Wyo. Code R. 049-0037-4
Eligibility Integrity Unit (EIU)
Chapter 4: Disqualification
Effective Date: 01/18/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0037.4.01182025
DISQUALIFICATION
Section 1. Referrals for Disqualification. Adult(s) may be referred for disqualification from Supplemental Nutrition Assistance Program (SNAP), Personal Opportunities with Employment Responsibilities (POWER) and/or Child Care, if evidence exists that an intentional program violation (IPV) occurred and a referral for a disqualification hearing is made by an Investigator.
Section 2. Factors Considered Before Making a Referral.
(a) When making a referral for a disqualification hearing, the Investigator may consider factors including, but not limited to:
Section 3. Notice.
(a) The Eligibility Integrity Unit (EIU) shall send a written notice of the disqualification hearing to the individual suspected of committing an IPV at least thirty (30) days in advance of the date a disqualification hearing has been scheduled.
(b) The notice shall contain at a minimum:
(vi) A statement that a determination of an IPV shall result in a disqualification period, and
(vii) A statement of which penalty the Department believes is applicable to the case scheduled for a disqualification;
(viii) A listing of the individual’s rights;
(ix) A statement that the disqualification hearing does not preclude the State or Federal Government from prosecuting the individual for the IPV in a civil or criminal court action, or from collecting any overpayment(s); and
(x) If there is an individual or organization available that provides free legal representation, a statement advising the individual of the availability of the service.
(a) The EIU shall allow an individual suspected of committing an IPV to waive their rights to a disqualification hearing.
(i) The waiver shall be included in the advanced notice of disqualification hearing and instruct the individual that they have the right to waive their right to a disqualification hearing.
(b) The waiver shall include, at a minimum:
(i) The date the signed waiver must be received by the Department to avoid holding a disqualification hearing;
(ii) A signature block for the individual suspected of committing an IPV, along with a statement that the head of household must also sign the waiver, if the alleged individual is not the head of household;
(iii) A statement of the individual’s right to remain silent concerning the allegation(s), and that anything said or signed may be used against the individual;
(iv) A statement indicating that signing the waiver shall result in a disqualification and a reduction in benefits for the period of disqualification, even if the individual does not admit to the allegations presented by the EIU;
(v) An opportunity for the individual to specify whether or not they admit to the allegations presented by the EIU;
(vi) The telephone number and name of the person at the EIU to contact for additional information; and
(vii) A statement that remaining non-disqualified adult household members, if any, shall also be held responsible for the repayment of any resulting claim(s).
Section 5. Disclosure Statement. The Investigator shall prepare and submit a Disclosure Statement to the Hearing Officer no later than fourteen (14) days prior to the hearing. The adult(s) named in the action may submit a response to the Disclosure Statement no later than seven (7) days prior to the hearing.
(a) Attendance.
(i) The Investigator, as a representative of the Department, the Petitioner, shall attend the disqualification hearing.
(ii) The individual alleged to have committed an IPV, the Respondent, shall attend the disqualification hearing, unless the individual has executed a Waiver pursuant to Section 4 of this Chapter.
(A) The Respondent has the right to have legal counsel or other representation present at the hearing.
(B) With the consent of the Respondent, friends or relatives of the Respondent may attend the hearing. However, the Hearing Officer may limit the number of persons in attendance if space limitations exist.
(b) The Hearing Officer shall address the parties present and;
(i) Explain the rights guaranteed by the Administrative Hearing Process;
(ii) Explain the applicable rules and potential penalties; and
(iii) Administer an oath to all parties identified to testify.
(c) Burden of Proof. The Department shall, by clear and convincing evidence, prove the Respondent committed an IPV.
(d) Each party shall have the opportunity to present an opening statement.
(e) Each party shall have the opportunity to present evidence and testimony.
(f) Each party shall have the opportunity to make a closing statement.
(a) No administrative appeal procedure exists after an individual waives their right to a disqualification hearing and the penalty has been imposed.
(b) An individual may appeal the disqualification decision in the District Court of appropriate jurisdiction, as outlined in Chapter 1 of the Department's rule for Contested Case Hearing Procedures.
(c) The imposed disqualification period may be subject to stay by the District Court.
(d) In cases where the District Court reverses the disqualification for an IPV, the Department shall purge the file of the information related to the reversed disqualification.
(e) In cases where the District Court reverses the determination of an IPV, the Department shall reinstate the individual in the program(s) if they are eligible. The Department shall further restore any benefits that were lost as a result of the disqualification in accordance with program regulations.
(a) When the Disqualification Hearing Officer makes a finding of an IPV:
(i) The Department shall enter information regarding a SNAP IPV into the electronic disqualification recipient system (eDRS).
(ii) If a household is responsible for an overpayment claim associated with an IPV, the Investigator shall ensure appropriate coding is made to the Eligibility Payment Information Computer System (EPICS) to reflect the finding of an IPV, and the total household benefits shall be reduced by twenty percent (20%).
(b) When the Disqualification Hearing Officer makes a finding of no IPV:
(i) If a household is responsible for an overpayment associated with the allegation, as long as the household remains open for SNAP or POWER, the appropriate coding shall be made to the EPICS to reflect the finding of no IPV, and the total household benefits shall be reduced by ten percent (10%).
(a) For SNAP:
(i) Individuals found to have committed an IPV either through an administrative disqualification hearing or by a Federal, State or local court, or who have signed a Waiver of Right to an Administrative Disqualification shall be ineligible to participate in the program:
(A) For a period of twelve (12) months for the first IPV;
(B) For a period of twenty-four (24) months upon the second occasion of an IPV; or
(C) Permanently for the third occasion of an IPV.
(ii) Individuals convicted by a Federal, State or local court to have used or received benefits in a transaction involving the sale of a controlled substance as defined by federal law shall be ineligible to participate in the program:
(A) For a period of twenty-four (24) months upon the first occasion of such violation; and
(B) Permanently upon the second occasion of such violation.
(iii) Individuals convicted by a Federal, State or local court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives shall be permanently ineligible to participate in the program upon the first occasion of such violation.
(iv) An individual convicted by a Federal, State or local court of having trafficked benefits for an aggregate amount of five hundred dollars ($500.00) or more shall be permanently ineligible to participate in the program upon the first occasion of such violation.
(v) An individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple SNAP benefits simultaneously shall be ineligible to participate in the program for a period of ten (10) years.
(vi) The penalties in paragraphs (i), (ii) and (iii) of this section shall also apply in cases of deferred adjudication.
(vii) If a court of law fails to impose a disqualification penalty period for an IPV, the Department shall impose the appropriate disqualification penalty as specified in paragraphs (a)(i) - (v), unless it is contrary to the court order.
(b) For POWER:
(i) Individuals found to have committed an IPV either through an administrative disqualification hearing or by a Federal, State or local court, or who have signed a waiver of right to an administrative disqualification hearing shall be ineligible to participate in the program:
(A) For a period of twelve (12) months for the first IPV;
(B) For a period of twenty-four (24) months upon the second occasion of an IPV; or
(C) Permanently for the third occasion of an IPV.
(ii) An individual found to have made a fraudulent statement or representation with respect to the individual's place of residence in order to receive multiple Temporary Assistance for Needy Families (TANF) benefits simultaneously shall be ineligible to participate in the program for a period of ten (10) years.
(c) For Child Care:
(i) The adult in the child care assistance unit shall be disqualified if found guilty of an IPV in an administrative hearing, federal, state or local court, until full restitution is paid and the sentence is completed;
(ii) The adult in the child care assistance unit shall be disqualified if given a deferred prosecution, until full restitution of all erroneous payments is paid, and the sentence is completed; or,
(iii) The adult in the child care assistance unit shall be disqualified if they were not prosecuted, but waived their right to a hearing or were found guilty of an IPV after the disqualification hearing as follows:
(A) Twelve (12) months for the first disqualification;
(B) Twenty-four (24) months for the second disqualification; or
(C) Permanently, for the third disqualification.