Disqualification in Another State 400-19-137-50

(Revised 10/1/15 ML #3459)

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

 

A disqualification imposed on an individual in another state must also be imposed in North Dakota. The county must obtain copies of court decisions, administrative disqualification hearing determinations, signed disqualification consent agreements or administrative disqualification hearing waivers in electronic or hard copy. If the county needs assistance in obtaining the verification, contact the State Policy Staff.

 

An individual who is found to have committed an Intentional Program Violation (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 who has moved to North Dakota and the individual is found guilty of fraud or an Intentional Program Violation (IPV) in that state, the county must impose the proper IPV disqualification in North Dakota.
  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.
    • In these situations, the county must create a Disqualification in Vision, with a type of ‘IPV – Out of State’ and enter the disqualification period assigned by the other state.
  3. 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.
    • In these situations, the county must create a Disqualification type of ‘IPV – Out of State (SV)’ and enter the appropriate number of completed Out of State IPV’s in Vision.
  4. An individual disqualified permanently due to having three or more IPV’s in another state continues to be disqualified in North Dakota.
    • In these situations, the county must create a Disqualification type of ‘IPV – Out of State (SV)’ and enter the appropriate number (3) of completed Out of State IPV’s in Vision.
  5. 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 two or more states continues to be disqualified in North Dakota.
    • In these situations, the county must create a Disqualification type of ‘Dual Benefits-Court’ and enter the start date in Vision. The system will default a 10-year period. The county will need to contact State TANF/JOBS policy staff to have the period updated to match the other state’s disqualification period.