CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Family Support

(Amendment)

 

      921 KAR 2:060. Delegation of power for oaths and affirmations.

 

      RELATES TO: KRS 205.170(1), 42 U.S.C. 601-619

      STATUTORY AUTHORITY: KRS 194A.050(1), 205.170(1), 205.200, 42 U.S.C. 601-619

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the cabinet to promulgate administrative regulations necessary under applicable state laws to protect, develop, and maintain the welfare, personal dignity, integrity, and sufficiency of the citizens of the Commonwealth and to operate the programs and fulfill the responsibilities of the cabinet. KRS 205.200 requires the Cabinet for Health and Family Services to administer the public assistance program in conformity with the Public Assistance Titles of the Social Security Act, its amendments, and other federal acts and regulations, including 42 U.S.C. 601 to 619, and to provide supplemental payments to persons who are aged, blind, or have a disability. This administrative regulation establishes the designation of certain employees by the secretary of the cabinet to administer oaths and affirmations, in conformity with KRS 205.170(1).

 

      Section 1. Specific Worker Designation. The following classifications of employees shall be designated as duly authorized representatives of the Secretary of the Cabinet for Health and Family Services to administer an oath or affirmation to an applicant or recipient:

      (1) Family support specialist III;

      (2) Case management specialist III;

      (3) Program specialist;

      (4) Field services supervisor;

      (5) Service region administrator associate; and

      (6) Service region administrator.

 

      Section 2. Purpose. An oath or affirmation shall be administered by a designated representative to an applicant or recipient to:

      (1) Obtain a sworn statement regarding a claim that a check issued through a cabinet program has been:

      (a) Lost;

      (b) Misplaced; or

      (c) Stolen;

      (2) Request a replacement check; or

      (3) View a check endorsement.

 

      Section 3. Process. (1) A PAFS-60, Affidavit, shall be used if:

      (a) A check is reported lost or stolen to request a replacement check within twelve (12) months of intended receipt; or

      (b) A check endorsement is viewed.

      (2) If the payee reports non-receipt[nonreceipt], loss, or theft of a check, the payee shall come into the office to complete a PAFS-60 within four (4) work days of reporting non-receipt[nonreceipt] of the check in effort to place a stop payment on the check.

      (3) If the original check has been cashed, a photocopy of the cashed check shall be forwarded to the local office.

      (a) The payee shall view the endorsement; and

      (b) If the signature is not that of the payee, the payee shall sign the PAFS-60 stating the:

      1. Signature on the photocopy is not the payee’s signature; and

      2. Payee received no benefit from the cashing of the check.

 

      Section 4. Incorporation by Reference. (1) The "PAFS-60, Affidavit", 9/14[edition 3/13], is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

TERESA C. JAMES, LCSW, Commissioner

AUDREY TAYSE HAYNES, Secretary

      APPROVED BY AGENCY: May 7, 2014

      FILED WITH LRC: May 8, 2014 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on June 23, 2014, at 9:00 a.m. in the Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by June 14, 2014, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until June 30, 2014. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone 502-564-7905, fax 502-564-7573, tricia.orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Agency Contact: Elizabeth Caywood

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the designation of certain employees by the secretary of the cabinet to administer oaths and affirmations, in conformity with KRS 205.170(1).

      (b) The necessity of this administrative regulation: This administrative regulation is needed to establish the designation of specific employees to administer an oath or affirmation in the event a cash benefit check is lost or stolen.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes through its designation of specific employees to administer oaths and affirmations for a lost or stolen cash benefit check.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration or the statues by designating specific employees to administer oaths and affirmations when a cash benefit check is reported stolen or lost.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation will update the nondiscrimination statement on form PAFS-60, Affidavit, to meet the requirements established by the U.S. Department of Agriculture, Food and Nutrition Service (FNS), the federal administrating agency for the Supplemental Nutrition Assistance Program (SNAP) (a.k.a., Food Stamps). The form is used in multiple public assistance programs, including the SNAP Employment and Training Program. The amendment also makes technical corrections in accordance with KRS Chapter 13A.

      (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary to ensure the non-discrimination statement included on incorporated material conforms to federal requirements. FNS revised the nondiscrimination statement in 2013. If the incorporated material does not conform, the state risks corrective action up to and including federal penalties and sanctions.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the authorizing statutes through its congruency with federal requirements.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment to this administrative regulation will assist in the effective administration of the statutes by assuring compliance with federal requirements and affording public assistance recipients with adequate notice of their rights regarding nondiscrimination.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect families who are receiving cash assistance from the Kentucky Transitional Assistance Program (K-TAP), Kinship Care, Family Alternative Diversion (FAD), Work Incentive (WIN), Kentucky Works Program (KWP) supportive services, State Supplementation, and SNAP Employment and Training Program (E&T). In December 2013, there were 23,290 K-TAP families, 6,200 Kinship Care families, 36 FAD families, 938 WIN recipients, 6,212 transportation payment recipients, 62 supportive services fee payments, 145 other supportive services payments, and 3,034 State Supplementation recipients. At this time, there are no individuals participating in SNAP E&T.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The regulated entities will have no new actions to take to comply with the amendment to this administrative regulation.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The amendment to this administrative regulation will not impose a new cost or burden to the entities identified in question (3).

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): As a result of this amendment, regulated entities will have their rights to nondiscrimination and methods to report suspected discrimination clearly outlined, in accordance with federal requirements, within this administrative regulation’s incorporated material utilized in multiple public assistance programs administered by DCBS.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The amendment to this administrative regulation is technical and conforming in nature and does not have a new initial cost to the administrative body.

      (b) On a continuing basis: The amendment to this administrative regulation is technical and conforming in nature and does not have a new continuing cost to the administrative body.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The source of funding will be Temporary Assistance for Needy Families (TANF) block grant funds and state funds utilized for federal match and maintenance of effort. The funding has been appropriated in the enacted budget.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: An increase in fees or funding will not be necessary to implement this amendment.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees or directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation will be applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 601 to 619

      2. State compliance standards. KRS 194A.50(1), 205.170, 205.200

      3. Minimum or uniform standards contained in the federal mandate. The provisions of the administrative regulation comply with the federal mandate.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? This administrative regulation will not impose stricter, or additional or different responsibilities or requirements, than those required by the federal mandate.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. Justification for the imposition of a stricter standard, or additional or different responsibilities or requirements, is not applicable.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department for Community Based Services will be impacted by this administrative regulation.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 194A.050(1), 205.170(1), 205.200, 42 U.S.C. 601 to 619

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This program has been operational for numerous years. The administrative regulation will not generate any revenues in the first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The administrative regulation will not generate additional revenues in subsequent years.

      (c) How much will it cost to administer this program for the first year? The administrative regulation will not require additional cost in the first year.

      (d) How much will it cost to administer this program for subsequent years? The administrative regulation will not require additional costs in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: