340:10-1-3. General provisions
(a) Right to apply. A person has the right to:
(1) apply for Temporary Assistance for Needy Families (TANF);
(2) expect an eligibility investigation; and
(3) receive a prompt decision regarding his or her application.
(b) Appeal rights. Persons who apply for, or receive, TANF cash assistance have the right to appeal any action taken that was related to receipt of TANF benefits. An applicant may also appeal a delay in processing an application timely, per Oklahoma Administrative Code (OAC) 340:65-3-5. Refer to OAC 340:2-5 for fair hearing procedures. ¢ 1
(c) Safeguarding information. Federal and state laws and Oklahoma Human Services (OKDHS) rules restrict the use or disclosure of information concerning TANF applicants or recipients to purposes directly connected with TANF program administration. Refer to OAC 340:65-3-2 rules regarding safeguarding case information and information that may be disclosed.
(d) Assistance under only one program. An eligible person must only be included in one cash assistance program; the State Supplemental Payment (SSP) or TANF.
(e) Standards for determining eligibility and amount of payment. To promote uniformity and accuracy in determining eligibility, refer to rules included in this Chapter and OAC 340:65. OKDHS uses a flat grant, per OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX, to meet families' basic needs for food, clothing, medications, personal items, shelter, utilities, and household equipment.
(f) 60-calendar month time limit. Effective October 1, 1996, TANF cash assistance receipt is restricted to a lifetime limit of 60-calendar months, whether consecutive or not. The time limit may be extended when Adult and Family Services TANF Unit staff approves a hardship extension, per OAC 340:10-3-56(a)(2)(E).
(g) Civil rights. The TANF program is administered, per the provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1975, as amended; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990; and Title IX of the Education Amendments of 1972, as amended.
(h) Electronic benefit transfer (EBT) restrictions. States are required to maintain policies and practices as necessary to prevent TANF cash assistance from being used in any EBT transaction in certain prohibited businesses, per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)). 56 O.S. § 241.4 also restricts the use of EBT transactions in these businesses and adds one additional prohibited business.
(1) Prohibited businesses include any:
(A) liquor store. The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor. The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods, per 7 U.S.C. § 2012;
(B) casino, gambling casino, or gaming establishment except for:
(i) a grocery store that sells groceries, including staple foods, per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or
(ii) any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;
(C) retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or
(D) retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products. This type of retail establishment is prohibited, per 56 O.S. § 241.4, but not by federal law.
(2) EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service.
(3) OKDHS informs applicants and recipients of this prohibition by including information about the prohibition in:
(A) Form 08MP003E, Rights, Responsibilities, and Signature for Benefits, of the application;
(B) posters displayed in county office lobbies;
(C) the certification notice; and
(D) a sign sent to identified prohibited businesses to educate staff and customers that the OKDHS-issued debit card is not accepted at their businesses.
(4) Refer to OAC 340:10-3-57(h) for recipient benefit reduction penalties when OKDHS determines a recipient used his or her debit card in a prohibited business.
(5) Refer to OAC 340:65-3-6 for debit card and direct deposit procedures, including information about accessing benefits, free services, and fees.
(i) TANF State Plan. The TANF State Plan is a separate document completed and submitted to the Administration for Children and Families every two years.
1. In regard to fair hearings, refer to:
(1) Oklahoma Administrative Code (OAC) 340:65-3-5 for application processing time limits and delayed application rules;
(2) OAC 340:65-3-7 for denial of application rules;
(3) OAC 340:65-5-1 for closure and case change rules; and
(4) OAC 340:65-9 for overpayment rules.