cfr_sections
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18 rows where part_number = 272 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:4.1.1.3.20.0.1.1 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.1 General terms and conditions. | FNS | [Amdt. 132, 43 FR 47884, Oct. 17, 1978] | (a) Coupons do not reduce benefits. The coupon allotment provided any eligible household shall not be considered income or resources for any purpose under any Federal, State, or local laws including, but not limited to, laws on taxation, welfare, and public assistance programs. No participating State or political subdivision shall decrease any assistance otherwise provided an individual or individuals because of the receipt of a coupon allotment. (b) No sales taxes on SNAP purchases. (1) A State shall not participate in SNAP if State or local sales taxes or other taxes or fees, including but not limited to excise taxes, are collected within the State on purchases made with SNAP coupons. “Purchases made with food coupons” for purposes of this provision shall refer to purchases of “eligible foods” as defined in § 271.2. Where the total value of groceries being bought by the recipient is larger than the amount of coupons being presented by the recipient, only the portion of the sale made in exchange for SNAP benefits must be exempt from taxation in order for a State to satisfy the requirements of this provision. Although a SNAP recipient may use a combination of cash and SNAP benefits in making a food purchase, only the dollar amount represented by the food coupons needs to be exempt from taxation. (2) State and/or local law shall not permit the imposition of tax on food paid for with coupons. FNS may terminate the issuance of coupons and disallow administrative funds otherwise payable pursuant to part 277 in any State where such taxes are charged. Action to disallow administrative funds shall be taken in accordance with the procedures set forth in § 276.4. (3) A State or local area which taxes some, but not all, eligible food items shall ensure that retail food stores in that locale sequence purchases of eligible foods paid for with a combination of coupons and cash so as to not directly or indirectly charge or assign a tax to SNAP recipients on eligible food items purchased with coupons. Prohibited methods … | |||||
| 7:7:4.1.1.3.20.0.1.10 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.10 ADP/CIS Model Plan. | FNS | [Amdt. 284, 52 FR 35226, Sept. 18, 1987, as amended by Amdt. 356, 59 FR 29713, June 9, 1994] | (a) General purpose and content —(1) Purpose. All State agencies are required to sufficiently automate their SNAP operations and computerize their systems for obtaining, maintaining, utilizing and transmitting information concerning SNAP. Sufficient automation levels are those which result in effective programs or in cost effective reductions in errors and improvements in management efficiency, such as decreases in program administrative costs. Thus, for those State agencies which operate exceptionally efficient and effective programs, a lesser degree of automation may be considered sufficient than in other State agencies. In order to determine a sufficient level of automation in each State, each State agency shall develop an ADP/CIS plan. FNS may withhold State agency funds under § 276.4(a) for failure to submit an ADP/CIS plan in accordance with the deadlines for submission, for failure to make appropriate changes in their ADP/CIS plan within 60 days of their receipt of FNS comments, or for failure to implement the approved ADP/CIS plan in accordance with the dates specified therein, unless extensions of time or deviations from the plan or schedules have been approved by FNS. (2) Content. In developing their ADP/CIS plans, State agencies shall use one of the following three formats: (i) State agencies which are sufficiently automated in each area specified in § 272.10(b) may provide a single certification statement that they are sufficiently automated in each area. (ii) State agencies which are sufficiently automated in some, but not all, areas specified in § 272.10(b) shall submit an ADP/CIS plan which consists of two parts. The first part would be the State agency's certification as to the areas in which they are sufficiently automated. The second part would describe the areas of § 272.10(b) which the State agency has not automated or, in its opinion, has not automated sufficiently and include the State agency's plans for sufficiently automating these areas. State agencies shall include a description … | |||||
| 7:7:4.1.1.3.20.0.1.11 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.11 Systematic Alien Verification for Entitlements (SAVE) Program. | FNS | [53 FR 39440, Oct. 7, 1988, as amended at 65 FR 33439, May 24, 2000; Amdt. 388, 65 FR 70193, Nov. 21, 2000; 84 FR 15093, Apr. 15, 2019] | (a) General. A State agency shall use an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b-7) to verify the eligible status of all aliens applying for SNAP benefits. USCIS maintains the Systematic Alien Verification for Entitlements (SAVE) Program to conduct such verification. (b) Agreements. (1) Prior to implementing the SAVE Program, the State agency shall execute an agreement with USCIS. The agreement shall specify the information to be exchanged and the procedures which will be used in the exchange of information. (2) The agreement shall cover at least the following areas: (i) Identification of positions of all agency officials with authority to request immigration status information; (ii) Identification and location of all SAVE access points covered by the agreement; (iii) For automated SAVE verification through access to the Alien Status Verification Index (ASVI), a description of the access method and procedures; (iv) For secondary verification as described in paragraph (d) of this section, the locations of USCIS District Offices to which verification requests will be directed; (v) The safeguards limiting release or redisclosure as required by State or Federal law or regulation as discussed in § 272.1(c) and as may be required by other guidelines published by the Secretary; and (vi) Reimbursement or billing agreements for ongoing SAVE operational costs, as well as any developmental costs associated with establishing access to the ASVI database. (c) Use of data. The State agency shall use information obtained through the SAVE Program only for the purposes of: (1) Verifying the validity of documentation of alien status presented by an applicant; (2) Verifying an individual's eligibility for benefits; (3) Investigating whether participating households received benefits to which they were not entitled, if an individual was previously certified to receive benefits on the basis of eligible alien status; and (4) Assisting in or con… | |||||
| 7:7:4.1.1.3.20.0.1.12 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.12 Computer matching requirements. | FNS | [77 FR 48055, Aug. 13, 2012] | (a) General purpose. The Computer Matching and Privacy Protection Act (CMA) of 1988, as amended, addresses the use of information from computer matching programs that involve a Federal System of Records. Each State agency participating in a computer matching program shall adhere to the provisions of the CMA if it uses an FNS system of records for the following purposes: (1) Establishing or verifying initial or continuing eligibility for Federal Benefit Programs; (2) Verifying compliance with either statutory or regulatory requirements of the Federal Benefit Programs; or (3) Recouping payments or delinquent debts under such Federal Benefit Programs. (b) Matching agreements. State agencies must enter into written agreements with USDA/FNS, consistent with 5 U.S.C. 552a(o) of the CMA, in order to participate in a matching program involving a USDA/FNS Federal system of records. (c) Use of computer matching information. (1) A State agency shall not take any adverse action to terminate, deny, suspend, or reduce benefits to an applicant or recipient based on information produced by a Federal computer matching program that is subject to the requirements of the CMA, unless: (i) The information has been independently verified by the State agency (in accordance with the independent verification requirements set out in the State agency's written agreement as required by paragraph (b) of this section) and a Notice of Adverse Action or Notice of Denial has been sent to the household, in accordance with § 273.2(f); or (ii) The Federal agency's Data Integrity Board has waived the two-step independent verification and notice requirement and notice of adverse action has been sent to the household, in accordance with § 273.2(f) of this chapter. (2) A State agency which receives a request for verification from another State agency, or from FNS pursuant to the provisions of § 273.16(i) of this chapter shall, within 20 working days of receipt, respond to the request by providing necessary verification (including copies of… | |||||
| 7:7:4.1.1.3.20.0.1.13 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.13 Prisoner verification system (PVS). | FNS | [77 FR 48055, Aug. 13, 2012, as amended at 82 FR 2035, Jan. 6, 2017] | (a) General. Each State agency shall establish a system to monitor and prevent individuals who are being held in any Federal, State, and/or local detention or correctional institutions for more than 30 days from being included in a SNAP household. (b) Use of match data. State prisoner verification systems shall provide for: (1) The comparison of identifying information about each household member, excluding minors, as that term is defined by each State, and one-person households in States where a face-to-face interview is conducted, against identifying information about inmates of institutions at Federal, State and local levels; (2) The reporting of instances where there is a match; (3) The independent verification of match hits to determine their accuracy; (4) Notice to the household of match results. The State must use the procedures laid forth in § 273.12(c)(3)(iii) of this chapter; (5) An opportunity for the household to respond to the match prior to an adverse action to deny, reduce, or terminate benefits; and (6) The establishment and collections of claims as appropriate. (c) Match frequency. State agencies shall make a comparison of match data for adult household members at the time of application and at recertification. States that opt to obtain and use prisoner information collected under Section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) shall be considered in compliance with this section. States shall enter into a computer matching agreement with the SSA under authority contained in 42 U.S.C. 405(r)(3). | |||||
| 7:7:4.1.1.3.20.0.1.14 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.14 Deceased matching system. | FNS | [77 FR 48055, Aug. 13, 2012, as amended at 82 FR 2035, Jan. 6, 2017] | (a) General. Each State agency shall establish a system to verify and ensure that benefits are not issued to individuals who are deceased. (b) Data source. States shall use the SSA's Death Master File, obtained through the State Verification and Exchange System (SVES) and enter into a computer matching agreement with SSA pursuant to authority to share data contained in 42 U.S.C. 405(r)(3). (c) Use of match data. States shall provide a system for: (1) Comparing identifiable information about each household member against information from databases on deceased individuals. States shall make the comparison of matched data at the time of application and no less frequently than once a year. (2) The reporting of instances where there is a match; (3) The independent verification of match hits to determine their accuracy; (4) Notice to the household of match results. The State must use the procedures laid forth in § 273.12(c)(3)(iii) of this chapter; (5) An opportunity for the household to respond to the match prior to an adverse action to deny, reduce, or terminate benefits; and (6) The establishment and collection of claims as appropriate. | |||||
| 7:7:4.1.1.3.20.0.1.15 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.15 Major changes in program design. | FNS | [81 FR 2739, Jan. 19, 2016] | (a) States' reporting of major changes. (1) State agencies shall notify FNS when they make major changes in their operation of SNAP. State agencies shall notify FNS when the plans for the change are approved by State leadership, but no less than 120 days prior to beginning implementation of the change or entering into contractual obligations to implement any proposed major changes. If it is not possible for a State to provide notification 120 days in advance, the State shall provide notification as soon as it is aware of the major change and explain why it could not meet the 120-day requirement. No approval from FNS is necessary for a State to proceed with implementation of the major change. (2) Major changes shall include the following: (i) Closure of any local office that performs major functions for 750 or more SNAP households or 5 percent of the State's total SNAP monthly caseload, whichever is less, and there is not another office available to serve the affected households within 35 miles. An office performing major functions is an office where households can file an application for SNAP in person and receive assistance from merit system personnel staff. (ii) Substantial increased reliance on automated systems for the performance of responsibilities previously performed by State merit system personnel (as described in section 11(e)(6)(B) of the Act) or changes in the way that applicants and participants interact with the State's SNAP agency. This includes the replacement of the State's automated systems used in the certification process, adding functionality to the existing automated systems used in the certification process, or changes in the way applicants and participants interact with SNAP. For example, adding an overlay on an existing legacy automated system used by eligibility workers, adding online portals to an existing automated system for use by SNAP applicants, participants or community partners, establishment of an online application, use of telephonic technology to accept applications, rely… | |||||
| 7:7:4.1.1.3.20.0.1.16 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.16 National Directory of New Hires. | FNS | [81 FR 4163, Jan. 26, 2016] | (a) General. Each State agency shall establish a system to verify applicant employment data for the determination of SNAP eligibility and correct benefit amount. (b) Data source. States shall use the U.S. Department of Health and Human Service (HHS) National Directory of New Hires (NDNH) and enter into a computer matching agreement with HHS pursuant to the authority in 42 U.S.C. 653(j)(10). (c) Use of match data. In accordance with the procedural requirements and privacy protections required for computer data matching at 5 U.S.C. 552a(p), States shall provide a system for: (1) Comparing identifiable information about each adult household member against data from the NDNH. States must, at minimum, match household members against new hire data available in the database. States shall make the comparison of matched data at the time of application and recertification. (2) The reporting of instances where there is a match; (3) The independent verification of match hits to determine their accuracy; (4) Notice to the household of match results; (5) An opportunity for the household to respond to the match prior to an adverse action to deny, reduce, or terminate benefits; and (6) The establishment and collection of claims as appropriate. | |||||
| 7:7:4.1.1.3.20.0.1.17 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.17 Substantial lottery or gambling winnings. | FNS | [84 FR 15093, June 14, 2019] | (a) General. Each State agency, to the maximum extent practicable, shall establish cooperative agreements with gaming entities within their State to identify members of certified households who have won substantial lottery or gambling winnings as defined in § 273.11(r). (b) Cooperative Agreements. State agencies, to the maximum extent practicable, shall enter into cooperative agreements with the gaming entities responsible for the regulation or sponsorship of gaming in the State. Cooperative agreements should specify the type of information to be shared by the gaming entity, the procedures used to share information, the frequency of sharing information, and the job titles of individuals who will have access to the data. Cooperative agreements shall also include safeguards to prevent release or disclosure of personally identifiable information of SNAP recipients who are the subject of data matches in accordance with 272.1(c). (c) Use of information on winnings. States shall provide a system for: (1) Comparing information obtained from gaming entities about individuals with substantial winnings with databases of currently certified households within the State; (2) The reporting of instances where there is a match; (3) The verification of matches to determine their accuracy in accordance with § 273.2(f); (4) If during a household's certification period, as defined in § 273.11(r), prior to any action to terminate the household's benefits, the State agency shall provide the household notice in accordance with the provisions on notices of adverse action appearing in § 273.13. If the information received is unclear, the State agency shall follow procedures at § 273.12(c)(3). For households that are found to have received substantial winnings at the time of the household's recertification, the State agency shall notify such households, in accordance with the provisions on notices of denial appearing in § 273.10(g)(2); and (5) The establishment and collection of claims as appropriate. (d) Frequency of data … | |||||
| 7:7:4.1.1.3.20.0.1.18 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.18 National Accuracy Clearinghouse. | FNS | [87 FR 59650, Oct. 3, 2022] | (a) General. (1) FNS shall establish an interstate data system, known as the National Accuracy Clearinghouse (NAC) to prevent individuals from receiving SNAP benefits in more than one State in a given month and shall institute processes and procedures for interacting with the system to prevent duplicate participation and assist households with disenrollment. (2) Each State agency that administers SNAP shall participate in the NAC data matching system. State agencies shall take action on matches from the NAC to ensure participants are only receiving benefits in the State in which they reside and are otherwise eligible to receive them. State agencies are encouraged to integrate and automate NAC processes into SNAP eligibility systems and existing workflows to the fullest extent possible. (3) Each participating State agency shall enter into a written computer matching agreement with FNS consistent with the requirements for matching programs in the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protection Amendments of 1990 (5 U.S.C. 552a(o)), prior to participating in the NAC. (b) States' reporting requirements. (1) State agencies shall provide information for each active SNAP participant to the NAC according to procedures and formats established by FNS. For the purposes of the NAC, an active SNAP participant is defined as an individual who is approved to receive benefits for the benefit month in which the State agency is uploading the data. State agencies shall establish procedures to ensure the information provided is accurate and only includes active participants. (2) Information provided to the NAC will be used for matching by other State agencies also matching with the NAC. Each State agency shall provide, once per working day in accordance with FNS procedures, the NAC data matching elements and other information as noted in paragraphs (b)(3) and (4) of this section for each active SNAP household member. (3) For each ind… | |||||
| 7:7:4.1.1.3.20.0.1.2 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.2 Plan of operation. | FNS | [Amdt. 156, 46 FR 6315, Jan. 21, 1981] | (a) General purpose and content —(1) Purpose. State agencies shall periodically plan and budget program operations and establish objectives. When planning and budgeting for program operations for the next year, State agencies shall consider major corrective action objectives, existing program strengths and deficiencies, and other factors anticipated to impact on the operation of the State's SNAP and on projected expenditures. (2) Content. The basic components of the State Plan of Operation are the Federal/State Agreement, the Budget Projection Statement, and the Program Activity Statement. In addition, certain attachments to the Plan are specified in this section and in § 272.3. The requirements for the basic components and attachments are specified in § 272.2(c) and § 272.2(d) respectively. The Federal/State Agreement is the legal agreement between the State and the Department of Agriculture. This Agreement is the means by which the State elects to operate SNAP and to administer the program in accordance with the Food and Nutrition Act of 2008, as amended, regulations issued pursuant to the Act and the FNS-approved State Plan of Operation. The Budget Projection Statement and Program Activity Statement provide information on the number of actions and amounts budgeted for various functional areas such as certification and issuance. The Plan's attachments include the Quality Control Sample Plan, the Disaster Plan (currently reserved), the Employment and Training Plan, the optional Nutrition Education Plan, the optional plan for Program informational activities directed to low-income households, the optional plan for intercepting Unemployment Compensation (UC) benefits for collecting claims for intentional Program violations, the Systematic Alien Verification for Entitlements (SAVE) Plan, and the plan for the State Income and Eligibility Verification System. The State agency shall either include the Workfare Plan in its State Plan of Operation or append the Workfare Plan to the State Plan of Operation, as appr… | |||||
| 7:7:4.1.1.3.20.0.1.3 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.3 Operating guidelines and forms. | FNS | [Amdt. 156, 46 FR 6315, Jan. 21, 1981] | (a) Coverage of operating guidelines. State agencies shall prepare and provide to staff responsible for administering the Program written operating procedures. In those States which have State regulations that outline these Operating Procedures, these are equivalent to Operating Guidelines. Other examples of Operating Guidelines are manuals, instructions, directives or transmittal memos. The following categories shall be included in the Operating Guidelines: (1) Certification of households, including but not limited to: (i) Application processing; (ii) Nonfinancial eligibility standards; (iii) Financial criteria and the eligibility determination; (iv) Actions resulting from eligibility determinations; (v) Determining eligibility of special situation households as specified in § 273.11; (vi) Additional certification functions such as processing changes during certification periods and reporting requirements for households; (vii) Lost benefits/claims against households; (viii) Fair/fraud hearings; (ix) A list of Federal and State energy assistance programs that qualify for the resource and income exclusions discussed in §§ 273.8(e)(14) and 273.9(c)(11) and how these payments are identified as being eligible for the exemption; (x) Work registration and employment and training requirements. (2) Issuance, accountability, and reconciliation; (3) The Performance Reporting System, including instructions or directives for conducting quality control and management evaluation reviews and the quality control sample plan; (4) A description of the training program, including a listing of the organizational component which conducts training, to whom and how often training is provided; (5) The fair/fraud hearing procedures if not included in the Certification Handbook. (6) The consultation process (where applicable) with the tribal organization of an Indian reservation about the State Plan of Operation and Operating Guidelines in terms of the special needs of members of the tribe and the method to be used for i… | |||||
| 7:7:4.1.1.3.20.0.1.4 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.4 Program administration and personnel requirements. | FNS | [Amdt. 132, 43 FR 47884, Oct. 17, 1978, as amended by Amdt. 221, 47 FR 35168, Aug. 13, 1982; Amdt. 211, 47 FR 53315, Nov. 26, 1982; Amdt. 237, 47 FR 57668, 57669, Dec. 28, 1982; Amdt. 262, 49 FR 50597, Dec. 31, 1984; 54 FR 7003, Feb. 15, 1989; 54 FR 24527, June 7, 1989; Amdt. 320, 55 FR 6238, Feb. 22, 1990; Amdt. 371, 61 FR 60010, Nov. 26, 1996; Amdt. 388, 65 FR 70192, Nov. 21, 2000] | (a) Merit personnel. (1) State agency personnel used in the certification process shall be employed in accordance with the current standards for a merit system of personnel administration or any standards later prescribed by the U.S. Civil Service Commission under section 208 of the Intergovernmental Personnel Act of 1970. (2) State agency employees meeting the standards outlined in paragraph (a)(1) of this section shall perform the interviews required in § 273.2(e). Volunteers and other non-State agency employees shall not conduct certification interviews or certify SNAP applicants. Exceptions to the use of State merit system personnel in the interview and certification process are specified in § 273.2(k) for SSI households, § 272.7(d) for households residing in rural Alaska, and part 280 for disaster victims. State agencies are encouraged to use volunteers in activities such as outreach, prescreening, assisting applicants in the application and certification process, and in securing needed verification. Individuals and organizations who are parties to a strike or lockout, and their facilities, may not be used in the certification process except as a source of verification for information supplied by the applicant. Only authorized employees of the State agency, coupon issuers, coupon bulk storage points, and Federal employees involved in administration of the program shall be permitted access to food coupons, ATP's, or other issuance documents. (b) Bilingual requirements. (1) Based on the estimated total number of low-income households in a project area which speak the same non-English language (a single-language minority), the State agency shall provide bilingual program information and certification materials, and staff or interpreters as specified in paragraphs (b) (2) and (3) of this section. Single-language minority refers to households which speak the same non-English language and which do not contain adult(s) fluent in English as a second language; (2) The State agency shall provide materials used … | |||||
| 7:7:4.1.1.3.20.0.1.5 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.5 Program informational activities. | FNS | [Amdt. 207, 47 FR 52334, Nov. 19, 1982. Redesignated by Amdt. 211, 47 FR 53316, Nov. 26, 1982; Amdt. 262, 49 FR 50597, Dec. 31, 1984; 52 FR 36398, Sept. 29, 1987; 54 FR 24527, June 7, 1989; Amdt. 320, 55 FR 6239, Feb. 22, 1990; 78 FR 20422, Apr. 5, 2013; 81 FR 92556, Dec. 20, 2016] | (a) Definition. “Program informational activities” are those activities that convey information about the Program, including household rights and responsibilities, through means such as publications, telephone hotlines, and face-to-face contacts. (b) Minimum requirements. State agencies shall comply with the following minimum information requirements for applicants and recipients. (1) Rights and responsibilities. State agencies shall inform participant and applicant households of their Program rights and responsibilities. This information may be provided through whatever means the State agencies deem appropriate. (2) All Program informational material shall be available in languages other than English as required in § 272.4(b) and shall include a statement that the Program is available to all without regard to race, color, sex, age, handicap, religious creed, national origin or political belief. (c) Program informational activities for low-income households. At their option, State agencies may carry out and claim associated costs for Program informational activities designed to inform low-income households about the availability, eligibility requirements, application procedures, and benefits of SNAP. Allowable informational activities shall not include recruitment activities as described in § 277.4(b)(5) of this chapter. Program informational materials used in such activities shall be subject to § 272.4(b), which pertains to bilingual requirements. Before FNS considers costs for allowable informational activities eligible for reimbursement at the fifty percent rate under part 277 of this chapter, State agencies shall obtain FNS approval for the attachment to their Plans of Operation as specified in § 272.2(d)(1)(ix). In such attachments, State agencies shall describe the subject activities with respect to the socio-economic and demographic characteristics of the target population, types of media used, geographic areas warranting attention, and outside organizations which would be involved. State agencie… | |||||
| 7:7:4.1.1.3.20.0.1.6 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.6 Nondiscrimination compliance. | FNS | [Amdt. 132, 43 FR 47884, Oct. 17, 1979. Redesignated by Amdt. 211, 47 FR 53315, Nov. 26, 1982, as amended by Amdt. 356, 59 FR 29713, June 9, 1994; 71 FR 28763, May 18, 2006; 76 FR 27606, May 12, 2011; 88 FR 86566, Dec. 14, 2023] | (a) Requirement. State agencies shall not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of households, the issuance of coupons, the conduct of fair hearings, or the conduct of any other program service for reasons of age, race, color, sex, disability, religious creed, national origin, or political beliefs. Discrimination in any aspect of program administration is prohibited by these regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975 (Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, section 504), Americans with Disabilities Act of 1990 (42 U.S.C. 12101) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Enforcement action may be brought under any applicable Federal law. Title VI complaints shall be processed in accord with 7 CFR part 15. (b) Right to file a complaint. Individuals who believe that they have been subject to discrimination as specified in paragraph (a) of this section may file a written complaint with the Secretary or the Administrator, FNS, Washington, DC 20250, and/or with the State agency, if the State agency has a system for processing discrimination complaints. The State agency shall explain both the FNS and, if applicable, the State agency complaint system to each individual who expresses an interest in filing a discrimination complaint and shall advise the individual of the right to file a complaint in either or both systems. (c) FNS complaint requirements. (1) Complaints shall contain the following information to facilitate investigations: (i) The name, address, and telephone number or other means of contacting the person alleging discrimination. (ii) The location and name of the organization or office which is accused of discriminatory practices. (iii) The nature of the incident or action or the aspect of program administration that led the person to allege discrimination. (iv) The reason for the alleged discrimination (age, r… | |||||
| 7:7:4.1.1.3.20.0.1.7 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.7 Procedures for program administration in Alaska. | FNS | [Amdt. 162, 45 FR 73003, Nov. 4, 1980] | (a) Purpose. To achieve the efficient and effective administration of SNAP in rural areas of Alaska, FNS has determined that it is necessary to develop additional regulations which are specifically designed to accommodate the unique demographic and climatic characteristics which exist in these rural areas. The regulations established in this section, except for paragraph (f) of this section, shall apply only in those areas of Alaska designated as “rural” in paragraph (b) of this section. All regulations not specifically modified by this section shall remain in effect. (b) Area Designations. (1) Rural I Alaska TFP refers to a Thrifty Food Plan (TFP) that is the higher of the TFP that was in effect in each area on October 1, 1985, or 28.52 percent higher than the Anchorage TFP, as calculated by FNS, with rounding and other reductions that are appropriate. It is to be used in the following areas: In all places in Kodiak Island Borough with the exception of Kodiak; in all places in the Kenai Peninsula Borough that are west of Cook Inlet (including Tyonek, Kustatan, Kalgin Island, Iliamna, Chenik, and Augustine Island) and Chugach Island, English Bay, Port Graham, Portlock, Pt. Gore, Pye Island, and Seldovia. In the Yukon-Koyukuk Census Area, the city of Nenana; and Skwentna in the Matanuska-Susitna Borough. In the Valdez-Cordova Census Area, all places except Dayville and Valdez; and in the Southeast Fairbanks Census Area all places except Big Delta, Delta Junction, and Fort Greely. In the Skagway-Yakutat-Angoon Census Area, all places except Skagway; in Sitka Borough all places except Sitka; in the Wrangell-Petersburg Census Area, all places except Wrangell and Petersburg; in the Ketchikan Gateway Borough, all places except Ketchikan, Saxman, and Ward Cove; in the Prince of Wales-Outer Ketchikan Census Area, all places except Craig, Hyder, and Metlakatla. (2) Rural II Alaska TFP refers to a TFP that is 56.42 percent higher than the Anchorage TFP, as calculated by FNS, with rounding and other reductions that ar… | |||||
| 7:7:4.1.1.3.20.0.1.8 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.8 State income and eligibility verification system. | FNS | [65 FR 70192, Nov. 21, 2000, as amended at 78 FR 12231, Feb. 22, 2013; 84 FR 15093, Apr. 15, 2019] | (a) General. (1) State agencies shall maintain and use an income and eligibility verification system (IEVS), as specified in this section. By means of the IEVS, State agencies may request wage and benefit information from the agencies identified in this paragraph (a)(1) and use that information in verifying eligibility for and the amount of SNAP benefits due to eligible households. Such information may be requested and used with respect to all household members, including any considered excluded household members as specified in § 273.11(c) of this chapter whenever the SSNs of such excluded household members are available to the State agency. If not otherwise documented, State agencies must obtain written agreements from these information provider agencies affirming that they must not record any information about individual SNAP households and that staff in those agencies are subject to the disclosure restrictions of the information provider agencies and § 272.1(c). The information provider agencies, at a minimum, are: (i) The State Wage Information Collection Agency (SWICA) which maintains wage information; (ii) The Social Security Administration (SSA) which maintains information about net earnings from self-employment, wages, and payments of retirement income, which is available pursuant to section 6103(1)(7)(A) of the Internal Revenue Service (IRS) Code; and information which is available from SSA regarding Federal retirement, and survivors, disability, SSI and related benefits; (iii) The IRS from which unearned income information is available pursuant to section 6103(1)(7)(B) of the IRS Code; and (iv) The agency administering Unemployment Insurance Benefits (UIB) which maintains claim information and any information in addition to information about wages and UIB available from the agency which is useful for verifying eligibility and benefits, subject to the provisions and limitations of section 303(d) of the Social Security Act. (2) State agencies may exchange with State agencies administering certain … | |||||
| 7:7:4.1.1.3.20.0.1.9 | 7 | Agriculture | II | C | 272 | PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES | § 272.9 Approval of homeless meal providers. | FNS | [56 FR 54777, Oct. 23, 1991, as amended at 61 FR 53600, Oct. 15, 1996] | The State SNAP agency, or another appropriate State or local governmental agency identified by the State SNAP agency, shall approve establishments serving the homeless upon sufficient evidence, as determined by the agency, that the establishment does in fact serve meals to homeless persons. Where the State SNAP agency identifies another appropriate State or local agency for the purpose of approving establishments serving the homeless, the State SNAP agency will remain responsible for insuring that the provisions of the preceding sentence are effectively carried out. The State SNAP agency, or another appropriate State or local governmental agency identified by the State SNAP agency or private nonprofit organization under contract with the State SNAP agency shall execute contracts with restaurants wishing to sell meals in exchange for SNAP benefits to homeless SNAP households. Such contracts shall specify that such meals are to be sold at “concessional” (low or reduced) prices and shall also specify the approximate prices which will be charged, or the amount and type of price reduction. |
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