Current through Vol. 42, No. 1, September 16, 2024
(a)
When household information may be
disclosed. Per Section 272.1 of Title 7 of the Code of Federal
Regulations (7 C.F.R. §
272.1) , use or disclosure of information
regarding Supplemental Nutrition Assistance Program (SNAP) applicant households
is restricted to:
(1) persons directly
connected with the administration or enforcement of the provisions of the Food
and Nutrition Act of 2008, as amended by the Agriculture Improvement Act of
2018, or federal regulations, other federal assistance programs, or federally
assisted state programs that provide assistance to low income persons on a
means tested basis;
(2) persons
directly connected with the administration or enforcement of programs required
to participate in the state income and eligibility verification system (IEVS),
per
7 C.F.R. §
272.8(a)(2), to the extent
the SNAP information is useful in establishing or verifying eligibility or
benefit amounts under those programs;
(3) persons directly connected with the
verification of immigration status of aliens applying for SNAP benefits,
through the Systematic Alien Verification for Entitlements (SAVE) Program, to
the extent the information is necessary to identify the person for verification
purposes;
(4) persons directly
connected with the administration of the Child Support Program under Part D,
Title IV of the Social Security Act, in order to assist in the administration
of that program, and employees of the Secretary of Health and Human Services as
necessary to assist in establishing or verifying eligibility or benefits under
Titles II and XVI of the Social Security Act;
(5) employees of the Comptroller General's
Office of the United States for audit examination authorized by any other
provisions of law;
(6) local,
state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act
of 2008, or regulation. The written request must include the:
(A) identity of the person requesting the
information;
(B) person's authority
to request the information;
(C)
violation being investigated; and
(D) identity of the person for whom the
information is requested;
(7) local, state, or federal law enforcement
officials acting in their official capacity, upon their written request.
(A) The written request must include:
(i) the name of the household member being
sought;
(ii) the purpose of the
request is to obtain the address, Social Security number (SSN) and, when
available, a photograph of the food benefit recipient; and
(iii) if the member is fleeing to avoid
prosecutionor custody for a crime, or an attempt to commit a crime, that would
be classified as a felony, or a high misdemeanor in New Jersey, or is in
violation of a condition of parole or probation imposed under a federal or
state law.
(B) Oklahoma
Human Services (OKDHS) must accept any document that reasonably establishes the
identity of the household member being sought by law enforcement
authorities.
(C) With the proper
written request, OKDHS staff only discloses enough information to comply with
the specific written request, such as the household member's address, SSN, and
photograph, when available; and
(8) local educational agencies administering
the National School Lunch Program established under the Richard B. Russell
National School Lunch Act, or the School Breakfast Program established under
the Child Nutrition Act of 1966, for the purpose of directly certifying the
eligibility of school-aged children for receipt of free meals under the School
Lunch and School Breakfast programs based on their receipt of SNAP
benefits.
(b)
Protection of released information. Recipients of information
released under (a) of this Section must adequately protect the information
against unauthorized disclosure to persons or for purposes not specified in
this Section. In addition, information received through IEVS must be protected
from unauthorized disclosure as required by regulations established by the
information provider. Information released to OKDHS, per Section 6103(l) of the
Internal Revenue Code of 1954, is subject to the safeguards established by the
Secretary of the Treasury in Section 6103(l) of the Internal Revenue Code; and
implemented by the Internal Revenue Service in its publication, Tax Information
and Security Guidelines.
(c)
Case review request by household. When OKDHS receives a written
request to review information contained in the case record by a responsible
household member, the currently authorized representative of the household, or
a person acting on the household's behalf, the information is then made
available for inspection during regular OKDHS business hours. OKDHS withholds
confidential information, including the:
(1)
names of persons who disclosed information about the household without the
household's knowledge; or
(2)
nature or status of pending criminal prosecutions.
(d)
Availability of public
information. SNAP rules and the Adult and Family Services Handbook are
available online at www.okdhs.org and are made available for inspection upon
request by the public during regular business hours in each county office and
in the State Office. Federal regulations, federal procedures in Food and
Nutrition Service (FNS) notices and policy memos, State Plans of Operation, and
corrective action plans are available upon request for inspection by the public
during regular business hours at the State Office and at FNS regional and
national offices, per
7 C.F.R. §
272.1. County staff ensures that participants
and other low-income households have access to information regarding
non-discrimination statutes and policies, complaint procedures, and the rights
of participants within 10-calendar days of the request date.
Amended at 8 Ok Reg
3475, eff 7-31-91 (emergency); Amended at 9 Ok Reg 2473, eff 6-25-92; Amended
at 10 Ok Reg 1821, eff 5-13-93; Amended at 14 Ok Reg 220, eff 10-1-96
(preemptive); Amended at 26 Ok Reg 840, eff
6-1-09
