1145.000.00 DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION

1145.055.10 Advance Notice of Your Administrative Disqualification Hearing (IM-160)

IM-#140 November 30, 2005

If an ADH is being pursued, the IM-160 Advance Notice of Your Administrative Disqualification Hearing (IM-160) is prepared by FSD county staff and forwarded to the Hearing Unit when:

  • FSD and WIU agree that the individual may have committed an IPV and
  • the individual has not signed a waiver of hearing rights,

The IM-160 Advance Notice contains:

  • the charge(s) against the individual EU member;
  • a summary of the evidence, and how and where the evidence can be examined;
  • the date, time, and place of the hearing;
  • notification that a determination of IPV results in one of the following disqualifications:
    • For the first violation, a three month disqualification for the violation if the violation occurred prior to June 1, 1983; six month violation if the violation occurred on or after June 1, 1983; twelve month violation if the violation occurred on or after August 22, 1996.
    • For the second violation, a twelve month disqualification if the violation occurred on or after June 1, 1983; 24 month disqualification if the violation occurred on or after August 22, 1996.
    • The third violation results in permanent disqualification.
  • a warning that the decision will be based solely on information provided by the FSD office if the EU member fails to appear at the hearing;
  • a statement that the EU member or representative has ten days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;
  • a statement that the hearing does not preclude the State or federal government from prosecuting the EU member for IPV in a civil or criminal court action, or from collecting the overissuance; and
  • a statement that the individual can call the FSD office to obtain the name and phone number of someone who can provide free legal advice.