What is an Intentional Program Violation (IPV)?
If the DA decides not to pursue a criminal action against you, DSS will charge you with an Intentional Program Violation. An Intentional Program Violation occurs when DSS thinks that you committed civil (not criminal) fraud. You will get an IPV packet in the mail telling you why DSS believes you committed an IPV and when your hearing is scheduled. The issue at the hearing will be whether you intended to misrepresent or conceal information in order to get benefits. The burden is on DSS to show the judge through clear and convincing evidence that you committed the intentional program violation. What must DSS prove at the hearing? DSS has a heavy burden of proof at the Administrative Disqualification Hearing. They must show that you ‘intentionally ‘withheld or misrepresented or concealed income or information to get any, or increased benefits. Merely making a mistake, or checking the wrong box on a questionnaire, or not telling your worker about wages in a timely manner is not enough to p
