La. Admin. Code tit. 67 § III-1501

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1501 - Fraud Control Program

A. The Office of Family Support maintains a Fraud Control Program in the Family Independence Temporary Assistance Program (FITAP) Program.

B. Under this program, the Office of Family Support may:

1. implement an administrative hearing procedure for FITAP fraud cases; and

2. disqualify the adult found guilty of FITAP fraud by a court or in an administrative hearing;

3. cash assistance shall be denied to an individual for 10 years from the date that individual is convicted in federal or state court of having made a fraudulent statement or representation with respect to his place of residence in order to receive assistance simultaneously from two or more states. This does not apply with respect to a conviction of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

C. If an individual who is a member of a family applying for or receiving FITAP is found by a federal or state court or by an administrative hearing to have intentionally made a false or misleading statement or misrepresented, concealed, or withheld facts, or committed any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity, for the purpose of establishing or maintaining the family's eligibility for aid or of increasing or preventing a reduction in benefits, then that individual's needs shall not be taken into account in making the eligibility or benefits determination. That individual shall be disqualified for a period of 12 months for the first offense, 24 months for the second offense, and permanently for the third offense.

D. Each applicant shall be provided with a written notice of the penalties for fraud at the time of FITAP application.

La. Admin. Code tit. 67, § III-1501

Promulgated by the Department of Health and Human Resources, LR 14:439 (July 1988), amended by the Department of Social Services, Office of Family Support, LR 20:1019 (September 1994), LR 23:449 (April 1997), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR 36:2524 (November 2010).

AUTHORITY NOTE: Promulgated in accordance with P.L. 100-203 and CFR 235, P.L. 104-193, amended in accordance with P.L. 110-246.