Okla. Admin. Code § 340:50-5-86

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

Section 340:50-5-86 - Persons exempt from work registration

Per Section 273.7(b) of Title 7 of the Code of Federal Regulations, work registration exemptions are included in (1) through (9) of this Section.

(1)Age limit. A person younger than 16 years of age or a person 60 years of age and older is exempt. When a person:

(A) is 16 or 17 years of age and is not the head of household or is attending school or enrolled in an employment training program on at least a half-time basis, is also exempt; or

(B) turns 16 or 18 years of age during a certification period, the worker must register the person for work as part of the next certification renewal, unless he or she qualifies for an exemption.

(2)Caretakers. A caretaker is a parent or other household member responsible for the care of a dependent child younger than 6 years of age or an incapacitated person. When the dependent child reaches 6 years of age within a certification period, the person responsible for the care of the child must register for work at the next certification renewal, unless he or she is otherwise exempt.

(3)Applicants for or recipients of unemployment compensation. A person who applied for unemployment insurance benefits (UIB) is exempt from the work registration requirement during the application process. This is verified by seeing the work registration card. Recipients of UIB are exempt from registration while receiving compensation. When the person is disqualified from participation in UIB because he or she refused or failed to meet UIB work requirements without good cause, he or she is subject to failure to comply disqualification requirements per OAC 340:50-5-87.

(4)Physically or mentally incapacitated. Persons who are physically or mentally incapable of gainful employment on a permanent or temporary basis and food benefit applicants participating in federal or state programs based on disability are considered exempt. Other persons claiming exemption as unfit for employment must, in the absence of physical evidence, obtain documented evidence from medically qualified sources to substantiate a disability.

(5)Addicts and alcoholics. A regular participant in a drug addiction or alcohol treatment and rehabilitative program, on a resident or non-resident basis is exempt. This may be verified through organizations or institutions operating the program.

(6) Students. A student is defined as a person enrolled at least half-time in any recognized school, training program, or institution of higher education. Students must meet the criteria per Oklahoma Administrative Code (OAC) 340:50-5-45 to participate in the Supplemental Nutrition Assistance Program (SNAP). This includes refugees participating in a refugee-specific training program approved, funded, or operated by the Office of Refugee Resettlement. Students are exempt from work registration requirements and retain student classification during school vacation or breaks providing they plan to return to school the next term, excluding summer school. Persons who do not qualify as students include, persons:

(A) not enrolled at least half-time or who experience a break in enrollment status due to graduation, expulsion, suspension, or who drop-outor do not intend to return to school; and

(B) enrolled in correspondence courses.

(7)Temporary Assistance for Needy Families (TANF) Work Program participants. A TANF recipient who is exempt from, registered for, or participating in the TANF Work Program per OAC 340:10-2-1 through 340:10-2-8 is exempt from SNAP work registration requirements. When the TANF recipient is sanctioned because he or she refused or failed to participate in the TANF Work Program without good cause per OAC 340:10-2-2, he or she is subject to failure to comply disqualification requirements per OAC 340:50-5-87.

(8)Employed persons. Persons who are employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours are exempt.

(A) The employment may be paid, in-kind, unpaid, or volunteer work with religious or community organizations.

(B) Migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30-calen-dar days are exempt as employed persons.

(9)Self-employed persons. Persons who are self-employed working a minimum of 30 hours weekly or receiving weekly earnings equal to federal minimum wage multiplied by 30 hours are exempt.

(A) Verification of the amount of income from self-employment is sufficient to establish this exemption, provided the amount of income appears to be consistent with a conclusion of full-time employment, 30 hours per week.

(B) When the income is not sufficient to conclude full-time employment, the client must cooperate with the worker in establishing the income received is at least sufficient to be considered gainful employment and the volume of work the client is doing justifies a determination the self-employment enterprise is a full-time job for the purpose of this exemption.

Okla. Admin. Code § 340:50-5-86

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 14 Ok Reg 59, eff 10-10-96 (emergency); Amended at 14 Ok Reg 1351, eff 5-12-97; Amended at 18 Ok Reg 2079, eff 7-1-01; Amended at 26 Ok Reg 840, eff 6-1-09

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018