7 CFR 275.3 - Federal monitoring.
The Food and Nutrition Service shall conduct the review described in this section to determine whether a Stateagency is operating the Food Stamp Program and the Performance Reporting System in accordance with program requirements. The Federal reviewer may consolidate the scheduling and conduction of these reviews to reduce the frequency of entry into the Stateagency. FNS regional offices will conduct additional reviews to examine Stateagency and project area operations, as considered necessary to determine compliance with program requirements. FNS shall notify the Stateagency of any deficiencies detected in program or system operations. Any deficiencies detected in program or system operations which do not necessitate long range analytical and evaluative measures for corrective action development shall be immediately corrected by the Stateagency. Within 60 days of receipt of the findings of each review established below, State agencies shall develop corrective action addressing all other deficiencies detected in either program or system operations and shall ensure that the Stateagency's own corrective action plan is amended and that FNS is provided this information at the time of the next formal semiannual update to the Stateagency's Corrective Action Plan, as required in § 275.17.
(a)Reviews of State Agency's Administration/Operation of the Food Stamp Program. FNS shall conduct an annual review of certain functions performed at the Stateagency level in the administration/operation of the program. FNS will designate specific areas required to be reviewed each fiscal year.
(b)Reviews of State Agency's Management Evaluation System. FNS will review each Stateagency's management evaluation system on a biennial basis; however, FNS may review a Stateagency's management evaluation system on a more frequent basis if a regular review reveals serious deficiencies in the ME system. The ME review will include but not be limited to a determination of whether or not the Stateagency is complying with FNS regulations, an assessment of the Stateagency's methods and procedures for conducting ME reviews, and an assessment of the data collected by the Stateagency in conducting the reviews.
(c)Validation of State Agency error rates. FNS shall validate each Stateagency's payment error rate, as described in § 275.23(c), during each annual quality control review period. Federal validation reviews shall be conducted by reviewing against the Food Stamp Act and the regulations, taking into account any FNS-authorized waivers to deviate from specific regulatory provisions. FNS shall validate each Stateagency's reported negative error rate. Any deficiencies detected in a Stateagency's QC system shall be included in the Stateagency's corrective action plan. The findings of validation reviews shall be used as outlined in § 275.23(d)(4).
|Average monthly reviewable caseload (N)||Federal subsample target (n′)|
|31,489 and over||n′ = 400|
|10,001 to 31,488||n′ = .011634 N 33.66|
|10,000 and under||n′ = 150|
|Average monthly reviewable caseload (N)||Federal subsample target (n′)|
|60,000 and over||n′ = 400|
|10,001 to 59,999||n′ = .005 N 100|
|10,000 and under||n′ = 150|
(C) In the above formula, n' is the minimum number of Federal review sample cases which must be selected when conducting a validation review, except that FNS may select a lower number of sample cases if:
(D) The reduction in the number of Federal cases selected will be equal to the number of cases that would have been selected had the Federal sampling interval been applied to the Stateagency's shortfall in its required sample size. This number may not be exact due to random starts and rounding.
(ii) FNS Regional Offices will conduct case record reviews to the extent necessary to determine the accuracy of the Stateagency's findings using the household's certification records and the Stateagency's QC records as the basis of determination. The FNS Regional Office may choose to verify any aspects of a Stateagency's QC findings through telephone interviews with participants or collateral contacts. In addition, the FNS Regional Office may choose to conduct field investigations to the extent necessary.
(v) FNS validation reviews of the Stateagency's active sample cases will be conducted on an ongoing basis as the Stateagency reports the findings for individual cases and supplies the necessary case records. FNS will begin the remainder of each Stateagency's validation review as soon as possible after the Stateagency has supplied the necessary information regarding its sample and review activity.
(2)Underissuance error rate. The validation review of each Stateagency's underissuance error rate shall occur as a result of the Federal validation of the Stateagency's payment error rate as outlined in paragraph (c)(1) of this section.
|Average monthly reviewable negative caseload (N)||Federal subsample target (n′)|
|5,000 and over||n′ = 160|
|501 to 4,999||n′ = .0188 N 65.7|
|Under 500||n′ = 75|
(A) In the above formula, n' is the minimum number of Federal review sample cases which must be selected when conducting a validation review, except that FNS may select a lower number of sample cases if:
(B) The reduction in the number of Federal cases selected will be equal to the number of cases that would have been selected had the Federal sampling interval been applied to the Stateagency's shortfall in its required sample size. This number may not be exact due to random starts and rounding.
(ii) FNS Regional Offices will conduct case record reviews to the extent necessary to determine whether the household case record contained sufficient documentation to justify the Stateagency's QC findings of the correctness of the Stateagency's decision to deny, suspend or terminate a household's participation.
(iv) FNS will begin each Stateagency's negative sample case validation review as soon as possible after the Stateagency has supplied the necessary information, including case records and information regarding its sample and review activity.
(i) Whenever the Stateagency disagrees with the FNS regional office concerning individual QC case findings and the appropriateness of actions taken to dispose of an individual case, the Stateagency may request that the dispute be arbitrated on a case-by-case basis by an FNS Arbitrator, subject to the following limitations.
(B) The arbitration review shall be limited to the point(s) within the Federal findings or disposition that the Stateagency disputes. However, if the arbitrator in the course of the review discovers a mathematical error in the computational sheet, the arbitration shall correct the error while calculating the allotment.
(ii) The FNS Arbitrator(s) shall be an individual or individuals who are not directly involved in the validation effort.
(iii) With the exception of the restrictions contained in paragraph (c)(4)(iii), for an arbitration request to be considered, it must be received by the appropriate FNS regional office within 20 calendar days of the date of receipt by the Stateagency of the regional office case findings. In the event the last day of this time period falls on a Saturday, Sunday, or Federal or State holiday, the period shall run to the end of the next work day. The Stateagency shall be restricted in its eligibility to request arbitration of an individual case if that case was not disposed of and the findings reported in accordance with the timeframes specified in § 275.21(b)(2). For each day late that a case was disposed of and the findings reported, the Stateagency shall have one less day to request arbitration of the case.
(iv) When the Stateagency requests arbitration, it shall submit all required documentation to the appropriate FNS regional office addressed to the attention of the FNS Arbitrator. The FNS regional office QC staff may submit an explanation of the Federal position regarding a case to the FNS Arbitrator.
(A) A complete request is one that contains all information necessary for the arbitrator to render an accurate, timely decision.
(5)Household cooperation. Households are required to cooperate with Federal QC reviewers. Refusal to cooperate shall result in termination of the household's eligibility. The Federal reviewer shall follow the procedures in § 275.12(g)(1)(ii) in order to determine whether a household is refusing to cooperate with the Federal QC reviewer. If the Federal reviewer determines that the household has refused to cooperate, as opposed to failed to cooperate, the household shall be reported to the Stateagency for termination of eligibility.
(d)Assessment of Corrective Action.
(1) FNS will conduct will conduct a comprehensive annual assessment of a Stateagency's corrective action process by compiling all information relative to that Stateagency's corrective action efforts, including the Stateagency's system for data analysis and evaluation. The purpose of this assessment and review is to determine if: identified deficiencies are analyzed in terms of causes and magnitude and are properly included in either the State or Project Area/Management Unit corrective action plan; the Stateagency is implementing corrective actions according to the appropriate plan; target completion dates for reduction or elimination of deficiencies are being met; and, corrective actions are effective. In addition, FNS will examine the Stateagency's corrective action monitoring and evaluative efforts. The assessment of corrective action will be conducted at the Stateagency, project area, and local level offices, as necessary.
(2) In addition, FNS will conduct on-site reviews of selected corrective actions as frequently as considered necessary to ensure that State agencies are implementing proposed corrective actions within the timeframes specified in the Stateagency and/or Project Area/Management Unit corrective action plans and to determine the effectiveness of the corrective action. The on-site reviews will provide State agencies and FNS with a mechanism for early detection of problems in the corrective action process to minimize losses to the program, participants, or potential participants.
Title 7 published on 2015-08-22
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 275 after this date.
Title 7 published on 2015-08-22.
The following are only the Rules published in the Federal Register after the published date of Title 7.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.