Initiating Administrative Disqualification Hearing Procedures 400-19-125-35

(Revised 6/1/10 ML #3218)

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Administrative disqualification hearing procedures should be initiated in instances when there is sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation. The following procedures are recommended:

  1. The county social service shall complete the first portion of SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation.

Indicate the household member against whom there is evidence of a violation. In most instances this will be the household member who has completed the application, monthly report form, or any other appropriate materials used in the eligibility process containing the false information.  When completing the section that describes the violation, be brief and to the point. Please address the specific household member. Identify what the household member represented, as well as when and how. Describe what is believed to be the true information and where the information came from. If more room is needed, use a second sheet. Many disqualifications involve unreported wages, so a typical example will look like this:

 

You submitted reports for (identify the month or months and year) on which you certified that no household member had income from employment. We now have wage information which shows that (name of household member) was employed by (name of employer) and had income from that employment during those months. The employer has verified that (name) was employed there from (date) to (date) and received income in the amount of ($).

  1. The TANF Eligibility Worker shall contact the individual and arrange an appointment to discuss the issue.

  2. At the meeting, the individual shall be given a copy of the DN 1087, Legal Service Organizations. This serves to meet the federal requirement that individuals being considered for administrative disqualification procedures be notified of the availability of free legal assistance.

  3. If during the meeting, it is determined there was no intentional violation, SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation is placed in the file with a notation that it was not forwarded for further action along with a summary of the explanation, as given by the individual. However, any overpayments must still be recovered.

  4. If during the meeting, the TANF Eligibility Worker believes the violation did occur and the individual has no satisfactory explanation, the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation is given to the individual, along with an explanation of the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation and the consequences relating to the signing of waiver A or B.

 

The TANF Eligibility Worker must explain that signing either waiver will result in specific program disqualification for 12-months on the first violation, 24 months for a second violation and permanently for a third violation. Continued eligibility for TANF requires that at least one member of the household retains TANF eligibility.

 

Only the individual(s) found to have committed the violation or who signed the waiver or the consent agreement in court cases, and not the entire household, shall be disqualified; their income and assets will continue to be used in determining eligibility and benefit amount.

  1. If the waiver is signed, give the individual a copy of the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation.  Send the original of the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation, along with a letter detailing the violation, to the Appeals Supervisor at the state office.

  2. If the individual comes to the meeting but does not wish to sign the waiver, explain that a hearing will be held, usually by telephone, unless they request that a hearing officer be present as indicated on the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation. Give the individual a copy of the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation. Mail the original along with a letter detailing the violation, copies of relevant parts of the monthly report, statement of facts or the Application for Assistance (SFN 405), copies of any verification you obtained, etc., to the Appeals Supervisor at the state office. It will not usually be necessary to copy the entire monthly report, as long as it is identified.

  3. If the individual suspected fails to respond within two weeks to a request for a meeting or agrees to a meeting but fails (without satisfactory explanation within three days after the scheduled meeting) to appear for the meeting, then forward the SFN 1940, TANF/SNAP Notice of Suspected Intentional Program Violation, along with a letter detailing the violation, to the Appeals Supervisor. The household continues to participate at the same benefit level as any other household while awaiting a disqualification decision. The overpayment continues to be collected at the rate of 10%. Full repayment of the overpayment before the disqualification decision is reached does not stop the disqualification procedure from taking place.