Or. Admin. R. 461-115-0145

Current through Register Vol. 63, No. 8, August 1, 2024

Section 461-115-0145 - Responsibilities of a Center, Facility, or Group Living Arrangement Acting as Authorized Representative; SNAP

(1) In the SNAP program it it is the responsibility of the center, facility, or group living arrangement (see OAR 461-001-0015) acting as an authorized representative under OAR 461-135-0510 and OAR 461-115-0090 to:

(a) Use SNAP benefits for food prepared and served to those residents participating in SNAP.

(b) Be knowledgeable about the resident's circumstances and carefully review those circumstances prior to:

(A) Applying on the resident's behalf, or

(B) Assuming responsibility as authorized representative on an existing case.

(c) Report required changes in accordance with each resident's assigned reporting system.

(d) Use no more than half of the resident's monthly SNAP allotment prior to the 16th day of the month.

(e) Use only benefits posted to the card after the time the resident was admitted to the center, facility or group living arrangement.

(f) Report monthly to the Department a list of currently participating residents that includes a statement signed by a responsible official attesting to the validity of the list.

(g) When a resident leaves the center, facility or group living arrangement:

(A) Discontinue acting as the resident's authorized representative, including participating in the certification process, immediately.

(B) Notify the Department of the resident's departure.

(C) When possible, provide the resident with a change report to update mailing address and other circumstances and advise the resident to return the form to the Department within 10 days.

(D) Provide the resident with the EBT card linked to their SNAP case or return the card to the Department by the end of the month of the resident's departure.

(E) Discontinue using and accessing benefits immediately.

(F) Return half of the resident's monthly SNAP allotment if the resident departs before the 16th day of the month and less than half of their monthly allotment is remaining. If necessary, benefits are refunded with the assistance of the Department.

(2) A center, facility, or group living arrangement acting as the authorized representative for a resident is responsible for any misrepresentation or intentional program violation which it knowingly commits. The center, facility, or group living arrangement shall be strictly liable for all losses or misuse of SNAP benefits held on behalf of the resident and for all overpayments that occur in accordance with OAR 461-195-0541.

(3) A center or facility authorized by the Food and Nutrition Service as a retail food store may be penalized or disqualified if it is determined the facility misappropriated or used benefits for a purchase that does not contribute to a meal of a certified filing group (see OAR 461-110-0370).

Or. Admin. R. 461-115-0145

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 25-2019, amend filed 12/24/2019, effective 1/1/2020

Statutory/Other Authority: ORS 411.816

Statutes/Other Implemented: ORS 411.816, 7 CFR 273.1, 273.2, 273.11 & 273.13