Current through September 24, 2024
Individuals referred for prosecution for intentional program
violation may be allowed to sign disqualification consent agreements in cases
of pre-trial diversion. The procedures are outlined in this section.
(1) Advance Notification. The accused
household member shall be provided with advance written notification of the
consequences of consenting to disqualification in cases of pre-trial diversion.
The written notification shall include at a minimum:
(a) A statement for the accused individual to
sign that he/she understands the consequences of consenting to
disqualification, along with a statement that the head of household must also
sign the consent agreement if the accused individual is not the head of
household.
(b) A statement that
consenting to disqualification will result in disqualification and a reduction
in benefits for the period of disqualification, even though the accused
individual was not found guilty of civil or criminal misrepresentation or
fraud.
(c) A warning that the
disqualification penalties for intentional program violation under the Food
Stamp Program which could be imposed are: a six month disqualification for the
first violation, 12-month disqualification for the second violation, and
permanent disqualification for the third violation; and a statement of which
penalty will be imposed as a result of the accused individual having consented
to disqualification.
(d) A
statement of the fact that the remaining household members, if any, will be
held responsible for repayment of the resulting claim, unless the accused
individual has already repaid the claim as a result of meeting the terms of the
agreement with the prosecutor or the court order.
(2) Imposition Of Disqualification Penalties.
If the household member suspected of intentional program violation signs the
disqualification consent agreement, the household member shall be disqualified
in accordance with Section 1240-1-20-.02.
(3) Notification Of Disqualification. If the
household member suspected of intentional program violation signs the
disqualification consent agreement, the Department shall provide written notice
to the household as follows:
(a) The household
member who is being disqualified shall be informed of the disqualification and
the date the disqualification will take effect.
(b) The remaining household members, if any,
shall be notified of the allotment they will receive during the period of
disqualification or that they must reapply because the certification has
expired. In addition, the Department shall provide a written demand letter for
restitution as described in Section 1240-1-20-.07.
Authority: T.C.A. §§ 14-27-115,
14-27-114; 7 CFR
273.16(h).
