Current through Register Vol. 46, No. 39, September 25, 2024
(a) The social services district must refer a
case involving a public assistance-IPV, or FS-IPV in which it believes the
facts warrant civil or criminal prosecution to the appropriate district
attorney, or to any other prosecutor authorized to act on the matter, and not
to the office for an administrative disqualification hearing. This subdivision
will not apply in instances in which the social services district has received
prior notification from the district attorney or other equivalent prosecutor
that the amount of any overpayment or over-issuance determined by the district
to exist is less than the amount which the appropriate official has deemed
sufficient for prosecution, provided that the social services district has not
been notified by any other prosecutor authorized to act on the matter that such
prosecutor intends or desires to prosecute such matter. The office may not
reverse a determination following an administrative disqualification hearing
for lack of compliance with the provisions of this subdivision.
(b) Disqualification consent agreement (DCA).
(1) A DCA must be in a format prescribed by
the department and must include:
(i)
notification to the accused individual of the consequences of signing the
agreement and consenting to a disqualification penalty;
(ii) a statement for the accused individual
to sign indicating that he or she understands the consequences of signing the
agreement, along with a statement that any caretaker relative or head of
household must also sign the agreement if the accused individual is not the
caretaker relative or head of household;
(iii) a statement that signing the agreement
will result in disqualification of the accused individual and reduction or
discontinuance of assistance or food stamps for the disqualification period,
even if the accused individual was not found guilty of civil or criminal
misrepresentation or fraud;
(iv) a
statement describing the disqualification period which will be imposed as a
result of the accused individual's signing the agreement; and
(v) a statement that the remaining members of
the household or assistance unit, if any, will be held responsible for
repayment of the overpayment or over-issuance, unless the accused individual
has already repaid the overpayment or over-issuance as a result of meeting the
terms of any agreement with the prosecutor or any court order.
(2) When a case is referred in
accordance with this section to the appropriate district attorney, or to any
other prosecutor authorized to act on the matter, and is accepted for
prosecution, the prosecutor may choose to settle the case or a court of
appropriate jurisdiction hearing the case may issue a pre-determination
disposition order, such as an order adjourning the case in contemplation of
dismissal, provided that full restitution is made. In such cases, the social
services district may use a DCA as described in paragraph (1) of this
subdivision.
(3) Social services
districts which contemplate the use of DCA's must enter into written agreements
with the appropriate prosecutors which give the social services districts
opportunity to send advance written notification of the consequences of signing
a DCA to the assistance unit or household when deferred adjudication is
contemplated.
(4) If the prosecutor
requests or authorizes a social services district to assist in obtaining a DCA
as described in paragraph (1) of this subdivision, a copy of the DCA, together
with the notification of the consequences of signing the DCA as described in
subparagraph (1)(i) of this subdivision must be provided to the accused
individual at least 10 days prior to the execution of the DCA and the accused
individual must be advised that he or she may obtain a legal or other
authorized representative for counsel and advice prior to and at the time the
DCA is executed by such accused individual.
