Current through Register No. 40, October 3, 2024
(a) A violation of
RSA
167:7-b,I shall have occurred if the
electronic benefit transfer (EBT) card assigned to the individual designated as
the EBT cardholder, or cash obtained with the EBT card, was used at a business
described in RSA
167:7-b,II, as determined by the EBT record
of transaction indicating usage of the EBT card at a point-of-sale (POS) device
or ATM machine that is located within the walls of the place of
business.
(b) A finding of a
violation pursuant to (a) above shall result in the application of the
suspension provisions at
RSA
167:7-b,I, pursuant to (c) below, subject to
the administrative appeals process described in He-C 200.
(c) For the purposes of applying suspension
provisions in accordance with
RSA
167:7-b,I, the following shall apply if the
individual designated as the EBT cardholder is a member of the assistance group
(AG):
(1) Subject to opportunity for a hearing
through the administrative appeals process described in He-C 200, the
suspension of cash assistance benefits shall be applied beginning the first
semi-monthly payment period following the date that a violation of
RSA
167:7-bhas been discovered, pursuant to (a)
above; and
(2) Financial assistance
benefits for the AG during the suspension period shall be determined by:
a. Recalculating eligibility based on
removing the person who has been designated as the EBT card holder as an
eligible individual from the AG, while counting that individual's income,
resources, and expenses for the AG in order to determine the sanction
amount;
b. Deducting any other
sanctions currently being applied to the AG from the amount derived in (2) a.
above;
c. Dividing the amount
obtained in (2) b. above by 2, to determine the 2 semi-monthly payments
pursuant to He-W 670.04; and
d. Removing the sanction amount as determined
in (2) c. above from the AG's EBT card for the number of payment periods
required by RSA
167:7-b,I.
(d) If the person who has been designated as
the EBT card holder is not a member of the AG and a violation of
RSA
167:7-b,I has occurred pursuant to (a) above,
then the following shall apply, subject to a hearing which may be requested
through the administrative appeals process described in He-C 200:
(1) The person who has been designated as the
EBT card holder shall reimburse the state for the funds used at the restricted
location within 15 days of the notice of the violation or under such repayment
terms as is agreeable to both the department and the person, pursuant to (h)
below; and
(2) The members of the
AG shall designate a new EBT card holder within 15 days of the notice of the
violation.
(e) Failure
to reimburse the state within the timeframes pursuant to (d) (1) above shall
result in a fraud referral to the department of justice, office of the attorney
general.
(f) Failure to designate a
new EBT cardholder within the timeframes pursuant to (d) (2) above shall result
in termination of financial assistance for the entire AG.
(g) For the purpose of this section:
(1) The phrase "gaming establishment"
referenced in RSA
167:7-b,II(c), shall:
a. Include commercial and charitable bingo
halls, card halls, or race tracks, even if the gaming provided is through
video, rather than live, events; and
b. Not include establishments such as, but
not limited to, grocery stores or convenience stores, whose only gaming
activity is in the sale of lottery tickets or lucky 7 tickets and the sale of
these tickets is secondary to the establishment's sales of other goods
unrelated to gaming;
(2)
The phrase "retail establishments which provide adult-oriented entertainment"
referenced in RSA
167:7-b,II(d) shall include:
a. Establishments in which greater than 50%
of visible inventory being sold or rented, is material, as defined in
RSA
650:1,III, in which performers disrobe or
perform in an unclothed state for entertainment; and
b. Establishments which provide on or
off-site adult-oriented entertainment for such venues commonly referred to as,
but not limited to, bachelor parties or peep shows, in which performers disrobe
or perform in an unclothed state for entertainment; and
(3) The phrase "off-premises retail licensees
that exclusively or primarily sell beer, wine, or other alcoholic beverages"
referenced in RSA
167:7-b, II(b) shall:
a. Include any establishments in which
greater than 50% of visible inventory is beer, wine, or other alcoholic
beverages; and
b. Not include
establishments that have been certified as a food stamp retailer, pursuant to
7 CFR
278.1.
(h) For purposes of (d) (1) above, repayment
terms shall be considered agreeable to both the department and the person when
the individual designated as the EBT cardholder has:
(1) Contacted the special investigations unit
(SIU) to discuss a repayment plan within the time period described in (d) (1)
above;
(2) Provided the following
information on the repayment plan:
a. Date of
birth;
b. Mailing address;
and
c. Case number, if the
individual is a member in another AG; and
(3) Within 15 days of the date of the
repayment plan agreement, returned the repayment plan agreement with his or her
dated signature attesting to the amount, frequency, and dates of the partial
payments that he or she shall make until the amount used at the restricted
location is paid in full.
#10495, eff
1-1-14
The amended version of this section by
New
Hampshire Register Number 10, eff.
2/21/2024 is not yet
available.
