Tenn. Comp. R. & Regs. 1240-05-14-.01 - PENALTIES FOR INTENTIONAL PROGRAM VIOLATIONS

(1) Individuals Who Commit Intentional Program Violations. If an Administrative Disqualification Hearing Official or a court of appropriate jurisdiction determines that a household member has committed an intentional program violation as defined in 1240-05-14-.02, or if the household member signs a waiver of right to an administrative disqualification hearing or an administrative consent agreement, that individual shall be disqualified from participation in the SNAP Program as follows:

(a) One year for the first violation;

(b) Two years for the second violation, or for the first occasion of a finding by a Federal, State, or Local court of the trading of coupons for a controlled substance as defined in 21 U.S.C. § 802;

(c) Permanently for the third violation;

(d) Permanently if convicted of trafficking in SNAP benefits of $500 or more, or for the second occasion of a finding by a Federal, State, or local court of the trading of coupons for a controlled substance as defined in 21 U.S.C. § 802, or for the first occasion, based on a finding by a Federal, State, or Local court of the trading of firearms, ammunition, or explosives for coupons;

(e) Ten years if found to have made a fraudulent statement or representation with respect to identity or residence in order to receive multiple benefits simultaneously; or

(f) The length of time specified by a court of appropriate jurisdiction. If the court fails to impose a disqualification period, the state agency shall impose the disqualification penalties in (a)-(e) above, unless the penalties are contrary to the court order.

Notes

Tenn. Comp. R. & Regs. 1240-05-14-.01

Original rule filed April 30, 1979; effective July 30, 1979. Amendment filed July 29, 1980; effective October 29, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Repeal and new rule filed May 25, 1982; effective June 24, 1983. Amendment filed June 13, 1997; effective August 27, 1997. Amendments filed November 7, 2022; effective 2/5/2023.

Authority: T.C.A. §§ 4-5-202, 71-1-105, and 71-5-314; 7 U.S.C. § 2015; and 7 C.F.R. § 273.16.