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Subject: SNAP Claims and Issuances

Policy 24.22 Date of Last Review: 11/30/2023 Effective Date: 08/15/2019 Date of Next Review: 11/30/2026 RDA: SW22 Page 5 of 15 c. The A/R is an individual convicted by a Federal, State or local court of having trafficked benefits for an aggregate amount of five hundred dollars ($500) or more, or d. For further details on trafficking, see Policy 2.01 Investigations Resulting from Supplemental Nutrition Assistance Program (SNAP) Trafficking Offenses. 2. Administrative Responsibility a. TDHS shall be responsible for investigating any case of alleged IPV, and ensuring that appropriate cases are acted upon either through ADHs or referral to a court of appropriate jurisdiction. b. Individuals accused of IPV may waive their rights to ADHs or sign HS-3245 Disqualification Consent Agreement or cases of pre-trial diversion. c. The requirements and procedures relating to ADHs, waiver of the hearing, and referrals for prosecution are outlined in the rules of the Administrative Procedures Division (Refer to 1240-5-1 Intentional Program Violations). 3. Disqualification Penalties for individuals who commit IPVs. The ADH official or a court of appropriate jurisdiction determines that a HH member has committed an IPV as defined above in the introduction to this section, or if the HH member signs a waiver of right to an ADH or a disqualification consent agreement, that individual shall be disqualified from participation in SNAP as follows: a. One (1) year for the first (1st) violation, b. Two (2) years for the second (2nd) violation, or for the first (1st) occasion of a finding by a Federal, State, or local court of the trading of coupons for a controlled substance as defined in 8 USC § 802. c. Permanently for the third (3rd) violation. d. Permanently if convicted of trafficking in SNAP benefits of five hundred dollars ($500) or more, or for the second (2nd) occasion of a finding by a Federal, State or local court of the trading SNAP benefits for a controlled substance as defined in 8 USC § 802, or for the first occasion, based on a finding by a Federal, State or local court of the trading of firearms, ammunition, or explosives for coupons; e. Ten (10) years if found to have made a fraudulent statement or representation with respect to identity and residence in order to receive multiple benefits simultaneously, or f. The length of time specified by a court of appropriate jurisdiction. If the court fails to impose a disqualification period, TDHS shall impose the disqualification penalties in above, unless the penalties are contrary to the court order. g. One (1) or more IPVs, which occurred prior to April 1983, shall be considered as only one (1) previous violation when determining the appropriate penalty to impose. h. The disqualification shall apply only to the individual who is found to have committed the IPV, or who signed a waiver to the ADH, or who signed a disqualification consent agreement. It does not apply to the entire HH.