Section 1240-01-53-.05 - DISQUALIFICATION PENALTIES(1) Scope. An individual who, on the basis of a plea of guilty, nolo contendere, or otherwise, is found to have committed an intentional program violation after the results of an administrative disqualification hearing (ADH) by a state or federal court will be disqualified from participating in the Families First program. The disqualification penalty is limited to the individual(s) found guilty of having committed an intentional program violation.(2) Penalty. An individual found to have committed an intentional program violation as set forth in this chapter shall not have his/her individual needs taken into account when determining the assistance group's need and amount of assistance, but any resources and income of the disqualified individual will be considered available to the assistance group, except that the earned income disregards shall be applied to any earnings of the disqualified individual.(3) Duration of Penalty. Upon the first occasion of any such offense, the individual's needs shall not be taken into account for six (6) months; twelve (12) months upon the second occasion of any such offense; and permanently upon the third or a subsequent occasion of any such offense.(4) Applicability of Penalty. In cases where a disqualification penalty and other sanctions or penalties apply, the disqualification penalties affect the individual concerned and cannot be substituted for other sanctions under the Families First program (e.g., failure to participate in the Families First Employment and Training program or to cooperate with Child Support Enforcement) but may run concurrently with other sanctions which are in place. After the disqualification period expires, the person will have to meet all eligibility requirements before being added to the Families First AG.(5) Imposition of the Disqualification Penalty.(a) A disqualification penalty will be imposed only after the issuance of a Final Administrative Order finding the individual guilty of committing an intentional program violation and the period of disqualification will commence no later than the second month following the date of the Final Order, or, in the event of a finding by a state or federal court that the individual is guilty of committing an intentional program violation, the penalty will be imposed according to the terms of the court order. If the court order is silent on imposition of the penalty, the penalty will begin no later than the second month following the date of the court order.(b) Where the individual's disqualification results from a prior receipt of AFDC or Families First and the case is closed, the disqualification will run as if the person were an active recipient.(6) Notice of Disqualification. The Department of Human Services shall cause to be sent to the individual who has been found to have intentionally violated this program by a Final Order as found in rule 1240-5-15 or has entered into a consent agreement as provided in rule 1240-1-53-.06 a notice which contains at least the following:(a) The period of disqualification as provided for in this section;(b) The amount of payment, if any, the AG will receive during the disqualification period; and(c) In cases of an individual's disqualification resulting from a prior receipt of assistance, the disqualification will run as if the person were an active recipient.(7) Stay of Penalty. Any period for which a disqualification penalty is imposed shall remain in effect, without possibility of an administrative stay, unless and until a finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction; but in no event shall the duration of the period for which the penalty is imposed be subject to review. Even if the case is closed, the period of disqualification continues as if it were an active case.
Tenn. Comp. R. & Regs. 1240-01-53-.05
Original rule filed December 2, 1996; effective February 15, 1997.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 CFR 235.112 and 235.113.