63-805 INTENTIONAL PROGRAM VIOLATION DISQUALIFICATION 63-805

.1 Disqualification Penalties for Intentional Program Violation

.11 Individuals found to have committed an intentional Program violation either through an administrative disqualification hearing or by a court of appropriate jurisdiction or individuals accused of intentional Program violation who have signed an Administrative Disqualification Hearing Waiver or a Disqualification Consent Agreement shall be ineligible to participate in the Food Stamp Program as specified in Section 20-300.3.

.12 Provisions governing administrative and court-ordered disqualifications, CWD administrative responsibilities and reporting requirements, and other related provisions are covered in CDSS' Manual of Policies and Procedures, Division 20, Chapter 20-300.

.2 Participation While Awaiting a Hearing

A pending disqualification hearing shall not affect the individual's or the household's right to be certified and participate in the Food Stamp Program. Since the CWD cannot disqualify a household member for intentional Program violation until the hearing official finds that the individual has committed an intentional Program violation, the CWD shall determine the eligibility and benefit level of the household in the same manner it would be determined for any other household.

.21 The household's benefits shall be terminated if the certification period has expired and the household fails to reapply, after receiving a notice of action informing them of the expiration of their certification period.

.22 The CWD shall also reduce or terminate the household's benefits if it has documentation which substantiates that the household is ineligible or eligible for fewer benefits (even if these facts led to the suspicion of intentional Program violation and the resulting disqualification hearing) and the household fails to request a state hearing and continuation of benefits pending the hearing.

.3 Reversed Administrative Disqualifications

In cases where the determination of intentional Program violation is reversed by a court of appropriate jurisdiction, the CWD shall reinstate the individual in the Food Stamp Program if the household is eligible. The CWD shall restore benefits that were lost as a result of the disqualification in accordance with the procedures specified in Section 63-802.15.

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: Sections 10554 and 18904, Welfare and Institutions Code.

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-04-07 Effective 7/1/04

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