N.Y. Comp. Codes R. & Regs. tit. 18 § 359.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 359.2 - Applicability

(a) The department and social services districts have the responsibility for investigating the alleged commission of intentional program violations and ensuring that the procedures set forth in this Part are followed.

(b) Subject to the provisions of section 399.11 of this Title, any matters or procedures commenced pursuant to Part 399 of this Title prior to the effective date of this Part will be continued in accordance with the provisions of this Part as if the matter had been commenced in accordance with this Part.

(c) Administrative hearings for public assistance IPVs and FS-IPVs may be scheduled by the office, provided that not more than six years have elapsed between the month an individual committed an intentional program violation and the date on which the social services district discovered the intentional program violation, and the office determines that there is evidence to substantiate that an intentional program violation has occurred.

(d) Unless specifically granted written authorization to proceed directly on an FS-IPV by either a social services official or his or her authorized representative or the appropriate district attorney, or by any other prosecutor authorized to act on the matter, on the grounds that to do otherwise would prejudice the prosecution of an FS-IPV allegation, a social services district must initially treat the allegation as an inadvertent household error in accordance with Part 387 of this Title prior to either referring the case to the district attorney or processing the allegation for an administrative disqualification hearing. A social services district's failure to comply with the provisions of this subdivision will not affect the department's determination at a hearing conducted pursuant to this Part or a court's determination when an allegation is referred by a social services district to the appropriate district attorney or any other prosecutor for prosecution. Noncompliance with the provisions of this section will not affect the amount of any food stamp allotment reduction authorized in section 359.9(f) of this Part after a hearing decision is issued that an FS-IPV has occurred.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 359.2