DHS 252.15 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.16(1)
(1) The household shall report the loss, theft or damage of the EBT card immediately to recipient customer service. The department shall replace the EBT card within 5 business days following notice by the household to recipient customer service.
DHS 252.16 Note
Note:
This provision varies from federal food stamp regulations in
7 CFR 274.12 (g)(5)(ii) as allowed by a waiver approved by the U.S. department of agriculture.
DHS 252.16(2)
(2) The department shall require ES agencies to maintain card issuance capability for emergency card replacement. The department may institute a card replacement fee not to exceed the actual cost to replace the card if the card loss rate is excessive. The fee may be subtracted from the current food stamp allotment.
DHS 252.16 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.17
DHS 252.17 PIN replacement. The department shall replace the PIN if the PIN is compromised or the recipient wishes to change the PIN. The department shall provide PIN replacement through recipient customer service or at the local economic support agency. The department shall specify the PIN replacement procedure in the training material.
DHS 252.17 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.18
DHS 252.18 Liability for lost benefits. Benefits will not be replaced if lost as a result of the loss or theft of the EBT card and PIN up to the point in time that the recipient reports the loss to recipient customer service. Benefits will not be replaced if lost due to fraud committed, in total or in part, by the recipient. The department shall assure the replacement of benefits lost after the recipient or representative reports to recipient customer service that the card has been lost or stolen. The department also shall assure the replacement of benefits that are lost due to system errors or malfunctions. A recipient shall follow the dispute resolution process specified in
s. DHS 252.22 if he or she believes that benefit replacement is warranted.
DHS 252.18 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99; correction made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 252.19(1)(a)(a) An individual may be disqualified from the food stamp program for an IPV related to fraudulent EBT transactions. IPV is determined by an administrative disqualification hearing, court hearing, or disqualification agreement or waiver as provided in
7 CFR 273.16. An individual found guilty of an IPV is ineligible for one year for the first violation, 2 years for the second violation, and permanently for the third violation or for any violation involving the use of $500 or more worth of food stamps for purposes other than which they are intended.
DHS 252.19(1)(b)
(b) Individuals may be fined, imprisoned or both for food stamp offenses as specified in s.
946.92, Stats., depending on the value of the food coupons and whether it is the first, second or subsequent offense.
DHS 252.19(1)(c)
(c) The EBT card is a financial transaction card. Financial card crimes are described in s.
943.41, Stats. Any person violating the provisions of this section is subject to the penalties described therein.
DHS 252.19(2)
(2) Retailer. A retail food store or authorized wholesale food concern may be disqualified from the food stamp program by FNS if the firm fails to handle EBT transactions in compliance with federal food stamp regulations. FNS may, in lieu of a disqualification, subject the firm to a civil money penalty. Refer to
7 CFR 278.6 for disqualification criteria and procedures.
DHS 252.19 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99;
correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2016 No. 721. DHS 252.20
DHS 252.20 Confidentiality. The department shall take all reasonable steps to ensure that information regarding food stamp recipients will be kept confidential by the EBT vendor and the card issuer. The department shall oversee the EBT vendor's and card issuer's performance in this area.
DHS 252.20 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.21
DHS 252.21 EBT system security. The department shall take all reasonable steps to ensure the security of card issuance and the electronic transfer of benefits. The department shall oversee the EBT vendor's and card issuer's performance in this area.
DHS 252.21 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.22
DHS 252.22 Resolution of disputes. Recipients shall contact recipient customer service regarding EBT account transaction issues and requests for benefit replacement within 90 calendar days from the date of the original transaction being disputed. If recipient customer service is unable to resolve the dispute or error, they will refer it to state or county dispute resolution staff. The recipient may request a hearing at any time in accordance with
ch. HA 3. A description of the complete dispute resolution process shall be provided in the training material.
DHS 252.23
DHS 252.23 Conversion to coupons. Food stamp groups moving out of Wisconsin may not have their electronic food stamp benefits converted to paper coupons.
DHS 252.23 Note
Note:
Effective June 25, 2003,
7 CFR 274.12 (g) (6) (i) as amended gave states the option to either convert electronic benefits to paper coupons or assist clients in finding an authorized retail location where their electronic benefits can be used in another state. Consistent with
7 CFR 274.12 (g) (6) (i), the department chose to discontinue the practice of converting electronic benefits to coupons when the household moved out of state.
DHS 252.25
DHS 252.25 Expungement. All food stamp benefits shall be expunged from the EBT account at the direction of the department if any of the following occur:
DHS 252.25(1)
(1) Benefits have not been accessed by the household for a period of one year, or
DHS 252.25(2)
(2) The EBT food account has been converted to food stamp coupons, or
DHS 252.25(3)
(3) A one-person food stamp group is denied due to death of the recipient.
DHS 252.25 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.26
DHS 252.26 Quest™ standards. The department shall incorporate the terms of the Quest
™ operating rules of the National Automated Clearing House Association into its contract with the EBT vendor.
DHS 252.26 Note
Note:
A copy of the QUEST™ Operating Rules may be ordered by contacting NACHA, 13665 Dulles Technology Drive, Suite 300, Herndon, Virginia 20171. Phone 1(800) 487-9180.
DHS 252.26 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
DHS 252.27
DHS 252.27 Future programs. If the department decides to use the EBT system to deliver benefits for any other program it administers, the department shall designate the program by rule. The department also may enter into an agreement with any other government agency to deliver benefits paid by that agency through the use of the system.
DHS 252.27 History
History: Cr.
Register, August, 1999, No. 524, eff. 9-1-99.
