Section 468-3-007 - INTENTIONAL PROGRAM VIOLATION (IPV)Effective January 1, 2004, an individual who is found to have committed an intentional program violation is disqualified.
007.01DISQUALIFICATION HEARING. A disqualification hearing will be initiated by the Department whenever sufficient documentary evidence has been established to substantiate that a unit member has committed one or more acts of intentional program violation.007.01(A)DETERMINING THE NEED FOR A DISQUALIFICATION HEARING. The following guidelines are used in determining the need for a disqualification hearing: (i) A disqualification hearing must be initiated regardless of the current eligibility status of the individual;(ii) The burden of proving intentional program violation is on the Department; and(iii) A disqualification hearing will not be initiated against an accused individual whose case is currently being referred for prosecution or after any action taken against the accused individual by a court, if the factual issues of the case arise out of the same, or related, circumstances.007.02PENALTY. A period of disqualification is imposed when an individual is found to have committed an intentional program violation. The disqualification applies only to the individual found to have committed the intentional program violation. The period of disqualification may be determined by the Department Director after a hearing, or without a hearing if the individual waives his or her right to a hearing, or by a court. The period of disqualification is: (A) For a first violation, up to one year;(B) For a second violation, up to two years; and(C) For a third violation, permanent disqualification.468 Neb. Admin. Code, ch. 3, § 007
Amended effective 8/29/2022