Section 7 AAC 41.410 - Intentional program violations(a) An intentional program violation is an action, inaction, or statement made by a family or provider to deliberately misrepresent, conceal, or withhold a material fact, resulting in establishing a benefit or payment to the family or the provider under this chapter, for which the family or the provider is not entitled. Refusing to comply with a required action under 7 AAC 41,375 or 7 AAC 41.407(c) or (j) also constitutes an intentional program violation. The department may impose a penalty upon the family or the provider under 7 AAC 41.425 for an intentional program violation set out in (b) or (c) of this section. The department will impose a level of penalty necessary to ensure benefits are being paid in accordance with AS 47.25.001 - 47.25.095 and this chapter.(b) A family is subject to penalty under the program for (1) reporting incomplete or inaccurate information regarding the family's income or eligibility for benefits;(2) providing false or misleading information, or withholding information, in order to receive benefits under the program.(c) A provider or a family using an in-home child caregiver is subject to penalty for (1) providing false or misleading information or withholding necessary information that results in an erroneous determination of eligibility or an erroneous payment of program benefits;(2) failing to comply with requirements related to rates charged in accordance with 7 AAC 41.245;(3) falsifying attendance records to reflect a higher amount of time a child was in care than actually occurred.(d) If, after a compliance review or an investigation, a participating family or provider is believed by the department to have committed an intentional program violation, as defined in (a) of this section, the department may (1) proceed against the accused family or provider through an intentional program violation hearing in accordance with 7 AAC 41.423; or(2) refer the matter to the appropriate authorities for civil or criminal action in a state or federal court.(e) The department wilt, to the extent reasonably possible and within the periods allowed, coordinate action against a family or provider accused of an intentional program violation under (b) or (c) of this section with any known corresponding action being taken in other assistance programs administered by this state.(f) An individual is disqualified from receiving child care assistance benefits or payment for benefits tor the time period specified in (g) of this section if the individual (1) is found, through an intentional program violation hearing under 7 AAC 41.423, to have committed an intentional program violation;(2) has waived the individual's right to an intentional program violation hearing under 7 AAC 41.423;(3) is found by a state or federal court to have committed an intentional program violation; or(4) has signed an intentional program penalty consent agreement, confirmed by a court, in which the individual admits committing an intentional program violation.(g) A family or a provider who is disqualified from child care assistance for an intentional program violation is ineligible to receive child care assistance benefits or payment for benefits as identified in (h) of this section or under 7 AAC 41.425(c) or (d).(h) If a family or a provider receives a penalty or is disqualified under this section to receive child care assistance benefits or payment for benefits, by a hearing officer, by consent, or by a court under this section, the disqualification or penalty period begins on the date specified in the court order or relevant document. If that family or provider receives a penalty or is disqualified by a hearing officer, by consent, or by a court that has not specified the date for initiating the penalty or disqualification period, the penalty or disqualification period begins on the first day of the second calendar mouth following the earliest of the date (1) of the decision or document establishing the disqualification or penalty resulting from a hearing or a court action;(2) that the family or provider waived the family's or provider's right to an intentional program violation hearing under 7 AAC 41.423;(3) that the family or provider signed an intentional program violation consent agreement under (f)(4) of this section; or(4) that a court rules that the family or provider has committed a crime involving an intentional program violation.(i) When an action to impose an intentional program violation penalty against a family or provider is taken, the department will notify the penalized individual in writing. In the notice of intentional program violation penalty, the department will state the penalty and date that any penalty period begins and ends.(j) A program violation penalty remains in effect, without possibility of an administrative stay, unless the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction.(k) If an individual penalized or disqualified in another state for a child care assistance intentional program violation moves to this state, the department may (1) impose the remaining period of any child care assistance penalty or disqualification originally imposed by the other state; and(2) for any subsequent child care assistance intentional program violation committed in this state, consider all prior violations committed in another state when determining the penalty under 7 AAC 41.425 and this section. (I) If the department imposes a penalty described in 7 AAC 41.425(a)(4) against a family or as described in 7 AAC 41.425(b)(2) or (3) against a provider, and after opportunity for a hearing under 7 AAC 41.423, the (1) department will place the individual's name on the list maintained under 7 AAC 41,450 of ineligible individuals; and(2) family or provider may not participate in or receive payments from PASS 1, PASS II, or PASS III child care assistance until the name is removed from that list or the prohibited individual is no longer residing in the household.Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017Authority:AS 47.05.010
AS 47.25.001