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(i) When an action to impose an intentional program violation penalty against a family or provider is taken, the department will notify the penalized individual in writing. In the notice of intentional program violation penalty, the department will state the penalty and date that any penalty period begins and ends. (j) A program violation penalty remains in effect, without possibility of an administrative stay, unless the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction. (k) If an individual penalized or disqualified in another state for a child care assistance intentional program violation moves to this state, the department may

(1) impose the remaining period of any child care assistance penalty or disqualification originally imposed by the other state; and

(2) for any subsequent child care assistance intentional program violation committed in this state, consider all prior violations committed in another state when determining the penalty under 7 AAC 41.425 and this section. (l) If the department imposes a penalty described in 7 AAC 41.425(a)(4) against a family or as described in 7 AAC 41.425(b)(2) or (3) against a provider, and after opportunity for a hearing under 7 AAC 41.423, the

(1) department will place the individual’s name on the list maintained under 7 AAC 41.450 of ineligible individuals; and

(2) family or provider may not participate in or receive payments from PASS I, PASS II, or PASS III child care assistance until the name is removed from that list or the prohibited individual is no longer residing in the household. (Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221) Statutory Authority: Authority: AS 47.05.010 AS 47.25.001 7 AAC 41.415. Determination of incorrect payment of program benefits. (a) If the department or designee determines there is reasonable evidence of an incorrect payment of program benefits for a participating family or to a participating provider, the department will or designee shall conduct one or more of the following methods of investigation: