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(Revised 6/1/05 ML #2971)
The North Dakota Department of Human Services has elected to implement the optional fraud control provisions pursuant to Section 416 of the Social Security Act. Any individual who is suspected of committing fraud for the purpose of improperly establishing or maintaining eligibility for benefits shall be referred to the Administrative Disqualification Hearings Officer or the court system for a determination of fraud.
Disqualified people who have committed an Intentional Program Violation (IPV). An IPV disqualification can be established by any of the following:
Court conviction.
Disqualification consent agreement.
Administrative Disqualification Hearing (ADH).
Disqualify people who have committed an IPV for the following lengths of time:
12 months for the 1st offense.
24 months for the 2nd offense.
Permanently for the 3rd offense.
Disqualified people who have been convicted in state or federal court of making a fraudulent statement regarding residence in order to receive duplicate assistance from 2 or more states, even if they are otherwise eligible. The period of disqualification is 10 years from the date of conviction.
Disqualify only the person convicted of fraud. Other unit members remain eligible.
Send the client the Notice of Disqualification to disqualify the client and/or reduce or end assistance. This disqualification is not appealable through an administrative hearing. The only appeal of this disqualification is through court action.
Record conviction and disqualification information and copies of supporting documents (including conviction information) in the case file. If a disqualified person moves from one county to another, include disqualification information in the case referral.
