(a)

1. (1) An administrative hearing file must be prepared on cases referred for an administrative disqualification hearing.
2. (2) The Fraud Investigation Unit of the Office of Security and Compliance of the Department of Human Services will be responsible for preparing the hearing file for cases it has developed with a possible intentional program violation (IPV).
3. (3) The county office will be responsible for preparing the hearing file for all other cases referred for a disqualification hearing.

(b) The administrative hearing file will contain:

1. (1) A completed DHS-1208, Food Stamp/TEA Intentional Program Violation Statement; and

2. (2)

   1. (A) Any supporting documentary evidence upon which the suspected IPV was established.
   2. (B) Examples of documentary evidence include:

(i) Applications;

1. (ii) Change report forms;

   1. (iii) Collateral statements;

      1. (iv) Copies of award letters; and
      2. (v) Verification of resources.
      3. (c) County office.
2. (1) Upon receipt of the notification from the Overpayment Unit of the Secretary’s Office of the Department of Human Services that a case has been referred for an administrative disqualification hearing, the county office will prepare the administrative hearing file.
3. (2) A copy of the file must be submitted to the Office of Appeals and Hearings of the Department of Human Services within seven (7) calendar days of receipt of the referral notification.

4. (3) The original will be retained in the county office.

   1. (d) Fraud Investigation Unit.

5. (1)

   1. (A) The Fraud Investigation Unit will prepare the administrative hearing file for cases it has developed with a possible IPV.

   2. (B) The hearing file will be forwarded to the Overpayment Unit, which will send copies of the file, including documentation gathered by the Fraud Investigation Unit, to the:

      1. (i) County office; and
      2. (ii) Office of Appeals and Hearings.

6. (2)

   1. (A) The case record and original applications will be returned to the county office by the Fraud Investigation Unit.
   2. (B) Neither the case record nor the applications should be destroyed as long as an administrative disqualification hearing is pending.

7. (3)

   1. (A) It is the responsibility of the county office to review this information prior to the hearing and to present the evidence at the hearing.
   2. (B) If any questions arise after receipt of this documentation, the county office should contact the Fraud Investigation Unit prior to the date of the hearing to resolve the issue.

   3. (C)

      1. (i) The DHS-1208 will contain the name of the fraud investigator who prepared the case.
      2. (ii) If this individual is needed for inquiry or testimony at the hearing, the county office should contact the Director of the Fraud Investigation Unit directly to request whatever assistance is needed.