(A) Under the
provisions of rule
5101:6-20-01 of the
Administrative Code, individuals who have been found to have committed an
intentional program violation (IPV) either through an administrative
disqualification hearing, a federal, state, or local court, 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
will be
ineligible for the following periods:
(1)
Disqualified from Ohio works first (OWF) or prevention, retention and
contingency (PRC) until the cost of the fraudulent assistance is repaid in
full.
(2) Disqualified from the
supplemental nutrition assistance program (SNAP) for twelve months for the
first violation except as provided in paragraphs (A)(5) to (A)(8) of this
rule.
(3) Disqualified from SNAP
for twenty-four months for the second violation except as provided in
paragraphs (A)(5) to (A)(8) of this rule.
(4) Disqualified from SNAP permanently for
the third violation except as provided in paragraphs (A)(5) to (A)(8) of this
rule.
(5) Court conviction:
controlled substance violation
Individuals found by a federal, state, or local court to have
used or received SNAP 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 (as in effect on October 1, 2018)
shall
will be
ineligible to participate in the program for a period of twenty-four months
upon the first occasion of such a violation and permanently upon the second
occasion of such a violation.
(6) Trafficking SNAP benefits of five hundred
dollars or more
An individual shall
will be permanently disqualified if he/she is
convicted by a federal, state, or local court of trafficking SNAP benefits for
an aggregate amount of five hundred dollars or more.
For purposes of this rule, "trafficking" is defined as
fraudulently using, transferring, altering, acquiring or possessing SNAP
benefits or presenting SNAP benefits for payment or redemption knowing the same
to have been fraudulently obtained or transferred for cash or consideration
other than eligible food. "Acquiring SNAP benefits" does not include providing
false information as part of the certification, reapplication, or reporting
changes processes.
(7) Court
conviction: firearms, ammunition, or explosives violation
Individuals found by a federal, state, or local court to have
used or received SNAP benefits in a transaction involving the sale of firearms,
ammunition, or explosives shall
will be permanently ineligible to participate in the
program upon the first occasion of such violation.
(8) Receipt of multiple benefits
simultaneously
An individual shall
will be ineligible to participate in SNAP for a
ten-year period if the individual is found, through an administrative
disqualification hearing, a federal, state, or local court, or who has signed
either a waiver of right to administrative disqualification hearing or a
disqualification consent agreement in cases referred for prosecution, 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.
(B) The same act of an intentional program
violation repeated over a period of time shall
will not be
separated so that separate penalties can be imposed.
(C) For SNAP, only the individual found to
have committed an intentional program violation shall
will be
disqualified, and not the entire assistance group, but for PRC and OWF
assistance groups determined to have received fraudulent assistance, all
individuals who were members of the assistance group at the time of receipt of
the fraudulent assistance shall
will be disqualified.
(D) During the disqualification period, the
disqualified individual's needs shall
will not be taken into account in determining the
assistance group's eligibility or amount of assistance; however, all income and
resources of the disqualified individual shall
will be
considered available to the assistance group.
(E) The disqualification period
shall
will
begin as specified in rule 5101:6-20-17, 5101:6-20-30, 5101:6-20-40, or
5101:6-20-50 of the
Administrative Code, as applicable, regardless of whether the individual is
eligible for the program at that time.
(F) Once a disqualification penalty has been
imposed against a currently eligible individual, it shall
will continue
uninterrupted until complete regardless of the eligibility of the disqualified
individual's assistance group.
(G)
Any period for which a disqualification penalty is imposed
shall
will
remain in effect, without possibility of an administrative stay, unless and
until the finding upon which the penalty was based is reversed by a court of
appropriate jurisdiction.
(H) The
disqualified individual and each person who was an adult member of the
disqualified individual's assistance group, if any, shall
will continue to
be responsible for repayment of the overpayment/overissuance which resulted
from the individual's intentional program violation, regardless of their
current eligibility for program benefits.
(I) The disqualification of an individual for
an intentional program violation in one county or state is valid in another
county or state.
Notes
Ohio Admin. Code
5101:6-20-03
Effective:
1/17/2025
Five Year Review (FYR) Dates:
10/31/2024 and
01/17/2030
Promulgated
Under: 119.03
Statutory
Authority: 5101.35
Rule
Amplifies: 5101.35
Prior
Effective Dates: 06/20/1980, 10/01/1981, 05/01/1982, 08/01/1983, 04/01/1984
(Temp.), 08/01/1984 (Emer.), 10/20/1984, 05/01/1985, 09/01/1994, 06/01/1996,
09/23/1996 (Emer.), 12/15/1996, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014,
03/01/2019
