Rule 5101:6-20-18 | State hearings: notice of disqualification for intentional program violation.
(A) The local agency shall provide an individual found to have committed an intentional program violation a written notice of disqualification.
(1) If more than one member of an assistance group is to be disqualified, a separate disqualification notice shall be provided to each individual.
(2) A copy of the disqualification notice shall also be sent to the bureau of state hearings and to the appropriate fraud control specialist.
(B) The notice shall be mailed or personally delivered no later than five business days after the local agency's receipt of the administrative disqualification hearing decision, court decision, waiver or consent agreement upon which disqualification is to be based.
(C) The notice shall include the following:
(1) The name of the individual to be disqualified.
(2) The program(s) from which the individual is to be disqualified.
(3) The basis for the disqualification.
(4) The effective date and period of disqualification.
(5) A statement that the disqualification period will begin at once, regardless of whether the individual is currently receiving benefits.
(6) Notice to the remaining assistance group members, if any, of the benefits they will receive during the disqualification period.
In the supplemental nutrition assistance program (SNAP), the notice may alternatively inform the remaining assistance group members that they shall reapply because the certification period has expired.
(D) The disqualification notice shall be accompanied by a JFS 07442 "Food Assistance Repayment Agreement" (rev. 11/2008), or its computer-generated equivalent, unless that form has already been provided.
(E) In all instances, the JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 1/2015) or its computer-generated equivalent, shall be used.
Last updated October 31, 2024 at 10:06 AM
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