What Is an Administrative Disqualification Hearing (ADH)?

What Counts as an Intentional Program Violation (IPV)? 

An IPV happens when someone lies, hides information or gives false details to get more benefits or stay eligible when they shouldn’t be. This can include: 

• Saying something false on purpose (in writing or speaking) 
• Not reporting income or changes in the household when you are supposed to 
• Hiding facts that would change the amount of help they get 
• Selling or trading your benefits 
• Using benefits that you stole or bought from someone else 
• Doing anything that violates the Food Stamp Act or any federal and state laws and regulations about public assistance  

What Must the Local Agency Do Before Requesting a Hearing? 

Before asking for a hearing, the local agency must: 

• Explain the rules clearly to the person applying for help and document this
• Make sure the person was told that they must give honest and full information 
• Make sure that the person was told what changes they must report (like income or who lives with them) and when they must report these changes 
• Make sure that the person was told about the laws about breaking the rules about giving false information or hiding information that would change their benefits
• Make sure that the person was told how those changes may affect their benefits after reported 

What Proof Is Needed for an IPV? 

To request an ADH, the local agency must have clear and convincing evidence that the person meant to break the rules. Just forgetting to report income or other changes isn’t enough.  

These are some examples of what the local agency could use as evidence:  

• Written proof of unreported income or resources 
• Signed forms showing the person knew their responsibilities but ignored them 
• Records showing the person left out important information on purpose on forms or when talking to the agency workers 

Legal definition: Clear and convincing evidence is “evidence indicating that the thing to be proved is highly probable or reasonably certain.” (Black’s Law Dictionary, 12th ed. 2024) 

Understand the process