608-2 ADMINISTRATIVE DISQUALIFICATION HEARINGS
The caseworker will refer cases that have documented evidence showing an over issuance was caused by an intentional program violation (IPV) to the Fraud Control Unit. See MS 607-3A for the definition of an intentional program violation. The Fraud Control Unit will determine whether the case is referred for possible criminal prosecution or an administrative disqualification hearing.
With supervisory approval, the caseworker will complete a Fraud Complaint form (GEN 40), attach the documentation, and submit it to the Fraud Control Unit. The caseworker may make a referral regardless of the current eligibility of the person, the status of the case, or whether a program loss occurred.
An administrative disqualification hearing finding of an act of intentional program violation disqualifies the household member from participating in SNAP and initiates procedures for claims collection. Remaining household members may continue to participate, if otherwise eligible. Claims cannot be collected as an intentional program violation until convicted in court or in an administrative disqualification hearing, unless the person signs a waiver of the right to a disqualification hearing.
608-2 A. INITIATING ADMINISTRATIVE DISQUALIFICATION HEARINGS
An administrative disqualification hearing can be initiated whenever the agency has documented evidence to substantiate that a certified household member has intentionally violated SNAP rules. An administrative disqualification hearing is not generally held if the amount of the overissuance is less than $100 or the case has been referred for criminal prosecution.
Cases referred for administrative disqualification hearings include:
Cases where the Fraud Control Unit staff believe the case facts do not warrant prosecution through the court system; and
Cases previously referred for criminal prosecution but for which prosecution did not occur.
608-2 B. PENALTIES FOR INTENTIONAL PROGRAM VIOLATIONS
Disqualification penalties will be imposed on persons who commit intentional program violations.
Persons found guilty of intentional program violations through an administrative disqualification hearing, by a court, or who signed a waiver of right to an administrative disqualification hearing, are ineligible to participate in SNAP. The duration of the penalty range from 12 months to permanent disqualification, depending on the type of violation.
A person found to have intentionally broken SNAP rules will be disqualified for 12 months for the first violation, 24 months for the second violation, and permanently for the third violation.
A person found to have intentionally broken SNAP rules involving a controlled substance will be disqualified for 24 months for the first violation and permanently for the second violation.
A person will be disqualified for ten years if found to have lied about their identity or residence in order to get multiple benefits.
Anyone convicted of trafficking SNAP benefits worth $500 or more will be permanently disqualified. Trafficking means buying, selling, transferring, altering or processing SNAP benefits against the rules.
Accused persons may waive their rights to an administrative disqualification hearing by signing a waiver. When a person waives this right, disqualification penalties will be imposed as if a determination of intentional program violation has been made, whether of not the accused person admits to the facts as presented.
When a court fails to impose a disqualification penalty, the agency will impose the appropriate penalty, unless this is prevented by the court order.
A person convicted of an intentional program violation in an administrative disqualification hearing, or who has waived the right to a hearing, is entitled to seek relief in court. Fair hearings are not granted to persons dissatisfied with a disqualification hearing decision.
608-2 C. HANDLING INTENTIONAL PROGRAM VIOLATIONS AND DISQUALIFICATIONS
1. Effective Date of Fraud Disqualification Penalty
The Claims Unit receives notification from either the Fraud Control Unit or the Administrative Disqualification Hearing Officer that an individual committed an intentional program violation and is being disqualified. The Claims Specialist completes a Disqualification Penalty for Intentional Program Violation form and sends it to the caseworker currently assigned to the case. The caseworker then takes action on the case as instructed on the form.
Once the disqualification penalty is imposed, the disqualification continues uninterrupted until completed. This applies even if the case closes after the disqualification penalty begins.
Adequate notice shall be provided prior to the disqualification whenever possible. See MS 604-4C(2). Timely notice of adverse action is not required since the household was provided notice through the court ruling, the administrative disqualification hearing decision, or the waiver to the right to a disqualification hearing.
3. Untimely Action to Disqualify
If it is discovered that the action to disqualify the household member was not taken timely and the member erroneously participated in SNAP, take action to disqualify the individual for the remaining months in the disqualification period. The caseworker will submit an agency-caused error claim determination form to the Claims Unit for any months the individual participated in error.
Example:
On April 10, a hearing decision disqualifies an individual for 12 months.
The Claims Specialist sends the caseworker a Disqualification Penalty
for Intentional Program Violation form on April 13th, instructing the
caseworker to impose the disqualification penalty effective May 1st. On
September 23rd, the caseworker discovered that the disqualification was
never imposed. The caseworker takes action to disqualify the individual
effective October through April and submits an agency-caused error claim
for the months of May through September.
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