reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.910 - Bay State CAP Households

Current through Register 1525, July 5, 2024
(A)
Bay State CAP Eligibility Criteria
. To be eligible for
			 Bay State CAP benefits, the following conditions must be met by the applicant.
			 He or she:
(1) must apply for food assistance
			 benefits at SSA;
(2) must be
			 receiving SSI;
(3) must not be
			 permanently disqualified from receiving SNAP benefits;
(4) must be unmarried (single, divorced or
			 separated);
(5) must have declared
			 he or she purchases and prepares food separately from other individuals living
			 in the same household;
(6) must be
			 18 years of age or older;
(7) must
			 be a U.S. citizen or an eligible noncitizen in accordance with SNAP rules at
			 106 CMR 362.220:
Noncitizens
; and
(8) must not have earnings, in accordance
			 with SSA rules.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.025 - Introduction

Current through Register 1525, July 5, 2024
The Department shall provide a fair hearing to any household
				that is dissatisfied with any Department action or inaction that affects
				participation in the Supplemental Nutrition Assistance
				Program.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.050 - Notification of Right to Request Hearing

Current through Register 1525, July 5, 2024
At the time of application, each household shall be informed in
				writing of its right to a hearing, how to request a hearing, that its case may
				be presented by a household member or an authorized representative, such as a
				legal counsel, a relative, a friend or other spokesperson, and that the
				household may bring an interpreter to the hearing. Each household shall also be
				informed that in cases in which the head of the household is not fluent in
				English, the Department will provide an interpreter if the household requests
				one at least one week before the hearing and that the hearing may be postponed
				for this purpose. Any time the household expresses to the Department that it
				disagrees with a Department action, it shall be reminded of the right to
				request a fair hearing. If there is an individual or organization available
				that provides free legal representation, the household shall also be informed
				of the availability of that service. A copy of the hearing procedures shall be
				made available to any interested party upon request.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.075 - Consolidated Hearings

Current through Register 1525, July 5, 2024
The Department may respond to a series of individual requests
				for hearings by conducting a single group hearing. The Department may
				consolidate only cases where the sole issue is one of state and/or federal law,
				regulations or policy and when individual issues of fact are not disputed. In
				all group hearings, the regulations governing individual hearings shall be
				followed. Each individual household shall be permitted to present its own case
				or have the case presented by a representative.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.100 - Time Period for Requesting Hearing

Current through Register 1525, July 5, 2024
A household shall be allowed to request a hearing on any action
				by the Department, or on loss of benefits which occurred in the prior 90 days.
				Action by the Department includes a denial of a request for restoration of any
				benefits lost more than 90 days but less than one year prior to the request. In
				addition, at any time within a certification period a household may request a
				fair hearing to dispute its current level of benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.125 - Request for Hearing

Current through Register 1525, July 5, 2024
A request for a hearing is defined as a clear expression, oral
				or written, by the household or its representative to the effect that it wishes
				to appeal a decision or that an opportunity to present its case to a higher
				authority is desired. If it is unclear from the household request what action
				it wishes to appeal, the Department may ask that the household clarify its
				request. The freedom to make a request for a hearing shall not be limited or
				interfered with in any way.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.150 - Assistance from the Department

Current through Register 1525, July 5, 2024
In response to a client request, the Department shall:
(A) assist the household in filing an appeal.
			 If a household makes an oral request for a hearing, the case manager will
			 provide the household with an appeal form and help completing the form, if
			 requested;
(B) advise the household
			 of any available legal services which can provide representation at the
			 hearing;
(C) make available a free
			 copy of materials necessary for a household or its representative to determine
			 whether to file an appeal or to prepare for the hearing;
(D) provide an interpreter to explain the
			 hearing procedures. This includes explaining the right to an interpreter at the
			 hearing, the procedures for requesting an interpreter. The Department is
			 required to provide bilingual staff or interpreters in accordance with FNS
			 regulations;
(E) provide an
			 interpreter at the hearing for an appellant who is not fluent in English if the
			 appellant requests an interpreter at least one week before the hearing is
			 scheduled or rescheduled; and
(F)
			 provide any interested party with a copy of the rules of procedures governing
			 Fair Hearings.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.175 - Denial or Dismissal of Request for Hearing

Current through Register 1525, July 5, 2024
The Division of Hearings shall deny or dismiss a request for a
				hearing when:
(A) the request is not
			 received within the time frame provided in
			 106 CMR
			 367.100;
(B) the request is withdrawn either orally or
			 in writing by the household or its representative. If an appellant orally
			 withdraws an appeal, the Department will follow the procedures provided in 7
			 CFR § 273.15(j)(2); or
(C) the
			 household or its representative fails, without good cause, to appear at the
			 scheduled hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.200 - Household Request for Postponement

Current through Register 1525, July 5, 2024
The household may request, and is entitled to receive, a
				postponement of the scheduled hearing. The postponement shall not exceed 30
				days and the time limit for action on the decision (as provided in
				106 CMR
				367.450 ) may be extended for as many days as
				the hearing is postponed. For example, if a hearing is postponed by the
				household for ten days, notification of the hearing decision will be required
				within 70 days from the date of the request for a hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.225 - Agency Conferences

Current through Register 1525, July 5, 2024
(A) The
			 Department shall offer agency conferences to households who wish to dispute a
			 denial of expedited service or any adverse action taken by the Department. The
			 Department shall advise households that use of an agency conference is optional
			 and that it shall in no way delay or replace the fair hearing process. The
			 agency conference shall be attended by an eligibility supervisor and/or the
			 local office director or designee, and by the household and/or its
			 representative. Failure of the client to attend the agency conference shall not
			 be cause to reduce or terminate benefits. An agency conference may lead to an
			 informal resolution of the dispute. However, a fair hearing must be held unless
			 the household withdraws its appeal orally or in writing.
(B) An agency conference for households
			 disputing a denial of expedited service shall be scheduled within two working
			 days, unless the household requests that it be scheduled later.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.250 - Expedited Hearings

Current through Register 1525, July 5, 2024
The Department shall expedite hearing requests from households
				who plan to move from Massachusetts before the hearing decision would normally
				be reached. Hearing requests from these households shall be processed faster
				than others if necessary to enable them to receive a decision and a restoration
				of benefits, if the decision is in their favor, before they leave the
				area.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.275 - Continuation of Benefits

Current through Register 1525, July 5, 2024
If a household requests a fair hearing within the period
				provided in
				106 CMR
				343.250:
Continuation of Benefits
				Pending Appeal
, and its certification period has not expired, the
				household's participation in the program shall continue on the basis authorized
				immediately before the Notice of Adverse Action unless the household
				specifically waives continuation of benefits. The appeal form shall contain
				space for the household to indicate whether or not continued benefits are
				requested. If the form does not positively indicate that the household has
				waived continuation of benefits, the Department shall assume that such
				continuation is desired and the benefits shall be issued accordingly. If the
				Department action is upheld by the hearing decision, a claim against the
				household shall be established for all overissuances. If a hearing request is
				not made within the time period provided in
				106 CMR
				343.250, benefits shall be reduced or
				terminated as provided in the notice. However, if the household establishes
				that its failure to make a timely request was for good cause, as defined by
				106 CMR
				343.320(D)(1) and (2), the
				Department shall reinstate the benefits to the prior level until a decision is
				made.
When benefits are reduced or terminated due to a mass change,
				participation at the prior level shall be reinstated only if the issue being
				contested is that SNAP eligibility or benefits were improperly calculated or
				that federal law or regulations are being misapplied or misinterpreted by the
				Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.300 - Reduction or Termination of Benefits

Current through Register 1525, July 5, 2024
Once continued or reinstated, benefits shall not be reduced or
				terminated before the official hearing decision is issued, unless one of the
				following occurs:
(A)
Issue of Federal Law or Regulation
. The hearing
			 official makes a preliminary determination, in writing at the hearing, that the
			 only issue is one of federal law or regulation and that the household claim
			 that the Department improperly calculated the benefits or misinterpreted or
			 misapplied such law or regulation is invalid;
(B)
Change in Household
			 Eligibility or Benefit Level
. A change affecting the household's
			 eligibility or benefit amount occurs while the hearing decision is pending and
			 the household fails to request a hearing after the subsequent Notice of Adverse
			 Action;
(C)
Mass
			 Change
. A mass change affecting the household's eligibility or
			 basis of issuance occurs while the hearing decision is pending; or
(D)
Certification Period
			 Expires
. The household's certification period expires.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.325 - Notification of Hearing

Current through Register 1525, July 5, 2024
The time, date, and place of the hearing shall be arranged so
				that the hearing is accessible to the household. To allow adequate preparation,
				advance written notice of the hearing shall be provided to all parties involved
				at least one week prior to the hearing. However, the household or its
				representative may request to expedite the hearing. The notice shall include
				the following:
(A)
Contact
			 Person in the Division of Hearings
. The name, address, and phone
			 number of the person to notify in the event that it is not possible for the
			 household or its representative to attend the scheduled hearing;
(B)
Dismissal of Appeal for
			 Failure to Appear
. A statement that the Department will dismiss
			 the hearing request if the household or its representative fails to appear for
			 the hearing without good cause;
(C)
Fair Hearing Procedures
. An explanation of Department
			 hearing procedures and any other information which will provide an
			 understanding of the proceedings and contribute to the effective presentation
			 of the household's case;
(D)
The Right to Examine the Case File
. A statement that
			 the household or representative may examine the case file prior to the
			 hearing;
(E)
The Right
			 to Request an Interpreter
. A statement, in English, Spanish, and
			 other languages spoken by a significant minority population, emphasizing the
			 importance of understanding what is said at the hearing and of being able to
			 communicate at the hearing, and the right to bring an interpreter or to request
			 a Department-provided interpreter if he or she is not fluent in English;
			 and
(F)
Procedure and
			 Time Limit for Requesting an Interpreter
. An explanation of the
			 procedure and time limit for requesting a Department-provided interpreter and
			 of the right to at least one postponement in order to request or bring an
			 interpreter.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.350 - Attendance at Hearing

Current through Register 1525, July 5, 2024
The hearing shall be attended by a representative of the
				Department and by the household and/or its representative. The hearing may also
				be attended by friends or relatives of the household if the household so
				chooses. The hearing official shall have the authority to limit the number of
				persons in attendance at the hearing if space is limited.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.375 - Hearing Official

Current through Register 1525, July 5, 2024
(A) The person
			 designated by the Department to preside over the hearing shall be the hearing
			 official. The hearing official shall be an impartial party who does not have
			 any personal stake or involvement in the case and who was not directly involved
			 in the initial determination of the action which is being contested.
(B) The hearing official shall have the
			 following powers and duties:
(1)
Administer Oath
. The hearing official shall administer
			 oaths;
(2)
Ensure
			 Consideration of Issues
. The hearing official shall ensure that
			 all relevant issues are considered;
(3)
Record Evidence
.
			 The hearing official shall request, receive and make part of the record all
			 evidence determined necessary to decide the issues being raised;
(4)
Regulate the Conduct of the
			 Hearing
. The hearing official shall regulate the conduct and
			 course of the hearing consistent with due process to ensure an orderly
			 hearing;
(5)
Inform
			 Appellants of Right to Interpreter
. The hearing official shall
			 inform appellants who are not fluent in English of the right to a full and
			 accurate interpretation by their own interpreter, or by a Department-provided
			 interpreter. The hearing official shall conduct the bilingual hearing in
			 accordance with the guidelines found in the
Manual for Transitional
			 Assistance Referees
. The purpose of these guidelines is to enable
			 non-English speaking appellants to understand and to participate in the entire
			 hearing as fully as if the appellant were fluent in English. To achieve this
			 end, all statements made by parties present for the hearing, including
			 questions, answers, and comments of the appellant, hearing official, witnesses,
			 and any other persons participating in the hearing, shall be fully translated
			 into both languages without alteration of such statements, such as by changing
			 from the first person to the third person;
(6)
Order Medical or Professional
			 Evaluations
. The hearing official shall order, where relevant and
			 useful, an independent medical assessment or professional evaluation from a
			 source agreed upon by the household and the Department. The Department will pay
			 for the medical evaluation. In any case in which the appellant hires a
			 signature expert and is responsible to pay a fee, the Department will pay a
			 reasonable fee if the appellant prevails either at the administrative hearing
			 or in a court appeal from the administrative hearing; and
(7)
Render a Hearing
			 Decision
. The hearing official shall provide a record and render a
			 hearing decision in the name of the Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.400 - Household Rights During Hearing

Current through Register 1525, July 5, 2024
The household may not be familiar with the rules of order and
				it may be necessary to make partticular efforts to arrive at the facts of the
				case in a way that makes the household feel most at ease. The household or its
				representative must be given adequate opportunity to:
(A) Examine all documents and records to be
			 used at the hearing at a reasonable time before the date of the hearing as well
			 as during the hearing. The contents of the case file used by the Department to
			 make an eligibility decision shall be made available, provided that
			 confidential information, such as the names of individuals who have disclosed
			 information about the household without its knowledge or the nature or status
			 of pending criminal prosecutions, is protected from release. The Department
			 shall provide the appellant a free copy of portions of the case file that are
			 relevant to the hearing upon request. Confidential information protected from
			 release and other documents or records which the household will not otherwise
			 have an opportunity to contest or challenge shall not be introduced at the
			 hearing or affect the hearing official's decision;
(B) Present the case or have it presented by
			 a legal counsel or other person;
(C) Bring witnesses;
(D) Advance arguments without undue
			 interference;
(E) Question or
			 refute any testimony or evidence, including an opportunity to confront and
			 cross-examine adverse witnesses;
(F) Submit evidence to establish all relevant
			 facts and circumstances in the case; and
(G) Have the hearing conducted through an
			 interpreter in accordance with
			 106 CMR
			 367.375.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.425 - The Appeal Decision

Current through Register 1525, July 5, 2024
(A) Decisions of
			 the hearing official shall comply with Department policy and be based on the
			 hearing record. The verbatim transcript or recording of testimony and exhibits,
			 or an official report containing the substance of what transpired at the
			 hearing, together with all papers and requests filed in the proceeding, shall
			 be retained in accordance with Department policy and shall constitute the
			 exclusive record for the final decision of the hearing official. The record
			 will be available for copying and inspection by the household or its
			 representative during normal office hours.
(B) A decision by the hearing official shall
			 be binding on the Department and shall summarize the facts of the case, specify
			 the reasons for the decision, and identify the supporting evidence and the
			 pertinent Department policy. The decision shall become a part of the hearing
			 record.
(C) The household shall be
			 sent a copy of the decision, be advised of the right to judicial review where
			 the Department action is upheld, and be advised that the household's benefits
			 will be issued or terminated as decided by the hearing
			 official.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.450 - Time Period for Rendering and Implementing Decision

Current through Register 1525, July 5, 2024
Within 60 days of receipt of a request for a fair hearing, the
				Department shall conduct the hearing, arrive at a decision, and notify the
				household of the decision.
(A)
Decision in Favor of the Household
. When the hearing
			 official determines that a household has been improperly denied program
			 benefits or has been issued a lesser allotment than was due, lost benefits
			 shall be provided in accordance with
			 106 CMR
			 366.500:
Households Living with
			 Non-household Members
. Decisions which result in an increase in
			 household benefits shall be reflected in the monthly allotment within ten days
			 of the receipt of the decision. The Department may take longer than the ten
			 days if the decision will be effective in the normal issuance cycle, as long as
			 the issuance will occur within 60 days from the household's request for the
			 hearing. The Department shall restore benefits to households who are leaving
			 the State before the departure if possible. If benefits are not restored before
			 departure, the Department shall restore the benefits and send a copy of the
			 hearing decision to the household.
(B)
Decision Against the
			 Household
. Decisions which result in a decrease in the household
			 benefits shall be reflected in the next scheduled issuance after the fair
			 hearing decision is issued. When the hearing official upholds the Department
			 action, a claim against the household for any overissuance shall be prepared in
			 accordance with Department policy.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.475 - Judicial Review

Current through Register 1525, July 5, 2024
When the hearing official upholds the Department action, the
				household shall be notified of the right to seek judicial review of the
				decision.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.485 - Compilation of Fair Hearing Decisions

Current through Register 1525, July 5, 2024
All Department hearing records and decisions shall be available
				for public inspection and copying, subject to disclosure safeguards provided in
				106 CMR
				360.400:
Disclosure of Confidential
				Information
and provided that identifying names and addresses of
				household members and other members of the public are kept
				confidential.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.490 - Claim Determinations

Current through Register 1525, July 5, 2024
The Department shall establish a claim for overissuance against
				any household that has received more SNAP benefits than it was entitled to
				receive. The Department must establish a claim for overissuance against any
				household that contains an adult member who was also an adult member of another
				household that received more SNAP benefits than it was entitled to receive. All
				adult household members shall be jointly and severally liable for the value of
				any overissuance of benefits to the household.
A claim shall be established for an unintentional program
				violation, in accordance with
				106 CMR
				367.495. A claim shall also be established
				for an intentional program violation in accordance with
				106 CMR
				367.500.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.495 - Unintentional Program Violations

Current through Register 1525, July 5, 2024
A claim for overissuance is considered an unintentional program
				violation claim if it was not caused intentionally, as defined in
				106 CMR
				367.525. All claims established shall be
				collected in accordance with
				106 CMR
				364.870:
Unintentional Program
				Violation Claim Demand Letter (Request for Repayment
).
An overissuance claim of an unintentional program violation may
				be established due to either an inadvertent household error or an agency error
				that occurred no more than six years prior to the month in which the
				overissuance was discovered.
(A)
Inadvertent Household Error
. A claim shall be
			 considered to be an inadvertent household error claim if the overissuance was
			 caused by a misunderstanding or unintended error on the part of the household.
			 Inadvertent household error includes, but is not limited to, instances in which
			 the household:
(1) unintentionally failed to
			 provide correct or complete information;
(2) unintentionally failed to report a change
			 in circumstances;
(3) received
			 benefits to which it was not entitled; or
(4) received more benefits than it was
			 entitled to receive, pending a Fair Hearing decision.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.500 - Intentional Program Violation Claim

Current through Register 1525, July 5, 2024
A claim for overissuance shall be pursued as an intentional
				program violation claim if an Administrative Disqualification Hearing, or a
				court of appropriate jurisdiction, has found that a household member committed
				an intentional program violation, or if the individual has filed a signed
				waiver of his or her right to an Administrative Disqualification Hearing or
				entered into a consent agreement with the court. All claims established under
				the Food Stamp Act and future claims shall be collected in accordance with 106
				CMR 367.500.
(A)
Calculating the Amount of an Intentional Program Violation
			 Claim
. The amount of an overissuance claim due to an intentional
			 program violation is determined by calculating the difference between the
			 amount actually received and the amount the household should have received
			 during the time period at issue. When determining the amount of benefits the
			 household should have received, the Department shall not apply the 20% earned
			 income deduction to that portion of earned income which the household
			 intentionally failed to report. The Department shall not include any portion of
			 an overissuance that occurred in a month more than six years from the date the
			 overissuance was discovered.
If the household member is determined to have committed an
				intentional program violation by knowingly, willfully, and with deceitful
				intent failing to report a change in its household circumstances, the first
				month benefits were overissued shall be the first month the change would have
				been made effective had it been reported on time.
(B)
Collection of Intentional
			 Program Violation Claim
.
(1) If
			 the household member is found to have committed an intentional program
			 violation at either an Administrative Disqualification Hearing or by a court of
			 appropriate jurisdiction, or if the individual has entered into a consent
			 agreement with the court or filed a signed waiver in accordance with
			 106 CMR 367.660,
			 the Department shall send an IPV claim demand letter and a repayment agreement
			 letter in accordance with
			 106 CMR
			 367.825 unless:
(a) the household has already repaid the
			 claim;
(b) the Department has
			 documentation which shows that no member of the household can be located;
			 or
(c) the legal representative
			 prosecuting a member of the household for intentional program violation advises
			 in writing that collection action will prejudice the case.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.510 - Methods of Collecting Overissuance Claims

Current through Register 1525, July 5, 2024
Payments on unintentional or intentional program violation
				claims shall be collected in one of the following ways, by:
(A) Benefit reduction;
(B) Withholding amounts from unemployment
			 compensation;
(C) Federal payment
			 offset;
(D) Federal salary offset;
			 or
(E) Any other reasonable means.
The amount of regular installment payments or wage assignment
				payments shall not be less than the amount that could be collected by automatic
				benefit reduction (10% or $10, whichever is greater, for an unintentional
				program violation; 20% or $20, whichever is greater, for an intentional program
				violation). The amount of the claim shall be offset by any lost benefits which
				are owed to a household until the time the claim is terminated. Civil court
				action may be initiated to obtain payment of the claim.
The Department may adjust the claim by reducing it to an amount
				that will allow the household to pay the claim within three years if the full
				amount of the claim cannot be paid in full during this period without creating
				a financial hardship for the household. The Department shall not compromise
				below the amount which could be collected by automatic benefit reduction (10%
				or $10, whichever is greater, for an unintentional program violation; 20% or
				$20, whichever is greater, for an intentional program violation).
Benefit reduction shall be the collection method if repayment
				terms are not agreed upon. Repayment shall begin no later than 30 days from the
				date the repayment agreement is mailed.
Wage assignment shall be the collection method for employed
				former clients who are delinquent.
The Treasury Offset Program (TOP) allows the Department to
				collect a overpayments by intercepting payments due to a former client from any
				agency in the federal government.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.515 - Claims Discharged Through Bankruptcy

Current through Register 1525, July 5, 2024
The Department shall act on behalf of and as FNS in any
				bankruptcy proceedings against bankrupt households owing SNAP claims. The
				Department shall possess any rights, priorities, interests, liens or
				privileges, and shall participate in any distributions of assets, to the same
				extent as FNS. Acting as FNS, the Department shall have the power and authority
				to file objections to discharge, proofs of claims, exceptions to discharge
				petitions for revocation of discharge, and any other documents, motions or
				objections which FNS might have filed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.520 - Introduction to Administrative Disqualification Hearings (ADH)

Current through Register 1525, July 5, 2024
An ADH shall conducted in order to determine if an intentional
				program violation (IPV) has been committed. An ADH shall be initiated by the
				Department if evidence exists to indicate an IPV was
				committed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.525 - Definition of an Intentional Program Violation (IPV)

Current through Register 1525, July 5, 2024
For purposes of determining at an ADH whether or not an IPV was
				committed, an IPV is any action taken by an individual for the purpose of
				establishing or maintaining SNAP eligibility or for increasing or preventing a
				reduction in the allotment amount which is committed knowingly, willfully,
				and/or with deceitful intent. Examples of IPVs include, but are not limited
				to:
(A) Making a false statement(s) to
			 the Department, either orally or in writing, to obtain or maintain SNAP
			 benefits to which the household is not entitled;
(B) Concealing information to obtain or
			 maintain SNAP benefits to which the household is not entitled;
(C) Making a false or misleading statement(s)
			 or misrepresentation(s) to conceal or withhold facts to obtain or maintain SNAP
			 benefits to which the household is not entitled;
(D) Altering or transacting SNAP benefits to
			 obtain benefits to which the household is not entitled;
(E) Using SNAP benefits to buy nonfood items
			 such as alcohol or tobacco;
(F)
			 Using or possessing improperly obtained SNAP benefits;
(G) Trading or trafficking (buying or
			 selling) SNAP benefits; or
(H)
			 Intentionally committing any act which violates the state
			 regulations.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.550 - Warning to Applicants

Current through Register 1525, July 5, 2024
The Department shall inform households in writing of the
				disqualification penalties for committing an IPV at each application. The
				penalties shall be written in clear, prominent and boldface lettering on the
				application form or as a separate notification. The Department shall provide
				the written penalty warning in English, Spanish, and other languages spoken by
				a significant minority population.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.600 - Administrative Disqualification Hearing Provisions

Current through Register 1525, July 5, 2024
The provisions of
				106 CMR
				367.350,
				367.375,
				367.400,
				367.425(A)
				 and
				367.520
				through
				367.825
				are applicable to ADHs. The hearing official shall advise the household member
				or his or her representative that he or she may refuse to answer questions
				during the ADH.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.625 - Timeliness Standards

Current through Register 1525, July 5, 2024
The Department shall provide written notice to the household
				member suspected of an IPV at least 30 days in advance of the hearing. The
				household member or representative is entitled to one postponement of up to 30
				days provided the request for postponement is made at least ten days in advance
				of the hearing. Within 90 days of the date the household member is notified,
				the Division of Hearings shall conduct the hearing and the hearing official
				shall render a written decision. The Department must implement the decision
				effective beginning the first possible month following the date the household
				is sent written notification of the decision. If the hearing is postponed, the
				90-day time limit shall be extended for as many days as the hearing is
				postponed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.650 - Consolidation of ADH with Fair Hearing

Current through Register 1525, July 5, 2024
To determine the amount of any overissuance claim, the
				Department may combine a fair hearing and an ADH if the factual issues arise
				out of the same or related circumstances. The household member shall receive
				prior notice that the hearings will be consolidated and that the claim amount
				shall be determined as a result. The member shall also be informed that due to
				the consolidation, he or she shall not have the right to a subsequent fair
				hearing to dispute the claim amount. The timeliness standards of
				106 CMR
				367.625 shall be in effect.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.660 - Waiver of an ADH

Current through Register 1525, July 5, 2024
The individual may waive the ADH by signing a waiver form. The
				individual suspected of an IPV, and the head of the SNAP household, if
				different, may complete, sign and return the waiver form to the Department. By
				completing, signing and returning the waiver form, the individual and the
				household agree to all penalties and requirements, including repayment,
				incumbent upon a household containing a member who is found guilty of an IPV at
				an ADH.
The waiver form shall include:
(A) a statement that signing the form will
			 result in automatic disqualification and recoupment;
(B) the opportunity for the individual
			 accused of an IPV to admit or not to admit the charges cited in the ADH advance
			 notice;
(C) a statement that
			 neither the household nor the individual has the right to a subsequent fair
			 hearing on the same issue(s), nor on the amount of the claim;
(D) a statement that the remaining household
			 members will be held responsible for the claim even if the household
			 composition changes or the household stops participating in the
			 program;
(E) the name and telephone
			 number of someone who can be of assistance if the accused should wish to
			 discuss the charges, or the implications of the waiver;
(F) a place for the individual and the head
			 of household or authorized representative to sign the form;
(G) a statement that failure to sign and
			 return this form within the period specified by the Department will result in
			 the holding of an ADH;
(H) the
			 charge(s) against the household member;
(I) a summary of evidence and how and where
			 it can be examined;
(J) a listing
			 of the household member's rights as described in
			 106 CMR
			 367.400;
(K) a copy of the Department's ADH hearing
			 procedures; and
(L) a statement
			 that failure to return this waiver shall in no way have a negative impact on
			 the result of the ADH.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.675 - Advance Notice of an ADH

Current through Register 1525, July 5, 2024
The Department shall provide advance notice of an ADH in
				accordance with
				106 CMR
				367.625. No notice shall be sent and no ADH
				shall be held unless it is determined that the client received the penalty
				warning in the appropriate language prior to the date of the suspected IPV.
				This notice shall be sent by First Class Mail and shall contain:
(A) the date, time, and place of the
			 hearing;
(B) the charge(s) against
			 the household member;
(C) a summary
			 of the evidence, and how and where it can be examined;
(D) a warning that the decision will be based
			 solely on information provided by the Department if the household member fails
			 to appear at the hearing;
(E) a
			 warning that a finding that an IPV was committed will result in a 12-month
			 period of disqualification for the first finding; a 24-month period of
			 disqualification for the second finding; and permanent disqualification for the
			 third finding;
(F) a listing of the
			 household member's rights provided in
			 106 CMR
			 367.400;
(G) a copy of the Department's hearing
			 procedures;
(H) a statement that
			 the household member may call the local office to obtain the name and telephone
			 number of someone who can provide free legal advice; and
(I) a statement that the household member or
			 authorized representative has ten days from the date of the scheduled hearing
			 to present good cause for failure to appear, in order to receive a new
			 hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.700 - Scheduling of the Hearing

Current through Register 1525, July 5, 2024
The time and place of the ADH shall be accessible to the
				household member suspected of an IPV. If the household member or his or her
				representative fails to appear at the hearings without good cause, the hearing
				shall be conducted and if not present, the hearing official is required to
				carefully consider the evidence and determine if an IPV was committed based on
				clear and convincing evidence. If the household member is found to have
				committed an IPV but the Director of the Division of Hearings for the
				Department later determines that the household member or representative failed
				to appear with good cause, in accordance with
				106 CMR
				343.320(D), the previous
				decision shall no longer be valid and the Department shall conduct a new
				hearing. The household member has ten days from the date of the scheduled
				hearing to present reasons indicating good cause for failure to
				appear.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.725 - Participation While Awaiting an ADH

Current through Register 1525, July 5, 2024
The Department shall determine the eligibility and benefit
				level for a household awaiting an ADH decision by considering all factors
				except those concerning the IPV or related recoupment. Changed circumstances,
				the expiration of the certification period, and all other program rules shall
				be treated in the usual manner.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.750 - Standard of Proof for Determining an IPV

Current through Register 1525, July 5, 2024
The hearing official shall base the determination of an IPV on
				clear and convincing evidence which demonstrates that the household member
				willfully, knowingly, and with deceitful intent committed an
				IPV.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.800 - Disqualification Penalties

Current through Register 1525, July 5, 2024
(A)
Disqualification for Intentional Program Violations
.
(1) Individuals found to have committed a
			 SNAP IPV at an ADH shall be ineligible for SNAP benefits for a period of one
			 year for the first finding, two years for the second finding and permanently
			 for the third finding.
(2)
			 Individuals found to have committed a cash program IPV at an ADH, in the
			 absence of a SNAP IPV under 106 CMR 367.800(A)(1), shall be ineligible for SNAP
			 benefits for the period required under the cash program rules.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.825 - Results of an ADH - Notification

Current through Register 1525, July 5, 2024
(A)
			 If the hearing official determines the household member(s) did not commit an
			 IPV, the Department shall inform that member(s) in writing of such finding. The
			 notice shall contain the date the ADH was held, the case number and the
			 findings of the hearing official.
(B) If the hearing official determines the
			 household member(s) committed an IPV, the Department shall inform the member(s)
			 in writing of the decision, the reason for the decision, and that he or she
			 will be disqualified from the program for the appropriate time period. The
			 notification shall contain the following information:
(1) The case name and number, the amount of
			 the claim, date of decision, the number of months of disqualification, and
			 notification that if the member is no longer participating the disqualification
			 will be deferred until he or she reapplies and is determined to be
			 eligible.
(2) A separate notice to
			 the remaining household member(s), if any, of the adjusted benefit level or
			 notice that the household must reapply because the certification period has
			 expired. The notification will also contain information regarding the
			 household's right to a fair hearing regarding the new benefit level unless the
			 hearing has already been consolidated with an ADH or a waiver or consent
			 agreement has been filed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.840 - Out-of-state Disqualification Referrals

Current through Register 1525, July 5, 2024
Any SNAP disqualification from another state due to an IPV will
				be upheld in Massachusetts as if the decision originated in
				Massachusetts.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims › Section 367.850 - Introduction to Civil and Criminal Prosecution

Current through Register 1525, July 5, 2024
A case of an alleged intentional program violation may be taken
				to a court of appropriate jurisdiction for civil or criminal
				prosecution.