The Food Stamp Act of 1977 authorizes the Food Stamp Program. Section 2 of the act states in part:

"It is hereby declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households. Congress hereby finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increasing utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a food stamp program is herein authorized which permits low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation."

To summarize: The Food Stamp Program is designed to increase the limited food purchasing power of low-income households and thus alleviate hunger and malnutrition.

Participating households may use their food stamp benefits at retail stores authorized by the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS), to accept food stamp benefits.

A household may purchase only eligible foods with food stamp benefits. Eligible foods include plants and seeds that the household may use to grow food. Ineligible items which cannot be purchased with food stamps include alcoholic beverages, household products, tobacco, pet foods, and other non-food items. At grocery stores with delicatessens, the household may use food stamp benefits to purchase foods that have not been heated above room temperature and are to be eaten away from the store.

Example: Food stamp benefits could be used to purchase sliced cold cuts at the delicatessen, but could not be used to purchase a barbecued chicken cooked by the delicatessen and kept under warming lamps.

Residents of drug and alcoholic treatment centers, group living arrangements, and shelters for battered women/children who are certified to participate in the Food Stamp Program may use their food stamp benefits to purchase meals prepared especially for them. Limitations are: 1) the facility must be authorized by FNS or the appropriate state agency; and 2) the meals must be prepared by the facility during the course of the facility's normal program - i.e. a person in a drug treatment program must be residing at the facility and undergoing the treatment program. Exception - Residents of group living arrangements and/or shelters for battered women need not be involved in a formal treatment program. See [FSC 1800]-1842.

Homeless households may use their food stamp benefits, on a voluntary basis, to purchase meals from authorized meal providers. See [FSC 1850]-1852.

Certain households may use their food stamp benefits to purchase prepared meals at a communal dining facility or to purchase meals delivered to them at home by a nonprofit meal delivery service.

A communal dining facility means:

1. A public or nonprofit private establishment, approved by the Food and Nutrition Service (FNS), that prepares and serves meals to households composed of elderly persons and their spouses, or households composed of SSI recipients and their spouses, or both;
2. A public or private nonprofit establishment (eating or otherwise) that feeds households composed of elderly persons and their spouses, or SSI recipients and their spouses or both;
3. Federally subsidized housing for the elderly where meals are prepared and served to the residents; or
4. Private establishments that contract with the Arkansas Department of Human Services to offer meals at concessional prices to households composed of elderly persons and their spouses, or of SSI recipients and their spouses, or both. (The contract must specify the approximate prices to be charged for the meals.)

All meal delivery services and communal dining facilities desiring to prepare and serve (or deliver) meals to eligible households must be approved by FNS to accept food stamp benefits.

Households composed of homeless individuals may purchase meals from restaurants that contract with the Arkansas Department of Human Services to supply meals to the homeless at an already low or reduced price. These restaurants must also be approved by FNS to accept food stamp benefits.

Restaurants that intend to accept food stamp benefits from all groups of households (elderly, SSI and the homeless) must either submit a separate contract pertaining only to the homeless or must submit one contract that clearly identifies each group to be served.

Restaurants interested in contracting with the Arkansas Department of Human Services to furnish meals to specified food stamp benefit recipients should contact the Central Office, Food Stamp Section, (501) 682-8284.

U.S.D.A., Food and Nutrition Service and the Division of County Operations (DCO) have jointly entered into a Plan of Operation of the Food Stamp Program in Arkansas and have prescribed policies and procedures, and rules and regulations as set forth in this manual for the administration of this program.

DCO responsibilities include but are not limited to:

1. Insuring that county offices administer the program in a manner that guarantees prompt action, nondiscrimination, and accurate completion of the certification process.
2. Establishing the policies and procedures under which the Food Stamp Program is administered.
3. Establishing procedures to best serve households in the State including households with elderly or disabled members, households in rural areas, homeless households, households with limited English skills, and working households.
4. Issuing food stamp benefits to eligible households. Benefits are issued via an Electronic Benefits Transfer (EBT) system.
5. Maintaining issuance control and submitting accurate and timely financial and program reports.
6. Providing qualified employees to conduct interviews and to determine initial and ongoing eligibility for the program. NOTE: Only DCO employees may conduct interviews with food stamp benefit applicants and/or recipients unless the applicant is interviewed as part of a joint SSI/Food Stamp application as specified in [FSC 8240].
7. Developing, conducting, and evaluating training of certification and issuance personnel.
8. Maintaining a Performance Reporting System (Quality Assurance and Management Evaluation) in accordance with federal regulations.
9. Making program records available for review or audit by U.S.D.A., FNS (Office of Audit and Office of Investigation) for a period of three years from the month of origin of each record.
10. Handling recipient claims and restorations of lost benefits in accordance with federal regulations.
11. Disqualifying individuals and households from participation in accordance with federal regulations.
12. Developing and maintaining complaint procedures.
13. Administering disaster certification programs only when authorized by the Department of Agriculture, Food and Nutrition Service.
14. Developing and implementing program information activities.
15. Serving as a voter registration agency. See the Voter Registration Appendix.

Program informational activities are intended to explain the Food Stamp Program to applicant and recipient households. Such information may be conveyed by means of publications, telephone hotlines, and face to face contacts.

County offices must comply with the following minimum program informational activity requirements:

1. Providing food stamp application forms and a copy of the pamphlet How to Apply for and Use Food Stamp Benefits to anyone who expresses an interest in the Food Stamp Program or who expresses concerns that indicate food insecurity.
2. Explaining the local office procedures for scheduling interviews to anyone interested in submitting an application.
3. Informing each applicant and recipient household of their rights and responsibilities during the interview process and providing written information on forms and notices. See [FSC 8250] for additional information.
4. Displaying the required FNS posters in waiting areas for food stamp applicants and recipients.

Each DHS county office must make application forms readily accessible to potentially eligible households.  Application forms will be provided to individuals.  Applications will also be provided to other agencies and/or organizations that wish to maintain a supply of the forms for outreach purposes.  Agency informational pamphlets such as, but not limited to, "How to Apply For and Use Food Stamp Benefits" will also be supplied to individuals, other agencies and/or organizations upon request.

DCO employees who interview and certify households for food stamp benefits must meet agency standards or any standards later specified by the Federal Office of Personnel Management. Only authorized personnel may have access to issuance documents.

Volunteers and/or other non-state agency employees (with the exception of SSA employees who conduct joint interviews as specified in [FSC 8940] are not allowed to interview or to certify food stamp benefit applicants. However, they may be used in related activities such as prescreening, assisting applicants in completing the application, and assisting applicants in securing verification.

Exception - Individuals and organizations who are parties to a strike or lockout cannot be used in the certification process except as a source of verification for information supplied by the applicant.

Bilingual staff or interpreters and bilingual certification materials (i.e. applications, change form, QR form and notices) must be provided when a county has a specified number of low income households which speak the same non-English language and which do not contain an adult fluent in English as a second language. Such households are considered a single language minority.

A seasonal influx of non-English speaking households will require the use of bilingual staff or interpreters if at least 100 non-English speaking households apply. Bilingual staff or interpreters may be requested for less than 100 applicants if the majority of these households are of a single language minority.

The Central Office will make estimates of the number of households of a single language minority in each county by using census figures and other appropriate sources of information.

Continuing training will be provided for food stamp eligibility workers, hearing officials and performance reporting system reviewers. Training will occur following issuances of new policy when the policy issuance is extensive and/or entails a major change. In addition, training may occur on an individual, countywide, area wide or statewide basis when problem areas are identified through the monitoring process, reviews or when otherwise deemed necessary.

Training will also be provided to State Agency outreach workers, including hotline operators who prescreen or provide other food stamp services to applicants or the public. This training need not be as comprehensive as that for certification personnel. It will, however, be in sufficient detail and held frequently enough to ensure that the public has access to accurate information about the Food Stamp Program and that any prescreening conducted is accurate.

Individuals who are not state employees but are knowledgeable of program eligibility rules and certification procedures and are actively involved in work or volunteer activity related to food stamp certification rules will also receive appropriate training.

Public attendance at formal certification training sessions conducted on a statewide or regional basis is permitted. Public attendance at such sessions will be limited to five percent of the total attendance or five training slots, whichever number is smaller. Provisions for public attendance need not be provided at training sessions for fewer than twenty people. The role of public participants at training sessions may be limited to observation only.

FNS will review the effectiveness of the training program based on information from the performance reporting system and other sources.

At least annually, the hours of operation of county food stamp offices will be reviewed to ensure that the needs of food stamp recipients who work are adequately met. Based on the results of the review, it may be necessary to change the hours that county food stamp offices are open in order to meet the needs of such recipients.

The Food Stamp Certification Manual is provided as a general guide to the policies governing the Food Stamp Program. Because each case situation differs slightly, the county office worker is expected to use "good judgement" in applying these policies. While "good judgement" is impossible to define exactly, this section will provide some information about how this Agency expects a worker to meet his responsibilities in providing prompt, accurate services to all food stamp applicants and recipients on a non-discriminatory basis.

Since most households applying for food stamps have limited income and resources, the worker is expected to consider the effect of his decisions upon individual households. For example, a worker knows that a household is in dire circumstances but that household does not meet the criteria for expedited services. While [FSC 8501] states that household must be provided an opportunity to participate no later than 30 days following the date of application, a worker using "good judgement" would take all the actions required to certify that household as quickly as possible. This may mean making extra telephone calls to obtain required verification or prioritizing work to complete the required paperwork.

The worker is also expected to make a conscious effort to base a decision upon his general knowledge as well as his knowledge of the Food Stamp Program. For example, a household reports that the economic head of the household has quit his most recent employment. [FSC 3600] calls for sanctions to be applied when the economic head of household quits a job without good cause. The worker has general knowledge that the job site at which the household member was employed is hazardous. The worker would base any decision about good cause on his general knowledge as well as the statements provided by the employer and the household.

When the worker cannot reach a decision about a case action based upon the policy and his general knowledge, he will consult his supervisor. If the supervisor is not able to reach a decision based upon his general knowledge of the program, a policy interpretation will be sought through the county's established chain of command.

Each worker has specific responsibilities while working in the Food Stamp Program and is held accountable for carrying out these responsibilities in a timely, accurate, courteous, and non-discriminatory manner. Each responsibility is discussed below.

The Food Stamp Certification Manual may be accessed through DHS Gold.  Also, at least on paper manual should be maintained in each county office.  New policy should be added to the paper manual as issued.  The old policy should be deleted at the same time. Instructions for adding and deleting policy are provided with each policy issuance. A Table of Contents listing current manual material is provided once per year.  A "List of Forms" is also provided in Appendix A of the Food Stamp Certification Manual.

The worker will use the Food Stamp Certification (FSC) Manual to determine the correct policy, procedures and timeliness standards applicable to the case action being completed. Tables of Contents, page headers and a topical index are provided to assist the worker in finding the correct information.  The worker may also access the Food Stamp Certification Manual at DHS GOLD by clicking on "ANSWER Online Policy."

When a specific situation is not addressed in the FSC Manual or the DCO, the worker is responsible for making a reasonable decision based upon his general knowledge of the Food Stamp Program or for obtaining a policy interpretation through the county's established chain of command. All such situations must be documented in accordance with the provisions in [FSC 314].

The county office worker must conduct all interviews in accordance with the standards specified in [FSC 8200]-8270. 

All interviews are to be conducted in a non-discriminatory, courteous manner and in an environment which protects the privacy of the household to the greatest extent possible. No worker will discuss information gained through an interview with non-agency personnel except as specified in [FSC 530].

Fiscal closure means that all obligations for or against the federal government have been liquidated - e.g., the client has received the restoration or the overpayment has been paid in full. Administrative closure occurs upon determination by the Overpayment Unit that no further actions to liquidate the claim is appropriate. See [FSC 15534].

Section 430  Deleted effective 06-01-05

The public will have access to all policy such as the certification manual and federal regulations. Access to information in case files, on other documents and computer printouts containing social security numbers and names of food stamp recipients will be restricted as specified in [FSC 530] below.

At least one Food Stamp Certification Manual will be available in each county for public review during regular working hours.

Federal regulations, Food and Nutrition Service (FNS) notices and policy memos are available, upon request, for public review at the Central Office during regular working hours. State Plans of Operation, including specific planning documents, such as the Corrective Action Plan, are also available for review upon request. Requests should be directed to the Manager, Food Stamp Program, Donaghey Plaza South, 7th and Main Street, P. O. Box 1437, Slot S335, Little Rock, Arkansas 72203-1437.

Brochures or pamphlets describing basic eligibility criteria, the application process, and participant rights and responsibilities are available through the warehouse. These pamphlets will be distributed to the public through DHS County Offices and will be available for distribution at local ESD and Social Security Offices. Those offices will be contacted to enlist their cooperation in distributing the written information.

The use or disclosure of information obtained from food stamp households specifically for the Food Stamp Program is restricted to:

1. Persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act or regulations, other Federal assistance programs, or federally-assisted state programs which provide assistance on a means-tested basis to low income individuals;
2. Persons directly connected with the administration of the Child Support Program under Part D, Title IV of the Social Security Act in order to assist in the administration of that program;
3. Employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Title II and XVI of the Social Security Act;
4. Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law; and
5. Local, state or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act or regulations; and
6. Federal, State or local law enforcement officers who are attempting to apprehend a fleeing felon.
   
   Any written request from a law enforcement official must include the identity of the individual requesting the information, his or her authority to do so, the violation being investigated and the name of the person about whom the information is requested. (Other identifying information such as social security number and/or date of birth must be provided if available.) A federal, state or local law enforcement officer (including parole officers) may notify a Department of Health & Human Services (DHHS) employee that a food stamp recipient is fleeing to avoid prosecution, custody, or confinement for a felony, is violating a condition of parole or probation, or that the applicant/recipient has information necessary for the officer to conduct an official duty related to a felony or parole violation. If so, DHHS will provide, upon request, to the law enforcement officer the recipient's address, social security number, and (if available) photograph.
   
   For Requests Made in Person - If the law enforcement officer making the request is not known to the DHHS County Office, identification will be requested before this information is released. The identification should prove that the person is currently serving as a law enforcement officer. The term law enforcement officer includes probation and parole officers.
   
   For Requests Made by Telephone - Telephone inquiries will be honored only if the DHHS County Office employee is sure of the identity of the person making the request. Otherwise, the law enforcement officer will be asked to come into the DHHS County Office and present acceptable identification.
   
   Fleeing felons and probation/parole violators are ineligible to participate in the Food Stamp Program while they are fleeing or in violation. See FSC 1622.10.
   
    

NOTE: The procedures for handling discrimination complaints are explained in FSC 700 - 722.

Any household has the right to complain about the service that it receives from the Department of Health & Human Services (DHHS). When a household believes that its participation in the Food Stamp Program has been adversely affected, it may:
• Complain directly to the DHHS County Office; or
• Complain to the Central Office Client Assistance Unit; or
• Request an administrative hearing; or
• Select some other method of making a complaint.

No matter how the household elects to make a complaint, the complaint must be resolved and the household must be notified of the disposition of the complaint.

1. Complaints Submitted to the County DHHS Office

When a household complains directly to the county office, county office personnel will assess the complaint. If it is possible for the county office to resolve the complaint, no additional action is required. If the county is unable to resolve the household's complaint, the household will be advised of its rights to contact the Client Assistance Unit or to request a fair hearing.

2. Complaints Submitted to the Customer Assistance Unit

A household may contact the central office Customer Assistance Unit by telephone or in writing to make a complaint. The address is:

Customer Assistance Unit
Division of County Operations
P. O. Box 1437, Slot S340
Little Rock, AR 72203

The telephone numbers are:

Toll-Free 1-800-482-8988
Pulaski County – 682-8233
TDD 682-8820

The address and phone number of the Customer Assistance Unit must, at a minimum, be posted in each waiting area in the DHHS County Office. In Pulaski County offices, the local Client Assistance number must be posted.

When Customer Assistance receives a complaint, the Customer Assistance worker will complete a DHHS-10, Complaint Report. The form will be routed according to its instructions.

3. Administrative Hearing Requests

A household or its representative may request an administrative hearing by making any clear expression, oral or written, that it wishes to appeal a decision or to present its case to a higher authority. Full instructions for requesting a hearing may be found in FSC 16300-16400.

4. Other Methods of Making a Complaint

Some households choose to direct their complaints to public officials or to central office personnel other than the Customer Assistance Unit. When a central office unit other than the Customer Assistance Unit receives a complaint, a DHHS-10 must be completed by the individual receiving the complaint. Civil Rights complaints will be routed to the DHHS EEO Manager. See FSC 722 for the address. Other complaints will be routed according to form instructions. When public officials request information regarding a complaint, such requests must be honored. See FSC 510 for the policy on disclosure of information from a case record before answering such requests.

01/01/07

 Telephone – Voice and TDD:  202-720-5964  

Discrimination complaints must normally be filed no later than 180 days from the date of the alleged discrimination.  An extension of this time period may be requested in writing.  The request must contain a reason for the delay.

Racial/Ethnic data is reported to FNS via the report, FNS-101, which is based upon participation in the food stamp program during July of each year.  The FNS-101 is prepared automatically.