Department of Human Services

Food Stamp Online  Policy Manual

Overissuances and Claims

Revised: 

39.6

PRE-TRAIL DIVERSION

Food Stamp Table of Contents

1240-1-20-.06

Individuals referred for prosecution for intentional program violation may be allowed to sign disqualification consent agreements in cases of pre-trial diversion.  The procedures are outlined in this section.

 

(1)   Advance Notification

 

The accused household member shall be provided with advance written notification of the consequences of consenting to disqualification in cases of pre-trial diversion.  The written notification shall include at a minimum:

 

(a)     A statement for the accused individual to sign that he/she understands the consequences of consenting to disqualification, along with a statement that the head of household must also sign the consent agreement if the accused individual is not the head of household.

 

(b)    A statement that consenting to disqualification will result in disqualification and a reduction in benefits for the period of disqualification, even though the accused individual was not found guilty of civil or criminal misrepresentation or fraud.

 

(c)     A warning that the disqualification penalties for intentional Program violation under the Food Stamp Program which could be imposed are:  a twelve-month disqualification for the first violation, two-year disqualification for the second violation, and permanent disqualification for the third violation; and a statement of which penalty will be imposed as a result of the accused individual having consented to disqualification.

 

(d)    A statement of the fact that the remaining household members, if any, will be held responsible for repayment of the resulting claim, unless the accused individual has already repaid the claim as a result of meeting the terms of the agreement with the prosecutor or the court order.

 

(2)   Imposition of Disqualification Penalties

If the household member suspected of intentional Program violation signs the disqualification consent agreement, the household member shall be disqualified in accordance with Section 1240-1-20-.02.

 

(3)   Notification of Disqualification

 

If the household member suspected of intentional Program violation signs the disqualification consent agreement, the Department shall provide written notice to the household as follows:

 

(a)   The household member who is being disqualified shall be informed of the disqualification and the date the disqualification will take effect.

 

(b)   The remaining household members, if any, shall be notified of the allotment they will receive during the period of disqualification or that they must reapply because the certification has expired.  In addition, the Department shall provide a written demand letter for restitution as described in Section 1240-1-20-.07.

 

Glossary of Terms

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