An individual accused of committing an intentional program violation may waive the right to an administrative disqualification hearing for the first and second violations. An individual who waives this right is ineligible to participate in the program. The department shall establish the period of ineligibility according to the following:

1. (1) If the intentional program violation occurred before September 23, 1996, and it is the individual's first violation, 6 months;
2. (2) If the intentional program violation occurred before September 23, 1996, and it is the individual's second violation, 12 months;
3. (3) If the intentional program violation occurred after September 22, 1996, and it is the individual's first violation, 12 months; and

4. (4) If the intentional program violation occurred after September 22, 1996, and it is the individual's second violation, 24 months.

   A hearing waiver may not be used for a third violation.

   Cross-References: Waiver requirements, 7 C.F.R. § 273.16(f)(1)(ii); Disqualification penalties, 7 C.F.R. § 273.16(b).

Source: 10 SDR 11, effective August 15, 1983; 15 SDR 61, effective October 23, 1988; 23 SDR 60, effective October 10, 1996; 25 SDR 115, effective March 24, 1999.

General Authority: SDCL 28-12-1.

Law Implemented: SDCL 28-12-1 ; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. § 2011-2027, inclusive.