SECTION 357.539. Court Actions in Relation to Administrative Disqualification

(a) The temporary assistance for needy families (TANF) and food stamp federal regulations provide for a court of appropriate jurisdiction to order an individual disqualified from participating in the program for the time periods described in §79.1917 of this title (relating to Effect of an Administrative Determination of Intentional Program Violation).

(b) The state, a political subdivision of the state, or the United States may serve as prosecutor or plaintiff.

(c) If the court fails to impose a disqualification period on a household member who committed an intentional program violation, the Texas Department of Human Services (DHS) imposes one of the penalties described in §79.1917 of this title (relating to Effect of an Administrative Determination of Intentional Program Violation). DHS imposes the appropriate penalty unless the court order prohibits the penalty.

Source Note: The provisions of §357.539 adopted to be effective February 1, 1994, 18 TexReg 9857; amended to be effective September 14, 1998, 23 TexReg 9410; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013