SECTION 330:50-29-7. Procedures for non-citizens

(a)   Termination due to ineligible immigrant status.

(1)   Assistance may not be terminated while verification of the participant family's eligible immigration status is pending.

(2)   Participant families in which all members are neither U.S. citizens nor eligible immigrants must have their assistance terminated. They must be given an opportunity for a hearing.

(b)   Temporary deferral of termination of assistance.

(1)   Ineligible families who were participants as of June 19, 1995, may request a temporary deferral of termination of assistance in order to allow time to locate affordable housing and thereby preserve the family.

(2)   Temporary deferral of termination of assistance is also available to mixed families who were participants on June 19, 1995, who elect not to accept prorated assistance, and are not eligible for Continued Assistance. OHFA must allow the mixed family time to find housing for ineligible members or for the entire family by deferring the termination.

(3)   Mixed families who choose temporary deferral of termination of assistance may change to prorated assistance at the end of any deferral period, if they have made a good-faith effort to locate housing.

(c)   False or incomplete information.

(1)   When OHFA has clear, concrete, or substantial documentation (such as a permanent resident card or information from another agency) that contradicts the declaration of citizenship made by an applicant or participant, an investigation will be conducted and the individual given an opportunity to present relevant information.

(2)   If the individual is unable to verify their citizenship, OHFA may give him/her an opportunity to provide a new declaration as an eligible immigrant or to elect not to contend their status. OHFA will then verify eligible status, deny, terminate, or prorate as applicable.

(3)   OHFA will deny or terminate assistance based on the submission of false information or misrepresentations.

(d)   Procedure for denial or termination.

(1)   If the family (or any member) claimed eligible immigrant status and the INS primary and secondary verifications failed to document the status, the family may make an appeal to the INS and request a hearing with OHFA either after the INS appeal or in lieu of the INS appeal.

(2)   After OHFA has made a determination of ineligibility, the family will be notified of the determination and the reasons and informed of the option for prorated assistance (if applicable) or, for participants who qualify, for Temporary Deferral of Termination of Assistance.

[Source: Added at 16 Ok Reg 2905, eff 7-12-99]