accused individual and/or representative to:

  • discuss and review the evidence regarding the SIPV,
  • explain the hearing process,
  • explain the waiver process
    • the individual can waive their right to an ADH by signing the W-1449, 
    • the individual has 10 days to provide written notice they are changing their decision to waive the ADH,

Note:  When signing the ADH waiver form, the individual can either: 

  • admit to the facts as presented with the understanding that the disqualification penalty will be imposed, or 
  • choose to not admit that the facts as presented are correct, but voluntarily sign the waiver and have the disqualification penalty imposed.  If the individual admits to the facts as presented, they are admitting guilt.


Note:  If asked to attend, workers should review the case and evidence before the prehearing interview.

 

An advance hearing notice is sent if the individual fails to appear for the prehearing interview.

Combined SNAP and SAGA/TFA ADH 

CT Process


The SNAP ADH can be combined with the SAGA Cash or TFA ADH hearing if:

  • the factual issues are from the same or related events, and
  • the EDG receives prior notice the hearings will be combined. 

Combined ADH and Fair Hearing

7 CFR § 273.16(e)(1)


The ADH can be combined with a fair hearing if:

  • the factual issues are from the same or related events, and
  • the EDG receives prior notice the hearings will be combined.


Follow the timeframes to conduct the ADH.

Exception:  The EDG can waive the 30-day advance notice period.  


Note:  The EDG is not eligible for a separate fair hearing if the hearings are combined to: 

  • settle the amount of the claim, and 
  • determine if an IPV occurred.

Advance Hearing Notice

7 CFR § 273.16(e)(3)(i)-(v)


The hearing officer sends the individual an advance hearing notice by first class mail or certified mail, return receipt requested, at least 30 days before the hearing date. The notice provides the EDG with the following information: 

  • A copy of the W-1450, Administrative Disqualification Procedures;
  • The date, place and time of the hearing;
  • The charges against the individual;
  • A summary of the evidence, and how and where it may be reviewed;
  • The decision will be based only on information supplied by the agency if the EDG member fails to appear;
  • The EDG or representative has 10 days from the hearing date to show good cause for not appearing, and to reschedule;
  • The IPV disqualification penalties, if found guilty;
  • The individual’s hearing rights;
  • Agency contact numbers for additional information; and
  • Information regarding free legal advice.


The hearing officer also notifies the Regional Office Client Fraud Investigations Unit and the Regional Office of the hearing date, time and place.

Postponement

7 CFR § 273.16(e)(2)(iv)


The individual or representative may request a postponement of the hearing at least 10 days before the date of the scheduled hearing. 

  • The hearing must be rescheduled within 30 days.
  • Only one postponement is allowed. 
  • The timeframe for the decision is extended by the same period of time as the postponement.  

Receiving SNAP Pending the ADH

7 CFR § 273.16(e)(5)


The accused individual is allowed to receive SNAP pending the ADH decision, if they:

  • meet all SNAP eligibility rules, and
  • the benefit period has not ended because the EDG failed to reapply.

ADH Process

7 CFR § 273.16(e)(2)(iv) and (4)-(5)


The following occurs within 90 days of the date the accused individual is notified in writing a hearing is scheduled:  

  • The hearing is held. 
  • A decision is made. 
  • The accused individual and the agency are notified of the decision. 


The hearing is held at the scheduled time, regardless if the individual/representative attends the hearing, unless the individual/representative timely requests a postponement.  


The individual/representative has 30 days after the date of the written decision notice to claim good cause. The hearing officer determines good cause. 

For example: Good cause may be given if the reason for failing to appear for the hearing is based upon a timely showing of non-receipt of the hearing notice by the individual.  


A new hearing is held if the hearing officer finds good cause existed, and the previous decision is voided.  The reason and good cause decision are entered in the hearing record.


See Fair Hearings, Attendance, and Process for more information.

ADH Decision 

7 CFR § 273.16(e)(6)-(8)(ii) and (9)(i)-(ii)


The hearing officer bases the ADH decision on clear and convincing evidence showing the individual committed or intended to commit an IPV.  


The decision provides: 

  • the reasons, 
  • evidence,
  • specific SNAP regulations, and 
  • responses to arguments presented by the individual or representative.


The individual cannot request an appeal or another fair hearing of the IPV decision or disqualification penalty through the State agency.  The individual may appeal an ADH decision to the CT Superior Court within 45 days of the date the hearing officer issued the decision.  Court action can change the ADH decision.  If a court reverses the ADH decision: 

  • add the individual back into the case, and 
  • restore any underpaid benefits for the months the individual was disqualified. 


Follow the IPV Establishment procedures when the individual is found guilty of IPV through an ADH.

Waived ADH Hearings

7 CFR § 273.16(f)(1)


Along with the prehearing notice the accused individual is sent a W-1449 notifying them of the suspected IPV and the option to waive an ADH and accept the disqualification.  The same disqualification penalty time periods apply if the individual signs a waiver.

Note:  An ADH hearing is scheduled if the waiver is not signed and returned by the due date. 

Waiver Notice and Agreement

7 CFR § 273.16(f)(1)(i)-(iii) and (2)(ii)


The W-1449, Waiver of Disqualification Hearing, provides the following information:

  • The waiver agreement must be signed by the accused individual.  The head of household must also sign the waiver agreement if they are not the accused individual.
  • A place for dates and signatures of the accused individual and the head of household (if not the accused individual)
  • The date the waiver agreement must be received by DSS to avoid an ADH.
  • The individual’s right to remain silent concerning the charges. 
  • Anything said or signed concerning the charges can be used against them in a court of law.
  • A statement that by signing the waiver agreement the disqualification and reduction in benefits will be imposed, even if the individual doesn’t admit to the IPV facts.
  • Contact number to obtain additional information.
  • A statement that the remaining EDG members are responsible to pay the overpayment claim.
  • An opportunity for the individual to specify whether or not they admit to the IPV facts. 
  • and 
  • the individual’s choice in signing the agreement:
    • I admit to the facts as presented, and understand that a disqualification penalty will be imposed if I sign this waiver, or
    • I do not admit that the facts as presented are correct.  However, I have chosen to sign this waiver and understand that a disqualification penalty will be imposed.


Note:  The individual cannot request an appeal or another fair hearing after they waive their right to an ADH and the disqualification penalty is imposed. The individual may appeal to the Superior Court.  Court action can change the period of disqualification.  


Allow the individual 10 days to provide a written withdrawal of their waiver before taking action on the case.  Schedule an ADH if the individual withdraws their waiver.  Follow the IPV Establishment procedures after the 10 days if the individual doesn’t withdraw their waiver.

Court Process

7 CFR § 273.16(g)(1)(i)-(ii)


DSS may refer cases of SIPV for prosecution to State, Federal, or local courts when IPV occurs for reasons including, but not limited to:

  • committing more than one type of IPV, or
  • receiving large amounts of SNAP benefits obtained by IPV.


The Office of Quality Assurance Client Fraud Investigations Division monitors the case through the court process, and establishes claims when appropriate.


Follow the IPV Establishment procedures when the individual is found guilty of IPV through a court hearing.


Note: The case is referred to an ADH if the court dismisses, drops, or decides not to prosecute the case (declares a finding of “nolle prosequi”).

Deferred Adjudication 

7 CFR § 273.16(h)


Deferred adjudication occurs when a determination of guilt is not obtained from a court because the accused individual: 

  • met the terms of the court order, or
  • is not prosecuted because they met the terms of an agreement with the prosecutor, such as accelerated rehabilitation.


Individuals receiving deferred adjudication are required to sign a DCA agreeing to the disqualification and penalties.


The Office of Quality Assurance Client Fraud Investigations Division monitors the case through the court process and deferred adjudication, and establishes claims when appropriate.


Follow the IPV Establishment procedures when the individual signs a consent agreement.

Advance Notice

7 CFR § 273.16(h)(1)(i)-(ii)(A)-(D)


Before the disqualification consent agreement is signed, the individual receives an advance notice that provides the individual with the following information:

  • A statement that they understand the results of signing the consent agreement (must be signed by the accused individual and the head of household, if not the accused individual).
  • A statement that consenting to disqualification means the individual will be disqualified and benefits will be reduced for the disqualification period, even though the individual was not found guilty of IPV through the court process.
  • A warning about the disqualification penalties and which penalty the individual will receive.
  • A statement that the remaining EDG members are responsible to pay the overpayment claim.