COMMENT DUE DATE:
February 16, 2012
DATE:
January 11, 2012
Laura Brown FSSD (405) 521-4396
Dena Thayer OIRP Programs Administrator (405) 521-4326
Pat McCracken OIRP (405) 522-1017
RE:
APA WF 11-13
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:10-2-4 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:10-2-6 [INSTRUCTIONS TO STAFF REVISED]
Subchapter 3. Conditions of Eligibility – Need
OAC 340:10-3-5 [AMENDED]
OAC 340:10-3-28 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:10-3-31 through 340:10-3-32 [AMENDED]
OAC 340:10-3-40 [AMENDED]
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Subchapter 20. Diversion Assistance [REVOKED]
OAC 340:10-20-1 [REVOKED]
(Reference APA WF 11-13)
SUMMARY: 340:10-2-1 Instructions to staff revised to clarify: (1) days approved for holidays; and (2) add policy cites for good cause, job search, and job readiness.
340:10-2-4 Instructions to staff revised to: (1) remove outdated information; (2) require approval from the Temporary Assistance for Needy Families (TANF) staff for Subsidized Employment Program contracts; and (3) add clarifying language.
340:10-2-5 Instructions to staff revised to state that orientation is not an appropriate TANF Work activity when the participant completed orientation within the last 12 months.
340:10-3-5 is revised to clarify consideration of income tax refunds, payments to volunteers; and (3) child support collected from a child support tax intercept as resources.
340:10-3-28 Instructions to staff revised to update policy cites.
340:10-3-31 is revised to add: (1) the definition of a self-employed person; and (2) a policy cite.
340:10-3-32 is revised to add clarifying language regarding self-employment income calculations.
340:10-3-40 is revised to clarify consideration of income tax refunds, payments to volunteers, and past due child support judgments or arrearage payments made for a childno longer age eligible for TANF.
340:10-3-56 is revised to clarify who may not be included in the TANF benefit.
340:10-3-57 is revised to: (1) remove inaccurate language; and (2) update policy cites.
340:10-20-1 is revoked as the Diversion Assistance program is no longer funded.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; Sections 261.2, 261.10, and 261.30, of Title 45 of the Code of Federal Regulations (CFR); and Section 5044(f) of Title 42 of the United State Code (U.S.C.).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Mary Stalnaker, Director
Family Support Services Division
Date:January 11, 2012
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3. Conditions of Eligibility – Need
OAC 340:10-3-5 [AMENDED]
OAC 340:10-3-31 through 340:10-3-32 [AMENDED]
OAC 340:10-3-40 [AMENDED]
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Subchapter 20. Diversion Assistance [REVOKED]
OAC 340:10-20-1 [REVOKED]
(Reference APA WF 11-13)
Contact:Laura Brown, 521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 3 of Chapter 10 amend the rules to: (1) clarify consideration of income tax refunds, payments to volunteers, and past due child support as resources and income; (2) define a self-employed person; (3) add clarifying language regarding self-employment income calculations; (4) clarify who may be included in the Temporary Assistance For Needy Families (TANF) benefit; (5) remove incorrect language; and (6) update policy citations.
Subchapter 20 is revoked as the program is no longer funded.
Strategic Plan impact. The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by supporting the OKDHS mission to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
340:10-3-5 is revised to clarify consideration income tax refunds, payments to volunteers, and child support collected from a child support tax intercept as resources.
340:10-3-31 is revised to add the definition of a self-employed person.
340:10-3-32 is revised to add clarifying language regarding self-employment income calculations.
340:10-3-40 is revised to clarify consideration of income tax refunds, payments to volunteers, and past due child support judgments or arrearage payments made for a child no longer age eligible for TANF.
340:10-3-56 is revised to clarify who may not be included in the TANF benefit.
340:10-3-57 is revised to: (1) remove inaccuratelanguage; and (2) update policy citations.
340:10-20-1 is revoked as the Diversion Assistance Program is no longer funded.
Reasons. The proposed revisions provide staff with clear, concise, and up-to-date 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 OKDHS staff and the public.Failure to approve other changes made to update and clarify rules may lead to incorrect benefit processing and preventable errors if benefits are audited
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; Sections 261.2, 261.10, and 261.30, of Title 45 of the Code of Federal Regulations (CFR); and Section 5044(f) of Title 42 of the United State Code (U.S.C.).
Permanent approval. 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 TANF applicants and recipients 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 TANF applicants and recipients 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 fee change: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised 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 revised rules will result in enhanced delivery of services to households receiving TANF.
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 nonregulatory 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 rules.
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: The implementation of the proposed rules should have a positive effect on the public health, safety, and environment by promoting family safety and stability.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:No detrimental effect on the public health, safety, and environment is anticipated if the proposed rules are not implemented.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 1, 2011.Modified December 28, 2011.Modified January 9, 2012.
