Alabama Administrative Code

Author: Notes Ala. Admin. Code r. 660-3-8-.01 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Succedent emergency amendment effective August 31, 1987. Succedent permanent amendment effective December 9, 1987. Succedent permanent repeale…

Author: Notes Ala. Admin. Code r. 660-3-8-.02 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Succedent emergency amendment effective August 31, 1987. Succedent permanent amendment effective December 9, 1987. Succedent permanent amendme…

Author: Notes Ala. Admin. Code r. 660-3-8-.03 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Succedent permanent amendment effective December 9, 1987. Succedent permanent repealer effective September 30, 1989. Statutory Authority:P.L. …

Author: Notes Ala. Admin. Code r. 660-3-8-.04 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Succedent permanent amendment effective December 9, 1987. Succedent permanent repealer effective September 30, 1989. Statutory Authority:P.L. …

Author: Notes Ala. Admin. Code r. 660-3-8-.05 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Permanent repealer effective September 30, 1989. Statutory Authority:P.L. 93-647 ; 42 U.S.C. 651 et seq.; 96-611; 42 U.S.C. 663; 45 C.F.R. 205…

Author: Notes Ala. Admin. Code r. 660-3-8-.06 Emergency adoption effective October 1, 1985. Permanent adoption effective January 9, 1986. Permanent repealer effective September 30, 1989. Statutory Authority:P.L. 93-647 ; 42 U.S.C. 651 et seq.; 96-611; 42 U.S.C. 663; 45 C.F.R. 205…

Provision is made to withhold, restrict the use of, suspend, or revoke licenses for failure to pay support, or failure to comply with subpoenas or warrants relating to paternity or child support proceedings, and to establish criteria for reissuing the licenses. (1) When a noncust…

(1) Withholding, restricting the use of, suspension of a license. Upon an administrative determination that there is a delinquency or a failure to comply with subpoenas or warrants relating to paternity or child support proceedings, a written notice of intent to withhold, restric…

(a) To avoid withholding, restricted use, suspension or revocation, the NCP may enter into a payment plan to pay an immediate lump sum payment and increase ongoing payments to liquidate the remaining arrearages and interest owed. The payment plan does not supersede or amend an or…

(1) A hearing request must be made in writing within fifteen days from the date of receipt of notification of intent to withhold, restrict the use of, suspend or revoke a license. The NCP can request an administrative hearing to show cause why the withholding, restricted use, sus…

(a) The NCP's license will remain withheld, restricted, suspended or revoked until the Department sends notice requesting reinstatement of the license to the licensing authority. While the license is suspended or revoked, the licensing authority may not issue, reissue or renew th…

All regulations, notices, and procedures for the certification of food assistance households and subsequent issuance of food assistance to eligible households are promulgated by the United States Department of Agriculture, Food and Consumer Services, Washington, D.C. The State of…

The Department adopts by reference Title 7, Code of Federal Regulations, revised as of January 1, 1994, selected sections of Parts 271-274. The sections to be adopted by reference are specifically: 271.1 thru 271.7; 272.1; 272.3; 272.4 thru 272.6; 272.8 thru 272.11; 273.1 thru 27…

The policies requiring implementation upon enactment of Public Law 104-193 are as follows: (1) CERTIFICATION PROVISIONS (a) The full amount of income and resources of an alien's sponsor and the sponsor's spouse are counted until the alien becomes a citizen or has worked 40 qualif…

The Department establishes a food assistance program which provides food assistance to households which are deemed eligible based on rules and regulations given or approved by the U.S. Department of Agriculture and the Department. The following rules list those areas in which the…

An application for food assistance may be filed in the Food Assistance Offices, Public Assistance Offices, and Social Security Offices as allowed by Federal Regulations. The Department has adopted the following options and waivers. (1) OPTIONS: (a) Application Form and Filing: Th…

A household participating or applying for participation in the Food Assistance Program must do one of the following for each household member: 1. Provide the member's Social Security Number (SSN). To provide the number the household may state the number, present a document with t…

Specific income and deductions to be considered in determining a household's eligibility and benefit level are outlined by Federal Regulation. Adopted options and waivers are as follows. (1) OPTIONS: (a) Income: All income, except income specifically excluded by federal regulatio…

A household's eligibility shall be determined for the month of application by considering the household's circumstances for the entire calendar month of application. 1. Households who are not in certification the month of application shall be the month in which the household file…

The procedures for handling income received from boarders by a household that does not own and operate a commercial boardinghouse are described in Section 1101. For all other households receiving self-employment income, including those households that own and operate a commercial…

The county office should react to the following changes when reported during the certification period. These reported changes and the action taken on these reported changes should be documented. A. Household Reported Changes - Required Changes 1. Income Exceeds the Maximum Allowa…

Once a household's certification ends, the household's eligibility must be redetermined if benefits are desired. Adopted options and waivers are as follows. The county department shall complete the application process if the household meets all requirements and finishes the neces…

Procedures for the hearing process used in fair hearings are in the General Administration Division as Chapter 660-1-5. 1. OPTIONS: (a) Timely Action on Hearings The county department is responsible for insuring that all final hearing decisions are reflected in the household's al…

Simplified reporting is a term used to describe the limited reporting requirements for all households receiving food assistance benefits. Six-month reporting is a term used to describe those simplified reporting households who are required to submit a report form during the sixth…

Federal regulations concerning the treatment of resources are followed with exceptions listed below. Only certain liquid resources owned by a household member will be used to determine the household's countable resources. Income counted to the household for a month cannot be coun…

Section 13921 of the Leland Act (Pub. L. 103-66 Title I, Chapter 3, August 10, 1993) amends Section 5(e) of the Food Stamp Act. Legally obligated child support payments paid by a household member to a non-household member shall be allowed as a deduction. The deduction shall be on…

Food Assistance issuance activity is contracted. All benefits are to be issued by the contractor in accordance with Federal issuance guidelines. EBT cards are mailed to the households when initially certified and benefits are issued according to an issuance schedule based on the …

Benefits are provided in a timely manner following federally mandated guidelines. The Department has adopted the following options and waivers. (1) OPTIONS: (a) Providing Benefits to Newly Certified Households: Households which apply for benefits after the fifteenth of the month,…

Benefits are issued through an EBT card. Each household is issued an EBT card following the initial certification of the household. The EBT cards are mailed to the household. The Department has adopted the following options and waivers. (1) The Contractor shall receive and proces…

All issuance is accounted for through a reconciliation process. The manner in which this is done corresponds to the type of issuance system used. The Department has adopted the following options and waivers. As SNAP benefits are authorized by eligibility systems (SCI-II and FACET…

Benefits are replaced when a household provides acceptable proof that benefits which were received or the food purchased with such benefits have been destroyed or when benefits which were mailed were not received. The Department has adopted the following options and waivers. (1) …

Notes Ala. Admin. Code r. 660-4-3-.06 Effective June 28, 1983. Succedent emergency repealer effective March 20, 1990. Emergency new rule effective March 20, 1990 (formerly Rule No. 660-4-3-.06). Permanent adoption effective June 11, 1990. Repealed and Replaced: Filed November 1, …

(1) Overpayment (Over issuance). The receipt by a household of food stamps (coupons) in excess of its actual entitlement. (a) Agency (Administrative) Error. Any claim for an overpayment caused by the agency's action or failure to take action on information known to the agency. Th…

Inadvertent overpayment may be the results of agency or household error. In all cases a claim must be established and collection action must be initiated. Repayment may be accepted in a lump sum or in negotiated payments. These may be in the form of cash, food stamps, offsets fro…

(1) If an overpayment occurs and an intentional program violation is suspected, the county may initiate action for an administrative disqualification hearing or appropriate court action. After notification of the impending action, the suspect may negotiate to waiver his/her right…

(1) Disqualification hearings are conducted at the state level. The state agency may combine a fair hearing and an administrative disqualification hearing into a single hearing if the factual issues arise out of the same, or related, circumstances and the household receives prior…

The state agency shall administer such temporary emergency standards of eligibility that may be established by the Secretary of USDA during periods of emergency for households who are victims of a disaster which disrupts commercial channels of food distribution, if such household…

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.01 Effective June 28, 1983. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 274.1(a), (b); Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.02 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 271.5(a); Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.03 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 271.5; Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.04 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 271.5(c); Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.05 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 274.1(d); Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.06 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 274.1(c); Code of Ala. 1975, § 38-2-6.

(Repealed 11/1/95) Author: Notes Ala. Admin. Code r. 660-4-6-.07 Effective October 9, 1985. Repealed: Filed November 1, 1995; effective December 6, 1995. Statutory Authority: 7 C.F.R. 271.5(d); Code of Ala. 1975, § 38-2-6.

(1) Prospective Budgeting: The computation of a household's SNAP allotment for an issuance month based on an estimate of income and circumstances which will exist in that month. (2) Reporting Requirements: Changes that SNAP households are required to report. (3) Six-month Report:…

(1) The periodic report form shall be the sole reporting requirement for any information that is required to be reported on the form, except that a household shall report when its monthly gross income exceeds the monthly gross income limit for its household size and able-bodied a…

(1) The State Agency may include any household certified for at least 4 months within a simplified reporting system. (2) Any household not in the category defined in number 1 of this section are excluded from simplified reporting and must report all changes within 10 days. Notes …

(1) Determination of Eligibility and Benefit Levels. A household's eligibility shall be determined for the month of application by considering the household's circumstances for the entire calendar month of application. (a) Households who are not in certification the month of appl…

(1) Six-month reporting households are sent a six-month report form during the fifth month (report month) of the certification period to be completed and returned between the first and tenth of the sixth month (processing month) of the certification period. The form may be submit…

(1) Address Change: Failure by the household to answer the address change question constitutes an incomplete report. A household is required to report a change of address. If the household has moved, the new mailing address is required. A household should complete the additional …