COMMENT DUE DATE:
March 19, 2015
DATE:
February 11, 2015
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 14-12
The proposed policy is Permanent .
SUBJECT:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-6 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 3. Procedures for Handling Warrants in Special Circumstances [REVOKED]
OAC 340:65-5-15 through 340:65-5-20 [REVOKED]
Subchapter 11. Voter Registration
OAC 340:65-11-3 [AMENDED]
(Reference WF 14-02, 14-12, and 14-20)
SUMMARY:The proposed amendments to Chapter 65 Subchapter 3 amend the rule to:(1) add debit or electronic benefit transfer (EBT) card transaction restrictions to prevent use of cards containing federal or state funds in certain businesses; (2) add client contact and assistance requirements prior to closing the State Supplemental Payment (SSP) or Temporary Assistance for Needy Families (TANF) benefit when notified benefits were expunged due to the client's failure to activate his or her debit card; (3) add reopening information; (4) reorganize information included in the Section for clarity; (5) add clarifying language regarding debit card and direct deposit routine procedures and issuance problem procedures; and (6) update terminology.
The proposed revisions to Chapter 65 Subchapter 5 revoke rules regarding procedures for handling warrants as all Adult and Family Services (AFS) benefits are issued electronically.
The proposed revision to Chapter 65 Subchapter 11 amend voter registration rules to comply with Section 7 of the National Voter Registration Act (NVRA) of 1993 [Public Law 103-31], comply with a ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012)), and be responsive to a letter received from agencies involved in voter registration activities that allege Oklahoma is not in compliance with the NVRA.Proposed amendments include: (1) changing how the Oklahoma Department of Human Services (DHS) Adult and Family Services (AFS) staff responds whenan applicant or recipient does not respond to the voter registration offer; (2) adding information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) updating terminology.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; O.S. 56 § 162; Public Law 112-96 § 4004 (42 U.S.C § 608(a)(12)); 7 U.S.C. § 2012; 56 O.S. § 241.4; Public Law 103-31, Section 4-109.2 of Title 26 of the Oklahoma Statutes; and the ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:January 16, 2015
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-6 [AMENDED]
(Reference WF 14-02)
Contact:Laura Brown 405 521-4396
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 65 Subchapter 3 amend the rule to:(1) add debit or electronic benefit transfer (EBT) card transaction restrictions to prevent use of cards containing federal or state funds in certain 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)) and Section 241.4 of Title 56 of Oklahoma Statutes (56 O.S. § 241.4); (2) add client contact and assistance requirements prior to closing the State Supplemental Payment (SSP) or Temporary Assistance for Needy Families (TANF) benefit when notified benefits were expunged due to the client's failure to activate his or her debit card; (3) add reopening information; (4) reorganize information included in the Section for clarity; (5) add clarifying language regarding debit card and direct deposit routine procedures and issuance problem procedures; and (6) update terminology.
Strategic Plan Impact.
The proposed rules achieve the Oklahoma Department of Human Services (DHS) goals by supporting the DHS mission to maintain a culture of accountability, including fiscal integrity, at all DHS levels.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:65-3-6 is amended to:(1) add debit or EBT card transaction restrictions to prevent use of cards containing federal or state funds in certain business locations per 42 U.S.C § 608(a)(12); and 56 O.S. § 241.4; (2) add client contact and assistance requirements prior to benefit closure when SSP or TANF benefits are expunged due to non-pinning of the Oklahoma debit card and reopening information; (3) reorganize information in the Section for clarity; (4) add clarifying language regarding debit card and direct deposit routine procedures and issuance problem procedures; and (5) update terminology.
Reasons.
The proposed revisions to OAC 340:65-3-6 are made in conjunction with required changes being made to TANF rules per OAC 340:10, which in addition to rules in this Chapter, comprise the TANF State Plan to comply with federal law and state statute.DHS Financial Services recently developed an automatic method to notify staff when debit card funds expunge due to the client's failure to activate his or her debit card.In order to help clients access benefits and close SSP and TANF benefits for those who do not want to receive benefits, client notification and assistance requirements prior to benefit closure and reopening benefits information are added to the rule.
Repercussions.
OAC 340:65-3-6 contains the payment method rule for TANF and SSP.Failure to implement the proposed rule in conjunction with the mandated TANF rule changes, may reduce SSP and TANF recipients' and DHS staff awareness of the new restrictions on the use of DHS issued funds.This may lead recipients to continue using funds in prohibited locations thereby continuing to put themselves and their families at greater financial insecurity and result in a TANF funding penalty.
Legal authority.Director of Human Services; O.S. 56 § 162; Public Law 112-96 § 4004 (42 U.S.C § 608(a)(12)); 7 U.S.C. § 2012; and 56 O.S. § 241.4.
Permanent rulemaking approval is requested.
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 affected by the proposed rule are TANF and SSP applicants and recipients and DHS staff.The affected classes of persons bear no costs associated with implementation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who may benefit from the proposed rule are taxpayers opposed to government benefits being used in liquor stores, casinos, gaming establishments, retail establishments providing adult oriented entertainment, or retail establishments whose primary business is selling tobacco products.TANF and SSP recipients and DHS staff will benefit from clarifying debit card and direct deposit procedures.
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 proposed rule does not have an economic impact on the affected classes.
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 DHS cost includes the cost of printing and distributing the rule, estimated to be less than $20 and mailing costs associated with client notification.Failure to comply with federal law may result in a 5 percent reduction in TANF funding.
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 rule does not have an economic impact on any political subdivision, nor will the cooperation of any political subdivision be required in implementation or enforcement of the rule.
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: Small businesses, such as casinos and liquor stores, may experience some minimal revenue loss if SSP and TANF recipients were using DHS issued funds at their businesses and stop doing so.
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 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 EBT transaction restriction rule will have no effect on public health, safety, or environment risks if the adult recipient has not spent TANF or SSP funds in designated prohibited businesses.Implementation of the proposed rule may reduce risks to the public health, safety, and environment of TANF families and SSP recipients if the adult recipient spends funds for basic needs instead of for products or services in designated prohibited businesses.Implementation of the client notification and assistance requirement rule after benefits are expunged may help clients access benefits to which they are entitled, thereby increasing their health and safety.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Failing to approve the proposed EBT transaction restriction rule may reduce TANF and SSP recipients' and DHS staff awareness of the new restrictions on use of DHS issued funds.This may lead recipients to continue using funds in prohibited locations, thereby continuing to put themselves and their families at greater financial insecurity.Clients who fail to pin their debit cards do not have access to their benefits.If the proposed rule increasing client notification and assistance is not implemented, clients needing additional assistance to access benefits may not receive needed assistance.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared 4/8/14; modified January 16, 2015.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services Director
Date:January 16, 2015
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 11. Voter Registration
OAC 340:65-11-3 [AMENDED]
(Reference WF 14-20)
Contact:Laura Brown 405 521-4396
A.Brief description of the purpose of the proposed rule:The proposed revision to Chapter 65 Subchapter 11 amend voter registration rules to comply with Section 7 of the National Voter Registration Act (NVRA) of 1993 [Public Law 103-31], comply with a ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012)), and be responsive to a letter received from agencies involved in voter registration activities that allege Oklahoma is not in compliance with the NVRA.Proposed amendments include: (1) changing how the Oklahoma Department of Human Services (DHS) Adult and Family Services (AFS) staff responds whenan applicant or recipient does not respond to the voter registration offer; (2) adding information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) updating terminology.
Strategic Plan Impact.
The proposed rules achieve the Oklahoma Department of Human Services (DHS) goal of continuously improving systems and processes to achieve DHS goals.
Substantive changes.
Oklahoma Administrative Code 340:65-11-3 is amended to (1) how the AFS staff responds whenan applicant or recipient does not respond to the voter registration offer;(2) add information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) update terminology.
Reasons.
A letter was sent on behalf of the Metropolitan Tulsa Urban League, the League of Women Voters of Oklahoma and Metropolitan Tulsa, and the YWCA Tulsa notifying the Oklahoma State Election Board that DHS is not in compliance with the NVRA.The letter specifically mentions that 340:65-11-3 contains an incorrect statement regarding worker action when a client does not answer the voter registration question on the Voter Registration Statement. The proposed revision addresses concerns raised and will help AFS staff more fully comply with the NVRA.
Repercussions.
If the proposed rule is not amended, DHS will not be fully complying with the NVRA and may be subject to litigation and monetary penalties.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Public Law 103-31, Section 4-109.2 of Title 26 of the Oklahoma Statutes, and the ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012).
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 applicants and recipients of benefits administered by AFS and AFS 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 class of persons who will benefit from the proposed rule revision are applicants and recipients of benefits administered by AFS and AFS 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 proposed revision do not have an economic impact on 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 DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. Process changes will lead to an approximate increase of 1,285 in voter registration applications mailed to clients a month.This will translate to an overall estimated annual increase in mail expense by $5,760.This will be accounted for in the overall DHS mail processing budget.If the rule is not approved, DHS may be subject to litigation that could contain financial penalties.
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 non-regulatory 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: The proposed rule is not expected to affect public health, safety, or the environment.It is expected to increase voter registration access for applicants and recipients.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule is not approved and a financial penalty is imposed, it may affect delivery of benefits.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 17, 2014; modified January 16, 2015.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:January 16, 2015
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 5. Procedures Relating to Case Changes
Part 3. Procedures for Handling Warrants in Special Circumstances [REVOKED]
OAC 340:65-5-15 through 340:65-5-20 [REVOKED]
(Reference APA WF 14-12)
Contact:Laura Brown 405 521-4396
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 65 Subchapter 5 revoke rules regarding procedures for handling warrants as all Adult and Family Services (AFS) benefits are issued electronically.
Strategic Plan Impact.
The proposed rules achieve the Oklahoma Department of Human Services (DHS) goal of continuously improving systems and processes.
Substantive changes.
Oklahoma Administrative Code 340:65-5-15 through 340:65-5-20 is revoked as rules are no longer applicable since AFS no longer issues paper warrants.
Reasons.
Procedures regarding paper warrants are revoked as AFS no longer issues paper warrants.
Repercussions.
If the proposed rules are not revoked, rules will not reflect current practice.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues.
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 class of persons most likely affected by the rules revocation are DHS staff.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit by the rule revocation are DHS 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 proposed revocation will not have an economic impact on affected entities.There are no fee changes related to the revocations.
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: No costs are anticipated in revoking these rules.
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 revoked rules will not have an impact on any political subdivisions or require their cooperation.
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: The revoked rules will not have an adverse effect on small businesses.
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 revoking the 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: Revocation of paper warrant rules will have no effect on public health, safety, or environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Revocation of paper warrant rules will not have a detrimental effect on public health, safety, or environment.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared 05/29/2014; modified 1/16/15.
SUBCHAPTER 3. ELIGIBILITY FOR BENEFITS
340:65-3-6. Payment method for Temporary Assistance for Needy Families (TANF) and State Supplemental Payment (SSP) benefits
Revised 7-1-14
(a) Payment method choices.When an applicant applies for Temporary Assistance for Needy Families (TANF) The Oklahoma Department of Human Services (DHS) issues TANF and or State Supplemental Payment (SSP) benefits, the worker advises the applicant that these benefits are issued through a contractor on a debit card or by direct deposit.DHS initially issues the benefit on a debit card.¢ 1
(1) After the first benefit issues, the recipient may continue to receive benefits by debit card or change the payment method to direct deposit.
(2) The recipient may switch between direct deposit and debit card as needed.
(b) Debit card procedures.Debit card procedures are listed in (1) through (7) of this paragraph.
(1) When Unless the applicant was previously issued a debit card has not previously been issued to the applicant, it is issued when benefits are placed in to the applicant after the application is placed in application status or after benefits are approved.
(A) When a A debit card has previously been issued to issues after the application is placed in application status when the applicant, a new one is not sent was previously issued a client number.It is activated once benefits are approved.DHS assigns a client number to a person after he or she is approved for a DHS benefit or when the person has an open child support case with DHS Child Support Services (CSS).¢ 2
(B) When the applicant does not have a client number, the debit card issues after the worker certifies the TANF or SSP benefit.
(C) DHS does not issue a debit card to an applicant when he or she was previously issued a debit card.When the applicant states he or she no longer has the debit card, the applicant must call 1-888-401-9843, the contractor's customer service telephone number, to obtain a replacement card.
(2) Once the client applicant receives the debit card, he or she must call the customer service telephone number located on the back of the debit card to activate the card and choose a personal identification number (PIN).
(3) Initial and replacement debit cards are mailed to the applicant or recipient's mailing address along with information regarding:¢ 3
(A) the customer service telephone number the applicant must call to activate the debit card or to report a lost or stolen card;
(B) how to make purchases using the debit card or get cash from participating automated teller machine (ATM) locations;
(C) free services, including two free ATM withdrawals per calendar month from the Bank of Oklahoma and Transfund banking locations, and fees;
(D) how to request an alternate cardholder or switch to direct deposit; and
(E) the website address where the applicant may access his or her account balance and transaction information.
(4) The recipient is eligible for a free replacement card once every 12 months upon request.The recipient is charged a fee when he or she requests a replacement card more than once every 12 months.The debit card expires every three years and a free replacement is sent to recipients with open benefits.
(3)(5) The client recipient may choose another person to be a secondary cardholder for the benefits.When there is a substitute payee for the TANF benefit per Oklahoma Administrative Code (OAC) 340:65-5-66, the substitute payee is the secondary cardholder.
(A) The recipient and the secondary cardholder must complete and sign a Secondary Cardholder Request form and return it to the address listed on the form before a debit card is issued to the secondary cardholder.
(B) The client must either contact recipient obtains the Secondary Cardholder Request form by contacting the customer service telephone number located on the back of the debit card to request this or download downloading the alternate cardholder request form from www.eppicard.com.The client and the secondary cardholder must complete and sign the form and return it to the address on the form before a debit card is issued to the secondary cardholder. ¢ 4
(C) After the secondary cardholder receives the debit card, he or she must choose a PIN number before accessing to access benefits.
(4)(6) When the client recipient advises the Oklahoma Department of Human Services (OKDHS) (DHS) staff that he or she never received did not receive the debit card, the worker checks to see if it was returned as undeliverable the recipient's address changed.If the address changed, the worker updates the system with the correct address.The recipient must call the customer service telephone number to request a replacement card.¢ 5
(5)There are certain fees a client may be charged when using a debit card.A list of fees may be found at www.eppicard.com.The client is sent information about fees when a debit card is first issued.The client may access account and transaction information online at www.eppicard.com free of charge at any time.
(6)(7) If When the client recipient fails or refuses to activate his or her debit card within 90 calendar days, the benefits are expunged from the debit card and the contractor returns any funds loaded on a debit card returned to OKDHS DHS.
(A) Upon notification of expunged benefits, the worker contacts the recipient to offer assistance in pinning the debit card.
(i) When the worker is unable to reach the recipient by telephone, the worker sends Form 08AD092E, Client Contact and Information Request, and gives the recipient 10 calendar days to contact the worker.
(ii) When the worker is able to talk to the recipient, the worker determines why the recipient did not pin the debit card and offers assistance.The worker advises the recipient to pin the debit card within 10 calendar days and let the worker know when it is pinned so he or she can restore expunged benefits to the debit card.If the client does not contact the worker within 10 calendar days to reissue the expunged benefits, the worker sends Form 08AD092E and gives the client 10 calendar days to respond.
(B) These The funds may be reloaded on the client's recipient's debit card if he or she pins the debit card and requests from OKDHS DHS reissuance within 365 calendar days of the issuance date of issuance. ¢ 6
(A)(C) For SSP, when When the client recipient fails or refuses to pin the debit card within 90 10 calendar days and attempts have been made to urge the client to do so of issuing Form 08AD092E, the worker closes the TANF or SSP benefit due to non-cooperation.¢ 7When the:
(i) TANF benefit closes due to non-cooperation, the assistance unit's SoonerCare (Medicaid) benefit closes.When the recipient wants to continue to receive SoonerCare (Medicaid) benefits, he or she must reapply through the Oklahoma Health Care Authority's online enrollment system; ¢ 8and
(ii) SSP benefit closes due to non-cooperation, the recipient's SoonerCare (Medicaid) benefit remains open.
(B)(D) For The recipient's TANF, the worker does not close the or SSP benefit may be reopened when the client fails to pin recipient pins the debit card and notifies the worker within 90 30 calendar days of closure.
(c) Electronic benefit transfer (EBT) transaction restrictions.Electronic benefit transfer 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.Per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)), and Section 241.4 of Title 56 of Oklahoma Statutes, no debit or EBT card containing state or federal funds from programs including, but not limited to, TANF may be used in any transaction in any:¢ 9
(1) 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 Section 3(r) of the Food and Nutrition Act;
(2) casino, gambling casino, or gaming establishment except for:
(A) 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
(B) any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;
(3) retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or
(4) retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products.
(b)(d) Direct deposit procedures.Direct deposit procedures are listed in (1) through (7) of this paragraph.
(1) When the client recipient prefers to receive benefits through direct deposit, he or she must call the contractor's call center telephone number to request direct deposit. The contractor's staff mails or faxes a direct deposit form to the client to complete and return before benefits are issued by direct deposit.The client may also obtain a direct deposit form by accessing www.eppicard.com and downloading it.
(1) The client must complete and sign the direct deposit form, provide a voided check or a savings account deposit slip, and return them to the address on the form.¢ 10
(A) To obtain the direct deposit form, the recipient calls the customer service telephone number located on the back of the debit card, downloads a direct deposit form from the www.eppicard.com website, or obtains one from the worker.¢ 4
(2)(B)Once After receiving the completed form is completed and confirming account information confirmed, the contractor has five working business days to enter direct deposit information in the system.
(3)(C) Benefits are changed to direct deposit for the next payment due after direct deposit information is entered in the system.
(4)(D) Funds cannot be transferred from a debit card to direct deposit.
(c)(e) Benefit issuance.The client's After the initial issuance, the recipient's cash benefit is deposited in the client's recipient's checking or savings account on the first banking day of each month or loaded on the client's recipient's debit card on the first day of each month.
(1) The funds are available for withdrawal after deposit.
(2) After the monthly benefit is deposited in the client'srecipient'saccount or loaded on the debit card, OKDHS DHS is not responsible if someone other than the payee withdraws the funds.Banking regulations govern withdrawals.
(3) Clients Recipients are encouraged to be prudent about giving withdrawal privileges or debit card access to other people.
(d) The client may switch from direct deposit to the debit card or from the debit card to direct deposit by calling the contractor's call center to request the change and following directions given by the contractor's staff.
(e)(f) Issuance problem procedures.When problems occur with direct deposit or debit card deposits, procedures for dealing with these problems are detailed listed in (1) through (5) of this subsection.
(1) When direct deposit cannot be accomplished for a the recipient provides incorrect account information, the TANF or SSP benefit cannot be deposited in the recipient's bank account,.the The contractor's staff attempts to contact the client recipient to obtain current banking information.When the client recipient fails to provide current information or five calendar days elapse lapse without contact, the contractor converts the payment method to a debit card.If the client wishes to receive direct deposit again, the client The recipient must complete a new direct deposit form and provide current account information before another attempt is made to issue benefits through direct deposit.
(2) If When a client reports that a deposit was is not made to his or her the recipient's direct deposit account or loaded on the debit card, the client recipient reports this must report the problem to the contractor's call center customer service telephone number.The contractor handles any communication with banking institutions or MasterCard debit card vendors and then contacts the client recipient regarding resolution.
(3) Payments may be made by direct deposit or debit card after the death of the payee.When the recipient dies while receiving benefits, questions may arise concerning unspent funds in the recipient's bank account or on his or her debit card.
(A) When a payment is made after the death of the payee for which the payee the client is not eligible for a payment made after death to the recipient's debit card or bank account, an overpayment may be established against the estate.
(i) DHS notifies the debit card contractor to expunge the funds from the debit card, when possible.¢ 11
(ii) Payments made by direct deposit, cannot be expunged or retrieved.
(B) If When there are unused benefits on the debit card at the time of death for which the client recipient was entitled and someone contacts OKDHS DHS to request these benefits, he or she is advised to contact the customer service number located on the back of the client's recipient's debit card for assistance to request the funds.When unused funds remain in a bank account, the person must contact the financial institution to request the funds.
(4) When a the recipient's cash benefit is closed closes, the closure action automatically closes out direct deposit or debit card payments unless the client's cash benefit reopens.
(A) When the client's cash benefit is closed due to transfer of eligibility to another TANF or SSP case, direct deposit or debit card deposit the payment method is automatically transferred to the new case provided the client number of the payee in the closed and new case is the same.
(B) When the client's recipient's cash benefit is closed and closes and he or she later reapplies and is approved with the same client number, the previously chosen payment method is used to issue the cash benefit.The client recipient must call the contractor's call center customer service telephone number to change the payment method or to update bank account information.
(5) When the payee for the cash benefit changes for any reason, he or she the new payee is assigned a new client number and a debit card is issued if unless one has not was previously been issued for the new client number to him or her.
(A) The client must call the contractor's call center to set up direct deposit if he or she prefers that payment method. The new payee is considered an applicant.Refer to (a) and (b) of this Section regarding payment methods and initial payments.
(B) The new payee does not have access to benefits issued prior to the payee change.
INSTRUCTIONS TO STAFF 340:65-3-6
Revised 7-1-14
1.(a) When the person receiving State Supplemental Payment (SSP) benefits is under 18 years of age with a parent as the natural guardian or is an adult with a legal guardian, the worker codes the case to show the guardian is the payee.This allows the debit card to issue in the name of the legal or natural guardian.To properly code the case, the worker clicks on the Household tab in the Family Assistance/Client Services (FACS) Interview Notebook and chooses:
(1) "applicant or recipient with guardian, conservator, or substitute payee" in the "relationship to payee" field for the child;
(2) "applicant, recipient payee, or head of household" in the "relationship to payee" field for the parent or guardian; and
(3) "income/resources are not considered for benefit computation" in the "status" field for the parent or guardian.
(b) When the payee is a minor on the Temporary Assistance for Needy Families (TANF) benefits, the minor is coded as payee in order to track minor's lifetime TANF receipt limit of 60 months.When there is a substitute payee, the worker enters the name of the substitute payee in the "guardian, substitute payee, conservator, authorized representative, other" field and "substitute payee" in the "responsible person, or extra address" field of the FACS Interview Notebook Case Information tab.The substitute payee is the secondary cardholder for the TANF benefits.
2.(a) The Oklahoma Department of Human Services (DHS) uses the client number as the primary unique identifier for case number assignment.This includes case numbers assigned for TANF, SSP, and child support payments issued by the DHS Child Support Services (CCS).
(1) The client number may also be called the Client ID (CID), Department Client Number (DCN), or the Recipient ID (RID).
(2) The worker checks the client number on each case to ensure the client number matches by entering CMC space case number or by looking at the client number on the first page of the person's EF screen for each case number.
(3) When more than one client number was issued for the same person, the worker opens a Remedy ticket to request help in collapsing the numbers into one client number.
(b) Included with the debit card are three other collateral documents produced by the contractor.These forms may be viewed online at www.eppicard.com.The forms are:
(1) Form ACS-OK-103, Oklahoma MasterCard Card Terms of Use;
(2) Form ACL-OK-02, Enjoy the Benefits of Your New Oklahoma Debit MasterCard; and
(3) Form ACC-OK-02, Your Oklahoma Debit MasterCard Card.
3.The worker may read and print debit card information from Financial Services Electronic Payment Systems (EPS) job function page or at www.eppicard.com.
4.The Secondary Cardholder Request form is available for printing on the Infonet under the Financial Services EPS job function page.
5.(a) The worker checks to see if a debit card returned by entering BN space the case number.When the BN1 screen shows an "EW" in the "benefit" field and the "type issuance" field shows "CR," the client's debit card and payment were returned to DHS or the money was expunged from the debit card.
(b) There is no fee for issuing a replacement card when the recipient did not activate and pin the initial card.
6.After the recipient pins his or her debit card, the worker contacts the Adult and Family Services (AFS) Help Desk or EPS staff to request benefits be reloaded on the recipient's debit card.The worker documents in FACS Case Notes the recipient's reason for not pinning the debit card.
7.For SSP, closing the recipient's benefit when he or she does not plan to access the benefits, reduces the amount of unused issued benefits DHS must count toward its obligation to comply with a federal mandate not to decrease funds spent on the program each year.
8.The online enrollment system does not allow the recipient to apply for SoonerCare (Medicaid) benefits until after the effective date of the TANF closure.
9.Refer to Oklahoma Administrative Code (OAC) 340:10-3-57(h) for TANF client penalties.Section 241.4 of Title 56 of Oklahoma Statutes does not require assessment of client penalties for recipients receiving SSP.
10.When therecipient's name is not on the voided check or deposit slip, he or she must include proof of identity and a statement authorizing funds to be deposited into someone else's account.When the voided check or deposit slip provided is for a company account, a person's name must be listed in the second address box.
11.The worker codes the case to show therecipient's date of death.This causes the system to automatically status the cardholder as deceased and deactivate the recipient's debit card.The EPS Unit is then able to formally request the contractor return any money left in the debit card account issued after therecipient's death to DHS.The EPS Unit does not write an overpayment when it is not possible to expunge the benefit.
SUBCHAPTER 5. PROCEDURES RELATING TO CASE CHANGES
PART 3. PROCEDURES FOR HANDLING WARRANTS IN SPECIAL CIRCUMSTANCES [REVOKED]
340:65-5-15. Non-receipt of benefits issued by warrant [REVOKED]
(a) A client or vendor who reports benefit from a warrant has not been received due to loss, theft, mutilation, or non-receipt is required to complete Form 10AD044E, Affidavit of Lost or Destroyed Warrant, or the Office of State Finance's (OSF) Form 20R, Warrant Replacement Request, before a replacement warrant may be issued per Section 34 of Title 74 of the Oklahoma Statutes.Original signatures must be on all copies of the form.
(b) Completion of Form 10AD044E or OSF Form 20R is not required when:
(1) a sufficient portion of a burned or mutilated warrant remains intact so the warrant can be positively identified to ensure the client could not have redeemed the missing portion; or¢ 1
(2) the original warrant is being retained by a law enforcement agency.That agency must:
(A) submit a letter on its letterhead to the Oklahoma Department of Human Services (OKDHS) Finance Division stating the warrant is being held as evidence and will not be given to the payee under any circumstance, but will be returned to the OKDHS Finance Division for disposition at the conclusion of their investigation; and
(B) attach a copy of the warrant, front and back.
(c) The client is advised to not cash the original warrant without first notifying his or her worker if it is located after Form 10AD044E or Form OSF 20R has been signed. ¢ 2Any attempt to cash the warrant will result in the State Treasurer returning the unpaid warrant to the second endorser.The second endorser has recourse against the client to repay the amount of the warrant, plus any returned check charges.
(d) If the payee is a company rather than an individual, a duly authorized agent of the company must sign Form 10AD044E or Form OSF 20R on behalf of the payee giving the title of the position he or she holds with the company.
(e) Upon receipt of Form 10AD044E or OSF Form 20R, OKDHS Finance Division staff determines if the warrant has been cashed or if it remains outstanding.If the warrant has not been cashed, OKDHS Finance Division staff sends a stop payment order to the State Treasurer.Upon receipt of confirmation from the State Treasurer, either the OKDHS Finance Division staff or OSF staff issues a replacement warrant.
(f) If the warrant has been cashed, OKDHS Finance Division staff obtains a copy of the paid warrant and sends it to the human services center (HSC) for signature comparison with Form 10AD045E, Affidavit of Forged Endorsement and Form 10AD046E, Investigation Questionnaire. The worker instructs the client or payee to examine the endorsement carefully and warns him or her of the seriousness of making true and accurate statements concerning whether:
(1)the endorsement is forged;
(2) he or she gave someone permission to cash the warrant; and
(3) he or she received benefit from the warrant.[21 O.S. § 358] ¢ 3
(g) The worker sends the completed Form 10AD045E and Form 10AD046E to the OKDHS Finance Division for processing.
(1) When the OKDHS Finance Division receives the required documents, the forged warrant is returned through banking channels to the second endorser for collection.A replacement warrant is not issued until reimbursement is received from the second endorser.
(2) The second endorser has the right to protest a claim if there is evidence to show it is fraudulent.If the second endorser chooses to protest the claim, he or she must file a complaint with the local police department and send a copy of the complaint report and a letter to the Finance Division.
(3) When the State Treasurer receives reimbursement from the second endorser, Form 10AD044E or Form OSF 20R is approved and sent to the OKDHS Finance Division.If the second endorser does not protest the claim within two months, either the OKDHS Finance Division or OSF staff issues a replacement warrant to the client or vendor.
INSTRUCTIONS TO STAFF 340:65-5-15 [REVOKED]
Revised 6-1-08
1.The worker sends the remaining piece(s) of the warrant to the Oklahoma Department of Human Services (OKDHS) Finance Division with a cover memo explaining the situation and requesting issuance of a replacement warrant.If there is any question whether a sufficient portion of the warrant remains intact to exempt the client from filing Form 10AD044E, Affidavit of Lost or Destroyed Warrant, or the Office of State Finance's (OSF) Form 20R, Warrant Replacement Request, the decision is made by OKDHS Finance Division staff.
2.The worker must call the OKDHS Finance Division to confirm if a stop payment order has been issued.Once placed, a stop payment order cannot be removed.
3.If the client or payee states the endorsement is forged, but the worker suspects the claim is fraudulent, he or she must attach a cover memo with Form 10AD045E, Affidavit of Forged Endorsement.
340:65-5-16. Warrant issued after recipient's death [REVOKED]
Revised 6-1-08
When a warrant for which the estate is not eligible is cashed and paid by the State Treasurer, the Finance Division requests the State Treasurer return the warrant to the second endorser for collection on the grounds that it does not bear the endorsement of the true payee.Attached to the warrant is anotarized statement signed by a designated employee in the Finance Division, certifying the date of death on file with the Oklahoma Department of Human Services.When the State Treasurer receives reimbursement, the State Fund is credited and the Finance Division is notified of its receipt.When the local human services center is notified of a client's death, the family is advised to return for cancellation any warrants for which the estate is not eligible.¢ 1
INSTRUCTIONS TO STAFF 340:65-5-16 [REVOKED]
Revised 6-1-08
1.When a warrant issued after a recipient's death is received in the local human services center (HSC), it is sent to the Finance Division, with "CANCEL" written on the face of the warrant.If a person who has cashed a warrant for which the estate was not entitled wishes to repay the Oklahoma Department of Human Services, HSC staff accepts the payment and sends it to the Finance Division Revenue Unit.
340:65-5-17. Warrant cashed in error [REVOKED]
Revised 6-1-08
When a warrant is inadvertently cashed by the wrong client, due to Oklahoma Department of Human Services error because the names are similar or for other reasons, the human services center (HSC) staff immediately substantiates facts related to the error and sends a report of these facts to the Family Support Services Division (FSSD).¢ 1
(1) If the client who cashed the warrant is not convinced of the error, a request is made by the HSC staff to the Finance Division for a photostatic copy of the warrant in order that facts in evidence may be discussed with the client.
(2) The worker submits an overpayment for the client who inadvertently cashed the wrong warrant to the FSSD Benefit Integrity and Recovery Section in accordance with OAC 340:65-9.
INSTRUCTIONS TO STAFF 340:65-5-17 [REVOKED]
Revised 6-1-08
1.The worker submits a memo to the Finance Division requesting another warrant be issued to the disadvantaged client and stating that the warrant was cashed by another client due to Oklahoma Department of Human Services error.
340:65-5-18. Warrant returned as undeliverable [REVOKED]
Revised 6-1-08
The postal service returns to the Oklahoma Department of Human Services (OKDHS) Finance Division any undeliverable warrants in accordance with the return address printed on the envelope.¢ 1
INSTRUCTIONS TO STAFF 340:65-5-18 [REVOKED]
Revised 6-1-08
1.(a) If an undeliverable warrant is returned in error to the local human service center (HSC), it is sent immediately to the Finance Division with Form 08FB016E, Authorization for Issuance and Disposition.
(b) When the Finance Division receives a returned warrant, the BML transaction is updated to show the warrant was returned.
(c) When the client requests reissuance of the warrant within 90 days and it shows returned on BML, the worker updates the BMU transaction to mail the warrant to the correct address.
340:65-5-19. Warrants canceled by statute of limitation [REVOKED]
Revised 6-1-08
Any warrant not presented for payment within 90 days of issuance is automatically canceled by statute of limitation.Section 41.19 of Title 62 of the Oklahoma Statutes restricts reissuance of any public or medical assistance warrant to within 36 months following the month of its cancellation.This restriction does not apply to warrants issued prior to February 1, 1992.The holder of such a canceled warrant may, within the 36 month period, submit the original warrant to the Oklahoma Department of Human Services (OKDHS) with a request for its reissuance.
(1) If the original warrant is not in the person's possession, Form 10AD044E, Affidavit of Lost or Destroyed Warrant, may be submitted in lieu of the actual warrant.
(2) If the holder of the canceled warrant is a corporation, a duly authorized agent of the corporation completes and signs Form 10AD044E or the Office of State Finance Form 20R, Warrant Replacement Request.The duly authorized agent must state on the form the title of the position he or she holds with the company.
(3) Requests for reissuance must be mailed to the Finance Division, P.O. Box 53308, Oklahoma City, OK 73152, where replacement warrants are processed monthly.
340:65-5-20.Payment to estate of deceased recipient [REVOKED]
Revised 6-1-08
(a) Sections 190 and 191 of Title 56 of the Oklahoma Statutes (56 O.S. §§ 190 and 191) provides for payments to the estate of a deceased client.If the client dies before the warrant is endorsed or presented for payment, the next of kin, next friend, or other reputable person must obtain a court order from the district court authorizing and directing such person to endorse the warrant before it can be cashed.No costs may be charged for court proceedings.
(1) The next of kin, next friend, or other reputable person requesting an endorsement of the warrant(s) due the deceased recipient may file an affidavit directly with the district court stating the name of the recipient, the date of his or her death, and the amount and number of warrants.The next of kin, next friend, or other reputable person may or may not have possession of the warrant(s).
(2) The next of kin, next friend, or other reputable person may also present unendorsed warrants to the local human services center (HSC) and request assistance in cashing them.
(A) The county director prepares Form 08MP023E, Notice to County Judge Regarding Deceased Recipient, and sends the original to the district judge and a copy to the Finance Division.
(B) Prior to completing this form, HSC staff must confirm the date of death of the recipient in order to establish eligibility for this payment.The warrant may be cashed only if the recipient was alive on the first day of the month for which the warrant was issued.¢ 1
(C) The first day of the month is considered to begin at 12:00 midnight.
(b) The district judge or his or her associate is responsible for determining whether to issue a court order based on the information presented.If applicable, a court order is made authorizing and directing the next of kin, next friend, or other reputable person to endorse the warrant and cash it without the signature of an administrator.The order covers all points set out as requirements in the law.
(c) In lieu of a court order, the district judge or his or her associate may make a notation directly on the warrant itself, specifying the name of the person authorized to endorse it.
(d) When the unendorsed warrant is returned to the Finance Division, it is only sent to the next of kin, next friend, or other reputable person after Finance Division staff receives the original of the court order with that person's address included.¢ 2Upon receipt of the judge's order and determination that its issuance conforms to the facts and the law, Finance Division staff mails the warrant directly to the person authorized to endorse it.The Director of the Oklahoma Department of Human Services handles any question regarding a refusal to release the warrant.
INSTRUCTIONS TO STAFF 340:65-5-20 [REVOKED]
Issued 6-1-08
1.(a) The Oklahoma Department of Human Services (OKDHS) is obligated to withhold payment on the warrant if it has reason to believe the recipient was not alive in the month for which the warrant was issued.
(b) Suggested documents human services center (HSC) staff may copy for the case record to confirm the recipient's date of death include:
(1) a copy of the recipient's death certificate;
(2) a copy of the death notice in a newspaper;
(3) a copy of the memorial service handout; or
(4) a statement from the attending physician.
2.When the Finance Division receives an unendorsed warrant to a deceased recipient, it is shown as returned on the BML transaction for the human services center (HSC).HSC staff advise the next of kin, next friend, or other reputable person who inquires about the warrant what procedures must be followed before the warrant can be released.
SUBCHAPTER 11. VOTER REGISTRATION
340:65-11-3. Forms used in providing voter Voter registration services
Revised 11-17-14
(a) With every application, benefit renewal, or any time a change of address is reported, local county office or support center staff provides the applicant or recipient with the Oklahoma Voter Registration Statement and the Oklahoma Voter Registration ApplicationAll voter registration materials are kept confidential.
(1) Oklahoma Voter Registration Statement.When an applicant or recipient:
(A) chooses to register to vote, the person must sign and return the Oklahoma Voter Registration Statement to the local county office; or
(B) does not complete the Oklahoma Voter Registration Statement, it is presumed the person does not wish to register.
(2) Oklahoma Voter Registration Application.
(A) When an applicant or recipient submits an Oklahoma Voter Registration Statement indicating that he or she wants to register to vote, the person is provided an Oklahoma Voter Registration Application.
(B) Oklahoma Department of Human Services (OKDHS) staff in the county office or support center offers the same degree of assistance in completing the Oklahoma Voter Registration Application as they offer in completing OKDHS application forms, unless the person refuses such assistance.
(b) The State Election Board provides OKDHS with pre-addressed, postage-paid envelopes to transmit Oklahoma Voter Registration Application forms.
Voter registration offer.Adult and Family Services (AFS) staff is federally mandated to offer voter registration services to applicants and recipients for qualifying events included in (1) through (3).Qualifying events include when persons:¢ 1
(1) apply for AFS benefits, such as Child Care Subsidy, Low Income Home Energy Assistance Program, SoonerCare (Medicaid), State Supplemental Payment, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families;
(2) complete a mid-certification benefit renewal, annual benefit renewal, or SNAP certification renewal; or
(3) report an address or name change. ¢ 2
(b) Voter registration forms.Voter registration forms include Form 08MP007E, Voter Registration Statement, and the Oklahoma State Election Board's, Oklahoma Voter Registration Application. ¢ 3
(1) The applicant, recipient, or the worker records the applicant's or recipient's decision to apply or decline to register to vote. ¢ 4
(2) When the applicant or recipient wants to apply to register to vote or does not want to answer the question:"If you are not registered to vote where you live now, would you like to apply to register to vote here today?" on Form 08MP007E, Voter Registration Statement, the Oklahoma Voter Registration Application is given or mailed to the applicant or recipient.
(3) When the applicant or recipient declines to apply to register to vote in writing, an Oklahoma Voter Registration Application is not given or mailed to the applicant or recipient.
(c) Assistance completing the Oklahoma Voter Registration Application. AFS staff offers the same degree of assistance in completing the Oklahoma Voter Registration Application as is provided when completing the AFS application and renewal forms. ¢ 5
(d) Confidentiality.AFS staff keeps the applicant's or recipient's decision to register or not to register to vote and all voter registration materials confidential.
(e) Prohibitions.AFS staff must not:
(1) seek to influence an applicant’s or recipient's political preference or party registration;
(2) display political preference or party allegiance;
(3) make statements or take action that has the purpose or effect ofdiscouraging the applicant or recipient from registering to vote; or
(4) make statements or take action that has the purpose or effect of leading the applicant or recipient to believe that a decision to apply to register or a decision not to register to vote has any bearing on the availability of services or benefits.
(f) Record retention.AFS staff images and files a completed Form 08MP007E in the applicant's or recipient's case record.Form 08MP007Es, when completed, are retained until the case record is destroyed per Oklahoma Administrative Code 340:65-1-6.
(g) Training.AFS staff are required to view voter registration training within 30 calendar days of his or her enter on duty date and annually thereafter.¢ 6
(h) Local voter registration site coordinator.Each county director and field manager is responsible for assigning a local voter registration site coordinator.Site coordinator duties include:
(1) maintaining a sufficient supply of Oklahoma Voter Registration Application forms; ¢ 3
(2) the daily compilation of all completed and partially completed Oklahoma Voter Registration Application forms and mailing them to the Oklahoma State Election Board at the close of each business week in the preaddressed, prepaid, postage envelopes provided by the Oklahoma State Election Board;¢ 7
(3) maintaining a weekly count of Oklahoma Voter Registration Application forms mailed to the Oklahoma State Election Board and sending a monthly total to the AFS regional office.
(4) being the local office contact person for applicants, recipients, the public, or staff inquiries regarding the voter registration process;
(5) maintaining all voter registration posters as required;
(6) monitoring staff compliance with standard voter registration procedures included in this Section;¢ 8and
(7) monitoring the staff’s completion of annual voter registration training.¢ 6
(i) Data collection.DHS produces a statewide monthly report regarding voter registration activity based on weekly data collection.¢ 9
INSTRUCTIONS TO STAFF 340:65-11-3
Revised 11-17-14
1.(a) For example, when a person applies for Supplemental Nutrition Assistance Program (SNAP) food benefits on the10th of the month and applies for Child Care Subsidy benefits on the 20th of the same month, the worker offers voter registration services at each application.
(b) Whichever AFS staff person interacts with the applicant or recipient is the person that must make the voter registration offer.For example, when an applicant or recipient drops off a renewal without staying to see a worker or calls to report an address change, the receptionist or other support personnel makes the voter registration offer.
(c) An authorized representative, guardian, family member, or other person acting on behalf of the applicant or recipient cannot agree or decline to register an applicant or recipient to vote.When someone acting on behalf of the applicant or recipient applies or renews benefits or reports an address change, AFS staff offers voter registration services to that person.
(1) For example, when Jane Smith renews benefits for her grandmother, AFS staff offers voter registration services to Jane Smith for Jane Smith, not for her grandmother.
(2) When the offer is not made in person and the voter registration application is mailed, it is mailed to the case mailing address.
(d) AFS staff is required to offer and record voter registration services only to the person completing the application, renewal, or address or name change.When other household members are present during an interview, the worker offers each of them an Oklahoma Voter Registration Application, but does not record their responses in Family Assistance/Client Services (FACS).
(e) The AFS worker documents the voter registration offer and the applicant's or recipient's response in the FACS voter registration request dialogue box.
(1) When the worker opens a case in FACS, a Voter Registration Request dialogue box appears prompting the worker to select the action taken for this case.Types of action include:
(A) address or name change;
(B) application or SNAP certification renewal, (not initiated through OKDHSLive);
(C) mid-certification or annual renewals, (not initiated through OKDHSLive).Includes re-opens after a 36S closure;
(D) application, renewal, or address or name change, but includes the voter registration process already recorded for this action; and
(E) other.
(2) When the worker chooses (1)(A), (B), or (C), the second Voter Registration Request dialogue box appears.The worker records the applicant's or recipient's response to the voter registration offer before the worker is able to access other FACS tabs and fields.Possible responses include:
(A) Yes, (a voter registration application will be mailed);
(B) Yes, a voter registration application was provided in person, (no voter registration application will be mailed);
(C) No, (no voter registration application will be mailed); and
(D) I do not want to answer the question, (a voter registration application will be mailed).
(3) Every time a response is collected through FACS or OKDHSLive, a Case Info type case note is created that reads, "Voter registration statement completed."
(f) Before submitting an application or renewal through OKDHSLive, the applicant or recipient must answer the question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"The applicant or recipient may review hyperlinked Form 08MP007E, Voter Registration Statement, prior to answering the question.
(1) Possible responses to the voter registration offer include:
(A) yes, please mail a voter registration application to the case mailing address; or
(B) no.
(2) A FACS case note is created that reads, "Voter registration statement completed."
(g) When an Oklahoma Voter Registration Application is mailed to an applicant or a recipient, the system attaches a cover sheet explaining why it was mailed, reiterating information contained on Form 08MP007E, and listing 1-877-653-4798 as the telephone number to call for assistance.
2.(a) The applicant or recipient may report address or name changes in person, by telephone or email, or through the mail.
(b) Per Oklahoma Administrative Code 340:65-5-1 Instruction to Staff 6(d), the worker does not change a person's name on the system until the applicant or recipient provides a Social Security card showing the new name.However, the worker does not need proof of the name change before offering voter registration services.
(c) When the:
(1) applicant or recipient drops off or mails an address or name change without talking with someone and the worker does not need additional information before making the change, the worker chooses, "Yes (a voter registration application will be mailed" as the response to the voter registration prompt in the FACS Voter Registration Request dialogue box;
(2) AFS worker telephones the applicant or recipient about the address or name change, the worker offers voter registration services and records the applicant’s or recipient's response in the FACS Voter Registration Request dialogue box;
(3) receptionist speaks to the applicant or recipient about the address or name change, the receptionist offers voter registration services and asks the applicant or recipient to answer the voter registration question and sign Form 08MP007E.
(A) When the applicant or recipient checks, "Yes" or "I do not want to answer this question," the receptionist gives him or her an Oklahoma Voter Registration Application form and offers to assist with completion of the application.If the applicant or recipient refuses to answer the voter registration question or to sign Form 08MP007E, the receptionist documents the offer and the applicant’s or recipient’s response on Form 08MP007E.
(B) The receptionist images and files Form 08MP007E and other documentation provided by the applicant or recipient in the case record.
(C) The AFS worker records the applicant's or recipient's response in the FACS voter registration request dialogue box when taking action on the case;
(4) applicant or recipient calls to report the address or name change, AFS staff taking the telephone call offers voter registration services.When AFS staff does not have access to FACS to record the applicant's or recipient's decision, staff uses an unsigned Form 08MP007E to document the offer and the applicant's or recipient's response.
(A) AFS staff images and files Form 08MP007E in the applicant’s or recipient’s case record to document the voter registration offer.
(B) The AFS worker records the applicant's or recipient's response in the FACS Voter Registration Request dialogue box when taking action on the case; or
(5) applicant or recipient emails the address or name change to the worker, the worker attaches Form 08MP007E to the response email, and informs the applicant or recipient that an Oklahoma Voter Registration Application will be mailed.The worker chooses, "Yes, (a voter registration application will be mailed)" as the response in the FACS voter registration dialogue box.
3.(a) Form 08MP007E is available online in the Forms tab/Multiple Programs folder and at okdhslive.org.When completed, Form 08MP007E is imaged and filed in the case record.
(b) The State Election Board provides Oklahoma Voter Registration Application forms for mailing at the Sequoyah building.County staff prints Oklahoma Voter Registration Application forms from the Oklahoma State Election Board website at www.ok.gov/elections.
(c) The local voter registration site coordinator is responsible for keeping a sufficient number of Form 08MP007Es and Oklahoma Voter Registration Applications in the reception area for county staff use.
(d) When an applicant or recipient completes or partially completes an Oklahoma Voter Registration Application form in the office, AFS staff:
(1) dates and location stamps the application; and
(2) delivers it to the local voter registration site coordinator on the same day.
4.(a) The worker or OKDHSLive documents all voter registration offers and responses in the FACS Voter Registration Request dialogue box.The Form 08MP007E hard copy is used primarily as a back up when FACS is unavailable, such as when FACS is down, the offer is made at a home visit, or the person making the offer does not routinely use FACS.When Form 08MP007E is completed, AFS staff images and files it in the case record.The AFS worker must record the offer and response in FACS.
(1) The AFS staff making the voter registration offer explains Form 08MP007E voter registration information to the applicant or recipient.
(A) When the offer is made in person, AFS staff has a copy of Form 08MP007E available for the applicant or recipient to view.When the applicant or recipient wants to apply to register to vote or declines to answer the question, AFS staff gives him or her the Oklahoma Voter Registration Application and offers assistance to complete the form.
(B) When the offer is made over the telephone and the applicant or recipient wants to apply to register to vote or declines to answer the voter registration question, AFS staff informs the applicant or recipient that he or she will be mailed an Oklahoma Voter Registration Application and cover sheet.The cover sheet includes a telephone number the applicant or recipient may call to receive help in completing the application form.
(2) When the applicant or recipient submits the application, benefit renewal, or SNAP certification renewal online through okdhslive.org, the applicant or recipient reviews Form 08MP007E online, answers the voter registration question, and electronically signs the form.
(3) When the worker emails the applicant or recipient regarding an address change, the worker explains that an Oklahoma Voter Registration Application and cover sheet will be mailed and attaches Form 08MP007E.
5.(a) When AFS staff makes the voter registration offer in person, AFS staff gives the applicant or recipient the Oklahoma Voter Registration Application form and offers assistance to complete the application.The worker informs the applicant or recipient that he or she may complete the form in private or take it home to complete.
(1) When the applicant or recipient requests assistance completing the application, AFS staff assists to the degree requested whether reading the instructions and questions to the applicant or recipient, helping him or her answer the questions, or completing the form for him or her.This does not include giving advice on which political party to choose or deciding on theapplicant’s or recipient’s eligibility to vote.
(2) When the applicant or recipient chooses to complete the Oklahoma Voter Registration Application in the local DHS office, the worker reviews it for completeness and points out any missing information.AFS staff informs the applicant or recipient the application will be mailed to the Oklahoma State Election Board.
(3) When the applicant or recipient elects to take the Oklahoma Voter Registration Application form home to complete it, AFS staff has no responsibility to track completion.
(4) When, based on voter eligibility requirements listed on the Oklahoma Voter Registration Application, AFS staff knows the applicant is not eligible to register to vote, AFS staff is not required to assist the applicant or recipient in completing the application.AFS staff chooses "No, (no voter registration application will be mailed)" as the response to the second Voter Registration Request dialogue box in FACS.
(b) When the voter registration offer is made by telephone, email, or through OKDHSLive, the system mails the Oklahoma Voter Registration Application form with a cover sheet to the applicant or recipient.The cover sheet includes a telephone number the applicant or recipient may call to obtain assistance completing the application.
6.AFS staff must complete voter registration training once per calendar year.An attendance record is kept of annual training and the local voter registration site coordinator is responsible for monitoring completion.
7.(a) The close of the business week is every Friday or the last business day of the week when the office is not open on Friday.
(1) Voter registration closes 24 calendar days before an election.
(2) During this time frame, the local site coordinator mails completed Oklahoma Voter Registration Applications to the Oklahoma State Election Board more frequently so help ensure applications are postmarked prior to the final registration date.
(3) AFS administration will send alerts to the site coordinator and county director to identify these periods.
(b) The local voter registration site coordinator orders preaddressed and prepaid postage Oklahoma State Election Board envelopes from the DHS Supply Warehouse.
8.If the local site coordinator determines a voter registration offer was not made to an applicant or recipient, the site coordinator ensures the offer is recorded in FACS for the applicant or recipient so an Oklahoma Voter Registration Application is automatically mailed to the applicant or recipient within five calendar days of the determination.
9.Information compiled in the report is collected from staff entries in the FACS voter registration dialogue box, applicant and recipient responses to the voter registration offer question on OKDHSLive, and information compiled by local site coordinators.
