[Effective 7/1/2024]

(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.
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Terms Used In Tennessee Code 71-5-308 v2

  • Applicant: means any person who has applied for benefits under this part. See Tennessee Code 71-5-303
  • Area manager: means the director or manager of the county or area office of the department of human services. See Tennessee Code 71-5-303
  • County office: means the county office of the department of human services in the county where the applicant or recipient resides and in which county a food stamp program is currently in operation. See Tennessee Code 71-5-303
  • Department: means the department of human services. See Tennessee Code 71-5-303
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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 subdivision (b)(1)(A) or (b)(1)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by this subsection (b).
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