Notice2024-16592
Submission for OMB Review; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2024
Issuing agencies
Agriculture Department
Full Text
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<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60855-60856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16592]
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Federal Register / Vol. 89, No. 145 / Monday, July 29, 2024 /
Notices
[[Page 60855]]
DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
The Department of Agriculture has submitted the following
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments
are requested regarding; whether the collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; the
accuracy of the agency's estimate of burden including the validity of
the methodology and assumptions used; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Comments regarding this information collection received by August
28, 2024 will be considered. Written comments and recommendations for
the proposed information collection should be submitted within 30 days
of the publication of this notice on the following website
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function. An agency may not
conduct or sponsor a collection of information unless the collection of
information displays a currently valid OMB control number and the
agency informs potential persons who are to respond to the collection
of information that such persons are not required to respond to the
collection of information unless it displays a currently valid OMB
control number.
Food and Nutrition Service
Title: Supplemental Nutrition Assistance Program Repayment Demand
and Program Disqualification.
OMB Control Number: 0584-0492.
Summary of Collection: This information collection request is
associated with initiating collection actions against households who
received an over issuance in the Supplemental Nutrition Assistance
Program (SNAP), issuing notifications to SNAP households regarding
processes related to intentional program violations (IPV), and using
disqualified recipient data to ascertain the correct penalty for IPVs,
based on prior disqualifications.
Section 13(b) of the Food and Nutrition Act of 2008, as amended (7
U.S.C. 2022(b)), and SNAP regulations at 7 CFR 273.18(a)(2) require
State agencies to initiate collection action against households that
have been overissued benefits. To initiate collection action, State
agencies must provide the affected household with written notification
informing the household of the claim and demanding repayment. This
process is automated in most State agencies.
SNAP regulations at 7 CFR 273.16(a)(1) require State agencies to
investigate any case of suspected fraud and, where applicable, make an
IPV determination either administratively or judicially. This activity
is vital to protect and enhance the integrity of SNAP.
SNAP regulations at 7 CFR 273.16(i)(4) require State agencies to
use disqualified recipient data to ascertain the correct penalty for
IPVs, based on prior disqualifications.
Electronic Disqualified Recipient System (eDRS) for Accessing,
Reviewing, and Updating Disqualified Recipient Data--SNAP regulations
at 7 CFR 273.16(i)(4) require State agencies to use disqualified
recipient data to ascertain the correct penalty for IPVs, based on
prior disqualifications. State agencies determine this by accessing and
reviewing records located in the Electronic Disqualified Recipient
System (eDRS). eDRS is an automated system developed by the Food and
Nutrition Service (FNS) that contains records of disqualifications in
every State. State agencies are also responsible for updating the
system, as required at 273.16(i)(2)(i), which includes reporting
disqualifications in eDRS as they occur and updating eDRS when records
are no longer accurate, relevant, or complete.
Retention of records. Each State agency shall retain all Program
records in an orderly fashion for audit and review purposes for no less
than 3 years from the month of origin of each record. In addition:
Case records relating to intentional Program violation
disqualifications and related notices to the household shall be
retained indefinitely until the State agency obtains reliable
information that the record subject has died or until FNS advises via
the disqualified recipient database system edit report that all records
associated with a particular individual, including the disqualified
recipient database record, may be permanently removed from the database
because of the individual's 80th birthday.
Disqualification records submitted to the disqualified recipient
database must be purged by the State agency that submitted them when
the supporting documents are no longer accurate, relevant, or complete.
The State agency shall follow a prescribed records management program
to meet this requirement. Information about this program shall be
available for FNS review.
Need and Use of the Information: Initiating Collection Action--The
notification must conform to the requirements of 7 CFR 273.18(e)(3)(iv)
to include the data The amount of the claim, the intent to collect from
all adult household members, the type of and reason for the claim, the
time period associated with the claim, how the claim was calculated, a
listing of payment procedures and applicable options, a listing of
appeal and due process rights, and listing of actions that may be taken
if the claim is not timely paid.
Intentional Program Violations (IPV)--A State agency may determine
an IPV by the individual accepting the penalty by signing a waiver of
right to an administrative disqualification hearing (ADH), the
individual signing a disqualification consent agreement in cases of
deferred adjudication, or an administrative hearing official or a court
of appropriate jurisdiction determining that the individual committed
the IPV.
SNAP regulations at 7 CFR 273.16(e)(3) require that State agencies
provide written notification of an
[[Page 60856]]
impending ADH to the individual suspected of committing an IPV. The
notification contains an explanation of the charge against the
individual, the potential penalties, and a listing of the rights and
options afforded to the individual. A similar notification is sent to
individuals who are being prosecuted through the court.
In some State agencies, one of the options available to the
individual under 7 CFR 273.16(f)(2) is the ability for the individual
to waive the right to an ADH and accept the disqualification penalty.
The disqualification waiver may be included in the advance notification
or provided as a separate attachment for the individual to sign and
submit to avoid having the ADH. Similarly, under 7 CFR 273.16(h)(2),
State agencies may establish procedures to provide the accused
individual with the option to consent to a Program disqualification to
avoid criminal prosecution.
Once a determination is made regarding an IPV, the State agency
must send notification to the affected individual of the action taken
on the ADH or court decision, as required at 7 CFR 273.16(e)(9). This
includes notifying the person that he/she will be disqualified and when
the disqualification will become effective. One of the factors used by
a State agency to determine the appropriate disqualification penalty to
assign to an individual is whether or not the individual was found to
have committed any prior IPVs. The way that State agencies determine
this is by accessing and checking eDRS. eDRS is an automated system
developed by FNS that contains records of disqualifications in every
State. Per 7 CFR 273.16(i)(4) State agencies are responsible for
checking eDRS to determine the appropriate length of each
disqualification.
7 CFR 273.16(i)(2)(i) requires State agencies to update the eDRS
system, which includes reporting disqualifications as they occur and
removing records which are no longer accurate, relevant, or complete.
States have a choice between using a batch process for correcting and
resubmitting data or submitting data directly through the eDRS website.
Data entry errors are identified at the point of entry and corrections
can be made immediately.
Description of Respondents: State Agencies and Individuals.
Number of Respondents: 486,769.
Frequency of Responses: Recordkeeping; Reporting: Occasionally;
Annually.
Total Burden Hours: 99,786.9643.
Rachelle Ragland-Greene,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-16592 Filed 7-26-24; 8:45 am]
BILLING CODE 3410-30-P
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