The California Department of Social Services has issued instructions about Administrative Disqualification Hearings (ADH) for CalWORKs and CalFresh. Counties investigate cases of alleged Intentional Program Violation (IPV). These cases are pursued either through administrative or criminal proceedings.
For CalFresh, an IPV is intentionally either making a false or misleading statement; misrepresenting, concealing or withholding facts; or committing any act that violates the Food Stamp Act or the CalFresh program regulations. The county can initiate a CalFresh ADH by informing CDSS State Hearings Division that it has clear and convincing documentary evidence of an IPV.
For CalWORKs, an IPV is intentionally making a false or misleading statement or misrepresenting, concealing or withholding facts; committing any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity; and committing these acts to establish or maintain CalWORKs eligibility or to increase or prevent a reduction in the amount of a CalWORKs grant. The county can initiate a CalWORKs ADH when the county determines that the respondent has committed an ADH based on preponderance of the evidence.
If the case meets the definition of an IPV, the case must be referred to the District Attorney for prosecution or to the ADH process. If the case is not accepted by the District Attorney or the District Attorney does not act on the referral, the county must initiate ADH proceedings.
Upon receipt of an ADH referral, CDSS will give written notice of a state hearing to the respondent at least 30 days before the hearing. The notice of hearing must be either personally served or mailed by first class mail at least 30 days before the hearing. If the respondent no longer receives benefits, the county must verify the respondent’s mailing address prior to mailing the IPV notice. If the hearing notice is returned as undeliverable, the hearing will be postponed to allow the county to verify or obtain a valid mailing address. If the hearing notice continues to be returned as undeliverable, a hearing will not be scheduled until the county obtains another verified address.
If an individual is found to have committed an IPV through the ADH process or the individual signs an ADH waiver, the county must send the individual an Administrative Disqualification Notice using a specified form. (ACL 17-118, November 21, 2017.)