The Food Stamp Act of 1977 authorizes the Food Stamp Program. Section 2 of this act states in part:

"Congress hereby finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increasing utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a food stamp program is herein authorized which permits low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

To summarize: The Food Stamp Program is designed to increase the limited food purchasing power of low-income households to alleviate hunger and malnutrition.

120Use of Food Stamps

Participating households may use their food stamps at retail stores authorized by the United States Department of Agriculture (USDA), Food and Nutrition Services (FNS), to accept food stamps.

A household may purchase only eligible foods with food stamps. Eligible foods include plants and seeds which the household may use to grow food. Ineligible items which cannot be purchased with food stamps include alcoholic beverages, household products, tobacco, pet foods, and other non-food items. At grocery stores with delicatessens, the household may use food stamps to purchase foods which have not been heated above room temperature and are to be eaten away from the store.

Example:Food stamps could be used to purchase sliced cold cuts at the delicatessen, but could not be used to purchase a barbecued chicken cooked by the delicatessen and kept under warming lamps.

Residents of drug and alcoholic treatment centers, group living arrangements, and shelters for battered women/children who are certified to participate in the food stamp program may use their food stamps to purchase meals prepared especially for them. Limitations are: 1) the facility must be authorized by FNS or the appropriate state agency; and 2) the meals must be prepared by the facility during

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the course of the facility's normal program - i.e. a person in a drug treatment program must be residing at the facility and undergoing the treatment program. Exception - Residents of group living arrangements and/or shelters for battered women need not be involved in a formal treatment program. See FSC 1800-1842.

Homeless households may use their food stamps, on a voluntary basis, to purchase meals from authorized meal providers. See FSC 1850-1852.

121Communal Dining Facilities

Certain households may use their food stamps to purchase prepared meals at a communal dining facility or to purchase meals delivered to them at home by a nonprofit meal delivery service.

A communal dining facility means:

1.A public or nonprofit private establishment, approved by the Food and Nutrition Service (FNS), which prepares and serves meals to households composed of elderly persons and their spouses, or households composed of SSI recipients and their spouses, or both;

2.A public or private nonprofit establishment (eating or otherwise) that feeds households composed of elderly persons and their spouses, or SSI recipients and their spouses or both;

3.Federally subsidized housing for the elderly at which meals are prepared and served to the residents; or

4.Private establishments that contract with the Arkansas Department of Human Services to offer meals at concessional prices to households composed of elderly persons and their spouses, or of SSI recipients and their spouses, or both. (The contract must specify the approximate prices to be charged for the meals.)

All meals delivery services and communal dining facilities desiring to prepare and serve (or deliver) meals to eligible households must be approved by FNS to accept and redeem food stamp coupons.

Households composed of homeless individuals may purchase meals from restaurants which have contracted with Arkansas Department of Human Services to supply meals to the homeless at an already low or reduced price. These restaurants must also be approved by FNS to accept and redeem food stamp coupons.

Restaurants which intend to accept food stamps from all groups of households (elderly, SSI and the homeless) must either submit a separate contract pertaining only to the homeless or must submit one contract which clearly identifies each group to be served.

All households which intend to use communal dining facilities or meal delivery service will be given an ID card marked with the letters "CD." Homeless households which intend to purchase meals from an authorized restaurant will also be given an ID card marked with the letters "CD." See FSC 8850.

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Restaurants interested in contracting with the Arkansas Department of Human Services to furnish meals to specified food stamp recipients should contact the Central Office Food Stamp Section.

200Authorization of the Program and the State's Responsibilities

U.S.D.A. Food and Nutrition Service and the Division of Economic and Medical Services (DEMS) have jointly entered into a Plan of Operation of the Food Stamp Program in Arkansas and have prescribed policies and procedures, and rules and regulations as set forth in this manual for the administration of this program.

EMS responsibilities include but are not limited to:

1.Insuring that county offices administers the program in a manner which guarantees prompt action, non-discrimination, and accurate completion of the certification process.

2.Establishing policies and procedures by which the Food Stamp Program is administered.

3.Issuing food stamps to eligible households. The Central Mail issuance Unit (CMI) is responsible for issuing benefits and for maintaining issuance documents. Only personnel authorized by CMI has access to food stamps and to certain issuance documents.

4.Maintaining issuance control, accounting of coupons, and submitting accurate and timely financial and program reports.

5.Providing qualified employees to conduct interviews and to determine initial and ongoing eligibility for the program. NOTE: Only employees of the Division of Economic and Medical Services may conduct interviews with food stamp applicants and/or recipients unless the applicant is interviewed as part of a joint SSI/Food Stamp application as specified in FSC 8240.

6.Developing , conducting, and evaluating training of certification and issuance personnel.

7.Maintaining a Performance Reporting System (Q.C. and M.E.) in accordance with federal regulations.

8.Making program records available for review or audit by U.S.D.A., FNS (Office of Audit and Office of Investigation) for a period of three years from the month of origin of each record.

9.Handling recipient claims and restorations of lost benefits in accordance with federal regulations.

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10.Disqualifying individuals and households from participation in accordance with federal regulations.

11.Developing and maintaining complaint procedures.

12.Administering disaster certification programs only when authorized by FNS.

13.Developing and implementing program information activities.

14.Serve as a voter registration agency. See FSC 211.

210Program Informational Activities

Program informational activities are used to explain the Food Stamp Program to applicant and recipient households. Such information may be conveyed by means of publications (example - poster in waiting room), telephone hot-lines (example - Client Assistance's toll-free number-1-800-482-8988), and face-to-face contacts (example - explaining household's rights and responsibilities at each certification interview).

County offices must comply with the following minimum program information and activity requirements:

1.Informing all applicant and recipient households of their rights and responsibilities during the interview process. The household will also be provided with written information on forms and notices. See Appendix F, Interview Guide, for complete instructions on orally advising households of their rights and responsibilities.

2.Displaying the required FNS posters in waiting areas for food stamp applicants and recipients.

3.Distributing pamphlets explaining the Special Supplemental Food Program for Women, Infants and Children (WIC) and the Commodity Supplemental Food Program.

211Voter Registration

The purposes of the "National Voter Registration Act of 1993" are listed below.

1)To increase the number of eligible citizens who register to vote in elections for Federal office.

2)To make it possible for Federal, State, and local governments to implement this Act in a manner that enhances the participation of eligible citizens as voters in elections for Federal office.

3)To ensure that accurate and current voter registration rolls are maintained.

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Under this Act, all offices in the State that provide public assistance are designated as voter registration agencies. At each voter registration agency, the following services must be made available:

1)Distribution of mail voter registration application forms;

2)Assistance to applicants in completing voter registration application forms unless the applicant refuses such assistance; and

3)Acceptance of completed voter registration application forms for transmittal to the appropriate State election official.

No DHS employee will:

1)Seek to influence a customer's political preference or party allegiance;

2)Display any such political preference or party allegiance; or

3)Make any statement to a customer or take any action which would lead a customer to believe that a decision to apply to register or not to apply to register to vote will have any bearing on the availability of services or benefits.

Voter registration is strictly voluntary. Failure or refusal to complete either an Agency-Based Declaration Statement or an Arkansas Voter Registration Application will in no way affect a household's eligibility or benefit level. At no time will the processing of any case action (initial application, recertification, reported change, midpoint review or quarterly report) be delayed solely to obtain either an Agency-Based Declaration Statement or an Arkansas Voter Registration Application.

211.1Form Completion

All adult applicants who have face to face contact with a county worker will be asked to complete an Agency-Based Declaration Statement at the time of the contact. This includes food stamp customers who submit initial applications or applications for recertification. This also includes applicants interviewed in his or her home.

Any customer who checks "Yes, I want to apply to register to vote" on the Agency-Based Declaration Statement will be provided with an Arkansas Voter Registration Application. Assistance in completing voter registration forms must be offered in the same manner as assistance is offered in completing the food stamp application. (See FSC 8250, item 5.)

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211.2Voter Registration at Reported Change

The Arkansas Voter Registration Application may also be used by the public to report name and address changes for voter registration purposes. An Arkansas Voter Registration Application will be mailed to each food stamp customer who reports a change of address or a name change. This applies to changes reported on quarterly report forms (DCO-285), change report forms (DCO-234), midpoint reviews (DCO-244) in person, or by telephone. The Arkansas Voter Registration Application must be accompanied by a Voter Registration Change of Status (DCO-131). The Arkansas Voter Registration Application will be returned by the customer directly to the Secretary of State if the customer chooses to report the address change or name change to a voter registration official.

211.3Transmitting Arkansas Voter Registration Applications

All completed Arkansas Voter Registration Applications will be mailed to the Secretary of State no later than the first work day after the date of acceptance at the county office. Applications received by staff at a site away from the office will be mailed the first day the staff member returns to the office.

Each county will devise and maintain a system that provides for the daily mailing of voter registration applications. The county must maintain daily records of the number of individuals who registered to vote and the number of individuals who declined to register to vote. No later than the 10th of each month, each county must report to the Deputy Director, Office of Field Operations, the number of voter registration applications mailed to the Secretary of State during the previous month.

220Personnel Standards

DEMS employees who interview and certify households for food stamps must meet the current standards for the Arkansas Merit System or any standards later specified by the Federal Office of Personnel Management. Only authorized personnel may have access to food coupons and certain issuance documents.

Volunteers and/or other non-state agency employees (with the exception of SSA employees who conduct joint interviews as specified in FSC 8940) are not allowed to interview or to certify food stamp applicants. However, they may be used in related activities such as prescreening, assisting applicants in completing the application, and assisting applicants in securing verification.

Exception - Individuals and organizations who are parties to a strike or lockout cannot be used in the certification process except as a source of verification for information supplied by the applicant.

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230Bilingual Staff and Materials

Bilingual staff or interpreters and bilingual certification materials (i.e. applications, change form, QR form and notices) must be provided when a county has a specified number of low-income households which speak the same non-English language and which do not contain an adult fluent in English as a second language. Such households are considered a single-language minority.

Bilingual certification materials, program information materials, and bilingual staff (or interpreters) will be requested from the Food Stamp Section by the ES Supervisor when the county office provides service to approximately 100 single-language minority low-income households. Bilingual materials and staff may also be requested if there are fewer than 100 low-income households if the majority of these households are of a single-language minority.

231Seasonal Influx of Non-English Speaking Households

A seasonal influx of non-English speaking households will require a county office to use bilingual staff or interpreter's to process non-English speaking applicants if at least 100 such households apply. Bilingual staff or interpreters may be requested for less than 100 applicants if the majority of these households are of a single-language minority.

232Estimates of Low-Income Single-Language Households

The Central Office will make estimates of the number of households of a single-language minority in each county by using census figures and other appropriate sources of information.

240Training Requirements

Continuing training will be provided for food stamp eligibility workers, hearing officials and performance reporting system reviewers. Training will occur following issuances of new policy when the policy issuance is extensive and/or entails a major change. In addition, training may occur on an individual, county-wide, area-wide or state-wide basis when problem areas are identified through the monitoring process, reviews or when otherwise deemed necessary. Both new and experienced workers will be trained to provide assistance to food stamp applicants in completing the Arkansas Voter Registration Application.

Staff development provides initial training for certification workers. This training includes eligibility criteria, certification procedures, household rights and responsibilities (including non-discrimination rights), interviewing skills and other job related responsibilities. Ongoing training will be provided by Staff Development or other designated personnel.

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Training will also be provided to State Agency outreach workers, including hotline operators who prescreen or provide other food stamp services to applicants or the public. This training need not be as comprehensive as that for certification personnel. It will, however, be in sufficient detail and held frequently enough to ensure that the public has access to accurate information about the Food Stamp Program and that any prescreening conducted is accurate.

Individuals who are not state employees but are knowledgeable of program eligibility rules and certification procedures and are actively involved in work or volunteer activity related to food stamp certification rules will also receive appropriate training.

241Public Attendance at Training

Public attendance at formal certification training sessions conducted on a statewide or regional basis is permitted. Public attendance at such sessions will be limited to five percent of the total attendance or five training slots, whichever number is smaller. Provisions for public attendance need not be provided at training sessions for fewer than twenty people. The role of public participants at training sessions may be limited to observation only.

242FNS Review

FNS will review the effectiveness of the training program based on information from the performance reporting system and other sources.

250Hours of Operation

At least annually, the hours of operation of county food stamp offices will be reviewed to ensure that the needs of food stamp recipients who work are adequately met. Based on the results of the review, it may be necessary to change the hours that county food stamp offices are open in order to meet the needs of such recipients.

300Caseworker Responsibilities

The Food Stamp Certification Manual is provided as a general guide to the policies governing the Food Stamp Program. Because each case situation differs slightly, the case worker is expected to use "good judgement" in applying these policies. While "good judgement" is impossible to define exactly, this section will provide some information about how this Agency expects a caseworker to meet his responsibilities in providing prompt, accurate services to all food stamp applicants and recipients on a non-discriminatory basis.

Since most households applying for food stamps have limited income and resources, the caseworker is expected to consider the effect of his decisions upon individual households. For example, a caseworker knows

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that a household is in dire circumstances but that household does not meet the criteria for expedited services. While FSC 8501 states that household must be provided an opportunity to participate no later than 30 days following the date of application, a caseworker using "good judgement" would take all the actions required to certify that household as quickly as possible. This may mean making extra telephone calls to obtain required verification or prioritizing work to complete the required paperwork.

The caseworker is also expected to make a conscious effort to base a decision upon his general knowledge as well as his knowledge of the Food Stamp Program. For example, a household reports that the economic head of the household has quit his most recent employment. FSC 3600 calls for sanctions to be applied when the economic head of household quits a job without good cause. The caseworker has general knowledge that the job site at which the household member was employed is hazardous. The caseworker would base any decision about good cause on his general knowledge as well as the statements provided by the employer and the household.

When the caseworker cannot reach a decision about a case action based upon the policy and his general knowledge, he will consult his supervisor. If the supervisor is not able to reach a decision based upon his general knowledge of the program, a policy interpretation will be sought through the county's established chain of command.

310Specific Responsibilities

Each caseworker has specific responsibilities while working in the Food Stamp Program and is held accountable for carrying out these responsibilities in a timely, accurate, courteous, and non-discriminatory manner. Each responsibility is discussed below.

311Maintenance of the Food Stamp Certification Manual

Each new caseworker is issued a Food Stamp Certification Manual. That caseworker is responsible for adding new policy as issued and deleting old policy. Instructions for adding and deleting policy is provided with each policy issuance. A checklist of current manual material is provided twice per year.

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312Using the Food Stamp Certification Manual

The caseworker will use the Food Stamp Certification (FSC) Manual to determine the correct policy, procedures and timeliness standards applicable to the case action being completed. Tables of Contents, pages headers and a topical index are provided to assist the caseworker in finding the correct information.

Information regarding the food stamp automated system, FACTS, may be found in the Economic and Medical Services User Manual (EMSUM). References to EMSUM will be found throughout the FSC Manual.

When a specific situation is not addressed in the FSC Manual or the EMSUM, the caseworker is responsible for making a reasonable decision based upon his general knowledge of the Food Stamp Program or for obtaining a policy interpretation through the county's established chain of command. All such situations must be documented in accordance with the provisions in FSC 314.

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313Conducting Interviews

The caseworker must conduct all interviews in accordance with the standards specified in FSC 8200 - 8270 and Appendix F, the Interview Guide. (Some counties are using a interview guide developed in the county which has been approved by the Field Manager for use in that county.)

All interviews are to be conducted in a non-discriminatory, courteous manner and in an environment which protects the privacy of the household to the greatest extent possible. No caseworker will discuss information gained through an interview with non-agency personnel except as specified in FSC 530.

314Documentation

The caseworker must document each case action in enough detail to allow a reviewer to determine what type of case action occurred, when it occurred, and why the caseworker took this action. For example, an application denial must contain information adequate to allow a reviewer to determine that the application was denied, why it was denied, and when the denial occurred.

When a caseworker determines that a household has not provided adequate verification or that the verification provided is incomplete, inaccurate, inconsistent, or outdated, the reason for the decision must be fully documented. For example, at recertification a household reports no change in a member's VA check; however, the caseworker is aware that VA recipients had a general increase. The household's statement would be considered to be inconsistent with information known to the caseworker. This information should be documented in the case record. The Glossary, definition of "Verification" contains a full explanation of the terms incomplete, inaccurate, inconsistent, and outdated.

Any form with a required documentary entry must be fully completed. For example, the documentation fields on the EMS-220, Food Stamp Application, must be fully completed.

Any unusual decision or incident will be fully documented. A standard piece of bond or narrative paper may be used. While no standard format is prescribed, the caseworker must fully describe the situation. Any pertinent names, dates, or figures must be included. When documentation refers to another food stamp case or an AFDC case, the appropriate case number will be entered. When documenting collateral contacts, the name and telephone number will be entered. When documenting collateral contact with employers the caseworker must enter the name of the company, the name of the individual providing the information, and the telephone number at which this individual may be reached.

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315Completing Work in a Timely Manner

Each case action must be completed within a certain period of time as specified in this manual. For example, reported changes must be processed within ten days. Caseworkers must ensure that all case actions are completed within the mandated time by maintaining controls. While no control methods are specified, any such method is subject to monitoring.

316Accuracy

Reviews of food stamp cases routinely conducted in county offices include:

1.General second party reviews by supervisors;

2.Third party reviews by EMS Field Representatives;

3.Overall reviews of county operations by Management Evaluation; and

4.State and Federal Quality Control Reviews.

Each caseworker is responsible for the accuracy of his work. Corrective actions, including additional training, may be required if reviews indicate problems with caseworker accuracy. Also, accuracy of case records will be considered when job evaluations are completed.

317Providing Client Services

Each food stamp applicant and/or recipient is entitled to prompt, courteous, accurate service from all DHS Employees. Services must be provided on a non-discriminatory basis. This means that each caseworker must make every effort to process case actions in accordance with the policy and timeframes specified in this manual. It means that the caseworker will not arbitrarily impose requirements upon clients without justification. For example, if the client has already provided adequate verification of an eligibility factor, additional verification will not be required. See the Glossary, definition of "Verification" for additional information.

It also means that when the caseworker becomes aware that a client needs assistance in complying with the required action, the caseworker must provide this assistance promptly. For example, if the client obviously cannot comply with the requirement for an in-office interview, an out-of-office interview or an interview with the household's authorized representative will be offered. If the caseworker is aware that the client needs assistance in obtaining required verification, such assistance will be provided even though the client has not requested this assistance. If the client is having problems completing the application form, assistance will be provided.

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Case actions must be completed as quickly as possible, but no later than the specified time frames. When a caseworker becomes aware that he may have a problem which will delay the processing of case actions such as changes, applications, and monthly reports, he must advise his supervisor. It may be necessary to prioritize county office duties in order to insure that such case actions are not delayed.

400Records and Reports

All Food Stamp Program records, documents, reports, etc. are to be retained in an orderly fashion for a period of at least three years from the month of origin of each document/report. DEMS must insure that such documents/reports are retained and must submit to FNS any records, documents, reports or other information required. The central office will notify the county office if records are to be retained longer than three years for audit purposes.

410Retention of the Contents of the Case Record

All contents of the Food Stamp Case Record including both forms and supporting documents (collateral statements, income statements, etc.) are to be retained for at least three years from the month of origin. Verification of social security numbers, identity, and alien status are to be retained for at least three years from the date of case closure or last expiration. Documents concerning overpayments (EMS-216, EMS-217, EMS-1700, etc.) are to be retained for three years from the date of fiscal or administrative closure. Documentation of restoration of lost benefits (EMS-201) is to be retained for three years from the date of fiscal or administrative closure.

Fiscal closure means that all obligations for or against the Federal Government have been liquidated - e.g., the client has received the restoration or the overpayment has been paid in full. Administrative closure occurs upon determination by the Overpayment Unit that no further actions to liquidate the claim is appropriate. See FSC 15534.

When the required retention period for a form or document expires, the form or document may be destroyed by burning or shredding.

420Case Record Order

Food stamp case records will be maintained in the following order:

1.Facesheet/SSN - The food stamp facesheet is filed on top of the case record. Social security cards and SS-5's are attached to the back of the face sheet or filed immediately behind it. SS-5's will be discarded upon receipt of verification of the SSN.

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2.Case Summary - The case summary section contains the forms used for certifications, denials, changes, monthly reporting, or any case action. The authorization document is filed first. It is followed by the document which initiated the case action, and then by supporting forms and documentation. The most current case action is filed at the front of the case record.

Example: A recertification would be filed in the following order:

a.The authorization document (EMS-233); or

b.Action Document (EMS-220); and

c.Supporting forms (EMS-1, EMS-205, EMS-206 or EMS-239, etc.,will be filed in numerical order with the smallest number appearing after the EMS-239);

d.Supporting documentation (copied verification).

3.Overpayment/Fraud - The overpayment/fraud section will contain all claims and fraud documents such as the EMS-216, EMS-217, EMS-1700, etc. with the most recent data filed to the top. Information received or submitted pertinent to a specific claim (e.g. demand letter) will be filed on top of that claim data.

4.Documents - The documents section will contain all legal documents pertinent to the case including divorce decrees, birth/death certificates, etc.

A standard blue sheet will separate and identify the overpayment/fraud documents sections. The brad will enter the case from the bottom of the record.

430Food Stamp System Reports

Any report generated on an individual basis (e.g. - budget sheet, EMS-233 turnaround, wage match report) is to be considered a part of the case record. As such, individual reports will be filed in the proper case record and retained at least three years from the rundate.

All composite reports will be retained in binders in chronological order for a specified period. IRS summary reports must be held in a secure area. See the EMS User's Manual (EMSUM), Appendix J for a full list of Food Stamp reports. Appendix J also contains information about related screens, the frequency of the report, the purpose of the report and the retention requirement.

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440Maintenance of Old Manual Issuance Records

Prior to the implementation of the automated food stamp system and daily issuance, all counties maintained an issuance office from which food stamps were manually issued. Old issuance records or documents containing names and/or social security numbers must be destroyed by burning or shredding.

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DATE: 3-15-88 DISCLOSURE

500Availability of Information

The public will have access to all policy such as the certification manual and Federal Regulations. Access to information contained in case files as well as computer printouts containing Social Security numbers and names of food stamp recipients will be restricted as specified in FSC 530 below.

510Review of Food Stamp Policy and Regulations

Food Stamp Certification Manuals will be maintained in one certification office in each county for public review during regular working hours.

Federal regulations and Federal procedures contained in FNS notices and policy memos are available, upon request, for public review at the Central Office during regular working hours. State Plans of Operation, including specific planning documents such as the Corrective Action Plan are also available for review upon request. Requests should be directed to the Manager of Food Stamp Program, 12th Floor, Donaghey Building, at 7th and Main, Little Rock, Arkansas.

520General Program Information

Brochures or pamphlets describing basic financial and non-financial eligibility criteria, the application process, and participant rights and responsibilities are available to the public. These brochures or pamphlets will be distributed at DHS county offices, and will be available for local Social Security and ESD offices. Those offices will be contacted to enlist their cooperation in distributing the written information. Contact the Food Stamp Section, Slot 1240, to request the publications.

530Disclosure of Information From the Case Record

The use or disclosure of information obtained from food stamp households specifically for the Food Stamp Program is restricted to the following persons:

1.Persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act or regulations, other Federal assistance programs, or federally-assisted state programs which provide assistance on a means-tested basis to low income individuals;

2.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;

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3.Employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Title II and XVI of the Social Security Act;

4.Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law, and

5.Local, state or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act or regulations. The written request must include the identity of the individual requesting the information, and his authority to do so, the violation being investigated and the identity of the person upon whom the information is requested.

See EMSUM, Appendix K for IRS Confidentiality and Safeguard procedures.

540The Household's Access to its Case Record

If there is a written request by a responsible member of a household, the current authorized representative, or a person acting in the household's behalf to review the contents of a case record, the record will be made available for inspection during normal working hours. An DCO employee must be present.

The county office will withhold confidential information such as names of individuals who have disclosed information about the household without the household's knowledge. Information about the nature or status of pending criminal prosecutions will be withheld. Medical Review Team decisions - (DCO-109's) will also be withheld.

550Disclosure of Voter Registration Information

Public assistance agencies must collect data on the number of Arkansas Voter Registration Applications completed or declined at each agency. Additionally, agencies must collect any statistical evidence that the Secretary of State or the State Board of Election Commissioners deems necessary for program evaluation. Information about the number of individuals who declined to vote must be retained for a period of two years from the month of origin.

Information relating to the place where a person registered to vote, submitted a voter registration application or updated voter registration records, and information relating to declaration forms is confidential and will not be released.

Each county will devise and maintain a system that provides for the mailing of voter registration application forms and the retention of declaration forms. See FSC 211.3.

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DATE: 1-1-96

600Program Complaints

NOTE:The procedures for handling discrimination complaints are explained in FSC 700 - 722.

Any household has the right to complain about the service that it receives from the Department of Human Services (DHS). When a household believes that its participation in the Food Stamp Program has been adversely affected, it may:

a)Complain directly to the DHS County Office; or

b)Complain to the Central Office Client Assistance Unit; or

c)Request an administrative hearing; or

d)Select some other method of making a complaint.

No matter how the household elects to make a complaint, the complaint must be resolved and the household must be notified of the disposition of the complaint.

a)Complaints Submitted to the County DHS Office

When a household complains directly to the county office, county office personnel will assess the complaint. If it is possible for the county office to resolve the complaint, no additional action is required. If the county is unable to resolve the household's complaint, the household will be advised of its rights to contact the Client Assistance Unit or to request a fair hearing.

b)Complaints Submitted to the Client Assistance Unit

A household may contact the central office Client Assistance Unit by telephone or in writing to make a complaint. The address is:

Client Assistance Unit

Division of County Operations

P. O. Box 1437

Little Rock, AR 72203

The telephone numbers are:

Toll-Free 1-800-482-8988

Pulaski County - 682-8233

TDD - 682-8275

The address and phone number of the Client Assistance Unit must, at a minimum, be posted in each waiting area in the DHS County Office. In Pulaski County offices, the local Client Assistance number must be posted.

When Client Assistance receives a complaint, the Client Assistance Worker will complete an DHS-10, Complaint Report. The form will be routed according to its instructions.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

600 - 700 SUBJECT: PROGRAM COMPLAINTS/

DATE: 1-1-96 DISCRIMINATION COMPLAINTS

c)Administrative Hearing Requests

A household or its representative may request an administrative hearing by making any clear expression, oral or written, that it wishes to appeal a decision or to present its case to a higher authority. Full instructions for requesting a hearing may be found in FSC 16300-16400.

d)Other Methods of Making a Complaint

Some households choose to direct their complaints to public officials or to central office personnel other than Client Assistance. When a central office unit other than the Client Assistance Unit receives a complaint, a DHS-10 must be completed by the individual receiving the complaint. Civil Rights complaints will be routed to the DHS EEO Manager. See FSC 722 for the address. Other complaints will be routed according to form instructions. When public officials request information regarding a complaint, such requests must be honored. See FSC 510 for the policy on disclosure of information from a case record before answering such requests.

700Discrimination

No person in the United States will, on the grounds of race, color, national origin, age, sex, disability, political affiliation or religion be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the Food Stamp Program.

Specific acts of discrimination may include:

A)Denial of benefits or services to an individual or household on the basis of race, color, national origin, age, sex, disability, political beliefs, or religion; or

B)Distinction in the quality, quantity, or manner in benefits are provided on the basis of race, color, national origin, age, sex, disability, political beliefs, or religion; or

C)Segregation or separate treatment of individual in any manner related to the receipt of program benefits on the basis of race, color, national origin, age, sex, disability, political beliefs, or religion; or

D)Use of criteria or methods of administration which have the effect of defeating or impairing the objectives of the Food Stamp Program to serve all individual without regard to race, color, national origin, age, sex, disability, political beliefs, or religion; or

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

700 - 721 SUBJECT: DISCRIMINATION COMPLAINTS

DATE: 9-1-94

E)Selection of sites for certification and/or issuance offices which have the effect of excluding individuals based on race, color, national origin, age, sex, disability, political beliefs, or religion.

710Rude Treatment

The Department of Human Services will not condone rudeness, disrespect, or any other ill-treatment of program applicants/recipients or the general public. Any substantiated claim of ill-treatment of these individuals will be considered an non-compliance with DHS policies and procedures. Complaints of rude treatment will be handled in the same manner as discrimination complaints. See DHS Administrative Policy 1068.

720Filing a Complaint - Discrimination or Rude Treatment

Any individual who feels that he or she has been the victim of discrimination by DHS or by a DHS employee may file a complaint. Any individual who feels that he or she has been treated rudely by a DHS employee may also file a complaint.

Complaints may be filed in any DHS central office or county office location or with the Food and Consumer Services (FCS) Dallas Regional Office. Regardless of where the initial report of discrimination is received, agency employees must advise the complainant that a complaint may be filed with either the state or federal office or with both offices.

Any individual may make a complaint of discrimination in person, by telephone or in writing. The use of any form is not a prerequisite for the acceptance of a complaint. However, the individual may be encouraged to complete a Complaint Report (DHS-10).

All Complaints must be filed no later than 180 days from the date of the alleged discriminatory action.

Anyone who expresses an interest in filing a complaint may do so without fear or reprisal, intimidation, coercion and/or threats. No one will be adversely affected because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, review, proceeding or hearing under this policy.

721Contents of Complaint

A complaint of discrimination may be made in person, by telephone or by written communications.

Verbal -A complainant may make an allegation in person or through a telephone conversation and refuse or not be inclined to put the allegations in writing. If so, the person to whom the allegation was made must put the complaint in writing.

Written -If a complainant wishes to submit a written complaint, the complaint must be accepted as submitted.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

721 - 722 SUBJECT: DISCRIMINATION COMPLAINTS

DATE: 9-1-94

Every effort will be made to have the complainant provide the following information:

A)The name, address and telephone number or other means of contacting the complainant;

B)The specific location and name of the person or agency against who the complaint is being made;

C)The nature of the incident or action which made the complainant feel that discrimination was a factor;

D)An example of the treatment which is having a disparate effect on the public, applicants, or recipients;

E)The basis for the alleged discrimination, i.e. - age, religion, disability, political affiliation, veteran status, sex, race, color, or national origin;

F)Names, titles and business address of people who may have knowledge of the discriminatory action; and

G)The date on which the alleged discrimination occurred, or if continuing, the duration of the discrimination.

722Addresses

Complaints can be filed with either or both of the following agencies.

DHS EEO Manager

Arkansas Department of Human Services

Office of Equal Employment Opportunity

241 Donaghey Plaza South, Slot #203

P.O. Box 1437

Little Rock, AR 72203-1437

Telephone: (501) 682-6003

FAX : (501) 682-8962

TDD : (501) 682-7958

OR

Regional Director of Civil Rights

USDA, Food and Nutrition Services

1100 Commerce Street, Room 5C-30

Dallas, TX 75242-1005

Telephone: (214) 767-0580

FAX : (214) 767-5522

TDD : 1-800-753-2988

or

(214) 767-0241

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

730 - 740 SUBJECT: DISCRIMINATION COMPLAINTS

DATE: 9-1-94

730Delays in Reporting Discrimination

Discrimination complaints will normally be filed no later than 180 days from the date of the alleged discrimination. An extension of this time period may be requested in writing. The request must contain a reason for the delay.

740Racial/Ethnic Data Collection

Racial/Ethnic data is reported to FNS via the report, FNS 101, which is based upon participation in the food stamp program during July of each year. The FNS-101 is prepared automatically.

The racial ethnic categories are:

.White (not of Hispanic origin),

.Black (not of Hispanic origin),

.American Indian or Alaskan Native,

.Asian or Pacific Islander, and

.Hispanic.

Applicants will be asked to voluntarily indicate their race or ethnic background on the food stamp application. The application clearly states that providing such information is voluntary, that it will not affect eligibility or benefit amount, and that the information is requested to insure that benefits are distributed without regard to race or ethnic background. If the applicant declines to indicate their race or ethnic background, the caseworker will determine the proper category during the interview.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

800 - 801 SUBJECT: QUALITY CONTROL (Q.C.)

DATE: 5-1-95

800Quality Control (Q.C.)

DCO is required to conduct quality control reviews on a statistically valid sample of households participating in the Food Stamp Program and households for which participation was denied or terminated. The objectives of quality control reviews are to provide:

1.A systematic method of measuring the validity of the food stamp caseload;

2.A basis for determining error rates;

3.A timely, continuous flow of information upon which corrective action is based at all levels of administration;

4.A basic for establishing the state's liability for errors which exceed national standard; and

5.A basis for establishing eligibility for enhanced funding.

801Cooperation with Q.C.

A household will be determined ineligible if it refuses to cooperate when a Q.C. Review is being conducted. If a household's case is closed for refusal to cooperate in the Q.C. process, the household may reapply but cannot be determined eligible until:

1.The household cooperates with the Q.C. reviewer; or

2.Until January 3rd of the year that follows the end of the completed annual review period. The annual review period ends September 30th.

The household must provide verification of all eligibility requirements prior to certification.

Example:A household's food stamp case is being reviewed by Quality Control for the review month of April, 1990. The household refuses to cooperate with the reviewer. The annual review period ends on September 30, 1990. The household cannot be determined eligible until January 3, 1991. On January 10, 1990, the household reapplies and may be found eligible after all eligibility factors are re-verified.

If a household's case is closed for refusal to cooperate in the Federal Q.C. process, the household may reapply but cannot be determined eligible until:

1.The household cooperates with the Federal Q.C. reviewer; or

2.Until seven months after the end of the completed annual review period (April 30th). The annual review period ends on September 30th.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

801 - 810 SUBJECT: QUALITY CONTROL (Q.C.)

DATE: 5-1-95

The household must provide verification of all eligibility requirements prior to certification.

Example:A household's food stamp case is being reviewed by Federal Quality Control for the review month of March, 1990. The household refuses to cooperate with the reviewer. The annual review period ends on September 30, 1990 and the seven month period ends April 30, 1991. On May 5, 1991, the household reapplies and is found eligible after all eligibility factors are verified.

810The Selection Process

Cases are selected at random for Quality Control review. This referred to as a "Q.C. Pull". A Q.C. Pull is conducted each month for the previous month. This means that the September Q.C. Pull contains only denials or closures completed in August or cases on households who participated during the month of August. August will be considered the "review month". August 1st will normally be the "review date". Q.C. may consider another day within the review month the review date - for example, if an initial application was received in the review month, the date the application was certified becomes the review date.

Denials or closures are referred to as negative actions or negative cases. Cases on households who participated in the review month are called active cases.

Certain cases are not subject to the review process. These are cases in which:

1.All household members had died or moved out of the state before the review could be completed;

2.The household is receiving food stamps under a disaster certification authorized by FCS;

3.The household is under investigation for an intentional program violation with a pending administrative disqualification hearing;

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

810 - 830 SUBJECT: RESPONDING TO QUALITY

DATE: 3-15-88 CONTROL FOR CASE RECORDS

4.The household is appealing an adverse action when the review date falls within the time period covered by continuation of benefits pending a hearing decision; or

5.The household is not currently participating in the food stamp program, but did receive a restoration of food stamp benefits in the review month.

Certain negative actions are not subject to review. These are actions in which:

1.The household's case was closed due to expiration of its period of certification;

2.The household withdrew its application before approval or denial;

3.The household is under investigation for intentional program violation; or

4.All members of the household died or moved out of state before the review was completed.

820Responding to a Request by Quality Control for a Case Record

Quality Control assigns each of the cases listed on the Q.C. pull to a Q.C. reviewer who sends a memo to the appropriate county office requesting the case record. The county office will immediately enter the case name and number of a Quality Control log and send the case record to the reviewer no later than the next working days. The county office will not attempt to make any decision about whether the case is subject to review.

After reading the case and documenting certain information, the Q.C. reviewer returns the case record to the county office. If an error is found, the case must then be sent to the Central Office, Quality Control, Slot 501, to be presented to a committee of personnel from EMS Program Development and from EMS Field Operations. If this committee concurs with Q.C.'s decision, the review is considered complete.

830Prior Knowledge of the Case

The reviewer must not have prior knowledge of the case to be reviewed. Prior knowledge is defined as having:

1.Taken any part in the decision that has been made in the case; or

2.Had any discussion of the case with staff who participated in the decision; or

3.Had any personal knowledge of, or acquaintance with any household member.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

840 - 840 SUBJECT: REVIEWING ACTIVE CASES

DATE: 10-1-86

840Reviewing Active Cases

Active cases are defined as those which were certified prior to or during the review month and for whom benefits were issued during the review month.

The reviewer determines if the household was eligible during the review month. If the household was eligible during the review month, then the reviewer determines if the proper amount of food stamps were issued for that month. In order to accomplish this, the reviewer completes the following steps:

1. Examining the Case Record

During this examination the reviewer identifies specific facts related to the household's eligibility and basis of issuance of food stamps. If the reviewer determines the household is ineligible through a case review, then the review is considered complete at that point. If not, then the reviewer conducts a field investigation.

NOTE: It is considered improper for a reviewer either to question a case worker or to accept information not in the case record from the county office. The case record (including all online screens and reports) is considered the reviewer's only source of information about the county's action.

2.Conducting the Field Review

During the field review, the Q.C. reviewer obtains information about the household's actual circumstances during the interview month. The reviewer then verifies and documents this information. The two basic activities involved are interviewing the household and making collateral contacts. A worksheet is used to record the results of the field review.

3.Identifying Variances

Using information shown in the case record and information gathered during the field review, the reviewer determines if there are any differences between the information the reviewer has verified and information used by the county office to issue food stamps.

Example:If changes have occurred and have been reported or the county has not acted on a reported change within the proper timeframe, a variance will be determined.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

840 - 850 SUBJECT: CALCULATING CASE ERROR

DATE: 10-1-86 RATE

4.Making the Review Decision

The final step of the review is deciding whether or not the case is in error. The reviewer may determine that a variance has occurred, but he case will not be considered an error case unless the food stamp allotment was incorrect by at least $5.00. If the case is in error, the reviewer must determine the amount of the error and whether too many or too few food stamps were issued. The results will then be entered on the proper forms.

Any active case which contains a variance of at least $5.00 (over or under issuance) will be used in determining the case error rate for the county and state. A variance which caused the household to be ineligible for food stamps or to receive $5.00 or more in food stamps than they were entitled to receive will be used to calculate the dollar error rate for the county and state. Such errors are called overissuances and ineligibles. Case and dollar error rates are used to determine the quality of the operation of the program in a county.

Errors where the household received less food stamps than they were entitled to receive are called underissuances. Underissuances contribute to the case error rate, but not the dollar error rate.

850Calculating Case Error Rate

The following procedures will be used when calculating the case error rate for a specified period of time:

1.Total the number of complete Q.C. reviews;

2.Total the number of complete reviews in which an error (overissuance, underissuance or ineligibility) occurred;

3.Divide the total number of reviews with errors by the number of Q.C. reviews completed to determine the case error rate percentage.

Example:total Q.C. reviews completed 31

total overissued cases 3

total underissued cases 1

total ineligible cases 2

Total error cases (6) - total Q.C. reviews (31) = 19.35%

Case Error Rate - 19.35%

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

860 - 870 SUBJECT: CALCULATING DOLLAR ERROR

DATE: 10-1-86 RATE

860Calculating Dollar Error Rate

The following procedures will be used when calculating the dollar error rate for a specified period of time.

1.Obtain the total amount of food stamps issued in the cases upon which a review was completed. (Include all cases reviewed in the specified period of time).

2.Obtain the total amount of food stamps issued in error (overissued and ineligible cases). Note: Do not include underissued amounts when calculating a dollar error rate.

3.Divide the total amount of food stamps issued in error by the total food stamps issued to determine the dollar error rate.

Example:total food stamps issued 728

total food stamps overissued 25

total food stamps issued to 10

ineligible households

Overissued ($25) + $ ineligible ($10) = Total issued in error (35) - Total food stamps issued ($728) = 4.81% Dollar Error Rate.

870Reviewing Negative Cases

The reviewer examines the case record and verifies through documentation in the case file if the reason for the denial or closure is correct. When the case record alone provides acceptable documentation that the decision to deny or close was correct, the review is considered complete. If it is determined that the reason for denial or closure is incorrect, the reviewer determines if the household was actually ineligible at time of the action.

The reviewer may find it necessary to contact the household or collateral contacts. However, negative case reviews are generally limited to a review of the case record.

IF an error is found in a negative case, the county office must take the necessary steps to determine the household's eligibility. If the household is determined eligible for the review month (and in the case of closures, for subsequent months in the original certification period) benefits will be restored. See FSC 13300 for procedures for restoring food stamp benefits.

The error rate for negative cases is calculated separately from the error rate for active cases.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

880 - 890 SUBJECT: THE Q.C. LOG/

DATE: 4-1-92 Q.C. APPEAL PROCESS

880The Q.C. Log

Each county office must maintain a quality control log. This log will, at a minimum, contain the following information:

1.Case name;

2.Case number;

3.Case worker name;

4.Date the case was sent to Q.C.;

5.Date the case returned;

6.Review number;

7.Whether the case was in error or not;

8.Whether the error was attributed to the client or the agency;

9.The corrective action needed;

10.Date the response is due; and

11.The date the response was completed.

Each county office will design their own Q.C. log. The log may contain as much additional information as the county desires. The county office will use the log to determine the need for corrective action and to track the number of errors by individual workers so that the appropriate actions may be taken. The log will be monitored.

890The Q.C. Appeal Process

Upon notification by Quality Control that a selected case has been called in error, the county office will have the opportunity to appeal the findings if just cause can be established. Listed below are the requirements for appealing a case.

1.Just cause for appealing the case must be determined by the EMS county supervisor and the EMS field representative.

2.An appeal packet must be prepared. The packet must contain an narrative justification with specific policy references along with any supporting documentary evidence.

3.Within ten calendar days, the case record must be submitted along with the appeal to the Corrective Action Unit. The address is:

Administrator

Corrective Action

P. O. Box 1437

Room 305, Donaghey Plaza South

Little Rock, AR 72203

The entire appeal process must occur within the specified ten calendar day period. The ten day period begins with the date that Q.C. sends the error summary and appeal form to the county office. (This is the date Q.C. sends out the error summary and not the date the error summary is received in the county office.)

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

890 - 920 SUBJECT: AUTHORIZED REPRESENTATIVES

DATE: 4-1-92

All documentation for the appeal must be received by the Corrective Action Unit no later than the tenth day. If, in rare instances, the preparation of the appeal will require more than ten days, advance approval must be given by the Administrator of Corrective Action. Extensions granted will be limited to five days.

There may be a time period at the last of the calendar year when it will not be possible to allow counties a full ten day period to submit an appeal since the agency must meet federal Q.C. completion requirements.

On any case submitted for an appeal of a Q.C. error, adverse action on the matter under appeal will be delayed until a decision is rendered in the appeal. County offices will be notified of the decision via memorandum from the Administrator, Corrective Action.

900Authorized Representatives

An authorized representative (AR) is an individual designated by the head of the food stamp household, spouse, or other responsible household member to act on behalf of the food stamp household. Some residential facilities may serve as AR's for their residents. The authorized representative may:

1.Make application for the program;

2.Be interviewed for the household; and

3.Use food stamps to purchase food for the household.

910Who May be an Authorized Representative

An AR must be an adult who is knowledgeable about the food stamp household's circumstances and who has not been disqualified in accordance with FSC 970 from serving as an AR in Food Stamp Program.

920Who May Not be an Authorized Representative

Individuals to whom at least one of the following restrictions apply may not be an AR in the Food Stamp Program.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

920 - 930 SUBJECT: LIABILITY

DATE: 5-15-87

1.Employees of the Division of Economic and Medical Services who are involved in certification or issuance processes may not be an AR.

2.Retailers authorized to accept food coupons may not be an AR with the following exception.

Exception:Either of these two classes of individuals may act as authorized representatives if the EMS Supervisor determines that no one else is available to serve as an AR and gives that individual specific written approval.

3.Individuals disqualified for an intentional program violation may not act as an AR during the period of disqualification with the following exception.

Exception:The disqualified individual is the only adult member of the household able to act on the household's behalf. The county office will determine that no one else is available to serve as an AR. Once this has been established, the county office will make separate determinations on whether this individual is needed to apply on behalf of the household or to use the food stamps to purchase food for the household. For example, the household may be able to find someone else to apply on its behalf for food stamps, but be unable to find anyone to purchase food regularly with the food stamps. If the county office is unable to find someone to serve as an AR to purchase food with the food stamps, the disqualified individual will be allowed to do so.

4.A homeless meal provider may not be an AR. (A homeless meal provider is an establishment such as a soup kitchen or a temporary shelter that feeds homeless persons. A full definition of a homeless meal provider may be found in the Glossary.)

930Liability

The caseworker will inform the household that it will be held liable for any overpayments resulting from erroneous information given by the AR.

Exception:A private non-profit organization, institution or group living arrangement that serves as an AR will be responsible for any misrepresentation or fraud which it knowingly commits in the certification of facility residents. See FSC 980 for details on centers as AR's.

The household will also be informed that since it is liable for the information provided by the AR, it should either complete the

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

930 - 950 SUBJECT: PURPOSE OF PROGRAM/

DATE: 10-1-86 USE OF FOOD STAMPS

application or review the information on the application before the application is submitted. Since organizations or institutions serving as AR's are liable for erroneous information, the individual from the institution who will be interviewed, will be advised to carefully review the application with the resident before it is submitted to the county office.

940Records of AR's

The county office will ensure that AR's are properly designated. The AR's name must appear in the household's case record. The food stamp application (SS-220) contains a section for the household to enter the AR's name , address and telephone number. The household may also submit a signed, dated statement containing the AR's name, address and telephone number which clearly states that the household wants this individual to serve as its AR. The AR will sign the household's Food Coupon Identification Card, SS-236 (Green) or SS-235 (Orange).

If the AR has completed and signed an application and the validity of the application is questionable, the caseworker will obtain a note signed by the head of the household, spouse or other responsible household members indicating that the household wants this individual to serve as its AR. If the head of household, spouse or other responsible household member is unable to complete and/or sign the note, then the caseworker will attempt to contact the household by telephone to confirm the AR. If telephone contact cannot be made, an interview with the AR in the household's home may be considered.

950Controls on AR's

Limits may not be placed on the number of households that an AR may represent. However, county offices should be alert for situations where AR's have access to large amounts of food stamps. An example of this type of situation is a farmer who may employ and serve as an AR for migrant and seasonal farm workers. In such situations the county office should attempt to assure that:

1.The household has freely requested the assistance of the AR;

2.The household's circumstances are correctly represented;

3.The household is receiving the full amount of its food stamp allotment, and

4.The authorized representative is properly using the food stamps.

An assessment of the situation may be made by contacting the households involved, if possible. If it is not possible to contact the households, or if the households fear reprisal, the county office may attempt to contact collateral contacts who may have knowledge of the situation.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

950 - 970 SUBJECT: VERIFYING THE IDENTITY

DATE: 10-1-86 OF AN AR

County Offices which suspect an AR is using a household's food stamps improperly will report the circumstances to the Central Office, Food Stamp Section, who will relay the report to FCS.

No formal control procedures are mandated for county offices. If a county office has historically had problems with AR abuse of the Food Stamp Program, or if a problem appears to be developing in this area, a control procedure may be advised by the EMS Supervisor.

960Verifying the Identity of an AR

If an AR applies on behalf of a household, the identity of both the AR and the head of the household must be verified. Any document which reasonably establishes the identity of the AR must be accepted. Examples of such documents are a driver's license, a work or school ID, an ID for health benefits or other assistance, voter registration card, wage stubs, or birth certificate. A collateral contact may be made if documentary evidence is unavailable.

970Disqualifying AR's

IF a county office obtains evidence that an AR has misrepresented a household's circumstances and has knowingly provided false information about the household, or has used the household's food stamps improperly, the EMS Supervisor may disqualify that individual. If disqualified, that individual may not serve as an AR in the Food Stamp Program for a period of up to one year. The exact period of time will be left to the discretion of the EMS Supervisor as long as it does not exceed one year.

To disqualify an AR, the county office will send a letter to both the AR and the household that the AR has been representing. The letter will be sent 30 days prior to the date of the disqualification and will contain:

1.The proposed action (disqualification);

2.The reason for the disqualification;

3.The household's right to request a fair hearing;

4.The telephone number of the county office; and

5.If possible, the name of the person to contact for additional information.

NOTE:This provision does not apply to any residential treatment centers or group homes which act as AR's for their residents. See FSC 986 for information on disqualification of these facilities.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

980 - 984 SUBJECT: INSTITUTIONS AS AR'S

DATE: 5-1-95

980Residential Facilities as AR's

Residents of certain classes of residential facilities may choose to participate in the Food Stamp Program if the facility has been authorized by FNS or the appropriate state agency. The agency or agencies authorizing the facility must have determined that the facility is a non-profit organization. Residents of the following classes of facilities may apply for food stamps as stipulated below.

981Drug and Alcoholic Treatment Centers

A resident of a drug or alcoholic treatment center must apply and be certified for food stamps through an AR who is an employee of the center and designated in writing by the private non-profit organization or institution administering the treatment program. Children who live with their parents in a treatment center may be included in the parent's food stamp case.

982Group Living Arrangements

Residents of a group living arrangement as deinfed in the Glossary under "Group Living Arrangement" have three options in applying for food stamps. They are:

1.Apply and be certified as a one-person household through an AR employed by and designated in writing by the group living arrangement;

2.Apply themselves and be certified on their own behalf if they are capable; or

3.Apply and be certified through an AR of their choice.

The group living arrangement will have the discretion of deciding if a resident may apply for food stamps on his own behalf. This decision will be based upon the resident's physical and mental ability to handle his business.

983Shelters for Battered Women and Children

Women or women with their children who are temporarily residing in shelters for battered women and children may apply for food stamps and be certified without the use of an AR. Shelter residents do have the option of appointing an AR. The AR may be an individual of the resident's choice. If the resident cannot appoint an AR and will be endangered by leaving the shelter, the shelter may appoint a shelter employee or a volunteer to act as an AR.

984Responsibilities and Liabilities

Any organization, institution, or group living arrangement which serves as an AR is responsible for any misrepresentation or fraud knowingly committed when resident households are approved for food stamps. For

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

984 - 985.1 SUBJECT: WHEN A RESIDENT

DATE: 5-1-95 LEAVES A FACILITY

this reason the employee designated to serve as the AR must be familiar with each resident's household situation and must carefully review each food stamp application with the household before submitting the application to the county office.

The facility will also be strictly liable for all losses or misuse of food stamps held on behalf of resident households and for all overissuances which occur while the resident households are residing in the facility and are represented by that facility with the following exceptions.

Exception 1 -Residents of group living arrangements applying on their own behalf are responsible for overissuances as would be any other household.

Exception 2 -Residents of shelters for battered women and children are responsible for any misinformation and/or overissuances even if they were certified through the use of an AR.

985When a Resident Leaves a Facility

When a resident household leaves a facility, that facility may no longer serve as the AR. For specific instructions about AR responsibilities see FSC 985.1-985.3.

985.1Drug/Alcoholic Treatment Centers

A treatment center must always take the following steps when residents leave.

1.Provide the household with its food stamp ID card (DCO-235 or DCO-236).

2.Provide the household with a share of its food stamp (if any have been issued) as described below:

If the food stamps have not been mailed when the household leaves the center, the center should contact the county to stop the food stamps. The entire issuance must be returned to the county office or Central Mail Issuance if the food stamps could not be stopped. (The county office will return the food stamps to Central Mail Issuance). If the household's new address is known, the food stamps will be remailed to that address after the county requests the remail via the WFMO screen.

If the food stamps have been mailed, the center will provide the household with a share of its food stamps as described below:

a.If no food stamps have been spent on behalf of the household, the entire allotment will be provided to the household at any time during the month.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

985.1 -985.2 SUBJECT: GROUP LIVING ARRANGEMENTS

DATE: 10-1-86

b.If any portion of the food stamps have been spent on behalf of the household and the household leaves the center before the 16th day of the month, the center will provide the household with one half of its food stamp allotment.

c.If the household leaves the center on or after the 16th day of the month, the household does not receive any food stamps. Food Stamps which have not been spent will be returned to the county office.

NOTE:The following procedures will be used to determine date mailed.

For Daily Issuance - Check the WFTD, Food Stamp History Screen. Determine the date of extract. This will be considered the date mailed.

For Regular FSMO - Check the most recent mail schedule as provided via the message screen, WMMA.

3.If the resident household has additional months remaining the period of certification, the center will give the household a DCO-234, Change Report Form, and a business reply mail envelope. The household will be instructed to return the form as quickly as possible, but no later than ten days after leaving the center. The local county office may be contacted for a supply of forms and envelopes.

NOTE:The center must return to the county office any food stamps or ID cards not provided to departing resident household.

Centers should maintain a pool of food stamps to fulfill the responsibilities described in this section.

985.2Group Living Arrangements

When the resident household leaves the facility, the group living arrangement (either acting as an AR or retaining use of the food stamps on behalf of the residents) will provide the household with its ID card. The household, not the group living arrangement, will receive any remaining authorized food stamp benefits. In addition, if the group living arrangement has retained the food stamps, the facility will:

1.Provide the household with its full allotment if food stamps have been issued but none have been spent on behalf of the household. If a group of residents have been certified as one household and have returned the coupons to the facility to use, the departing members will be given a pro rata share of the food stamp allotment. These procedures are applicable at any time during the month.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

985.2 - 986 SUBJECT: SHELTERS FOR BATTERED

DATE: 10-1-86 WOMEN AND CHILDREN

The local county office may be contacted to determine the date extracted for issuance. See FSC 14200 or 14230 for instructions on determining the date mailed.

2.Provide the household with one-half of its food stamp allotment if: a) food stamps have been extracted, and b) any portion of the allotment has been used on behalf of the household, and c) the household leaves before the 16th of the month.

If a group of residents have been certified as one household and have returned the coupons to the facility to use, the departing members will be given a pro rata share of one half of the total food stamp allotment.

3.No food stamps will be provided if the household leaves on or after the 16th of the month and the food stamps have been spent on behalf of the household.

In addition, households whose period of certification for food stamps has not expired will be issued an SS-234, Change Report Form, with a business reply mail envelope. The household will be instructed to submit the form as quickly as possible to the appropriate county office. The form must be submitted within 10 days from the day the resident household left the group living arrangement. Forms and envelopes may be obtained from the local county office.

At the end of each month, the group living arrangement will return to the county office any food stamps not provided to departing resident households. These include food stamps not provided to resident households who left before the 16th of the month without notifying the group living arrangement. Also included are food stamps not spent, but not provided to the resident household because they left on or after the 16th of the month.

985.3Shelters For Battered Women and Children

Residents of shelters for battered women and children will retain control of their food stamp allotments and ID cards even if certified through an AR. Any remaining food stamps will be taken by the household when it leaves the shelter.

986Disqualification of Treatment Centers and Group Living Arrangements

FNS will determine whether a facility will be disqualified. When it is determined administratively or judicially that the facility has misappropriated or used food stamps for purposes not contributing to a certified household's meals, the facility may be penalized.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

986 SUBJECT: DISQUALIFICATIONS/TREATMENT

DATE: 10-1-86 CENTERS & GROUP LIVING ARRANGEMENTS

The county office will promptly notify the Central Office Food Stamp Section in writing when it believes that a facility is misusing food stamps. The Food Stamp Section will, in turn, notify FNS when it has reason to believe that the facility is misusing food stamps.

No action will be taken by the state against the facility before FNS takes action. If FNS disqualifies an organization or institution as an authorized retail store, the County Office will be notified of this action by the Food Stamp Section. The County Office will then suspend the violator's status as an AR for the same time period as instructed in FSC 970.

If a group living arrangement has its status as an AR suspended by FNS, residents applying in their own behalf may still participate.

A claim will be established against the facility for overissuances of food stamps held for resident households if such overissuances are discovered during an FNS investigation or hearing.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

990-995 SUBJECT: FRAUD INVESTIGATIONS

DATE: 7-1-94

990Purpose

The Fraud Investigations Unit identifies, investigates, and refers for prosecution any individual accused of committing Theft of Property or Theft of Public benefits as defined by state law. This includes Agency staff, recipients, providers, or other persons who deliberately violate the rules and regulations of DHS to defraud the state. Fraud Investigations prepares the Administrative Disqualification File on persons accused of committing an intentional program violation.

991Organization

The Fraud Investigations Unit is organizationally located within the Office of Chief Counsel, Program Services Section.

992Functions

The Fraud Investigations Unit has the following major functions:

.Review the case record and independently verify information contained in the file to determine if a criminal investigation is warranted.

.Investigate to gather evidence in cases where there is a probability that a fraudulent act was committed.

.Refer to the prosecutor if facts are obtained which indicate that the accused person, by deception, received DHS monies/benefits to which he/she was not entitled.

993Referral Sources

Reports of suspected fraud may be received from any source within the Department of Human Services, the general public, public officials, or other public agencies, or by the Fraud Investigations Unit, itself.

994Reporting Suspected Fraud

Criteria for reporting suspected fraud:

.the suspected fraudulent act(s) resulted in a cumulative overpayment of $200 or more.

.cases in which the client is receiving assistance in two or more names, counties or states.

Referrals from DHS sources in which an overpayment has not been established are referred to the Fraud Investigations Unit via DHS-1700.

995Review of Case

When a referral is made to the Fraud Investigations Unit, the circumstances will be reviewed to determine if the case warrants investigation toward criminal prosecution.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

995-996 SUBJECT: FRAUD INVESTIGATIONS

DATE: 7-1-94

If one or more of the following facts are present, the case will not be referred for prosecution:

.total amount of the overpayment resulting from the alleged fraud is $200;

.age/education of the suspect is not conducive to proving criminal intent;

.statute of limitations has run on all evidence referred;

.recipient is permanently residing out of state.

If one or more of the following facts are present, the decision to investigate lies with the Director of Fraud Investigations:

.fraud is not evident in referred material;

.fraud resulted from failure to report child support payments;

Cases containing one or more of the above facts may be referred for an Administrative Disqualification Hearing. Decisions will be made on a case by case basis as the evidence supporting the case dictates.

996Case Accepted for Investigation

The following procedures will be completed for reports of suspected fraud that warrant criminal prosecution:

1.The case record and any other pertinent information concerning the suspected recipient will be requested from the County Administrator. DHS offices, sections, and units must release any requested information to the Fraud Investigations Unit.

2.The investigator assigned to the case will:

A.examine the case record and/or any other records on file within or outside DHS for suspected false statements of clients, providers or other persons;

B.conduct a systematic inquiry to determine validity of allegations of criminal conduct; such investigation may entail interviewing caseworkers with knowledge of the case, providers, division staff, and the suspect for any accounts of alleged conduct;

C.determine the net amount of the overpayment which resulted from the fraudulent act within the criminal statute of limitations or within time frames set out in overpayment policy for cases referred for an Administrative Disqualification Hearing;

D.examine the Medicaid profile of the client to determine applicable overpayment;

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

996-997 SUBJECT: FRAUD INVESTIGATIONS

DATE: 6-1-96

E.prepare a written, documented report at the completion of the investigation for referral to the Prosecutor;

F.complete the DHS-1208 for referral for an Administrative Disqualification Hearing;

G.administratively close the investigation if, at any stage of the inquiry, the investigative staff determines that the case is not suitable for prosecution or for referral for an Administrative Disqualification Hearing;

H.notify the DHS referral source of the disposition of the investigation and return copies of the case record to the County Office.

997Disposition of Investigations

The Fraud Investigations Unit will notify the County ES Supervisor of the initial disposition of each referral.

For cases referred for prosecution, the Fraud Investigations Unit will:

-request the Prosecuting Attorney to file charges and send a copy of the request to the County Office; and

-advise the Overpayment Unit of the factual basis for the overpayment as well as submit overpayment calculation documents.

For cases referred for an Administrative Disqualification Hearing, the Fraud Investigations Unit will prepare a DHS-1208 to the Overpayment Unit for determination of whether or not the cases should be referred to Appeals and Hearings for an Administrative Disqualification Hearing.

For cases containing a signed Waiver of Hearing and Disqualification Agreement (Form DHS-267) the Fraud Investigations Unit will:

advise the County Office and the Overpayment Unit of the facts of the case, send a copy of the DHS-267, and, if negotiated, a copy of the Repayment Agreement. Unless the Fraud Investigations Unit can reasonably expect to get a waiver packet to the county by the 20th of the month, imposition of the penalty will be delayed by the Fraud Investigations Unit until the following month. See FSC 16830.

For cases administratively closed, the Fraud Investigations Unit will:

forward a memo to the County Office and the Overpayment Unit explaining the reason for the closure. If an overpayment has been calculated, these documents will be forwarded to the Overpayment Unit.

FOOD STAMP CERTIFICATION MANUAL SECTION: GENERAL PROVISIONS

997-998 SUBJECT: FRAUD INVESTIGATIONS

DATE: 7-1-94

The final disposition of cases adjudicated by the court will be furnished to the County EMS supervisor and the Overpayment by the memorandum from the Director of the Fraud Investigations Unit.

998Decision to Prosecute

The Director of the Fraud Investigations Unit will present to the Prosecuting Attorney of jurisdiction the original investigative report of those cases deemed worthy of prosecution. The prosecutor has sole discretion to either prosecute, accept repayment in lieu of prosecution, or decline to prosecute.