WAC 388-446-0020   Food assistance disqualification penalties.  (1) Disqualification penalties apply only to the person or persons found to have committed an intentional program violation (IPV) as follows:

     (a) If the intentional program violation occurred in whole or in part after the household was notified of the following penalties:

     (i) Twelve months for the first violation;

     (ii) Twenty-four months for the second violation;

     (iii) Permanently for the third violation.

     (b) If the violation ended before the household was notified of the penalties in subsection (1)(a) of this section:

     (i) Six months for the first violation;

     (ii) Twelve months for the second violation;

     (iii) Permanently for the third violation.

     (2) The disqualification and penalty period for a person convicted in another state stays in effect until satisfied regardless of where a person moves.

     (3) Multiple program violations are considered as one violation when determining the penalty for disqualification when the violations occurred before the department notified the household of the penalties, as described in subsection (1), (4) and (5) of this section.

     (4) Disqualification penalties for persons convicted by a federal, state, or local court of trading or receiving food coupons for a controlled substance are:

     (a) Two years for a first conviction; and

     (b) Permanently for a second conviction.

     (5) A first conviction by federal, state, or local court permanently disqualifies persons who:

     (a) Trade or receive food coupons for firearms, ammunition, or explosives; or

     (b) Knowingly buy, sell, trade, or present for redemption food coupons totalling five hundred dollars or more in violation of section 15 (b) and (c) of the Food Stamp Act of 1977, as amended.

     (6) Persons convicted of providing false identification or residency information to receive multiple coupon benefits are disqualified for ten years.

     (7) When a court convicts a person of an IPV, the disqualification penalties specified in subsection (1) through (5) apply as follows;

     (a) In addition to any civil or criminal penalties; and

     (b) Within forty-five days of the date of conviction; unless

     (c) Contrary to the court order.

     (8) Disqualification penalties are applied after notifying the household of the disqualification, the effective date, the amount of benefits the household will receive during the disqualification period and the need to reapply when the certification period expires.

     (9) Even though only the individual is disqualified, the food assistance household is responsible for making restitution for the amount of any overpayment.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-446-0020, filed 7/31/98, effective 9/1/98.]