Sec. R6-14-505 - Disqualification Sanctions; Notice

§ R6-14-505. Disqualification Sanctions; Notice

A. A person found to have committed an IPV is disqualified from program participation:

1. For a period of 12 months for the first IPV, except as provided under subsections (B) through (E) of this section.

2. For a period of 24 months for the second IPV, except as provided in subsections (B) through (E) of this section; and

3. Permanently for the third IPV.

4. The same act of IPV repeated over a period of time shall not be separated so that separate penalties can be imposed.

B. Individuals found by any court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), shall be ineligible to participate in the program:

1. For a period of 24 months for the first violation; and

2. Permanently upon the second violation.

C. Individuals found by any court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives shall be permanently ineligible to participate in the program upon the first violation.

D. An individual convicted by any court of having trafficked benefits for an aggregate amount of $500 or more shall be permanently ineligible to participate in the program upon the first violation.

E. Except as provided under subsection (A)(3) of this section, an individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple Nutrition Assistance benefits simultaneously shall be ineligible to participate in the program for 10 years.

F. Upon a determination of IPV, the Department shall notify the disqualified person in writing of the pending disqualification. The written notice shall:

1. Inform the disqualified person of the decision and the reasons for the decision; and

2. Inform the disqualified person of the date the disqualification will take effect and the duration of the disqualification.

G. Under 7 CFR 273.11(c)(1), when determining the eligibility and benefit level for the remaining eligible members of the household, the Department shall count the income and resources of the disqualified person in their entirety and the entire household's allowable earned income, standard, medical, dependent care, child support, and excess shelter deductions shall continue to apply to the remaining household members. The Department shall not include the ineligible member when determining the household's size for the purposes of:

1. Assigning a benefit level to the household;

2. Assigning a standard deduction to the household;

3. Comparing the household's monthly income with the income eligibility standards; or

4. Comparing the household's resources with the resource eligibility limits.

H. Under 7 CFR 273.11(c)(4) and 7 CFR § 273.16(e)(9)(ii) and (f)(3), the Department shall notify the remaining members of their eligibility and benefit level at the same time the excluded member is notified of his or her disqualification.

(R6-14-505 recodified from A.A.C. R6-3-2305 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.)

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