Disqualification in Another State 400-19-135-50

(Revised 6/1/10 ML #3218)

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This has been renumbered to 400-19-137-50

 

 

(N.D.A.C. 75-02-01.2-72(8))

 

A disqualification penalty imposed on an individual in another state shall be used in determining the appropriate disqualification penalty for an individual in North Dakota. A person who, on any basis, is found to have committed an IPV by a state administration, disqualification proceedings, or by a federal or state court must be subject to the penalties provided in N.D.A.C. 75-02-01.2-72(2) & (5) and the individual’s needs may not be included in the TANF benefit.

  1. If another state takes action against an individual and the individual is found guilty of fraud or an IPV, the TANF Eligibility Worker must impose the proper IPV disqualification in North Dakota, provided the TANF Eligibility Worker becomes aware of the action.
  2. If the individual is under a disqualification for an IPV in another state when they move to North Dakota and the individual served a portion of the disqualification in the other state, the individual must serve the remainder of the penalty in North Dakota, provided the TANF Eligibility Worker is aware of the disqualification.  
  3. To accomplish this, the TANF Eligibility Worker must create a Disqualification in the automated computer system, with a type of ‘IPV – Out of State’ and enter the disqualification period assigned by the other state.
  1. If the individual has an IPV and served the disqualification period in another state before coming to North Dakota, the penalty must be entered into the automated computer system.
  2. To accomplish this, the TANF Eligibility Worker must create a Disqualification type of ‘IPV – Out of State (SV) and enter the appropriate number of completed Out of State IPV’s in the automated computer system, provided the TANF Eligibility Worker is informed of this.
  1. An individual disqualified permanently due to having 3 or more IPV’s in another state continues to be disqualified in North Dakota.  
  2. To accomplish this in the automated computer system, the TANF Eligibility Worker must create a Disqualification type of ‘IPV – Out of State(SV) and enter the appropriate number (3) of completed Out of State IPV’s, provided the TANF Eligibility Worker is informed of this.
  1. An individual disqualified for having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from 2 or more States continues to be disqualified in North Dakota, provided the TANF Eligibility Worker is informed of this.    
  2. To accomplish this in the automated computer system, the TANF Eligibility Worker must create a Disqualification type of ‘Dual Benefits-Court and enter the start date.  The system will default  a 10-year period. The TANF Eligibility Worker will need to contact State TANF/JOBS policy staff to have the period updated to match the other state’s disqualification period.

Note: All of this is predicated on the assumption that either the client or the other state agency informs North Dakota of the previous IPV or fraud action.