Rule Impact Statement
To: Programs Administrator
Legal Services - Policy
From: Sondra Shelby, Adult and Family Services (AFS) Director
Adult and Family Services
Date: May 9, 2025
Re: Chapter 50. Supplemental Nutrition Assistance Program (SNAP)
Subchapter 3. Application Process
340:50-3-3 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
340:50-9-1[AMENDED]
340:50-9-5 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
340:50-11-1 [AMENDED]
340:50-11-5 [AMENDED]
Part 3. Simplified Supplemental Nutrition Assistance Program (SSNAP) for Temporary Assistance for Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipients
340:50-11-27 [AMENDED]
(Reference WF 26-50)
Contact: Caleb Turner, Programs Manager V, 405-982-3685
A. Brief description of the purpose of the proposed rule:
(i) Purpose.
The proposed amendments to Chapter 50, Subchapter 3 amend the rules to: (1) prepare for National Accuracy Clearinghouse (NAC) implementation; and (2) correct the benefit amount for categorical households.
The proposed amendments to Chapter 50, Subchapter 9 amend the rules to: (1) improve Supplemental Nutrition Assistance Program (SNAP) expedited service timeliness; and (2) remove references to the Temporary Assistance for Needy Families (TANF) controlled substance disqualification from SNAP rules.
(I) Rule classification. The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in or implementation of a federally subsidized or assisted program.
Federal law mandates some of the proposed substantive amendments as a condition of Oklahoma's participation in the Supplemental Nutrition Assistance Program (SNAP). Per Section 272.18(a)(2) of Title 7 of the Code of Federal Regulations [7 C.F.R. § 272.18(a)(2)], OKDHS must participate in the NAC as a condition of operating SNAP. Oklahoma Human Services (OKDHS) SNAP has learned it has incorrectly applied the federal regulations at 7 C.F.R. § 273.10(e)(2)(ii)(C) and 7 C.F.R. § 273.10(e)(2)(iii). These regulations govern the minimum benefit amount for categorical households. OKDHS is correcting this mistake through this rulemaking. Per 7 C.F.R. §§ 273.2(e) and 273.2(i)(4), OKDHS SNAP is also specifying that a household must verify identity, complete the interview, and ensure the applicant registers for work registration, if necessary, within 7-calendar days to be eligible for expedited service.
OKDHS is also exercising discretion allowed under federal law. Ordinarily, the NAC requires a state to send a Notice of Match Results (NOMR), but there is a state option that allows a verbal notice when OKDHS can resolve the match using information known to the agency and there is no adverse action. OKDHS has decided to send the NOMR every time there is a NAC match and decline this state option. Per 7 C.F.R. § 272.18(c)(9), federal regulations require OKDHS to protect the identity and location of a "vulnerable individual" as a part of the NAC process. The regulations at 7 C.F.R. § 272.18(c)(9) adopt an expansive definition for a "vulnerable individual": a "vulnerable individual . . . includes but is not limited to, those who would be endangered by the dissemination of their information." OKDHS has concluded that the Oklahoma Attorney General’s Address Confidentiality Program participants, per Section 60.14 of Title 22 of the Oklahoma Statutes [22 O.S. § 60.14], meet this definition. OKDHS has learned from other states and Food and Nutrition Service (FNS) staff that the federal rules do not require OKDHS to screen for expedited service except "at the time the household requests assistance," per 7 C.F.R. § 273.2(i)(2). There is a requirement to provide expedited service when "the State agency subsequently discovers that a household is entitled to expedited service" in 7 C.F.R. § 273.2(i)(3)(iv), but since the federal rules do not require additional screenings, other states have been permitted not to implement this rule. OKDHS SNAP intends to only perform the mandatory expedited service screening.
The final source of authority stems from state law. The Oklahoma Legislature eliminated the illegal controlled substance disqualification by amending 56 O.S. 230.52 in 2023. OKDHS SNAP is removing references to this eliminated disqualification.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law.
The proposed amendments are not fully required by federal law, but OKDHS has not exceeded its legal authority. OKDHS is complying with 7 C.F.R. §§ 272.18(a)(2), 273.10(e)(2)(ii)(A), 273.10(e)(2)(ii)(C), 273.10(e)(2)(iii), 273.2(a)(2), 273.2(e), and 273.2(i)(4). OKDHS is declining a state option at 7 C.F.R. § 272.18(c)(3)(ii), extending the logic of 7 C.F.R. § 272.18(c)(9) to apply to 22 O.S. § 60.14, exercising an approved interpretation of 7 C.F.R. § 273.2(i)(2) and 7 C.F.R. § 273.2(i)(3)(iv), and employing its existing rulemaking authority to adjust to changes in the TANF program.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule.
SNAP federal regulations at 7 C.F.R. § 273.2 already prohibited households from participating in more than one state in any month. The creation of the NAC at 7 C.F.R. § 272.18 requires OKDHS to adopt the NAC and its accompanying procedures as a means of identifying and removing households participating in multiple states. There is a state option at 7 C.F.R. § 272.18(c)(3)(ii) that allows states to avoid sending the NOMR when OKDHS can resolve the match using information known to the agency and there is no adverse action. 7 C.F.R. § 272.18(c)(9) requires OKDHS to protect the identity and location of a "vulnerable individual" as a part of the NAC process and employs an expansive definition for a "vulnerable individual."
During the certification period, federal regulations direct OKDHS to set a SNAP household's monthly allotment as "equal to the maximum SNAP allotment for the household's size reduced by 30 percent of the household's net monthly income as calculated in paragraph (e)(1) of this section," per 273.10(e)(2)(ii)(A). The federal regulations at 7 C.F.R. § 273.10(e)(2)(ii)(C) and 7 C.F.R. § 273.10(e)(2)(iii) explain one- and two-person households must receive the minimum allotment when eligible and households with three or more people may have the SNAP benefit prorate to zero dollars. Per 7 C.F.R. § 273.9(a), households that are categorically eligible are not subject to the net and gross income standards, but the benefit changes in accord with these regulations.
Per 7 C.F.R. § 273.2(a)(2), "The State agency must make expedited service available to households in immediate need." The federal rules require OKDHS to screen for expedited service except "at the time the household requests assistance," per 7 C.F.R. § 273.2(i)(2). There is a requirement to provide expedited service when "the State agency subsequently discovers that a household is entitled to expedited service" in 7 C.F.R. § 273.2(i)(3)(iv). Households that qualify for expedited service must meet the interview requirement in 7 C.F.R. 273.2(e), verify the applicant's identity per 7 C.F.R. § 273.2(i)(4)(i), and ensure the applicant registers for work registration, if necessary, per 7 C.F.R. § 273.2(i)(4)(i).
(ii) Strategic Plan Impact.
The proposed amendments achieve OKDHS goals by communicating updated eligibility information to applicants, recipients, OKDHS staff, and contracted partners; ensuring effective and efficient program administration; complying with federal law; and exercising available state options to achieve better performance.
(iii) Substantive changes.
Subchapter 3. Application Process
Oklahoma Administrative Code (OAC) 340:50-3-3 is amended to: (1) update language; (2) correct citations; (3) add procedures for the NAC per Section 272.18 of 7 C.F.R. § 272.18; (4) define a "vulnerable person" per 7 C.F.R. § 272.18(c)(9) and 22 O.S. § 60.14; and (5) indicate OKDHS sends a NOMR every time there is a NAC match.
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 is amended to: (1) update language; (2) correct the agency's name to "Oklahoma Human Services"; and (3) clarify what benefit amount categorically eligible households may receive when the household income exceeds the income standard.
OAC 340:50-9-5 is amended to: (1) update language; (2) indicate OKDHS sends a NOMR every time there is a NAC match; (3) add the procedures a worker follows in response to a NAC match during a certification period per 7 C.F.R. § 273.12(c)(iii) and (iv); and (4) clarify what benefit amount categorically eligible households may receive when the household income exceeds the income standard.
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-1 is amended to: (1) update language; (2) remove additional screening for expedited service and late date entitlement; and (3) require a household that qualifies for expedited service to verify identity, ensure the applicant registers for work registration, if necessary, and complete the interview to maintain a right to expedited service.
OAC 340:50-11-5 is amended to: (1) update language; (2) modify the processing time when a household submits verification after a postponed verification certification; and (3) indicate that households are only screened for expedited service when the application is submitted.
Part 3. Simplified Supplemental Nutrition Assistance Program (SSNAP) for Temporary Assistance for Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipients
OAC 340:50-11-27 is amended to: (1) update language; and (2) remove references to the TANF controlled substance disqualification from SNAP rules.
(iv) Reasons.
OKDHS SNAP requests permanent rulemaking to prepare for NAC implementation in Oklahoma. Per 7 C.F.R. § 272.18, the NAC is "an interstate data system . . . to prevent individuals from receiving SNAP benefits in more than one State in a given month." Oklahoma's participation is mandatory. OKDHS SNAP plans to join the NAC in September 2026.
To prepare for this change and comply with its legal obligations, OKDHS SNAP has proposed a "vulnerable individual" definition. The definition specifically ensures a resident of a domestic violence shelter or a shelter for battered women and children, per 7 C.F.R. § 271.2 and 273.11(g) and OAC 340:50-5-28, and a participant in the Oklahoma Attorney General’s Address Confidentiality Program, per 22 O.S. § 60.14, are a "vulnerable person."
Per 7 C.F.R. § 272.18(c)(3)(ii), OKDHS is declining the state option to provide "a verbal notification of a match, which must be documented in the case file," per 7 C.F.R. § 272.18(c)(3)(iii)(B). The verbal notice may provide inconsistent notice to SNAP applicants and recipients. OKDHS SNAP believes it will be more effective to meet the NAC notification requirements by sending the NOMR whenever there is a match.
OKDHS SNAP has learned it has incorrectly applied the federal regulations at 7 C.F.R. § 273.10(e)(2)(ii)(C) and 7 C.F.R. § 273.10(e)(2)(iii) concerning the minimum benefit amount for categorical households and is correcting this mistake through this rulemaking.
OKDHS SNAP also seeks to improve its expedited service timeliness. OKDHS has learned from other states and FNS staff that the federal rules do not require OKDHS to screen for expedited service except "at the time the household requests assistance," per 7 C.F.R. § 273.2(i)(2). There is a requirement to provide expedited service when "the State agency subsequently discovers that a household is entitled to expedited service" in 7 C.F.R. § 273.7(i)(3)(iv), but since the federal rules do not require additional screenings, other states have been permitted not to implement this rule. OKDHS SNAP intends to only perform the mandatory expedited service screening. Per 7 C.F.R. §§ and 273.2(e) and 273.2(i)(4), OKDHS SNAP is also specifying that a household must verify identity, complete the interview, and ensure the applicant registers for work registration, if necessary, within seven-calendar days to be eligible for expedited service. These changes will permit OKDHS SNAP to improve its expedited service timeliness.
OKDHS TANF program staff informed OKDHS SNAP that a reference to the TANF disqualification for testing positive for an illegal controlled substance remains in the SNAP rules. The Oklahoma Legislature eliminated this disqualification by amending 56 O.S. 230.52 in 2023. OKDHS SNAP is eliminating these references.
(v) Repercussions.
If the proposed amendments are not implemented: (1) OKDHS rules will continue to include errors; (2) OKDHS staff will not have procedures to implement the NAC; (3) OKDHS staff may be confused about who to consider a "vulnerable person"; (4) OKDHS SNAP may have to rely on an ineffectual NAC notice process; (5) OKDHS SNAP will not be able to modify operations to take advantage of beneficial state options; and (6) applicants, recipients, and OKDHS staff may be confused by contradictory rules in the OAC.
(vi) Legal authority.
Director of Human Services; 56 O.S. §§ 162 and 230.52; 22 O.S. § 60.14; and 7 C.F.R. §§ 271.2, 272.12; 272.18, 273.2; 273.10, 273.11, and 273.12.
Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed amendments are not expected to have an economic impact on OKDHS, so no comprehensive analysis of impact is needed at this time.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: OKDHS does not anticipate a negative impact on SNAP beneficiaries for NAC implementation. Federal law does not permit SNAP households to participate in multiple states at the same time, and OKDHS verifies this as a part of its current eligibility process at application and certification renewal. The NAC may better identify when a household is enrolled in multiple SNAP benefits, which may help reduce dual participation.
OKDHS also does not anticipate a negative impact on SNAP beneficiaries to correct the rules relating to TANF controlled substance disqualification or the SNAP minimum benefit. The proposed rulemaking aligns the rules with how the system currently operates.
The expedited service rule changes primarily relate to how OKDHS determines expedited timeliness. SNAP recipients will experience no change when the household verifies identity, the applicant registers for Work Registration, if necessary, and completes the interview within seven-calendar days of the application. There may be impacts for households that perform one of these required actions after seven-calendar days of the application or whose application did not qualify for expedited service when submitted. The previous rule required OKDHS to determine eligibility within seven-calendar days of when OKDHS learned the household's circumstances meet the expedited service criteria or the household interviewed, verified identity, or registered the applicant. Affected households receive a 30-calendar day processing timeframe instead of within seven-calendar days of the household interview, identity verification, or applicant registration or when OKDHS learns the household circumstances justify expedited service. Affected households will receive the same benefit amount. OKDHS data indicate 21,778 households may have been impacted by this rule in state fiscal year 2025 if it had been in effect.
D. 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 to be affected by the proposed amendments are OKDHS staff, contracted provider staff, SNAP applicants, and SNAP recipients.
E. A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are OKDHS staff, contracted provider staff, SNAP applicants, and SNAP recipients.
F. 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: There no are fees associated with this rulemaking. There is no impact on the state's economy because this rulemaking does not expand or reduce SNAP eligibility. The proposed regulations relate to the eligibility determination process.
G. 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 amendments neither have an economic impact on any political subdivision nor require the cooperation of any political subdivisions in implementation or enforcement of the rules.
H. 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 businesses as provided by the Oklahoma Small Business Regulatory Flexibility Act.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: The agency has determined that sending a NOMR every time there is a NAC match will guarantee OKDHS meets the notice requirements. OKDHS must develop the NOMR regardless of this state option and send it when it is unable to avoid taking an adverse action or when there is not adequate verification in its records. OKDHS does not currently capture data that will permit us to estimate how much this option may save in postage costs. OKDHS does believe automating this process will ensure there are fewer quality control issues.
The agency has also elected to forego multiple expedited service screenings. Per federal rules, OKDHS screens each application for expedited service when the application is submitted. When the household qualifies for expedited service, the household must complete the interview, register the applicant for Work Registration, if necessary, and verify the applicant's identity before OKDHS certifies the case. OKDHS has the option to conduct multiple screenings and to allow households to receive expedited service from the date the household performs a required act (interview, Work Registration, and identity verification). OKDHS has declined these options to improve its expedited service timeliness.
J. 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: OKDHS does not anticipate the rules to reduce significant risks to the public health, safety, and environment.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendments are not implemented, there are no expected detrimental effects on public health, safety, and environment.
L. An analysis of alternatives to adopting the rule: There are no alternatives to adopting a rule that will accomplish the purposes of the rulemaking.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: Following final adoption of the rule, OKDHS anticipates 20 hours will be spent to develop the rule.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 9, 2025; modified August 15, 2025.
