Md. Code Regs. 07.03.10.08

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.03.10.08 - Disqualification Penalties

A. Food Supplement Program and Family Investment Programs.

(1) An individual who has waived the right to an administrative hearing, or was found to have committed an intentional program violation, is ineligible to participate in the specified Program, as described in §B of this regulation and COMAR 07.03.03.19.

(2) The disqualification period begins for Food Supplement and Family Investment Program, with the first month following the month in which the household receives written notification of the disqualification.

(3) Once a disqualification penalty has been imposed, the period of disqualification continues uninterrupted until the disqualification period is completed.

B. An individual disqualified for an IPV is ineligible for the following period of time:

(1) One year for the first violation;

(2) Two years for the:

(a) Second violation; or

(b) First finding by a court of the trading of Program benefits for an illegal drug;

(3) Permanently for the:

(a) Third violation;

(b) Second finding by a court of the trading of Program benefits for an illegal drug;

(c) First finding by a court of the trading of Program benefits for firearms, ammunition, or explosives; or

(d) First finding by a court of trafficking Program benefits of $500 or more; and

(4) Ten years if an individual is found guilty of making a fraudulent statement or misrepresentation with respect to the individual's identity or residence to receive multiple benefits at the same time.

C. The local department shall disqualify only the individual in the household found to have committed an IPV or who signed the waiver of the right to an administrative hearing.

D. The disqualification period begins with the first month following the month in which the individual receives written notification of the decision.

E. Once a disqualification penalty has been imposed, the:

(1) Period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household; and

(2) Disqualified member's household shall continue to be responsible for the repayment of the overissuance resulting from the disqualified member's IPV regardless of the household's eligibility for program benefits.

F. When an individual is disqualified, the local department shall send the household a demand letter for restitution. This letter shall inform the household of:

(1) The amount owed;

(2) The reason for the claim;

(3) The period of time the claim covers;

(4) Any offsetting done to reduce the claim;

(5) The ways in which the claim may be paid;

(6) The household's right to a fair hearing if the household disagrees with the amount of the claim, except if the household already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing;

(7) The household's right to request renegotiation of any agreed to repayment schedule if the household's economic circumstance change; and

(8) The requirements to:

(a) Indicate by signature the household's agreement to make restitution;

(b) Select the method of repayment; and

(c) Return the repayment notice within 30 days of the date of the notice.

G. The local department shall provide written notice:

(1) Of the effective disqualification date to the household or assistance unit before imposing the sanction; and

(2) To the remaining household members, if any:

(a) Of the benefit they will receive during the period of disqualification; or

(b) That they may reapply because the certification period has expired.

H. An OAH finding of an intentional program violation may not be reversed by a subsequent OAH decision.

I. When a household or assistance unit has been sanctioned, the local department shall send the assistance unit or household a demand letter for restitution which includes:

(1) The amount owed;

(2) The reason for the claim;

(3) The period of time covered by the claim;

(4) Any offsetting done to reduce the claim;

(5) The ways in which the claim can be paid;

(6) The right to a hearing if the household or assistance unit disagrees with the amount of the claim, unless the household or assistance unit has already had a hearing on the amount of the claim as a result of the consolidation of an administrative disqualification hearing with another hearing;

(7) The right to request renegotiation of any repayment schedule if the household's or assistance unit's economic circumstances change; and

(8) The requirement to:

(a) Sign the repayment notice to indicate agreement to make restitution;

(b) Select the method of payment; and

(c) Return the repayment notice within 30 days of the date of the notice.

Md. Code Regs. 07.03.10.08

Regulation .08 adopted effective March 28, 1983 (10:6 Md. R. 554)
Regulations .08 adopted effective April 22, 1985 (12:8 Md. R. 801)
Regulation .08 amended effective 41:9 Md. R. 520, eff.5/12/2014
Regulation .08A amended effective August 6, 2001 (28:15 Md. R. 1396)
Regulation .08B amended effective October 8, 2007 (34:20 Md. R. 1735)