Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions
Rule 37.78.505 - TANF: TANF CASH ASSISTANCE; INTENTIONAL PROGRAM VIOLATION AND DISQUALIFICATION HEARINGS
Current through Register Vol. 6, March 22, 2024
(1) An intentional program violation (IPV) is a willful action which consists of:
(2) If a TANF participant appears to have committed an IPV as defined in (1), the department must initiate administrative disqualification hearing (ADH) procedures to determine if the person should be disqualified from receiving cash assistance.
(3) The individual subject to the ADH must be sent written notification and will be presented with the following:
(4) If the individual does not sign a waiver of the right to an ADH within ten days of the date of the written notification, ADH procedures shall be initiated and the individual alleged to have committed an IPV shall be sent a written notice of the hearing at least 30 days prior to the date of the hearing.
(5) If the participant or the participant's representative cannot be located or fails without good cause to appear at the hearing, the hearing shall be held, but the hearing officer must carefully consider the evidence and determine whether clear and convincing evidence exists that an intentional program violation was committed.
(6) The ADH shall be conducted by an impartial individual appointed or employed by the department as a hearing officer who has not had previous involvement in the individual's case.
(7) An individual charged with an IPV has the right to:
(8) After the ADH, the hearing officer shall issue a written decision to the participant and the department no later than 90 days after written notice is given to the participant of the hearing, unless the hearing has been postponed, in which case the 90-day period shall be extended for as many days as the hearing was postponed. If the written decision is adverse to the participant the decision will notify the participant of the right to appeal to the Board of Public Assistance.
(9) If the hearing officer determines after an ADH has been held that the individual committed an IPV, the department must provide the individual with a written notice of disqualification prior to the commencement of the disqualification period. The notice must contain the following information:
(10) If it is determined through an ADH that an individual committed an IPV or if the individual alleged to have committed an IPV signs a waiver of right to ADH, the period of disqualification shall be:
(11) Disqualification shall begin the first month which follows the date the individual receives written notice of disqualification. Once a disqualification has been imposed, the period of disqualification must continue uninterrupted until completed regardless of the eligibility of the disqualified individual's household.
(12) The determination by the hearing officer that an IPV has occurred cannot be reversed by a subsequent fair hearing decision relating to the same or a similar issue.
(13) During the disqualification period, the income and resources of the disqualified individual shall be counted in their entirety, but the disqualified individual shall not be included as a member of the assistance unit in determining the size of the assistance unit.
(14) During the disqualification period, the disqualified individual shall lose his or her portion of the monthly cash payment and/or any other TANF Cash Assistance benefits.
53-4-212, MCA; IMP, 53-2-201, 53-4-211, 53-4-601, MCA;