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Jason Christ, Pro Se
PO Box 452
Napa, California 94559
(707) 287-5092
Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF NAPA
JASON CHRIST,
CASE NO. 23CV001070
Petitioner
Vv.
SECOND AMENDED
Kim Johnson, Director of CA DEPT VERIFIED PETITION FOR
OF SOCIAL SERVICES; WRIT OF MANDAMUS
(§1094.5), STAY REQUESTED
Respondent;
[Filed concurrently with (1) Notice
of Petition for Discovery and
Submission of Additional Evidence
[CCP §1094.5(e)]; and (2) Notice
to Respondent for Preparation of
Administrative Record]
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
1
Table of Contents
Petition for Writ of Mandamus
Certificate of Compliance 12
Authorities 13
Exhibits. 14
THE PARTIES
Petitioner hereby moves this Court for a Writ of Administrative
Mandamus pursuant to Code of Civil Procedure §1094.5,
directed to Respondent Kim Johnson, Director of CA DEPT OF
SOCIAL SERVICES.
Petitioner seeks judicial review of CDSS case number SHN-
104784778 and reversal of the underlying IPV, pursuant to CA
WI §10962.
All Exhibits are attached and incorporated by reference herein.
LATE FILING
Chris seeks this Court allow late filing of Petition, due to:
In early 2023, Mr. Christ was injured and suffered three (3)
broken ribs. The prescribed medication prevented his legal
work as it affected his thinking.
The final judgment letter was not sent until September 2, 2022.
Covid 19 restrictions further reduced his prep time by at least 6
months.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
2
FACTUAL AND_ PROCEDURAL BACKGROUND
Petitioner received SNAP Benefits in 2014 as a Montana
("MT") homeless resident, serving an unrelated MT State
felony probation sentence of 6 years. [Exhibit A.]
He traveled to California with permission from his probation
officer, was in a car wreck in Oregon, used his SNAP outside of
Montana for several months. [Exhibit B.]
10.While traveling, Martin Guhl, MT DHHS Quality Assurance
Division ("QAD"), sent him two (2) letters, with requirements
in opposition of procedures established by Federal laws. They
introduced an undocumented procedure requiring the him to
verify his residency and travel plans to Mr. Guhl, who was not
a SNAP benefits worker. The letters expressed concern that his
SNAP benefits were used out of State and threatened a 10-year
disqualification from SNAP and criminal charges. Both letters
were returned to Mr. Guhl. Mr. Guhl never called or emailed
the Petitioner.
11.Petitioner was convicted of an IPV in December, 2014, with a
1-year disqualification. [Exhibit C.]
12.Petitioner was traveling and unaware of Mr. Guhl's letters or the
IPV proceedings. Evidence shows this was inadvertent office
error. [Exhibit D.]
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
3
13.Because of inadvertent office errors, he first learned of the IPV
in March 2015 from CalFresh. [Exhibit E.], and immediately
appealed.
14.0n April 2, 2015, the Montana Fair Hearings Department
reversed a judgment of $874. [Exhibit F.]
15.The Montana Fair Hearings Board of Appeals denied his
request to reverse the IPV because he didn't appeal within 14
days of the December 2014 judgment, or by the hard deadline
of 45 days set by Montana State law.
16.He appealed to Montana State District court who ultimately
affirmed and remanded the Board's Order, but did not review de
novo.
17. Petitioner was disqualified from SNAP benefits for 2015.
18.In 2020, Petitioner applied for, and received CalFresh in Napa
County.
19.In 2021, Napa County sent Petitioner a Notice requesting he
pay back $874 to Montana, and other fees. He timely appealed
for a fair hearing.
20.After several hearings, a June 24, 2022 Final Fair Hearing
Order was granted in part. [Exhibit G.] The Administrative Law
Judge stated he was without authority to reverse the underlying
IPV.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
4
21.Petitioner's re-hearing request was denied by the Chief
Administrative Law Judge on September 2, 2022. [Exhibit H].
22.Petitioner has exhausted all administrative remedies.
Violations of Due Process
23.An applicant may only be charged with an IPV, if the applicant:
"(1) Made a false or misleading statement, or
misrepresented, concealed or withheld facts; or
(2) Committed any act that constitutes a violation of the
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 (access device)." - [7 CFR 273.16(c)]
24.MT DHHS had Petitioner's phone number and email, and knew
Petitioner was homeless - as listed in the SNAP application.
25.Petitioner was on MT felony probation and not allowed to
change residency to another State without following the
Interstate Compact Agreement which governs Interstate
probation. Petitioner intended on complying with MT State law
and remaining a MT State resident.
26.Petitioner did not change residency, and was not required to
report, and 7 CFR 273.12(d) prohibited Petitioner's liability. He
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
5
was not required to report any changes - because there were
none.
27.In a SNAP application, residency may be considered
questionable information, which requires a SNAP benefits
worker to interview the applicant, in person or over the phone,
and assisting the applicant with obtaining information from
collateral contacts to clarify, if necessary. When an applicant is
homeless, the normal residency requirements - such as utility
bills, etc. - are not required. [7 CFR 273.2(f)(1)(vi), 7 CFR
273.2(£(2)(i); 7 CFR 273.2(f)(4)(i), 7 CFR 273.2(£)(4)(ii), 7
CFR 273.2 (£)(5)(i), 7 CFR 273.2 (£)(8)(i)(D)] [SNAP Manual -
snap 103-5(10012010)]
28.The evidence shows that Petitioner did not violate the
provisions of 7 CFR 273.16(c). He was a Montana resident,
applying for SNAP, in Montana. Nothing indicated he had
moved from the project area. He didn't apply for duplicate
benefits, he didn't have unreported income, he didn't trade them
for cash or weapons.
29.Federal Law prohibits restrictions on where SNAP benefits are
used. Recipients are allowed to travel and eat food and SNAP
redemption in every State is mandated. [7 CFR 273.3(a)][7
CFR 274.8(10)]
30.If the MT DHHS believed Petitioner had moved out of State,
the law prohibited Notice from being sent. [7 CFR
273.13(b)(3)] However, MT DHHS stated they believed he had
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
-6-
moved out of State when he had reapplied for SNAP, but
simultaneously attempted to serve him Notices.
31.The proper procedures should have been followed and any
questionable information, was required to have been handled
with a phone call from the MT SNAP benefits worker, not IPV
proceedings based on out-of-State SNAP usage. [7 CFR
273.2(£)(1 (vi), 7 CFR 273.3(a)]
32.The procedure followed by the MT DHHS QAD was illegal,
because it placed a mandatory reporting obligation on the
Petitioner to contact a non-SNAP Benefits worker and provide
evidence that he was homeless and traveling. No procedure
exists for this and no law allows the State to require evidence
from an applicant to a non-SNAP Benefits worker, and clearly
in opposition to the State and Federal laws. This unwritten
procedure promulgated by the MT DHHS is a violation of the
14th Amendment of the US Constitution.
33.Adequate service requires the charges to be sufficient that they
can be specifically defended against. The IPV complaint from
the DHHS does not contain a claim upon which relief may be
granted. It does not indicate any behavior that is an Intentional
Program Violation. The Notices never included any references
to any regulations alleged to have been broken, in violation of
Montana's Statute 37.5.505(5)(c).
34.California's CalFresh department also violated his right to due
process in January, 2015, by not following mandated
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
7
procedures. Petitioner had applied for, and immediately
received, SNAP benefits - but the CalFresh worker failed to
check the IPV database.
35.California DHHS workers are required to check the IPV
database to determine eligibility [7 CFR 273.16(i)(2)(ii)] and
notify applicants prior to certification. [7 CFR 273.16(i)(4)(i)].
If the procedure had been followed then the Petitioner could
have known about the IPV soon enough to appeal timely in
Montana.
36.In 2015, Montana reversed the overpayment, because Tammy
Poppe, Administrative Reviewer, contacted Petitioner's
probation officer and confirmed that he was a Montana resident
for all of 2014. [Exhibit G.]
37.The MT Board of Appeals did not allow Petitioner to appeal the
IPV because it wasn't timely, ie., 14 days. However, the Board's
decision was illegal because Montana had no "circumstances in
which non-receipt constitutes good cause for failure to appear,"
as required by 7 CFR 273.16(e)(3)(ii). There was no way for
Petitioner to know what constituted good cause, because the
laws hadn't been written. Montana State law prohibits any
appeal for any reason after 45 days. [MT 37.5.331(7)]
38.The Montana district court did not review the case de novo, a
violation of 7 CFR 273.16(e)(8)(ii) and 7 CFR 273.16(j).
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
8
Petition for Writ of Mandate - C.C.P. §§ 1094.5, 1094.6
39.Petitioner re-alleges and incorporates by reference each
allegation set forth above.
40.Respondent's decision to uphold the underlying IPV is invalid
for the following reasons:
a. The findings of fact do not, as a matter of law, support
the determination that the IPV was valid, because the
IPV was inconsistent with Montana and California laws,
and because the IPV violated 7 CFR 273.2(f)(1)(vi), 7
CFR 273.2(f)(4)(i), 7 CFR 273.3(a), which lowers the
requirement of residency proof if applicants are
homeless;
The MT DHHS QAD violated the law by promulgating a
procedure, in opposition of the law which resulted in
unlawful IPV proceedings.
The hearing officer in Montana committed legal error in
2014, by using the wrong standard to determine that the
IPV was valid.
The MT DHHS did not provide Petitioner adequate due
process and/or a fair hearing.
41.The Petitioner is entitled to a writ of mandate under the Code of
Civil Procedure § 1094.5, commanding respondents to set aside
the hearing decision upholding the IPV.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
9
42.Respondent prejudicially abused it's discretion because the
underlying IPV is clearly erroneous: the evidence clearly
showed Petitioner as a Montana State resident between June
and October 2014. This is uncontroverted. Both the California
DHHS and the Montana DHHS and the California ALJ agree
with Petitioner's position that the underlying IPV should be
reversed.
43.An ALJ cannot reverse an IPV, but a Court of appropriate
jurisdiction is authorized. [7 CFR 273.16(e)(8)(ii)].
44.No plain, speedy, and adequate remedy exists, in the ordinary
course of law.
45.Petitioner is beneficially interested, but harmed beyond repair
due to the severity of subsequent IPV violations.
46.The agency’s decision was final; the decision resulted from a
proceeding in which by law a hearing was required; evidence
was required to be taken, and the decision maker had discretion
to determine the facts.
47.Petitioner was denied a fair trial to dispute the error of law, the
decisions were not supported by the findings and the findings
were unsupported by the evidence. Stay is in the public interest
because it will not harm SNAP if the Petitioner receives
benefits - but Petitioner will be harmed, because he needs
SNAP Benefits to survive.
48.Petitioner is likely to prevail on his petition for writ of mandate.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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WHEREFORE,
Petitioner respectfully requests that this Court:
Allow this late filing
Review the entire proceedings,
Stay the IPV against him,
Reverse punishment from Montana and California for
inadvertent office errors,
Allow the Petitioner to submit briefs and evidence,
Allow an oral argument,
Reverse the IPV against him,
Attorney's and filing fees and court costs, and,
10.Any such other relief which this Court deems proper.
DATED this 30th day of November, 2023.
_—
a SZ
ZZ
~ Jason Christ, Petitioner
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
-ll-
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF NAPA
I, Jason Christ, am a party to this action. I have read the foregoing
document, entitled Verified Petition for Writ of Mandamus, Stay
Requested and know it's contents. The matters stated in it are true of
my own knowledge, except for those stated on information and belief,
and as to those matters I believe them to be true. I declare under
penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this Verification was executed at
GRASS VALLE Y CACI FPRAIA
Dated ad AvG 33
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CHuwADRT.___=—=™
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Jason Christ
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ACKNOWLEDGEMENT
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
-12
ACKNOWLEDGMENT
A notary public or other officer completing this
| certificate verifies only the identity of the individual
who signed the document to which this certificate is |
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Neva )
On Dug 7 ; 2027 before me,
{insert name and title of the officer)—
personally appeared asap Hy Lhprs
) whose name(s) is/are
subscribed to the within instrume nt and mh
who proved to me on the basis of satisfac! toy @vidence to be the person(s
ac’ jowledged
by
to
his/ner/th
me
eir
that he/she/th
signature (s)
ey executed the same in
‘on the instrument the
his/her/their authorized capacity(ies), and that
upon behalf of which the person(s) acted, executed the instrument.
person(s), or the entity
I certify under PENALTY OF PERJURY under the vs ofO} f the State of California that the foregoing
paragraph is true and correct.
ra Te
WITNESS my hand and official seal Comm. # 24056
»
NOTARY PUBL: ‘CALFORNA
SacRAMENTO COUNTY
Un wy Cov, Exp, Mar 27,2 8 F
Signature (Seal)
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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Certificate of Compliance
I, Jason Christ, hereby certify that the foregoing document is filed
in compliance with 8.504 of the California Rules of Court. It contains
1,804 words and is 10 pages long.
DATED this 30th day of November, 2023.
4
Za BT
A/ “Jason Christ, Petitioner
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
-14-
Table of Authorities
Federal Statutes:
7 CFR 273.2(f(1)(vi)
7 CFR 273.2(£(2)(i)
7 CFR 273.2(£)(4)(i), (ii)
7 CFR 273.2(£)(5)(i)
7 CFR 273.2(£)(8)(i)(D)
7 CFR 273.3(a)
7 CFR 274.8(10)
7 CFR 273.12(d)
7 CFR 273.13(b)(3)
7 CFR 273.16(c)
7 CFR 273.16(e)(3)(ii)
7 CFR 273.16(e)(8)(ii)
7 CFR 273.16(j)
7 CFR 273.16(i)(2)(ii)
7 CFR 273.16(i)(4)(i)
SNAP Manual - snap103-5(10012010)
California Code of Civil Procedure §1094.5, §1094.6
California Welfare and Institutions §10962
Montana Statutes (2013):
37.5.331(7)
37.5.505(5)(c), (6)
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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TABLE OF EXHIBITS
Proof of Montana Residency Exhibit A
Travel Permit. Exhibit B
IPV Charging Documents. Exhibit C
Proof of no service Exhibit D
CalFresh IPV Letter... Exhibit E
Montana Reverses Overpayment. Exhibit F
June 24, 2022 ALJ Order. Exhibit G
September 2, 2022 Rehearing Denial Exhibit H
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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SE OF Sopp.
oy
State of Montana
Department of Corrections
Adult Probation & Parole
aa TRAVEL PERMIT
bd
Correctional Status: PROBATION Provisional
Issued Date: 03/04/2014 Temporary
NAME: CHRIST, JASON HY DOC ID#:3011934
Description DOB: 09/02/1974 Race: White Gender: MALE Height: 6 ft 2 in
Hair: Brown Eyes: Hazel Weight: 190
Name. and Address of Destination: BROTHER'S HO!
Phone:() 994 HILLTOP DRIVE #15
REDDING, CA 99202
Date Leaving: 03/04/2014 Date Returning: 04/01/2014
Accompanied
by: SELF Relationship:
Method
of Travel: Private Vehicle ‘Year/Make/Model/Color: —2003/Suburu Forester/Silver
License Number of Vehicle: ALT1311
Purpose
of Trip: Visit family
Reporting Instructions/Comments: Call or email Chris Helms at 406-542-7152 if dates or plans
change. Contact Chris when
you return from trip.
‘This offender is under supervision for the following offense(s):
Offense: Intimidation
06/25/2019
T have been given this permission with the ex, plicit understanding that I am
to continue to follow the rules and
regulations of my Parole/Probation/Furlough, / Intensive Supervision /Condition
al Release, and to travel only to the
location designated above. If i should be arrested upon a warrant or order from
trip, I have signed a waiver of extradition in Montana and will not resist being Montana during the period of this
returned to Montana.
J iproved By:
Offender Signature:
HELMS CHRIS
Missoula Probation and Parole
2415 Mullan Road
MISSOULA, MT 59808
Phone: (406)549-0022
—X
Second Amended Verified Petition for Writ of Mandamus, Stay Requested EXHIBIT A
-17-
NV OF Co, State of Montana
Ae 2 Cspartment of Corrections
Adult Probation & Parole
eis i TRAVEL PERMIT
Correctional Status;
NAME: CHRIST, JASON HY
Issued Date:
PROBATION
06/24/2014
DOC ID#:3011934
He Provisional
Temporary
Description DOB: 09/02/1974 Race: White Gender: MALE Height: 6 ft 2 in
Hair: Brown Eyes: Hazel Weight: 190
Name and Address of Destination: REDWOOD PARK
Phone: (406) 282-3157 REI PARK
ARCATA, CA
Date Leaving; 10/17/2014 Date Returning: 12/16/2014
Accompanied
by: SELF Relationship:
Method
of Travel: Private Vehicle Year/Make/Model/Color: 2003/ Suburu Forester/ Silver
License Number of Vehicle: ALT1311
Purpose
of Trip: temporary work
Reporting Instructions/Comments: Obey all Laws. Contact Chris Helms on December 16th for next apt.
‘This offender is under supervision for the following offensels);
Offense: Intimidation
ian oi
06/25/2019
T have been given this permission with the explicit understandit that I am to continue to follow the rules and
regulations of my Parole/Probation/Furlough/intensive Supervision/Conditional Release,
and to travel only to the
location designated above. If i should be arrested upon a warrant or order from Montana during the period of this
trip, I have signed a waiver of extradition in Montana and will not resist being returired to Montana.
4 Y?
a Approved By: *Cftender Signabire:
FELMS CHRIS
EXHIBIT 18; PG 88
Missoula Probation and Parole
2415 Mullan Road
MISSOULA, MT 59808
Phone: (406)549-0022
Second Amended Verified Petition for Writ of Mandamus, Stay Requested [expire | |
-18-
RECEIVER
JN 29 2015
FOULED
DEC @ 4 2014
cAIR HEARINGS DPHHS
OFFICE OF FAIR HEARINGS
BEFORE THE OFFICE OF FAIR HEARINGS
MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
In the Matter of the Supplemental Nutrition ) Case No. 15-0536
Assistance Program (SNAP) Administrative ) PROPOSED
Disqualification Hearing (ADH) of ) ADMINISTRATIVE
Jason Christ ) DISQUALIFICATION
) DECISION
Upon the petition of the Montana Department of Public Health and Human
Services’ (Department) Quality Assurance Division to disqualify Jason Christ from
receiving Supplemental Nutrition Assistance Program (SNAP) benefits due to an
Intentional Program Violation (IPV), a telephonic Administrative Disqualification
Hearing
(ADH) was held on December 4, 2014.
REPRESENTATION AND TESTIMONY
Martin Guhl, Program Integrity Investigator, represented the Department and
provided testimony on the Department's behalf. Notice of the hearing was sent by first
class mail to Jason Christ, advising him of the time, date, and place for the ADH as
required by 7 C.F.R. 273.16(e)(3). However, Jason Christ did not appear for the ADH.
Despite this failure to appear, the ADH proceeded as scheduled. Pursuant to 7 CFR.
273.16(e)(4), an ADH is allowed to proceed without the household member being present
if the household member or a representative cannot be located or fails without good cause
to appear at a hearing initiated by the Department.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested [exupirc | |
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IDENTIFYING INFORMATION
The Department alleges that Jason Christ committed an IPV of the SNAP
when he
intentionally misrepresented his place of residence to the Department. Consequently, the
Department has petitioned to disqualify Jason Christ from receiving SNAP benefits
for a
period of 10 years.
EVIDENTIARY RULINGS
The Department's exhibits through 6 were admitted into the record without
objection.
FINDINGS OF FACT
ql On June 12, 2014, Jason Christ electronically submitted a "SNAP, TANF,
and
Health Coverage Assistance Application" to the Department whereby he requeste
d SNAP
beucfits. On page | of this application, Jason Christ listed his physical address
as
"Homeless" in Missoula, Montana. On page 2 of this application, Jason Christ indicated
that he was a resident of Montana. On page 5 of this application, Jason Christ was notified
that an individual shall be ineligible to participate in SNAP for ten years if he/she
is found
to have made a fraudulent statement or representation with respect to identity and/or
residence in order to receive multiple benefits simultaneously. By submitting this
application electronically, Jason Christ certified that the statements he had made
on the
application were true and correct to the best of his knowledge. (Exhibit 4)
Pp After being approved for SNAP benefits by the Department, Jason Christ made
multiple purchases with his Montana Electronic Benefits Transfer (EBT) card in June
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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through October 2014. The vast majority of these purchases were in California; none
of
these purchases were in Montana. (Exhibit 5)
B No evidence was presented by the Department indicating that Jason Christ was also
receiving SNAP benefits from the State of California, or from any other state.
4 Jason Christ intentionally misrepresented his place of residency to the Departme
nt.
45 Jason Christ has not previously committed an IPV of the SNAP. (Exhibit 3)
CONCLUSIONS OF LAW
ql Section 53-2-901(1), MCA, authorizes the Department to administer the SNAP
(formerly known as the food stamp program) in compliance with all federal laws
and
requirements. The Department is additionally directed to adopt administrative rules
necessary and desirable for the administration of the SNAP by § 53-2-901(2), MCA.
Consequently, the Department has promulgated Admin. R. M. 37.76.101 , which states
that
the Department adopts and incorporates federal regulations 7 C.F.R. 271 through 275,
the
regulations of the U.S. Department of Agriculture’s Food and Nutrition Service (formerly
known as the Food and Consumer Service) that govern the SNAP. The Department has
also promulgated Supplemental Nutrition Assistance Program Policy SNAP 1505-1
pertaining to the definition and processing of IPVs.
2 Authority for state agencies to pursue IPVs is provided by 7 U.S.C. § 2015(b).
3 When there is sufficient documentary evidence to substantiate that an individual
has
intentionally made one or more acts of an IPV, 7 C.E.R. 273.16(a) requires the Departme
nt
to either schedule an ADH or refer the case to a court of appropriate jurisdiction.
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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4 As defined at 7 C.F.R, 273.16(c), an IPV shall consist of having intentionally:
1)
made a false or misleading statement, or misrepresented, concealed or withheld
facts; or 2)
comunitted any act that constitutes a violation of the Food Stamp Act, SNAP
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 (access device).
5 Federal regulation 7 C.F.R. 273.16(e)(6) requires the hearing authority to
base the
determination of whether or not an IPV has occurred on clear and convincing evidence
which demonstrates that the household. member(s) committed, and intended
to commit, an
IPV as defined in 7 C.F.R. 273.16(c). "Clear and convincing evidence" is an intermedi
ate
standard of proof which is "more than a mere preponderance but not beyond a
reasonable
doubt." In re L.L., 277 Mont. 284, 289, 922 P.2d 459, 462 (1996).
6 Federal regulation 7 C.F.R. 273.2(b) requires state agencies to warn applicants in
prominent and boldface lettering and understandable terms that: 1) the information
provided by the applicant will be subject to verification by federal, state, and local
officials
to determine if such information is factual; 2) if any information is incorrect, benefits
may
be denied to the applicant; and 3) the applicant may be subject to prosecution for
knowingly providing incorrect information.
q7 Federal regulation 7 C.F.R. 273.2(£)(5) places the primary responsibility on the
household for providing documentary evidence to support statements on the application
and to resolve any questionable information. The state agency must assist the
household in
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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obtaining this verification, provided the household is cooperating
with the agency as
defined by 7 CFR. 273.2(4)(1).
qs Federal regulation 7 C.F.R. 273.16(b) provides that individuals
found to have
committed an IPV either through an ADH or by a court of appropriate
jurisdiction, or who
have signed either a waiver of right to an ADH ot a disqualification consent agreeme
nt in
cases referred for prosecution shall be ineligible to participate in the
SNAP for 12 months
for the first violation and 24 months for the second violation, Individuals
found to have
committed an IPV shall be ineligible to participate in the SNAP for 10 years
if they have
misrepresented their place of residence or identity in order to obtain multiple
benefits
simultaneously. After two IPVs, the third IPV will result in permane
nt disqualification
from participation in the SNAP.
1 The Department has presented clear and convincing evidence demonst
rating that
Jason Christ intentionally made a false or misleading statement to the Departm
ent. Thus,
Jason Christ has committed an IPV within the meaning of 7 C.F.R. 273.16(c
). Although
Jason Christ misrepresented his place of residency, the Department
has not proven by clear
and convincing evidence that he did so in order to obtain multiple benefits.
ORDER
Because the Department has not proven that Jason Christ misrepresented
his
residency in order to obtain multiple benefits, the request to disqualify Jason Christ
from
the SNAP for 10 years is DENIED. However, as set forth in the above Findings of Fact
and Conclusions of Law above, the Department has correctly determi
ned that Jason Christ
committed an IPV. Because Jason Christ has not previously committed
an IPV of the
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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+
SNAP, Jason Christ is hereby DISQUALIFIED from the SNAP for 12 months with such
period to begin on January 1, 2015.
NOTICE: Ifa party disagrees with this Proposed Administrative Disqualification
Decision, then a request for review may be made by filing notice of appeal to the
Board of
Public Assistance, P.O. Box 202953, Helena, Montana 59620. The notice of appeal must
be received within fifteen (15) days of the mailing date of this decision as indicated below.
DATED this 4th day of December 2014
Matthew R. Herington
Administrative Law Judge
CERTIFICATE OF SERVICE
I certify that I have mailed a true and correct copy of the above PROPOSED
ADMINISTRATIVE DISQUALIFICATION DECISION by depositing same in the
U.S. Mail, postage prepaid, on the day of December 2014, at Helena, Montana, as
follows:
JASON CHRIST
799 HST
ARCATA CA 95521-6240
e-copy: Steve Kranich, Quality Assurance Division/DPHHS
kG 301
Trivia Welnel
2O
Legal Assistant
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
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GATERH EL
Jason Christ
CHIMES #738708 ADH Summary
On behalf of The Program Compliance Bureau and per 7 CFR 273.1; 273.2; 273.9; 273.10;
273.11; 273.12; 273.14; 273.16 a first offense 10 year Supplemental Nutrition Assistance
Program (SNAP) Intentional Program Violation (IPV) disqualification is being requested
for
Jason Christ. The offense occurred when Jason misrepresented his residency to the Missoula
Office of Public Assistance (OPA).
| would like to introduce the following exhibits and request they be entered into
the record.
1) Letter to Jason dated September 24, 2014
- This is the first contact with the household
regarding the possible program violation. This letter notifies the household the
investigation is complete and the case will be referred to an Administrative
Disqualification Hearing unless a response is received. A waiver form was mailed along
with this letter. The green certified letter card was never signed for.
2) Letter to Jason dated October 10, 2014 - This is the second attempted contact
with the
household regarding the possible program violation. This first class letter notifies the
household the investigation is complete and the case will be referred toan
Administrative Disqualification Hearing unless a response is received. A waiver
form was
mailed along with this letter. No mail has been returned by the Post Office
nor has Jason
made contact in regards to this letter.
3) DRS IPV Inquir
— This
y screen shows that Jason has no prior SNAP IPV’s,
4) SNAP Application Dated June 12, 2014 — Jason completed this electronic online
application to reapply for assistance on June 12, 2014. By electronically signing this
application Jason acknowledges he understood the penalty warnings. Page 5 of the
application states “1) it is unlawful for you to knowingly make false statements,
misrepresent facts, or conceal information to obtain benefits. 7) An individual
shall be
ineligible to participate in SNAP for ten years if he/she is found to have made a
fraudulent statement or representation with respect to identity or residence”. On the
front page of the application Jason listed that he is homeless in Missoula, MT.
5) SNAP EBT Transaction History — This printout shows all SNAP EBT transactions for Jason.
\t documents that Jason last used his SNAP EBT benefits in Montana on March 4, 2014.
It shows that on June 6, 2014 he attempted to use his SNAP card in Arcata, CA
but had
no benefits left on his card. He was approved for $113 in SNAP benefits on dune
17,
2014 and used his card on June 18, 2014 in Arcata, CA. Jason had not used his SNAP
EBT
card in the State of Montana since March 4, 2014 through the date this report was last
check on October 27, 2014.
6) Summary of Exhibits —
Closing -
EXHIBIT D
Second Amended Verified Petition for Writ of Mandamus, Stay Requested
-25-
County of Humboldt
STATE OF CALFORNA
Humboldt Department of Health and Human Services Social Services HEALTH AND HUMAN SERVICES AGENCY
929 KOSTER ST. ‘CALIFORMIA DEPARTUENT OF SOCIAL SERVICES
EUREKA, CA 95501 W
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Jason Christ, Pro Se PO Box 452 Napa, California 94559 (707) 287-5092 Petitioner SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF NAPA JASON CHRIST, CASE NO. 23CV001070 Petitioner Vv. SECOND AMENDED Kim Johnson, Director of CA DEPT VERIFIED PETITION FOR OF SOCIAL SERVICES; WRIT OF MANDAMUS (§1094.5), STAY REQUESTED Respondent; [Filed concurrently with (1) Notice of Petition for Discovery and Submission of Additional Evidence [CCP §1094.5(e)]; and (2) Notice to Respondent for Preparation of Administrative Record] Second Amended Verified Petition for Writ of Mandamus, Stay Requested 1 Table of Contents Petition for Writ of Mandamus Certificate of Compliance 12 Authorities 13 Exhibits. 14 THE PARTIES Petitioner hereby moves this Court for a Writ of Administrative Mandamus pursuant to Code of Civil Procedure §1094.5, directed to Respondent Kim Johnson, Director of CA DEPT OF SOCIAL SERVICES. Petitioner seeks judicial review of CDSS case number SHN- 104784778 and reversal of the underlying IPV, pursuant to CA WI §10962. All Exhibits are attached and incorporated by reference herein. LATE FILING Chris seeks this Court allow late filing of Petition, due to: In early 2023, Mr. Christ was injured and suffered three (3) broken ribs. The prescribed medication prevented his legal work as it affected his thinking. The final judgment letter was not sent until September 2, 2022. Covid 19 restrictions further reduced his prep time by at least 6 months. Second Amended Verified Petition for Writ of Mandamus, Stay Requested 2 FACTUAL AND_ PROCEDURAL BACKGROUND Petitioner received SNAP Benefits in 2014 as a Montana ("MT") homeless resident, serving an unrelated MT State felony probation sentence of 6 years. [Exhibit A.] He traveled to California with permission from his probation officer, was in a car wreck in Oregon, used his SNAP outside of Montana for several months. [Exhibit B.] 10.While traveling, Martin Guhl, MT DHHS Quality Assurance Division ("QAD"), sent him two (2) letters, with requirements in opposition of procedures established by Federal laws. They introduced an undocumented procedure requiring the him to verify his residency and travel plans to Mr. Guhl, who was not a SNAP benefits worker. The letters expressed concern that his SNAP benefits were used out of State and threatened a 10-year disqualification from SNAP and criminal charges. Both letters were returned to Mr. Guhl. Mr. Guhl never called or emailed the Petitioner. 11.Petitioner was convicted of an IPV in December, 2014, with a 1-year disqualification. [Exhibit C.] 12.Petitioner was traveling and unaware of Mr. Guhl's letters or the IPV proceedings. Evidence shows this was inadvertent office error. [Exhibit D.] Second Amended Verified Petition for Writ of Mandamus, Stay Requested 3 13.Because of inadvertent office errors, he first learned of the IPV in March 2015 from CalFresh. [Exhibit E.], and immediately appealed. 14.0n April 2, 2015, the Montana Fair Hearings Department reversed a judgment of $874. [Exhibit F.] 15.The Montana Fair Hearings Board of Appeals denied his request to reverse the IPV because he didn't appeal within 14 days of the December 2014 judgment, or by the hard deadline of 45 days set by Montana State law. 16.He appealed to Montana State District court who ultimately affirmed and remanded the Board's Order, but did not review de novo. 17. Petitioner was disqualified from SNAP benefits for 2015. 18.In 2020, Petitioner applied for, and received CalFresh in Napa County. 19.In 2021, Napa County sent Petitioner a Notice requesting he pay back $874 to Montana, and other fees. He timely appealed for a fair hearing. 20.After several hearings, a June 24, 2022 Final Fair Hearing Order was granted in part. [Exhibit G.] The Administrative Law Judge stated he was without authority to reverse the underlying IPV. Second Amended Verified Petition for Writ of Mandamus, Stay Requested 4 21.Petitioner's re-hearing request was denied by the Chief Administrative Law Judge on September 2, 2022. [Exhibit H]. 22.Petitioner has exhausted all administrative remedies. Violations of Due Process 23.An applicant may only be charged with an IPV, if the applicant: "(1) Made a false or misleading statement, or misrepresented, concealed or withheld facts; or (2) Committed any act that constitutes a violation of the 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 (access device)." - [7 CFR 273.16(c)] 24.MT DHHS had Petitioner's phone number and email, and knew Petitioner was homeless - as listed in the SNAP application. 25.Petitioner was on MT felony probation and not allowed to change residency to another State without following the Interstate Compact Agreement which governs Interstate probation. Petitioner intended on complying with MT State law and remaining a MT State resident. 26.Petitioner did not change residency, and was not required to report, and 7 CFR 273.12(d) prohibited Petitioner's liability. He Second Amended Verified Petition for Writ of Mandamus, Stay Requested 5 was not required to report any changes - because there were none. 27.In a SNAP application, residency may be considered questionable information, which requires a SNAP benefits worker to interview the applicant, in person or over the phone, and assisting the applicant with obtaining information from collateral contacts to clarify, if necessary. When an applicant is homeless, the normal residency requirements - such as utility bills, etc. - are not required. [7 CFR 273.2(f)(1)(vi), 7 CFR 273.2(£(2)(i); 7 CFR 273.2(f)(4)(i), 7 CFR 273.2(£)(4)(ii), 7 CFR 273.2 (£)(5)(i), 7 CFR 273.2 (£)(8)(i)(D)] [SNAP Manual - snap 103-5(10012010)] 28.The evidence shows that Petitioner did not violate the provisions of 7 CFR 273.16(c). He was a Montana resident, applying for SNAP, in Montana. Nothing indicated he had moved from the project area. He didn't apply for duplicate benefits, he didn't have unreported income, he didn't trade them for cash or weapons. 29.Federal Law prohibits restrictions on where SNAP benefits are used. Recipients are allowed to travel and eat food and SNAP redemption in every State is mandated. [7 CFR 273.3(a)][7 CFR 274.8(10)] 30.If the MT DHHS believed Petitioner had moved out of State, the law prohibited Notice from being sent. [7 CFR 273.13(b)(3)] However, MT DHHS stated they believed he had Second Amended Verified Petition for Writ of Mandamus, Stay Requested -6- moved out of State when he had reapplied for SNAP, but simultaneously attempted to serve him Notices. 31.The proper procedures should have been followed and any questionable information, was required to have been handled with a phone call from the MT SNAP benefits worker, not IPV proceedings based on out-of-State SNAP usage. [7 CFR 273.2(£)(1 (vi), 7 CFR 273.3(a)] 32.The procedure followed by the MT DHHS QAD was illegal, because it placed a mandatory reporting obligation on the Petitioner to contact a non-SNAP Benefits worker and provide evidence that he was homeless and traveling. No procedure exists for this and no law allows the State to require evidence from an applicant to a non-SNAP Benefits worker, and clearly in opposition to the State and Federal laws. This unwritten procedure promulgated by the MT DHHS is a violation of the 14th Amendment of the US Constitution. 33.Adequate service requires the charges to be sufficient that they can be specifically defended against. The IPV complaint from the DHHS does not contain a claim upon which relief may be granted. It does not indicate any behavior that is an Intentional Program Violation. The Notices never included any references to any regulations alleged to have been broken, in violation of Montana's Statute 37.5.505(5)(c). 34.California's CalFresh department also violated his right to due process in January, 2015, by not following mandated Second Amended Verified Petition for Writ of Mandamus, Stay Requested 7 procedures. Petitioner had applied for, and immediately received, SNAP benefits - but the CalFresh worker failed to check the IPV database. 35.California DHHS workers are required to check the IPV database to determine eligibility [7 CFR 273.16(i)(2)(ii)] and notify applicants prior to certification. [7 CFR 273.16(i)(4)(i)]. If the procedure had been followed then the Petitioner could have known about the IPV soon enough to appeal timely in Montana. 36.In 2015, Montana reversed the overpayment, because Tammy Poppe, Administrative Reviewer, contacted Petitioner's probation officer and confirmed that he was a Montana resident for all of 2014. [Exhibit G.] 37.The MT Board of Appeals did not allow Petitioner to appeal the IPV because it wasn't timely, ie., 14 days. However, the Board's decision was illegal because Montana had no "circumstances in which non-receipt constitutes good cause for failure to appear," as required by 7 CFR 273.16(e)(3)(ii). There was no way for Petitioner to know what constituted good cause, because the laws hadn't been written. Montana State law prohibits any appeal for any reason after 45 days. [MT 37.5.331(7)] 38.The Montana district court did not review the case de novo, a violation of 7 CFR 273.16(e)(8)(ii) and 7 CFR 273.16(j). Second Amended Verified Petition for Writ of Mandamus, Stay Requested 8 Petition for Writ of Mandate - C.C.P. §§ 1094.5, 1094.6 39.Petitioner re-alleges and incorporates by reference each allegation set forth above. 40.Respondent's decision to uphold the underlying IPV is invalid for the following reasons: a. The findings of fact do not, as a matter of law, support the determination that the IPV was valid, because the IPV was inconsistent with Montana and California laws, and because the IPV violated 7 CFR 273.2(f)(1)(vi), 7 CFR 273.2(f)(4)(i), 7 CFR 273.3(a), which lowers the requirement of residency proof if applicants are homeless; The MT DHHS QAD violated the law by promulgating a procedure, in opposition of the law which resulted in unlawful IPV proceedings. The hearing officer in Montana committed legal error in 2014, by using the wrong standard to determine that the IPV was valid. The MT DHHS did not provide Petitioner adequate due process and/or a fair hearing. 41.The Petitioner is entitled to a writ of mandate under the Code of Civil Procedure § 1094.5, commanding respondents to set aside the hearing decision upholding the IPV. Second Amended Verified Petition for Writ of Mandamus, Stay Requested 9 42.Respondent prejudicially abused it's discretion because the underlying IPV is clearly erroneous: the evidence clearly showed Petitioner as a Montana State resident between June and October 2014. This is uncontroverted. Both the California DHHS and the Montana DHHS and the California ALJ agree with Petitioner's position that the underlying IPV should be reversed. 43.An ALJ cannot reverse an IPV, but a Court of appropriate jurisdiction is authorized. [7 CFR 273.16(e)(8)(ii)]. 44.No plain, speedy, and adequate remedy exists, in the ordinary course of law. 45.Petitioner is beneficially interested, but harmed beyond repair due to the severity of subsequent IPV violations. 46.The agency’s decision was final; the decision resulted from a proceeding in which by law a hearing was required; evidence was required to be taken, and the decision maker had discretion to determine the facts. 47.Petitioner was denied a fair trial to dispute the error of law, the decisions were not supported by the findings and the findings were unsupported by the evidence. Stay is in the public interest because it will not harm SNAP if the Petitioner receives benefits - but Petitioner will be harmed, because he needs SNAP Benefits to survive. 48.Petitioner is likely to prevail on his petition for writ of mandate. Second Amended Verified Petition for Writ of Mandamus, Stay Requested -10- WHEREFORE, Petitioner respectfully requests that this Court: Allow this late filing Review the entire proceedings, Stay the IPV against him, Reverse punishment from Montana and California for inadvertent office errors, Allow the Petitioner to submit briefs and evidence, Allow an oral argument, Reverse the IPV against him, Attorney's and filing fees and court costs, and, 10.Any such other relief which this Court deems proper. DATED this 30th day of November, 2023. _— a SZ ZZ ~ Jason Christ, Petitioner Second Amended Verified Petition for Writ of Mandamus, Stay Requested -ll- VERIFICATION STATE OF CALIFORNIA, COUNTY OF NAPA I, Jason Christ, am a party to this action. I have read the foregoing document, entitled Verified Petition for Writ of Mandamus, Stay Requested and know it's contents. The matters stated in it are true of my own knowledge, except for those stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed at GRASS VALLE Y CACI FPRAIA Dated ad AvG 33 3 CHuwADRT.___=—=™ oe Jason Christ W235 Bay 25% 2 ao a ACKNOWLEDGEMENT Second Amended Verified Petition for Writ of Mandamus, Stay Requested -12 ACKNOWLEDGMENT A notary public or other officer completing this | certificate verifies only the identity of the individual who signed the document to which this certificate is | attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Neva ) On Dug 7 ; 2027 before me, {insert name and title of the officer)— personally appeared asap Hy Lhprs ) whose name(s) is/are subscribed to the within instrume nt and mh who proved to me on the basis of satisfac! toy @vidence to be the person(s ac’ jowledged by to his/ner/th me eir that he/she/th signature (s) ey executed the same in ‘on the instrument the his/her/their authorized capacity(ies), and that upon behalf of which the person(s) acted, executed the instrument. person(s), or the entity I certify under PENALTY OF PERJURY under the vs ofO} f the State of California that the foregoing paragraph is true and correct. ra Te WITNESS my hand and official seal Comm. # 24056 » NOTARY PUBL: ‘CALFORNA SacRAMENTO COUNTY Un wy Cov, Exp, Mar 27,2 8 F Signature (Seal) Second Amended Verified Petition for Writ of Mandamus, Stay Requested -13- Certificate of Compliance I, Jason Christ, hereby certify that the foregoing document is filed in compliance with 8.504 of the California Rules of Court. It contains 1,804 words and is 10 pages long. DATED this 30th day of November, 2023. 4 Za BT A/ “Jason Christ, Petitioner Second Amended Verified Petition for Writ of Mandamus, Stay Requested -14- Table of Authorities Federal Statutes: 7 CFR 273.2(f(1)(vi) 7 CFR 273.2(£(2)(i) 7 CFR 273.2(£)(4)(i), (ii) 7 CFR 273.2(£)(5)(i) 7 CFR 273.2(£)(8)(i)(D) 7 CFR 273.3(a) 7 CFR 274.8(10) 7 CFR 273.12(d) 7 CFR 273.13(b)(3) 7 CFR 273.16(c) 7 CFR 273.16(e)(3)(ii) 7 CFR 273.16(e)(8)(ii) 7 CFR 273.16(j) 7 CFR 273.16(i)(2)(ii) 7 CFR 273.16(i)(4)(i) SNAP Manual - snap103-5(10012010) California Code of Civil Procedure §1094.5, §1094.6 California Welfare and Institutions §10962 Montana Statutes (2013): 37.5.331(7) 37.5.505(5)(c), (6) Second Amended Verified Petition for Writ of Mandamus, Stay Requested -15- TABLE OF EXHIBITS Proof of Montana Residency Exhibit A Travel Permit. Exhibit B IPV Charging Documents. Exhibit C Proof of no service Exhibit D CalFresh IPV Letter... Exhibit E Montana Reverses Overpayment. Exhibit F June 24, 2022 ALJ Order. Exhibit G September 2, 2022 Rehearing Denial Exhibit H Second Amended Verified Petition for Writ of Mandamus, Stay Requested -16- SE OF Sopp. oy State of Montana Department of Corrections Adult Probation & Parole aa TRAVEL PERMIT bd Correctional Status: PROBATION Provisional Issued Date: 03/04/2014 Temporary NAME: CHRIST, JASON HY DOC ID#:3011934 Description DOB: 09/02/1974 Race: White Gender: MALE Height: 6 ft 2 in Hair: Brown Eyes: Hazel Weight: 190 Name. and Address of Destination: BROTHER'S HO! Phone:() 994 HILLTOP DRIVE #15 REDDING, CA 99202 Date Leaving: 03/04/2014 Date Returning: 04/01/2014 Accompanied by: SELF Relationship: Method of Travel: Private Vehicle ‘Year/Make/Model/Color: —2003/Suburu Forester/Silver License Number of Vehicle: ALT1311 Purpose of Trip: Visit family Reporting Instructions/Comments: Call or email Chris Helms at 406-542-7152 if dates or plans change. Contact Chris when you return from trip. ‘This offender is under supervision for the following offense(s): Offense: Intimidation 06/25/2019 T have been given this permission with the ex, plicit understanding that I am to continue to follow the rules and regulations of my Parole/Probation/Furlough, / Intensive Supervision /Condition al Release, and to travel only to the location designated above. If i should be arrested upon a warrant or order from trip, I have signed a waiver of extradition in Montana and will not resist being Montana during the period of this returned to Montana. J iproved By: Offender Signature: HELMS CHRIS Missoula Probation and Parole 2415 Mullan Road MISSOULA, MT 59808 Phone: (406)549-0022 —X Second Amended Verified Petition for Writ of Mandamus, Stay Requested EXHIBIT A -17- NV OF Co, State of Montana Ae 2 Cspartment of Corrections Adult Probation & Parole eis i TRAVEL PERMIT Correctional Status; NAME: CHRIST, JASON HY Issued Date: PROBATION 06/24/2014 DOC ID#:3011934 He Provisional Temporary Description DOB: 09/02/1974 Race: White Gender: MALE Height: 6 ft 2 in Hair: Brown Eyes: Hazel Weight: 190 Name and Address of Destination: REDWOOD PARK Phone: (406) 282-3157 REI PARK ARCATA, CA Date Leaving; 10/17/2014 Date Returning: 12/16/2014 Accompanied by: SELF Relationship: Method of Travel: Private Vehicle Year/Make/Model/Color: 2003/ Suburu Forester/ Silver License Number of Vehicle: ALT1311 Purpose of Trip: temporary work Reporting Instructions/Comments: Obey all Laws. Contact Chris Helms on December 16th for next apt. ‘This offender is under supervision for the following offensels); Offense: Intimidation ian oi 06/25/2019 T have been given this permission with the explicit understandit that I am to continue to follow the rules and regulations of my Parole/Probation/Furlough/intensive Supervision/Conditional Release, and to travel only to the location designated above. If i should be arrested upon a warrant or order from Montana during the period of this trip, I have signed a waiver of extradition in Montana and will not resist being returired to Montana. 4 Y? a Approved By: *Cftender Signabire: FELMS CHRIS EXHIBIT 18; PG 88 Missoula Probation and Parole 2415 Mullan Road MISSOULA, MT 59808 Phone: (406)549-0022 Second Amended Verified Petition for Writ of Mandamus, Stay Requested [expire | | -18- RECEIVER JN 29 2015 FOULED DEC @ 4 2014 cAIR HEARINGS DPHHS OFFICE OF FAIR HEARINGS BEFORE THE OFFICE OF FAIR HEARINGS MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES In the Matter of the Supplemental Nutrition ) Case No. 15-0536 Assistance Program (SNAP) Administrative ) PROPOSED Disqualification Hearing (ADH) of ) ADMINISTRATIVE Jason Christ ) DISQUALIFICATION ) DECISION Upon the petition of the Montana Department of Public Health and Human Services’ (Department) Quality Assurance Division to disqualify Jason Christ from receiving Supplemental Nutrition Assistance Program (SNAP) benefits due to an Intentional Program Violation (IPV), a telephonic Administrative Disqualification Hearing (ADH) was held on December 4, 2014. REPRESENTATION AND TESTIMONY Martin Guhl, Program Integrity Investigator, represented the Department and provided testimony on the Department's behalf. Notice of the hearing was sent by first class mail to Jason Christ, advising him of the time, date, and place for the ADH as required by 7 C.F.R. 273.16(e)(3). However, Jason Christ did not appear for the ADH. Despite this failure to appear, the ADH proceeded as scheduled. Pursuant to 7 CFR. 273.16(e)(4), an ADH is allowed to proceed without the household member being present if the household member or a representative cannot be located or fails without good cause to appear at a hearing initiated by the Department. Second Amended Verified Petition for Writ of Mandamus, Stay Requested [exupirc | | -19- IDENTIFYING INFORMATION The Department alleges that Jason Christ committed an IPV of the SNAP when he intentionally misrepresented his place of residence to the Department. Consequently, the Department has petitioned to disqualify Jason Christ from receiving SNAP benefits for a period of 10 years. EVIDENTIARY RULINGS The Department's exhibits through 6 were admitted into the record without objection. FINDINGS OF FACT ql On June 12, 2014, Jason Christ electronically submitted a "SNAP, TANF, and Health Coverage Assistance Application" to the Department whereby he requeste d SNAP beucfits. On page | of this application, Jason Christ listed his physical address as "Homeless" in Missoula, Montana. On page 2 of this application, Jason Christ indicated that he was a resident of Montana. On page 5 of this application, Jason Christ was notified that an individual shall be ineligible to participate in SNAP for ten years if he/she is found to have made a fraudulent statement or representation with respect to identity and/or residence in order to receive multiple benefits simultaneously. By submitting this application electronically, Jason Christ certified that the statements he had made on the application were true and correct to the best of his knowledge. (Exhibit 4) Pp After being approved for SNAP benefits by the Department, Jason Christ made multiple purchases with his Montana Electronic Benefits Transfer (EBT) card in June Second Amended Verified Petition for Writ of Mandamus, Stay Requested -20- through October 2014. The vast majority of these purchases were in California; none of these purchases were in Montana. (Exhibit 5) B No evidence was presented by the Department indicating that Jason Christ was also receiving SNAP benefits from the State of California, or from any other state. 4 Jason Christ intentionally misrepresented his place of residency to the Departme nt. 45 Jason Christ has not previously committed an IPV of the SNAP. (Exhibit 3) CONCLUSIONS OF LAW ql Section 53-2-901(1), MCA, authorizes the Department to administer the SNAP (formerly known as the food stamp program) in compliance with all federal laws and requirements. The Department is additionally directed to adopt administrative rules necessary and desirable for the administration of the SNAP by § 53-2-901(2), MCA. Consequently, the Department has promulgated Admin. R. M. 37.76.101 , which states that the Department adopts and incorporates federal regulations 7 C.F.R. 271 through 275, the regulations of the U.S. Department of Agriculture’s Food and Nutrition Service (formerly known as the Food and Consumer Service) that govern the SNAP. The Department has also promulgated Supplemental Nutrition Assistance Program Policy SNAP 1505-1 pertaining to the definition and processing of IPVs. 2 Authority for state agencies to pursue IPVs is provided by 7 U.S.C. § 2015(b). 3 When there is sufficient documentary evidence to substantiate that an individual has intentionally made one or more acts of an IPV, 7 C.E.R. 273.16(a) requires the Departme nt to either schedule an ADH or refer the case to a court of appropriate jurisdiction. Second Amended Verified Petition for Writ of Mandamus, Stay Requested -21- 4 As defined at 7 C.F.R, 273.16(c), an IPV shall consist of having intentionally: 1) made a false or misleading statement, or misrepresented, concealed or withheld facts; or 2) comunitted any act that constitutes a violation of the Food Stamp Act, SNAP 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 (access device). 5 Federal regulation 7 C.F.R. 273.16(e)(6) requires the hearing authority to base the determination of whether or not an IPV has occurred on clear and convincing evidence which demonstrates that the household. member(s) committed, and intended to commit, an IPV as defined in 7 C.F.R. 273.16(c). "Clear and convincing evidence" is an intermedi ate standard of proof which is "more than a mere preponderance but not beyond a reasonable doubt." In re L.L., 277 Mont. 284, 289, 922 P.2d 459, 462 (1996). 6 Federal regulation 7 C.F.R. 273.2(b) requires state agencies to warn applicants in prominent and boldface lettering and understandable terms that: 1) the information provided by the applicant will be subject to verification by federal, state, and local officials to determine if such information is factual; 2) if any information is incorrect, benefits may be denied to the applicant; and 3) the applicant may be subject to prosecution for knowingly providing incorrect information. q7 Federal regulation 7 C.F.R. 273.2(£)(5) places the primary responsibility on the household for providing documentary evidence to support statements on the application and to resolve any questionable information. The state agency must assist the household in Second Amended Verified Petition for Writ of Mandamus, Stay Requested -22- obtaining this verification, provided the household is cooperating with the agency as defined by 7 CFR. 273.2(4)(1). qs Federal regulation 7 C.F.R. 273.16(b) provides that individuals found to have committed an IPV either through an ADH or by a court of appropriate jurisdiction, or who have signed either a waiver of right to an ADH ot a disqualification consent agreeme nt in cases referred for prosecution shall be ineligible to participate in the SNAP for 12 months for the first violation and 24 months for the second violation, Individuals found to have committed an IPV shall be ineligible to participate in the SNAP for 10 years if they have misrepresented their place of residence or identity in order to obtain multiple benefits simultaneously. After two IPVs, the third IPV will result in permane nt disqualification from participation in the SNAP. 1 The Department has presented clear and convincing evidence demonst rating that Jason Christ intentionally made a false or misleading statement to the Departm ent. Thus, Jason Christ has committed an IPV within the meaning of 7 C.F.R. 273.16(c ). Although Jason Christ misrepresented his place of residency, the Department has not proven by clear and convincing evidence that he did so in order to obtain multiple benefits. ORDER Because the Department has not proven that Jason Christ misrepresented his residency in order to obtain multiple benefits, the request to disqualify Jason Christ from the SNAP for 10 years is DENIED. However, as set forth in the above Findings of Fact and Conclusions of Law above, the Department has correctly determi ned that Jason Christ committed an IPV. Because Jason Christ has not previously committed an IPV of the Second Amended Verified Petition for Writ of Mandamus, Stay Requested -23- + SNAP, Jason Christ is hereby DISQUALIFIED from the SNAP for 12 months with such period to begin on January 1, 2015. NOTICE: Ifa party disagrees with this Proposed Administrative Disqualification Decision, then a request for review may be made by filing notice of appeal to the Board of Public Assistance, P.O. Box 202953, Helena, Montana 59620. The notice of appeal must be received within fifteen (15) days of the mailing date of this decision as indicated below. DATED this 4th day of December 2014 Matthew R. Herington Administrative Law Judge CERTIFICATE OF SERVICE I certify that I have mailed a true and correct copy of the above PROPOSED ADMINISTRATIVE DISQUALIFICATION DECISION by depositing same in the U.S. Mail, postage prepaid, on the day of December 2014, at Helena, Montana, as follows: JASON CHRIST 799 HST ARCATA CA 95521-6240 e-copy: Steve Kranich, Quality Assurance Division/DPHHS kG 301 Trivia Welnel 2O Legal Assistant Second Amended Verified Petition for Writ of Mandamus, Stay Requested -24- GATERH EL Jason Christ CHIMES #738708 ADH Summary On behalf of The Program Compliance Bureau and per 7 CFR 273.1; 273.2; 273.9; 273.10; 273.11; 273.12; 273.14; 273.16 a first offense 10 year Supplemental Nutrition Assistance Program (SNAP) Intentional Program Violation (IPV) disqualification is being requested for Jason Christ. The offense occurred when Jason misrepresented his residency to the Missoula Office of Public Assistance (OPA). | would like to introduce the following exhibits and request they be entered into the record. 1) Letter to Jason dated September 24, 2014 - This is the first contact with the household regarding the possible program violation. This letter notifies the household the investigation is complete and the case will be referred to an Administrative Disqualification Hearing unless a response is received. A waiver form was mailed along with this letter. The green certified letter card was never signed for. 2) Letter to Jason dated October 10, 2014 - This is the second attempted contact with the household regarding the possible program violation. This first class letter notifies the household the investigation is complete and the case will be referred toan Administrative Disqualification Hearing unless a response is received. A waiver form was mailed along with this letter. No mail has been returned by the Post Office nor has Jason made contact in regards to this letter. 3) DRS IPV Inquir — This y screen shows that Jason has no prior SNAP IPV’s, 4) SNAP Application Dated June 12, 2014 — Jason completed this electronic online application to reapply for assistance on June 12, 2014. By electronically signing this application Jason acknowledges he understood the penalty warnings. Page 5 of the application states “1) it is unlawful for you to knowingly make false statements, misrepresent facts, or conceal information to obtain benefits. 7) An individual shall be ineligible to participate in SNAP for ten years if he/she is found to have made a fraudulent statement or representation with respect to identity or residence”. On the front page of the application Jason listed that he is homeless in Missoula, MT. 5) SNAP EBT Transaction History — This printout shows all SNAP EBT transactions for Jason. \t documents that Jason last used his SNAP EBT benefits in Montana on March 4, 2014. It shows that on June 6, 2014 he attempted to use his SNAP card in Arcata, CA but had no benefits left on his card. He was approved for $113 in SNAP benefits on dune 17, 2014 and used his card on June 18, 2014 in Arcata, CA. Jason had not used his SNAP EBT card in the State of Montana since March 4, 2014 through the date this report was last check on October 27, 2014. 6) Summary of Exhibits — Closing - EXHIBIT D Second Amended Verified Petition for Writ of Mandamus, Stay Requested -25- County of Humboldt STATE OF CALFORNA Humboldt Department of Health and Human Services Social Services HEALTH AND HUMAN SERVICES AGENCY 929 KOSTER ST. ‘CALIFORMIA DEPARTUENT OF SOCIAL SERVICES EUREKA, CA 95501 W