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A. Establishing a claim 1. The local office shall establish claims in accordance with the thresholds outlined below. a. For participating households, the local office shall not establish a claim for overpayment due to Administrative Error (AE) or Inadvertent Household Error
(IHE), except in the following circumstances: 1. When the amount of the claim is greater than $200; or 2. When the over-issuance is identified through a federal or state level quality control review; or, 3. When the IHE claim is being pursued as an IPV, except that if the IHE claim does not result in an IPV, collection shall not be pursued. b. For households not participating in SNAP, the local office shall not establish a claim for over-issuance except in the following circumstances: 1. When the amount of the AE claim is greater than $400; 2. When the amount of the claim is due to an IHE and is greater than $200; or 3. When the over-issuance is identified through a federal or state level quality control review. 4. When an IHE claim is being pursued as an IPV, except that if the IHE claim does not result in an IPV, collection shall not be pursued. 2. An AE or IHE claim shall not be established for a period of more than twelve (12) months from the date the local office was notified, in writing or orally, or discovered through the normal course of business, that an error occurred which led to the household receiving more benefits than it was entitled to receive. A claim associated with an IPV must be calculated back to the month the act of IPV first occurred and cannot be established for a period more than six (6) years from the date the local office was notified, in writing or orally, or discovered through the normal course of business, that an error occurred which led to the household receiving more benefits than it was entitled to receive. 3. Claims shall be established for benefits that are trafficked. The trafficking of benefits means the same as described in 26-2-306, C.R.S. and 7 C.F.R. 271.2, which is incorporated by reference in section 4.000.1, above. 4. Claims shall be established against the following individuals: a. All adult household members aged eighteen (18) years of age or older at the time the over-issuance occurred, even if one or more of the adult household members are participating in another SNAP household at the time the claim is established; and b. A person connected to the household, such as an authorized representative, who traffics SNAP benefits or otherwise causes an over-issuance to occur. B. Timeframe to Establish a Claim Local offices shall establish all claims before the last day of the quarter following the quarter in which the over-issuance or trafficking incident was discovered. 1. The discovery date for AE claims is the date that the local office was notified, in writing or orally, or discovered through the normal course of business that an agency error occurred that caused the household to receive more benefits than it was entitled to receive. 2. The discovery date for IHE and IPV non-trafficking claims shall be the date that verification used to calculate the over-issuance is obtained. 3. The discovery date for claims resulting from trafficking is the date of the court decision or the date the household signed a waiver of administrative disqualification hearing form or a disqualification consent agreement.