71-5-308 - Investigation of applications Determination of eligibility.
71-5-308. Investigation of applications Determination of eligibility.
(a) When an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain facts supporting the application and such other information as may be required by the rules and regulations of the department. Upon the completion of such investigation, the area manager or the area manager's designated agent shall, within a reasonable period of time, determine eligibility.
(b) (1) Pursuant to the option granted the state by 21 U.S.C. § 862a(d), an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department:
(A) (i) Is currently participating in a substance abuse treatment program approved by the department of human services;
(ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity;
(iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or
(iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and
(B) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(2) Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility.
(3) Notwithstanding the provisions of subdivisions (b)(1)(A) or (b)(1)(B) to the contrary, no person convicted of a Class A felony for violating a provision of title 39, chapter 17, part 4, shall be eligible for the exemptions provided by this subsection (b).
[Acts 1971, ch. 136, § 8; 1973, ch. 337, § 5; T.C.A., §§ 14-2208, 14-27-108; Acts 1996, ch. 950, § 13; 2002, ch. 715, § 2.]