359.2 Applicability.
(a) The department and social services districts have the
responsibility for investigating the alleged commission of intentional program violations
and ensuring that the procedures set forth in this Part are followed.
(b) Subject to the provisions of section 399.11 of this Title, any
matters or procedures commenced pursuant to Part 399 prior to the effective date of this
Part will be continued in accordance with the provisions of this Part as if the matter had
been commenced in accordance with this Part.
(c) Administrative hearings for public assistance-IPV and FS-IPVs may
be scheduled by the office, provided that not more than six years have elapsed between the
month an individual committed an intentional program violation and the date on which the
social services district discovered the intentional program violation, and the office
determines that there is evidence to substantiate that an intentional program violation
has occurred.
(d) Unless specifically granted written authorization to proceed
directly on an FS-IPV by either a social services official or his or her authorized
representative or the appropriate district attorney, or by any other prosecutor authorized
to act on the matter, on the grounds that to do otherwise would prejudice the prosecution
of an FS-IPV allegation, a social services district must initially treat the allegation as
an inadvertent household error in accordance with Part 387 of this Title prior to either
referring the case to the district attorney or processing the allegation for an
administrative disqualification hearing. A social services district's failure to comply
with the provisions of this subdivision will not affect the department's determination at
a hearing conducted pursuant to this Part or a court's determination when an allegation is
referred by a social services district to the appropriate district attorney or any other
prosecutor for prosecution. Non-compliance with the provisions of this section will not
affect the amount of any food stamp allotment reduction authorized in section 359.9(f) of
this Part after a hearing decision is issued that an FS-IPV has occurred.