Okla. Admin. Code § 340:50-1-9

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

Section 340:50-1-9 - Rights and responsibilities

(a) An applicant or recipient for the Supplemental Nutrition Assistance Program (SNAP) has the right to:

(1) make application on the same day he or she initially contacts the Oklahoma Department of Human Services (DHS) in person, by phone, by mail, or through okdhslive.org;

(2) designate an authorized representative;

(3) be provided information about SNAP;

(4) a face-to-face interview when requested;

(5) have access to free interpreter services when the applicant or recipient is limited English proficient and alternative means of communication for persons with disabilities;

(6) a prompt decision in writing on his or her application and, when eligible, to receive food benefits within 30-calendar days following application;

(7) retroactive or lost benefits when the application is incorrectly delayed, denied, or closed;

(8) the correct amount of food benefits based upon current budgetary standards;

(9) equal treatment. The applicant has the right to be treated the same as all other food benefit recipients. On the basis of race, color, religious creed, national origin, political beliefs, age, sex, or disability, a person applying for SNAP is not:

(A) excluded from participation;

(B) denied benefits; or

(C) subjected to discrimination;

(10) a fair hearing when dissatisfied with any DHS decision or lack of action in regard to his or her food benefit application. The applicant or recipient also has the right to examine his or her case record and all files and documents to be used at a fair hearing;

(11) withdraw his or her application at any time prior to the eligibility determination. After eligibility is determined, the applicant or recipient has the right to request closure of his or her food benefits; and

(12) examine the case record upon written request from a responsible member of the household or its authorized representative. DHS may withhold confidential information per Oklahoma Administrative Code (OAC) 340:50-1-6.

(b) The applicant or recipient has the responsibility to:

(1) submit an application containing a legible name, address, and signature when he or she wants to participate in SNAP;

(2) participate in an interview per OAC 340:50-3-2;

(3) supply information essential to a SNAP eligibility determination;

(4) be accountable for all information given by the authorized representative that includes any overissuance of benefits resulting from erroneous information given by an authorized representative;

(5) report certain changes. The applicant has the responsibility to report all changes that occur between the application date and the certification interview. The recipient has the responsibility to report changes in circumstances per OAC 340:50-9-5;

(6) register for work, unless otherwise exempt, at the time of the initial application and at each certification renewal per OAC 340:50-5-85 and 340:50-5-86; and

(7) provide a Social Security number (SSN) for each household member that wants to participate in SNAP per OAC 340:50-5-68.

(c) DHS has the responsibility to:

(1) accept an identifiable application when submitted. An identifiable application is an application containing a legible name, address, and a signature;

(2) inform the applicant or recipient of his or her rights and responsibilities;

(3) take prompt action on all applications by approving or denying the application within 30-calendar days from the date the application is submitted;

(4) take prompt action on all changes to determine if the change affects the household's eligibility or entitlement;

(5) notify the recipient when mid-certification and certification renewals are due per the time frames specified in OAC 340:50-9-5 and 340:50-9-6;

(6) renew eligible households timely so there is not a break in the benefits the recipient is eligible to receive;

(7) restore lost benefits when the food benefits were incorrectly denied, delayed, or closed;

(8) give adequate and/or timely notice of action when appropriate; and

(9) provide services. The local county office ensures that operating hours meet the needs of recipients or applicants who work. Each office is annually reviewed to ensure such needs are met. The results of these reviews are retained by Adult and Family Services SNAP staff for review by Food and Nutrition Services.

Okla. Admin. Code § 340:50-1-9

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 26 Ok Reg 840, eff 6-1-09

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