New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 5 - MISCELLANEOUS › Part 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.5 - Intentional program violation (acts occurring on or after August 1, 1983)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon discovery
			 that an overpayment in food stamps has occurred based upon the act or omission
			 to act of a recipient or former recipient which occurred on or after August 1,
			 1983, the local social services district shall document the determination in
			 order to reach a conclusion as to whether the overpayment was caused by an
			 inadvertent household error or an intentional program violation.
(b) In all instances of an overpayment in
			 food stamps based upon the act or omission to act of a recipient or former
			 recipient in the absence of the written authorization set forth in section
			 399.2(b) 
			 of this Part, the local social services district shall treat the overpayment
			 initially as a inadvertent household error and shall send a demand letter for
			 repayment, approved by the department, to the household which identifies the
			 overpayment as an inadvertent household error. Such letter shall provide, among
			 other things, the right to a fair hearing should the household disagree with
			 the determination of the local district.
(c) Should the local social services district
			 further conclude that the overpayment was occasioned by an intentional program
			 violation and that referral to the local district attorney (or other local
			 equivalent) pursuant to section
			 399.4(b) 
			 of this Part is either not warranted or not possible due to the amount in
			 issue, then the local district may process the case for an administrative
			 disqualification hearing. Such action should be taken either simultaneously
			 with, or subsequent to, the acts required by subdivision (b) of this
			 section.
(d) Should the local
			 social services district refer an overpayment to the local district attorney
			 (or other local equivalent) pursuant to section
			 399.4(b) 
			 of this Part, and should that local official decline prosecution or fail to
			 take action on the referral within a reasonable period of time, and the local
			 district then elects to initiate procedures for an administrative
			 disqualification hearing pursuant to section
			 399.7 
			 of this Part, the local district must formally withdraw the referral in writing
			 to the local official before referring the case to the department. Failure to
			 present evidence of such a formal written withdrawal either in its evidentiary
			 transmittal to the department or at the hearing may result in an administrative
			 disqualification hearing decision adverse to the district.
(e) The evidentiary packet forwarded by the
			 local district to the department accompanying the local social services
			 district's request for an administrative disqualification hearing shall have
			 consecutively numbered pages, shall be submitted in three copies and shall
			 include but not be limited to the items particularly set forth in section
			 399.3(i)(1)-(9) 
			 of this Part.
(f) All evidentiary
			 packets shall be submitted to the office accompanied by a request for an
			 administrative disqualification hearing and shall be mailed to the Office of
			 Administrative Hearings, New York State Office of Temporary and Disability
			 Assistance.