DHS 252.12(3)(a)(a) A manual process is required when a POS device is not available. A POS device is not available when the retailer does not have a POS device or the POS device is not useable. The retailer shall verify the recipient’s account balance by calling retailer customer service. Except for situations in which the vendor’s system is unavailable as provided in this subsection, if the retailer fails to verify the account balance and the recipient’s account balance is insufficient to cover the amount of the transaction, the retailer is liable for the difference. The recipient shall sign the voucher and receive a copy of the voucher. If the retailer cannot access the EBT vendor’s system because the EBT system is unavailable, the department shall allow purchases up to $40 for which the EBT vendor would be liable. DHS 252.12(3)(b)(b) The amount of the purchase will be withdrawn from the recipient’s account pending the vendor’s receipt of the voucher from the retailer. If the retailer has not submitted the voucher within 30 days, the amount will be returned to the recipient’s account. The retailer shall bear liability for the transaction if benefits are not available. DHS 252.12(4)(4) Access in border states. Under federal policy, interested retailers in states bordering Wisconsin may be provided EBT system access if the department determines that the store’s participation in the EBT system is necessary for recipient access based on demonstrated household shopping patterns. DHS 252.12 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.13(1)(1) Daily benefits. The department shall make daily (initial and supplemental) food stamp benefits available to recipients via their EBT account by a specified day and time. DHS 252.13(2)(2) Monthly benefits. The department shall make monthly food stamp benefits available to recipients via their EBT accounts on a staggered cycle over the first 15 days of the month. The department shall make the daily and monthly schedule available to recipients during EBT implementation and at the time of food stamp application. DHS 252.13 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.14DHS 252.14 Recipient customer service. The department shall provide, through the contract with the EBT vendor or agent, ongoing assistance to recipients, on a 24 hours per day, seven days per week basis, on the recipients’ use of the EBT system. Recipients shall access this customer service through the use of a toll-free number shown on the back of the EBT card and provided in training material. Recipients shall use customer service to report lost or stolen cards, obtain current account balances, obtain a transaction history for up to 2 months if transaction receipts are unavailable, institute card replacement and PIN change and resolve disputes regarding account transactions. The department shall assure that customer service is available in a language in addition to English as prescribed in state and federal law. DHS 252.14 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.15(1)(1) The department shall provide, through the contract with the EBT vendor, ongoing assistance to retailers, on a 24 hours per day, 7 days per week basis, on the retailers’ use of the EBT system. Retailers shall access this customer service through the use of the toll-free number shown on the back of the EBT card, in the retailer training material, or both. The department shall assure that customer service is available in a language in addition to English as prescribed in state and federal law. DHS 252.15(2)(2) Full services. The EBT vendor shall provide the following services to retailers with vendor-supplied equipment: DHS 252.15(2)(a)(a) manual transaction processing, settlement information and assistance, DHS 252.15(2)(b)(b) requests for repair and replacement of vendor supplied EBT-only POS terminals, DHS 252.15(2)(d)(d) information in obtaining monthly reimbursement of POS supplies (i.e., printer ribbon, tape) used for the processing of food stamp transactions. Reimbursement shall be an ACH deposit paid monthly to the retailers for the amount of supplies used. Supply reimbursement shall be calculated based upon the number of EBT transactions performed by the retailer in the previous month. DHS 252.15(3)(3) Limited services. The EBT vendor shall provide the following limited services to retailers operating their own equipment, retailers with third party processors, and retailers authorized to use manual vouchers: manual transaction approval and processing, settlement information and assistance, and requests for manual voucher supplies if not provided by a third party. DHS 252.15 HistoryHistory: 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 NoteNote: 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.17DHS 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.18DHS 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 HistoryHistory: 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 HistoryHistory: 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 252.20DHS 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.21DHS 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.22DHS 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 252.23DHS 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 NoteNote: 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 252.25DHS 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.26DHS 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 NoteNote: 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99. DHS 252.27DHS 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 HistoryHistory: Cr. Register, August, 1999, No. 524, eff. 9-1-99.
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