[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Notices]
[Page 10740-10741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-36]
[[Page 10740]]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Proposed Collection;
Comment Request--Food Stamp Program Repayment Demand and Program
Disqualification
AGENCY: Food and Nutrition Service, USDA.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
Notice invites the general public and other public agencies to comment
on proposed information collections. This Notice of Proposed
Information Collection announces the intent of the Food and Nutrition
Service (FNS) to request a revision for the information collection
requirements associated with initiating collection actions against
households who have received an overissuance in the Food Stamp Program.
In addition, this Notice announces FNS' intent to request a revision of
OMB approval for the information collection requirements associated
with intentional Program violation determinations.
DATES: Written comments must be submitted on or before April 28, 2008
to be assured consideration.
ADDRESSES: Send comments to Jane Duffield, Chief, State Administration
Branch, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room
822, Alexandria, Virginia 22302.
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507),
comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) 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.
All comments will be summarized and included in the request for
Office of Management and Budget approval of the information collection.
All comments will become a matter of public record.
FOR FURTHER INFORMATION CONTACT: For initiating collection action,
contact Dawn Washington at (703) 305-2450. For Intentional Program
Violation (IPV) determination, contact Greg Fortine at (703) 305-2401.
SUPPLEMENTARY INFORMATION:
Title: Food Stamp Program Repayment Demand and Program
Disqualification.
OMB Number: 0584-0492.
Form Number: None.
Expiration Date: April 30, 2008.
Type of Request: Revision of a currently approved collection.
Abstract: Section 13(b) of the Food Stamp Act of 1977, as amended
(7 U.S.C. 2022(b)), and Food Stamp Program (FSP) regulations at 7 CFR
273.18 require State agencies to initiate collection action against
households that have been overissued benefits. To initiate collection
action, State agencies must provide an affected household with written
notification informing the household of the claim and demanding
repayment. This process is automated in most State agencies. For
initiating collection action on an overissuance, we are decreasing the
estimated annual reporting and recordkeeping burden for State agencies
and households from 166,329 hours to 135,393. The reason for the
decrease is to reflect the lower number of claims that were established
in fiscal year (FY) 2006.
Note that for recipient claims, this Federal Register Notice only
covers the reporting and recordkeeping burden for initiating collection
action. The burden associated with reporting collections and other
claims management information on the FNS-209 report is covered under
currently approved OMB number 0584-0069. The burden associated with
referring delinquent claims and receiving collections through the
Treasury Offset Program is covered under currently approved OMB number
0584-0446.
FSP regulations at 7 CFR 273.16 require State agencies to
investigate any case of suspected fraud and, where applicable, make an
intentional program violation (IPV) determination either
administratively or judicially. Notifications and activity involved in
the IPV process include:
The State agency providing written notification informing
an individual suspected of committing an IPV of an impending
administrative disqualification hearing or court action.
An individual opting to accept the disqualification and
waiving the right to an administrative disqualification hearing or
court action by signing either a waiver to an administrative
disqualification hearing or a disqualification consent agreement in
cases of deferred adjudication.
Once a determination is made regarding an IPV, the State
agency sends notification to the affected individual of the action
taken on the administrative disqualification hearing or court decision.
Despite an increase in FSP participation, IPV activity has
experienced a decline. Therefore, we are decreasing the State agency
and household annual reporting and recordkeeping burden for the
activities related to IPV disqualifications from 38,435 hours to 11,045
hours.
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 the Electronic Disqualified Recipient Subsystem (eDRS). eDRS
is an automated system developed by FNS that contains records of
disqualifications in every State. State agencies are responsible for
updating the system and checking it to determine the appropriate length
of each disqualification. An estimate of the annual burden associated
with the eDRS process reflects a decrease from 7,418 to 5,563 hours per
year.
Summary of Estimated Burden
The net aggregate change from the existing to the proposed annual
burden for this collection is a reduction of 30,936 hours, from the
currently approved burden of 166,329 hours. For initiating collection
action on an overissuance, we are decreasing the estimated annual
burden for State agencies and households from 142,510 hours to 118,786
hours to reflect the lower number of claims established in FY 2006. The
IPV-related State agency and household annual burden, has decreased
from 16,401 hours to 11,044 hours to reflect the lower number of
disqualifications. An estimate of the annual burden associated with the
eDRS process reflects a total decrease from 7,418 to 5,563 hours per
year. Adjustments have been made to the burden to include requirements
not previously identified, burden identified incorrectly, and
corrections made in the calculations of the number of responses and
hours per response.
Affected Public: State and local government, and food stamp
households.
Estimated Number of Respondents: 556,053.
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Number of Responses per Respondent: 2.53.
Total Number of Annual Responses: 1,404,718.
Estimated Time per Response: 0.09.
Estimated Total Annual Burden: 135,393.
Dated: February 22, 2008.
Roberto Salazar,
Administrator, Food and Nutrition Service.
[FR Doc. E8-3750 Filed 2-27-08; 8:45 am]
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