Okla. Admin. Code § 340:50-15-7

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

Section 340:50-15-7 - Collection effort suspension or termination

(a)Collection effort suspension. The Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) Unit:

(1) suspends collection action on cases no longer receiving Supplemental Nutrition Assistance Program (SNAP) food benefits when the:

(A) primary responsible household member is deceased and there are no remaining adult household members responsible for the overpayment;

(B) household cannot be located; or

(C) cost of further collection action is likely to exceed the amount that can be recovered.

(2) AFS BIR Unit may:

(A) reopen debts held in suspension based on changes in household circumstances; or

(B) initiate food benefit reduction if the client reapplies and becomes eligible in the future.

(b)Termination of overpayment claims. Per Section 273.18(e)(8) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.18(e)(8):

(1) a terminated overpayment claim is a claim in which all collection action has ceased;

(2) a written-off claim is a claim no longer considered a receivable subject to continued federal and state collection and reporting requirements;

(3) when an overpayment claim is paid in full, the household is notified the debt was satisfied.

(4) AFS BIR Unit staff may terminate and write off SNAP overpayment claim(s) when:

(A) all adult household members die;

(B) the claim balance is $25 or less and the claim has been delinquent for 90-calendar days or more unless other claims exist against this household resulting in an aggregate claim total of greater than $25;

(C) the claim is delinquent for three years or more unless AFS BIR Unit is pursuing the claim through the Treasury Offset Program, per 7 C.F.R. § 273.18(n) and Oklahoma Administrative Code 340:50-15-6(h);

(D) the household cannot be located for three or more years;

(E) the claim is determined invalid unless it is appropriate to pursue a different claim type; or

(F) it is not cost effective to pursue the claim any further, per FNS approved cost-effectiveness criteria.

(5) AFS BIR may reinstate a terminated and written-off claim when a new collection method or specific event, such as lottery winnings, substantially increases the likelihood of further collections.

Okla. Admin. Code § 340:50-15-7

Amended at 8 Ok Reg 3463, eff 7-31-91 (emergency); Amended at 9 Ok Reg 3945, eff 6-10-92 (preemptive); Amended at 9 Ok Reg 2473, eff 6-25-92 ; Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 147, eff 9-14-92 (preemptive); Amended at 10 Ok Reg 1821, eff 5-13-93 ; Amended at 12 Ok Reg 1577, eff 1-27-95 (emergency); Amended at 12 Ok Reg 2443, eff 6-26-95 ; Amended at 19 Ok Reg 395, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1119, eff 5-13-02 ; Amended at 25 Ok Reg 1329, eff 6-1-08 ; Amended at 30 Ok Reg 685, eff 6-1-13

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022