A.
If there is a written request by a responsible member of the household, the
current authorized representative, or a person acting on behalf of the
household to review materials contained in the case record, the material and
information contained in the case record shall be made available to the
requestor.
1. The local office shall withhold
confidential information, such as the names of persons who have disclosed
information about the household without the household's knowledge, or the
nature or status of pending criminal investigations or prosecutions.
B. Use or disclosure of
information obtained from a SNAP household or from any State or Federal agency
included in the Income and Eligibility Verification System (IEVS), including
the Internal Revenue Service (IRS), Social Security Administration (SSA) and
Colorado Department of Labor and Employment (DOLE) exclusively for SNAP, shall
be restricted to the following persons, as described in
7 C.F.R
272.1(C)(1). Incorporated by
reference in section 4.100:
1. Persons
directly connected with the administration or enforcement of the provisions of
the Food Stamp Act or regulations, other Federal assistance programs,
federally- assisted State programs providing assistance on a means-tested basis
to low-income individuals, or general assistance programs which are subject to
the joint processing requirements in section 4.202.1.
2. Employees of the Comptroller General's
office of the United States for audit examination authorized by any other
provision of law;
3. Local, State
or Federal law enforcement officials, upon their written request, for the
purpose of investigating an alleged violation of the Food Stamp Act or
regulations. The written request shall include the identity of the individual
requesting the information and his/her authority to do so, the violation being
investigated, and the identity of the person about whom the information is
requested;
Local, State, or Federal law enforcement officers acting in
their official capacity, upon written request by such law enforcement officers
that includes the name of the household member being sought, for the purpose of
obtaining the address, social security number, and, if available, photograph of
the household member, if the member is fleeing to avoid prosecution or custody
for a crime, or an attempt to commit a crime, that would be classified as a
felony (or a high misdemeanor in New Jersey), or is violating a condition of
probation or parole imposed under a Federal or State law. The agency shall
provide information regarding a household member, upon written request of a law
enforcement officer acting in his or her official capacity that includes the
name of the person being sought, if the other household member has information
necessary for the apprehension or investigation of the other household member
who is fleeing to avoid prosecution or custody for a felony or has violated a
condition of probation or parole imposed under Federal or State law.
The agency must accept any document that reasonably
establishes the identity of the household member being sought by law
enforcement authorities. If a law enforcement officer provides documentation
indicating that a household member is fleeing to avoid prosecution or custody
for a felony, or has violated a condition of probation or parole, the agency
shall follow the procedures in 4.304.4 to determine whether the member's
eligibility in the SNAP program should be terminated. A determination and
request for information that does not comply with the terms and procedures in
4.304.4 is not sufficient to terminate the member's participation. The agency
shall disclose only such information as is necessary to comply with a specific
written request of a law enforcement agency authorized by this
paragraph.
4. Persons
connected with the Parent Locator Service. Information made available to the
Parent Locator Service must be restricted to the client's most recent address
and place of employment;
5. Persons
directly connected with the administration of the Child Support Program under
part D, title IV of the Social Security Act, in order to assist in the
administration of their program, and employees of the Secretary of Health and
Human Services as necessary to assist in establishing or verifying eligibility
or benefits under Titles II and XVI of the Social Security Act;
6. Persons directly connected with the
verification of immigration status of non-citizen SNAP clients through the
Systematic Alien Verification for Entitlements (SAVE) system, to the extent the
information is necessary to identify the individual for verification
purposes;
7. School authorities for
the purpose of determining which children are from families who participate in
SNAP. This information is used to determine eligibility for meals under the
National School Lunch or Breakfast Program; and,
8. Persons directly connected with the
administration or enforcement of programs included in the Income and
Eligibility Verification System (IEVS). Information obtained through the IEVS
will be stored and processed so that no unauthorized personnel may acquire or
retrieve the information for unauthorized purposes. All persons with access to
information obtained pursuant to the IEVS requirements will be advised of the
circumstances under which access is permitted and the sanctions imposed for
illegal use or disclosure of the information.
C. SNAP is subject to the confidentiality
requirements of section
26-1-114, C.R.S. to the extent the
provisions of that section are not preempted by Federal law.
Notes
10 CCR 2506-1-4.140
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
47
CR 15, August 10, 2024, effective
8/30/2024
