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SNAP CERTIFICATION MANUAL – SECTION 16000 16800 Imposing the Disqualification - County Office Actions 16793 Finding of Intentional Program Violation

16800 Imposing the Disqualification - County Office Actions

SNAP Manual 08/01/04 See SNAP 16830 when an individual signs a waiver of their rights to an administrative hearing. See SNAP 16840 when and individual is found guilty of an IPV through a decision of court. An individual found to have committed an intentional program violation (IPV) trough the administrative disqualification hearing process will be disqualified from participating in Supplemental Nutrition Assistance Program. When the county office receives a hearing decision that an IPV had occurred, a period of disqualification will be imposed against the individual who committed the violation. For offenses that occurred or began on or after October 1996, the disqualification periods are listed below: • One year for the first violation • Two years for the secondviolation • Permanently for the third violation For offenses that occurred or began prior to March 1979, no disqualification will be imposed. For offenses that occurred or began during the period from March 1979 to September 1983, the disqualification will be three months regardless of the number of offenses. For offenses that occurred or began during the period from October 1983 to September 1996, the disqualification will be six months for the first offense, twelve months for the second offense, and permanent for the third offense. For certain offenses there are specific penalties. See the chart below:

Offense Penalty Having been found by a Federal, State or local court to have used or received SNAP benefits in a transaction involving the sale of a controlled substance as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802). • 24 months for the first violation • Permanent disqualification for the second violation Having been found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives. Permanent disqualification Convicted in a Federal, State or local court of having trafficked benefits for an aggregate amount of $500 or more. Permanent disqualification Making a fraudulent statement or representation with respect to identity or residence in order to receive multiple benefits simultaneously (duplicate participation). 10 year disqualification