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Page | 302 18313 WAIVER SIGNED IN LIEU OF DISQUALIFICATION HEARING

If the accused individual signs the waiver and it is received timely, the household member is disqualified for the time period identified in the hearing decision. The disqualification period begins with the first month that follows the date the household member receives written notice of the disqualification.

Once the penalty has been imposed, disqualification continues uninterrupted regardless of the eligibility of the disqualified member’s household.

No further administrative appeal procedures exist after an individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be changed by a subsequent fair hearing decision. The household member is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.

18314 NOTIFICATION OF IPV DISQUALIFICATION WITH SIGNED WAIVER

Once a waiver is signed, DSS will provide an automated NIPV notice to the household member, prior to disqualification. The NIPV notice will be sent in the month the disqualification will start using the SPEC-C-NIPV function. If the case is not active the notice will have to be completed through the SPEC-E-NIPV function. The notice will inform the household member of the:  Disqualification  Date the disqualification will take effect

The NIPV notice will also notify remaining household members the amount they will receive during the disqualification period or that they must reapply because their certification period has expired. ORFI is responsible for sending the written demand letter for restitution.

18315 COURT IMPOSED DISQUALIFICATIONS

The Office of Recoveries and Fraud Investigation will determine if a referral for prosecution under State or local statutes is warranted for individuals suspected of committing intentional program violation, particularly if large amounts of SNAP benefits are suspected of having been obtained by an Intentional Program Violation or the individual has a history of prior IPVs.

ORFI will confer with its legal representative to determine the types of cases which will be accepted for possible prosecution. If a court fails to include a disqualification in its criminal conviction order, ORFI will determine the appropriate disqualification.

A court of appropriate jurisdiction, with either the State, a political subdivision of the State, or the United States as prosecutor or plaintiff, may order an individual disqualified from participation in the program for 12 months, 24 months, or permanently, depending on the number of previous IPVs, if the court finds that individual guilty of civil or criminal violation.

If disqualification is ordered, but a date initiating the disqualification period is not specified, DSS will initiate the disqualification period for individuals within 45 days of the date the disqualification was ordered.

Once the penalty has been imposed, it will continue uninterrupted until completed regardless of the eligibility of the disqualified member's household.