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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 730LEGAL SERVICES
SUBCHAPTER UFRAUD INVOLVING RECIPIENTS
RULE §730.2001Terms and General Responsibility

(a) Food stamp, medical assistance, and financial assistance are indicated when the term "assistance" is used in this subchapter. Medical assistance, aid to families with dependent children (AFDC), and food stamp intentional program violations are not given special treatment except if specific procedural distinctions are noted.

(b) A household member has committed a food stamp intentional program violation if he has intentionally:

  (1) made a false and misleading statement;

  (2) misrepresented, concealed, or withheld facts; or

  (3) violated any provision of the Food Stamp Act, the Food Stamp Program regulations, or related state statutes in order to use, present, transfer, acquire, receive, or possess food stamp coupons or food stamp authorizations to participate (ATPs).

(c) An AFDC intentional program violation has occurred if a recipient has intentionally, for the purpose of establishing or maintaining the family's eligibility for AFDC or for increasing or preventing a reduction in the amount of the grant:

  (1) made a false or misleading statement;

  (2) misrepresented, concealed, or withheld facts, or represented a falsehood to be a fact; or

  (3) violated any provision of the state or federal statutes or regulations applicable to the AFDC program.

(d) A household member may be charged with an intentional program violation even if he has not actually received benefits to which he is not entitled.

(e) PRS does not include as part of a claim any overissuance made prior to six years before the overissuance is discovered.

(f) In food stamp and AFDC intentional violation proceedings against individuals, actions under either the food stamp or AFDC programs will be coordinated with the actions under the other, to the extent possible.


Source Note: The provisions of this §730.2001 adopted to be effective January 1, 1976; amended to be effective December 28, 1976, 1 TexReg 3515; amended to be effective March 1, 1979, 4 TexReg 555; amended to be effective June 15, 1987, 12 TexReg 1394; amended to be effective July 1, 1992, 17 TexReg 3477; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.

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