CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Family Support

(Amendment)

 

††††† 921 KAR 3:025. Technical requirements.

 

††††† RELATES TO: KRS 205.2005, 7 C.F.R.[Part] 273.4, 273.5, 273.7, 45 C.F.R. 261.2, 7 U.S.C. 2011, 2014, 2015(d)[, 8 U.S.C. 1101-1524, 1612(a), 19 U.S.C. 2296, 21 U.S.C. 862(a), 25 U.S.C. 450, 29 U.S.C. 2801 to 2945, 38 U.S.C. 101, 107, 1101, 1301, 1304, 1382, 5303A(d), 42 U.S.C. 681, 1382, Pub. L. 111-118]

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R.[Parts] 271.4, 272, 273

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R.[Part] 271.4 requires the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) within the state. 7 C.F.R.[Parts] 272 and 273 set forth requirements for the cabinet to participate in the SNAP. In addition, 7 U.S.C. 2014 establishes that an otherwise-qualified alien who is blind or receiving a disability benefit, who has lived in the United States for at least five (5) years, or is under eighteen (18) years of age shall be eligible to participate in SNAP regardless of the date he entered the United States. This administrative regulation sets forth the technical eligibility requirements used by the cabinet in the administration of SNAP.

 

††††† Section 1. Definitions. (1) "Certification period" means a period of time during which a household shall be eligible to receive SNAP benefits.

††††† (2) "Exempt" means excused by the department from participation in the Supplemental Nutrition Assistance Program Employment and Training Program (E&T).

††††† (3) "Qualified alien" is defined by 7 C.F.R. 273.4[means an alien or refugee who is:

††††† (a) Lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 to 1524;

††††† (b) Granted asylum pursuant to 8 U.S.C. 1158;

††††† (c) Admitted to the United States pursuant to 8 U.S.C. 1157;

††††† (d) Paroled into the United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1) year;

††††† (e) Having his deportation withheld pursuant to:

††††† 1. 8 U.S.C. 1253(h), as in effect prior to April 1, 1997; or

††††† 2. 8 U.S.C. 1231(b)(3);

††††† (f) Granted conditional entry pursuant to 8 U.S.C. 1153(a)(7) as in effect prior to April 1, 1980;

††††† (g) Granted status as a Cuban and Haitian entrant pursuant to 8 U.S.C. 1522;

††††† (h) A victim that has been battered or subjected to extreme cruelty in the U.S. pursuant to 8 U.S.C. 1182;

††††† (i) A victim of a severe form of trafficking in persons who has been certified to the same extent as an alien who is admitted to the U.S. as a refugee pursuant to 8 U.S.C. 1157; or

††††† (j) An alien admitted to the United States as an Afghan or Iraqi special immigrant on or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120].

††††† (4)[(3)] "Student" means a person who is between the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and enrolled at least half-time in an institution of higher education.

 

††††† Section 2. Technical Eligibility. In accordance with federal regulations promulgated by the Food and Nutrition Service (FNS), of the United States Department of Agriculture, the cabinet shall utilize national uniform requirements of technical eligibility for SNAP.

 

††††† Section 3. Technical Eligibility Criteria. Technical eligibility requirements shall apply to all households and consist of:

††††† (1) Residency. A household:

††††† (a) Shall reside in the county in which the household receives[they receive] benefits; and

††††† (b) May apply for benefits in any county as specified in 921 KAR 3:030, Section 3.

††††† (2) Identity.

††††† (a) The applicant's identity shall be verified; and

††††† (b) If an authorized representative applies for the household, the applicant's and the authorized representative's identities shall be verified.

††††† (3) Citizenship and alien status.

††††† (a) An individual[The following individuals] shall satisfy the citizenship and alien status requirement if the individual is a:

††††† 1.[A] Citizen of the United States;

††††† 2.[A] U.S. noncitizen national; or

††††† 3. Qualified alien who is lawfully residing in Kentucky[An alien who is:

††††† a. An American Indian born in Canada pursuant to 8 U.S.C. 1359; or

††††† b. A member of an Indian tribe pursuant to 25 U.S.C. 450;

††††† 4.a. An alien lawfully residing in the United States who was a member of a Hmong or Highland Laotian tribe and rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era pursuant to 38 U.S.C. 101;

††††† b. The spouse, or an unmarried dependent child, of an individual described in clause a of this subparagraph; or

††††† c. The unmarried surviving spouse of such an individual who is deceased, as described in clause a of this subparagraph.

††††† 5. An alien who is lawfully residing in Kentucky and is:

††††† a. A veteran, as defined pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with an honorable discharge and not on account of alienage, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d);

††††† b. On active duty, other than active duty for training, in the Armed Forces of the United States;

††††† c. The spouse or unmarried dependent child of an individual described in clauses a and b of this subparagraph;

††††† d. The unmarried surviving spouse of an individual described in clauses a and b of this subparagraph who is deceased if the marriage fulfills the requirements of 38 U.S.C. 1304;

††††† e. Under eighteen (18) years of age on October 1, 2003;

††††† 6. An alien lawfully residing in the United States on August 22, 1996, who is blind or has a disability pursuant to 42 U.S.C. 1382;

††††† 7. An alien lawfully residing in the United States on August 22, 1996, who was sixty-five (65) years of age or older;

††††† 8. An alien lawfully residing in the United States on October 1, 2003, who is under eighteen (18) years of age;

††††† 9. An alien admitted to the United States as an Afghan or Iraqi special immigrant on or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120; or

††††† 10. An alien lawfully residing in the United States who meets the alien and citizenship requirements as specified in subparagraph 5 of this paragraph.

††††† (b) In accordance with 7 U.S.C. 2014, an otherwise-qualified alien who is blind or receiving a disability benefit, who has lived in the United States for at least five (5) years, or who is under eighteen (18) years of age, shall be eligible to participate in SNAP regardless of the date the otherwise-qualified alien entered the United States.

††††† (c) Pursuant to 8 U.S.C. 1612(a)(2)(D)(ii), an alien who was participating in SNAP on August 22, 1996, shall not be determined ineligible based solely on the alien eligibility criteria of 8 U.S.C. 1612(a)(1)].

††††† (b)[(d)] Except as provided in paragraph (c)[(e)] of this subsection, an individual whose status is questionable shall be ineligible to participate until verified.

††††† (c)[(e)] An individual whose status is pending verification from a federal agency shall be eligible to participate for up to six (6) months from the date of the original request for verification.

††††† (d)[(f)] A single household member shall attest in writing to the citizenship or alien status requirements as established in 921 KAR 3:030 for each household member.

††††† (4) Household size. If information is obtained by the Department for Community Based Services (DCBS) that household size differs from the householdís stated size, the size of household shall be verified through readily available documentary evidence or through a collateral contact.

††††† (5) Students. A student shall be ineligible to participate unless the student is[they meet at least one (1) of the following criteria]:

††††† (a) [Shall be]Engaged in paid employment for an average of twenty (20) hours per week or, if self-employed, shall be employed for an average of twenty (20) hours per week and receive weekly earnings at least equal to the federal minimum wage multiplied by twenty (20) hours;

††††† (b) Participating[Shall participate] in a state or federally financed work study program during the regular school year;

††††† (c) [Shall be]Responsible for the care of a dependent household member under the age of six (6);

††††† (d) [Shall be]Responsible for the care of a dependent household member who has reached the age of six (6), but is under age twelve (12) and for whom[where] the cabinet has determined that adequate child care is not available to enable the individual to attend class and to satisfy the work requirements of paragraphs (a) and (b) of this subsection;

††††† (e) Receiving[Shall receive] benefits from the Kentucky Transitional Assistance Program (K-TAP);

††††† (f) [Shall be]Assigned to or placed in an institution of higher learning through a program pursuant to:

††††† 1. 29 U.S.C. 2801;

††††† 2. 45 U.S.C. 261.2; or

††††† 3. 19 U.S.C. 2296;

††††† (g) [Shall be]Enrolled in an institution of higher learning as a result of participation in a work incentive program pursuant to 42 U.S.C. 681; [or]

††††† (h) Enrolled in an institution of higher learning as a result of participation in E&T in accordance with 921 KAR 3:042; or

††††† (i)[Is] A single parent with responsibility for the care of a dependent household member under age twelve (12).

††††† (6) Social Security number (SSN).

††††† (a) Households applying for or participating in SNAP shall comply with SSN requirements by providing the SSN of each household member or applying for one prior to certification.

††††† (b) Failure to comply without good cause shall be determined for each household member and shall result in an individual's disqualification from participation in SNAP until this requirement is met.

††††† (7) Work registration. All household members shall be required to comply with the work registration requirements, unless exempt, as established in Section 4 of this administrative regulation[921 KAR 3:042].

††††† (8) Work requirement.

††††† (a) Except for individuals who[that] may be eligible for up to three (3) additional[countable] months in accordance with Section 4 of this administrative regulation[subsection (7) of this section], an individual shall not be eligible to participate in SNAP as a member of a household if the individual received SNAP for more than three (3) countable months during any three (3) year period, during which the individual did not:

††††† 1. Work eighty (80) hours or more per month;

††††† 2. Participate in and comply with the requirements of the E&T[Employment and Training Program] component pursuant to 7 U.S.C. 2015(d) for twenty (20) hours or more per week;

††††† 3. Participate in and comply with the requirements of a program pursuant to:

††††† a. 29 U.S.C. 2801 to 2945; or

††††† b. 19 U.S.C. 2296;

††††† 4. Participate in and comply with the requirements established in 921 KAR 3:042[of] the[following programs]:

††††† a.[The] Work Experience Program component of SNAP Employment and Training Program; or

††††† b. Vocational Education Skill Training Program; or

††††† 5. Receive SNAP benefits pursuant to paragraph (b), (c), or (d) of this subsection.

††††† (b) Paragraph (a) of this subsection shall not apply to an individual if the individual is:

††††† 1. Under eighteen (18) or fifty (50) years of age or older;

††††† 2. Physically or mentally unfit for employment as determined by the cabinet;

††††† 3. A parent or other adult member of a household containing a dependent child under the age of eighteen (18);

††††† 4. Exempt from work registration as specified in Section 4(4) of this administrative regulation;[921 KAR 3:042, Section 2;] or

††††† 5. Pregnant.

††††† (c) Paragraph (a) of this subsection shall not apply if, pursuant to an approved waiver by FNS, the county or area in which the individual resides:

††††† 1. Has an unemployment rate of over ten (10) percent; or

††††† 2. Does not have a sufficient number of jobs to provide employment.

††††† (d) Subsequent eligibility.

††††† 1. An individual denied eligibility under paragraph (a) of this subsection shall regain eligibility to participate in SNAP if, during a thirty (30) day period, the individual meets the conditions of paragraph (a)1 through 4 of this subsection, or[who did not reapply for benefits because] the individual was not meeting the work requirements in accordance with paragraph (b) of this subsection.

††††† 2. An individual who regains eligibility pursuant to subparagraph 1 of this paragraph shall remain eligible as long as the individual meets the requirements of subparagraph 1 of this paragraph.

††††† (e) Loss of employment or training.

††††† 1. An individual who regains eligibility under paragraph (d)1 of this subsection and who no longer meets the requirements of paragraph (a)1 through 4 of this subsection shall remain eligible for a consecutive three (3) month period, beginning on the date the individual first notifies the cabinet that the individual no longer meets the requirements of paragraph (a)1 through 4 of this subsection.

††††† 2. An individual shall not receive benefits under subparagraph 1 of this paragraph for more than a single three (3) month period in any three (3) year period.

††††† (f) If the individual does not meet all other technical and financial eligibility criteria pursuant to 7 U.S.C. 2011, nothing in this section shall make an individual eligible for SNAP benefits.

††††† (9) Quality control. Refusal to cooperate in completing a quality control review shall result in termination of the participating household's benefits.

††††† (10) Drug felons. An individual convicted under federal or state law of an offense classified as a felony by the law of the jurisdiction involved and that has an element of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 862(a), may remain eligible for SNAP benefits if the individual meets the requirements pursuant to KRS 205.2005.

 

††††† Section 4. Work Registration. (1) Unless a household member is exempt from work requirements as specified in subsection (4) of this section, a household member shall register for work:

††††† (a) At the time of initial application for SNAP; and

††††† (b) Every twelve (12) months following the initial application.

††††† (2) Work registration shall be completed by the:

††††† (a) Member required to register; or

††††† (b) Person making application for the household.

††††† (3) Unless otherwise exempt, a household member excluded from the SNAP case shall register for work during periods of disqualification. An excluded person shall be an:

††††† (a) Ineligible alien; or

††††† (b) Individual disqualified for:

††††† 1. Refusing to provide or apply for a Social Security number; or

††††† 2. An intentional program violation.

††††† (4) An individual meeting the criteria of 7 C.F.R. 273.7(b)(1) shall be exempt from work registration requirements.

††††† (5) A household member who loses exemption status due to a change in circumstances shall register for work in accordance with 7 C.F.R. 273.7(b)(2).

††††† (6) After registering for work, a nonexempt household member shall:

††††† (a) Respond to a cabinet request for additional information regarding employment status or availability for work;

††††† (b) In accordance with 7 C.F.R. 273.7(a)(1)(vi), accept a bona fide offer of suitable employment as specified in 7 C.F.R. 273.7(h), at a wage not lower than the state or federal minimum wage; or

††††† (c) In accordance with 7 C.F.R. 273.7(a)(1)(ii), participate in the E&T Program if assigned by the cabinet.

††††† (7) A household member making a joint application for SSI and SNAP in accordance with 921 KAR 3:035 shall have work requirements waived in accordance with 7 C.F.R. 273.7(a)(6).

††††† (8) The cabinetís E&T worker shall explain to the SNAP applicant the:

††††† (a) Work requirements for each nonexempt household member;

††††† (b) Rights and responsibilities of the work-registered household members; and

††††† (c) Consequences of failing to comply.

 

††††† Section 5. Determining Good Cause. (1) A determination of good cause shall be undertaken if a:

††††† (a) Work registrant has failed to comply with work registration requirements as specified in Section 4 of this administrative regulation; or

††††† (b) Household member has, as described in Section 7 of this administrative regulation, voluntarily:

††††† 1. Quit a job; or

††††† 2. Reduced the household memberís work effort.

††††† (2) In accordance with 7 C.F.R. 273.7(i)(2), good cause shall be granted for circumstances beyond the control of the individual, such as:

††††† (a) Illness of the individual;

††††† (b) Illness of another household member requiring the presence of the individual;

††††† (c) A household emergency;

††††† (d) Unavailability of transportation; or

††††† (e) Lack of adequate care for a child who is six (6) to twelve (12) years of age for whom the individual is responsible.

††††† (3) Good cause for leaving employment shall be granted if:

††††† (a) A circumstance specified in subsection (2) of this section exists;

††††† (b) The employment became unsuitable in accordance with 7 C.F.R. 273.7(h); or

††††† (c) A circumstance specified in 7 C.F.R. 273.7(i)(3) exists.

 

††††† Section 6. Disqualification. (1) A participant shall be disqualified from the receipt of SNAP benefits if the participant:

††††† (a) Fails to comply with the work registration requirements; or

††††† (b) Is determined to have voluntarily, without good cause, quit a job or reduced the work effort as established in Section 5 of this administrative regulation.

††††† (2) An individual disqualified from participation in SNAP shall be ineligible to receive SNAP benefits until the latter of the:

††††† (a) Date the individual complies; or

††††† (b) Lapse of the following time periods:

††††† 1. Two (2) months for the first violation;

††††† 2. Four (4) months for the second violation; or

††††† 3. Six (6) months for the third or a subsequent violation.

††††† (3) Ineligibility shall continue until the ineligible member:

††††† (a) Becomes exempt from the work registration; or

††††† (b)1. Serves the disqualification period specified in subsection (2)(b) of this section; and

††††† 2. Complies with the work registration requirements.

††††† (4) A disqualified household member who joins a new household shall:

††††† (a) Remain ineligible for the remainder of the disqualification period specified in subsection (2)(b) of this section;

††††† (b) Have income and resources counted with the income and resources of the new household; and

††††† (c) Not be included in the household size in the determination of the SNAP allotment.

 

††††† Section 7. Disqualification for Voluntary Quit or Reduction in Work Effort. (1) Within thirty (30) days prior to application for SNAP or any time after application, an individual shall not be eligible to participate in SNAP if the individual voluntarily, without good cause:

††††† (a) Quits a job:

††††† 1. Of thirty (30) hours or more per week; and

††††† 2. With weekly earnings at least equal to the federal minimum wage times thirty (30) hours; or

††††† (b) Reduces the individualís work effort to:

††††† 1. Less than thirty (30) hours per week; and

††††† 2. After the reduction, weekly earnings are less than the federal minimum wage times thirty (30) hours.

††††† (2) The cabinet shall impose a disqualification period established in Section 6(2)(b) of this administrative regulation on an individual meeting subsection (1)(a) or (1)(b) of this section.

 

††††† Section 8. Curing Disqualification for Voluntary Quit or Reduction in Work Effort. (1) Eligibility and participation may be reestablished by:

††††† (a) Securing new employment with salary or hours comparable to the job quit;

††††† (b) Increasing the number of hours worked to the amount worked prior to the work effort reduction and disqualification; or

††††† (c) Serving the minimum period of disqualification imposed pursuant to Section 6(2)(b) of this administrative regulation.

††††† (2) If the individual applies again and is determined to be eligible, an individual may reestablish participation in SNAP.

††††† (3) If an individual becomes exempt from work registration, the disqualification period shall end, and the individual shall be eligible to apply to participate in SNAP.

 

††††† Section 9. Hearing Process. If aggrieved by a cabinet action or inaction that affects participation, a SNAP participant may request a hearing in accordance with 921 KAR 3:070.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

††††† APPROVED BY AGENCY: June 7, 2017

††††† FILED WITH LRC: June 12, 2017 at 3 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 21, 2017, at 9:00 a.m. in Suites A & B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky 40621. Individuals interested in attending this hearing shall notify this agency in writing by July 14, 2017, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until July 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone 502-564-7905, fax 502-564-7573, email Tricia.Orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Elizabeth Caywood, phone (502) 564-3703, email Elizabeth.Caywood@ky.gov, and Tricia Orme

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation sets forth the technical requirements to receive Supplemental Nutrition Assistance Program (SNAP) benefits.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish the technical requirements for eligibility for SNAP.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes through its establishment of technical requirements for SNAP eligibility.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of the statutes by establishing technical requirements for SNAP.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation incorporates work registration and disqualification requirements to be applied to nonexempt SNAP household members. In addition, the amendment makes technical corrections in accordance with KRS Chapter 13A.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation will facilitate the establishment of a voluntary employment and training (E&T) program for all SNAP recipients in addition to those able-bodied adults without dependents (ABAWDs) in SNAP who must participate in an approved E&T activity or work as a condition of benefit receipt. Under a voluntary program, any SNAP recipient may choose to participate in and gain the benefits of an E&T activity. Individuals who volunteer to participate are motivated to find work and achieve self-sufficiency, and they are more open to discuss their past experiences, goals, and challenges and more ready and willing to accept help in achieving their goals. The expansion will help the state leverage additional resources and provide a larger array of E&T opportunities to promote a SNAP recipientís job prospects and, ultimately, reduce reliance upon SNAP.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment to this administrative regulation conform to the authorizing statutes by prescribing work registration and disqualification requirements for SNAP.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment to this regulation will incorporate the technical work requirements for the SNAP program.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: As of March 2017, there are 299,418 households receiving Supplemental Nutrition Assistance Program benefits.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The amendment to this administrative regulation will not require a new action on the part of affected entities.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The amendment to the administrative regulation will not create a new cost to SNAP recipients.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Any SNAP recipient, not just those able-bodied adults without dependents who must participate in an E&T activity or work as a condition of benefit receipt, can benefit from the E&T program and, ultimately, improve their job prospects and perhaps even reduce their reliance upon SNAP. In the voluntary program unlike the present-day program, an able-bodied adult without dependents, who is disqualified and then demonstrates compliance, can regain eligibility without serving a disqualification period. The amendment to this administrative regulation will allow the state to leverage additional resources and expand the array of E&T activities available statewide to all SNAP recipients.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: The amendment to this administrative regulation does not create additional, ongoing costs to the administrating agency. Rather, the amendment may increase state and federal resources for and expand E&T activities statewide. The amendment also presents the possibility for reduced administrative burdens for the agency as a result of less staff time spent on determining E&T noncompliance, good cause, and issuing adverse notices to mandatory SNAP recipients.

††††† (b) On a continuing basis. The amendment to this administrative regulation does not create additional costs to the administrating agency. Rather, the amendment may increase state and federal resources for and expand E&T activities statewide.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: SNAP benefits are 100% federally funded by the U.S. Department of Agriculture. Program administrative costs are funded 50% federal and 50% state and have been appropriated in the enacted budget.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There are no increases in fees or funding required with this amendment.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees, nor directly or indirectly increases any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation will be applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

††††† 1. Federal statute or regulation constituting the federal mandate. 7 C.F.R. 271.4

††††† 2. State compliance standards. KRS 194.050(1)

††††† 3. Minimum or uniform standards contained in the federal mandate. The provisions of the administrative regulation comply with the federal mandate.

††††† 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? This administrative regulation will impose no stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.

††††† 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. This administrative regulation does not impose a stricter standard, or additional or different responsibilities or requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department for Community Based Services will be impacted by this administrative regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 194A.050 (1), 7 C.F.R. 271.4

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? SNAP does not directly generate any revenue. The cabinet may be able to qualify for additional federal reimbursement of SNAP E&T activities as a result of the programmatic changes supported through this administrative regulation.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?

SNAP does not directly generate any revenue. The cabinet may be able to qualify for additional federal reimbursement of SNAP E&T activities as a result of the programmatic changes supported through this administrative regulation.

††††† (c) How much will it cost to administer this program for the first year? This amendment will not create any new or additional ongoing costs in the first year.

††††† (d) How much will it cost to administer this program for subsequent years? This amendment will not require any new or additional costs in subsequent years.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: