An intentional program violation takes place when a SNAP benefit applicant or recipient intentionally:

Makes a false or misleading statement;

Misrepresents, conceals or withholds facts; or

Violates the Supplemental Nutrition Assistance Program (SNAP) Act or program regulations relating to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits.

Penalties

Individuals disqualified for intentional program violations are ineligible to participate in the SNAP for the following periods of time:

One year for the first violation.

Two years for the:

Second violation, or

First finding by a court of trading SNAP benefits for illegal drugs.

Permanently for the:

Third violation,

Second finding by a court of trading SNAP benefits for illegal drugs, or

First finding by a court of trading SNAP benefits for firearms, ammunition, or explosives.

An individual is permanently disqualified if convicted by a court of trafficking SNAP benefits of $500 or more.

An individual is ineligible for SNAP benefits for ten years if found by the courts or an Administrative Disqualification Hearing (ADH) to have made a fraudulent statement or representation about residence or identity in order to receive multiple SNAP benefits at the same time.

480.3 Penalties (continued)

Impose the penalties described in 480.3 A above if the violation occurred after the individual signed a SNAP application that described the penalties. The Rights and Responsibilities sections in all Maryland applications (including myDHR) describe the penalties.

Treat recurring acts of the same intentional program violation as one violation.

Inform the household in writing of the disqualification penalties for committing an IPV each time it applies for benefits by making sure they sign the Rights and Responsibilities.

480.31 Additional Penalties – Non-IPV

An individual is permanently ineligible if convicted after August 22, 1996 of any offense that is classified as a felony and which has an element of possession, use, or distribution of a controlled substance except as described in Section 100.7.I.

NOTE: This means that an individual may be disqualified from participation for a conviction of a drug-related felony only if the crime was committed after August 22, 1996.

Fleeing felons and parole and probation violators are ineligible for SNAP benefit.

NOTE: Count the entire amount of the income and resources of a disqualified individual as available to other eligible household members.

480.4 Determination of Committing an IPV

Apply disqualification penalties only after there is a determination that the individual committed an IPV. The determination of an IPV is made as follows:

The individual is found guilty of violating a Federal or state law concerning the SNAP in a court of appropriate jurisdiction;

The individual signs a Disqualification Consent Agreement (MD DHS 8 rev January 2017);

The individual is found to have committed an IPV in an Administrative Disqualification Hearing; or

The individual signs a Waiver of an Administrative Disqualification Hearing (DHS/FIA IPV - 6).