Okla. Admin. Code § 340:50-1-8

Current through Vol. 42, No. 7, December 16, 2024

Section 340:50-1-8 - [Effective until 9/14/2025] Reporting racial/ethnic groups

Oklahoma Human Services (OKDHS) obtains ethnic and racial data on household members participating in the Supplemental Nutrition Assistance Program in the manner Food and Nutrition Service describes per Section 272.6(g) of Title 7 of the Code of Federal Regulations.

(1)Self-identification. OKDHS asks the applicant or authorized representative to self-identify ethnic and racial information regarding all participating household members on the application and, when necessary, during the interview.

(A) The application must clearly indicate that the:

(i) provision of ethnic and racial data is voluntary and will not affect the eligibility or benefit level of food benefits; and

(ii) information is to ensure that food benefits are distributed without regard to race, color, or national origin.

(B) When the applicant or authorized representative does not self-identify ethnic and racial information on the application prior to the interview, the worker asks the applicant, adult household member, or authorized representative to provide ethnic and racial information during the interview and explains:

(i) provision of ethnic and racial data is voluntary and will not affect the eligibility or benefit level of food benefits; and

(ii) information is to ensure that food benefits are distributed without regard to race, color, or national origin.

(2)Worker identification. When the applicant, adult household member, or authorized representative chooses not to provide ethnic and race information, the worker must not record a household member's ethnic or racial information based on visual identification.

(A) The worker reviews the existing case record for verification that does not rely on visual identification. Examples include, but are not limited to, documentary evidence, the household's racial or ethnic designations on previous OKDHS forms, or other reasonable nonvisual verification. When the worker finds verification of the racial and ethnic status, the worker records this information in the eligibility system.

(B) When the applicant, adult household member, or authorized representative chooses not to provide racial and ethnic status information and there is no nonvisual evidence in the case record, the worker indicates that the racial and ethnic status is unknown in the eligibility system.

(3)Race and Ethnic Categories. To provide flexibility and ensure data quality, separate categories are used to collect and report ethnicity and race information.

(A) The applicant or authorized representative is asked to provide ethnicity information first. The ethnicity question is "Are you Hispanic or Latino?" The term "Spanish origin" may be used in addition to "Hispanic" or "Latino." Hispanic or Latino refers to a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

(B) The applicant or authorized representative is then offered the option of selecting one or more racial designations. Racial designations include:

(i) American Indian or Alaskan Native referring to a person with origins in the original peoples of North or South America, including Central America, and who maintains tribal affiliation or community attachment;

(ii) Asian referring to a person with origins in the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, or Vietnam;

(iii) Black or African American referring to a person with origins of the black racial groups of Africa. Terms, such as "Haitian" or "Negro" may be used in addition to "Black" or "African American;"

(iv) Native Hawaiian or Other Pacific Islander referring to a person with origins in the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

(v) White, referring to a person with origins in any of the original peoples of Europe, the Middle East, or North Africa.

Okla. Admin. Code § 340:50-1-8

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)