713.03 Disqualification Periods SR 98-12, 02/98 (FSM-A)

When an individual is guilty of an intentional program violation, they are disqualified from the Food Stamp program according to the criteria below, unless the court orders a different disqualification:

. first violation:12 months of ineligibility.

. second violation: 24 months of ineligibility.

. third violation: permanent ineligibility.

Exceptions:

An individual who is found guilty by a court of appropriate jurisdiction of having used or received food stamps in a transaction involving the sale of a controlled substance is disqualified for:

. 12 months for the first violation; and

. Permanently for the second violation.

An individual is disqualified permanently if found guilty by a court of appropriate jurisdiction of:

. Trafficking in food stamp benefits of $500 or more; or

. Using food stamps in a transaction involving the sale of firearms.

The disqualification period begins the first month which follows the date the individual received written notification of the hearing decision.

See also Section 319, Fugitive Felons and Violators of Probation or Parole, and Section 321, Ineligibility for Fraudulent Receipt of Multiple Benefits.

Exceptions:

The individual is receiving food stamps and is found guilty of intentional program violation by a court of appropriate jurisdiction. OSI must begin disqualification within 45 days of the date the individual was notified of the court decision.

The disqualification period continues uninterrupted regardless of any changes in the household's eligibility.

Not all household members will be disqualified-only the individual who committed the intentional program violation. The remaining household members must repay the overissuance or their monthly allotment will be reduced.

IPV Fines and Penalties: An individual officially established as having committed an intentional program violation may be fined up to $250,000, imprisoned up to 20 years, or both.