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Indiana Grocery Case Analysis

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ANALYSIS AND CONCLUSION

In 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 her EBT card for SNAP trafficking in an amount totaling $1,226.26 during October 1, 2013 through May 2, 2014, at Indiana Grocery.

During the course of their investigation, the FNS completed a store survey at Indiana Grocery in comparison to other comparable grocery stores in the area. (Exhibit C-5) Based on this survey any transaction at or above $38.00 could be considered suspicious based on the inventory and size of the store. The store was approximately 600 square feet in size. The store had no shopping carts, …show more content…
§ 273.16(c)(2), an Intentional Program Violation occurs when an Individual commits “any act that constitutes a violation of food Stamp Act, the Food Stamp Program Regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of coupons, authorization cards or reusable documents used as part of an automated benefit delivery system”. In this case, the Individual admitted to swiping her card in exchange for items that had already been received. The ALJ finds that at the time of the transactions there was no exchange of goods, since the items had already been received, therefore making these transactions prohibited by the SNAP program and a violation of the SNAP program. Regulations found at 7 CFR § 273.16(b) state that when a person is found to have committed an Intentional Program Violation, the first offense will be that of a twelve (12) month disqualification period. The ALJ finds that since the Individual committed an Intentional Program Violation, and this was her first offense, the twelve (12) month disqualification period proposed by OIG is

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