Court Conviction 400-19-137-30

(New 10/1/15 ML #3459)

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IM 5309

 

 

Counties may refer individuals suspected of committing an Intentional Program Violation (IPV) to their states attorney for prosecution. The county must confer with its legal representative to determine the types of cases that will be accepted for possible prosecution.

 

Suspected fraud violations occurring on Indian reservations should be referred to the state's attorney. If the state’s attorney’s office does not have jurisdiction over the matter, the case will be referred to the U.S. Attorney's office that has jurisdiction on that reservation. If the state's attorney does not refer the matter to the U.S. Attorney's office, the county social service office should do so.

 

The county must not initiate an IPV against an individual for the same or related circumstances that have already been referred for prosecution.

 

If an individual is convicted through this procedure the county will receive a judgment.

 

Upon receipt of a judgment:

 

If the judgment includes a disqualification period, impose the disqualification following the TANF disqualification timeframes.

Example:

If a court conviction is received with a disqualification period included, the disqualification period imposed is:

• 12 months if it is a first disqualification,
• 24 months if it is a second disqualification,
• Permanently if it is a third disqualification.

Example:

If a court conviction is received and does not include a disqualification period, the disqualification period imposed is:

• 12 months if it is a first disqualification,
• 24 months if it is a second disqualification,
• Permanently if it is a third disqualification.

If the judgment does not include a disqualification period, the county must forward the following information to the Appeals Supervisor to process the judgment under the IPV provisions:

• Criminal Complaint;
• Judgment or Order; and
• A cover letter detailing the violation including the name, address, case number, client ID, and any prior disqualifications.

The Appeals Supervisor must then process the Findings and Order for the disqualification which is sent to the Executive Director for signature. Upon receipt of the signed Findings and Order, the county must impose the specific program disqualification time periods.