Okla. Admin. Code § 340:50-1-6

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

Section 340:50-1-6 - Disclosure of household and public information

(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.

Okla. Admin. Code § 340:50-1-6

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

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021