N.Y. Comp. Codes R. & Regs. tit. 18 § 399.1

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

Section 399.1 - Definitions

(a) Fraud (acts committed prior to August 1, 1983). For purposes of determining at an administrative fraud hearing whether or not fraud was committed, fraud shall consist of any action by an individual to knowingly, willingly and with deceitful intent:

(1) make a false statement to a social services district, either orally or in writing, to obtain benefits to which the household is not entitled;

(2) conceal information to obtain benefits to which the household is not entitled;

(3) alter authorization to participate cards (ATPs) to obtain benefits to which the household is not entitled;

(4) use coupons to buy prohibited nonfood items such as alcohol or cartons of cigarettes;

(5) use or possess improperly obtained coupons or ATPs; or

(6) trade or sell coupons or ATPs.

(b) Administrative food stamp fraud hearing (acts committed prior to August 1, 1983). A hearing scheduled by the department at the request of a social services district upon the submission by the district of sufficient documentary evidence to establish that an individual has committed one or more acts of fraud as defined in subdivision (a) of this section, where the amount in issue is $35 or more.

(c) Intentional program violation (acts committed on or after August 1, 1983). For purposes of determining at an administrative disqualification hearing whether or not an intentional program violation was committed, an intentional program violation shall consist of an individual having intentionally:

(1) made a false or misleading statement, or misrepresented, concealed or withheld facts; or

(2) committed any act, including but not limited to acts constituting a fraudulent use, presentation, transfer, acquisition, receipt, possession or alteration of food stamp coupons or authorization to participate cards, that constitutes a violation of section 6 of the Food Stamp Act of 1977 (on file Compilation of Food Stamp Act of 1977 and other selected Federal nutrition statutes prepared by the Committee on Agriculture, U.S. House of Representatives, U.S. Government Printing Office, Washington, 1984 pp. 16-22, available for copying from the Bureau of Food Stamps, Division of Income Maintenance, New York State Department of Social Services, 40 North Pearl Street, Albany, NY) sections 273.16 and 273.18 of title 7 of the Code of Federal Regulations (7 CFR revised as of January 1, 1984 published by the Office of the Federal Register, National Archives and Records Service, General Services Administration, pp. 468-489, available for copying from the Bureau of Food Stamps, Division of Income Maintenance, New York State Department of Social Services, 40 North Pearl Street, Albany, NY) or any relevant State statute. This material is available for public inspection and copying at the office of the Food Stamp Bureau of the New York State Department of Social Services, 40 North Pearl Street, Albany, NY 12243.

(d) Administrative disqualification hearing (acts committed on or after August 1, 1983). A hearing scheduled by the department at the request of a social services district upon the submission by the district of sufficient documentary evidence to establish that an individual has committed one or more acts constituting an intentional program violation as defined in subdivision (c) of this section, where the amount in issue is $35 or more.

(e) Waiver of administrative disqualification hearing. A document sent by the department to an individual against whom the department has scheduled an administrative disqualification hearing, which complies with the provisions of section 399.8 of this Part, and which, when properly executed by the individual and the head of household and received by the department will result in the department sending written notification to the social services district which had requested the hearing that it may impose the appropriate penalty contained in section 399.9 of this Part, upon appropriate notice, approved by the department, without a hearing.

(f) Inadvertent household error. Any overpayment caused by a misunderstanding of unintended error on the part of a food stamp household; also the initial treatment of a fraud determination or intentional program violation determination by a local social services district. Instances of inadvertent household error include, but are not limited to:

(1) the household unintentionally failed to provide the local social services district with correct or complete information;

(2) the household unintentionally failed to report changes in household circumstances to the local social services district;

(3) the household unintentionally received benefits or more benefits than it was entitled to receive pending a fair hearing decision because the household requested a continuation of benefits based on the mistaken belief that it was entitled to such benefits;

(4) the household committed an act prior to August 1, 1983, which the social services district suspects or has evidence which it believes is sufficient to establish was caused by fraud as defined in subdivision (a) of this section and the district has not received written authorization as set out in section 399.2(b) of this Part to forego nonfraud procedures prior to referral for either fraud prosecution or an administrative food stamp fraud hearing; or

(5) the household committed an act on or after August 1, 1983, which the social services district suspects is, or has evidence which it believes is sufficient to establish an intentional program violation as defined in subdivision (c) of this section and the district has not received written authorization as set out in section 399.2(b) of this Part to forego proceeding on the inadvertent household error prior to referral for either intentional program violation prosecution or an administrative disqualification hearing.

(g) Disqualification consent agreement. A document in which an individual and the head of household consents to an appropriate disqualification penalty as set forth in section 399.9 of this Part without a trial.

(h) Head of household. For purposes of this section, head of household has the same definition as that contained in section 387.1(u)(1) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 399.1