Library: Policy

340:50-1-9. Rights and responsibilities

Revised 9-15-17

(a) An applicant or recipient for the Supplemental Nutrition Assistance Program (SNAP) has the right to:

(1) make application on the same day he or she initially contacts the Oklahoma Department of Human Services (DHS) in person, by phone, by mail, or through okdhslive.org;

(2) designate an authorized representative;

(3) be provided information about SNAP;

(4) a face-to-face interview when requested;

(5) have access to free interpreter services when the applicant or recipient is limited English proficient and alternative means of communication for persons with disabilities; • 1

(6) a prompt decision in writing on his or her application and, when eligible, to receive food benefits within 30-calendar days following application;

(7) retroactive or lost benefits when the application is incorrectly delayed, denied, or closed;

(8) the correct amount of food benefits based upon current budgetary standards;

(9) equal treatment.The applicant has the right to be treated the same as all other food benefit recipients.On the basis of race, color, religious creed, national origin, political beliefs, age, sex, or disability, a person applying for SNAP is not:

(A) excluded from participation;

(B) denied benefits; or

(C) subjected to discrimination; • 2

(10) a fair hearing when dissatisfied with any DHS decision or lack of action in regard to his or her food benefit application.The applicant or recipient also has the right to examine his or her case record and all files and documents to be used at a fair hearing; • 3

(11) withdraw his or her application at any time prior to the eligibility determination.After eligibility is determined, the applicant or recipient has the right to request closure of his or her food benefits; and

(12) examine the case record upon written request from a responsible member of the household or its authorized representative.DHS may withhold confidential information per Oklahoma Administrative Code (OAC) 340:50-1-6.

(b) The applicant or recipient has the responsibility to:

(1) submit an application containing a legible name, address, and signature when he or she wants to participate in SNAP;

(2) participate in an interview per OAC 340:50-3-2;

(3) supply information essential to a SNAP eligibility determination;

(4) be accountable for all information given by the authorized representative that includes any overissuance of benefits resulting from erroneous information given by an authorized representative;

(5) report certain changes.The applicant has the responsibility to report all changes that occur between the application date and the certification interview.The recipient has the responsibility to report changes in circumstances per OAC 340:50-9-5;

(6) register for work, unless otherwise exempt, at the time of the initial application and at each certification renewal per OAC 340:50-5-85 and 340:50-5-86; and

(7) provide a Social Security number (SSN) for each household member that wants to participate in SNAP per OAC 340:50-5-68.

(c) DHS has the responsibility to:

(1) accept an identifiable application when submitted.An identifiable application is an application containing a legible name, address, and a signature;

(2) inform the applicant or recipient of his or her rights and responsibilities;

(3) take prompt action on all applications by approving or denying the application within 30-calendar days from the date the application is submitted;

(4) take prompt action on all changes to determine if the change affects the household's eligibility or entitlement;

(5) notify the recipient when mid-certification and certification renewals are due per the time frames specified in OAC 340:50-9-5 and 340:50-9-6;

(6) renew eligible households timely so there is not a break in the benefits the recipient is eligible to receive;

(7) restore lost benefits when the food benefits were incorrectly denied, delayed, or closed;

(8) give adequate and/or timely notice of action when appropriate; and

(9) provide services.The local county office ensures that operating hours meet the needs of recipients or applicants who work.Each office is annually reviewed to ensure such needs are met.The results of these reviews are retained by Adult and Family Services SNAP staff for review by Food and Nutrition Services.

INSTRUCTIONS TO STAFF 340:50-1-9

1. (a) When the applicant or recipient is limited English proficient and needs an interpreter, Adult and Family Services staff utilizes Language Line Services and when available, staff who are proficient in the applicant or recipient's primary language. Refer to Oklahoma Administrative Code (OAC) 340:1-11-10 for Oklahoma Department of Human Services interpreter services rules.

(b) Persons with disabilities who require alternative means of communication for program information are advised to contact the USDA's TARGET Center at (202) 720-2600 for voice and telecommunications device for the deaf or TDD.

2. In order to maintain a high level of confidentiality and to protect against possible retaliation, no documents concerning a discrimination complaint are filed in the case record. The worker documents the date and type of contact in Family Assistance/Client Services (FACS) case notes and documents the applicant or recipient contacted staff regarding concerns. The case note must not make reference to "Civil Rights" or "complaint".

3. (a) When an applicant or recipient expresses appreciation or has a program complaint, the worker and/or supervisor complete the Client Compliment-Complaint Feedback Survey regarding the contact and resolution. The Client Compliment-Complaint Feedback Survey is hyperlinked under Management Tools on the main Adult and Family Services Job Functions web page.

(b) All forms and documents related to a program-related fair hearing request are kept in the case record.