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268 ii. The individual waives his/her right to an ADH by signing a DSS Form 1648, Administrative Consent Agreement (ACA) iii. The individual receives approval to participate in a Pretrial Intervention (PTI) Program and the DSS Form 2659 has been forwarded to the recipient claims staff by the Office of Investigation (OI). In determining a possible claim classification of IPV, Benefit Integrity Claims staff may need to communicate with the household to clarify information. Claims staff may do this by contacting the household and giving them an opportunity to explain any questionable circumstances. Claims staff may ask the household to discuss the issues over the telephone or respond in writing. Claims staff may also request that the household appear for an in-office interview but cannot require that they do so. If the household fails or refuses to respond to any such request, recipient claims staff, having otherwise completed his/her investigation and having sufficient evidence, may proceed with an Administrative Disqualification Hearing action to disqualify the individual. In no event may the household or household member be threatened with the possibility of termination for non- cooperation.

An individual, not a household, who intentionally violates SNAP regulations must be disqualified from SNAP participation. Recipient Claims staff will be responsible for investigating any case of alleged IPV/FR and ensuring that appropriate cases are acted upon either through administrative disqualification hearings or court referrals. See Chapter 20 Disqualification for Intentional Program Violation.

(4) Fraud

Fraud (FR) is defined as:

(A) False representation of facts by words or conduct (B) False misleading allegations (C) Concealment of that which should have been disclosed, which deceives and is intended to deceive another in order to obtain assistance illegally.

A person who commits fraud violates state and federal laws. As generally accepted in SC courts, the necessary elements of fraud are as follows:

i. A misrepresentation of a fact with intent to deceive, such as: • Positive assertion of falsehood • Concealment of the truth • Suppression of the truth • Establishment of a false impression by words, actions or trickery

ii. Knowledge of the falsity of the representation by the maker \ iii. Materiality of the fact misrepresented iv. Reliance on the misrepresentation by the person deceived