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be available. Applicants for and recipients of assistance shall be notified in writing at the time of application and recertification that the Department will regularly request information from other federal and State agencies which will be used to aid in determining their eligibility for and the amount of benefits. H. Each individual wishing to do so shall have the opportunity to apply for assistance without delay. Under this requirement: (1) The Department shall require a written application, signed under a penalty of perjury, on a form prescribed by the Department, from the applicant himself or someone acting responsibly for him. (2) An applicant may be assisted, if he so desires, by an individual(s) of his choice (who need not be a lawyer) in the various aspects of the application process and the redetermination of eligibility and may be accompanied by such individual(s) in contacts with the Department and when so accompanied may also be represented by him. I. The Standards and methods for determination of eligibility shall be consistent with the objectives of the program, and will respect the rights of individuals under the United States Constitution, the Social Security Act, Title VI of the Civil Rights Act of of 1964, Americans with Disabilities Act of 1990, and all other relevant provisions of federal and State laws. J. Eligibility conditions or Department procedures or methods must not prevent an individual from applying for and obtaining a determination of eligibility or ineligibility. Methods of eligibility determination must be consistent with the objective of assisting all eligible persons to qualify. K. All applicants and recipients are entitled to due process rights, which include a ten day advance notice of decisions adversely affecting their food stamp benefits and the right to request a fair hearing. HISTORY: Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002. 114–1330. Income and Deductions. A. In addition to a monthly Standard Utility Allowance for households which incur a heating or cooling expense during the year, the State will offer a monthly Basic Utility Allowance for households which do not incur a heating or cooling expense during the year shall be determined by the Department. The standards shall be reviewed and updated annually using a statistically acceptable sampling procedure to establish a normative utility cost incurred by food stamp recipients. B. The State will allow homeless food stamp recipient households to claim a monthly shelter deduction based on the actual costs that the household incurs. C. The State will count a pro rata share of the gross income of an ineligible alien toward the total income of the food stamp budget group. D. The State will submit to FNS for renewal every two years, the ‘‘waiver’’ to accept the benefit group’s statement as verification for interest income in the amount of $10 or less per month or $120 or less per year. HISTORY: Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002. 114–1335. Disqualifications and Sanctions. A. The State will sanction an individual recipient who fails to cooperate with Food Stamp work requirements for the time periods shown below. The non-compliant recipient must serve the entire sanction period (unless they become exempt from work registration requirements, at which time the sanction is lifted) and comply with Food Stamp work requirements before eligibility may be reestab- lished. (1) First violation—one month. (2) Second violation—three months. (3) Third violation—six months.