Current through Register Vol. 46, No. 39, September 25, 2024
(a) Individuals
found to have committed a public assistance-IPV, either through an
administrative disqualification hearing or by a court of appropriate
jurisdiction, or who have signed either a waiver of right to an administrative
disqualification hearing or a disqualification consent agreement, will be
ineligible, individually or as a member of an assistance unit, to receive
public assistance:
(1) for six months for the
commission of a first public assistance-IPV; or
(2) for 12 months for the commission of a
second public assistance-IPV or when the offense results in the wrongful
receipt of benefits in an amount between $1,000 and $3,900; or
(3) for 18 months for the commission of a
third public assistance-IPV or when the offense results in the wrongful receipt
of benefits in an amount in excess of $3,900; or
(4) for five years for the commission of a
fourth or subsequent public assistance-IPV.
Findings of the commission of intentional program
violations in the ADC and HR programs prior to August 20, 1997 must be
considered in determining the sanction to be imposed for a public
assistance-IPV.
(b) The sanction in subdivision (a) of this
section is in addition to, and not in substitution for, any other sanctions
which may be provided for by law with respect to the offenses involved.
However, the social services official or court official assessing penalties
against a public assistance recipient for an act of fraud or misrepresentation
may consider whether to impose such penalties based upon the existence of the
penalties described in subdivision (a) of this section.
(c) Individuals found to have committed an
FS-IPV, either through an administrative disqualification hearing or by a court
of appropriate jurisdiction, or who have signed either a waiver of right to an
administrative disqualification hearing or a disqualification consent
agreement, will be ineligible to participate in the Food Stamp program:
(1) for one year for the commission of a
first FS-IPV;
(2) for two years
upon:
(i) the commission of a second FS-IPV;
or
(ii) the first occasion of a
finding by a Federal, State, or local court of the trading of a controlled
substance for coupons; and
(3) permanently upon:
(i) the commission of a third FS-IPV;
or
(ii) the second occasion of a
finding by a Federal, State, or local court of the trading of a controlled
substance for coupons; or
(iii) the
first occasion of a finding by a Federal, State, or local court of the trading
of firearms, ammunition, or explosives for coupons; or
(iv) the conviction of an offense for
knowingly using, transferring, acquiring, altering or possessing food stamp
coupons, authorization to participate cards or access devices in any matter not
authorized by this Part if such food stamp coupons, authorization to
participate cards or electronics devices have a value of $500 or
more.
(d) If
a court of appropriate jurisdiction determines that an individual has engaged
in conduct that would constitute an intentional program violation in accordance
with the standards described in section
359.3 of
this Part, the social services district must impose the penalties specified in
this section, except as otherwise set forth below:
(1) Notwithstanding the provisions of this
section, an individual found guilty of an intentional program violation must be
disqualified from the public assistance or Food Stamp program for the length of
time specified by the court, if the court has imposed a disqualification period
for such a violation.
(2) With
respect to an FS-IPV, if a court fails to impose a disqualification period, the
social services district must impose the disqualification penalties specified
in subdivision (c) of this section, unless such imposition is contrary to the
court order. With respect to a public assistance-IPV, if a court fails to
impose a disqualification period, the social services district may impose the
disqualification penalties for a public assistance-IPV as specified in
subdivisions (a) and (b) of this section.
(3) If disqualification is ordered by a
court, but a date for initiating the disqualification period is not specified,
the social services district must initiate the disqualification period for
currently eligible individuals within 45 days of the date the disqualification
was ordered.
(4) If
disqualification is not ordered by a court, but disqualification must be
imposed as the result of a criminal or civil court determination finding that
an individual has engaged in conduct that constitutes an intentional program
violation, the social services district must initiate the disqualification
period for currently eligible individuals within 45 days of the date of the
court determination.
(5) No
individual may be sanctioned for a public assistance-IPV on the basis of a
conviction in a State or Federal court if that conviction is based on a plea of
guilty unless the individual was advised on the record in the court proceeding
that his or her conviction may serve as the basis for disqualification from
receipt of public assistance benefits and in writing prior to or at the time of
entry of the plea of the disqualification provisions contained in this section.
An individual not so advised may, however, be subject to an administrative
disqualifi cation hearing on the same set of facts as the court proceeding,
provided that neither the conviction itself nor the records of the court
proceeding may be used in any manner in the administrative disqualification
hearing, nor may the office or a social services district, any person acting on
behalf of the office or a social services district or any witness presented by
the office or a social services district, disclose the existence of the court
proceeding in any manner to the hearing officer prior to the entry of the
plea.
(e) The social
services district must disqualify from the appropriate program(s) the
individual(s) found to have committed an intentional program violation, or who
have signed a waiver of right to an administrative disqualification hearing or
disqualification consent agreement in cases referred for prosecution, but not
the entire assistance unit or household of such individual(s), except as
provided in subdivision (f) of this section.
(1) A disqualified individual is ineligible
to participate in a program from which he or she is disqualified for the
periods provided in this section.
(2) If an individual signs a disqualification
consent agreement, the period of disqualification will begin within 45 days of
the date the individual signed the disqualification consent agreement unless
the disqualification consent agreement is incorporated into a court
determination issued at a later date or a court determination has specified the
date for initiating the disqualification period, in which event the social
services district will disqualify the individual in accordance with the court
order.
(3) If an individual signs a
waiver of right to an administrative disqualification hearing or has been found
to have committed an intentional program violation through an administrative
disqualification hearing, the period of disqualification will begin with the
first month which follows the date the individual receives written notification
of disqualification after having been found to have committed an FS-IPV, and
must begin no later than the first day of the second month which follows the
date of the notice of disqualification after having been found to have
committed any other intentional program violation.
(f) The remaining members of the household
which contained an individual who has been found to have committed an FS-IPV
must agree to make full restitution within 10 days of the date that the social
services district's demand letter is mailed, or the household's monthly
allotment will be reduced. If the remaining household members agree to make
full restitution but fail to do so, the social services district must reduce
the household's monthly food stamp allotment. Restitution must begin during the
period of disqualification imposed by the social services district or a court
of law. Any public assistance overpayment must be recovered in accordance with
the provisions of section
352.31
of this Title.
(g) If there is a
determination that a member of the household or assistance unit has committed
an intentional program violation, the social services district must take
immediate action to send the individual a notice of disqualification as set
forth in section
359.10
of this Part.
(1) In the case of an
individual who is not currently in receipt of public assistance, the
disqualification period will be postponed until after a reapplication for
benefits has been approved.
(2) The
disqualification period for a FS-IPV will begin on the date of imposition of
the FS-IPV regardless of whether the person is currently a recipient of food
stamp benefits.
(3) Once a
disqualification penalty has been imposed against a member of the household or
assistance unit, the period of disqualification continues uninterrupted until
completed regard less of the eligibility of the other members of the household
or assistance unit. However, the disqualified member's household or assistance
unit continues to be responsible for repayment of any overpayment or
over-issuance which resulted from the disqualified member's intentional program
violation regardless of the household's or unit's eligibility for home relief,
aid to dependent children or food stamps.
(h) Social services districts must report to
the department information on individuals who have been found to have committed
an intentional program violation by a hearing decision or a court or who have
signed a waiver of hearing or a DCA. The following data must be submitted on
each individual:
(1) full name;
(2) social security number;
(3) date of birth;
(4) number of disqualification(s) (1st, 2nd,
3rd, etc.);
(5) date
disqualification took effect for a currently otherwise eligible individual;
and
(6) length of disqualification
imposed or to be imposed.
This information is to be submitted no later than 20 days
after the date the disqualification took effect, or would have taken effect for
a currently ineligible individual, the imposition of whose disqualification
penalty will not be imposed until the individual becomes eligible for
assistance or benefits. This information is to be updated by social services
districts where appropriate.
