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Chapter: 1400 Technical Requirements Program: FS 28 Food Stamps -
1. Payee/ head of household of the food stamp AG is non-compliant. The entire AG becomes ineligible for six months. If at the end of six months the non-compliant individual does not meet an exemption and is still not complying with work activities, the payee of the AG remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at the end of the six-month sanction period.
2. AG Member is non-compliant - The individual only becomes ineligible for a minimum of six months or until they comply, whichever is later.
There is no forgiveness policy for food stamps and any non-compliance after the third non- compliance requires the same sanction period as the third food stamp sanction. 1410.2200 INDIVIDUAL CONVICTED OF FELONY DRUG TRAFFICKING (FS) Food stamp benefits shall be denied to an individual who has been convicted of a felony for drug trafficking including agreeing, conspiring, combining, or confederating with another person to commit the act committed after 8/22/1996. This disqualification is a lifetime disqualification. Only the individual who was convicted will be penalized. If the illegal behavior that lead to the conviction occurred on or before 8/22/96, the disqualification does not apply regardless of the date of the conviction. If a court expunges the felony drug trafficking conviction, the individual is not subject to the disqualification. The individual must provide proof of the expungement.
Since felony conviction for drug trafficking is not considered noncompliance with specific program requirements, “Riverside” policy would not be applied. 1410.2300 COOPERATION WITH QUALITY CONTROL (FS) Households are required to cooperate with state and federal Quality Control (QC) reviewers. If any individual in the household refuses to cooperate, a sanction will be imposed against the non- cooperative individual affecting the eligibility of the entire household. Refusal to cooperate will result in the denial or termination of benefits for the entire household.
The sanction will follow the non-cooperative individual. If the non-cooperative individual moves out of the household, the remaining household members can apply for benefits. If the non- cooperative individual applies for benefits for them self or moves in with another household, benefits will be denied or terminated for this household.
If QC issues a finding indicating the household refused to cooperate, eligibility staff will provide the household written notice allowing 10 calendar days to cooperate with QC. If the household does not respond or cooperate with QC within 10 calendar days, advance notice of adverse action is required prior to denying or terminating the benefits. If the household reapplies, eligibility staff must contact QC to determine if the household has cooperated or if the household remains ineligible based on refusal to cooperate. 1410.2500 FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS (FS) Food stamp benefits must be denied to an individual who is a fleeing felon or in violation of probation or parole. Since an individual disqualified due to being a fleeing felon or probation or parole violator is not considered a noncompliance with a specific program requirement, “Riverside” policy will not be applied. The following passages address how to determine if an individual is a fleeing felon or in violation of probation or parole.