359.9 Penalties.
(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 2 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
disqualification 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 department or a social
services district, any person acting on behalf of the department or a social services
district or any witness presented by the department or a social services district,
disclose the existence of the court proceeding in any manner to the hearing officer.
(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, federally funded aid to dependent children or
food stamps, the disqualification period will be postponed until after a re-application
for benefits under the applicable program has been approved.
(2) Once a disqualification penalty has been
imposed against a member of the household or assistance unit, the period of
disqualification continues uninterrupted until completed regardless 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.