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New York Codes, Rules and Regulations


Section 359.3 - Standards.


359.3 Standards. The standards for determining whether an individual has committed an intentional program violation are:

(a) A public assistance-IPV occurs when an individual has established or maintained his or her eligibility or the eligibility of the individual's family for public assistance or has increased or prevented a reduction in the amount of public assistance by intentionally:

(1) making a false or misleading statement, or misrepresenting, concealing or withholding facts concerning the individual's eligibility for public assistance;

(2) committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity concerning the individual's eligibility for public assistance; or

(3) engaging in any conduct inconsistent with the requirements of Parts 350, 351, 352, 369 or 370 of this Title.

(b) An FS-IPV occurs when an individual has intentionally:

(1) made a false or misleading statement, or misrepresented, concealed or withheld facts concerning the individual's eligibility for food stamps; or

(2) committed any act constituting a violation of the requirements of the Food Stamp program, including, but not limited to, acts constituting a fraudulent use, presentation, transfer, acquisition, receipt, possession or alteration of food stamp coupons or authorization to participate cards or any other evidence of the individual's eligibility for food stamps.