COMMENT DUE DATE:
March 4, 2008
DATE:
February 13, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-01
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 11 Special Procedures
Part 9. Disaster Procedures and Reporting Requirements
OAC 340:50-11-87 [REVOKED]
SUMMARY: The proposed revision to Subchapter 11 of Chapter 50 is to remove obsolete rules regarding eligibility for emergency food assistance in disasters not declared by Food and Nutrition Service (FNS) due to personal hardship.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 280.1 of Title 7 of the Code of Federal Regulations (CFR).
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:January 4, 2008
Re:CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 11 Special Procedures
Part 9. Disaster Procedures and Reporting Requirements
OAC 340:50-11-87 [REVOKED]
(Reference APA WF 08-01)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revision is to remove obsolete policy regarding eligibility for emergency food assistance in disasters not declared by Food and Nutrition Service (FNS) due to personal hardship.
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:50-11-87 is revoked as eligibility for emergency food assistance in disasters not declared by FNS due to personal hardship is no longer in the Federal Regulations.
Reasons.To provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need.
Repercussions. The proposed rules will make policy easier to understand for both human services center (HSC) staff and the public.If the proposed revisions are not implemented, there will be no negative impact.
Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 280.1 of Title 7 of the Code of Federal Regulations (CFR).
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are Food Stamp households and OKDHS staff. The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are Food Stamps households and OKDHS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revoked rules do not have an economic impact on the affected entities. There are no fee changes associated with the proposed rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The proposed rules will result in enhanced delivery of services to Food Stamp households.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules reduces the risks to the public health, safety, and well-being of Food Stamp households by facilitating the delivery of benefits and services to individuals who are in need.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, there will be no detrimental effect on the public health, safety, and environment.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared January 4, 2008. Modified.
SUBCHAPTER 11. SPECIAL PROCEDURES
PART 9. DISASTER PROCEDURES AND REPORTING REQUIREMENTS
340:50-11-87.Emergency food assistance in disasters not declared by FNS - "Personal Hardship" [REVOKED]
Households affected by natural or other disasters not determined by FNS who are in need of food stamp assistance may be determined eligible for temporary periods, usually for a 30-day period.