Section 475-5-004 - ELECTRONIC BENEFIT TRANSFER BENEFIT ADJUSTMENTSIf a system error occurs when the household is using its Electronic Benefit Transfer card at an authorized retailer, the household's Electronic Benefit Transfer card will be corrected through an adjustment process. These adjustments may occur after the benefit availability date and may result in either a debit or credit to the household.
004.01HOUSEHOLD-INITIATED ADJUSTMENTS. Households have 90 calendar days from the date of the error to initiate a correction request claim. Household-initiated credit adjustments must be adjudicated and processed within 15 calendar days from the date the household reports the error. This timeframe also applies if the Department or entity other than the household discovers a system error that requires a credit adjustment to the household.004.02RETAILER-INITIATED ADJUSTMENTS. Retailers have nine calendar days from the original date of a system error to identify the error. Retailers must submit the correction request to the issuer and request that an adjustment be processed against the cardholder's account. (A) A notice will be sent to the household upon receipt of the notification and data pertaining to the requested adjustment from the Electronic Benefit Transfer Claim Tracking System through the Electronic Benefit Transfer contractor. The household's notice must provide specific detailed information about the error transaction and must advise the household of the right to a fair hearing;(B) No hold will be placed on the account balance for the amount of the adjustment;(C) If the household disputes the requested adjustment and requests a fair hearing within the 15 calendar day timeframe, no further action would be taken to debit the household's account until the fair hearing decision is rendered; (i) If the fair hearing decision is rendered in the household's favor, no further action is needed; or(ii) If the decision is rendered in favor of the State Agency, collection activity will begin immediately against the current account balance. The contractor will reopen the claim and will attempt daily to make the adjustment. No debit adjustment will occur unless the account has sufficient balance to complete the total amount of the adjustment by the end of the next calendar month. Nebraska will not settle partial adjustments; and(D) If the household does not request a fair hearing within 15 calendar days, the system will automatically begin the collection process upon expiration of that time period. If the account does not contain sufficient funds to cover the entire debit adjustment amount, the system will attempt daily to make the adjustment until the end of the next calendar month. No debit adjustment will occur unless the account contains sufficient balance for the total amount of the adjustment. The Department will not settle partial adjustments.475 Neb. Admin. Code, ch. 5, § 004
Amended effective 5/21/2016.Amended effective 7/4/2020Amended effective 9/17/2024