7 AAC 45.580. Intentional program violation

(a) If an individual member of an assistance unit applying for or receiving ATAP benefits, or having received AFDC benefits, is believed by the department to have committed an intentional program violation, as defined in (n) of this section, the department may

(1) proceed against the accused individual through an administrative disqualification hearing, in accordance with 7 AAC 45.585; or

(2) refer the matter to the appropriate authorities for civil or criminal action in a state or federal court.

(b) The department will coordinate action against an individual accused of an intentional program violation under (a) of this section with any corresponding action being taken in the food stamp program under 7 AAC 46, if the factual issues involved arise from the same or related circumstances.

(c) An individual is disqualified from receiving ATAP benefits for the time period specified in (d) of this section if the individual

(1) is found, through an administrative disqualification hearing under 7 AAC 45.585, to have committed an intentional program violation;

(2) has waived the individual's right to an administrative disqualification hearing under 7 AAC 45.585;

(3) is found, by a state or federal court, to have committed an intentional program violation; or

(4) has signed a disqualification consent agreement, confirmed by a court, in which the individual admits committing an intentional program violation.

(d) An individual who is disqualified from ATAP for an intentional program violation will be ineligible to receive ATAP benefits for the disqualification periods specified in AS 47.27.015 (e).

(e) When the department is determining an ATAP assistance unit's financial eligibility and the department finds that the assistance unit would include an individual if that individual were not disqualified under this section, the department

(1) will not include the disqualified individual in the assistance unit;

(2) will not include the income and resources of the disqualified individual who is not a member of the mandatory filing unit under 7 AAC 45.195; and

(3) will include the income and resources of the disqualified individual who is a member of the mandatory filing unit under 7 AAC 45.195.

(f) For an individual who is a member of an ATAP assistance unit at the time that individual is disqualified by a court of law under this section, the disqualification period will begin on the date specified by the court order. If that individual is disqualified by a hearing officer, by consent, or by a court of law that has not specified the date for initiating the disqualification period, the disqualification period will begin on the first day of the second calendar month following the date

(1) of the notice of disqualification, as described in (k) of this section, resulting from a hearing or court action;

(2) the individual waived that individual's right to appear at an administrative disqualification hearing under 7 AAC 45.585(a) (12);

(3) the individual signed a disqualification consent agreement under (c)(4) of this section; or

(4) a court rules that the individual has committed a crime involving an intentional program violation.

(g) If, at the time an individual is disqualified under this section, the individual is not a member of an ATAP assistance unit, the department will postpone the disqualification period until the individual applies for and is determined eligible for ATAP benefits.

(h) If what was the assistance unit of an individual disqualified under this section becomes ineligible for ATAP benefits during that individual's period of disqualification, the department will impose the remaining months of that individual's disqualification period at the time the assistance unit, or any other assistance unit with which the disqualified individual could be included, is determined eligible for ATAP benefits again.

(i) A period of disqualification for an intentional program violation under this section is in addition to, and cannot be substituted for, any period an individual is ineligible for ATAP benefits for

(1) failure to assign child support rights as required by AS 47.27.040 and 7 AAC 45.240;

(2) failure to cooperate in obtaining child support as required by AS 47.27.040 and 7 AAC 45.245;

(3) failure to participate in work activities as required by AS 47.27.035 and 7 AAC 45.260;

(4) refusal of or voluntary separation from suitable employment as stated in AS 47.27.015 (c); or

(5) failure to comply with a provision of the FSSP as required by AS 47.27.030 .

(j) For any month or months that an individual is ineligible for ATAP benefits for the reasons specified in (i) of this section, the intentional program violation disqualification period will be suspended and any month or months remaining in the disqualification period will be imposed after the ATAP ineligibility period is over.

(k) When an action to disqualify an individual is taken, the department will notify the disqualified individual in writing. If the disqualified individual is not the caretaker relative, the notice will be sent to both the disqualified individual and the caretaker relative. The notice of disqualification will

(1) state the period of disqualification;

(2) state the date that the disqualification period begins;

(3) state that, for the duration of the disqualification period, the disqualified individual will not be considered when determining eligibility or calculating the ATAP payment to the assistance unit;

(4) state the amount of payment the remaining members of the assistance unit will receive for the first month of the individual's disqualification period.

( l ) Any period for which a disqualification penalty is imposed will remain in effect, without possibility of an administrative stay, until the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction; in no event will the duration of the period for which the penalty is imposed be subject to administrative review.

(m) If an individual, disqualified in another state for an intentional program violation, moves to this state, the department may

(1) impose the remaining period of disqualification originally imposed by the other state; and

(2) for any subsequent intentional program violation committed in this state, consider all prior violations committed in another state when determining the disqualification period under (d) of this section.

(n) As used in this section, "intentional program violation" means an action taken by an individual for the purpose of establishing or maintaining a family's eligibility for ATAP benefits or for benefits under the former AFDC program or for increasing or preventing a reduction in the amount of the benefit, that intentionally misrepresents, conceals, or withholds a material fact.

History: Eff. 8/6/92, Register 123; am 10/1/93, Register 127; am 7/1/97, Register 142; am 10/1/97, Register 143; am 1/7/2005, Register 173

Authority: Sec. 55, ch. 107,

SLA 1996

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