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This entry was published on 2014-09-22
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Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 145-c. Sanctions. Any person who, individually or as a member of a
family, applies for or receives public assistance and is found by a
federal, state or local criminal, civil or other court or pursuant to an
administrative hearing held in accordance with the regulations of the
department, on the basis of a plea of guilty or nolo contendere or
otherwise, intentionally to have (a) made a false or misleading
statement or misrepresented, concealed, or withheld facts, or (b)
committed any act intended to mislead, misrepresent, conceal, or
withhold facts or propound a falsity, for the purpose of establishing or
maintaining the eligibility of the individual or of the individual's
family for aid or of increasing (or preventing a reduction in) the
amount of such aid, then the needs of such individual shall not be taken
into account in determining his or her need or that of his or her family
pursuant to section one hundred thirty-one-a of this article (i) for a
period of six months upon the first occasion of any such offense, (ii)
for a period of twelve months upon the second occasion of any such
offense or upon an offense which resulted in the wrongful receipt of
benefits in an amount of between at least one thousand dollars and no
more than three thousand nine hundred dollars, (iii) for a period of
eighteen months upon the third occasion of any such offense or upon an
offense which results in the wrongful receipt of benefits in an amount
in excess of three thousand nine hundred dollars, and (iv) five years
for any subsequent occasion of any such offense. Any period for which
sanctions are imposed shall remain in effect, without possibility of
administrative stay, unless and until the finding upon which the
sanctions were imposed is subsequently reversed by a court of
appropriate jurisdiction; but in no event shall the duration of the
period for which such sanctions are imposed be subject to review. The
sanctions shall be in addition to, and not in substitution for, any
other sanctions which may be provided for by law with respect to the
offenses involved, except that the social services official or court
official assessing penalties against a recipient for an act of fraud or
misrepresentation described in this subdivision may consider whether to
impose such penalties based upon the existence of the penalties
described herein.