Okla. Admin. Code § 340:50-9-4

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

Section 340:50-9-4 - Delayed applications

(a)Delayed applications. When applications are not approved or denied by the 30th-calendar day, they are considered delayed applications. On the 30th-calendar day following the application date, every delayed application is assessed to determine whether Oklahoma Human Services (OKDHS) or the household caused the delay. The purpose of this assessment is to determine:

(1) whether to immediately deny the application or leave it pending in application status; and

(2) what date to certify benefits if the household is determined eligible at a later date.

(b)Delay caused by OKDHS. When OKDHS causes the processing delay, the application remains in pending status. At the end of the first 30-calendar days, the worker sends the household Form 08MP038E, Client Notice of Action Taken, explaining why the application is still pending. If the household is later determined eligible, food benefits are approved back to the date of application. OKDHS caused delays include, but are not limited to, the circumstances in (1) through (6) of this subsection.

(1) The household did not complete an interview within 30-calendar days of the application date, and OKDHS did not send Form 08AD091E, Interview Notice, and the Notice of Missed Interview to the household on or before the 20th-calendar day following the date of application.

(2) OKDHS interviewed the household, but the household subsequently failed to provide the required verification. During the interview process, the worker did not provide Form 08AD092E, Client Contact and Information Request, to the household and explain:

(A) what factors must be verified;

(B) what is considered acceptable verification; and

(C) the date verification must be supplied.

(3) The worker did not offer to assist the household in obtaining the verification or offered assistance but failed to follow through on collateral contacts or release of information.

(4) The worker discovered that additional information was required after the interview, but the household did not have 10 -calendar days between the verification request and the 30th-calendar day of the application to provide the verification.

(5) OKDHS failed to interview the household when the household requested an interview during business hours.

(6) The household provided all the required verification on or before the 30th-calendar day and the application was not approved or denied timely.

(c)Delay caused by the household. When the household causes the processing delay, the application must be denied by the 30th-calendar day. The household receives a computer-generated denial notice. When the household provides the required verification in the second 30-calendar days, a new application is not required. If the household is determined eligible, the food benefit allotment is prorated from the date the household provided the verification. Household caused delays include, but are not limited to, the circumstances in (1) through (3) of this subsection.

(1) OKDHS sent Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day following the application date. The household was interviewed and subsequently failed to provide the required verification. The worker provided the household with Form 08AD092E showing required verification, offered to assist the household in obtaining the verification, and allowed the household 10-calendar days to provide the verification.

(2) The household received Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day, and a worker interviewed the household after the 20th-calendar day but on or before the 30th-calendar day. The household did not provide all the required verification by the 30th-calendar day.

(3) OKDHS sent Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day following the application date, but household did not complete an interview over the telephone within 30-calendar days of the application date.

Okla. Admin. Code § 340:50-9-4

Amended at 8 Ok Reg 3475, eff 7-31-91 (emergency); 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 1821, eff 5-13-93 ; Amended at 20 Ok Reg 872, eff 6-1-03 ; Amended at 29 Ok Reg 794, eff 7-1-12 ; Amended at 30 Ok Reg 678, eff 6-1-13

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/14/2024