FSD FAIR HEARING RIGHTS: You have the right to a hearing if you have applied for or are receiving Food Stamp
benefits, and the following happens:
• FSD decides that you are not eligible and you think you are.
• FSD provides you with Food Stamp benefits and then reduces or stops the benefits and you think the reasons are
wrong.
• You disagree with the information used to determine the benefit amount or disagree with the benefit amount.
• FSD refuses to take your application.
• FSD does not act promptly on your request for help and you think that they have had enough time to do so.
If your application has been refused or rejected or any action on your case has already been taken, you may request a
hearing within 90 days of the refusal or action. If the proposed action will change or stop your benefits and you request
a hearing within ten days from the date of the notice, you may continue to receive the same benefits until the hearing
decision. You or your representative may request a hearing by phone, in-person, or in writing. Your case can be
presented by a household member, or a representative such as legal counsel, relative, friend or other spokesperson.
YOU MAY BE DISQUALIFIED FROM RECEIVING FOOD STAMP BENEFITS IF YOU:
• Sell your Food Stamp benefits for cash or consideration other than eligible food, either directly, indirectly, in
complicity or collusion with others, or acting alone.
• Lie or hide information to get Food Stamp benefits that your household should not get.
• Use Food Stamp benefits to buy nonfood items, such as alcohol or cigarettes, or to pay on credit accounts.
• Purchase a product with Food Stamp benefits that has a container requiring a return deposit with the intent of
obtaining cash by discarding the product and returning the container for the deposit amount.
• Intentionally purchase products with Food Stamp benefits in exchange for cash. For example, do not purchase food
to make products for resale.
• Pay for food purchased on credit with Food Stamp benefits.
• Use or have in your possession EBT cards that are not yours.
• Trade or sell EBT cards or provide food purchased with Food Stamp benefits to non-household members.
NOTIFICATION AND ACKNOWLEDGEMENT OF FRAUD PROVISIONS
It is against the law to lie to receive Food Stamps or to sell or trade your Food Stamp benefits. Excessive Electronic
Benefit Transfer (EBT) card replacement requests may result in a referral for fraud investigation. 7 USC 2015(b)(1) any
person who has been found by any state or federal court or administrative agency to have intentionally made a false or
misleading statement, or misrepresented, concealed or withheld facts or committed any act that constitutes a violation
of this act, the regulations issued thereunder, or any state statute, for the purpose of using, presenting, transferring,
acquiring, receiving, or possessing Food Stamp benefits shall, immediately upon the rendering of such determination,
become ineligible for further participation in the program for a period of 1 year upon the first occasion of any such
determination, 2 years for the second occasion and permanently upon the third occasion.
Applicants cannot violate the Food and Nutrition Act of 2008 which includes the following:
• Any member who breaks any of the rules on purpose can be ineligible from the Food Stamp Program for one year,
up to permanently, fined up to $250,000, imprisoned up to 20 years or both. S/he may also be subject to
prosecution under other applicable Federal and State laws. S/he may also be barred from Food Stamps for an
additional 18 months if ordered by a court.
• Any member of your household who intentionally breaks the rules may be ineligible to receive Food Stamps for
one year for the first offense, two years for the second offense, and permanently for the third offense.
• If a court of law finds any household member guilty of using or receiving benefits in a transaction involving the
sale of a controlled substance, you will not be eligible for benefits for two years for the first offense, and
permanently for the second time.
• If a court of law finds you guilty of having used or received benefits in a transaction involving the sale of fire-arms,
ammunition or explosives, you will be permanently ineligible to participate in the Program upon the first occasion
of such violation.
• If you are found to have made a fraudulent statement or representation with respect to the identity or place of
residence in order to receive multiple Food Stamp benefits simultaneously, you will be ineligible to participate in
the Program for a period of 10 years.
• If a court of law finds you guilty of having trafficked benefits for an aggregate amount of $500 or more, you will be
permanently ineligible to participate in the Program upon the first occasion of such violation.
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