Vol. 25 Iss. 20 - June 08, 2009

Chapter 601
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending the following regulations: 22VAC40-601, Food Stamp Program. The purpose of the proposed action is to change all references to the Food Stamp Program to the Supplemental Nutrition Assistance Program (SNAP) and food stamp benefits to SNAP benefits. The U.S. Congress enacted legislation to rename the program and adoption of the name lessens potential confusion. 22VAC40-601-50 amends the regulation to address handling pending applications for the Food Stamp Program. Federal regulations allow states an option to either deny applications after 30 days if the local department of social services is unable to process the application, or to hold the application, as pending for an additional 30-day period. The State Board of Social Services would like to adopt the provision to deny an application after 30 days instead of holding it as pending for an additional 30-day period before disposing of it. This process would require reopening denied applications if an applicant subsequently supplied needed information to determine eligibility and benefit level after the 30th day but before the 60th day following the application date. 22VAC40-601-60 amends the regulation to allow an extension of food stamp transitional benefits to state-funded public assistance programs. Transitional benefits are currently limited to Temporary Assistance for Needy Families (TANF) cases. This amendment would allow transitional food stamp benefits when state-funded programs close.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Celestine Jackson, Program Consultant, Department of Social Services, Division of Benefit Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7376, FAX (804) 726-7356, TTY (800) 828-1120, or email

VA.R. Doc. No. R09-1977; Filed May 13, 2009, 3:32 p.m.