10 CCR 2506-1-4.804 - COURT ACTION
A. Local offices
are encouraged to refer for prosecution under state fraud statutes those
individuals suspected of committing fraud, particularly if large amounts of
benefits are suspected of being fraudulently obtained or the individual is
suspected of committing more than one (1) fraudulent act. The local office
shall confer with its legal representative to determine the types of cases that
will be accepted for possible prosecution.
B. An individual must be found guilty of
fraud through criminal court in order for the local office to impose a
disqualification penalty. However, when a determination of guilt is not
obtained because of a case involving court-deferred adjudication or
plea-bargaining, a disqualification penalty may be imposed if a signed consent
agreement is obtained from the individual.
C. A summary or copy of a referral for
prosecution shall, together with the date of the referral, be forwarded to the
state department.
D. Local offices
shall disqualify an individual found guilty of fraud or the length of time
specified by the court. If the court fails to impose a disqualification period,
the local office shall impose an appropriate disqualification in accordance
with Section 4.803.3, unless imposing a disqualification would be contrary to
the court order.
E. If
disqualification is ordered but a date for initiating the disqualification
period is not specified, the local office shall initiate the disqualification
period for individuals within forty-five (45) calendar days from the date the
disqualification was ordered. Any other court-imposed disqualification shall
begin within forty-five (45) calendar days from the date the court found an
individual guilty of civil or criminal misrepresentation or fraud.
F. Once a disqualification period has been
imposed against a currently participating household member, the period of
disqualification shall continue uninterrupted until completed regardless of the
eligibility of the disqualified member's household.
G. If the court finds that the individual
committed fraud, the county shall mail to the household, prior to the
disqualification whenever possible, a notice informing the household of the
disqualification and the date the disqualification will take effect, and shall
advise the remaining household members of the allotment they will receive
during the period of disqualification or that they must reapply because the
certification period has expired.
4.804.1
Disqualification Consent
Agreement (DCA)
A. Criteria for DCA
If county prosecutors pursue a DCA, the agreement shall provide the household advance notification of the consequences of consenting to the disqualification. The consent agreement shall contain the following:
1. A statement for the accused individual to
sign that they understand the consequences of consenting to
disqualification.
2. A signature
block for the accused individual;
3. A statement that the head of household
must also sign the consent agreement if the accused individual is not the head
of household;
4. A signature block
for the head of household;
5. 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;
6. A warning that the
disqualification penalties for fraud under SNAP that could be imposed and a
statement of which penalty the hearing office believes is applicable to the
case scheduled for the hearing; and
7. 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.
B. Imposing
Disqualifications When Consent Agreements are Obtained
1. If the household member suspected of fraud
signs the disqualification consent agreement, the household member shall be
disqualified in accordance with the disqualification periods specified in
Section 4.803.2, F, unless contrary to the court order.
2. Once a disqualification penalty has been
imposed against a currently participating household member, the period of
disqualification shall continue uninterrupted until completed, regardless of
the eligibility of the disqualified member's household. However, the
disqualified member's household shall continue to be responsible for repayment
of the over-issuance that resulted from the disqualified member's suspected
fraudulent act, regardless of its eligibility for Program
benefits.
C. Notification
to Household of Disqualification
1. If the
household member suspected of fraud signs the disqualification consent
agreement, the local office shall provide written notice to the household
member. The notice shall be provided prior to disqualification. The notice
shall inform the household member of the disqualification and the date the
disqualification will take effect.
2. The local office shall also provide to the
remaining household members, if any, the allotment they will receive during the
period of disqualification or notice that they must reapply because the
certification period has expired. The procedures for handling the income and
resources of the disqualified member are described in Section
4.411.1.
Notes
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