referred for an administrative disqualification hearing (ADH). Oklahoma Department of Human Services (DHS)
Office of Inspector General (OIG) staff refers cases to the DHS Legal Services
Appeals Unit to conduct an ADH to determine if the client committed an
intentional program violation. The cases
referred contain documentary evidence of intentional program violation, but do
not warrant civil or criminal prosecution.
ADH. OIG staff gives a client
suspected of an intentional program violation the option to waive his or her
rights to an ADH. The client must
complete and sign Form 08OP016E, Administrative Disqualification Hearing
Waiver, to request a waiver. A waiver of
the hearing subjects the client to the same penalties as if the hearing process
determined intentional program violation.
for intentional program violation.
When the ADH results in an intentional program violation determination
or the client waives his or her right to the hearing process, Adult and Family
Services (AFS) Benefit Integrity and Recovery BIR staff imposes a
(1) AFS BIR staff
sends Form 08AD019E, Program Penalty/Disqualification Notice, to the
disqualified member. Form 08AD019E
includes information regarding the remaining household members' eligibility.
disqualification period for a person is one year for the first violation, two
years for the second violation, and permanently for the third violation.
(A) Any person
disqualified for intentional program violation prior to April 1, 1983, is
considered to have one previous disqualification, regardless of the number of
(B) A person is
disqualified for a period of 10 years when an ADH decision finds the person
made a fraudulent statement or representation with respect to identity or place
of residence in order to receive multiple, simultaneous Supplemental Nutrition
Assistance Program (SNAP) food benefits.
disqualification period begins the first, possible effective month following
the date AFS BIR staff mails Form 08AD019E.
Once the disqualification period begins, it runs continuously until the
end of the period imposed, regardless of whether the household remains eligible
for food benefits during the person's disqualification period.
(D) AFS BIR staff
removes the disqualified person from the household size or closes the SNAP food
benefit based on an intentional program violation when it is a one person
household. Per Oklahoma Administrative
Code (OAC) 340:50-7-29(d)(1), the worker counts the total gross income of the
disqualified person in determining the remaining household members eligibility
and allows all applicable deductions for the remaining household members. • 1
(E) A client must
repay the SNAP food benefit overpayment claim regardless of any
disqualification penalty imposed. AFS
BIR staff sends Form 08OP118E, Food Benefit Repayment Agreement, to notify the household
of the need to make a repayment plan and the repayment options available to the
client per OAC 340:50-15-6.
determined by a court. AFS BIR staff
refers all cases suspected of intentional program violation to OIG to determine
if court action is feasible.
(1) When OIG staff
refers the person for court action, AFS BIR staff must not discuss the
overpayment claim with the household until court action is complete or AFS BIR
staff notifies the worker of needed action.
Local county staff forwards further information or directs client
inquiries regarding the overpayment to AFS BIR staff.
(2) A court of
appropriate jurisdiction may find one or more persons in the household guilty
of obtaining food benefits by fraudulent means.
The court may charge the person with either a misdemeanor or felony.
Disqualification penalty procedures for court and ADH determined cases are the
same, except for (A) through (D) of this paragraph.
(A) The court may
specify the length of the disqualification.
Court-specified periods of disqualification may supersede (c)(2) of this
(B) A person
determined by a federal, state, or local court to have committed intentional
program violations of trading SNAP food benefits for firearms, ammunition,
explosives, or controlled substances is subject to disqualification:
(i) for two years
for the first offense and permanently for the second offense involving the sale
of a controlled substance for SNAP food benefits; and
for the first offense involving the sale of firearms, ammunition, or explosives
for SNAP food benefits.
(C) A person
convicted in a federal, state, or local court of trafficking SNAP food benefits
for an aggregate amount of $500 or more is permanently disqualified from SNAP
participation. Per Section 271.2 of
Title 7 of the Code of Federal Regulations and Section 243 of Title 56 of the
Oklahoma Statutes (56 O.S. § 243), the definition of trafficking means:
(i) the buying,
selling, stealing, or otherwise effecting 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 signature for
cash or consideration other than eligible food, either directly, indirectly, in
complicity or collusion with others, or acting alone;
(ii) the exchange
of firearms, ammunition, explosives, or controlled substances, per Section 802 of Title 21 of the United States Code, for SNAP benefits;
(iii) 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;
(iv) 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;
purchasing products originally purchased with SNAP benefits in exchange for
cash or consideration other than eligible food;
(vi) attempting to
buy, sell, steal, or otherwise affect an exchange of SNAP benefits issued and
accessed via EBT cards, card 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; or
(vii) the possession
of stolen SNAP EBT cards.
(D) A person is
disqualified from participation in SNAP for a 10-year period when the person is
found to have made a fraudulent statement or representation with respect to
identity or place of residence in order to receive multiple benefits
simultaneously under SNAP.
(4) The court may
also stipulate a repayment plan. The
repayment plan cannot be renegotiated.
AFS BIR staff may refer the case back to the district attorney's office
when the client fails to comply with the repayment plan.
(5) Per 56 O.S. §243(B)(5), any district attorney who enters into a deferred adjudication or who
negotiates for a deferred sentence with a defendant charged with fraud must
present the defendant with a disqualification consent agreement as part of the
deferred adjudication or sentence.