75-02-01.3-12 Intentional program violation - Disqualification penalties.

1. An individual who, on any basis, is found to have committed an intentional program violation by a state administrative disqualification proceeding or by a federal or state court is subject to the penalties provided in this section. An individual who waives the individual's right to appear at an intentional program violation hearing is subject to the penalties provided in this section. 2. The human service zone shall notify an individual in writing of an intentional program violation. The written notice must include: a. A statement of the proposed action; b. The reason for the proposed action, including the rule, regulation, or statute upon which the action is based; and 6 c. An explanation of the individual's right to request an administrative hearing under chapter 75-01-03. 3. During any period of disqualification, if a disqualified individual: a. Is a provider, the individual may not receive any child care assistance payment; b. Is employed by a provider, that provider may not receive any child care assistance payment; and c. Is a member of a child care assistance unit, that child care assistance unit is ineligible for child care assistance benefits. 4. The duration of the penalty described in this section is: a. One year for the first offense; b. Two years for the second offense; and c. Permanently for the third offense. 5. Any period of disqualification must remain in effect, without possibility of an administrative stay, unless and until a court of appropriate jurisdiction subsequently reverses the finding upon which the penalty was based. 6. A disqualification penalty period must begin no later than the first day of the second month that follows the date of notice of imposition of the penalty. 7. The department shall issue a written notice informing the individual of the period of disqualification. 8. Overpayments may be recovered from: a. The child care assistance unit that includes the disqualified individual; b. Any child care assistance unit of which the disqualified individual subsequently becomes a member; c. Any individual members of the child care assistance unit that included the disqualified individual; d. The provider who was disqualified; and e. The provider who employed the disqualified individual. History: Effective April 1, 2010; amended effective April 1, 2014; October 1, 2016. General Authority: NDCC 50-33-02 Law Implemented: NDCC 50-33-02