N.Y. Comp. Codes R. & Regs. tit. 18 § 399.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 399.5 - Intentional program violation (acts occurring on or after August 1, 1983)

(a) Upon discovery that an overpayment in food stamps has occurred based upon the act or omission to act of a recipient or former recipient which occurred on or after August 1, 1983, the local social services district shall document the determination in order to reach a conclusion as to whether the overpayment was caused by an inadvertent household error or an intentional program violation.

(b) In all instances of an overpayment in food stamps based upon the act or omission to act of a recipient or former recipient in the absence of the written authorization set forth in section 399.2(b) of this Part, the local social services district shall treat the overpayment initially as a inadvertent household error and shall send a demand letter for repayment, approved by the department, to the household which identifies the overpayment as an inadvertent household error. Such letter shall provide, among other things, the right to a fair hearing should the household disagree with the determination of the local district.

(c) Should the local social services district further conclude that the overpayment was occasioned by an intentional program violation and that referral to the local district attorney (or other local equivalent) pursuant to section 399.4(b) of this Part is either not warranted or not possible due to the amount in issue, then the local district may process the case for an administrative disqualification hearing. Such action should be taken either simultaneously with, or subsequent to, the acts required by subdivision (b) of this section.

(d) Should the local social services district refer an overpayment to the local district attorney (or other local equivalent) pursuant to section 399.4(b) of this Part, and should that local official decline prosecution or fail to take action on the referral within a reasonable period of time, and the local district then elects to initiate procedures for an administrative disqualification hearing pursuant to section 399.7 of this Part, the local district must formally withdraw the referral in writing to the local official before referring the case to the department. Failure to present evidence of such a formal written withdrawal either in its evidentiary transmittal to the department or at the hearing may result in an administrative disqualification hearing decision adverse to the district.

(e) The evidentiary packet forwarded by the local district to the department accompanying the local social services district's request for an administrative disqualification hearing shall have consecutively numbered pages, shall be submitted in three copies and shall include but not be limited to the items particularly set forth in section 399.3(i)(1)-(9) of this Part.

(f) All evidentiary packets shall be submitted to the office accompanied by a request for an administrative disqualification hearing and shall be mailed to the Office of Administrative Hearings, New York State Office of Temporary and Disability Assistance.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 399.5