§ 501.13. Intentional program violation disqualification.
(a) Determination of an intentional program violation.
(1) Disqualification hearings—7 CFR 273.16(a) and (e). The Bureau of Hearings and Appeals is responsible for conducting administrative disqualification hearings for individuals alleged to have committed an intentional program violation as set forth in § 275.11(a) (relating to general policy).
(2) Court referrals—7 CFR 273.16(g). The Office of Inspector General will refer appropriate cases to law enforcement authorities for prosecution. An individual suspected of committing one or more acts of intentional program violations will be referred by the Office of Inspector General for prosecution.
(3) Imposing the disqualification—7 CFR 273.16(e) and (g). The Department will impose the disqualification against the individual eligible for food stamp benefits within 45 days of the date of the finding of the court or administrative disqualification hearing final order. If the individual, who is found to have committed an intentional program violation is not eligible for food stamp benefits, the Department will impose the disqualification effective on the date of the finding of the court or administrative disqualification hearing final order. Once the Department imposes the disqualification, the disqualification period shall continue uninterrupted.
(b) Disqualification without a hearing or prosecution by a court.
(1) Waived hearings—7 CFR 273.16(f). The procedures to allow the individual to waive an administrative disqualification hearing are set forth in § 275.41 (relating to waiver of administrative disqualification hearing). If the individual is eligible for food stamp benefits, the period of disqualification will begin within 45 days of the date the individual signed the waiver. If the individual is not eligible for food stamp benefits, the Department will impose the disqualification effective on the date the individual signed the waiver. Once the Department imposes the disqualification, the disqualification period shall continue uninterrupted.
(2) Deferred adjudication—7 CFR 273.16(h). The Department will establish procedures to allow accused individuals to sign disqualification consent agreements for cases of deferred adjudication. The Office of Inspector General may use this method for cases in which a determination of guilt is not obtained from a court because the accused individual met the terms of a court order or for cases which are not prosecuted because the accused individual met the terms of an agreement with the prosecutor. Disqualification consent agreements in cases referred for prosecution will conform with the following requirements:
(i) Notification. Advance written notification will be provided to the household member stating the consequences of consenting to disqualification as part of the deferred adjudication. The advance notification will include, at a minimum:
(A) A statement for the accused individual to sign that indicates the accused individual understands the consequences of consenting to disqualification. The head of the household shall also sign the consent agreement if the accused individual is not the head of the household.
(B) A consent 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 statement that the disqualification penalties for intentional program violations under the Food Stamp Program are specified in 7 CFR 273.16(b) (relating to disqualification for intentional program violation).
(D) A statement of the penalty that will be imposed as a result of consenting to disqualification.
(E) A statement that the remaining household member, if any, will be held responsible for repayment of the resulting claim as a result of meeting the terms of the agreement with the prosecutor or the court order.
(ii) Household member consent to disqualification. If the household member suspected of an intentional program violation signs the disqualification consent agreement, the household member shall be disqualified in accordance with the disqualification period specified in 7 CFR 273.16(b) (relating to disqualification for intentional program violation), unless contrary to the order. The period of disqualification shall begin against the household member eligible for food stamp benefits within 45 days of the date the household member signed the disqualification consent agreement. If the household member is not eligible for food stamp benefits, the Department will impose the disqualification effective on the date the individual signed the disqualification consent agreement. Once the Department imposes the disqualification, the disqualification period shall continue uninterrupted.
Authority The provisions of this § 501.13 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)); and the Federal Food Stamp regulation in 7 CFR 273.16(h)(1)(ii)(C) (relating to disqualification for intentional program violation).
Source The provisions of this § 501.13 adopted January 3, 1992, effective January 4, 1992, 22 Pa.B. 23; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6300; amended July 6, 2001, effective July 7, 2001, apply retroactively to February 1, 1996, for the Food Stamp Program and retroactively to March 4, 1996, for the TANF and GA Cash Assistance Programs, 31 Pa.B. 3538; amended January 1, 2010, effective January 2, 2010, 40 Pa.B. 29. Immediately preceding text appears at serial pages (280979) to (280981).
Cross References This section cited in 55 Pa. Code § 275.51 (relating to imposing the disqualification).
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