Section 16.03.04.700 - ADMINISTRATIVE RESPONSIBILITY FOR ESTABLISHING IPVThe Department must investigate and refer cases for an IPV determination. If there is enough recorded evidence to establish an IPV, the Department must take the actions listed below:
01.Act to Collect. The Department must act to collect overissuances. The Department must set up IHE overissuance claims when a suspected IPV claim is not pursued under administrative or prosecution procedures.02.Obtain Administrative Disqualification. The Department pursues administrative disqualification when:a. The case facts do not warrant civil or criminal prosecution.b. The case referred for prosecution was declined.c. The case was referred for prosecution and no action was taken in a reasonable time.d. The case was referred for prosecution, but the case was withdrawn by the Department.03.Do Not Obtain Administrative Disqualification. The Department must not pursue an administrative disqualification in cases:a. Being referred for prosecution.b. After any prosecutor action against the accused if the case issues are the same or related circumstances.Idaho Admin. Code r. 16.03.04.700