The Department provides an opportunity for a hearing to any prospective or existing Title III or 16(B)2 grantee when an application for funding is denied, when a grant is suspended or terminated prior to the end of an approved budget year, or when designation as a planning and service area or Area Agency on Aging has been denied. A request for hearing is a clearly written expression by the grantee/applicant (or authorized representative) of the grantee/applicant's desire to present testimony and evidence regarding any adverse action by the Department or Area Agency on Aging, and be informed through testimony and other evidence, of the basis for the action on the part of the Aging Services Division or Area Agency on Aging. All requests for hearing must be in writing and must be submitted to the Aging Services Division (ASD) within 30 days of notification of adverse action by the ASD, or within 30 days of notification of an adverse appeal decision by an Area Agency on Aging.

The primary purposes of fair hearings are to: (1) Safeguard the rights and interests of the grantee/applicant; (2) Afford protection to the grantee/applicant against infractions on the part of the Department (Aging Services Division) or the Area Agency on Aging; and (3) Help identify the need for clarification or revision of the policy or practice of the Department (Aging Services Division) or the Area Agency on Aging.

The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise: "Adverse action" means: (A) Denial of application for funding; (B) Suspension or termination of funding prior to the end of an approved budget year; or (C) Denial of designation as a planning and service area or Area Agency on Aging. "Appeals Committee" means the following staff members, appointed by the State Director of Human Services: (A) General counsel; (B) Supervisor of the Appeals Unit; and (C) Programs Administrator of the Special Unit on Aging. "Appeals Unit" means the unit established within the Department responsible for: (A) Scheduling the time and place of the hearing; (B) Conducting the hearing; (C) Electronically recording the hearing; (D) Preparing the Hearing Officer's Summary; and (E) Preparing the decision letter. "Grantee/applicant complaint" means a grantee/applicant's expressed belief that proper consideration has not been given to circumstances surrounding grant/application process. A grantee or applicant's complaint can be expressed orally, in correspondence, or by authorizing another entity to advise the Department of the grievance. A complaint may be addressed to the grantee/applicant's satisfaction without resorting to the formal hearing process or it may result in the grantee or applicant's request for a hearing. "Official report (record)" means the information that will be made available to the appellant, upon request, at a reasonable time and place and consists of: (A) The administrative hearing officer's summary which contains the substance of what transpired in the hearing unless oral proceedings are transcribed; (B) All written evidence filed in the hearing; (C) A verbatim recording of the hearing; and (D) The resulting decision of the appeals process.

Title 42 U.S.C. Section 3027(a)(5) provides for granting a hearing before the Department for Title III Older Americans Act grantees or applicants. In order for a grantee or applicant to be able to exercise this right, the State Agency (Aging Services Division) or the Area Agency on Aging, is responsible for informing, in writing, each grantee or applicant at the time of application for funding of the right to a hearing. This is done in conjunction with the Request for Proposal process at the State and Area Agency on Aging level.

(a) General provisions. The rules in this Section apply to any hearing to be scheduled by the Appeals Unit, and voted on by the Appeals Committee. Once the grantee/applicant has requested a hearing before the Department, the hearing is not delayed or cancelled for any reason other than: (1) Withdrawal, in writing; (2) Abandonment of the request by the grantee; or (3) Evidence by the grantee of good cause for delay of the hearing (see (f)(1)(F) of this Section for good cause). (b) Request for a hearing. The Aging Services Division or the Area Agency on Aging is responsible for assisting the grantee/applicant in completing OAC 340:2 Appendix G, Request for Fair Hearing, after the written request is received. The Appendix G is signed by the grantee/applicant. The Aging Services Division is responsible for transmitting the OAC 340:2 Appendix G to the Appeals Unit not later than the first working day following the date of the grantee/applicant's signature. (c) Hearing officers. The professional staff member of the Appeals Unit who conducts a fair hearing is a person who has not had a part in the protested decision. This person is one who has been designated by the State Director to conduct the fair hearing and may either be an Administrative Hearing Officer (AHO) or an Administrative Law Judge (ALJ). The AHO or ALJ is responsible for preparing a written summary of the testimony and written evidence presented in the hearing for presentation to the Appeals Committee. (1) If the ALJ or AHO who conducts the hearing concludes that the Department (Aging Services Division) or the Area Agency on Aging acted correctly in taking the adverse action, a decision letter will be issued within 90 days of the appellant's written request for a hearing. (2) The following situations will be addressed by the ALJ or AHO: (A) Requests for hearing will be dismissed if not submitted by the appellant within 30 days of the notice of adverse action. (B) If the appellant or authorized representative fails to establish "good cause" for failure to appear (see (f)(1)(F) of this Section), the AHO/ALJ will issue a decision letter dismissing appellant's request for hearing and upholding the original decision of the Aging Services Division or Area Agency on Aging. (C) If the appellant or authorized representative files a request for a hearing and subsequently files a written withdrawal before a final decision is rendered, the request for hearing is dismissed. (D) At the pre-hearing conference or hearing, the AHO/ALJ may determine that additional evidence is needed before a decision can be made. If so, the AHO/ALJ may continue the hearing or remand the case to the Aging Services Division or affected Area Agency on Aging for reconsideration or inclusion of additional evidence before proceeding with the hearing. (d) Responsibilities of Aging Services Division or affected Area Agency on Aging. The Aging Services Division or the affected Area Agency on Aging shall be responsible for assisting the appellant with whatever help is needed/wanted in requesting a fair hearing from the Department. Further, the Aging Services Division or the affected Area Agency on Aging shall: (1) Prepare a written summary of the adverse action in question to include: (A) Type of decision or action on the part of the Aging Services Division or the Area Agency on Aging; (B) Nature of appellant's complaint; (C) Point at issue - exactly what the grantee or applicant is appealing; (D) Chronological summary of pertinent events and evidence leading to the action; (E) Verbatim quotations from the State Title III Policies and Procedures Manual, the Area Agency on Aging Title III Policies and Procedures Manual, or the 16(B)2 Policies and Procedures Manual, as appropriate, regarding the policy on which the adverse action was based; and (F) Evidence and pertinent documents supporting the action of the Department (Aging Services Division) or the Area Agency on Aging. (2) Provide a copy of the summary to the appellant and the hearing officer at least eight days prior to the scheduled hearing; and (3) Notify the appellant, in writing, of the following procedures relating to the hearing: (A) That the request for hearing received by the Department (Aging Services Division) or the Area Agency on Aging will be sent to the Appeals Unit and that the Appeals Unit will mail a letter to the appellant outlining the date, time and place of the hearing; (B) That prior to the scheduled hearing, the appellant will receive a copy of the Aging Services Division's or the Area Agency on Aging's written summary regarding the adverse action in question, as well as documents and records the Department (Aging Services Division) or Area Agency on Aging will present at the hearing; (C) That testimony given by the appellant, the appellant's witnesses, and the Department (Aging Services Division) or Area Agency on Aging will be taken by a hearing officer from the Appeals Unit of the Department; (D) That a recording of the testimony will be made; and (E) That the appellant will receive a written decision from the Appeals Unit. (e) Withdrawal of request for hearing. If at any time following the formal request for a hearing, the appellant decides to withdraw the request for hearing, the Department (Aging Services Division) or the Area Agency on Aging shall advise the grantee or applicant of their responsibility to submit their withdrawal in writing to the Department (Aging Services Division) or the affected Area Agency on Aging, as appropriate. It will be the responsibility of the Department (Aging Services Division) or the Area Agency on Aging to receive the written withdrawal and to submit the withdrawal to the Appeals Unit of the Department within one working day of receipt. If the appellant refuses to submit the withdrawal of request for hearing in writing, the Aging Services Division or the Area Agency on Aging, as appropriate, shall prepare a memo outlining the reason(s) for the appellant's refusal to submit a written withdrawal and submit the memo to the Appeals Unit of the Department. In such instances, the Appeals Unit will advise the appellant by letter of the Department's action. (f) Scheduling of the hearing. Upon receipt of OAC 340:2 Appendix G, Request for Fair Hearing, by the Appeals Unit, the request is registered and the Appeals Unit supervisor assigns the request to a hearing officer within the unit and sets a date for the hearing. The Unit then mails the appellant an appointment letter (Form H-S-6). Copies of this notification are routed to the Aging Services Division and the affected Area Agency on Aging, as appropriate. The notification is mailed not less than eight days prior to the date set for the hearing. The following procedures are followed related to the appellant's notification of the hearing: (1) The letter to the appellant from the Appeals Unit includes: (A) The name of the hearing officer who will conduct the hearing; (B) The date, time, and location of the hearing; (C) A request that the appellant have ready at the time of the hearing any evidence the appellant wishes to present; (D) A statement of the appellant's right to have witnesses attend the hearing to give testimony; (E) A statement of the appellant's (or the appellant's authorized representative) right to access all documents and records to be used by the agency at the hearing at a reasonable time prior to the date of the hearing, as well as during the hearing. (F) A statement that failure to appear at the scheduled hearing without "good cause" will result in dismissal of the hearing request. Good cause may be established for any of the following reasons: (i) Death in the family of any individual considered by the appellant to be critical to the hearing process, e.g., the project director, board chairman, legal representative; (ii) Personal injury or illness of any individual critical to the hearing process which reasonably prevents such individual from attending the hearing; (iii) Court subpoena; or (iv) Sudden and unexpected emergencies. (G) An explanation of how consideration of "good cause" can be requested; and (H) An invitation for the individual to raise any questions regarding the information in the letter with the name, address, and telephone number of the Aging Services Division or the Area Agency on Aging responsible for the action being appealed. (2) The Aging Services Division or affected Area Agency on Aging submits its written testimony to the Appeals Unit which is entered into the official record of the hearing; (g) Conduct of hearing. All hearings scheduled by the Appeals Unit are conducted by one of the hearing officers assigned to that unit. The hearing is closed to the public. Persons permitted to attend the hearing in addition to the hearing officer, representatives of the appellant grantee/applicant, Aging Services Division staff and/or affected Area Agency on Aging staff, are those persons invited by these parties or authorized by the State Director as representatives or witnesses. The hearing proceedings include: (1) A pre-hearing conference conducted by the hearing officer prior to the formal beginning of each hearing of record. The purpose of the pre-hearing conference is to organize the hearing process. It provides an opportunity for all parties to identify witnesses, identify all exhibits including those exhibits brought to the hearing. (All witnesses and exhibits introduced during the pre-hearing conference are to be specifically identified on the record during the actual hearing.) (2) An oath administered by the hearing officer to the appellant, representatives of the appellant, the State Agency on Aging staff (or to Area Agency on Aging staff, as appropriate), and to witnesses. (The form used for the oath consists of: "Do you solemnly swear (or affirm) that the evidence you give in this case will be the truth, the whole truth, and nothing but the truth.") (3) In hearings in which a party is assisted by an interpreter, an oath administered by the hearing officer to the interpreter. (The form used for the oath consists of: "Do you solemnly swear (or affirm) that you will truthfully translate from English into (state the other language) the questions about to be asked, and from (state the other language) into English the answers about to be given in the case to the best of your ability.") (h) Recording of the hearing proceedings. The hearing officer is responsible for arranging for a verbatim record of the proceedings of the hearing. The hearing officer's record of the hearing is the official record. However, a representative of the appellant can provide his/her own recording device for use during the hearing, if desired. Any party may request a copy of the tape recording of their administrative hearing. The record of the hearing shall include but shall not be limited to: (1) All pleadings, motions, and intermediate rulings; (2) Evidence received or considered; (3) Any decision, opinion, or report by the hearing officer presiding at the hearing; and (4) All staff memoranda or data submitted to the hearing officer or members of the agency regarding their consideration of the case. (i) Obtaining testimony. As initial testimony, the hearing officer requests from the representative of the State Agency on Aging (or the affected Area Agency on Aging) and from the appellant, a brief statement of the reason(s) for the appeal. The hearing officer then makes a brief summary of these statements in order to define the point(s) at issue. (1) The hearing officer is responsible, before taking further testimony, for explaining that any presentation by the appellant or representatives of the appellant, or representative(s) of the State Agency on Aging (or the affected Area Agency on Aging) must be related to the point(s) at issue. (2) It is the responsibility of the hearing officer to aid in the development of the statement of facts relative to the point(s) at issue. When opinions of a subjective nature or expert opinions of a technical nature are relevant, the hearing officer elicits information which will indicate the competence of the persons making these statements. (3) The hearing officer affords representatives of both the appellant and the State Agency on Aging (or the affected Area Agency on Aging) opportunity to establish all pertinent facts and circumstances, to advance any arguments without undue interference, to refute any testimony and evidence, and to confront, question, and cross examine any witnesses who furnished evidence upon which the decision to deny or terminate funding was made. Care is taken by the hearing officer to ensure accuracy and clarity of all materials used as testimony or exhibits. (j) Presentations by the appellant and the appellant's witnesses. The appellant is provided the opportunity to present evidence in any way desired. Representatives or staff of the appellant may wish to present evidence or they may wish to bring witnesses to help establish pertinent facts, ask for substantiation or any statements made by other witnesses and present evidence in rebuttal. Legal counsel is unnecessary, but the appellant may be represented by legal counsel, if desired. (k) Presentations by the Department (Aging Services Division) or the affected Area Agency on Aging. The individual representing the State Agency on Aging (or the affected Area Agency on Aging) is, whenever possible, the staff member who is familiar with and was involved in the protested decision. The evidence is presented in the form of a written summary prepared in advance and a copy provided to the appellant. The testimony presented by the Department (Aging Services Division) or the Area Agency on Aging must contain a verbatim recording of the State or Area Agency on Aging Title III Older Americans Act policy or policies which relate to the point(s) at issue. The written summary must be supported by live testimony of witnesses with personal knowledge of the facts related to the protested decision. (l) Recessed hearings. At any point during the taking of testimony that there is a clear need for allowing additional time before proceeding with the taking of testimony, the hearing officer may recess a hearing for a reasonable period of time. Since postponements are costly both in time and travel, this procedure is not used unless the information sought seems essential to a proper decision and cannot be obtained without a recess. (m) Closing statement by hearing officer. After testimony is given by representatives of and on behalf of the appellant, by the representative of the Aging Services Division (or the affected Area Agency on Aging), and any cross examinations have been completed, the hearing officer inquires whether there is any additional testimony to be presented. If so, this information is elicited by the hearing officer. If the hearing is being recessed, the hearing officer explains the reason(s) for the recess and the responsibilities to be carried out by the appellant and the Aging Services Division (or the affected Area Agency on Aging) before the hearing is reconvened. The hearing officer will be responsible for setting the date on which the hearing will be resumed and for notifying the appellant and the Aging Services Division (or the Area Agency on Aging). (1) If the hearing is not being recessed, as soon as all pertinent testimony has been presented, the hearing officer makes a closing statement in which he/she explains that: (A) Any one of several decisions might be reached (the hearing officer explains what these possible decisions are based upon the type of hearing); (B) The decision will be made within 90 days of the date the appellant requested the hearing; (C) A letter will be sent to the client from the Appeals Unit (with a copy to the Aging Services Division or the Area Agency on Aging, as appropriate) stating the decision made on the appeal and reasons for the decision; and (D) The Aging Services Division or the Area Agency on Aging is responsible for taking whatever action is required to carry out the decision made on the appeal. (2) The hearing officer closes the hearing. (n) Hearing officer's summary. As soon as practical after the hearing officer closes the hearing, a hearing officer's summary is prepared by the hearing officer. The summary consists of what transpired in the hearing including testimony and written evidence introduced into the record of the hearing. (o) Decision by the Department. The administrative hearing officer is responsible for reviewing the evidence and applicable policy submitted during the hearing procedures. If the hearing officer concludes that the State Agency on Aging (or the Area Agency on Aging) acted correctly in taking the adverse action, a decision letter will be issued to the grantee/applicant advising that the adverse action will be upheld. The decision letter, which represents the Department's final decision, is issued within 90 days from the date of the appellant's written request for a hearing. If the administrative hearing officer disagrees with the Aging Services Division or Area Agency on Aging action, the Division Administrator for Aging Services will be given five days to review the case, concur with the administrative hearing officer or request that the Appeals Committee be convened to decide the issue. The decision of the Appeals Committee is based only on testimony and exhibits introduced at the hearing, including the hearing officer's summary, and any supplemental material requested by the Appeals Committee. The decision is made on the situation as it was at the time the appealed action was taken by the State Agency on Aging (or the Area Agency on Aging): (1) The Appeals Committee may make any one of the following decisions: (A) To sustain the grantee/applicant; (B) Not to sustain the grantee/applicant; (C) To dismiss the hearing or cancel by reason of appellant withdrawal or abandonment; or (D) To reopen for the taking of additional evidence. (2) The decision of the Appeals Committee is final. (p) Abandonment of hearing. The Appeals Committee may authorize the dismissal of a hearing under special circumstances which indicate that it is impossible to hold the hearing. If the appellant fails to appear at the time the hearing is scheduled and fails to submit evidence to establish "good cause," the hearing will be considered abandoned on the part of the appellant. A hearing may not be considered abandoned as long as the appellant has provided notification, up to time of hearing, that he/she is unable due to "good cause" to keep the appointment and that he/she still desires a hearing. (q) Reopened hearings. When, in the judgement of a majority of the Appeals Committee, the evidence presented in the hearing is so inadequate that a decision cannot be rendered, the hearing is reopened and further information requested. When it is necessary to reopen a hearing, the Appeals Unit sends to the appellant and the State Agency on Aging (or the Area Agency on Aging) a statement of the points on which information is unclear or inadequate with instructions that further investigation of these points is to be made and by whom. The appellant is expected to cooperate in any way necessary to obtain the desired information and failure to do without "good cause" will result in the dismissal of the hearing. (1) The hearing officer will request that the State Agency on Aging (or the Area Agency on Aging) obtain the needed information. When the additional facts are obtained, the representative of the State Agency on Aging (or the Area Agency on Aging) interviews the appellant or representative of the appellant and advises him/her of the facts secured, the sources of the facts and how the facts relate to the point(s) at issue. (2) The appellant is given an opportunity to decide whether he/she prefers that all parties reconvene. The appellant is advised of the right to submit material directly to the Appeals Committee if the appellant desires to do so. If the appellant elects to have all parties reconvene, the State Agency on Aging (or the Area Agency on Aging) notifies the Appeals Unit in writing and the unit schedules a date for reconvening all parties. Immediately following the interview with the appellant or representative of the appellant, the State Agency on Aging (or the Area Agency on Aging) prepares a written summary of the facts secured since the reopening of the hearing. A copy of this summary is forwarded to the appellant by the State Agency on Aging (or the Area Agency on Aging) within two working days after receipt of the copy of the Appeals Unit letter setting the date for continuation of the hearing. The summary is used as testimony presented by the State Agency on Aging (or the Area Agency on Aging) at the reconvened hearing. The same procedures are followed during the taking of testimony and subsequent to the taking of testimony as are used in relation to any other hearing.

(a) Notification of decision. After the decision is reached in the appeals process, a written notification of decision is prepared by the hearing officer for the signature of the supervisor of the Appeals Unit. The decision letter must specify the reason for the decision and identify the supporting evidence. When applicable, the letter shall include statements specifying: (1) The month that the award of funds is to be made; (2) The amount of funding to be awarded; or (3) That although the grantee/applicant is not sustained, the grantee/applicant may reapply for funding during the next "request for proposals" process. (b) Assuring the decision is carried out. It is the responsibility of the Appeals Unit to assure itself that decisions are carried out by maintaining a control on the date each decision is rendered and the date the Aging Services Division or Area Agency on Aging completes the action specified in each letter of decision. (1) When the applicant is sustained on the basis that a denial of the project was in error, award of grant is made in the regular manner. The grant shall begin the first fiscal quarter in which funds are available. The Notification of Grant Award shall have the word "Hearing" written at the top in red. (2) When the grantee is sustained on the basis that the project was suspended or terminated in error, the reinstatement is made in the usual manner except that the word "Hearing" is written in red at the top of the Notification of Grant Award. The effective date is the first day of the fiscal quarter after the Appeals Unit decision is rendered and may not be retroactive. (3) In all cases of sustained appeals, the Aging Services Division shall forward to the Appeals Unit a copy of the "Notification of Grant Award" with the word "Hearing" written in red at the top. The Appeals Unit then makes an entry in its control to indicate that appropriate action has been taken.

(a) The purpose of this Subchapter is to describe the Department of Human Services (DHS) administrative hearing process. (b) Hearings are intended to: (1) safeguard the rights and interests of individual clients by affording them due process; (2) correct improper actions taken by DHS; and (3) contribute to uniformity in the application of law and policy. (c) The hearing process is not a substitute for proper and efficient program administration by DHS.

This subchapter is divided into four parts. (1) Part 5, OAC 340:2-5-50 to 340:2-5-51, applies to all hearings conducted by the Appeals Unit. (2) Part 7, OAC 340:2-5-60 to 340:2-5-80, applies to hearings conducted by the Appeals Unit regarding: (A) Children's Special Health Care Needs Program; (B) Child Care Services; (C) Services for persons with developmental disabilities; (D) Food Stamp Program; (E) Individual and Family Disaster Grant Program; (F) Low Income Home Energy Assistance Program; (G) Medical Assistance Program under Title XIX of the Social Security Act; (H) Social Services under Title XX of the Social Security Act; (I) State Supplemental Payment (SSP) for the Aged, Blind, and Disabled; and (J) Temporary Assistance to Needy Families (TANF), including TANF Emergency Assistance. (3) Part 9, OAC 340:2-5-90 to 340:2-5-105, applies to hearings conducted by the Appeals Unit regarding: (A) foster homes; and (B) adoption assistance. (4) Part 11, OAC 340:2-5-110 to 340:2-5-124, applies to hearings conducted by the Appeals Unit regarding child care facility licensing. (5) This Subchapter does not apply to hearings related to the Department of Human Services Child Support Enforcement Division.

Section 168 of Title 56 of the Oklahoma Statutes provides an administrative hearing for an Oklahoma Department of Human Services (DHS) client who is aggrieved by a DHS action or failure to act for programs listed in Oklahoma Administrative Code (OAC) 340:2-5-61.

(a) Children's Special Health Care Needs Program. Circumstances that constitute a basis for a hearing are: (1) a denial of an individual's application for services; (2) a decision regarding eligibility has not been reached within 45 days from the application date; (3) the client disagrees with the date on which assistance begins; or (4) the client is dissatisfied with an action affecting eligibility for receipt of medical services or with the relevant policy as applied to his or her situation. (b) Child Care Subsidy Program. A hearing may be granted if: (1) there is a delay in reaching a decision on an application for assistance of more than two working days of receiving all necessary verification to certify or deny the application; (2) the client disagrees with the date on which assistance begins; (3) the client disagrees with the amount of the family share co-payment; or (4) the client, family, or guardian is aggrieved because of Oklahoma Department of Human Services (DHS) actions to deny, terminate, or reduce services. (c) Services for persons with developmental disabilities. (1) A hearing may be granted if: (A) the application for services is denied; (B) the DHS action regarding the application for state-funded services has not occurred within 180 days from the date DHS received the application and the client has exhausted the remedies afforded by the Office of Client Advocacy (OCA); (C) when resources are sufficient for initiation of Home and Community Based Waivered Services and action is not taken within 45 days; or (D) the client, family, or guardian is aggrieved because of the DHS action to suspend, terminate, or reduce services. (2) All other complaints or grievances are made to OCA and are addressed per OCA policies and procedures. (3) Nothing contained in this subsection is construed as a limitation of the rights of class members regarding the review and appeal procedures set forth in the Consent Decree in Homeward Bound vs. The Hissom Memorial Center. (d) Supplemental Nutrition Assistance Program (SNAP). A hearing may be granted if: (1) the household's application is denied; (2) a decision regarding eligibility has not been reached within 30 days from the date of application; (3) a requested change in the amount of benefits has not been made within 10 days from the request; (4) a decision regarding loss of benefits occurred in the previous 90 days; or (5) the household is aggrieved by: (A) reason of DHS interpretation and application of SNAP policy as applied to the household's situation during the certification period; or (B) any other DHS action in its administration of the program that affects the household's participation. (e) Individual and Family Disaster Grant Program. A hearing may be granted if: (1) the applicant's application is denied; (2) the applicant is dissatisfied with the amount of the grant award; or (3) there is an unreasonable delay relating to the application. (f) Low Income Home Energy Assistance Program and Energy Crisis Assistance Program. A hearing may be granted if: (1) the applicant's application is denied; (2) there is a delay in reaching a decision regarding eligibility on an application for assistance of more than 10 calendar days; (3) the client disagrees with the date on which assistance begins; or (4) the applicant is dissatisfied with the amount of the payment. (g) Medical Assistance Program under Title XIX of the Social Security Act. (1) The Oklahoma Health Care Authority (OHCA) is the state agency authorized to operate Oklahoma's Medical Assistance Program pursuant to Title XIX of the Social Security Act. Through an interagency agreement with OHCA, DHS: (A) determines financial and non-financial eligibility for certain categories of eligibility for the Medical Assistance Program; (B) conducts hearings regarding: (i) financial and non-financial eligibility for certain categories of eligibility for the Medical Assistance Program; and (ii) the scope of services provided through the DHS Developmental Disabilities Services; and (C) does not conduct hearings when the action being appealed is based on an OHCA decision, or the action relates to the Advantage Waiver Program. (2) Circumstances that constitute a basis for a hearing are: (A) the individual's application for medical services is denied; (B) a decision regarding eligibility has not been reached within the specified time limit from the date of the application: (i) 30 days for: (I) Refugee Medical Assistance; and (II) categorically related to Aid to the Aged; (ii) 45 days for: (I) Medical Assistance only, categorically related to Aid to the Disabled; (II) a request for long-term care on an active State Supplement Payment (SSP) or Medical Assistance case; and (III) Medical Assistance for optional tuberculosis (TB) coverage group; (iii) 60 days for categorically related to Aid to the Blind or Disabled when disability must be established; and (C) the client disagrees with the date on which assistance begins; or (D) the client is dissatisfied with any other action affecting eligibility for Medical Assistance. (3) Administrative hearings are not granted when either state or federal law requires automatic adjustments for classes of recipients unless the reason for an individual appeal is incorrect eligibility determination. (h) Social services under Title XX of the Social Security Act. A hearing may be granted if: (1) the client is aggrieved because of: (A) denial of a request for, or exclusion from, a service program; (B) failure to consider the individual's choice of service in assignment of program; or (C) a decision requiring participation in a service program; or (2) the recipient is aggrieved about the operation of the service program. (i) SSP for the Aged, Blind, and Disabled and TANF, including TANF Emergency Assistance. (1) A hearing is not granted in these programs when either state or federal law or regulation requires automatic grant adjustments for classes of recipients unless the reason for an individual appeal is incorrect grant computation. (2) A hearing may be granted when: (A) there is a delay in reaching a decision on an application for assistance of more than: (i) five business days for TANF Emergency Assistance; (ii) 30 days for: (I) SSP for the Aged; (II) TANF; or (III) Refugee Cash Assistance; (iii) 45 days for SSP for the Blind; or (iv) 60 days for SSP for the Disabled; (B) there is a delay of more than 10 days in implementing a requested change regarding an assistance payment; (C) the client disagrees with the date on which assistance begins; (D) the assistance payment was discontinued or suspended; (E) the client is aggrieved regarding protective payments because: (i) payment is made in the form of a protective payment; or (ii) of any action with regard to the protective payment, such as the protective payee selected; or (F) the client is aggrieved about conditions of payment, including the requirements for work, medical treatment, or training, but only when the requirement complained of, if true, would constitute a violation of DHS policy. (j) Assistance. In any other program which constitutes assistance within the definition of Section 164 of Title 56 of the Oklahoma Statutes, a hearing may be requested if the client disagrees with: (1) denial or termination of assistance; (2) amount of assistance; or (3) the conditions on receipt of benefits. (k) Overpayments. If a client is notified of an overpayment in any of the programs listed in this Section, the client may request a hearing regarding: (1) the existence of the overpayment; (2) the amount of the overpayment; (3) when appropriate, whether the overpayment was caused due to DHS error, inadvertent client error, or willful misrepresentation by the client; and (4) when appropriate, the client's liability to repay the overpayment. (l) Any action, not specified in subsections (a) through (k) of this Section, for which DHS is required to provide an administrative hearing by state or federal constitution, statute or regulation.

The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise: "Access to the entire case file" means the client and authorized representative have, with the exceptions described in this Section, the right to review the entire contents of the case file(s) that relates to the issue(s) appealed, and all documents and records to be used by the Oklahoma Department of Human Services (DHS) at the hearing. (A) Certain documents and information within the case file are made confidential by state and federal laws and therefore are not available to the client or authorized representative, unless such information is to be used by DHS at the hearing. Confidential documents and information include: (i) child abuse or neglect reports including the names and information from complainants; (ii) psychological and medical reports, unless there are written releases from both the author and the patient; (iii) information from other family members unrelated to the appeal; (iv) information from references or witnesses, unless there is a written release of information; and (v) confidential Supplemental Nutrition Assistance Program (SNAP) information. (B) The review may be made at a reasonable time before the date of the hearing as well as during the hearing. (i) When a request for file access is made, the local office must make arrangements for the client, authorized representative, or both to review the case file with as much privacy as possible. (ii) A supervisory staff member observes the review of the case file to ensure the contents of the case file are not removed from the record. (iii) The client and authorized representative are free to make written notes from the record or make copies of documents. (iv) A client or representative is not charged for copies of documents made for the purpose of hearing preparation or presentation. "Administrative hearing officer (AHO)" means: (A) the DHS employee designated by the Appeals Unit supervisor to conduct an administrative hearing. The AHO may not have had a part in the action or failure to act, which is the subject of the appeal; or (B) a lawyer who has a contract with DHS to preside over administrative hearings that are the responsibility of the Appeals Unit, and designated by the Appeals Unit supervisor to preside over a particular case. "Appeals Committee" means the committee that makes the hearing decision, consisting of: (A) the AHO who presided over a hearing; (B) the division director of the affected program or the division director's designee. The designee must report directly to the division director; and (C) the Appeals Unit supervisor. If the Appeals Unit supervisor made, or helped make the decision that led to the action that is the subject of a hearing, a lawyer employed by DHS Legal Services is designated by the supervisor to vote in his or her place. The DHS Director has the authority to alter the members as he or she deems appropriate. "Appeals Unit" means the unit established within Legal Services responsible for conducting administrative hearings. "Appeals Unit supervisor" means the person designated by the DHS general counsel to supervise the Appeals Unit. "Authorized representative" means a person authorized by the client to represent him or her in the hearing process. (A) Any party may be represented by a lawyer, or legal intern, licensed by the Supreme Court of Oklahoma. (B) A party may be represented by a non-lawyer only when federal law requires that non-lawyer representatives are allowed. Appeals in which non-lawyer representatives may appear include, but are not limited to: (i) SNAP; (ii) Temporary Assistance for Needy Families (TANF); (iii) SoonerCare, Oklahoma's medical assistance program authorized per Section 1396, et seq. of Title 42 of the United States Code; (iv) State Supplement Payment for the Aged, Blind, and Disabled; (v) TANF Emergency Assistance; (vi) services for persons with developmental disabilities; and (vii) Low Income Home Energy Assistance Program. (C) If the representative is not a lawyer, DHS must verify the authority of the person to represent the client through: (i) personal contact with the client; (ii) an original written authorization signed by the client; or (iii) in instances where the client is unable to give oral or written authorization, a non-lawyer may represent a client when the proposed representative is a: (I) friend or relative, and circumstances show the proposed representative is knowledgeable about the issues involved in the case and will act in the client's best interest; or (II) vendor of services relating to the issue in dispute and has no interests adverse to the client; there is no friend or relative who is willing and able to adequately represent the client; circumstances show the vendor is knowledgeable about the issues involved in the case and will act in the client's best interest. "Client" means: (A) an applicant for DHS services or payments in any of the programs per Oklahoma Administrative Code (OAC) 340:2-5-61; or (B) a recipient of DHS services or payments in any of the programs per OAC 340:2-5-61. "DHS" means the Oklahoma Department of Human Services. "Fair hearing" means an administratiave hearing held pursuant to Section 168 of Title 56 of the Oklahoma Statutes. "Hearing" means the process by which an AHO obtains evidence and makes a decision regarding the protested action, or failure to act, by DHS. "Hearing request" means a clear expression by a client or authorized representative of the client's desire to contest an action, or failure to act, by DHS through the presentation of testimony and evidence to an AHO. Except for SNAP, a hearing request must be made in writing and contain the signature of the client or authorized representative. "Hearing summary" means a document prepared by the local office stating the reasons for the local office action or inaction. It provides the client with information needed to prepare for the hearing. The six areas covered in the hearing summary are described per OAC 340:2-5-66. "Local office" means any part of DHS which is responsible for the act, or failure to act, which is the subject of the hearing request. "Local staff member" means the particular staff member who was responsible for the protested action, or failure to act, and who represents DHS in activities during the time period extending from the client's request for a hearing through implementation of the hearing decision. "OAC" means the Oklahoma Administrative Code, which contains the regulations promulgated by each state agency. "Official record" means a record consisting of: (A) all evidence offered for introduction at the hearing; (B) an electronic recording of the hearing; and (C) the hearing decision.

In computing any period of time prescribed or allowed by this Part, the day of the act, or event, from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a weekend, or a legal holiday as defined by the Oklahoma Statutes. Unless otherwise noted, all time periods are calendar days. (1) Items received by the client from the Oklahoma Department of Human Services (DHS) for: (A) mailed items: (i) time deadlines begin with the second day on which mail is delivered after the date of mailing to the client's last known address; and (ii) items are considered mailed on the date on the notice, determination, or decision unless otherwise indicated by the facts, such as the postmark on the envelope containing the item mailed; and (B) items delivered in person: (i) time deadlines begin with the day after the date of delivery to the client; and (ii) items are considered delivered to the client on the date the item is: (I) given to the client or authorized representative; or (II) left at the client's last known address with a person who is 15 years of age or older. (2) Items are considered received by DHS from the client if transmitted: (A) via the United States Postal Service (USPS), on the date it is mailed. The mailing date is: (i) shown by the postmark; (ii) in the absence of a postmark, the postage-meter mark on the envelope in which it is received; or (iii) if not postmarked or postage-meter marked, or if the mark is illegible, the date received by DHS; or (B) by means of the United Parcel Service, Inc. (UPS), FedEx, or a similar entity: (i) on the date shown on the package, or document attached by the delivering entity to the outside of the package, that the item was entrusted to the delivering entity; or (ii) in the absence of such date, on the date of receipt by DHS; or (C) by any means not listed in paragraph (2) of this Section, on the date it is received by DHS. (3) The submission by a client of any item beyond the specified time period is considered timely if the administrative hearing officer is satisfied that the delay is due to a cause that is beyond the control of the client.

(a) In the Supplemental Nutrition Assistance Program a hearing request is any indication by a client or authorized representative that the client wants to contest an Oklahoma Department of Human Services (DHS) action, or failure to act, through the hearing process. (b) In all other cases within this Part, a hearing request is a written expression by a client or authorized representative that the client wants to contest a DHS action, or failure to act, through the hearing process. (1) The writing must be signed by the client or authorized representative. (2) An original document, as well as a facsimile of a written document, are both considered a writing. (3) An email, or a document attached to an email from the client or authorized representative, is considered a writing signed by the client.

For any of the programs within this Part, at the time a client or authorized representative indicates that the client wants an administrative hearing, the local office must explain the information listed in (1) - (4) of this Section to the client or authorized representative. (1) If the issue involves a proposed closure or reduction of State Supplemental Payment, Temporary Assistance for Needy Families (TANF), social services, medical assistance, Child Care Subsidy, or food benefits, known in Oklahoma as Supplemental Nutrition Assistance Program (SNAP), the client or authorized representative is advised: (A) of the option of having benefits continued pending outcome of the hearing if, within 10 days of the notice being appealed, the client or authorized representative submits a written request for a hearing which is signed by the client or authorized representative; (B) if he or she fails to indicate a preference in a written request for hearing made within 10 days following mailing of the notice, benefits are continued during the hearing process and if the hearing is not decided in his or her favor, a claim is made against him or her for all benefits received pending the hearing decision; (C) if benefits are continued during the appeals process and the hearing is not decided in his or her favor, a claim is made against him or her for all benefits received pending the hearing decision; and (D) if the client elects to not continue benefits during the pendency of the appeal, if the appeal is decided in his or her favor, the local office authorizes supplemental payment(s) for the period of time covered during the appeal. (2) If the issue concerns a SNAP case, the household or authorized representative is advised: (A) if necessary, he or she is entitled to receive a postponement of a scheduled hearing. The household is advised the postponement will not exceed 30 days and the time limit for action on the decision will be extended for as many days as the hearing is postponed; and (B) if the client, such as a migrant farm worker, plans to move from the state before the end of the 60 days in which a hearing decision must be made, that processing of the hearing will be expedited in order that a decision may be rendered before he or she leaves the state. (3) When a hearing is requested on a medical decision made by the Oklahoma Department of Human Services (DHS), the client or authorized representative is advised: (A) of the right to introduce as evidence at the hearing the report of any examination he or she may have obtained, provided that the records are signed by the health care provider; and (B) when the hearing involves medical issues, such as those concerning a diagnosis, if the administrative hearing officer (AHO) considers it necessary, DHS will obtain at the expense of DHS: (i) an examining physician's report; (ii) a medical review team's decision; or (iii) a medical assessment other than that of the person or persons involved in making the original decision. (4) In every case, the local office advises the client or authorized representative: (A) that the request for hearing will be sent to the Appeals Unit and a letter will be sent from that office regarding the date, time, and place of the hearing; (B) of the right to be represented by legal counsel if desired, but that DHS does not provide, or pay for, legal representation; (C) that the client, authorized representative, or both, has access to the following at a reasonable time before the date of the hearing, as well as during the hearing: (i) all documents to be introduced at the hearing by DHS; and (ii) the case file, except for confidential documents; (D) that the client may ask the AHO to require: (i) individual DHS employees be present at the hearing; and (ii) DHS produce specific records at the hearing; (E) that before the hearing,the client will receive a copy of the hearing summary, documents, and records the local office will present at the hearing; (F) that transportation equivalent to the rate for public transportation is paid for the client and witnesses, if any, when essential for attendance at the hearing; (G) that the testimony given by the client, witnesses, and the local office is taken by an AHO, who records the proceedings; (H) that an opportunity is given at the time of the hearing to give all the evidence on the points at issue the client believes necessary and the evidence can be presented by anyone he or she desires; (I) that if the client needs help in understanding how to present evidence, explanation is given regarding some of the ways in which this may be done, such as presenting evidence orally, in writing, or by having anyone the client chooses present the evidence for him or her; and (J) that the client will receive the written decision of the AHO.

(a) As soon as a request for a hearing is received: (1) in cases involving services through Developmental Disabilities Services, a programs manager prepares Oklahoma Department of Human Services (DHS) Form 13MP002E, Hearing Summary; and (2) in other cases, the local staff member responsible for the case prepares Form 13MP002E. The supervisor of the local staff member is responsible for review of the Form 13MP002E for completeness and for pertinence to the point(s) at issue. (b) The six areas covered in the hearing summary are: (1) the type of decision, action, or inaction on the part of the local office that is the subject of the hearing request; (2) nature of client's complaint; (3) point at issue, exactly what the client is appealing; (4) chronological summary of pertinent events and evidence leading to the action or inaction; (5) policy including: (A) verbatim quotations from the manual regarding the policy on which the decision was based; or (B) copies of applicable policy with the pertinent portions marked; and (6) documents and other evidence that supports the decision being appealed and that the local office intends to introduce at the hearing. (c) A copy of Form 13MP002E is delivered to the client no later than the fifth business day before the hearing.

(a) Upon hearing request receipt in the Appeals Unit, a hearing number is assigned. (b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO). (c) The AHO determines if the hearing request was timely made. (1) A hearing request is considered timely: (A) in the Supplemental Nutrition Assistance Program (SNAP), when the client or authorized representative indicates, in any way, the desire to have a hearing within 90 days of the action, or failure to actthat is being appealed; (B) in all other cases: (i) if the initial indication that the client wants a hearing is in writing, signed by the client or authorized representative, if the writing was received by the Oklahoma Department of Human Services (DHS) within 30 days of the action, or failure to act being appealed; or (ii) if the initial indication that the client wants a hearing other than in writing, signed by the client or authorized representative: (I) the indication to DHS was made to DHS within 30 days of the action, or failure to act, which is being appealed; and (II) DHS receives a written hearing request, signed by the client or authorized representative within the later of 10 days from the date of the initial indication that the client wanted a hearing, or 30 days of the action, or failure to act being appealed. (2) When the AHO or Appeals Unit supervisor determines the hearing request was not timely made, the AHO notifies the client and authorized representative that the hearing request is dismissed. This notice includes a statement of appeal rights. (d) When a hearing request was timely made, the AHO determines whether the request relates to an appealable issue. (e) When a hearing request is both timely and relates to an appealable issue, paragraph (1) or (2) of this subsection apply. (1) When the client appeal relates to a delay in decision, or a delay in acting on a case change, the evidence is reviewed by an AHO. (A) If the available information clearly shows there has been a delay, the AHO issues a decision, without holding a hearing. (B) If the available information does not clearly show there has been a delay, the AHO schedules a hearing to determine whether there has been a delay. (2) When the request for hearing does not involve delay, the Appeals Unit mails a notice of hearing to the client. Copies of this notification are sent to the local office, appropriate supervisory staff, and the authorized representative, if any. The notification is mailed prior to the date of hearing not less than: (A) 10 days for SNAP appeals, unless waived by the client; and (B) eight days in all other cases, unless waived by the client.

Following a hearing request, there is no direct or indirect contact regarding the merits of the case between the AHO and a person with a direct or indirect interest in the case unless there is notice to all parties and an opportunity to participate in the communication, except the AHO may: (1) be contacted on matters of an informational or procedural nature; or (2) contact the local office in order to obtain information regarding: (A) timeliness of the hearing request; or (B) whether an appealable issue exists.

(a) At least five business days before the hearing, the local office representative contacts the client or authorized representative and gives him or her a copy of Oklahoma Department of Human Services Form 13MP002E, Hearing Summary. (b) Form 13MP002E must be delivered at least five complete business days prior to the date scheduled for the hearing. If Form 13MP002E is not delivered timely, paragraph (1) or (2) of this subsection applies. (1) When the local office shows good cause for failure to deliver Form 13MP002E timely, the administrative hearing officer (AHO) continues the hearing to another date if the client is not prepared to proceed as a result of receiving Form 13MP002E late. (2) When the local office does not show good cause for failure to deliver Form 13MP002E timely, the AHO may prohibit the local office from presenting evidence at the hearing and decide the case based only on evidence presented by the client. (c) Immediately upon receipt of the hearing notice, the local office submits a copy of Form 13MP002E to the Appeals Unit.

(a) Continuance of hearing. (1) At any point after setting a case for hearing, the administrative hearing officer (AHO) may determine additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to take whatever action the AHO deems necessary. The AHO may set time limits for the actions. (2) If the AHO is informed in advance of a hearing that the client, authorized representative, or local office representative cannot participate in the hearing at the scheduled time, the AHO continues the hearing when good cause exists for the person's absence. The AHO may require whatever proof of good cause that is deemed necessary. (3) Clients who are appealing an action in the Supplemental Nutrition Assistance Program are entitled to one hearing continuance of up to 30 days, for which good cause need not be shown. (b) Withdrawal of request for hearing. A client or authorized representative may withdraw a hearing request only by a signed writing. Any other indication of a desire to withdraw a hearing request is insufficient. (c) Dismissal of hearing request. The AHO may dismiss a hearing request when, in the AHO's judgment: (1) the Oklahoma Department of Human Services (DHS), by written notice, withdraws the action appealed and restores the client's status which existed before the action appealed was taken. Continuation of benefits because a hearing request has been made does not constitute restoration of the client's status; (2) DHS implements action and issues a notice to correct a DHS error that resulted in the appeal; or (3) there are circumstances that indicate it is impossible to hold the hearing, such as the death of a client.

(a) An administrative hearing officer (AHO), at the request of a client, authorized representative, or on his or her own motion, may require the presence at a hearing of: (1) a DHS employee; (2) DHS records; and (3) other DHS evidence. (b) A client's request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only when the client shows that the presence of the DHS employee or evidence is: (1) relevant to the issues involved in the hearing; (2) necessary for determination of the issue; and (3) not otherwise obtainable by the client. (c) When the AHO determines that a DHS employee, or DHS evidence, must be present at the hearing, the AHO gives notice to the DHS employee, or office where the evidence is located the: (1) date, time, and location of the hearing; and (2) employee's name, records, or other evidence that must be present. (d) When, without good cause, the DHS employee fails to appear or DHS fails to produce the needed records or evidence, the AHO may: (1) decide the case as if the missing evidence was as the client asserted, if the client's assertion is reasonable; or (2) continue the hearing so the missing testimony or evidence may be produced.

(a) Hearing issue. The issue determined through the hearing process is whether the Oklahoma Department of Human Services (DHS) acted correctly in taking the action, or failed to act, which is the subject of the client's request for hearing. (b) Standard of review. The administrative hearing officer (AHO) determines the relevant facts and applies the law to those facts. No presumptions are made for or against DHS concerning the validity of the factual or legal basis for the action, or inaction, which is the subject matter of the hearing. (c) Standard of proof. (1) The standard of proof necessary to prove a fact is governed by state and federal law and regulations applicable to the subject matter of the hearing. (2) If such law and regulations are silent, the standard of proof is a preponderance of the evidence. A preponderance of the evidence is evidence that, in light of the record as a whole, leads the AHO to believe a fact is more likely true than not true. (d) Burden of proof. (1) The burden of proof is governed by state and federal law and regulations applicable to the subject matter of the hearing. (2) When such law and regulations are silent, the party seeking to alter the status quo has the burden of proof. (3) Examples of the burden of proof are shown in (A) and (B) of this paragraph. (A) The burden of proof is on a client to show that: (i) the applicant is eligible for Temporary Assistance for Needy Families (TANF), medical assistance, Supplemental Nutrition Assistance Program (SNAP), other DHS benefit programs, or the amount of benefits the applicant receives; (ii) when seeking recertification for benefits, the recipient remains eligible for TANF, medical assistance, SNAP, or other DHS benefit programs; or (iii) an applicant is eligible for services through Developmental Disabilities Services (DDS). (B) The burden of proof is on DHS to show that: (i) during a period of certification, the recipient's TANF, medical assistance, SNAP, or other DHS program benefits should be reduced or terminated; or (ii) during a DDS plan of care, services should be reduced or terminated.

(a) Hearings. All hearings scheduled by the Appeals Unit are conducted by an administrative hearing officer (AHO), who: (1) administers oaths; (2) regulates and conducts the hearing in an orderly manner; (3) ensures all relevant issues are considered; (4) rules on the admissibility of evidence; (5) at his or her discretion, requests written comments be submitted; (6) if necessary for a client's case to be adequately presented, assists a client to present his or her case; and (7) takes such action as the AHO deems necessary to reach a proper disposition of the case. (b) Hearing location. (1) It is solely within the discretion of the AHO whether to hold the hearing in person or by telephone. When in person, it is solely within the discretion of the AHO to designate the location at which the hearing is held. (2) When the hearing is held in the local office and the AHO determines the space provided for the hearing by the local office is inadequate, the local office provides other space acceptable to the AHO. (c) Hearings are not open to the public. (1) In order that the confidential nature of case material and the relationship between the client and the Oklahoma Department of Human Services (DHS) are maintained, hearings are not open to the public. (2) No one other than the client, the authorized representative, and the DHS representative are permitted to attend the hearing, without permission of the AHO and the client. (d) Failure to appear. (1) When an appropriate representative from the local office fails to appear, and the local office fails to show good cause, the AHO proceeds with the hearing, taking evidence from the client, and issues a decision. (2) Client failure to appear in: (A) Supplemental Nutrition Assistance Program (SNAP) disqualification hearings a hearing must be held and a decision issued; and (B) in all other cases, if a client fails to show good cause, the AHO dismisses the hearing request. (e) Pre-hearing conference. (1) A conference may be conducted by the AHO immediately prior to the formal beginning of a hearing. The purpose of the pre-hearing conference is to reduce the actual amount of time spent in the hearing. In the pre-hearing conference the AHO identifies all: (A) witnesses; (B) exhibits; (C) issues to be covered in the hearing; and (D) does not record the conference. (2) At the AHO's discretion, a pre-hearing conference may be held before the date of the hearing. (A) The AHO notifies the parties of the date and time of the conference. (B) The conference is not recorded. (C) Based on the statements of the parties, the AHO determines the issues to address at the hearing. (D) The AHO establishes dates for submission of the following: (i) the DHS proposed exhibits, witness list, and Hearing Summary; (ii) appealing party's proposed exhibits, witness list, and response to DHS Hearing Summary; and (ii) the DHS reply to the appealing party's response. (E) The AHO schedules a hearing date. (F) The AHO issues a Scheduling Order. (G) All documents must be mailed or emailed to the AHO with a copy to the opposing party. Documents must be received by the AHO and the opposing party on the date established by the AHO. (f) Recording the hearing. (1) The AHO is responsible for arranging for the hearing to be recorded. The hearing may be recorded electronically or by a certified court reporter. (2) The AHO's recording of the hearing is the official recording. The client or authorized representative may provide his or her own recording device for use during the hearing if such recording is not disruptive. In no case is videotaping allowed. (3) Upon written request to the Appeals Unit, DHS provides the client or authorized representative a copy of the recording of the hearing. A transcript of the recording is provided only when required by federal or state law. (g) Admonitions. (1) When the hearing involves assistance, as defined at Section 161(g) of Title 56 of the Oklahoma Statutes (56 O.S. § 161(g)), all persons presenting evidence are advised of the provisions of 56 O.S. § 182. (2) When the hearing involves an applicant for or a recipient of the Medical Assistance Program, Children's Special Health Care Needs Services, State Supplemental Payment for the Aged, Blind, and Disabled, Child Care Subsidy, or Temporary Assistance for Needy Families, all persons presenting evidence are advised by the AHO of the provisions of 56 O.S. § 185. (3) When the hearing involves SNAP, all individuals appearing to give testimony are advised by the AHO of the provisions of 56 O.S. § 243. (h) Oath for Witnesses. (1) An oath is administered by the AHO to the client, witness(es), and the representative(s) of the local office. The following form is used for the oath, "Do you solemnly swear or affirm that the evidence you give in this case will be the truth, the whole truth, and nothing but the truth?" (2) In hearings in which a client is assisted by an interpreter, the AHO also administers an oath to the interpreter. The following form is used for the oath, "Do you solemnly swear or affirm that you will truthfully translate from English into (state the other language) the questions about to be asked and from (state the other language) into English the answers about to be given in the case to the best of your ability?" (i) Sequestration of witnesses. The AHO may require that any witness, other than the client, authorized representative, and the local office representative, absent himself or herself from the hearing room except when the witness is testifying. (j) Presentation of the case. (1) Presentation of the case includes: (A) participation in the pre-hearing conference; (B) opening statements; (C) calling witnesses; (D) questioning witnesses; (E) offering of non-testimonial evidence; and (F) closing statements. (2) Case presentation. (A) Presentation of the DHS case is made by the DHS employee most familiar with the issues. (B) The client: (i) may elect to present the case himself or herself; or (ii) have an authorized representative present the case. (3) The AHO directs the order of presentation of evidence. (A) The AHO may call and/or examine witnesses to develop the record and ensure all evidence favorable to an unrepresented client is presented. (B) If during the hearing, the AHO determines a party can submit evidence after the hearing, without the necessity of reconvening the hearing, the AHO sets the time and manner in which the evidence is submitted. (4) When presentation of the evidence is complete, the AHO allows closing statements, with the party bearing the burden of proof presenting last. (k) Other AHO duties. (1) When opinions of a subjective nature or expert opinions of a technical nature are relevant, the AHO elicits information that indicates the competence of the persons making these statements. (2) When the AHO determines the client cannot adequately represent himself or herself, the AHO may continue the hearing and direct the local office to help the client obtain an authorized representative. (l) AHO closing statement. (1) When the hearing is continued, the AHO explains the reason(s) for the continuance and the responsibilities to be carried out by the client and local office before the hearing is reconvened. The AHO is responsible for setting the date on which the hearing will be resumed and for notifying the client and the local office. (2) When the hearing is not continued, as soon as all pertinent evidence is presented, the parties are given an opportunity to make closing statements. (3) Following closing statements by the parties, the AHO makes a closing statement in which he or she explains: (A) the Appeals Committee will make a decision in the case; (B) the possible decisions that may be reached; (C) the decision is normally made within the following time periods, plus any delay caused by the client: (i) 30 days for the Low Income Home Energy Assistance Program; (ii) 60 days for SNAP; and (iii) 90 days for all other cases; (D) that a letter will be sent to the client, authorized representative, and local office by the AHO that constitutes the decision; and (E) the local office is responsible for taking whatever action is required to carry out the decision made on the client's hearing. (m) Closing the hearing. The AHO closes the hearing.

(a) General. (1) Formal rules of evidence are not observed. (2) Evidence is admitted when it is the type of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (3) Evidence reasonably construed as relevant and not otherwise unduly repetitious is admitted. Evidence that is irrelevant or unduly repetitious may be excluded. (4) The fact that evidence is admitted does not limit the authority of an administrative hearing officer (AHO) in determining the appropriate weight given such evidence. (b) Specific evidentiary issues. (1) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, all parties are given an opportunity to compare the copy with the original. (2) Information stored in electronic form may be printed and introduced as if the printed page was the original. Electronically stored information includes, but is not limited to: (A) Oklahoma Department of Human Services (DHS) records; (B) email; and (C) Internet pages. (3) When all parties stipulate to a fact, the AHO officer may make a finding of fact on the basis of the stipulation. Signed statements by the parties or on-the-record oral statements by the parties are sufficient as stipulations. (4) Judicial notice. (A) Law. Judicial notice is taken by the AHO of the common law, constitutions, statutes, and administrative regulations in force in every state, territory, and jurisdiction of the United States. (B) Facts. (i) A judicially noticed adjudicative fact is not subject to reasonable dispute. It is either: (I) generally known within the state; or (II) capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned. (ii) An AHO may take judicial notice of a fact: (I) if requested by a party and supplied with the necessary information; or (II) on his or her own motion. (C) Propriety. In determining the propriety of taking judicial notice of a matter: (i) the AHO may consult and use any source of pertinent information, whether or not furnished by a party; (ii) a party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed; and (iii) judicial notice may be taken at any stage of the proceeding. (5) Hearsay. (A) Hearsay is evidence regarding a statement made outside of the hearing by a person not present at the hearing and offered to prove the truth of the statement. (B) Hearsay evidence is not excluded because of its hearsay nature, but is admitted or excluded based upon the standards for admissibility and weight of hearsay evidence explained in (i) - (iii) of this subparagraph. (i) Generally, evidence is admissible if it is the type of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (ii) Unlike judicial proceedings in which certain classes of hearsay evidence are automatically excluded due to concerns over the hearsay's reliability, no class of hearsay evidence is automatically excluded in administrative proceedings. (iii) Once hearsay evidence is admitted, it is necessary for the AHO to decide what weight is given to the evidence. (D) When hearsay evidence is admitted and accorded great weight, an administrative decision may not be based solely on hearsay.

(a) If, following a hearing at which a decision was not pronounced, the administrative hearing officer (AHO) determines the evidence presented in the hearing was so inadequate that a decision cannot be made, the hearing is reopened and further information requested. (1) When it is necessary to reopen a hearing, the AHO sends the client, authorized representative, and the local office a letter clearly stating: (A) what evidence is to be submitted; (B) who submits the evidence; (C) a deadline for submission; (D) the manner in which the evidence is submitted; and (E) the deadline for the opposing party to submit comments regarding the evidence or to request the hearing be reconvened. (2) The client is expected to cooperate in any way necessary to obtain the desired information and failure to do so without good cause may result in the dismissal of the hearing request. (b) When the hearing is reopened for the purpose of obtaining additional medical information, the needed examination is arranged in the usual manner. (1) When the examination is authorized by a local office, the office routes the original completed report to the Appeals Unit and the client or authorized representative. (2) When the examination is authorized by State Office, all copies of the completed report are forwarded to the Appeals Unit by the division or unit that authorized the examination. The Appeals Unit sends a copy of the completed report to the local requesting office and to the client. (c) The AHO may make a referral to another unit or division, or request the local office obtain the needed information. (d) Following receipt of additional information, the AHO informs the client, authorized representative, and local office in writing of: (1) the additional evidence obtained; (2) the source of the additional evidence; (3) how the evidence relates to the issues; and (4) that either party may ask the hearing be reconvened, but the AHO is not required to grant the request.

(a) The Appeals Committee. (1) The Appeals Committee makes the hearing decision. (2) No member of the Appeals Committee may obtain information about the case from outside the hearing record. (b) Legal and factual basis of the decision. (1) The factual basis of the decision is the information available to the Oklahoma Department of Human Services (DHS) on the date of the decision and, if DHS failed to follow its own rules regarding the gathering of information, the information that would have been available to DHS at the time of the decision had the rules been followed. This information is obtained through: (A) hearing testimony; (B) exhibits introduced at the hearing; and (C) facts or law of which the AHO has taken judicial notice. (2) The law applied to the case is described in (A) - (C) of this paragraph. (A) The relevant Sections of the Oklahoma Administrative Code (OAC) are applied. (B) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statues, federal regulations, sub-regulatory material, and case law is appropriate. (C) No Section of the OAC is declared invalid. However, if the validity of any Section of the OAC is raised as an issue, the AHO permits arguments concerning the issue so that it is preserved for subsequent review. (c) Making the decision. (1) Following the hearing, the AHO reviews the evidence and applicable law. (2) If the AHO concludes DHS acted correctly, the AHO issues a written decision on behalf of the Appeals Committee. (3) If the AHO concludes DHS acted incorrectly, the AHO refers the case to the other members of the Appeals Committee. (A) The AHO prepares a vote sheet containing the AHO's vote and the reasoning supporting the vote. () (B) The AHO sends the vote sheet and Appeals Unit file to the member of the Appeals Committee from the affected division, who reviews the summary and Appeals Unit file prior to voting. (C) If the vote from the division member is: (i) favorable to the client, the file is returned to the AHO to issue a decision; or (ii) unfavorable to the client, the file is sent to the Appeals Unit supervisor to review and vote. (D) Following the vote by the Appeals Unit supervisor, the file is returned to the AHO to issue a decision in accord with the majority vote of the Appeals Committee. (d) The Appeals Committee may make a decision: (1) completely favorable to the client; (2) partially favorable to the client; (3) completely unfavorable to the client; (4) dismissing the hearing request because of client withdrawal or abandonment; (5) dismissing the hearing request because the hearing request does not relate to an appealable issue; (6) to hold a supplemental hearing; or (7) direct one, or both parties to obtain and submit additional information. (e) The Appeals Committee decision must contain: (1) a sufficient explanation of the issues, evidence, findings of fact, and law sufficient to inform the parties of the basis for the decision; and (2) appeal rights, the action required to appeal, and the time within which such action must be taken. (f) The Appeals Committee decision is sent to: (1) the client; (2) the authorized representative, if any; (3) the local office; (4) the DHS State Office programs manager of the program most affected by the decision; (5) other DHS components necessary for implementation of the decision; and (6) other DHS components the AHO or Appeals Unit supervisor chooses to notify.

Immediately following receipt of the copy of the Appeals Committee decision the local office takes whatever action is indicated in the decision. Appropriate action must be initiated within ten calendar days of receipt of the decision.

(a) Administrative disqualification hearings. An administrative disqualification hearing is initiated by the Oklahoma Department of Human Services (DHS) when the facts of the individual Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) case indicate an intentional program violation may have occurred. (b) Definition of intentional program violation. (1) SNAP. An intentional program violation consists of a client intentionally: (A) making a false or misleading statement; (B) misrepresenting, concealing, or withholding facts; or (C) committing any act that constitutes a violation of the Food Stamp Act; SNAP regulations; or Oklahoma laws or regulations relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp coupons, authorization to participate (ATP) document, or electronic benefit transfer (EBT) cards. (2) TANF. An intentional program violation occurs when an individual, for the purpose of establishing or maintaining the household's eligibility for TANF or for increasing or preventing a reduction in the amount of the grant, intentionally: (A) makes a false or misleading statement or misrepresentation, concealment, or withholding of facts; (B) performs any act intended to mislead, misrepresent, or conceal; (C) withholds facts; or (D) offers or proposes a falsity. (c) Consolidation of administrative disqualification hearing with administrative hearing. DHS may combine an administrative hearing and an administrative disqualification hearing into a single hearing when the factual issues arise out of the same, or related circumstances and the household receives prior notice the hearings will be combined. If the disqualification hearing and administrative hearing are combined: (1) DHS follows the time frame for conducting disqualification hearings; and (2) the household loses its right to an additional administrative hearing on the existence or amount of the overpayment when the combined hearing addressed the overpayment amount. (d) Advance notice of hearing. DHS sends a written notice to the household member suspected of an intentional program violation by first class mail at least 30 days in advance of the scheduled date of a disqualification hearing. The household may waive the 30-day advance notice if an administrative hearing and disqualification hearing are combined. (e) Failure to appear at the hearing. (1) If the household member suspected of an intentional program violation or its representative cannot be located or fails to appear at the DHS initiated hearing without good cause, the hearing is conducted without the household member present. (2) Even though the household member suspected of an intentional program violation is not present, the administrative hearing officer (AHO) is required to carefully consider the evidence and determine if an intentional program violation was committed. In the event of an adverse decision against the client, the client may demonstrate to the AHO good cause for failure to appear. If good cause is shown, the adverse decision is rescinded and another hearing scheduled. (f) Waiver of hearing. DHS provides the accused household member(s) the option of signing a waiver for an administrative disqualification hearing. (g) Postponement of hearing. (1) The household member or representative is entitled to a postponement of a scheduled SNAP hearing, provided the request for the postponement is made at least 10 days in advance of the scheduled hearing. (2) The local office notifies the Appeals Unit, if a postponement is requested. (h) Right to refuse to answer questions. At an administrative disqualification hearing, the AHO advises the household member(s) or representative they have the right to remain silent and that anything said, or signed, may be used against them in a court of law. (i) Criteria for determining intentional program violation. The AHO bases the determination of intentional program violation on clear and convincing evidence that demonstrates the household member(s) committed an intentional program violation, as defined in this Section. (j) Time limit for decision. Within 90 days of the date on the notice of hearing the household member is notified in writing of the decision. However, if the hearing has been postponed at the request of the household member suspected of an intentional program violation, the time limit is extended for as many days as the hearing was postponed. (k) Further appeal. (1) No further administrative appeal procedure exists after an individual waives his or her right to an administrative disqualification hearing or is determined by an AHO to have committed an intentional program violation. (2) The disqualification penalty cannot be changed by a subsequent administrative hearing decision.

(a) Telephonic hearings. (1) The Appeals Unit supervisor or the administrative hearing officer (AHO) may designate a hearing be conducted by the AHO by telephone. (2) When a hearing is conducted by an AHO in-person, the AHO may allow a witness, including the client or an Oklahoma Department of Human Services (OKDHS) employee, to testify by telephone, if the AHO determines: (A) the person's testimony is needed and he or she is unable to testify in person; or (B) requiring in-person testimony would be burdensome. (b) Procedures relating to telephonic hearings. (1) All procedures, forms, and policies regarding hearings apply to telephonic hearings, unless otherwise specified by the AHO. (2) The notice of hearing includes instructions to the parties regarding: (A) the submission of exhibits; (B) the location of the client and OKDHS employee during the hearing; and (C) any other instructions regarding pre-hearing and hearing procedures or requirements. (c) AHO authority. The AHO has the authority to issue directions regarding any aspect of a hearing conducted by telephone, even if different than directions and procedures included in other subsections of this Section, if necessary to ensure that the hearing process is fair to the client and OKDHS.

With the exception of administrative disqualification hearings, the decision of the Appeals Committee is subject to review by the Director of Human Services (Director) or the Director's designee per Section 168 of Title 56 of the Oklahoma Statutes. (1) Requests for review of an Appeals Committee decision may be made by a client or authorized representative when a written request for review is received by DHS within 30 days from the date of the Administrative Hearing Officer decision letter. Benefits are not continued or reinstated during the pendency of the review. (2) Request for review of an Appeals Committee decision may be made by the director of the DHS division that completed the action appealed. (A) The authority to request review may be delegated when the division director is unable to make the request due to absence or illness. (B) The request must be made in writing and received by the Appeals Unit or Director within 10 business days of the date of the hearing decision. (C) On receipt of a request for review by the Director, the Appeals Unit immediately notifies the client of the request for review, with a copy of the request attached. The notice includes: (i) a statement that the client may submit documents and written comments within 10 business days; (ii) the hearing decision is implemented immediately unless the client wishes to maintain the pre-hearing status quo until the Director issues a decision; and (iii) when the hearing decision has already been implemented, implementation is not undone unless the client wants to maintain the pre-hearing status quo until the Director issues a decision. (D) The decision of the Director, or designee is issued within 10 business days of the earlier of receipt of the client's comments or running of the deadline for client comments.

(a) An administrative hearing officer (AHO) has the authority to: (1) alter any requirement or procedure set forth in Oklahoma Administrative Code (OAC) 340:2-5-60 through 340:2-5-80 when necessary to provide due process to a client or give the client and the Oklahoma Department of Human Services (DHS) an adequate opportunity to present evidence and argument regarding issues relevant to the action being appealed. However, the AHO may not take an action that violates state or federal constitutions, statutes, or regulations; (2) take appropriate action regarding any situation not addressed in OAC 340:2-5-60 through 340:2-5-80; and (3) take any action necessary to provide a fair process for resolution of an appeal. However, the AHO may not take an action that violates the state or federal constitutions, statutes, or regulations. (b) The appeals unit supervisor has the authority to: (1) in case of absence or unavailability of the assigned AHO, make decisions regarding administrative issues in a case including, but not limited to, the granting of a request for continuance of a hearing or the determination of timeliness of a hearing request; and (2) make any decision necessary to provide a fair process for resolution of an appeal. This may include the direction of an AHO to take, or not take, a specific action. However, the appeals unit supervisor may not take an action that violates state or federal constitutions, statutes, or regulations. (c) The appeals unit supervisor may not direct the AHO to take, or not take, action regarding the merits of a case.

Section 7206.1 of Title 10 of the Oklahoma Statutes and Title IV-E of the Social Security Act provide an administrative hearing for a Department of Human Services (DHS) resource family aggrieved by a DHS action, or failure to act, in any of the programs listed in OAC 340:2-5-91.

(a) Purpose. The primary purpose of the fair hearing is to safeguard the rights of clients and provide recourse to address infractions of individual rights and interests. Administrative fair hearing may be granted to foster parents, adoptive parents, or kinship guardians. (b) Foster parents. An administrative hearing is granted to foster parents when Oklahoma Department of Human Services (OKDHS): (1) denies the foster parent's claim for foster care maintenance payments; (2) pays foster care maintenance payments in an amount lower than the amount claimed; (3) does not pay the foster care maintenance payments to the foster parent in a timely manner; (4) closes the foster home unless the court ordered the child removed from the foster home or upheld a decision removing the child from the foster home; (5) does not return a child in OKDHS custody removed from the foster home due to a child abuse or neglect investigation, and the foster parent: (A) was not provided notice of the foster parent's right to be heard during proceedings before the court; or (B) received the notice, attempted to have the court hear the question but was denied a right to be heard by the court regarding the decision not to return the child during a hearing, and the court never heard the question about whether the child should be returned; or (6) notifies the foster parent of an overpayment the foster parent disputes. (c) Adoptive parents. An administrative hearing is granted to adoptive parents when OKDHS: (1) denies the adoptive parent's application for adoption assistance; (2) approves the adoptive parent's application for adoption assistance in an amount less than requested; (3) modifies or terminates adoption assistance without the concurrence of the adoptive parents; (4) delays or denies an authorized adoptive placement with an out-of-state family; or (5) notifies the adoptive parent of an overpayment the adoptive parent disputes. (d) Kinship guardians. An administrative fair hearing may be granted to kinship guardians when OKDHS: (1) denies a kinship guardianship assistance payment as indicated on Form 04AN011E, Request for Review of Denial; (2) approves the kinship guardianship payment in an amount less than requested; (3) delays or denies an authorized kinship guardian placement out-of-state with the kinship guardian; or (4) notifies the kinship guardian of an overpayment the kinship guardian disputes.

The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise: "Access to the case file" means that the resource family and their authorized representative have the right to review any information to be used by the Department of Human Services (DHS) in the hearing. (A) The review may be made at a reasonable time before the date of the hearing. (B) Access to the case file means access to the resource family file but does not include the Division of Children and Family Services (DCFS) records and any report to the district attorney unless ordered released by the administrative hearing officer (AHO). The order is based upon a request by the resource family and, after an in camera review by the AHO, a determination that a compelling reason exists and that disclosure is necessary for the protection of a public or private interest. Any child's name and the reporter's name is removed prior to submitting the information to the AHO. (C) When a request for file access is made, the local office makes arrangements for the resource family, authorized representative, or both to review the resource file with as much privacy as possible. A supervisory staff member observes the review of the resource file to ensure that contents of the resource file are not removed from the record. (D) The resource family and their authorized representative are free to make written notes from the record or obtain copies of available documents. A resource family or their authorized representative are not charged for copies of documents made for the purpose of the hearing preparation or presentation. "Administrative hearing officer" (AHO) means: (A) the professional staff member of the Appeals Unit who has been designated by the Appeals Unit supervisor to conduct an administrative hearing and issue a decision; or (B) a lawyer who has a contract with DHS to preside over administrative hearings and issue a decision. "Appeals Committee" means the committee which makes the hearing decision, consisting of the AHO who presided over a hearing, the division director of the affected program or designee, and the Appeals Unit supervisor. The Director of DHS has the authority to alter the members as he or she deems appropriate. "Appeals Unit" means the unit established within the Legal Division which is responsible for conducting administrative hearings. "Authorized representative" means a person authorized by the resource family to represent them in the hearing process. (A) Any party may be represented by a lawyer, or legal intern, licensed to practice by the Supreme Court of Oklahoma. (B) A party may be represented by a non-lawyer. (C) If the representative is not a lawyer, DHS verifies the authority of the person to represent the resource family through verbal or written authorization of the resource family. "DHS" means the Oklahoma Department of Human Services. "Hearing" means the process by which the AHO obtains evidence and makes a decision regarding the protested action, or failure to act, by DHS. "Hearing summary" is a document stating the reasons for DHS' action or inaction. It provides the resource family with information needed to prepare for the hearing. "Local office" means any office in any division or unit of DHS which is responsible for the act, or failure to act, which is the subject of the hearing. "Local staff member" means the particular staff member who was responsible for the protested action, or failure to act, and who represents DHS in activities during the time period extending from the resource family's request for a hearing through any needed action following the decision on the hearing. "OAC" means the Oklahoma Administrative Code, which contains the regulations promulgated by each state agency. "Official record" means records consisting of: (A) all evidence offered for introduction at the hearing; (B) an electronic recording of the hearing; and (C) the hearing decision. "Resource family" means an adoptive or foster home, including kinship. " Substantial evidence" means evidence which shows that there is a substantial basis of facts to support the decision being appealed. Substantial evidence need not rise to the level of a preponderance of the evidence, but must be more than a scintilla of evidence.

In computing any period of time prescribed or allowed by this Part, the day of the act, or event, from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a weekend, or a legal holiday as defined by the Oklahoma Statutes.

A hearing request is a written expression by a resource family or authorized representative that the resource family wants to contest a Department of Human Services (DHS) action, or failure to act, through the hearing process. The request must be written on Form H-4, Resource Family Request for Fair Hearing, and signed by the resource family or authorized representative.

(a) Upon receipt of a hearing request, the Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO) who determines if: (1) the hearing request was made timely. A hearing request is considered timely if the hearing request was in writing, signed by the resource family or authorized representative, and received by the Department of Human Services (DHS) within 30 days of the action, or failure to act, which is being appealed; and (2) the appeal relates to an appealable issue. Issues on which an appeal can be granted are described at OAC 340:2-5-91. (b) If a hearing request is both timely and relates to an appealable issue, the Appeals Unit mails the notice of hearing to the resource family. Copies of this notification are sent to the local office or State Office, as appropriate, and the authorized representative, if any.

(a) As soon as a request for a hearing is received, the child welfare worker, Children and Family Services Division (CFSD) program staff responsible for the Adoption Assistance Program, or Developmental Disabilities Services Division programs manager, as applicable, prepares the hearing summary on Form H-1-A, Hearing Summary. The areas that are covered include: (1) the type of decision, action, or inaction on the part of the local office; (2) nature of resource family's complaint; (3) point at issue, exactly what the resource family is appealing; (4) chronological summary of pertinent events and evidence leading to the action or inaction; (5) policy including: (A) verbatim quotations from the manual regarding the policy on which the decision was based; or (B) copies of applicable policy with the pertinent portions marked; (6) evidence and pertinent documents supporting the action of the local office; and (7) any other items required by the Department of Human Services (DHS) regulations. (b) A copy of Form H-1-A is mailed or hand-delivered to the resource family as soon as a copy of the notification of the hearing date is received from the Appeals Unit.

Following a hearing request, there is no contact regarding the merits of the case between the AHO and a person with an interest in the case unless there is notice to all parties and an opportunity to participate in the communications, except: (1) when necessary to the disposition of the case; (2) on matters of an informational or procedural nature; or (3) the AHO may contact the local office in order to obtain information regarding the timeliness of the hearing request or whether an appealable issue exists.

(a) Continuance of hearing. (1) Additional evidence. At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to submit any additional evidence the AHO deems necessary. The AHO may set time limits for the submission. (2) Scheduling. If the AHO is informed, in advance of a hearing, that the resource family, authorized representative, or Department of Human Services (DHS) needs a continuance, the AHO continues the hearing if good cause is shown. (b) Withdrawal of request for hearing. A resource family or authorized representative may withdraw a hearing request in writing, signed by the resource family or authorized representative. (c) Dismissal of hearing request. If the resource family or authorized representative fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear, the AHO issues a letter of decision dismissing the request for hearing.

An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of witnesses or production of evidence at hearings. (1) An AHO, at the request of a resource family, authorized representative, or on his or her own motion, may require the presence or production at a hearing of: (A) a particular DHS employee; (B) DHS records; or (C) other evidence in the possession of DHS. (2) A resource family's request for the presence of a DHS employee, DHS records, or other evidence, is granted by the AHO only if the resource family shows that the presence of the DHS employee or evidence is: (A) relevant to the issues involved in the hearing; (B) necessary for determination of the issues; and (C) not confidential pursuant to state or federal law. (3) If the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.

(a) Standard of review. The administrative hearing officer (AHO) determines whether the Department of Human Services (DHS) action is supported by substantial evidence and not contrary to the applicable law. (b) Burden of proof. The party who seeks to alter the status quo has the burden of proof. (1) The burden of proof is on a resource family to show that adoption assistance or foster care payments should be granted or increased. (2) The burden of proof is on DHS to show that: (A) a foster care home should be closed; (B) a foster child should not be returned to the foster home after the conclusion of an investigation; or (C) there has been an overpayment of adoption assistance or foster care payments.

(a) Hearings. All hearings scheduled by the Appeals Unit are conducted by an administrative hearing officer (AHO), who: (1) designates the hearing location; (2) administers oaths; (3) conducts the hearing in an orderly manner; (4) ensures all relevant evidence is considered; and (5) rules on the admissibility of evidence. (b) Hearings are not open to the public. (1) In order to protect the confidential nature of case material and the relationship between the resource family and the Department of Human Services (DHS) and in order to protect the identity of children and their privacy, hearings are not open to the public. (2) No one other than the resource family, the authorized representative, and the DHS representative are permitted to attend the hearing, without permission of the AHO. (c) Pre-hearing conference. (1) A conference may be conducted by the AHO prior to the hearing. The purpose of the pre-hearing conference is to reduce the actual amount of time spent in the hearing. In the pre-hearing conference the AHO identifies all: (A) witnesses; (B) exhibits; and (C) issues to be covered in the hearing. (2) The AHO determines if the pre-hearing conference is to be recorded. The conference may be conducted by phone. (d) Recording the hearing. (1) The AHO is responsible for arranging for the hearing to be recorded. The hearing may be recorded electronically or by a certified court reporter. (2) The AHO's recording of the hearing is the official recording. However, the resource family or authorized representative may provide his or her own recording device for use during the hearing unless such recording is disruptive. In no case is the hearing videotaped. (3) Upon written request to the Appeals Unit, DHS provides the resource family or authorized representative a copy of the: (A) tape recording of the hearing. A transcript of the recording is provided only when required by federal or state law; or (B) court reporter's transcript. (e) Order of presentation. (1) The AHO directs the order of presentation of evidence. (2) When presentation of the evidence is complete, the AHO allows closing statements.

(a) In general. (1) The Rules of Evidence are not observed. (2) Evidence is admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (3) Evidence which may reasonably be construed as relevant and which is not otherwise unduly repetitious is admitted. (b) Specific evidentiary issues. (1) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, all parties are given an opportunity to compare the copy with the original. (2) Evidence normally stored in electronic form may be printed and introduced as if the printed page was the original. Electronic evidence includes, but is not limited to: (A) Department of Human Services (DHS) records; (B) e-mail; and (C) Internet pages. (3) When all parties stipulate to a fact, the administrative hearing officer (AHO) may make a finding of fact on the basis of the stipulation. (4) Judicial notice. (A) Law. Judicial notice is taken by the AHO of the common law, constitutions, statutes, and administrative regulations in force in every state, territory, and jurisdiction of the United States. (B) Facts. (i) A judicially noticed adjudicative fact is not subject to reasonable dispute. It is either: (I) generally known within the state; or (II) capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned. (ii) An AHO may take judicial notice of a fact: (I) if requested by a party and supplied with the necessary information; or (II) on his or her own motion. (C) Propriety. In determining the propriety of taking judicial notice of a matter: (i) the AHO may consult and use any source of pertinent information, whether or not furnished by a party; (ii) a party is entitled, upon timely request, to have an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken; and (iii) judicial notice may be taken at any stage of the proceeding. (5) Hearsay. (A) Hearsay is evidence regarding a statement made outside of the hearing by a person not present at the hearing and which is offered to prove the truth of the statement. (B) Hearsay evidence is not excluded because of its hearsay nature but is admitted or excluded based upon the standards listed in (C) and (D) of this paragraph. (C) Admissibility and weight of hearsay evidence is explained in (i) - (iii) of this subparagraph. (i) Generally, evidence is admissible if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (ii) Unlike judicial proceedings in which certain classes of hearsay evidence are automatically excluded due to concerns over the hearsay's reliability, no class of hearsay evidence is automatically excluded in administrative proceedings. (iii) Once hearsay evidence has been admitted, it is still necessary for the AHO to decide what weight should be given to the evidence. (D) Even if hearsay evidence is admitted and accorded great weight, an administrative decision may not be based solely on hearsay.

(a) The Appeals Committee. (1) The Appeals Committee makes the hearing decision. (2) Unless otherwise designated by the Director of the Department of Human Services (DHS), the Appeals Committee consists of the: (A) administrative hearing officer (AHO) who presided over the hearing; (B) director of the DHS division which administers the program which was the subject of the hearing. The division director may delegate this responsibility to someone in the division at the level of program administrator; and (C) Appeals Unit supervisor. (3) No member of the Appeals Committee may obtain information about the case from outside the hearing record. (4) Any member of the Appeals Committee who was involved in making the decision which is the subject of appeal disqualifies himself or herself from participation. (A) The division director or program administrator appoints an appropriate substitute from within the division or, if an appropriate substitute is not available within the division, a substitute is appointed by the Appeals Unit supervisor. (B) The Appeals Unit supervisor appoints a substitute for himself or herself from the Legal Division. (b) Legal and factual basis of the decision. (1) The factual basis of the decision is the information that was available to DHS on the date of the decision and, if DHS failed to follow its own rules regarding the gathering of information, the information that would have been available to DHS at the time of the decision had the rules been followed. This information is obtained through: (A) hearing testimony; (B) exhibits introduced at the hearing; and (C) facts or law of which the AHO has taken judicial notice. (2) The law applied to the case is described in (A) - (C) of this paragraph. (A) The relevant sections of the Oklahoma Administrative Code (OAC). (B) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statues, federal regulations, sub-regulatory material, and case law is appropriate. (C) No section of the OAC shall be declared invalid. However, if the validity of any section of the OAC is raised as an issue, the AHO permits arguments concerning that issue so that the issue is preserved for subsequent review. (c) Making the decision. (1) Following the hearing, the AHO reviews the evidence and applicable law. (2) If the AHO concludes that DHS acted correctly, the AHO issues a hearing decision letter on behalf of the Appeals Committee. (3) If the AHO concludes that DHS acted incorrectly, the AHO refers the case to the Appeals Committee. (A) The AHO prepares a: (i) summary of the hearing, which includes the AHO's findings of fact. The findings of fact are binding on each member of the Appeals Committee; and (ii) vote sheet, which contains the AHO's vote and the reasoning supporting the vote. (B) The AHO sends the summary, vote sheet, and Appeals Unit file to the member of the Appeals Committee from the division, who reviews the summary and Appeals Unit file prior to voting. (C) If the vote from the division member is: (i) favorable to the client, the file is returned to the AHO to issue a decision; or (ii) unfavorable to the client, the file is sent to the Appeals Unit supervisor to review and vote. (D) Following the vote by the Appeals Unit supervisor, the file is returned to the AHO to issue a decision in accord with the majority vote of the Appeals Committee. (d) The Appeals Committee may make a decision : (1) completely favorable to the client; (2) partially favorable to the client; (3) completely unfavorable to the client; (4) dismissing the hearing request because of client withdrawal or abandonment; or (5) dismissing the hearing request because the hearing request does not relate to an appealable issue. (e) The Appeals Committee decision must contain : (1) a sufficient explanation of the issues, evidence, findings of fact, and law which are sufficient to inform the parties of the basis for the decision; and (2) appeal rights, the action required to appeal, and the time within which such action must be taken. (f) The Appeals Committee decision is sent to: (1) the client; (2) the authorized representative, if any; (3) the local office; (4) the DHS State Office programs manager of the program most affected by the decision; (5) any other component of DHS which is necessary for implementation of the decision; and (6) any other component of DHS which the AHO chooses to notify.

Upon receipt of the Appeals Committee decision, the local office takes, within ten days, any action necessary to implement the decision. If the action necessary to implement the decision takes more than ten days to complete, the reason(s) is documented in the case record by the county director.

The decision of the Appeals Committee is subject to review by the Director of the Department of Human Services (DHS). Requests for review of an Appeals Committee decision may be made by a client or authorized representative if a written request for review is received by DHS within 30 days from the date of the hearing decision letter. The decision of the Appeals Committee is not stayed pending the DHS Director's review.

Sections 405.3, 407, and 408 of Title 10 of the Oklahoma Statutes provide for administrative hearings when the Oklahoma Department of Human Services (DHS): (1) denies an application for a license to operate a child care facility; (2) revokes a license to operate a child care facility; (3) issues an Emergency Order to a child care facility; and (4) records an individual on the Child Care Restricted Registry.

The DHS Legal Services Appeals Unit presides over hearings when an appealing party requests a hearing regarding: (1) denial of an application for a child care facility license; (2) revocation of a child care facility license; (3) an Emergency Order relating to a child care facility; and (4) recording an individual on the Child Care Restricted Registry.

The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise: "Access to the case file" means the appealing party has the right to review any information used by the Oklahoma Department of Human Services (DHS) in the hearing. (A) The review may be made at a reasonable time before the date of the hearing. (B) Access to the case file means access to the appealing party file but does not include the Child Welfare Services records and any report to the district attorney unless ordered released by the administrative hearing officer (AHO). The order is based on a request by the appealing party and, after an in camera review by the AHO, a determination that a compelling reason exists and that disclosure is necessary for the protection of a public or private interest. Any child's name and the reporter's name are removed prior to submitting the information to the AHO. (C) When a request for file access is made, the local office makes arrangements for the appealing party to review the case file with as much privacy as possible. A supervisory staff member observes the review of the case file to ensure contents of the case file are not removed from the record. (D) The appealing party is free to make written notes from the record or obtain copies of available documents. An appealing party is not charged for copies of documents made for the purpose of hearing preparation or presentation. "Administrative hearing officer (AHO)" means: (A) the professional staff member of the DHS Legal Services Appeals Unit who is designated by the Appeals Unit supervisor to conduct an administrative hearing and issue a decision; or (B) a lawyer who has a contract with DHS to preside over administrative hearings and issue decisions. "Appealing party" means an applicant, licensee, potential registrant, and the authorized representative. "Appeals Unit" means the unit established within DHS Legal Services, that is responsible for conducting administrative hearings. "Appeals Unit supervisor" means the person designated by the DHS general counsel to supervise the Appeals Unit. "Applicant or licensee" means: (A) an applicant for a license to operate a child care facility; or (B) the holder of a license to operate a child care facility that was revoked. "Authorized representative" means a person authorized by the applicant or licensee to represent them in the hearing process. (A) Any party may be represented by a lawyer or legal intern licensed to practice by the Supreme Court of Oklahoma. (B) A party may be represented by a non-lawyer. (C) If the representative is not a lawyer, DHS verifies the authority of the person to represent the appealing party through verbal or written authorization of the appealing party. "Child Care Services (CCS)" means any office in any division or unit within CCS that is responsible for the act, or failure to act, which is the subject of the hearing request. "Clear and convincing evidence" means the degree of proof that produced in the AHO a firm belief as to the truth of the allegation sought to be established. "DHS" means the Oklahoma Department of Human Services. "Hearing" means the process by which evidence is obtained and a decision is made regarding the DHS action protested. "Hearings on licensing actions related to child care facilities and child -placing agencies" means: (A) the process to review a DHS decision on denial or revocation of a license for a child care facility or child-placing agency; or (B) hearings on Emergency Orders to cease operation of a child care facility. "Hearing request" means a written expression by an appealing party of the desire to contest an action by DHS through the hearing process. "OAC" means the Oklahoma Administrative Code, which contains the regulations promulgated by each state agency. "Official record" means: (A) all evidence admitted as evidence at the hearing; (B) an electronic recording of the hearing, or a transcription of the hearing; and (C) the hearing decision. "Registrant" means an individual recorded on the Child Care Restricted Registry.

In computing any period of time prescribed or allowed by this Part, the day of the act, or event, from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a weekend, or a legal holiday as defined by the Oklahoma Statutes.

(a) A hearing request must be in writing and signed by the appealing party. (b) To be considered timely, a hearing request must be received by the Oklahoma Department of Human Services within: (1) 30-calendar days of receipt of the notice of denial or revocation; (2) 10-calendar days of receipt of an Emergency Order; or (3) 30-calendar days of receipt of the notice of recording on the Child Care Restricted Registry.

(a) Upon receipt of a hearing request, a hearing number is assigned. (b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO). The AHO determines if the hearing request: (1) was made timely; and (2) involves an appealable issue. An issue is appealable only if the Oklahoma Department of Human Services notified the appealing party in writing that: (A) an application for a child care facility license is denied; (B) a child care facility license is revoked; (C) an Emergency Order was issued; or (D) an individual received notice of his or her name being recorded on the Child Care Restricted Registry. (c) When a hearing request is both timely and relates to an appealable issue the: (1) AHO sets a hearing date. In appeals of Emergency Orders, the hearing must be held within 10-calendar days of receipt of the appealing party's request for a hearing; (2) Appeals Unit supervisor designates an AHO; and (3) Appeals Unit mails the notice of hearing to the appealing party. Copies of this notification are sent to Child Care Services, appropriate supervisory staff, and the authorized representative, if any. The notice of hearing is mailed in cases involving: (A) license denial or revocation, by certified mail not less than 14 calendar days prior to the hearing date, unless waived by the appealing party; (B) appeals of Emergency Orders, notice is given as far in advance of the hearing date as possible; and (C) recording on the Child Care Restricted Registry, by certified mail not less than 14 calendar days prior to the hearing date, unless waived by the registrant.

Following a hearing request, there is no direct or indirect contact regarding the merits of the case between the AHO and a person with a direct or indirect interest in the case, unless there is notice to all parties and an opportunity to participate in the communication, except the AHO may: (1) be contacted on matters of an informational or procedural nature; or (2) contact Child Care Services in order to obtain information regarding: (A) timeliness of the hearing request; or (B) if an appealable issue exists.

(a) Continuance of hearing. (1) Additional evidence. At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made. If so, the AHO may continue the hearing and direct the parties to submit any additional evidence deemed necessary. The AHO may set time limits for the submission. (2) Scheduling. If the AHO is informed, in advance of a hearing, that the appealing party or the Oklahoma Department of Human Services needs a continuance, the AHO continues the hearing when good cause is shown. (b) Withdrawal of request for hearing. An appealing party may withdraw a hearing request in writing, signed by the appealing party. (c) Dismissal of hearing request. When the appealing party fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear at the appointed time, the AHO issues a letter of decision. The letter advises the appealing party that the request for the hearing has been dismissed and Child Care Services will take action to implement the decision.

An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of people or production of evidence at hearings. (1) An AHO, at the request of an appealing party or on his or her own motion, may require the presence at a hearing of: (A) a particular DHS employee; (B) DHS records; and (C) other DHS evidence. (2) An appealing party request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only when the appealing party shows that the presence of the DHS employee or evidence is: (A) relevant to the issues involved in the hearing; (B) necessary for determination of the issue; (C) not otherwise obtainable by the appealing party; and (D) not confidential pursuant to state or federal law. (3) When the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.

(a) Standard of review. The administrative hearing officer (AHO) determines whether the Oklahoma Department of Human Services (DHS) action is supported by clear and convincing evidence and not contrary to the applicable law. (b) Burden of proof. The party who seeks to alter the status quo has the burden of proof. The burden of proof is on: (1) an applicant to show that the applicant is eligible to receive a child care facility license; (2) DHS to show that a child care facility license should be revoked; (3) DHS to show that the issuance of an Emergency Order was necessary to protect the health, safety, or welfare of a child receiving child care; and (4) DHS to show that the person should be recorded on the Child Care Restricted Registry.

(a) Hearings. All hearings scheduled by the Appeals Unit are conducted by an administrative hearing officer (AHO), who: (1) designates the hearing location; (2) administers oaths; (3) conducts the hearing in an orderly manner; (4) rules on the admissibility of evidence; and (5) takes such action as the AHO deems necessary to reach a proper disposition of the case. (b) Hearings are not open to the public. (1) In order that the confidential nature of case material and the relationship between the appealing party and the Oklahoma Department of Human Services (DHS) is maintained, hearings are not open to the public. (2) With approval of the AHO, in addition to the appealing party and the local office representative, persons permitted to attend the hearing are: (A) persons invited by the appealing party; (B) witnesses, subject to the AHO's direction that witnesses are excluded from the hearing prior to their testimony; and (C) any member of the Child Care Advisory Committee who wants to attend the hearing. (c) Pre-hearing conference. A conference may be conducted by the AHO prior to the formal beginning of a hearing. The pre-hearing conference is not recorded. (d) Recording the hearing. (1) The AHO is responsible for arranging for the hearing to be recorded. The hearing may be recorded electronically or by a certified court reporter. (2) The AHO's recording of the hearing is the official recording. The appealing party may provide his or her own recording device for use during the hearing if such recording is not disruptive. Videotaping is not allowed. (3) Upon written request to the Appeals Unit, DHS provides the appealing party a copy of the: (A) tape recording of the hearing. A transcript of the recording is provided only when required by federal or state law; or (B) court reporter's transcript. (e) Sequestration of witnesses. The AHO may require that any witness, other than the appealing party or the Child Care Services representative, absent himself or herself from the hearing room except when the witness is testifying. (f) Presentation of the case. (1) The AHO directs the order of presentation of the case. (2) When presentation of the evidence is complete, the AHO allows closing statements. (3) The AHO renders a decision immediately following closing statement.

(a) In general. (1) Formal rules of evidence are not observed. (2) Evidence is admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (3) Evidence which may reasonably be construed as relevant and which is not otherwise unduly repetitious is admitted. Evidence which is irrelevant or unduly repetitious may be excluded. (b) Specific evidentiary issues. (1) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request all parties are given an opportunity to compare the copy with the original. (2) Evidence normally stored in electronic form may be printed and introduced as if the printed page was the original. Electronic evidence includes, but is not limited to: (A) Department of Human Services (DHS) records; (B) e-mail; and (C) Internet pages. (3) When all parties stipulate to a fact, the administrative hearing officer (AHO) may make a finding of fact on the basis of the stipulation. (4) Judicial notice . (A) Law. Judicial notice is taken by the AHO of the common law, constitutions, statutes, and administrative regulations in force in every state, territory, and jurisdiction of the United States. (B) Facts. (i) A judicially noticed fact is not subject to reasonable dispute. It is either: (I) generally known within the state; or (II) capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned. (ii) An AHO may take judicial notice of a fact: (I) if requested by a party and supplied with the necessary information; or (II) on his or her own motion. (C) Propriety. In determining the propriety of taking judicial notice of a matter: (i) the AHO may consult and use any source of pertinent information, whether or not furnished by a party; (ii) a party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed; and (iii) judicial notice may be taken at any stage of the proceeding. (5) Hearsay. (A) Hearsay is evidence regarding a statement made outside of the hearing by a person not present at the hearing and which is offered to prove the truth of the statement. (B) Hearsay evidence is not excluded because of its hearsay nature but is admitted or excluded based upon the standards set forth below. (C) Admissibility and weight of hearsay evidence is explained in (i) - (iii) of this subparagraph. (i) Generally, evidence is admissible if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. (ii) Unlike judicial proceedings in which certain classes of hearsay evidence are automatically excluded due to concerns over the hearsay's reliability, no class of hearsay evidence is automatically excluded in administrative proceedings. (iii) Once hearsay evidence has been admitted, it is still necessary for the decision maker to decide what weight should be given to the evidence. (D) Even if hearsay evidence is admitted and accorded great weight, an administrative decision may not be based solely on hearsay.

(a) The factual basis of the decision is information that was available to the Oklahoma Department of Human Services (DHS) on the date of the decision and, if DHS failed to follow its own rules regarding the gathering of information, the information that would have been available to DHS at the time of the decision had the rules been followed. This information is obtained through: (1) hearing testimony; (2) exhibits admitted as evidence at the hearing; or (3) facts or law of which the administrative hearing officer (AHO) has taken judicial notice. (b) The law applied to the case is described in (1) - (3) of this subsection. (1) The relevant sections of the Oklahoma Administrative Code (OAC) are applied. (2) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statutes; federal regulations, sub-regulatory material, and case law is appropriate. (3) The AHO does not declare any Section of the OAC invalid. However, if the validity of any Section of the OAC is raised as an issue, the AHO permits arguments concerning that issue so the issue is preserved for subsequent review. (c) The AHO renders a decision at the conclusion of the presentation of the case and indicates the decision on the date of the hearing on a form that includes a statement of the applicant's, licensee's, or registrant's appeal rights. (d) Immediately after pronouncing the decision, the AHO: (1) requests the appealing party sign the statement on the decision form to acknowledge receipt of the decision; and (2) provides a copy of the decision to: (A) the applicant, licensee, or registrant; (B) the authorized representative, if any; (C) Child Care Services; and (D) any other component of DHS that is necessary for implementation of the decision.

The Division of Child Care takes action necessary to implement the decision of the administrative hearing officer. If the action necessary to implement the decision takes more than ten days to complete, the reason(s) is documented in the case record.

(a) Revocation or denial. When the decision of the Oklahoma Department of Human Services (DHS) to revoke or deny a license to operate a child care facility is upheld, the administrative hearing officer (AHO) informs the appealing party that an appeal to district court may be filed within 10-calendar days after the decision is rendered. (b) Emergency orders. When the DHS decision is upheld, the AHO informs the appealing party that an appeal may be filed in the district court within 10-calendar days after the decision is rendered. (c) Recording on Child Care Restricted Registry. When the DHS decision is to record an individual on the Child Care Restricted Registry, the AHO informs the registrant that an appeal to district court may be filed within 10-calendar days after the decision is rendered.

(a) Right to apply. A person has the right to: (1) apply for Temporary Assistance for Needy Families (TANF); (2) expect an eligibility investigation; and (3) receive a prompt decision regarding his or her application. (b) Appeal rights. Persons who apply for, or receive, TANF cash assistance have the right to appeal any action taken that was related to receipt of TANF benefits. An applicant may also appeal a delay in processing an application timely, per Oklahoma Administrative Code (OAC) 340:65-3-5. Refer to OAC 340:2-5 for fair hearing procedures. (c) Safeguarding information. Federal and state laws and Oklahoma Human Services (OKDHS) rules restrict the use or disclosure of information concerning TANF applicants or recipients to purposes directly connected with TANF program administration. Refer to OAC 340:65-3-2 rules regarding safeguarding case information and information that may be disclosed. (d) Assistance under only one program. An eligible person must only be included in one cash assistance program; the State Supplemental Payment (SSP) or TANF. (e) Standards for determining eligibility and amount of payment. To promote uniformity and accuracy in determining eligibility,refer to rules included in this Chapter and OAC 340:65. OKDHS uses a flat grant, per OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX, to meet families'basic needsfor food, clothing, medications, personal items, shelter, utilities, and household equipment. (f) 60-calendar month time limit. Effective October 1, 1996, TANF cash assistance receipt is restricted to a lifetime limit of 60-calendar months, whether consecutive or not. The time limit may be extended when Adult and Family Services TANF Unit staff approves a hardship extension, per OAC 340:10-3-56(a)(2)(E). (g) Civil rights. The TANF program is administered, per the provisions of Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1975, as amended; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990; and Title IX of the Education Amendments of 1972, as amended. (h) Electronic benefit transfer (EBT) restrictions. States are required to maintain policies and practices as necessary to prevent TANF cash assistance from being used in any EBT transaction in certain prohibited businesses, per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)). 56 O.S. § 241.4 also restricts the use of EBT transactions in these businesses and adds one additional prohibited business. (1) Prohibited businesses include any: (A) liquor store. The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor. The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods, per 7 U.S.C. § 2012; (B) casino, gambling casino, or gaming establishment except for: (i) a grocery store that sells groceries, including staple foods, per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or (ii) any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business; (C) retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or (D) retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products. This type of retail establishment is prohibited, per 56 O.S. § 241.4, but not by federal law. (2) EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service. (3) OKDHS informs applicants and recipients of this prohibition by including information about the prohibition in: (A) Form 08MP003E, Rights, Responsibilities, and Signature for Benefits, of the application; (B) posters displayed in county office lobbies; (C) the certification notice; and (D) a sign sent to identified prohibited businesses to educate staff and customers that the OKDHS-issued debit card is not accepted at their businesses. (4) Refer to OAC 340:10-3-57(h) for recipient benefit reduction penalties when OKDHS determines a recipient used his or her debit card in a prohibited business. (5) Refer to OAC 340:65-3-6 for debit card and direct deposit procedures, including information about accessing benefits, free services, and fees. (i) TANF State Plan. The TANF State Plan is a separate document completed and submitted to the Administration for Children and Families every two years.

All parents or needy caretakers who apply for or receive Temporary Assistance for Needy Families (TANF) cash assistance from Oklahoma must participate in a work activity. The hours required are the minimum number of hours necessary to move that person into employment and self-sufficiency, per (2) of this Section. (1) Work-eligible person. A work-eligible person is an adult or minor head of household included in the TANF assistance unit. The following persons are not work-eligible: (A) a minor parent who is not the head of household; (B) a non-citizen who is ineligible due to his or her immigration status; (C) a parent providing care for a disabled family member living in the home provided the need for such care is supported by medical documentation; (D) a Supplemental Security Income recipient; or (E) a parent who receives Social Security Disability Insurance benefits. (2) Minimum hours of TANF Work activities. (A) All work-eligible persons must participate in the minimum hours of work activities. (i) A work-eligible person must participate in work activities an averagae of 30 hours per week. When the person is a single custodial parent with a child under 6 years of age, he or she must participate in work activities an average of 20 hours per week. (ii) In a two-parent family, when deprivation is based on incapacity, the non-incapacitated adult must participate in work activities an average of 30 hours per week unless he or she is: (I) required in the home to provide care for the incapacitated work-eligible parent; or (II) a custodial parent with a child under 6 years of age. In this instance the non-incapacitated adult must participate in work activities an average of 20 hours per week. (iii) In a two-parent family, when deprivation is based on unemployment, one adult must participate in work activities an average of 35 hours per week and the other adult must participate an average of 30 hours per week. When one parent is an ineligible alien, the other parent must participate in work activities an average of 35 hours per week. When both parents are ineligible aliens, the family does not qualify as a two-parent family as the work requirement cannot be met. (iv) To determine the average weekly countable work hours for a work-eligible person who is self-employed, the Adult and Family Services (AFS) eligibility staff: (I) determines the person's monthly countable earned self-employment income per Oklahoma Administrative Code (OAC) 340:10-3-32; (II) divides the income by the federal minimum wage; and (III) divides that figure by 4.3 that equals weekly countable work hours. (B) Hours missed due to holidays and excused absences count as hours of participation for any unpaid scheduled work activity per criteria in (i) through (iii) of this subparagraph. (i) Federal law establishes public holidays and the Governor orders state holidays. When the facility the participant attends is open on a designated holiday, the day is not a holiday for participation purposes. (ii) Excused absences are reasonable, short-term hours missed from a scheduled work activity. The participant may be granted a maximum of 80 hours of excused absences in any 12-month period with no more than 16 hours of excused absences per month counted as TANF Work participation hours. All excused absences must be approved by the AFS eligibility staff. An excused absence is defined as: (I) unavailability of appropriate child care; (II) illness or injury of the participant or a family member who lives in the household. The family member must meet the definition of a relative per OAC 340:10-9-1; (III) scheduled doctor appointments for the participant or a family member who lives in the household; (IV) the participant's court-required appearance; (V) the participant's attendance at parent and teacher conferences; (VI) the temporary unavailability of planned transportation when needed or inability to arrange for transportation; (VII) an inclement weather occurrence that prevented the participant, and other persons similarly situated, from traveling to, or participating in, the prescribed activity; (VIII) crisis intervention needed due to domestic violence issues; (IX) a family crisis; or (X) the participant's required attendance for a specific appointment by another governmental entity. (iii) To count an excused absence or holiday as participation hours, the participant must have been scheduled to participate in an allowable work activity for the period of the absence. Participation allowances are paid for approved holidays and excused absences for a maximum of 16 hours per month. (3) TANF Work activities. TANF Work activities are defined as core and non-core and must be scheduled, structured, and supervised. TANF Work participants are placed in core work activities when appropriate. (A) Core work activities are: (i) full- or part-time unsubsidized employment in the public or private sector that is not subsidized by TANF or any other public program; (ii) subsidized private sector employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient; (iii) subsidized public sector employment for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient; (iv) Work Experience Program placement that provides a participant with an opportunity to acquire general skills, training, knowledge, and work habits necessary to obtain employment; (v) paid on-the-job training in the public or private sector a participant receives while engaged in productive work that provides knowledge and skills essential to the full and adequate performance of the job; (vi) job search and job readiness activities. Job readiness activities prepare the participant to seek and obtain employment and includes life skills training, substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable; (vii) vocational training, not to exceed 12 months, that is organized educational programs directly related to preparing participants for employment in current or emerging occupations requiring training. Countable vocational training may include up to 12 months toward a two-year vocational training certificate, an associate's degree, a bachelor's degree, or an advanced degree program that qualifies a participant to obtain immediate employment in a specific field. (I) When the institution of higher education has a TANF-funded contract, the participant must attend through the contracted provider. (II) The participant must participate in a TANF Work activity the minimum number of hours per (2) of this Section or as mandated by the TANF-contracted provider. (III) The participant must maintain satisfactory academic progress with a minimum grade point average of 2.0 and verify progress at midterm, when possible, and at the end of the semester. Progress may be verified by a grade report, transcript, or a statement from the contracted provider or other school official; and (viii) Community Partnership is a structured work activity in which TANF participants perform work for the direct benefit of the community that improves the recipient's employability not otherwise able to obtain employment. (B) Non-core work activities are: (i) job skills training directly related to employment that is training or education for job skills required by an employer that provides a participant with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. Time spent in vocational training in excess of 12 months may be counted as job skills training when the participant also participates in a different approved core activity for a minimum of 20 hours per week; (ii) education directly related to employment when a participant has not received a high school equivalency, the education is necessary for a specific occupation, job, or job offer; and (iii) satisfactory school attendance at a secondary school or in a course of study leading to a high school equivalency certificate when a participant has not completed secondary school or received such a certificate. (4) Limitations and special rules. (A) A single custodial parent younger than 20 years of age, who has not completed high school is in a work activity when the participant maintains satisfactory attendance at a secondary school or equivalent during the month. (B) A single custodial parent or the non-incapacitated adult in a family where deprivation is based on incapacity who has a child under the age of 4 months is not required to participate in a work activity. The participant may use this rule for a lifetime limit of 12 months.

(a) Applicability. The sanction process provides for the determination of good cause and the use of penalties for individuals who refuse or fail to participate in assigned work activities. (b) Failure or refusal to participate. It is the responsibility of the worker to make the determination that an individual has refused or failed to participate without good cause in an assigned work activity. (1) Refusal to participate occurs when an applicant or recipient states orally or in writing that he or she will not participate or continue to participate in work activities. Refusal also occurs when an individual's action or inaction indicates the individual, without good cause for refusing, will not participate in the program. (2) Failure to participate in the program includes failure to: (A) assist in the assessment and development of employability plans that includes screening for substance abuse and literacy; (B) attend orientation, scheduled meetings, or assessments; (C) maintain a minimum of required hours in scheduled activities; (D) accept or maintain appropriate employment; (E) report absences from the work activity to the worker, facility coordinator, or employer; (F) comply with a substance abuse treatment plan; or (G) follow the rules of the facility or employer. (c) Failure to participate without good cause. The worker must contact the individual to determine good cause. If it is determined at this contact that good cause does exist, the worker assists the individual with either updating the employability plan or helping the individual resume the activity as soon as possible. If it is determined there is not good cause for failure to participate or no contact was completed, the worker closes or denies the cash assistance. (d) Determination of good cause. All good cause situations are temporary in nature. An individual may have good cause for refusing or failing to participate in Temporary Assistance for Needy Families (TANF) Work. The worker determines whether or not good cause exists. (e) Procedure following denial of cash assistance. When an application for cash assistance is denied for failure to participate in the work activity without good cause, a new application must be completed. (f) Procedures following termination of cash assistance. (1) When there has been no contact with the individual 30 calendar days after the effective date of closure, the worker makes a home visit to determine the family's circumstances and offers appropriate services, unless the worker's personal safety is in question. (2) Individuals who agree to participate within 60 calendar days of the date of the benefit termination may have their benefit reopened on reconsideration of the administrative action after the individual participates in an agreed upon appropriate activity for a specified length of time. If an appropriate activity is not available due to the client's previous behavior, the case remains closed. The effective date of the reopen action is dependent upon the successful participation of the individual in an assigned work activity and the circumstances of the case. (g) TANF hearing. An individual who responds to a written notice of denial or termination of cash assistance as a result of failure or refusal to participate in work activities, and the matter cannot be resolved locally, is assisted in requesting a hearing before a hearing officer in accordance with OAC 340:2-5. (h) Grievances and appeals by employees of Work Experience Program (WEP), Subsidized Employment Program (SEP), and On-the-Job Training (OJT) facilities. Grievances may be filed by employees of facilities where TANF work participants are assigned to WEP, SEP, or OJT, when they believe they have been harmed by the violation of one of the assurances in paragraph (1) of this subsection. (1) WEP, SEP, or OJT assignments must not result in the filling of any established vacancy which: (A) results in the displacement of any currently employed worker or position, including partial displacement, such as a reduction in hours or non-overtime work, wages, or employment benefits; (B) impairs existing contracts for services; (C) results in the employment or assignment of a participant, or the filling of a position, when any other person is on lay-off from the same organizational unit, or when an employer has terminated any employee or otherwise reduced its work force with the effect of filling the vacancy created by hiring a participant whose wages are subsidized under this program; or (D) infringes in any way upon promotional opportunities of any currently employed individual. (2) If an employee or authorized representative wishes to file a grievance for any of the reasons stated in paragraph (1) of this subsection, the request is submitted in writing to the attention of the county director of the county in which the alleged violation occurred. The request: (A) contains the date of the request, the date of the alleged violation, and a description of the alleged violation including the effect on the employee; (B) is signed by the employee or authorized representative; and (C) includes the mailing address and telephone number of the person signing the request. (3) The worker contacts the individual making the request within ten calendar days from the date of receipt of the request in the local office, and attempts to resolve the grievance on an informal basis. (A) When the grievance cannot be resolved on an informal basis within the ten calendar days, the case is referred to the county director for review and assistance in resolving the grievance. (B) If the grievance is not resolved within ten calendar days from the date of referral to the county director, the worker notifies the employee in writing of the: (i) point(s) still at issue in the grievance; and (ii) right to request a fair hearing within 30 calendar days of the date of this decision. (C) The 20-day period allowed for resolution of the grievance is part of the 90-day period allowed for disposition of the appeal if the employee appeals.

(a) Scope and applicability. The employability planning process begins at intake and continues as long as there are employment barriers or family circumstances that interfere with the participant obtaining and retaining employment. The worker and the participant initiate Form 08TW002E, TANF Work/Personal Responsibility Agreement. While completing Form 08TW002E, the participant provides information regarding his or her work history, education and training, employment interests, child care plan, and transportation and support services needs to help the worker develop an employability plan that addresses the participant's strengths and employment barriers. (1) Literacy screening is mandatory and must be included as a required Temporary Assistance for Needy Families (TANF) Work activity for participants who have not obtained a high school diploma or high school equivalency certificate and demonstrate a lack of literacy skills. (2) Per Section 250.52 of Title 56 of the Oklahoma Statutes (56 O.S. § 250.62) and Oklahoma Administrative Code (OAC) 340:10-4-1, TANF recipients undergo substance abuse screening. When a recipient tests positive for an illegal controlled substance, the employment plan includes substance abuse treatment or mental health counseling. The worker includes treatment or counseling until a substance abuse, mental health, or medical professional indicates these supports are no longer necessary. (3) The participant's identified employment barriers must be addressed on Form 08TW002E. Barriers may include, but are not limited to: (A) English as a second language; (B) learning disabilities; (C) physical or mental health ; (D) domestic violence ; (E) lack of transportation; (F) literacy; or (G) substance abuse. (b) Interest and ability assessments. Assessments determine the participant's skills, abilities, and barriers per Section 261.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 261.11). The worker includes completion of required interest and ability assessments as a required work activity on the participant's initial employability plan unless the client has a good cause reason not to participate in TANF Work activities. (1) The use of assessments provides the worker, participant, assessment specialist, and/or community partners with: (A) an indication of learning disabilities and vision problems; (B) a measurement of the participant's skills, abilities, interests, and aptitude; (C) the participant's current academic achievement level; and (D) meaningful information to create a valid employability plan. (2) Participants referred for testing are informed how test results are used. Test scores are confidential but may be shared with community partners. To refer the participant for testing, the worker completes and sends Form 08TW003E, Interagency Referral and Information, to the community partner. Participants referred for formal assessments are eligible for participant allowances and child care. (c) Employability planning. The worker and the participant use the information from the assessment and other relevant information to develop a plan for securing employment per 45 C.F.R. § 261.12 and 56 O.S. § 230.52. (1) The employability plan: (A) is a part of the social services plan for the entire family and includes establishing short and long term goals, including specific occupational goals, activities, and services necessary to achieve the goals; (B) must be realistic and within the participant's ability to achieve; (C) may include staffing with other community partners for assignment to specific work activities, collaboration with other agencies for services, such as job placement, training, and education, and the provision of social services; (D) must identify specific needs and activities required to reach the occupational goal and estimated achievement dates; and (E) may include more than one activity at a time based on the participant's specific needs and available hours. (2) The worker informs the participant that the employability plan is updated as necessary to account for situational changes. (3) The worker reviews the employability plan with the participant: (A) at least every six months; (B) as changes are made to the employability plan; and (C) at the completion of any work activity. (4) Employment plans for employed participants with income insufficient to close the TANF benefit must have a plan designed to upgrade employment. These plans must not interfere with current employment. (d) Work activities. Participants are assigned to one or more activities and scheduled the required minimum number of hours. The participant signs Form 08TW002E, when a work activity is agreed upon and assigned. (1) Assignments must be within the scope of the participant's employability plan. (2) The assignment must be related to the participant's capability to perform the task on a regular basis. (3) The daily commuting time to and from home to the assigned education, employment, or training site is normally less than two hours. Commuting time does not include the time required to transport a child to and from a child care facility. When longer travel time is normal in the community, the round trip commuting time may not exceed the general community standards. (4) When the participant needs child care in order to participate in work activities: (A) the participant chooses the child care provider; (B) child care must be available during the hours the participant is engaged in any work activity, plus any additional commuting time; and (C) the participant completes a Child Care Subsidy application and must meet child care eligibility rules per Oklahoma Administrative Code (OAC) 340:40 when subsidized child care is needed. (5) Assignments that are discriminatory in terms of age, sex, race, color, national origin, disability, and in some cases religion or political beliefs are not permitted. (6) The assignment site must not be in violation of established and applicable health and safety standards. (7) The worker does not refer a participant to a work activity unless supportive services necessary for participation are available. The cessation or withdrawal of such services constitutes good cause for refusal to participate. (8) When the agreed upon employability plan requires hours in excess of the minimum requirement, the participant must participate the agreed upon number of hours.

(a) Applicability. Temporary Assistance for Needy Families (TANF) Work activities are designed to help participants obtain employment to achieve economic self-sufficiency, per Sections 261.2, 261.10, and 261.30 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 261.2, 261.10, and 261.30). Work allows participants to enhance their self-esteem and to become more independent. Every effort is made to assist participants in securing jobs that provide financial security and opportunities for advancement. The appropriate employment criteria for subsidized and unsubsidized employment are included in (1) through (5) of this subsection. (1) Appropriate employment may be temporary, permanent, full-time, part-time, or seasonal work, as long as the daily and weekly hours of employment do not exceed those customary to the occupation. (2) The wage must meet or exceed the federal or state minimum wage laws or the prevailing rate for similar employment, whichever is applicable. The state law applies when federal law does not cover the job. (3) A participant is not required to accept employment when the position offered is vacant due to a strike, lockout, or other bona fide labor dispute. (4) A participant is not required to work for an employer when it is contrary to the conditions of membership in the union governing that occupation. Employment not governed by the rules of the union to which the participant belongs may be appropriate. (5) A participant is not required to accept employment that results in the net loss of income. (b) Unsubsidized employment. The State Work Incentive Program and any employment for which the employer does not receive reimbursement for any portion of the wages paid are examples of unsubsidized employment. (1) State Work Incentive Program. The State Work Incentive Program is designed to assist in employing TANF participants into entry level positions in all branches of state government. Oklahoma Human Services (OKDHS), in cooperation with other state agencies and the Office of Management and Enterprise Services Human Capital Management, coordinates job placements for TANF participants referred to the program on Form 08TW023E, State Work Incentive Referral. (A) Employment of eligible participants may be considered for positions of unclassified status for a two-year period in a full-time or part-time capacity. These positions are not included within any limitation on full-time equivalent employee positions for any agency. (B) Participants hired under this program are eligible for leave and other benefits available to other state employees, subject to other eligibility requirements, and may be reassigned or promoted while in the program. (C) Participants hired are exempt from probationary hiring procedures. They may be considered for conversion to permanent, classified status after two years of continuous program participation. (D) Requirements for placing employees in permanent status include: (i) completing satisfactory performance ratings conducted during employment; and (ii) possessing the minimum requirements stated in the job specifications. (2) Other unsubsidized employment. Unsubsidized employment includes any employment in which a participant is hired by a private or public employer and there is no reimbursement of any portion of the wages paid to the recipient. (c) Subsidized employment. The Subsidized Employment Program (SEP) and on-the-job training (OJT) are examples of subsidized employment. The employment criteria in (a) of this Section apply. (1) SEP. SEP is a subsidized employment program through which OKDHS reimburses employers hiring TANF participants and certain non-TANF participants into full-time employment for a portion of their wages for up to four months. Public agencies, nonprofit, private agencies, and private employers are eligible to participate. When a state agency expresses an interest in participating in the program, OKDHS staff informs agency personnel that the subsidized employment reimbursement must not be used by the state agency to claim matching federal funds. When, for any reason in any given month, a SEP participant is paid less than the amount of the cash assistance at the time of entry into the program, the SEP participant receives a supplemental TANF benefit. SEP participants are entitled to all benefits the employer makes available to other employees. Participants are assigned based on their employability plan and the availability of appropriate and willing employers. (A) Participant requirements. TANF participants are: (i) included in the cash assistance unit; and (ii) available for immediate employment. (B) Non-TANF participant requirements. When funding is available, SEP placements may be made available to non-TANF participants who: (i) are unemployed; (ii) reside in a county authorized by Adult and Family Services (AFS) TANF Unit staff for expanded SEP eligibility; and (iii) have a biological child receiving TANF, Supplemental Nutrition Assistance Program (SNAP), Child Care Subsidy, or SoonerCare (Medicaid) benefits. (C) Position requirements. Position requirements must include: (i) full-time employment for a minimum of 35 hours per week; (ii) the same wages, benefits, and working conditions as provided to other employees performing a substantially equivalent job; (iii) an employer agreement to conform to the Equal Employment Opportunity Commission and fair employment practices, such as nondiscrimination regarding age, race, sex, color, national origin, disability, and in some cases religious or political beliefs; and (iv) employer assurance the position does not: (I) displace the employer's current employees, including any involved in a strike, lockout, or other labor dispute involving a work stoppage; (II) involve commission sales when at least $10 per hour is not guaranteed; or (III) is not for casual, intermittent, or seasonal labor. (D) Employer recruitment. Designated field staff or the career development specialist (CDS) recruits employers interested in SEP. The employer is asked to notify designated field staff or the CDS of potential positions with job specifications and qualifications to match the employer with an appropriate TANF participant referral. Designated field staff or the CDS give Form 08TW011E, Subsidized Employment Program (SEP) Referral, to the TANF participant to take to the employer specified on the form. (i) When explaining SEP to employers, designated field staff or the CDS emphasizes that employers are expected to retain the SEP participant in full-time employment unless there is good cause for the dismissal. Employers who fail to continue the successful SEP participant's employment without good cause are not granted subsequent contracts. Good cause reasons for dismissal occur, when: (I) there is a lay-off due to economic reasons that results in a reduction-in-force; (II) the employee is frequently absent from work or engages in disruptive or inappropriate behavior; or (III) the employee is unable to perform at an acceptable skill level. (ii) Before designated field staff or the CDS writes new or additional contracts with an employer, SEP employees or other employees in lay-off status must be recalled. (iii) Designated field staff or the CDS has the responsibility for ensuring the employer is complying with the contract. (E) SEP placements. Designated field staff or the CDS arranges interviews between participants and potential employers. SEP participants may begin employment any time during the month. The employer is informed that reimbursement begins after the participant completes the first 30-calendar days of employment. (i) Following the employer's agreement to participate and selection of a TANF participant, designated field staff or the CDS negotiates the contract, Form 08TW017E, Subsidized Employment Program (SEP) Contract, with the employer. Negotiation includes the employee's beginning employment date, salary, and the planned number of employment hours per week. (ii) Upon receipt of the contract, designated field staff or the CDS reviews it for completeness and, when approved, signs and dates the contract. Designated field staff or the CDS delivers the employer's copy of the contract and Form 08TW018E, Subsidized Employment Program (SEP) Invoice, to the employer. The employer uses Form 08TW018E to request reimbursement from OKDHS. (iii) Designated field staff or the CDS contacts the participant to complete and sign Form 08TW006E, Subsidized Employment Program (SEP) Temporary Assistance for Needy Families (TANF) Participant Agreement. (iv) When a contract is not approved, designated field staff or the CDS mails a letter to the employer explaining the disapproval reason. Designated field staff or the CDS notifies the participant by phone, email, or letter that the contract was not approved. (F) Program procedures. The procedures for programs listed in (i) through (iv) of this subparagraph are used for TANF participants. (i) TANF cash assistance. Under SEP, eligibility for TANF cash assistance is frozen and is not changed or determined ineligible during the participation period. The earned income disregard period runs concurrently with SEP, per Oklahoma Administrative Code (OAC) 340:10-3-31.1. (ii) Medical benefits. SEP participants whose TANF cash assistance is frozen, continue to be eligible for SoonerCare (Medicaid) benefits unless found ineligible for a reason other than earned income. (iii) Food benefits. SEP participants whose TANF cash assistance is frozen and who are receiving Simplified Supplemental Nutrition Assistance Program (SSNAP) benefits, per OAC 340:50-11-20 continue to receive SSNAP benefits without consideration of the SEP income during the participation period as long as the household composition remains the same. When the SEP participation period ends and the TANF benefit closes, the household may be eligible for transitional food benefits, per OAC 340:50-11-27. (iv) Child care. During the SEP participation period while the TANF cash assistance is frozen, the child remains predetermined eligible for child care subsidy benefits with a zero family share copayment, per OAC 340:40-7-1. When the SEP participation period ends and the TANF benefit closes, the worker determines if the participant's child care renewal is due, per OAC 340:40-9-1. When the child care renewal is due, the worker considers the participant's earnings and computes the family share copayment, per OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. When the child care renewal is not due, the participant's family share copayment does not increase until the renewal is due, per OAC 340:40-5-1(9). (G) Employer payment. Employers are eligible for: (i) 100 percent reimbursement of the employee's gross wages, capped at a maximum of 40 hours per week, at $12 per hour, for the first 30-calendar days of employment: (I) employers are eligible to apply for reimbursement 30-calendar days following the date of hire; (II) employers file for reimbursement by submitting Form 08TW018E, with proof of the participant's earnings for the last six months attached, directly to AFS TANF Unit staff; (III) when a business changes ownership, the SEP contract transfers with the business. When change of ownership occurs mid-month, the original owner maintains the right to file a claim for reimbursement for the transfer month. The new owner may claim for subsidized wages for the remaining months of the original SEP agreement; and (ii) 50 percent reimbursement of the employee's gross wages, for the following three months, provided the employee remains employed a minimum of 35 hours per week and earning at least $10 per hour. The reimbursement is capped at a maximum of 40 hours per week, at $12 per hour; and (iii) a bonus equal to 100 percent of the unsubsidized portion of wages up to 40 hours per week for the four month subsidized period, provided the SEP employee: (I) remains employed a minimum of 35 hours per week; (II) earns a minimum of $10 per hour; and (III) is retained for a minimum period of six months after the subsidized agreement ends. (H) Supplemental payments to SEP participants. For TANF participants, AFS automatically issues supplemental payments for months in which income shown on Form 08TW018E is less than the amount of the SEP participant's cash assistance prior to entering the program. (I) SEP contract period completions. At the end of the fourth month of subsidized employment, the worker reviews the participant's continued TANF eligibility. (J) SEP contract terminations. If the SEP placement ends during the four months of subsidized employment, the worker reviews the participant's continued TANF eligibility. (2) OJT. OJT is subsidized employment in which a private or public employer hires the participant and the participant, while engaged in productive work, receives training that provides knowledge or skills essential to the full performance of the job. During the OJT period, the employer receives reimbursement for a portion of the wages paid to the participating employee. (A) Participants who successfully complete the Work Experience Program (WEP), have a recent history of employment, or complete a job readiness activity are the primary candidates for OJT referral. (B) Income from OJT is considered as any other earned income. (C) At the time of OJT entry, the worker explains to the participant the availability of transitional child care, per OAC 340:40-7-1, and continued medical benefits, per OAC 340:10-3-75. (d) Work Opportunity Tax Credit (WOTC). The WOTC law permits for-profit employers to take a federal income tax credit when workers from certain target groups are hired. Workers in these target groups have faced significant barriers to employment. The WOTC is equal to between 25 percent and 40 percent of the first year wages, up to $9,600, depending on the number of hours the employee works, and the applicable target group for the person. The main objective of this program is to enable targeted employees to gradually move from economic dependency into self-sufficiency while earning a steady income and becoming contributing taxpayers, while the participating employers are compensated by reducing their federal income tax liability. (1) WOTC is available to employers for workers hired from targeted groups. The targeted groups are: (A) TANF recipients who received assistance for at least nine of the 18 months prior to the hiring date; (B) qualified veterans. Qualified veterans are veterans who: (i) received food benefits for at least three months during the first year of employment; (ii) are unemployed for a period totaling at least four weeks but less than six months in the one-year period ending on the veteran's hiring date. The weeks unemployed do not have to be consecutive; (iii) are unemployed for a period totaling at least six months in the one-year period ending on the veteran's hiring date. The months unemployed do not have to be consecutive; (iv) are entitled to compensation for a service-connected disability and are unemployed for a period totaling at least six months in the one-year period ending on the hiring date. The months unemployed do not have to be consecutive; or (v) are disabled veterans entitled to compensation for a service-connected disability hired not more than one year after being discharged or released from active duty in the United States (U.S.) Armed Forces; (C) qualified ex-felons. Qualified ex-felons are persons hired within one year of being convicted of a felony or being released from prison for a felony; (D) designated community residents. Designated community residents are persons who are at least 18 years of age, but not 40 years of age, on the hiring date, reside in a federally designated Empowerment Zone, Enterprise Community, or a Renewal Community, and continue to reside at the location after employment; (E) vocational rehabilitation referral recipients. Vocational rehabilitation referral recipients are persons who have a physical or mental disability and were referred to the employer while receiving or upon completion of vocational rehabilitation from: (i) a state plan approved under the Rehabilitation Act of 1973; (ii) an Employment Network Plan under the Ticket to Work Program; or (iii) a program carried out under the U.S. Department of Veteran Affairs; (F) qualified summer youth employees. Qualified summer youth employees are persons who: (i) are at least 16 years of age, but not 18 years of age, on the hiring date or on May 1st, whichever is later; (ii) reside in an Empowerment Zone, Enterprise Community, or Renewal Community; and (iii) are only employed between May 1 and September 15; (G) qualified food benefit recipients. Qualified food benefit recipients are persons, who, prior to their hiring date, are: (i) at least 18 years of age and under 40 years of age; and (ii) members of a household that received food benefits for: (I) the last six-consecutive months; or (II) at least three of the last five months; (H) qualified recipients of Supplemental Security Income (SSI). Qualified recipients of SSI are persons who received SSI within 60-calendar days of their hire date; (I) long-term TANF recipients. Long-term TANF recipients are members of families who: (i) received TANF assistance for at least the previous 18-consecutive months ending on the hiring date; (ii) received TANF assistance for any 18 months, whether consecutive or not, beginning after August 5, 1997, when hired within two years after the date the 18-month total is reached; or (iii) stopped being eligible for TANF assistance during the past two years because federal or state law limited the maximum time they could receive assistance; and (J) qualified long-term unemployment recipients. Qualified long-term unemployment recipients are persons who have been unemployed for not less than 27-consecutive weeks at the hiring time and received unemployment compensation during some or all of the unemployment period. (2) Through an agreement with the Oklahoma Employment Security Commission, OKDHS issues U.S. Department of Labor Form ETA-9062, Conditional Certification Work Opportunity Tax Credit, to TANF and food benefit recipients. (3) The worker gives the participant Form ETA-9062 and a letter from the worker stating the number of months the participant received TANF , food benefits, or both to present to the employer, on or before, the first day of employment. The worker informs the participant about the purpose of the form and how the tax credit may help the participant get a job. (e) WEP. The purpose of WEP is to provide job skills and work enhancement to TANF participants enabling them to move toward self-sufficiency and obtain unsubsidized employment following completion of the placement. (1) Benefits. Program benefits for participants include an opportunity to establish a work history and earn a recommendation from an employer. Participants also learn to balance the demands of home and work, gain confidence by performing in a job setting, enhance current job skills, learn marketable skills on-the-job, and determine interest and aptitude for a particular type of work by doing the job. (2) WEP assignments. WEP assignments are approved for an initial period of 90- calendar days. (A) No salary is paid. (B) With respect to injuries incurred during WEP working hours, federal law requires medical coverage be offered under state workers' compensation law or by OKDHS. Oklahoma workers' compensation law does not cover WEP participants. Medical coverage is provided by the SoonerCare (Medicaid) Program. (3) WEP referrals. Participants are referred to WEP slots based on the employability plan. The worker coordinates assignment to a WEP position with the participant. Based on the employability plan, the worker: (A) determines which facility best meets the participant's needs; (B) arranges an interview between the facility and the participant; and (C) notifies the participant of the place, time, and interviewer's name. (4) WEP facilities. Facilities selected for WEP placements must be capable of providing employment and have an apparent intent to hire, or be able to provide quality job skills enhancement. WEP facilities are solicited by designated field staff, the CDS, or a contracted entity who agreed to assist with job development and placement, including WEP. Local job market conditions, opportunities for employment following completion of WEP participation, and the facility's ability to provide the necessary supervision and skills enhancement are criteria used when soliciting a facility. (A) WEP slots are developed to meet participant employment needs as determined by the employability plan. When a facility agrees to participate in WEP, the facility representative is requested to provide: (i) a written description of the type of activities in which the participant will be involved; (ii) the number of participants the facility can accept; (iii) the hours of participation; and (iv) any special requirements, such as uniforms or special equipment. (B) There are two types of WEP facilities, WEP Non-profit (WEP-NP) and WEP-For-Profit (WEP-FP). (i) WEP-NP placement is approved for public and private non-profit organizations or businesses. When a participant requires additional skills enhancement, the worker may approve a 60-calendar day extension. Extensions are not granted when the primary purpose is to provide additional help to the facility. The criteria listed in (I) through (VII) of this unit are used as a guide in determining the appropriateness of requesting an extension beyond the initial three-month period. (I) The participant needs additional time to acquire skills to meet minimum hiring requirements. (II) The participant demonstrates a willingness to learn, but needs additional time to develop new skills, to compete in the labor market. (III) The facility agrees to hire the participant, but does not have funds available or a job opening until a specific date. (IV) The facility has an opening in a different area from where the participant was working and agrees to hire the participant when additional time is granted for additional development of job skills. (V) The participant showed improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting. (VI) The participant missed more than two weeks due to illness or the illness of a household member. (VII) There are extenuating circumstances that prevented the participant from receiving full benefit of the job skills enhancement. (ii) WEP-FP is approved for businesses or entities that operate for profit. Only one WEP-FP placement is allowed per 25 full-time employees in a for-profit business or entity. The criteria in (I) through (II) of this unit must be in effect prior to a WEP-FP placement. (I) The placement matches the participant's employability plan and the participant's chosen career path. (II) The employer committed to hire the participant, on or before, the completion of the three-month placement. (5) WEP procedures. Upon approval by the field manager, designated field staff, or the CDS, the worker contacts the WEP facility to complete Form 08TW015E, Work Experience Program - Non-profit Training Agreement, or Form 08TW115E, Work Experience Program - For-Profit Training Agreement. (A) The worker instructs the facility representative or supervisor on the purpose and use of Form 08TW013E, Time and Progress Report. (B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form. (C) Approved WEP slots not used within a six-month period are reviewed for appropriateness. When the position is no longer feasible, designated field staff or the CDS sends a letter to the facility stating the WEP slot is no longer active and may be re-evaluated at the facility's request. (6) Non-cooperation by WEP facility. When the worker obtains information the facility is violating the terms and conditions of Forms 08TW015E or 08TW115E, or participants are treated unfairly, the field manager is informed immediately. The nature of the allegations guides the necessary action that may include: (A) suspension of subsequent assignments at the facility; (B) immediate removal of current participants; or (C) termination of the agreement. (7) Notification to participant and facility. 10-calendar days prior to the anticipated WEP completion date, or at any time the participant becomes ineligible for WEP, the worker notifies the participant by letter, email, or phone call. The worker notifies the facility by letter or phone call five-calendar days prior to the termination. (8) Changes in placements and subsequent placements. When the facility, worker, and participant determine placement in a different facility is more beneficial, the worker locates a new facility and arranges an interview for the participant. When the participant fails to secure employment following successful completion of WEP, a conference is held with the participant, worker, and supervisor to determine if a second WEP placement might be beneficial. The worker reviews the employability plan prior to allowing a participant to re-enter WEP. Consideration is given to reassignment to job search or another appropriate work activity. In making this decision, consideration must be given to the: (A) participant's ability to secure and maintain full-time employment; (B) opportunities for employment in the new field and in the area in which the participant received job skills enhancement; (C) participant's efforts to secure employment; and (D) length of time between assignments. (f) Community Partnership (CP). CP is unpaid employment in which TANF recipients perform work for the direct benefit of the community. A CP may be approved for both public and non-profit agencies and organizations. A CP assignment is limited to projects that serve a useful community purpose and are designed to improve the employability of recipients not otherwise able to obtain employment. All CPs must be approved by AFS TANF Unit staff. Placements in CP require daily supervision. A recipient's training, experience, and skills are considered in making an appropriate CP assignment. (1) Benefits. Participant program benefits include an opportunity to establish the basic skills necessary to obtain employment, such as daily attendance, appropriate attire, and proper behavior in a work environment. Participants also learn to balance the demands of home and work and gain confidence by performing in a job setting. (2) CP facilities. CP facilities are solicited by designated field staff or the CDS. The ability of the CP to provide the necessary supervision and basic skills training are criteria used when soliciting a partnership. (A) Training slots are developed to meet the participant's employment needs as determined by the employability plan. (B) The worker emails the completed Form 08TW019E, Community Partnership (CP) Approval Request, to the worker's supervisor, and the supervisor emails AFS TANF Unit staff for training facility approval. (C) When a CP agrees to participate, the facility representative is requested to provide: (i) a written description of the type of activities in which the participants will be involved; (ii) the number of participants the CP can accept; (iii) the hours of participation; and (iv) any special requirements, such as uniforms or special equipment. (D) No salary is paid. (E) When injuries occur during working hours in CP, federal law requires medical coverage be offered under either state workers' compensation law or by OKDHS. Oklahoma workers' compensation law does not cover CP participants. Medical coverage is provided by the SoonerCare (Medicaid) Program. (3) CP assignments. CP assignments are approved for an initial period of no more than 60-calendar days. When a participant requires additional training, the worker may approve a 30-calendar day extension. Approval of extension requests made beyond the initial 60-calendar day period is determined by criteria listed in (A) through (F) of this paragraph.Criteria includes, but is not limited to whether the: (A) participant needs additional time to acquire skills to meet minimum hiring requirements; (B) participant demonstrates a willingness to learn, but needs additional time to develop basic job skills necessary to compete in the labor market; (C) CP has an opening in a different area from the one in which the participant was trained; (D) participant shows improvement in all areas, but needs additional socialization skills and improved behavior patterns in a work setting; (E) participant missed more than two weeks of training due to illness or the illness of a household member; or (F) extenuating circumstances prevented the participant from receiving the full benefit of the training. (4) CP referrals. Participants are referred to CP slots based on their employability plan and the availability of CP positions. Assignment to a CP position is coordinated between the participant, worker, and the CP. Based on the employability plan, the participant and worker determine: (A) which CP best meets the participant's needs; and (B) the location, date, and time to report to the CP. (5) Procedures. When AFS TANF Unit staff approves CP, the worker contacts the CP facility to complete Form 08TW020E, Community Partnership (CP) Agreement. (A) The worker instructs the facility representative or the training supervisor regarding the purpose and use of Form 08TW013E. (B) It is the participant's responsibility to complete Form 08TW013E and submit it to the worker by the day of the month shown on the form. (6) Non-cooperation by CP. When the worker obtains information that the CP is violating the terms and conditions of Form 08TW020E or participants are treated unfairly, the worker informs the field manager, designated field staff, or the CDS immediately. The nature of the allegations guides the necessary action that may include: (A) suspension of subsequent CP assignments; (B) immediate removal of the current participants; or (C) termination of the agreement. (7) Changes in placements and subsequent placements. Following successful completion of CP training, the worker and participant meet to determine if a second CP placement or other work activity might be beneficial. The worker reviews the employability plan prior to allowing a participant to enter the next work activity. When making this decision, consideration is given to: (A) the participant's ability to secure and maintain employment; (B) whether the participant needs additional training or placement opportunities to enhance employment skills; or (C) whether the participant needs any educational opportunities to enhance employment skills.

The primary objective of all job search activities is for applicants and recipients of Temporary Assistance for Needy Families (TANF) to obtain employment through personal contacts with employers. Adult and Family Services eligibility staff and the participant jointly determine the number of employer contacts based on availability of child care, financial resources, jobs in the community, skills and abilities, and any other factors which affect or influence the participant's ability to obtain employment. (1) The participant records employer contacts on Form 08TW010E, Employer Contact List. (2) An employer contact includes: (A) an employer interview; (B) a completed and returned employer application; or (C) the completion of any required tests or assessments (3) Job search is the participant's job seeking efforts. Persons in job search activities are eligible for participant allowances and may be eligible for child care for the time they are actively looking for a job or in a group activity. (A) Eligibility staff provides the participant Form 08TW013E, TANF Time and Progress Report, to complete and return by the time frame shown on the form. The employability plan lists the number of required weekly employer contacts. (B) When the participant has not obtained a job after a reasonable amount of time, eligibility staff and the participant review the employability plan to determine if another activity is more appropriate. (C) The maximum amount of time spent in job search activities may not exceed 240 hours at 20 hours per week or 360 hours at 30 hours per week for the preceding 12-month period for any person.

Job readiness activities help prepare participants for work by ensuring that participants are familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market. The maximum amount of time spent in job readiness activities cannot exceed 240 hours at 20 hours per week or 360 hours at 30 hours per week for the preceding 12-month period for any person. (1) Orientation. Participants are referred to orientation as the need is identified on Form 08TW002E, TANF Work/Personal Responsibility Agreement. Orientation consists of individual or group meetings designed to present information about: (A) building self-esteem; (B) activities and services available through the Temporary Assistance for Needy Families (TANF) Program; (C) Oklahoma Human Service (OKDHS) policies; and (D) the employment process, including job applications, interviewing, goal-setting, and managing home and work. (2) Counseling or Substance abuse or mental health treatment. The worker assists TANF applicants and participants by referring them for mental health or substance abuse treatment for alcohol or prescription drug abuse when these issues prevent them from obtaining or retaining a job. The worker meets with the participant and appropriate local partners to determine available resources to overcome those barriers. Treatment is a mandatory part of the participant's TANF Work plan when a provider recommends treatment and screening and assessment indicate a positive test for an illegal controlled substance, per Oklahoma Administrative Code 340:10-4-1.

Educational services are made available to enhance the participant's potential for employment. Assignment is based on the criteria listed in (1) through (6) of this Section. (1) Custodial parent participants under 20 years of age without a high school diploma are required to participate in educational activities directed toward the attainment of a high school diploma or its equivalent. Participants may be excused from high school attendance or courses designed to lead to a high school equivalency certificate when the employability plan includes an alternative, such as basic education or English as a second language (ESL). (2) Participants 20 years of age and older that have not completed high school may participate in a basic or remedial education program. (3) Assignment to remedial education services is appropriate for participants who read and write below high school level, even when they have a high school diploma or high school equivalency certificate. Basic and remedial education includes: (A) Adult Basic Education (ABE) classes; (B) high school equivalency classes; (C) literacy classes; (D) tutoring; or (E) remedial reading classes. (4) Participants lacking proficiency in understanding, speaking, reading, or writing the English language are assigned to ESL classes. (5) Participants already in attendance at an institution of higher education are considered appropriately assigned when the participant cooperates in the assessment process and development of an appropriate employability plan. (A) When the institution of higher education has a Temporary Assistance for Needy Families (TANF)-funded contract, the participant must attend through the contracted provider. (B) The participant is required to participate the minimum number of hours in an activity per Oklahoma Administrative Code (OAC) 340:10-2-1(2) or as mandated by the TANF-contracted provider. (C) The participant must maintain satisfactory academic progress with a minimum grade point average of 2.0 and verify progress at mid-term, when possible, and at the end of the semester. Progress may be verified by a grade report, transcript, or a statement from the contracted provider or other school official. (D) When satisfactory progress is not met, the worker submits Form 08TW008E, Higher Education Probationary Approval Request, to Adult and Family Services TANF program field representative staff to request a probationary approval period. When the probationary approval period is not approved, the participant is placed in another TANF Work activity.

(a) Scope. Job skills training activities include vocational training and hands-on work experience to develop technical skills, knowledge, and abilities in specific occupational areas. All training programs must include qualitative measures, such as competency gains or proficiency levels, to evaluate a participant's progress and reasonable time limits for completion. Referrals are made to appropriate training facilities on Form 08TW003E, Interagency Referral and Information. (b) Assignments. Any training to which the participant is assigned must meet the criteria in (1) through (4) of this subsection. (1) The hours of any training activity are governed by the training facility but must not exceed 40 hours per week. (2) The training is preparation for a job that meets the criteria for appropriate employment. (3) The quality and type of training must meet local employers' requirements so participants are in a competitive position with the local labor market. (4) Training is related to in-demand occupations that are likely to become available in Oklahoma, such as health care, geriatric care, and other career paths found at https://oklahomaworks.gov/. (c) Job Corps non-resident training program (Job Corps II). Oklahoma's four Job Corps centers provide a nonresident Job Corps program to Temporary Assistance for Needy Families (TANF) participants who can commute to their sites. Participants referred must be between 16 and 24 years of age. The Adult and Family Services (AFS) worker completes Form 08MP013E, Referral for Services to refer the TANF participant to Job Corp. It is the AFS worker's responsibility to coordinate with the Job Corps center to arrange for child care. (1) By special agreement with the Job Corps centers, Job Corps II students are provided Job Corps participant training allowances designed to meet training costs not covered by the TANF cash assistance. These allowances are not considered as income. (2) The worker coordinates with the centers and other designated agencies, such as the Oklahoma Employment Security Commission (OESC) and Workforce Innovation and Opportunity Act (WIOA) partners, to ensure Job Corps II students leaving the center are placed in an appropriate work activity. When a Job Corps II student leaves the center, the worker meets with the Job Corps II student to make immediate plans for further implementation of the employability plan. (d) Vocational training. Up to 12 months of participation in a vocational certificate, associate's degree, bachelor's degree, or advanced degree program may count as vocational training when it qualifies a participant to obtain immediate employment in a specific field. (1) When the institution of higher education has a TANF-funded contract, the participant must attend through the contracted provider. (2) The participant is required to participate the minimum number of hours in a TANF activity, per Oklahoma Administrative Code 340:10-2-1(2) or as mandated by the TANF-contracted provider. (3) The participant must maintain satisfactory academic progress with a minimum grade point average of 2.0 and verify progress at mid-term, when possible, and at the end of the semester. Progress may be verified by a grade report, transcript, or a statement from the contracted provider or other school official. (4) When satisfactory progress is not met, the AFS worker submits Form 08TW008E, Higher Education Probationary Approval Request, to AFS TANF staff to request a probationary approval period. When the probationary approval period is not approved, the participant is placed in another TANF Work activity. (5) Participants participating in a vocational certificate, associate's degree, bachelor's degree, or advanced degree program as part of the employability plan may count homework or study time up to one hour for each class hour, when the participant provides, at the beginning of each new class or semester; a class syllabus or a statement from the instructor, professor, or advisor that states the additional time is: (A) a class requirement; (B) above and beyond work normally completed during class hours; and (C) not used to make up missed class hours. (e) Special programs and demonstration efforts with other agencies. The Oklahoma Department of Human Services (DHS) may enter into special education, training, or employment efforts with federal, state, and local governmentsand with private for-profitand private not-for-profit organizations and agencies. When this occurs, involved county office staff is expected to comply with the terms of those agreements. (f) Job skills training. Training directly related to job skills required by an employer or that provides a participant with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. (1) Time spent in vocational training in excess of 12 months that is an approved part of the participant's employability plan may be counted toward the required work activity hours, when the participant also participates in a different approved core activity for a minimum of 20 hours per week. (2) Homework or study time may count up to one hour for each class hour, when the participant provides, at the beginning of each new class or semester; a class syllabus or a statement from the instructor, professor, or advisor that states the additional time is: (A) a class requirement; (B) above and beyond the work normally completed during class hours; and (C) not used to make up missed class hours

(a) Scope. Adult and Family Services (AFS) eligibility staff provides or arranges payments and services for the participant to ensure successful completion of the participant's employability plan to become self-supporting. (1) Payments are authorized for items or services directly related to employment as an outcome. (2) When support services are available and part of the employability plan, the participant's failure to cooperate in obtaining the support services constitutes a failure to participate in the TANF Work program. (3) Items and services covered by the participant's medical card are not paid for by the support service fund. (4) The only support services available to an applicant are the participant allowance and work activity payment. (5) Payments are not authorized for reimbursement of expenses already paid by client or others. (b) Flexible funds. The intent of flexible funds is to provide a participant with the necessary support services to accomplish his or her employment goals. Refer to Oklahoma Human Services (OKDHS) Appendix H-4, Flexible Accounts, for the list of flexible fund services. (1) Flexible funds are not available to the applicant. (2) To be eligible for flexible funds, the participant must: (A) otherwise be ready to participate in a required work activity for the minimum number of hours; (B) have a guaranteed offer of employment; or (C) be employed. (3) Payments for the services through flexible funds are not an automatic entitlement to the participant. (4) Designated staff or the career development specialist has final authority to determine authorizations. (5) Staff does not approve onetime payments for specific services already paid by the participant or others. (6) Ongoing maintenance payments are not allowed. (7) The client's relatives are not eligible for payment. Refer to Oklahoma Administrative Code (OAC) 340:10-9-1 for degree of relationship. (c) Other support services. (1) Work activity payments. Work activity payments are to purchase specific items, such as a tank of gas, clothing, or personal items, when needed to participate in assigned work activities. Refer to OKDHS Appendix H-4-C, Support Service Payments, for the maximum amount that may be approved. (2) Participant allowances. Daily cash allowances are for participants in assigned scheduled, structured, and supervised work activities based on the number of activity hours. Refer to OKDHS Appendix H-4-C for the maximum payment amounts. (A) Staff does not include lunch hours and travel time as actual attendance hours. (B) For persons in Job Search, staff does include travel time between job interviews and job applications as actual attendance hours. (C) The participant makes appropriate daily entries on Form 08TW013E, Time and Progress Report, to document actual attendance hours and submits it by the time frame shown on the form. (D) OKDHS does not pay TANF Work participant allowances for part-time or full-time employment or on-the-job training. (3) Oklahoma State Bureau of Investigations (OSBI) background checks. OSBI background checks may be requested for a participant who is placed in job skills training that requires an OSBI background check as a prerequisite for employment. The job skills training may include vocational training, hands-on work experience, or public or private sector work experience. (4) Child care. Staff makes child care arrangements for each child in the home younger than 13 years of age or younger than 19 years of age when the child is mentally or physically incapable of self-care or under court supervision, per OAC 340:40-7-3. Eligibility staff includes the child care plan on Form 08TW002E, TANF Work/Personal Responsibility Agreement. When the person begins active participation in TANF Work activities, eligibility staff and client complete a child care application based on the TANF Work plan, per OAC 340:40-3-1 and 340:40-7-8. (5) Transportation contracts. Transportation contracts are to provide transportation for TANF recipients who have no means of transportation to access required TANF Work training activities. To initiate a transportation contract, designated staff contacts AFS TANF program staff. (6) Disability Advocacy Program (DAP). DAP is available to assist a TANF Work participant or a child(ren) receiving a TANF benefit, who has an application for disability pending with the Social Security Administration (SSA) or who OKDHS determines has a potentially meritorious claim for such benefits. (A) Eligibility staff makes a referral to the OKDHS-contracted law firm to assist the recipient(s) with the: (i) application; (ii) reconsideration; (iii) Administrative Law Judge hearing; and (iv) review by the SSA Appeals Council. (B) The evaluation of merit determines if the appropriate SSA test for disability would be met if evidence was available to prove all conditions claimed by the TANF recipient. When the evaluation of merit determines there is: (i) sufficient evidence, the law firm represents the TANF recipient. (I) Statewide representation consists of assisting the recipient with the application through an unfavorable SSA Appeals Council decision. (II) In counties in which representation by a lawyer or experienced non-lawyer advocate is not available without advance payment, the contracted law firm assists with the pending application for disability through an unfavorable decision by the SSA Appeals Council; or (ii) insufficient evidence to prove conditions claimed by the TANF recipient, no further services are provided by DAP. Representation by the law firm ceases at any time the law firm determines there is insufficient evidence to support the TANF recipient's claim for disability benefits. (7) Achievement bonuses. TANF recipients participating in TANF Work are eligible for bonuses related to achievement of certain goals when funding is available. TANF recipients may receive one bonus payment per achievement. (A) Achievements are completion of a: (i) high school diploma; or (ii) high school equivalency certificate. (B) Refer to OKDHS Appendix H-4-C for bonus payment amounts.

(a) Per Section 230.52 of Title 56 of the Oklahoma Statues, adult parents, or needy caretakers who apply for Temporary Assistance for Needy Families (TANF) cash assistance are screened for illegal use of a controlled substance . This screening is necessary to ensure that children are safe in their own homes by ensuring their adult parent(s) or needy caretaker is not using or is not under the influence of illegal substances. Minor parents under 18 years of age are exempt from the provisions in this Section. (b) The minimum drug screening includes a Substance Abuse Subtle Screening Inventory (SASSI). Additional screening methods may be used based on the person's history with Oklahoma Human Services (OKDHS). When the SASSI screening results high probability, high defense, or invalid, or the client self-declares a substance abuse problem, the client completes a chemical drug screen. (1) When drug screening results indicate low probability or are negative for the illegal use of a controlled substance, the worker does not include substance abuse treatment or mental health counseling as a part of the adult parent's or needy caretaker's employability plan. (2) When the chemical drug screen shows a positive result for an illegal substance, the: (A) adult parent or needy caretaker must participate in substance abuse treatment or mental health counseling as a part of the employability plan, per Oklahoma Administrative Code 340:10-2-3; and (B) worker considers whether a referral to the Child Abuse and Neglect Hotline at 1-800-522-3511 is appropriate given the circumstances surrounding the positive result and the statutory requirements in Section 1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. §1-2-101), 10A O.S. § 1-1-105(23), and 10A § 1-1-105(49). (c) When all other eligibility factors have been met, the OKDHS worker certifies the adult parent or needy caretaker's needs. (d) At any point OKDHS has reasonable cause to believe the adult parent or needy caretaker currently receiving TANF cash assistance is engaged in the illegal use of a controlled substance , the adult parent or needy caretaker is required to be screened. OKDHS requests a chemical drug screen. Behaviors OKDHS or community resource partners observe and report that might indicate illegal use of a controlled substance include, but are not limited to: (1) slurred speech; (2) unsteady gait; (3) inability to focus; (4) lethargy; (5) excessive nervousness or agitation; (6) showing flat affect or no emotion; (7) inappropriate responses to questions; (8) inappropriate anger or hostility; (9) excessive worry; (10) facial tics or muscle spasms; (11) erratic attendance in TANF Work activities; (12) lack of follow through with agreed upon plans; or (13) government or law enforcement documents indicating the person was engaged in the illegal possession or use of a controlled substance within the last 30-calendar days. (e) The TANF benefits are closed when the adult parent or needy caretaker refuses to comply or fails to follow through with the screening or employability plan. .

(a) Assignment of support rights. When the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to Oklahoma Human Services (OKDHS) any support rights, including cash medical, that is pending or continuing for any family member included in the assistance unit as a condition of eligibility. This assignment excludes amounts ordered for past due or judgment amounts for persons who never received TANF prior to this application. For persons who previously received TANF, the assignment includes past due or judgment amounts previously assigned to OKDHS for the time period the applicant received TANF. Failure to assign support rights makes the assistance unit ineligible for TANF. (b) Cooperation in obtaining support. As a condition of TANF eligibility, each applicant or recipient, who is the natural or adoptive parent of the child(ren) included in the assistance unit, must cooperate with OKDHS in obtaining support for each child,per Section 608 of Title 42 of the United States Code (42 U.S.C. § 608). Failure of the applicant or recipient to cooperate without good cause may be indicated during the application interview or at any time further action by the recipient is necessary. (c) Non-cooperation indicators. Oklahoma Child Support Services (CSS) determines when an applicant or recipient is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order,per 42 U.S.C. § 654 and Section 264.30 of Title 45 of the Code of Federal Regulations. Per Oklahoma Administrative Code 340:25-5-114, non-cooperation is indicated when the applicant or recipient: (1) fails to participate in a scheduled CSS conference or meeting; (2) refuses to complete and sign documents necessary to take legal action against the non-custodial parent(s) when requested to do so by CSS; (3) fails to comply with an order to submit oneself or the child(ren) to genetic testing to determine paternity; (4) fails to appear as a witness at an administrative or district court hearing or other proceeding; (5) fails to provide information, or attest to lack of information, under penalty of perjury; (6) fails to forward to CSS all child support payments received from the non-custodial parent(s) or other entities other than the Centralized Support Registry after receiving the initial TANF benefit; (7) () pursues private legal action affecting paternity, child support, medical support, or child care or authorizes payments made other than through the Centralized Support Registry without giving CSS notice, and fails to keep CSS informed of the case status; and (8) engages in ongoing conduct detrimental to CSS enforcement efforts. (d) Penalty for failure to cooperate. When the applicant or recipient is the natural or adoptive parent and fails or refuses to cooperate with OKDHS without good cause, the TANF benefit is reduced by 25 percent of the payment standard shown on OKDHS Appendix C-1, Maximum Income, Resource and Payment Standards, Schedule IX, per 42 U.S.C. § 608(a)(2), for the next advance notice effective date, per OKDHS Appendix B-2, Deadlines for Case Actions. (e) Penalty removal. When CSS determines the recipient is cooperating, Adult and Family Services is notified and the 25 percent penalty is removed for the next effective date.

Federal regulations require a SSN or application for a SSN for each individual determined eligible for Temporary Assistance for Needy Families (TANF). The individual's needs are included in the TANF benefit with a 25% penalty reduction of the payment standard until a SSN is applied for or provided for that individual(s). The 25% penalty is removed effective the date the SSN is applied for or provided.

(a) School attendance requirement. Regular school attendance is a Temporary Assistance for Needy Families (TANF) eligibilitycondition for each child eligible for kindergarten through 18 years of age unless the child is home educated,per the Oklahoma constitution and Section 230.66 of Title 56 of the Oklahoma State Statutes (56 O.S. § 230.66). High school equivalency (HSE), alternative high schools, or virtual schools meet this requirement. (1) When the worker determines that a school age child receiving TANF is not attending school regularly, the TANF cash assistance must be reduced by 25 percent of the payment standard, per Section 604(i) of Title 42 of the United States Code, 56 O.S. § 230.52(c)(3), and Oklahoma Administrative Code 340:10-3-57(g). (2) The 25 percent penalty is removed the next effective date after the parent or caretaker relative provides verification the child is attending school. At application and at each renewal, the worker verifies regular school attendance for each child in the family. (b) Requirement for children who are 18 years of age. (1) An otherwise eligible child who is 18 years of age is included in the assistance unit if he or she is a full time secondary school student, attending HSE classes, an alternative high school, or a virtual school and expects to graduate before or during the month he or she turns 19 years of age. (2) A child turning 18 years of age who is not expected to graduate during, or before the month the child turns 19 years of age,is eligible only through the month he or she reaches 18 years of age.

(a) Scope. Sections 230.52, 230.56, and 230.65 of Title 56 of the Oklahoma Statutes and Section 608 of Title 42 of the United States Code address Temporary Assistance for Needy Families (TANF) recipients' responsibility to immunize their children. Immunization of minor children two months of age and older is a variable condition of eligibility that must be addressed before certification and at renewal. The parent or caretaker relative must provide proof that each child is current on age-appropriate immunizations within 90-calendar days of certification and when additional immunizations become due in the future unless he or she requests and, is approved for a good cause exemption, per (b) of this Section. Refer to the Oklahoma State Department of Health (OSDH) website at www.ok.gov/health/ for current immunization schedules and vaccination information. Proof of immunization includes providing a copy of the vaccination record issued by the local health official or a licensed physician. (1) When the minor child attends a licensed child care center or home or a parochial, private, or public school, proof of current immunization is not required as each of these entities require proof of immunization or a signed OSDH Form 216-A, Certificate of Exemption, on file with OSDH as a condition of attendance. (2) When the child does not attend a facility, per (a)(1) of this Section and the client fails to provide proof of current immunization within 90-calendar days without good cause, the worker reduces the TANF cash assistance by 25 percent of the payment standard, per Oklahoma Administrative Code 340:10-3-57(g). The worker removes the 25 percent penalty the next effective date after the client provides proof of current immunization. (b) Good cause. The client may claim a good cause exemption because of the child's medical condition, the immunizations are contrary to the child's religion, or the client's personal objection. To claim a good cause exemption, the client must return a completed Form 08TA017E, Immunization Certificate of Exemption, signed by: (1) a physician, certifying that there is a medical contraindication; (2) a religious leader, parent, or caretaker relative, certifying that immunizations are contrary to the teachings of the child's religion; or (3) the parent or caretaker relative, certifying that immunizations are contrary to the parent's or care relative's beliefs.

(a) Eligibility determination. The eligibility determination process includes the applicant filing a signed application, the worker certifying or denying benefits, and all subsequent activities required to receive continuous benefits. The applicant has the right and responsibility to participate in the eligibility determination process and is relied on as the first information source. (1) Someone acting on the applicant's behalf, such as an authorized representative or a person with power-of-attorney, may complete the application for all programs except for Temporary Assistance for Needy Families (TANF). The applicant must complete and sign a TANF application. (2) For another person to apply on the applicant's behalf, the applicant must designate the person as the authorized representative on the signed application or the person provides a completed Form 08MP008E, Authorized Representative Request, or a statement signed by the applicant giving the person permission to act on his or her behalf. The SoonerCare (Medicaid) programs allow others to apply for the applicant without a written designation. (b) Filing an application. A household must complete an application to apply for the Child Care Subsidy Program, Low Income Home Energy Assistance Program (LIHEAP), SoonerCare (Medicaid) Program, Supplemental Nutrition Assistance Program (SNAP), State Supplemental Payment (SSP), TANF, or Diversion Assistance (DA). The applicant may request one or more benefits on the same application. LIHEAP is not an ongoing benefit, so the household may only apply during open enrollment. (1) The applicant may apply for benefits online, with a worker in an Oklahoma Human Services (OKDHS) office or an embedded work location, or by downloading a paper application and bringing or mailing or faxing it to an OKDHS office or an embedded work location. (2) When someone applies on behalf of the applicant, the person may apply in any county. (3) When the applicant applies for TANF cash assistance, OKDHS assigns the applicant's TANF Work activities based on his or her needs, convenience, and career pathway. (c) Signature requirements. The applicant, guardian, or someone acting on the applicant's behalf, such as an authorized representative or a person with power of attorney, must sign the application prior to benefit approval. (1) The applicant must sign TANF and DA applications. When the TANF applicant lives with his or her spouse, they both sign the application. (2) The applicant may voluntarily withdraw the request for benefits or services before or after signing the application. (3) An applicant who is: (A) eligible for Medicare signs the application using the name on his or her Medicare Health Insurance Benefits card; or (B) not eligible for Medicare signs the application using the name shown on his or her Social Security card. (d) Interview requirements. Interview requirements vary by program. (1) The applicant must complete a phone or face-to-face interview that may be a virtual video conference interview, for the: (A) Child Care Subsidy Program; (B) SSP Program; (C) SoonerCare (Medicaid) long-term care programs, such as ADvantage Waiver, nursing home care, or personal care; (D) SoonerCare (Medicaid) programs that categorically relate to the aged, blind, and disabled population, such as Qualified Medicare Beneficiary Plus (QMBP), Specified Low-Income Medicare Beneficiary (SLMB), or Qualified Disabled and Working Individuals (QDWI); (E) SNAP; (F) Children and Youth with Special Health Care Needs (CYSHCN); or (G) TANF. (2) An interview is not required when a person applies for: (A) LIHEAP; or (B) SoonerCare (Medicaid), when the Oklahoma Health Care Authority is responsible for determining eligibility, per Oklahoma Administrative Code (OAC) 317:35-5-63. (e) Worker responsibilities. During the eligibility determination process, the worker: (1) informs the applicant of the: (A) OKDHS responsibility for reaching a decision and notifying the applicant of eligibility or ineligibility within the appropriate time limits, per OAC 340:65-3-5; (B) applicant's right to request a fair hearing and obtain representation from any person the applicant chooses, per OAC 340:2-5. The applicant may request a fair hearing when there is a: (i) delay beyond the established time limits for determining eligibility, per OAC 340:65-3-5; or (ii) disagreement with any action taken on the case; and (C) applicant's legal responsibility to report all facts pertinent to eligibility; (D) types of changes the applicant must report within 10-calendar days; (E) penalty for failing to report changes; (F) program requirements and information needed to establish eligibility for each program for which the applicant applied. The worker uses Form 08AD092E, Client Contact and Information Request, to request verification and gives the applicant at least 10-calendar days to comply, per OAC 340:65-3-2.1; (G) type of assistance OKDHS provides in establishing eligibility; (H) permission the applicant gives OKDHS to obtain information from sources other than the applicant by signing the application; and (I) applicant's responsibility to cooperate with federal and state officials when his or her case is selected for a Quality Control review; and (2) collects information necessary for determining the applicant's initial and continuing eligibility. The applicant is the primary information source. Information is verified when questionable or inconsistent with known facts. Unless questionable, the worker accepts, without further verification, the: (A) applicant's statement concerning: (i) residency; (ii) relationship; (iii) age; (iv) living in the home of a relative payee; (v) a minor parent living in the home of a relative; (vi) Social Security number (SSN); (vii) household members; and (viii) third party insurance; and (B) unearned income information obtained through: (i) Beneficiary and Earnings Data Exchange System, from the Social Security Administration (SSA); (ii) Supplemental Security Income/State Data Exchange System, from SSA; (iii) Unemployment Insurance Benefits, from the Oklahoma Employment Security Commission; and (iv) workers' compensation documents from the Workers' Compensation Commission; and (C) alien status information obtained through Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services; and (3) contacts other persons who may be able to help establish eligibility; (4) determines if the applicant or other persons seeking assistance currently receive benefits from another state, when he or she has resided in Oklahoma for less than 12 months; (5) recognizes expressed or implied needs that include: (A) determining if there is a need for crisis intervention; (B) addressing the applicant's social services needs; and (C) making appropriate referrals; and (6) denies the application when sufficient facts are available to substantiate ineligibility or the applicant fails to cooperate in determining eligibility. (f) SSN requirement. The applicant must provide a verifiable SSN or a pending SSN application for every person requesting food benefits, SSP, CYSHCN, LIHEAP, or TANF benefits. The requirement for a verifiable SSN also applies to all persons whose needs are included for SoonerCare (Medicaid) benefits, except newborn children deemed eligible, per OAC 317:35-6-60, and undocumented aliens requesting emergency medical services, per OAC 317:35-5-25. (1) The applicant's statement regarding each household member's SSN is sufficient unless the information is inconsistent or other facts or observations cause the worker to question the statement. (A) The OKDHS worker refers persons for whom an SSN is required, but not available, to the appropriate SSA office for SSN enumeration using Form 08AD101E, SSN Enumeration Referral. The return of Form 08AD101E to OKDHS validates the application(s) or indicates which persons have not provided SSA-appropriate original evidence of age, identity, and citizenship. (B) Parents of newborns who participate in Enumeration at Birth receive Form SSA-2853-OP3, Message From Social Security, from hospital personnel. This receipt form is verification the newborn was enumerated at birth. (2) When the person fails or refuses to furnish or to apply for an SSN, the worker takes action per (A) and (B) of this paragraph. (A) For TANF purposes, the person's needs are included; however, the worker imposes a 25 percent payment standard reduction penalty until an application for or an SSN is provided. (B) For SNAP, LIHEAP, and SoonerCare (Medicaid) purposes, only the person's needs for whom an SSN is not provided or applied for are not included. (g) Citizenship requirement. All persons applying for federal or state public assistance benefits, such as Child Care Subsidy, SNAP food benefits, LIHEAP, SoonerCare (Medicaid), SSP, or TANF must declare the citizenship or alien status for each household member applying for such benefits on the application or benefit renewal. When the payee requests benefits for additional household members between application and benefit renewal, the payee completes and signs Form 08MP022E, Declaration of Citizenship Status, to declare the citizenship or alien status of the additional household members. Refer to OAC 317:35-5-25 for citizenship and alien status requirements for persons applying for SoonerCare (Medicaid) benefits. (1) When the applicant declares that some or all the household members applying for benefits are aliens, the worker follows SAVE procedures, per OAC 340:65-3-4, to determine the validity of documents provided to verify legal alien status. (2) The worker follows each program's rules regarding citizenship and alien status requirements to determine benefit eligibility, per: (A) OAC 340:40-7-5 for Child Care Subsidy benefits; (B) OAC 340:50-5-67 for SNAP food benefits; (C) OAC 340:20-1-10 and 340:50-5-67 for LIHEAP; (D) OAC 317:35-5-25 for SSP; and (E) OAC 340:10-15-1 for TANF. (3) The citizenship requirements per (g)(3)(A) through (C) and (g)(4) of this Section are pursuant to Section 71 of Title 56 of the Oklahoma Statutes (56 O.S. § 71) and 74 O.S. § 20j. (A) Lawful status in the United States (U.S.) is verified when: (i) the person applying for benefits provides an SSN or SSA completed Form 08AD101E indicating SSA accepted the person's SSN application; and (ii) OKDHS, through the automated SSN enumeration data exchange transaction with SSA, is able to verify the person's SSN. (B) Prior to receiving benefits, when OKDHS is unable to verify the SSN with SSA for a person 14 years of age or older, the person must provide a: (i) signed and notarized Form 08MP005E, Citizenship Affidavit, attesting to his or her U.S. citizenship or alien status; or (ii) U.S. birth certificate, U.S. passport, a Certificate of Naturalization or other acceptable document, per OAC 317:35-5-25 to verify lawful status. (C) When the person fails or refuses to provide a signed and notarized Form 08MP005E or one of the documents per (g)(3)B)(ii) of this Section, the worker denies or closes benefits for that person. (4) The application, benefit renewal, and Form 08MP022E contain a statement informing the applicant that OKDHS reports fraudulent claims of citizenship or lawful alien status to the U.S. Attorney and, when a fraudulent claim is made, the person may be subject to criminal prosecution. (5) When the worker discovers a person who signed Form 08MP005E attesting to U.S. citizenship or legal alien status made a false claim: (A) the worker sends a memo and supporting documentation to the appropriate AFS Program. The memo must include: (i) the time frame, benefit type, and amount the person fraudulently applied for or obtained; and (ii) how the worker discovered the claim was false; and (B) AFS Program staff, in consultation with Legal Services (LS) staff, reviews the memo and supporting documentation to determine if the person made a false claim. LS staff files a complaint with the U.S. Attorney for the applicable district based upon the venue in which the affidavit was executed when appropriate. (h) Eligibility determination. The worker determines eligibility after the applicant or other authorized person signs the application, completes an interview, when required, and provides required proof.

When counting days for providing proof, interview dates, and application time limits, the worker does not count the first day in the time period. The worker counts the last day in the time period. When Oklahoma Human Services (OKDHS) is not open for business on the last day of the application time period, the household or assistance unit has until the next business day to comply with eligibility requirements. (1) Providing proof. When OKDHS requires proof to determine eligibility, the worker gives the client at least 10-calendar days to provide it. The worker assists the client in obtaining necessary proof, when requested. The worker's assistance may range from explaining how or where to obtain proof to obtaining the proof when the client is unable to do so. The worker is not required to obtain proof for a client who is able but unwilling to do so. (2) Interview. OKDHS offers all applicants for Child Care Subsidy, Soonercare (Medicaid), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) the right to interview at any time during operating hours. The client must contact OKDHS via telephone or in person unless the household qualifies for an interview waiver or the program does not require an interview. (A) When the client must interview and does not interview while submitting the application, the worker calls the household to conduct an on demand interview within two-calendar days of the application date. (i) When the client answers, the worker offers to complete the interview. (ii) When the client does not answer or refuses to interview, OKDHS sends Form 08AD091E, Interview Notice, to inform the client of the interview requirement. (B) When the client does not interview within 10-calendar days of the application date, the worker again calls the household to conduct an on demand interview. (i) When the client answers, the worker offers to complete the interview. (ii) When the client does not answer or refuses to interview, the worker: (I) denies a Child Care Subsidy, Soonercare (Medicaid), or TANF application; and (II) sends a Notice of Missed Interview and schedules a SNAP application for denial 30-calendar days after the application date. (C) The OKDHS worker does not schedule an interview unless the applicant refuses the immediate interview options and requests a scheduled interview. (D) The worker uses Form 08AD092E, Client Contact and Information Request, when a scheduled interview is necessary. (3) Application time limits. Refer to Oklahoma Administrative Code 340:65-3-5 for application processing time limits. To be timely, the worker must certify or deny an application: (A) no later than the last business day of the time limit; or (B) when OKDHS is closed on the last day of the time limit, the next open business day.

The worker collects information necessary to determine the client's benefit eligibility and address the client's social service needs. When proof is necessary to determine eligibility, the worker uses sources described in this Section. (1) Home visits. Home visits are sometimes necessary for Adult and Family Services (AFS) staff to provide services and benefits and promote safety and stability for families. Workers plan all home visits with the client in advance. (A) AFS staff makes home visits or other client contacts during normal work hours whenever possible. Home visits may occur outside of normal business hours when the client's needs dictate and a supervisor, field manager, or field manager's designee approves the home visit. (B) The AFS worker makes a home visit when: (i) he or she is unable to obtain necessary documentation from other sources; (ii) a Temporary Assistance for Needy Families (TANF) benefit closes due to failure to cooperate, per Oklahoma Administrative Code (OAC) 340:10-2-2; (iii) it is the best method to complete or review the TANF employability plan; (iv) the client needs protective services; or (v) the worker deems it necessary for another reason and the supervisor concurs. (2) Collateral contact. A collateral contact is a person outside of the household that confirms the household's circumstances. The collateral contact may occur in person or over the phone. (A) A collateral contact is not restricted to a particular person but may be anyone able to provide an accurate third party confirmation of the household's circumstances. Examples of acceptable collateral contacts are: (i) employers; (ii) agencies, businesses, or community action groups; (iii) migrant service agencies; (iv) the household's neighbors; (v) landlords; or (vi) other persons outside of the household with knowledge of the household's circumstances. (B) The client's signature on the application or renewal authorizes the worker to secure the required information or verification from collateral contacts. When the collateral contact requires additional written authorization before supplying information to Oklahoma Human Services (OKDHS) the client or the affected adult household member signs Form 08AD060E, Request for Release of Information, to give authorization. (C) The worker informs the person contacted for information how OKDHS plans to use the requested information and why OKDHS needs it. (i) When the collateral contact requests anonymity, the worker does not record the person's name in the case record or reveal the person's name to the client. (ii) When the collateral contact requests anonymity, the worker may not use information obtained from the collateral contact to reduce or close benefits unless the worker is able to verify the information by another source. (D) When the collateral contact provides information related to the client's eligibility that conflicts with information the client provides, the worker gives the client the opportunity to resolve the inconsistency. (3) Public records. The worker may obtain information from public records that affects the person's eligibility without obtaining the person's consent. (4) Data exchange. Automated data exchange provides household members' benefit status, wages, income, taxes, Social Security numbers, incarceration status, current address, and death information to OKDHS. Data matches allow eligibility staff to consult this information when making an eligibility decision during an application or renewal or to identify unreported changes. Refer to OAC 340:65-1-2 for information regarding practices for safeguarding case information and raw tax data. The worker: (A) reviews data exchange information at application and eligibility renewal. Available data exchange information screens include: (i) Beneficiary and Earnings Data Exchange System (BENDEX); (ii) Buy-In Data Exchange (BIL); (iii) New Hire Employee lists (including the State New Hire (SNH) and National New Hire (NNH) list; (iv) Social Security Administration (SSA) Death Master File Data Exchange (DOD); (v) SSA Prisoner Data Exchange (PRS); (vi) Social Security Number (SSN) Verification - SSN Enumeration; (vii) Supplemental Security Income (SSI)/State Data Exchange System (SDX); (viii) Unemployment compensation (UIB); (ix) Unearned Income Eligibility Verification System (IEVS) income report (IEVS-IRS) and resource data from the Internal Revenue Service (IRS); and (x) Wage Data Exchange; and (B) initiates appropriate queries; and (C) resolves data exchange discrepancy messages within: (i) "verified upon receipt" processing timeframes; (ii) the unclear information timeframes per OAC 340:50-9-5(i) for Supplemental Nutrition Assistance Program (SNAP) cases; and (iii) 45 - calendar days of the date on the data exchange inquiry screen. (5) Systematic Alien Verification for Entitlement (SAVE). All applicants and recipients of the TANF, SoonerCare (Medicaid), SNAP, Low Income Home Energy Assistance Program, State Supplemental Payment, and Child Care Subsidy Program benefits are required to declare their citizenship status. Persons who declare themselves or their minor child non-citizens must present documentation of their legal alien status from the United States Citizenship and Immigration Services (USCIS) or other acceptable source. The status, as determined from the documentation, must be verified through the USCIS Alien Status Verification Index (ASVI). (6) Workers' compensation. AFS staff reviews copies of all Workers' Compensation Commission documents by matching SSNs with OKDHS records. Any court action that appears to potentially impact eligibility is forwarded to the applicable OKDHS office for clearance. (7) Birth verification. For persons born in Oklahoma, OKDHS has an agreement with the Oklahoma State Department of Health to electronically verify birth for persons with an open SoonerCare (Medicaid) benefit. (8) Food stamp disqualification (FSD). When a client is disqualified for SNAP food benefits due to fraud, the FSD screen shows the date the disqualification began and the length of the disqualification period. (9) Asset Verification System (AVS). Per Section 1396w of Title 42 of the United States Code, an applicant or recipient, a spouse, if applicable, a parent or guardian, or other person whose resources or assets OKDHS must verify for Soonercare (Medicaid) for a person who relates to the aged, blind, or disabled (ABD) categories must authorize OKDHS to access their financial assets and resources through an AVS. (A) Before entering a person's information into AVS, the worker obtains a signed authorization using Form 08MP001E, Rights, Responsibilities, and Signature for Benefits, an online application, or Form 08MA014E, Asset Verification System Authorization, before entering a person's information into AVS. (B) When asking for an AVS authorization, the worker explains the authorization remains effective until: (i) OKDHS denies or closes the ABD Soonercare (Medicaid) application; or (ii) the signer notifies OKDHS in writing that the signer wishes to revoke the authorization. (C) When a person who must sign refuses, the worker denies or closes the ABD Soonercare (Medicaid).

The worker certifies or denies applications received online or in Oklahoma Human Services (OKDHS) offices within time limits specified in (1) of this Section. (1) Application processing time limits. OKDHS workers process applications within program specific time limits. Refer to Oklahoma Administrative Code (OAC) 340:65-3-2.1, when the time limit's last day occurs on a day OKDHS is not open for business. The time limit for: (A) Temporary Assistance for Needy Families (TANF), is 30-calendar days; (B) Title IV-E Foster Care, is 30-calendar days; (C) Supplemental Nutrition Assistance Program, is 30-calendar days, unless the household is eligible for expedited service. When the household is eligible for expedited service, OKDHS workers must complete the application within seven-calendar days, per OAC 340:50-11-1; (D) State Supplemental Payment (SSP), for persons: (i) categorically related to Aid to the Aged, is 30-calendar days; and (ii) categorically related to Aid to the Blind or Disabled, is 60-calendar days; and (E) SoonerCare (Medicaid) benefits for: (i) persons categorically related to Aid to the Aged, is 30-calendar days; (ii) persons categorically related to Aid to the Blind or Disabled, is 60-calendar days; (iii) Optional Tuberculosis Coverage group, is 45-calendar days; and (iv) persons requesting long-term care services, is 45-calendar days; and (F) TANF Emergency Assistance, is five-working days; (G) Low Income Home Energy Assistance Program, per OAC 340:20-1-14: (i) is 60-calendar days of the application date for winter heating and summer cooling; or (ii) is no later than 18 hours of the submission of all necessary verification for an Energy Crisis Assistance Program (ECAP) referral involving a life-threatening situation or 48 hours of the application date and the submission of all necessary verification for all other ECAP applications; and (H) Refugee Medical Assistance, is 30-calendar days; (I) Child Care subsidy benefits, is two-business days from the interview date and required proof is provided or, when not provided, within 30-calendar days; and (J) Diversion Assistance, is seven-working days. (2) Delayed applications. When it is not possible to process the application timely, the worker sends the applicant Form 08MP038E, Client Notice of Action Taken, to inform the applicant of the reason for the delay and the applicant's hearing rights. An application is not denied when it cannot be processed timely due to: (A) the applicant's failure or delay in providing needed information because of circumstances beyond the applicant's control; (B) an examining physician's failure or delay in supplying needed information; (C) the Social Security Administration's failure or delay in making a disability decision; or (D) the worker's failure to take timely action. (3) Certification for cash assistance. When TANF eligibility is established for the application month, certification is effective from the application date and benefits are prorated per (5) of this Section. When SSP eligibility is established for the application month, certification is effective from the first day of the month and the SSP is not prorated. (A) When a TANF applicant requests benefits for an additional person after the application date, but before certification, the worker approves benefits for the additional person effective on the same date as the rest of the assistance unit. (B) When a TANF recipient requests benefits for an additional person after certification, the recipient must complete a new application before adding the additional person to the TANF benefit. When eligible, the worker prorates benefits for the additional person from the application date per (5) of this Section. (C) A retroactive payment may be authorized for any month the worker establishes eligibility prior to the current month. An application denied in error must have payment authorized for the period eligibility is established. (D) A certification is valid even when a month of ineligibility is determined between application and the date the certification action is taken. An applicant who is ineligible for the month of application and eligible for a subsequent month is certified effective the first day of the subsequent month. (4) Notice of ineligibility. When an applicant is ineligible, a computer-generated denial notice is sent to the applicant explaining the reason. The applicant may request a fair hearing within the time period specified in the notice. (5) Proration of TANF benefits. When eligible, the worker certifies a TANF application from the application date and prorates the initial month's benefit, unless the applicant applied on the first day of the month or received a TANF benefit for the previous month and is eligible to be reopened, per OAC 340:65-5-6. Proration also applies for the first month the worker adds an additional person to an open TANF cash assistance benefit. The family is eligible for the full TANF benefit effective the following month, when applicable. (A) The worker refers to OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX to determine the full monthly TANF benefit before computing the prorated benefit. (B) The worker uses Appendix B, Prorated TANF and Food Benefit Payment, to compute the prorated benefit amount or the formula: 31 - application date x full monthly TANF benefit ¸ 30 = the prorated payment. The prorated payment is rounded down to the lower dollar amount. (i) When the prorated benefit is less than $10, the family is not eligible for a money payment but is eligible for SoonerCare (Medicaid) benefits for the entire month. (ii) When the worker certifies food benefits in the TANF case at the same time or after the TANF certification for the month the TANF payment is prorated, the food benefit unearned income shows the TANF benefit before proration. (iii) The computer-generated client notice shows the benefit amount for the initial month and following month.

(a) Change reporting requirement for Temporary Assistance for Needy Families (TANF), State Supplemental Payment (SSP), and SoonerCare (Medicaid). Recipients of TANF, SSP, and SoonerCare (Medicaid) for the aged, blind, and disabled must report any changes in circumstances that increases, reduces, or closes benefits within 10-calendar days. (1) The worker: (A) gives the client 10-calendar days to provide proof to verify the reported change (B) acts on changes that increase, reduce, or close benefits within 10-calendar days of the date the change is reported and required proof is received, per (d) of this Section. (2) Failure to report changes timely may result in a client error overpayment. (3) Examples of changes the client must report include: (A) household income; (B) household resources; (C) household composition; (D) the client's address or phone number; (E) legal alien status of non-citizens; (F) insurance coverage, per Oklahoma Administrative Code (OAC) 317:35-5-43; and (G) in addition, for TANF program: (i) deprivation of parental support, per OAC 340:10-10-1 through 340:10-10-4; (ii) when a TANF Work activity stops or starts, per OAC 340:10-2-1 through 340:10-2-8; and (iii) when a child in the assistance unit stops attending school, per OAC 340:10-13-1. (b) Change reporting for the Supplemental Nutrition Assistance Program (SNAP). SNAP has three household categories with different change reporting responsibilities; annual reporters, semi-annual reporters, and change reporters. Refer to OAC 340:50-9-5 for change reporting requirements. (c) Change reporting for the Child Care Subsidy Program. Child Care Subsidy recipients must report income changes within 10-calendar days when the household's gross income exceeds federal income eligibility threshold for the household size, per OAC 340:40-9-2(a) and Oklahoma Human Services (OKDHS) Appendix C-4, Child Care Eligibility/Copayment Chart. (d) Changes in cash benefits. When a change of circumstances occurs after certification that requires an increase or a reduction in the SSP or TANF cash benefit amount, the worker processes the change to be effective the first day of the month following the next advance notice or non-advance notice deadline date, per OKDHS Appendix B-2, Deadlines for Case Actions. When the change: (1) increases the cash benefit, the worker makes the change by the next non-advance deadline date. The worker also determines if a supplement is due for the current month. When one is due, the worker issues the supplement within 10-calendar days of the date the change is reported and required proof is received; or (2) reduces the cash benefit, the worker makes the change within 10-calendar days of the date the change is reported and verified to be effective by the next advance notice deadline date. The worker also evaluates whether prior benefits were properly issued. When more benefits were issued than the household was entitled to, the worker completes an overpayment, per each program's overpayment rules. (e) Notices. A computer-generated notice is sent to the client when the action taken increases, reduces, suspends, or closes benefits. A computer-generated notice is not sent when the action taken does not affect the benefit level. (1) Advance notice is required when the action taken reduces, closes, or suspends benefits for a reason other than those listed per (2) of this subsection. Refer to OKDHS Appendix B-2 for advance notice deadline dates. (2) When advance notice is not required, refer to OKDHS Appendix B-2 non-advance notice deadline dates. Advance notice is not required when the action taken does not suspend, close, or reduce benefits, or when: (A) all members included in the benefit die; (B) the TANF payee dies and there is not a relative available to serve as a new payee; (C) benefits are transferred from one assistance category to another without a resulting reduction or interruption in benefits; (D) care is approved in a skilled nursing facility or an intermediate nursing care facility that requires closure of the person's SSP benefit or the SoonerCare (Medicaid) Qualifying Individuals - group 1 benefit; (E) the household moves out-of-state; (F) an automatic increase in income occurs because of federal legislation, such as a cost-of-living increase to all Social Security, Supplemental Security Income, Railroad Retirement, or Veterans' benefits beneficiaries; (G) the client is admitted to a public institution where his or her needs are fully supplied; (H) the client provides a signed, written statement: (i) stating he or she no longer chooses to receive assistance; or (ii) requesting benefit closure or reduction to avoid or repay an overpayment; (I) the client's whereabouts are unknown. This may occur when the post office returns the client's OKDHS mail and indicates no known forwarding address. SNAP and Child Care Subsidy benefits are not closed for this reason. Refer to OAC 317:35-5-67 to review the SoonerCare (Medicaid) return mail rule; (J) a TANF child is removed from the home because of a judicial determination or because the legal guardian voluntarily placed the child in foster care for more than 30-calendar days; (K) a change occurs in federal or state law; (L) SSP benefits must be are reduced to comply with federal law pertaining to maintenance of effort or a state mandate; or (M) the client requests a reduction in or closure of the child care benefit or a change in child care provider for the Child Care Subsidy program, per OAC 340:40-9-2 and 340:40-9-3. (f) Closing benefits. The worker closes a Child Care Subsidy, SoonerCare (Medicaid), SSP, SNAP, or TANF benefit only at the household's request or after ineligibility is established, per each program's eligibility rules. (g) Reinstating or reopening benefits. Within 30-calendar days of notice issuance, the client may request reduced benefits be reinstated or closed benefits be reopened at the previous benefit level due to an incorrect action or a change in circumstances. (1) When benefits were reduced and the worker determines the client remains eligible at: (A) the previous benefit level, the worker restores benefits to the previous benefit level for all Adult and Family Services (AFS) programs; (B) an increased benefit level, benefits are increased based on specific program rules; or (C) a reduced level than the last action taken, the worker reduces benefits further: (i) effective the next advance notice deadline date for TANF, SSP, and SoonerCare (Medicaid); (ii) when the renewal is due for Child Care Subsidy and SNAP. When the renewal is not due, benefits are: (I) not reduced for Child Care Subsidy, per OAC 340:40-9-2(a); or (II) reduced in limited circumstances for SNAP. Refer to OAC 340:50-9-5 for appropriate circumstances. (2) For TANF, SSP, and SoonerCare (Medicaid), when benefits were closed or suspended and the client remains eligible, but at a reduced benefit level, benefits are reopened using current eligibility information. (3) When Child Care Subsidy benefits are reopened and the renewal is not due, benefits are not reduced below the benefit level at closure. Child care benefits may only be reduced at renewal, per OAC 340:40-9-2(a). (4) When SNAP benefits are reopened and the benefit renewal is not due, benefits may only be reduced in limited circumstances. Refer to OAC 340:50-9-5 for appropriate circumstances. (h) Fair hearing information. When the client requests a fair hearing within 90-calendar days of the date action is taken for SNAP, or 30-calendar days for all other AFS programs, the worker follows fair hearing procedures, per OAC 340:2-5. (1) When the client requests a fair hearing within 10-calendar days following the notice issuance date and requests, pending the hearing's outcome, that benefits be continued at the same benefit level as authorized immediately prior to the adverse action notice, the worker reopens or reinstates benefits to the previous benefit level. (A) For SNAP, the client is not required to request benefits be continued at the same level when he or she requests a fair hearing within 10-calendar days. Benefits are continued at the previous level unless the client waives benefit continuation. (B) For all AFS programs, the worker explains to the client when benefits are continued at the previous level and the appeal is not decided in the client's favor, he or she is expected to repay the benefits. (C) Benefits remain open at the previous level unless another change occurs before a hearing decision is made that requires benefits be reduced or closed. (2) When the client does not request the fair hearing within 10-calendar days of the notice date, the worker does not restore benefits unless the client provides information verifying the client remains eligible at the previous benefit level, the worker determines an incorrect action was taken, or the hearing is decided in the client's favor. (3) Per OAC 340:2-5, the OKDHS Legal Services Appeals Unit makes a decision regarding the fair hearing and sends a decision letter to the client and the OKDHS office. (A) The worker is responsible for taking the action needed to carry out the hearing decision and, when appropriate, sending an overpayment referral to the AFS Benefit Integrity Unit. (B) When benefits were reinstated or reopened and the hearing decision is not in the client's favor, the worker reduces or closes benefits effective the first of the month following the month the final hearing decision is reached.

(a) State Supplemental Payment (SSP) and SoonerCare (Medicaid) benefits may be suspended when the Social Security Administration (SSA) suspends the recipient's Supplemental Security Income (SSI) until the SSI benefit is reinstated or closed. (b) Sooner Care (Medicaid) may be suspended when: (1) SSA suspends the recipient's SSI until the SSI benefit is reinstated or closed; (2) the recipient is incarcerated, for the duration of the incarceration period, per Oklahoma Administrative Code (OAC) 317:35-6-45; or (3) the Oklahoma Health Care Authority initiates an administrative sanction until the sanction is removed, per OAC 317:35-13-7; or (4) Form 08TA018E, Continued Medical Benefit Reply Form, is not received timely for households who are eligible for a continued medical benefit (CMB) following a Temporary Assistance for Needy Families benefit closure due to earnings. When the worker does not reinstate CMB by the suspension month's advance notice deadline, per OKDHS Appendix B-2, Deadlines for Case Actions, CMB automatically closes effective the next month, per OAC 340:10-3-75. (c) Following suspension, when the recipient is determined: (1) eligible, the worker reinstates the benefit effective the month the benefit was suspended; (2) eligible for the month following the suspension month, the worker recertifies the benefit effective the next month; or (3) ineligible for the benefit, the worker closes the benefit effective the next month.

(a) Administrative action reconsideration. An administrative action reconsideration is required when Temporary Assistance for Needy Families (TANF) or State Supplemental Payment (SSP) benefits are denied or closed in error or the benefit amount received by the client was incorrect. The worker reconsiders an administrative action when: (1) computer or procedure issues prevents timely action; (2) policy and procedures were not administered correctly; or (3) new or additional information is received that shows: (A) the applicant is eligible for benefits within 30-calendar days of the application denial date; (B) the recipient is eligible for benefits within 30-calendar days of the closure effective date; or (C) recipient was underpaid. (b) Administrative action decision. When the worker reconsiders a TANF or SSP: (1) closure and finds the benefit was closed in error, the worker reopens the benefit for the current month and any prior months, when applicable. The worker issues a retroactive payment when the benefit is reopened farther back that the immediate prior month; (2) application denial and finds the application was denied in error, the worker certifies the application for the time period the applicant is determined eligible from the application date. The worker issues a retroactive payment to certify the applicant for any months farther back than the immediate prior month; (3) benefit reduction and finds that the benefit was reduced in error, the worker issues a supplement for each month the benefit was reduced in error; or (4) benefit action and finds that the client received a higher benefit that he or she was eligible, the worker completes an overpayment referral for the overpaid months, per Oklahoma Administrative Code 340:65-9.

(a) Definitions. The following words and terms, when used in this Section, have the following meanings unless the context clearly indicates otherwise. (1) "Incapacitated adult" means, per Section 1-111 of Title 30 of the Oklahoma Statutes (30 O.S. § 1-111), a person 18 years of age or older: (A) who is impaired by reason of: (i) mental illness as defined, per 43A O.S. § 1-103; (ii) intellectual or developmental disability as defined, per 10 O.S. § 1430.2; (iii) physical illness or disability; (iv) drug or alcohol dependency as defined, per 43A O.S. § 3-403; or (v) another similar cause, and (B) whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent the person: (i) lacks the capacity to meet essential requirements for his or her physical health or safety, or (ii) is unable to manage his or her financial resources. (2) "Partially incapacitated person" means, per 30 O.S. § 1-111, a person: (A) whose impairment is such that without a limited guardian's assistance the person is unable to: (i) meet the essential requirements for his or her physical health or safety; or (ii) manage or engage in all of the activities necessary to effectively manage his or her financial resources; or (B) who is considered to be legally competent in all areas not specified by a court in its dispositional or subsequent orders. The person retains all legal rights and abilities other than those expressly limited or curtailed in the orders. (3) "Natural guardian" Parents are natural guardians of their minor child(ren) regardless of whether they live in the same household, unless a legal guardianship or custody transfer supersedes natural guardianship. Persons other than the parents may be considered natural guardians when they have, over a continuing period, had custody of the child(ren) and have held themselves responsible for care, support, and maintenance. (4) "Guardian" means, per 30 O.S. § 1-111, a guardian may be general, limited, or special. (A) A general guardian is a court appointed person who serves as the incapacitated person's guardian to ensure that the essential requirements for the person's health and safety are met, to manage the person's estate, or both. (B) A limited guardian is a court appointed person who serves as the partially incapacitated person's guardian and who is court authorized to exercise only certain guardianship powers over the person, his or her or estate or financial resources, or both. (C) A special guardian is a court appointed person who exercises certain specified powers to alleviate a situation threatening serious impairment to the incapacitated or partially incapacitated person's health or safety, or a situation when the person's financial resources will be seriously damaged or dissipated unless immediate action is taken. (5) "Conservator" means a conservator has the same powers and duties as a guardian or limited guardian of an incapacitated or partially incapacitated person's property, per 30 O.S. § 3-215. This includes the investment, management, sale or mortgage of the person's property and his or her debt payment. The conservator is not responsible for ensuring that the essential requirements for the incapacitated or partially incapacitated person's health and safety are met. (6) "Manage financial resources" means to manage financial resources or the estate means those actions necessary to obtain, administer, and dispose of real property, business property, benefits and income, and to otherwise manage personal financial or business affairs, per 30 O.S. § 1-111. (7) "Meet the essential requirements for physical health or safety" means to meet the essential requirements for physical health or safety means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury is more likely than not to occur, per 30 O.S. § 1-111. (b) When a guardian or conservator may be needed. An applicant or recipient who meets the definition of an incapacitated or partially incapacitated adult, per (a) of this Section, may need the protection afforded by a guardian or conservator. When assistance is needed to select a guardian or conservator, a referral may be made to Adult Protective Services. (1) For State Supplemental Payment (SSP) recipients who are: (A) blind or 65 years of age and older, legal guardianship or conservatorship is the only method the SSP payment may be made to a person other than the recipient, per 56 O.S. § 172; (B) under 65 years of age, OKDHS may make the SSP payment to the incapacitated or partially incapacitated person's legal guardian or conservator when needed for his or her protection adult; or (C) under 16 years of age, SSP payment is made to a natural guardian, when available, per Oklahoma Administrative Code 340:15-1-6(c)(3) unless he or she is not competent to transact his or her own business or is otherwise unsuitable or legally disqualified to serve as the natural guardian, per 30 O.S. § 2-106. When the minor reaches 14 years of age, the minor may nominate his or her own guardian, when court approved, per 30 O.S. § 2-103. (2) For Temporary Assistance for Needy Families (TANF) benefits,when the child does not live with his or her parent(s), the relative payee who lives with the dependent child need not be appointed as guardian to receive benefits on the child's behalf. . When the eligible relative the child resides with has a guardian or conservator, the payment is made to the eligible relative's guardian. (c) Guardian or conservator responsibilities. The guardian or conservator is responsible for managing the applicant or recipient's financial matters. This includes signing the SSP or TANF application or renewal and any other necessary forms and providing required verification to determine the person's SSP or TANF eligibility, per 56 O.S. § 166. When a guardian or conservator is appointed after an application is made, but before the application is approved or denied, the guardian or conservator signs and completes a new application using the same application date as the original application. (d) Court costs. The court clerk and the associate or district judge may not charge court costs in cases involving the guardianship of persons who are applicants for or who are receiving Social Security benefits or assistance or veterans disability compensation of pension, per 56 O.S. §192.