An applicant/participant is in violation of program rules if he/she:

1. Makes a false or misleading statement.

2. Misrepresents, conceals, or withholds facts; or,

3. Commits any act that constitutes a violation of the Food Stamp Act or Regulations or any State Statue relating to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits.

A caller wanting to report fraud can call (866) 614-6005 or email applyforhelp@nd.gov.

When an individual makes an application Filing a signed Application for Assistance via paper application or through the self-service portal of the eligibility system to establish eligibility and assign a review period. for assistance, he/she attests to the truth, accuracy and completeness of the information provided and declares he/she understands the penalty for providing false information or misrepresenting his/her circumstances. The applicant is informed of the responsibility to report changes in the household’s circumstance as well as their rights and responsibilities when their application is submitted via paper app or online. The eligibility worker will review Filing a signed Application for Review via paper review form or through the self-service portal of the eligibility system for SNAP eligibility with the human service zone to determine continuing eligibility and establish a new review period. reporting responsibilities and rights and responsibilities during the interview. The eligibility worker must narrate they have reviewed both the reporting responsibilities and rights and responsibilities. Program information such as eligibility requirements and penalties for failing to comply and the individual’s rights and responsibilities are reviewed at each eligibility recertification.

As the eligibility worker processes a case, if he or she discovers the current or reported information to be false, misleading, or not previously revealed, the individual is alleged to have intentionally violated program rules. More than one adult household member may be involved and can be subsequently found to have committed an IPV and be disqualified.

Disqualify the following individuals:

1. Those determined at an Administrative Disqualification Hearing (ADH) to have committed the IPV.

2. Those who signed the waiver of the right to an ADH; and,

3. Those who signed the consent agreement in cases referred for prosecution.

Note: Adult household members who were not required to sign the application can be disqualified for an IPV.

 

The Human Service Zone (HSZ) has the burden to establish an Intentional Program Violation (IPV) by clear and convincing evidence. Clear and convincing evidence means evidence that leads to a firm belief that the allegations are true.

Examples:

• Application, review, and monthly report forms. An individual’s signature on these forms is attesting to providing full information and to understanding the reporting requirements.

• Statements made during application or review interviews

• Notice of benefits

• A past IPV for failure to report

• Reporting/billing forms

• Narratives

• Documented phone calls

• IEVS verification Third-party information or documentation used to establish the accuracy of statements.

• Involvement of an interpreter

   

When there is evidence a possible IPV has been committed, the Human Service Zone (HSZ) must review the case and all evidence with the supervisor.

This review will result in a decision to:

• Proceed with the IPV process, or

• Proceed with a participant error.

   

When reviewing the evidence for a possible IPV the individual must be allowed an opportunity to respond to any unresolved questions.

If the review results in the decision to proceed with the IPV process, the supervisor, who reviewed the evidence must review, sign and date the SFN 1940- TANF/SNAP/CCAP Notice of Suspected IPV to ensure the form is completed accurately prior to meeting with the individual.

1. List the name and current address of the individual suspected of IPV.

2. There may be occasions when more than one individual gave a false report or were interviewed together and in those cases, prepare a separate SFN 1940 for each individual. IPV’s are only pursued against the person that signed the application, review or was part of the interview.

3. Describe the violation of program rules including:

   • Information provided that is deemed incorrect;

   • Facts that were not revealed;

   • How and when information and verifications were submitted by the individual.

4. The evidence disputing the accuracy of the individual's statements, when and where it came from;

5. When and with whom discussions were conducted, the outcomes of which contradict the individual's statements;

6. What documents were provided that should have included information not revealed, and when were they submitted;

7. Document Used as a noun, as in documentary evidence indicates a written record of the circumstances of an event or fact. Used as a verb, indicates the act of entering the case file actual proof or statement of proof that the contents of the record are accurate. how the individual was aware of the reporting requirement;

8. Indicate the length of the disqualification;

9. Indicate the date the SFN1940 must be signed and returned to avoid the hearing. The return date must be 10 days from the date of the IPV meeting the human service zone is required to schedule.

10. The form must be signed by the eligibility worker (an electronic signature is acceptable).

11. The form must be signed by a supervisor, director, or regional representative.

     

After completing the SFN 1940, TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation, the Human Service Zone (HSZ) must schedule a meeting with the individual to discuss the suspected Intentional Program Violation (IPV) within two weeks using a system generated correspondence notice.

If the correspondence notice is returned as undeliverable or with no forwarding address, the IPV must continue to be pursued.

If the individual fails to attend the scheduled meeting without satisfactory explanation, within three days after the meeting, the IPV must be forwarded on the Legal Advisory Unit.

If the worker had conversation with the individual regarding the suspected IPV, even if the correspondence notice is returned as undeliverable, the IPV can continue to be pursued. The worker must document the conversation that was held with the individual.

If the individual attends the scheduled meeting the Human Service Zone (HSZ) must:

1. Provide the individual with a copy of the SFN 1940;

2. Provide the individual with a DN 1087 - Legal Service Organizations;

3. Discuss the suspected IPV

If it is determined that no violation has occurred, SFN 1940 must be placed in the file with a notation that it was not forwarded for further action and a summary of the explanation given by the individual.

If the Human Service Zone (HSZ) believes the violation did occur and the individual does not have a satisfactory explanation the Human Service Zone (HSZ) must explain the following options to the individual:

• Sign Waiver A – Which allows an individual to admit to the facts and accept the disqualification period;

• Sign Waiver B – Which allows an individual to accept the disqualification without admitting to the facts;

• Request an administrative disqualification hearing.

The Human Service Zone (HSZ) must explain signing Part A or B of the Waiver of Hearing will result in specific program disqualification time periods and penalties.

A signed waiver is a statement that the individual has been informed a disqualification penalty will result.

If the individual suspected of an IPV is not the head of household The Primary Individual (PI) of a SNAP case. (PI), the head of household must also sign the SFN 1940.

If the individual suspected of an IPV:

1. Chooses to sign the Waiver of Hearing:

   • Provide the individual a signed copy of SFN 1940

   • Mail the SFN 1940, along with a letter detailing the violation and copies of all evidence, detailing the violation to the Legal Advisory Unit.

2. Chooses not to sign the Waiver of Hearing:

   • Give the individual a copy of the SFN 1940

   • Explain that a hearing will be held by telephone unless the individual requests an administrative law judge will be present

   • Mail the original SFN 1940 along with a letter detailing the violation and copies of all evidence of the potential IPV to the Legal Advisory Unit.

      

Counties may refer individuals suspected of committing an Intentional Program Violation (IPV) to their states attorney for prosecution. The Human Service Zone (HSZ) must confer with its legal representative to determine the types of cases that will be accepted for possible prosecution.

Suspected fraud violations occurring on Indian reservations should be referred to the state's attorney. If the state’s attorney’s office does not have jurisdiction over the matter, the case will be referred to the U.S. Attorney's office that has jurisdiction on that reservation The geographically defined area over which an Indian Tribal Organization (ITO) exercises governmental jurisdiction as long as the area is legally recognized by the Federal or State government as being set aside for the use of Indians.. If the state's attorney does not refer the matter to the U.S. Attorney's office, the Human Service Zone (HSZ) should do so.

The HSZ must not initiate an IPV against an individual for the same or related circumstances that have already been referred for prosecution.

If an individual is convicted through this procedure the HSZ will receive a judgment.

• If the judgment includes a disqualification period, that disqualification period must be imposed.

• If the judgment does not include a disqualification period, the HSZ must forward the judgement to the Legal Advisory Unit (LAU)

• The state office will notify the HSZ of the date the disqualification will be imposed and the length of the disqualification.

   

Upon receipt of the hearing decision, review the decision to determine if an Intentional Program Violation (IPV) was committed.

If an IPV was not committed the household remains responsible for any overpayment SNAP benefits received by a household which exceeds the amount for which that household was eligible. and the claim continues as an inadvertent household error regardless of eligibility for benefits.

If an IPV was committed, the claim must be re-calculated back to the month the IPV first occurred. The worker must establish a claim for any over issuance An issued SNAP benefit. for a maximum of six years.

If the individual waives their right to a fair hearing by choosing to sign the SFN1940 the state office will notify the Human Service Zone (HSZ) of the date the disqualification will be imposed and the length of the disqualification.

If an IPV was committed the worker must:

1. Disqualify the individual: SNAP Policy will enter the IPV into the integrated eligibility system.The disqualification period begins for all disqualified individuals, including those not participating, with the first month following the date the individual signs the SFN1940, waiving their right to an administrative hearing or receives the IPV findings and order. The Human Service Zone (HSZ) shall impose the required penalty whether the case is currently open or closed. Send the appropriate notice to the household, even if the case is currently closed. The notice must include the start and end date of the disqualification and must be in month, day, and year format. Adequate notice A notice that must be sent to a household at least 10 days before the effective date of an action that reduces, suspends, or terminates a household’s benefit. is required for open cases. the integrated eligibility system will automatically generate the Intentional Program Violation Notice.

2. Claims

   • If an IPV was committed, the claim must be re-calculated back to the month the IPV first occurred. The eligibility worker must establish a claim for any overpayment for a maximum of six years.

   • To establish the IPV claim, which can extend to a six-year look-back period, the eligibility worker must request all necessary verifications using the Potential Claim Notice to recalculate and narrate. If all verifications are received, re-calculate the IPV and send the the integrated eligibility system Notice of Claim Agent participant IPV.

   • If the necessary verifications are not received, the eligibility worker will close the SNAP case, allowing timely notice.

   • If the claim does not need to be recalculated, the eligibility worker will need to update the IHE claim to the IPV. The eligibility worker will need to update the recoupment. For IPV claims, the amount of SNAP benefit reduction is the greater of 20% of the benefit or $20 per month.

After a disqualification hearing or the individual waives the right to an administrative hearing, there are no further appeal procedures available through the Administrative Hearing Process. The determination of IPV cannot be reversed by a subsequent hearing. The individual however is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay or other action which would delay the imposition of the disqualification.

The eligibility worker completes the SFN1940 - TANF/SNAP/CCAP Notice of Suspected Intentional Program Violation form. The eligibility worker sends a copy of the form to the disqualified member(s) of the household and sends a copy of the completed form to the supervisor via an email attachment. Upon receipt of the form, the supervisor must send the SFN 1940 to legal. The Human Service Zone (HSZ) must send the SFN 1940 along with a letter detailing the violation and copies of all evidence of the suspected IPV to the Legal Advisory Unit.

Once a disqualification period is imposed, it continues uninterrupted until completed, regardless of the disqualified individual’s eligibility. Disqualification penalties will be imposed as if all disqualified individuals are eligible Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. to participate at the time of the IPV determination even if the case is currently closed. He/she shall be disqualified for:

1. Twelve consecutive months for the first violation.

2. Twenty-four consecutive months for the second violation.

3. Permanently for the third violation.

4. Ten consecutive years for the first and second occurrence of misrepresenting residence or identity to obtain benefits in more than one state or in more than one household within the state; permanently for the third occurrence; or,

5. A court-ordered period due to Department of Justice prosecution. The following are federally mandated periods for fraud:

   1. Individuals found guilty in Federal, State, or local court of trading benefits for controlled substances or vice versa would be ineligible Not qualified to receive benefits because of not meeting one or more of the specified nonfinancial or financial requirements of eligibility. to participate for 24 months for the first offense and permanently for the second offense.

   2. Individuals found guilty in Federal, State, or local court of being involved in the sale or trade of firearms, ammunition, or explosives for benefits, or vice versa will be permanently disqualified.

   3. Individuals convicted of trafficking 1. The buying, selling, stealing, or otherwise affecting an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINS) or by manual voucher and signatures for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; 2. The exchange of firearms, ammunition, explosives, or controlled substances for SNAP benefits; 3. Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount; 4. Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or 5. Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food. 6. Attempting to buy, sell, steal, or otherwise affect an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signatures, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone. SNAP benefits of $500 or more will be permanently disqualified.

       

   Note: Multiple violations may be pursued and imposed from a single investigation. Disqualification periods will run concurrently not consecutively. However, a claim must be established on all overpayments for each affected month regardless of if an IPV is imposed.

Note: When a disqualification is not served and is later discovered, only the remaining sanction can be imposed. An overpayment must be established for those months that SNAP benefits were received when the household was not eligible.

 

An individual found to have made a fraudulent statement or representation with respect to identity or place of residence in order to receive duplicate benefits in multiple states is disqualified for 10 years.

Continuing to receive benefits in one state after moving to another constitutes making a fraudulent statement or representation with respect to identity or place of residence in order to receive duplicate benefits. When this occurs, a claim must be established and an IPV pursued by the state the individual is currently residing in.

The guilty decision must have occurred on September 20, 1996, or after and the 10-year time frame starts the month following the month the individual was found guilty in a state or federal court anywhere in the nation.

If the guilty decision was issued from the Administrative Hearing Office, the 10-year time frame starts the month following the month of receipt of the signed Findings and Order.

The disqualification for the IPV is 10 years even if it is the individual’s first or second, and permanently, if it is the individual’s third.

A disqualification imposed on an individual in another state must also be imposed in North Dakota.

The HSZ must obtain copies of court decisions, administrative disqualification hearing determinations, signed disqualification consent agreements or administrative disqualification hearing waivers in electronic or hard copy. If the HSZ needs assistance in obtaining the verification, contact SNAP Policy.

The verification must be narrated and placed in the case file. The eligibility worker will notify SNAP Policy by emailing fspolicy@nd.gov. SNAP Policy will enter the disqualification in the integrated eligibility system.

1. If another state takes action against an individual who has moved to North Dakota and the individual is found guilty of fraud or an Intentional Program Violation (IPV) in that state, the state must impose the proper IPV disqualification in North Dakota. The eligibility worker will notify SNAP Policy by emailing fspolicy@nd.gov. SNAP Policy will enter the disqualification in the integrated eligibility system.

2. If the individual is under a disqualification for an IPV in another state when they move to North Dakota and the individual served a portion of the disqualification in the other state, the individual must serve the remainder of the penalty in North Dakota.

3. If the individual has an IPV and served the disqualification period in another state before coming to North Dakota, the penalty must be entered into the integrated eligibility system.

4. An individual disqualified permanently due to having three or more IPV’s in another state continues to be disqualified in North Dakota.

5. An individual disqualified for having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states continues to be disqualified in North Dakota.

    

The Electronic Disqualification Recipient Subsystem (eDRS) provides SNAP Intentional Program Violations (IPVS) that have been imposed in all 50 states and in U.S. territories. Information received as a result of any eDRS interface search is owned and managed by Food and Nutrition Services (FNS) A federal agency of the United States Department of Agriculture responsible for administering the nation’s domestic nutrition assistance programs..

eDRS provides IPV information for individuals age 14 or older.

The worker must search the eDRS system at every application and review.

If information is returned from the eDRS system, When the worker must contacts the other state to determine if the individual received or is currently receiving benefits from that state, the worker must ask whether any individual age 18 or older has been disqualified for:

1. IPV

2. Court action for fraud

3. Felony drug conviction

If there is a disqualification, the worker must request IPV findings and order or court documents and forward to the State Office for entry into the eligibility system.

The State Office will assist the Human Service Zone if they have difficulty obtaining this information.

The State Office enters the following disqualified individuals into the eDRS:

1. Administrative disqualification hearing.

2. Waiver of right to an administrative disqualification hearing.

3. Court action.

4. Deffered adjudication.