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 399.9 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 administrative food stamp fraud (pre-August 1, 1983 acts). Individuals found to
			 have committed fraud through an administrative food stamp fraud hearing shall
			 be ineligible to participate in the Food Stamp Program for three months. The
			 period is three months regardless of either the amount of food stamps
			 fraudulently obtained or the number of fraudulent acts found in the hearing
			 decision to have been committed.
(b) Individuals found guilty of criminal or
			 civil fraud by a court of appropriate jurisdiction where the acts of fraud all
			 occurred prior to August 1, 1983, shall be ineligible to participate for not
			 less than 6 months and not more than 24 months as determined by the court.
			 Provided, however, that if the court fails to specify or address a
			 disqualification period for the fraudulent act(s), the local social services
			 district shall impose a 6-month disqualification period unless it is contrary
			 to the court order.
(c) For
			 intentional program violation(s) (acts committed on or after August 1, 1983),
			 individuals found to have committed an intentional program violation either
			 through an administrative disqualification hearing or by a court of appropriate
			 jurisidiction, 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 Food Stamp
			 Program for 6 months for the first violation, 12 months for the second
			 violation and permanently for the third violation. However, one or more acts of
			 administrative food stamp fraud which occurred prior to August 1, 1983, shall
			 be considered as only one violation for purposes of applying the
			 disqualification rules above.
(d)
			 Court determination. If a court of appropriate jurisdiction determines that an
			 individual has engaged in conduct that would constitute fraud as defined in
			 subdivision (a) of this section or an intentional program violation as defined
			 in subdivision (c) of this section, the local social services district must
			 impose the penalties specified in this section.
(1) Notwithstanding the provisions of
			 subdivision (c) of this section, an individual found guilty of an intentional
			 program violation must be disqualified for the length of time specified by the
			 court, if the court has imposed a disqualification period for such a
			 violation.
(2) If a court fails to
			 impose a disqualification period for an intentional program violation, the
			 local social services district must impose the disqualification penalties
			 specified in subdivision (c) of this section, unless such imposition is
			 contrary to the court order.
(3) If
			 disqualification is ordered but a date for initiating the disqualification
			 period is not specified, the local social services district must initiate the
			 disqualification period for currently eligible individuals within 45 days of
			 the date the disqualification was ordered. Any other disqualification imposed
			 as the result of a court determination must begin within 45 days of the date
			 the court found that a currently eligible individual engaged in conduct
			 determined to be civil or criminal misrepresentation or fraud.