218 R.I. Code R. 218-RICR-20-00-1.1 - [Effective 4/29/2025] General Information
1.1.1
Authority
A. All regulations and
procedures for the certification of Supplemental Nutrition Assistance Program
(SNAP) households and subsequent issuance of SNAP benefits to eligible
households are authorized by the Food and Nutrition Act of 2008 (as amended
through Pub. Law 116-94).
2. Program operations are
conducted in Rhode Island under the terms of R.I. Gen. Laws Chapter
40-6.
1.1.2
Uses for SNAP Benefits
A. SNAP
benefits are designed for use by participants to purchase eligible foods.
"Eligible foods" means:
1. Any food or food
product intended for human consumption except alcoholic beverages, tobacco, and
hot foods and hot food products prepared for immediate consumption;
and
2. Seeds and plants to grow
foods for the personal consumption of eligible households.
3. Meals prepared and delivered by an
authorized meal delivery service to households eligible to use SNAP benefits to
purchase delivered meals, or meals served by an authorized communal dining
facility for the elderly, for Supplemental Security Income (SSI) households or
both, to household eligible to use SNAP benefits for communal dining.
a. Meal delivery services are provided to
eligible household members sixty (60) years of age or over and their spouses,
and household members living with a disability, and their spouses to the extent
that they are unable to adequately prepare all their meals may use all or part
of the SNAP benefits issued to them to purchase meals from a non-profit meal
delivery service which is authorized by Food and Nutrition Service (FNS) as a
retailer or which has a contract with the State agency , such as Meals on
Wheels.
b. Communal dining
facilities include senior citizen centers, apartment buildings occupied
primarily by elderly persons or SSI households, public or private non-profit
establishments (eating or otherwise) that feed elderly persons or SSI
recipients, and federally subsidized housing for the elderly.
(1) It also includes private establishments
which contract with an appropriate State or local agency to offer meals at
concession prices to elderly persons or SSI recipients, and their
spouses.
4.
Meals prepared and served by a drug or alcohol treatment and rehabilitation
center to center participants and their children who live with them;
a. Members of eligible households who are
narcotic addicts or alcoholics, and who regularly participate in a drug or
alcoholic treatment and rehabilitation program, may use all or part of the SNAP
benefits issued to them to purchase meals prepared for them during the course
of such programs by a private non-profit organization or institution or a
publicly operated community mental health center.
5. Meals prepared and served by a group
living arrangement facility to residents who are blind or disabled;
a. "Group living facility" means a public or
private non-profit residential setting serving no more than sixteen (16)
residents which is certified by the Department of Behavioral Healthcare,
Developmental Disabilities and Hospitals (BHDDH), under Regulations issued in
the Social Security Act, 42 U.S.C. §
1382(e).
6. Meals prepared by and served by a shelter
for battered persons and children to its eligible residents;
a. "Shelter for battered persons and
children" means a public or private non-profit residential facility which
serves battered persons and their children.
(1) If such a facility serves other
individuals, a portion of the facility must be set aside on a long-term basis
to serve only battered persons and children.
b. Eligible residents of shelters for
battered persons and children may use all or part of their SNAP benefits to
purchase meals prepared and served by a shelter which is authorized by FNS to
redeem at wholesalers, or which redeems at retailers as the authorized
representative of participating households.
7. In the case of homeless SNAP households,
meals prepared for and served by an authorized public or private nonprofit
establishment (e.g., soup kitchen, temporary shelter), approved by Department
of Human Services (DHS) , that feeds homeless persons; and
8. In the case of homeless SNAP households,
meals prepared by a restaurant which contracts with DHS to serve meals to
homeless persons at concessional (low or reduced) prices.
9. Eligible household members sixty (60)
years of age or over, or who receive supplemental security income benefits or
disability or blindness payments under Title I, II, X, XIV, or XVI of the
Social Security Act, 42 U.S.C. Chapter 7, and their spouses may use all or any
part of the SNAP benefits issued to them to purchase meals prepared by a
restaurant which contracts with the DHS to offer meals for such persons at
concessional (low or reduced) prices.
B. Another person may be designated by the
household to purchase the food.
1. Households
are not required to have cooking facilities or access to cooking facilities to
participate in the program.
1.1.3
Non-Discrimination
A. The agency is committed to the impartial
and equitable treatment of all individuals in the administration of the
Supplemental Nutrition Assistance Program. The non-discrimination statement of
the Supplemental Nutrition Assistance Program is:
1. In accordance with Federal civil rights
law and U.S. Department of Agriculture (USDA) civil rights Regulations and
policies, the USDA, its Agencies, offices, and employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, sex, including gender
identity and sexual orientation, religious creed, disability, age, political
beliefs, or reprisal or retaliation for prior civil rights activity in any
program or activity conducted or funded by USDA.
2. Persons with disabilities who require
alternative means of communication for program information (e.g., Braille,
large print, audiotape, American Sign Language, etc.), should contact the
Agency (State or local) where they applied for benefits .
3. Individuals who are deaf, hard of hearing
or have speech disabilities may contact USDA through the Federal Relay Service
at (800) 877-8339. Additionally, program information may be made available in
languages other than English.
4. To
file a program complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, (AD-3027) found online at:
http://www.ascr.usda.gov/complaint_filing_cust.html,
and at any USDA office, or write a letter addressed to USDA and provide in the
letter all of the information requested in the form.
5. To request a copy of the complaint form,
call (866) 632-9992. Submit your completed form or letter to USDA by:
a. Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW
Washington, D.C. 20250-9410; or
b.
Fax: (202) 690-7442; or
c. Email:
OAC@usda.gov.
6. USDA is
an equal opportunity provider.
B. Discrimination Complaint Process
1. Individuals who believe that they have
been subject to discrimination may file a complaint with the Secretary of
Agriculture or the Administrator of FNS, Washington, DC 20250, and/or with the
Director of the DHS or her designee.
a. A
complaint must be filed no later than one hundred eighty (180) days from the
date of the alleged discrimination.
(1)
However, the time for filing may be extended by the Secretary.
b. The agency must accept all
complaints of discrimination, written or verbal, and if requested to do so,
forward them promptly to the Secretary or the Administrator of FNS;
(1) Otherwise, civil rights complaints should
be forwarded to the Community Relations Liaison Office at 25 Howard Avenue,
Bldg. 57, Cranston, R.I. 02920.
2. Written complaints are accepted by the
Secretary of Agriculture or the Administrator of FNS or the Director of
DHS.
3. Any person who believes
that they have been subject to discrimination may also file a complaint with
the Director of DHS or her designee, in addition to, or in place of, the one
filed with the Secretary of Agriculture or the Administrator of FNS.
1.1.4
Complaints
Not Relating to Discrimination
A. A
complaint is any oral or written expression of dissatisfaction made to staff,
either in the field or to Central Office personnel or department officials, by
a member of the community questioning such issues as delays in processing or
general services to participants.
1. Such
complaints may be filed by participants, potential participants or other
concerned individuals or groups.
a. They do
not include complaints alleging discrimination on the basis of race, gender,
age, religion, creed, national origin, political beliefs or
disabilities.
b. Nor do these
complaints include ones pursued through the fair hearing process or complaints
that can be immediately resolved, or resolved by the close of the next business
day.
2. Inquiries are not
considered complaints.
a. An inquiry is when
an applicant or recipient seeks the answer to a question such as where I can
receive an application, when will I receive my benefits , when will my
application be approved, etc.
3. Whenever a complaint is received by staff
and cannot be immediately resolved or resolved by the close of the next
business day, a Complaint Form must be filled out by the person receiving said
complaint.
4. The agency must
follow up on all complaints, resolve complaints, take corrective action where
warranted, and respond to the complainant on the disposition of the
complaint.
1.1.5
Equal Access to Justice
A. The purpose of R.I. Gen. Laws §
42-92-1 is to provide equal access to justice for small businesses and
individuals.
1. The Rules and Regulations of
this law govern the application and award of reasonable litigation expenses to
qualified parties in fair hearing and Administrative Disqualification Hearing
proceedings conducted by the DHS for the Supplemental Nutrition Assistance
Program.
2. Individuals should be
encouraged to contest unjust administrative actions in order to further the
public interest, and toward that end, such parties should be entitled to State
reimbursement of reasonable litigation expenses when they prevail in contesting
an agency action which is, in fact, unfair and unjust according to the statute
cited above.
1.1.6
Personnel Standards
A. Agency personnel used in the certification
process are employed in accordance with the current standards for the merit
system of personnel administration. Agency employees meeting the above
requirements perform the interviews required in § 1.3.4 of this Part.
1. Volunteers and other non-agency employees
cannot conduct certification interviews or certify SNAP applicants.
2. Individuals and organizations who are
parties to a strike or lockout and their facilities may not be used in the
certification process except as a source of verification of information
supplied by an applicant .
3. Only
authorized employees of the DHS involved in the administration of the
Supplemental Nutrition Assistance Program are allowed to issue Electronic
Benefit Transfer (EBT) cards and Personal Identification Numbers
(PIN).
1.1.7
Disclosure of Information
A. The
agency must restrict the use or disclosure of information obtained from SNAP
applicant households to the following persons:
1. Persons directly connected with the
administration or enforcement of the Food and Nutrition Act of 2008 (as amended
through Pub. Law 116-94) or Regulations, other Federal assistance programs,
federally-assisted State programs providing assistance on a means-tested basis
to low-income individuals, or general assistance programs which are subject to
the joint processing requirements described in § 1.3.2(B) of this
Part;
2. Persons directly connected
with the administration or enforcement of the programs which are required to
participate in the Income and Eligibility Verification System (IEVS) to the
extent the SNAP information is useful in establishing or verifying eligibility
or benefit amounts under those programs;
3. Persons directly connected with the
verification of immigration status of non-citizens applying for SNAP benefits ,
through the Systematic Alien Verification for Entitlements (SAVE) program, to
the extent the information is necessary to identify the individual for
verification purposes;
4. Persons
directly connected with the administration of the Child Support Enforcement
program under the Social Security Act, Title IV, Part D, 42 U.S.C. §
651,
in order to assist in the administration of that program, and employees of the
Secretary of Health and Human Services as necessary to assist in establishing
or verifying eligibility or benefits under Titles II and XVI of the Social
Security Act, 42 U.S.C. Chapter 7;
5. Employees of the Comptroller General's
Office of the United States for audit examination authorized by any other
provision of law; and
6. Local,
State , or Federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act
of 2008 (as amended through Pub. Law 116-94), or its Regulations.
a. The written request must include the
identity of the individual requesting the information, their authority to do
so, the violation being investigated and the identity of the person on whom the
information is requested.
b.
Notwithstanding any other provision of law, the address, Social Security
Number, and if available, any photograph of any member of any household shall
be made available, upon written request, to any Federal, State , or local law
enforcement officer if the officer furnishes the State agency with the name of
the member and notifies the agency that:
(1)
The member is fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime (or an attempt to commit a crime) that is a felony
under the law of the place from which the individual is fleeing or which, in
the case of New Jersey, is a high misdemeanor under the State of New Jersey; or
violating a condition of probation or parole imposed under a Federal or State
law; or
(2) The member has
information that is necessary for the officer to conduct an official duty
related the above;
(3) Locating or
apprehending the member is an official duty; and
(4) The request is being made in the proper
exercise of an official duty.
B. Recipients of information released under
this Section must adequately protect the information against unauthorized
disclosure to persons or for purposes not specified in this Section. In
addition, information received through the IEVS must be protected from
unauthorized disclosure as required by Regulations established by the
information provider. Information released to the agency pursuant to the
Internal Revenue Code of 1954, 26 U.S.C. §
6103(a), is subject to the
safeguards established by the Secretary of the Treasury in 26 U.S.C. §
6103 and implemented by the Internal Revenue Service in its publication, Tax
Information and Security Guidelines.
1.1.8
The Household's Access to its
Case Record
A. If there is a written
request by a responsible member of the household, its currently authorized
representative, or a person acting in its behalf to review materials contained
in its case record, the material and information contained in the case record
pertaining to SNAP benefits are made available for inspection during normal
business hours. However, the agency must withhold confidential information,
such as the names of individuals who have disclosed information about the
household without the household's knowledge, or the nature or status of pending
criminal prosecutions.
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