Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-03 - State hearings: penalties for an intentional program violation

Current through all regulations passed and filed through July 1, 2024
(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 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 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 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 be permanently ineligible to
				participate in the program upon the first occasion of such violation.
(8) Receipt of multiple benefits
			 simultaneously
An individual shall 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.