N.D. Admin. Code 75-02-01.2-72

Current through Supplement No. 395, January, 2025

Section 75-02-01.2-72 - Intentional program violation - Disqualification penalties

1. For purposes of this section:

a. "Intentional program violation" means an individual's intentional action or failure to act which consists of:

(1) Making a false or misleading statement or misrepresenting, concealing, or withholding facts;

(2) Violating provisions of North Dakota Century Code chapter 50-09, this chapter, or any state statute relating to the acquisition or use of assistance provided under North Dakota Century Code chapter 50-09 or this chapter; or

(3) Being convicted in federal or state court of having made a fraudulent statement or representation with respect to the place of residence of the individual to receive temporary assistance for needy families, medicaid, supplemental nutrition assistance program benefits, or supplemental security income simultaneously from two or more states;

(4) Using a temporary assistance for needy families debit card in any liquor store; any casino, gambling casino, or gaming establishment, or any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state of entertainment in violation of Pub. L. 112-96, provided access to the funds is not otherwise available through an automated teller machine, financial institution, or other means within a reasonable distance of the recipient's residence; and

b. An individual intends all results reasonably foreseeable from the actions the individual takes or fails to take.

2. An individual who, on any basis, is found to have committed an intentional program violation by a state administrative disqualification proceeding or by a federal or state court must be subject to the penalties provided in this section. Additionally:

a. If a court judgment includes a temporary assistance for needy families disqualification period, the county agency shall impose the disqualification period according to the temporary assistance for needy families disqualification timeframes; or

b. If a court judgment does not include a disqualification period, the county agency shall pursue any appropriate disqualification according to temporary assistance for needy families disqualification requirements.

3. An individual who waives the individual's right to appear at an intentional program violation hearing must be subject to the penalties provided in this section.

4. During any period of disqualification:

a. The individual's needs may not be taken into account when determining the household's need and amount of assistance;

b. All assets and income of the disqualified individual, including gross earned income, must be considered available to the household;

c. Income disregards may be provided for the disqualified individual when determining if the remaining household members are eligible; and

d. The overpayment is recovered through a reduction, at the rate of twenty percent of the standard of need, excluding special items of need.

5. The duration of the penalty described in this section must be:

a. One year for the first offense;

b. Two years for the second offense;

c. Permanent for the third and any subsequent offense; and

d. Ten years for individuals who were convicted in federal or state court of fraudulently misrepresenting residence.

6. Any period of disqualification must remain in effect, without possibility of an administrative stay, unless and until the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction, but in no event may the duration of the period for which the penalty was imposed be subject to review.

7. In cases when a disqualification penalty and other sanctions or penalties apply:

a. The disqualification penalties in this section must be in addition to, and may not be substituted for, any other sanctions or penalties that may be imposed for the same offense; and

b. The disqualification penalties imposed under this section affect only the individual concerned and cannot substitute for other sanctions imposed under this chapter.

8. A disqualification penalty imposed on an individual by another state may be continued in this state and may be used to determine the appropriate duration of a disqualification penalty imposed under this section.

9. A disqualification penalty period must begin no later than the first day of the second month that follows the date of notice of imposition of the penalty.

10. The department shall issue a written notice informing the individual of the period of disqualification and the amount of assistance the household may receive during the disqualification period.

11. Overpayments must be recovered from the assistance unit which was overpaid, any assistance unit of which a member of the overpaid assistance unit has subsequently become a member, or any individual members of the overpaid assistance unit whether or not currently a recipient.

N.D. Admin Code 75-02-01.2-72

Effective December 9, 1996; amended effective July 1, 1997; January 1,2003; January 1, 2011; January 1, 2014.

General Authority: NDCC 50-09-02, 50-09-25

Law Implemented: NDCC 50-09-02

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