Page 304

Page | 303

If the court fails to specify or address a disqualification period, DSS will impose the appropriate disqualification period based on the number of previous IPVs unless it is contrary to the court order. Only the individual convicted of intentional program violation and not the entire household can be disqualified.

18315.1 Notification of Disqualification if Court Imposed IPV If the court finds that the household member committed an intentional program violation, DSS will provide written notice to the household member via the automated NIPV function on ACCESS. 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 will also provide notice to the remaining household members, if any, of the amount they will receive during the period of disqualification or that they must reapply because the certification period has expired. ORFI is responsible for sending the written demand letter for restitution.

18316 DEFERRED ADJUCATION FOR IPV

DSS will allow accused individuals to sign disqualification consent agreements for cases of deferred adjudication. Cases of deferred adjudication are cases in which a determination of guilt is not obtained from a court due to the accused individual meeting the terms of a court order or which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecutor. The following procedures are applicable.

18316.1 Imposition of Disqualification If the accused household member signs the disqualification consent agreement, the member is disqualified for 12 months, 24 months, or permanently, depending on the number of previous IPVs. Disqualification begins within 45 days after the disqualification consent agreement is signed, unless the court specifies differently.

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

18316.2 Notification of Disqualification Once a disqualified consent agreement is signed, DSS will provide an automated NIPV notice to the household member, prior to disqualification. The notice will inform the household member of the:  Disqualification  Date the disqualification will take effect

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