Form Dpa 435 - County Allegation Of Intentional Program Violation/statement Of Position (Request For An Administrative Disqualification Hearing) Page 3

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State of California – Health and Human Services Agency
California Department of Social Services
APPLICABLE AUTHORITY:
Cite applicable regulations which make this an IPV and those regulations establishing the
appropriate penalty period for the case.
All sections cited refer to the Manual of Policies and Procedures (MPP) unless otherwise noted.
Section 22-305.42 defines an Intentional Program Violation (IPV) in the CalWORKs program as
an action by an individual for the purpose of establishing or maintaining the family’s eligibility
for CalWORKs or for increasing or preventing a reduction in the amount of the grant, which is
intentionally:
.421
A false or misleading statement or misrepresented, concealed, or withheld facts; or
.422
Any act intended to mislead, misrepresent, conceal, or withhold facts or propound a
falsity.
Neither Chapter 20-350 nor 22-300 prescribes a burden of proof for CalWORKs IPV cases decided
in the administrative hearing. Absent a specified burden of proof, the California Department of Social
Services (CDSS) will apply the preponderance of the evidence standard.
Section 20-300.1 defines a CalFresh IPV as having intentionally:
.11
Made false or misleading statement, or misrepresented, concealed, or withheld facts, or
Committed any act which constitutes a violation of the Food Stamp Act, the CalFresh
program regulations, or any state statute relating to the use, presentation, transfer,
acquisition, receipt or possession of CalFresh benefits.
Section 22-220.3 provides that any determination of a CalFresh IPV which is made in such a decision
shall be based upon clear and convincing evidence.
Section 20-353.11 (CalWORKs) provides that individuals found to have committed a CalWORKs IPV
shall be ineligible to receive CalWORKs benefits as follows:
.111
Six months for the first violation
.112
Twelve months for the second violation
.113
Permanently for the third violation
Section 20-353.12 provides that individuals found to have committed an IPV based on submitting
more than one application for the same period of time and for the purpose of receiving more than one
grant of aid;
or
DPA 435 (1/18)
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