Section 475-1-008 - PROGRAM DISQUALIFICATIONSThe following section details criteria that disqualify individuals or households from participating.
008.01DISQUALIFICATION PENALTIES FOR INTENTIONAL PROGRAM VIOLATION. An individual found to have committed an intentional program violation, either through an administrative disqualification hearing or by a federal, state, or local court, or who has signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, will be disqualified from the Supplemental Nutrition Assistance Program as follows, except as otherwise provided: (1) Twelve months for the first intentional program violation;(2) Twenty-four months for the second intentional program violation; and(3) Permanently for the third intentional program violation.008.01(A)ADDITIONAL INTENTIONAL PROGRAM VIOLATION REGULATIONS. Only the individual convicted of or found to have committed Intentional Program Violation is disqualified, not the participating household. The first month of the disqualification will begin no later than the second month which follows the date the individual receives notice of the disqualification within 45 days of the receipt of the notice informing the household of the disqualified individual. The period of disqualification begins regardless of whether or not the individual is a member of a participating household. The disqualified individual is a financially responsible household member.008.02DISQUALIFICATION PENALTIES FOR USE OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS IN THE SALE OF A CONTROLLED SUBSTANCE. An individual found guilty by a federal, state, or local court of having used or received Supplemental Nutrition Assistance Program benefits in a transaction involving the sale of a controlled substance is disqualified from participation in the Supplemental Nutrition Assistance Program. The disqualification periods for this violation are: (A) Twenty-four months for the first violation; and(B) Permanently for the second violation.008.03DISQUALIFICATION FOR TRAFFICKING OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. An individual convicted by a federal, state, or local court of having trafficked Supplemental Nutrition Assistance Program benefits for an aggregate amount of $500 or more is permanently disqualified from the program. Only the individual convicted of the violation is disqualified, not the entire household.008.04DISQUALIFICATION OF AN INDIVIDUAL WITH DRUG-RELATED CONVICTIONS. Individuals convicted of drug felonies are disqualified pursuant to Neb. Rev. Stat. § 68-1017.02.008.05DISQUALIFICATION OF FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS. An individual is disqualified from participation if the individual is: (A) Fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime that would be classified as a felony; or(B) Violating a condition of probation or parole under a federal or state law.008.05(i)ESTABLISHING FLEEING FELON STATUS. In order to determine if an individual is a fleeing felon, they must meet all four factors of a four-part test pursuant to 7 CFR 273.11(n)(1)(i).008.06DISQUALIFICATION FOR FRAUDULENT INFORMATION. An individual found guilty by a federal, state, or local court or by a state agency of having made a fraudulent statement or false representation with respect to the individual's identity or place of residence in order to receive multiple Supplemental Nutrition Assistance Program benefits simultaneously is disqualified from participation in the Supplemental Nutrition Assistance Program for a period of ten years.008.07DISQUALIFICATION FOR USE OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS TO PURCHASE FIREARMS, AMMUNITION, AND EXPLOSIVES. An individual found guilty by a federal, state, or local court of having used or received Supplemental Nutrition Assistance Program benefits in a transaction involving the sale of firearms, ammunition, or explosives is permanently disqualified from participation in the Supplemental Nutrition Assistance Program. Only the individual is disqualified, not the entire household.008.08DISQUALIFICATION OF INDIVIDUALS WITH CERTAIN FELONIES. Individuals are disqualified if they are convicted of certain felonies described in Chapter three of this title.008.09DISQUALIFICATION OF HOUSEHOLDS WITH SUBSTANTIAL LOTTERY OR GAMBLING WINNINGS. Households are disqualified from participating in the Supplemental Nutrition Assistance Program if they include a participant with substantial lottery or gambling winnings described in Chapter 3 of this title.475 Neb. Admin. Code, ch. 1, § 008
Amended effective 5/21/2016.Amended effective 7/4/2020Amended effective 9/17/2024