Page 1188

(2) has waived the individual’s right to an administrative disqualification hearing under 7 AAC 45.585;

(3) is found, by a state or federal court, to have committed an intentional program violation; or

(4) has signed a disqualification consent agreement, confirmed by a court, in which the individual admits committing an intentional program violation. (d) An individual who is disqualified from ATAP for an intentional program violation will be ineligible to receive ATAP benefits for the disqualification periods specified in AS 47.27.015(e). (e) When the department is determining an ATAP assistance unit’s financial eligibility and the department finds that the assistance unit would include an individual if that individual were not disqualified under this section, the department

(1) will not include the disqualified individual in the assistance unit;

(2) will not include the income and resources of the disqualified individual who is not a member of the mandatory filing unit under 7 AAC 45.195; and

(3) will include the income and resources of the disqualified individual who is a member of the mandatory filing unit under 7 AAC 45.195. (f) For an individual who is a member of an ATAP assistance unit at the time that individual is disqualified by a court of law under this section, the disqualification period will begin on the date specified by the court order. If that individual is disqualified by a hearing officer, by consent, or by a court of law that has not specified the date for initiating the disqualification period, the disqualification period will begin on the first day of the second calendar month following the date

(1) of the notice of disqualification, as described in (k) of this section, resulting from a hearing or court action;

(2) the individual waived that individual’s right to appear at an administrative disqualification hearing under 7 AAC 45.583(12);

(3) the individual signed a disqualification consent agreement under (c)(4) of this section; or

(4) a court rules that the individual has committed a crime involving an intentional program violation. (g) If, at the time an individual is disqualified under this section, the individual is not a member of an ATAP assistance unit, the department will postpone the disqualification period until the individual applies for and is determined eligible for ATAP benefits. (h) If what was the assistance unit of an individual disqualified under this section becomes