713.05 IPV Court of Appropriate Jurisdiction (FSM)

SR 01-17 Dated 06/01

Previous Policy

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OSI is responsible for referring cases for court prosecution. To establish whether an IPV has occurred, civil and criminal charges may be initiated against an individual in a court of appropriate jurisdiction and an Administrative Disqualification Hearing (ADH) may be held, but not simultaneously.

If the individual is found guilty of intentional program violation by a court of law, OSI notifies all parties involved of the disqualification imposed.

A court of appropriate jurisdiction can reverse the disqualification of an individual previously found guilty of intentional program violation through a hearing or a waiver of a hearing. When this occurs, the individual must be reinstated and the households benefits restored.