Section 1240-05-14-.06 - COURT IMPOSED DISQUALIFICATIONS(1) Appropriate Cases. A court of appropriate jurisdiction with either the State, a political subdivision of the State, or the United States as prosecutor or plaintiff may order an individual disqualified from participation in the program if the court finds that individual guilty of intentional program violation.(2) The Department shall disqualify an individual found guilty of intentional program violation for the length of time specified by the court. If the court fails to impose a disqualification period, the Department shall impose a disqualification period in accordance with the provisions in 1240-05-14-.01 unless contrary to the court order. If disqualification is ordered but a date for initiating the disqualification period is not specified, the Department shall initiate the disqualification period for currently eligible individuals within forty-five (45) days of the date the disqualification was ordered. Any other court-imposed disqualification shall begin within forty-five (45) days of the date the court found a currently eligible individual guilty of civil or criminal misrepresentation or fraud.(a) If the individual is not eligible for the program at the time the disqualification period is to begin, the period shall be postponed until the individual applies for and is determined eligible for benefits.(b) Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. However, the disqualified individual or his/her household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation regardless of its eligibility for program benefits.(3) Notification of Disqualification. If the court finds that the household member committed intentional program violation, the Department shall provide written notice to the household member. The notice shall be provided prior to disqualification, whenever possible. The notice shall inform the household member of the disqualification and the date that disqualification will take effect. The Department shall also provide written notice to the remaining household members, if any, of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. In addition, the Department shall provide the written demand letter.Tenn. Comp. R. & Regs. 1240-05-14-.06
Original rule filed May 25, 1983; effective June 24, 1983. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed November 7, 2022; effective 2/5/2023.Authority: T.C.A. §§ 4-5-202, 71-1-105(a)(12), and 71-5-314; and 7 C.F.R. § 273.16(f) and (g).