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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 705 ADMINISTRATIVE DISQUALIFICATION HEARING

15 Section 705 Change #03-2022 July 01, 2022 Reinstate the individual in the program if the FNS unit is eligible when an IPV disqualification is overturned or reversed by an appropriate court. Restore any benefits that were lost as a result of the disqualification according to Section 900, Restorations and Replacements. 705.25 DISQUALIFICATION PENALTIES The following disqualification penalties apply for offenses which occurred after October 23, 1996. See Section 825.01, B for disqualifications prior to October 23, 1996. NOTE: All disqualifications prior to April 1, 1983, count as one offense regardless of the number of imposed disqualifications. A. Disqualification penalties imposed following a guilty decision from an Administrative Disqualification Hearing (ADH) effective October 23, 1996: 1. Twelve months for the first offense; 2. 24 months for the second offense; 3. Permanently for the third offense; or 4. Ten years for misrepresenting residence and/or identity in order to receive multiple benefits. NOTE: Refer to Section 825.01, A, Intentional Program Violations, for other disqualification penalties that may be imposed by Federal, State, or Local courts. B. Provide written notice to the household regarding eligibility of the remaining FNS unit members. Continue a disqualification once imposed regardless of eligibility. Include all FNS unit members who were adults at the time of the over issuance as debtors of the claim. NC FAST will send each debtor a separate notice of over issuance. C. Persons disqualified must be reported to the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS). This is accomplished by entering the disqualification into NC FAST. See Section 825.02, Intentional Program Violation Disqualification, and the NC FAST Job Aids in NC FAST Help. Enter disqualified individuals in NC FAST only if they have a valid Social Security Number. Manually track disqualifications in your local agency for individuals without a valid SSN. D. The IPV disqualification of an individual with a valid SSN will follow the individual to another local agency or state.