359.4 Referral to prosecuting authorities.
(a) The social services district must refer a case involving a public assistance-IPV or FS-IPV in which it believes the facts warrant civil or criminal prosecution to the appropriate district attorney, or to any other prosecutor authorized to act on the matter, and not to the office for an administrative disqualification hearing. This subdivision will not apply in instances in which the social services district has received prior notification from the district attorney or other equivalent prosecutor that the amount of any overpayment or over-issuance determined by the district to exist is less than the amount which the appropriate official has deemed sufficient for prosecution, provided that the social services district has not been notified by any other prosecutor authorized to act on the matter that such prosecutor intends or desires to prosecute such matter. The office may not reverse a determination following an administrative disqualification hearing for lack of compliance with the provisions of this subdivision.
(b) Disqualification consent agreement (DCA).
(1) A DCA must be in a format prescribed by the department and must include:
(i) notification to the accused individual of the consequences of signing the agreement and consenting to a disqualification penalty;
(ii) a statement for the accused individual to sign indicating that he or she understands the consequences of signing the agreement, along with a statement that any caretaker relative or head of household must also sign the agreement if the accused individual is not the caretaker relative or head of household;
(iii) a statement that signing the agreement will result in disqualification of the accused individual and reduction or discontinuance of assistance or food stamps for the disqualification period, even if the accused individual was not found guilty of civil or criminal misrepresentation or fraud;
(iv) a statement describing the disqualification period which will be imposed as a result of the accused individual's signing the agreement; and
(v) a statement that the remaining members of the household or assistance unit, if any, will be held responsible for repayment of the overpayment or over- issuance, unless the accused individual has already repaid the overpayment or over-issuance as a result of meeting the terms of any agreement with the prosecutor or any court order.
(2) When a case is referred in accordance with this section to the appropriate district attorney, or to any other prosecutor authorized to act on the matter, and is accepted for prosecution, the prosecutor may choose to settle the case or a court of appropriate jurisdiction hearing the case may issue a pre-determination disposition order, such as an order adjourning the case in contemplation of dismissal, provided that full restitution is made. In such cases, the social services district may use a DCA as described in paragraph (1) of this subdivision.
(3) Social services districts which contemplate the use of DCA's must enter into written agreements with the appropriate prosecutors which give the social services districts opportunity to send advance written notification of the consequences of signing a DCA to the assistance unit or household when deferred adjudication is contemplated.
(4) If the prosecutor requests or authorizes a social services district to assist in obtaining a DCA as described in paragraph (1) of this subdivision, a copy of the DCA, together with the notification of the consequences of signing the DCA as described in subparagraph (i) of paragraph (1) of this subdivision must be provided to the accused individual at least 10 days prior to the execution of the DCA and the accused individual must be advised that he or she may obtain a legal or other authorized representative for counsel and advice prior to and at the time the DCA is executed by such accused individual.
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