An individual accused of committing an intentional program violation may sign a disqualification consent agreement if the department's claim against the individual has been referred for prosecution and the decision concerning guilt has been delayed because the individual has either met the terms of a court order or has met the terms of an agreement with the prosecutor.

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 third violation results in permanent disqualification regardless of when the violation occurred.

   Cross-References: Disqualification for intentional program violation, 7 C.F.R. § 273.16(a)(3); Disqualification penalties, 7 C.F.R. § 273.16(b).

An individual who signs a disqualification consent agreement shall be ineligible to participate in the program. The department shall establish the period of ineligibility according to the following:

Source: 10 SDR 11, effective August 15, 1983; 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.