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Page 6 of 7 Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts. 15. How must State agencies screen for exceptions from the time limit when a waiver of the time limit ends? In general, State agencies should screen individuals even when a waiver is in place. State agencies must also measure the three-year period and track time-limited participants on a continuous basis, even in areas under a waiver. When a waiver ends, State agencies must ensure individuals who are subject to the time limit are notified of the applicable work requirements and begin applying the time limit. State agencies must follow screening procedures at 7 CFR 273.24(k) for individuals residing in a previously waived area who may be newly subject to the time limit due to changes in exceptions.

16. When are State agencies required to send the consolidated work notice and provide the oral explanation to time-limited participants living in previously waived areas? The OBBB did not change the notice requirements. State agencies must provide a consolidated written notice and an oral explanation describing the applicable work requirements for each household member at certification, recertification, and whenever a household member becomes subject to the work requirements per 7 CFR 273.7(c)(1)(ii). When a waiver of the time limit ends, FNA strongly recommends sending additional notices to remind time-limited participants of the requirements. If a State agency has not provided the consolidated work notice or oral explanation to households while the waiver was in effect, it is required to provide such notices, per 7 CFR 273.7(c)(1)(iii), to anyone now subject to the work requirements due to the expiration of the waiver.

C. Good Faith Exemptions for Alaska and Hawaii 17. What is the difference between the waiver criterion for Alaska and Hawaii and the good faith exemptions for Alaska and Hawaii? The waiver criteria for Alaska and Hawaii allow the Secretary to approve waivers of geographic areas of the State that have unemployment rates at or above 1.5 times the national average per section 10102(b) of the OBBB. This waiver covers individuals residing in a specific geographic area. The State agency must submit a request including supporting data demonstrating unemployment rates meet the threshold in the given areas and receive FNA approval to waive the time limit.