§17-604.1-9 - Intentional program violation disqualification penalties.
§17-604.1-9 Intentional program violation disqualification penalties.
(a) Individuals found by an administrative disqualification hearing or by a federal, state or local court to have committed an intentional program violation or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution shall be ineligible to participate in the program for:
(1) One year for the first violation, except as provided in subsections (b) and (c);
(2) Two years for the second violation, except as provided in subsections (b) and (c); and
(3) Permanently for the third violation.
(b) Individuals found by a federal, state, or local 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 SNAP:
(1) For a period of two years for the first violation; and
(2) Permanently upon the second violation.
(c) For the first violation, individuals found by a federal, state, or local 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 SNAP.
(d) Individuals convicted by a federal, state, or local court of trafficking SNAP benefits of an aggregate amount of $500 or more shall be permanently ineligible to participate in the SNAP.
(e) For the first and second violation, individuals shall be ineligible to participate in SNAP as a member of any household for a ten-year period per violation, if the individual is found by the department to have made, or is convicted by a federal or state court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under SNAP. For the third violation, an individual shall be permanently ineligible to participate in SNAP.
(f) The penalties in subsections (b) and (c) shall also apply in cases of deferred adjudication as described in section 17-604.1-28 where the court makes a finding that the individual engaged in the conduct described in subsections (b) and (c) .
(g) If the court fails to impose a disqualification or a disqualification period for any intentional program violation, the department shall impose the appropriate disqualification penalty specified in subsections (a) through (e) unless it is contrary to the court order.
(h) One or more intentional program violations which occurred prior to April 1, 1983, shall be considered as only one previous disqualification when determining the appropriate penalty to impose in a case under consideration.
(i) Regardless of when an action taken by an individual which caused an intentional program violation occurred, the disqualification periods specified in subsections (b) and (c) shall apply to an case in which the court makes its finding on or after September 1, 1994.
(j) Individuals found guilty of criminal or civil fraud by a court of appropriate jurisdiction shall be ineligible for participation as specified by the court order. However, if the court fails to impose a disqualification period for the intentional program violation, the branch shall impose the disqualification penalties specified in this section unless it is contrary to the court order.
(k) The branch shall disqualify only the individual found to have committed the intentional program violation, or who signed the waiver of right to an administrative disqualification hearing or disqualification consent agreement in cases referred for prosecution, and not the entire household. During the period of ineligibility, no household shall receive increased benefits as a result of a member of the household having been disqualified from SNAP.
(1) The remaining household members shall agree to make restitution within ten days of the date the branch's written demand letter is mailed or the household' s monthly allotment shall be reduced. If the remaining household members agree to make restitution but fail to do so, the branch shall impose an allotment reduction on the household's monthly allotment. The remaining household members, if any, shall begin restitution during the period of disqualification imposed by the branch or a court of law. Restitution shall be made in accordance with chapter 17-683.
[Eff 3/19/93; am 2/16/96; am 10/28/96; am and comp 6/24/13] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.16(b); Pub. L. No. 104-193 (1996))
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