preview

What Is An EBT Program Violament?

Decent Essays

At an administrative disqualification hearing, the Office of Inspector General (OIG) bears the burden of proving by clear and convincing evidence that an intentional program violation has occurred. In this hearing, it is the position of OIG that the Individual used his EBT card for SNAP trafficking in an amount totaling $1,715.89 during November 5, 2013 through October 9, 2014, at One Stop Deli. The OIG provided the PA 600 application for benefits (Exhibit C-1) as verification that the Individual applied for SNAP benefits and was aware of the rights and responsibilities as a SNAP recipient. Also, the PA 600 showed that the Individual was advised of the prohibitions and penalties for violation. The OIG’s witness, IMCW TL also corroborated …show more content…

The store sketch indicated a hand written date of November 12, 2013, but it could not be determined if this was completed at the same time as the survey, or at the same time as the actual photographs taken at the store. The USDA SNAP Store Visit Sketch alone does not substantiate how the USDA-FNS determined their store high of $37.98. The OIG completed an analysis of the store’s EBT transactions as shown in the Xerox system, for the period of November 1, 2013 through October 31, 2014. (Exhibit C-13). The ALJ finds that this document does show that the Individual completed the majority of his purchases in One Stop Deli, as indicated by his testimony. If he used this vendor as his primary vendor to shop, it is credible that he would have purchases that exceed the USDA-FNS determined excessive amount of $37.98, as well as the OIG determined excessive amount of $17.31. This analysis does not show that the Individual participated in SNAP trafficking at One Stop Deli. The Business Record Certification Statement (Exhibit C-10) was provided to show that the EBT transactions the OIG used to create their analysis were complete and unaltered as shown in the Xerox database. The ALJ finds that these documents show how the OIG determined an average

Get Access