5101:1-3-15 Ohio works first (OWF): three-tier sanctions.

(A) Conflict with the Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county department of job and family services (CDJFS) shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of the Revised Code.

(3) All applicable requirements contained in the Revised Code sections referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) Three-tier sanctions

If a member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code, on or after October 15, 2009, a CDJFS shall sanction the assistance group as follows:

(1) For a first failure or refusal, the CDJFS shall deny or terminate the assistance group's eligibility to participate in OWF for one payment month or until the failure or refusal ceases, whichever is longer;

(2) For a second failure or refusal, the CDJFS shall deny or terminate the assistance group's eligibility to participate in OWF for three payment months or until the failure or refusal ceases, whichever is longer;

(3) For a third or subsequent failure or refusal, the CDJFS shall deny or terminate the assistance group's eligibility to participate in OWF for six payment months or until the failure or refusal ceases, whichever is longer.

(4) For purposes of this rule, the term "assistance group" includes the non-recipient work eligible individual as set forth in paragraph (B)(1) of rule 5101:1-3-12 of the Administrative Code.

(5) For purposes of this rule a payment month means a calendar month.

(6) Subsequent failures to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.

(7) For applicant assistance groups who fail or refuse, without good cause, to comply in full with a provision of the self sufficiency contract, the sanction period begins with the date of application.

(8) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.

(9) The sanction period begins with the next recurring month following the expiration of the adverse action period unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code. If a hearing is requested timely and the assistance group continues to receive OWF the work requirements are applicable.

(10) An adult eligible for medicaid as set forth in section 5111.01 of the Revised Code who is sanctioned pursuant to paragraph (B)(3) of this rule for a failure or refusal, without good cause, to comply in full with a provision of a self sufficiency contract related to work activities loses eligibility for medicaid as set forth in rule 5101:1-40-07 of the Administrative Code unless the adult is otherwise eligible for medicaid pursuant to another division of section 5111.01 of the Revised Code.

(11) An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:

(a) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;

(b) Support services in accordance with section 5107.66 of the Revised Code;

(c) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C. 201 (05/00), to participate in work activities and alternative activities.

(C) Written notice of sanction

(1) Before a CDJFS sanctions an assistance group pursuant to paragraph (B) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction.

(2) The written notice shall include a provision in bold type face that informs the assistance group that, not later than fifteen calendar days after ODJFS mails the written notice to the assistance group, the assistance group may request a state hearing which, at the assistance group's request, may be preceded by a face-to-face county conference with the CDJFS as set forth in rule 5101:6-5-01 of the Administrative Code. The purpose of the county conference and state hearing is for the assistance group to explain why they believe a sanction should not be imposed.

(3) The written notice shall include the toll-free telephone number the OWF assistance group may call to obtain the telephone number of an OWF ombudsperson provided for under section 329.07 of the Revised Code.

(4) The required language in paragraphs (C)(2) and (C)(3) of this rule will be included on the ODJFS client registry information system-enhanced (CRIS-E) generated prior notice of adverse action that is sent when proposing a three-tier sanction for non-compliance with a provision in the self sufficiency contract.

(5) The provisions in paragraph (C) of this rule do not replace the requirements of rules 5101:6-3-02 and 5101:6-4-01 of the Administrative Code. If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.

(6) The CDJFS shall immediately convert all oral hearing requests to writing, including all oral hearing requests made by telephone to the OWF ombudsperson. The assistance group has up to ninety days, from the date the adverse action notice is mailed, in which to request a county conference and state hearing.

(D) Compliance

(1) The failure or refusal ceases with receipt of the JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance" (10/2009) or the CRIS-E generated equivalent signed by the assistance group member who failed a provision of the self sufficiency contract.

(2) The assistance group must still complete the minimum sanction period even if the JFS 03804 or CRIS-E generated equivalent is received by the CDJFS prior to the last day of the minimum sanction period except as set forth in paragraph (G)(4) of this rule.

(3) The JFS 03804 or CRIS-E generated equivalent can be submitted to the CDJFS at any time. However, reinstatement of OWF is dependent upon the date that the form is received by the CDJFS as set forth in paragraphs (E) and (F) of this rule.

(E) Submission of the signed compliance form on or before the last day of the minimum sanction period

(1) If the JFS 03804 or CRIS-E generated equivalent is received by the CDJFS on or before the last day of the minimum sanction period, OWF can be reinstated the first day of the month following the minimum sanction period provided all other eligibility requirements are met.

(2) An assistance group that resumes participation in OWF following a sanction is not required to do either of the following:

(a) Reapply under section 5107.12 of the Revised Code and rule 5101:1-2-01 of the Administrative Code, unless a reapplication is required for food assistance or medicaid benefits, or both.

(b) Enter into a new self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code, unless the CDJFS determines one of the following:

(i) It is time for a new appraisal pursuant to paragraph (C) of rule 5101:1-3-12 of the Administrative Code; or

(ii) The assistance group's circumstances have changed in a manner necessitating an amendment of the self sufficiency contract as determined using procedures included in the contract as set forth in rule 5101:1-3-11 of the Administrative Code.

(3) Situations in which the CDJFS shall not reinstate OWF benefits include, but are not limited to, the following:

(a) The assistance group is ineligible due to the receipt of fraudulent assistance which has not been repaid in full, as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code;

(b) The assistance group is ineligible because a member of the assistance group has terminated employment without just cause, as set forth in section 5107.26 of the Revised Code and rule 5101:1-3-14 of the Administrative Code;

(c) The assistance group is ineligible because of a refusal to cooperate with a quality assessment (QA) review as set forth in rule 5101:1-3-14 of the Administrative Code.

(4) If the assistance group's circumstances have changed such that the CDJFS questions the eligibility for OWF, the CDJFS shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the CDJFS to determine eligibility before the expiration of the sanction period.

(a) This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:

(i) There is a failure, with good cause, to secure the necessary verifications; and

(ii) The failure to secure the verifications is considered beyond the control of the CDJFS or the assistance group.

(5) If the CDJFS determines that eligibility cannot be established for OWF, then OWF benefits shall not be reinstated following the sanction period.

(6) The assignment of support rights will be deemed to have been met with the existing JFS 07200 "Request for Cash, Food Stamp, and Medical Assistance" (rev. 10/2006). The support rights are assigned effective the first day of the month following the date of approval for OWF cash assistance as set forth in rule 5101:1-3-10 of the Administrative Code.

(F) Submission of the signed compliance form after the minimum sanction period

(1) If the JFS 03804 or CRIS-E generated equivalent is received by the CDJFS after the last day of the minimum sanction period, OWF benefits shall not be reinstated. The assistance group must submit a new JFS 07200.

(2) If the JFS 03804 or CRIS-E generated equivalent is not received by the CDJFS but the assistance group submits a JFS 07200 and reapplies for OWF, the assistance group is not eligible until the compliance form is signed by the assistance group member who failed a provision of the self sufficiency contract, except as set forth in paragraph (G)(3) of this rule. The beginning date of eligibility shall be the date that the compliance form is received by the CDJFS provided that the assistance group is otherwise eligible on that date.

(G) Assistance group movement in three-tier sanction situations

(1) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code, at the time of the failure, are included in the sanction.

(2) Individuals who enter the home and are required to be a member of a sanctioned assistance group after the failure date are not eligible to receive OWF during the sanction period regardless of whether they would otherwise meet the eligibility requirements.

(3) The minimum sanction period as set forth in paragraph (B) of this rule shall be served by all remaining assistance group members in situations where the individual who caused the sanction leaves the household, except in the provisions as set forth in paragraph (G)(4) of this rule.

(4) Minor children who no longer reside with the original assistance group containing sanctioned adults, may be eligible for OWF provided all eligibility requirements are met. They are not required to serve the minimum sanction period.

(5) An individual who causes the sanction carries that sanction into another assistance group until the expiration of the sanction period as set forth in paragraph (B) of this rule.

(a) If the sanctioned individual enters into an existing OWF assistance group the individual is considered a non-recipient work eligible individual during the sanction period and will not be eligible to receive OWF benefits until the minimum sanction period expires and the sanctioned individual signs the JFS 03804 or CRIS-E generated equivalent and it is received by the CDJFS.

(b) If the sanctioned individual enters into a household that subsequently makes application for OWF benefits the individual is considered a non-recipient work eligible individual during the sanction period and will not be eligible to receive OWF benefits until the minimum sanction period expires and the sanctioned individual signs the JFS 03804 or the CRIS-E generated equivalent and it is received by the CDJFS. Provided all other eligibility factors are met, the remaining assistance group members are eligible for OWF.

(c) If the sanctioned individual fails or refuses to sign a new self sufficiency contract, the assistance group is ineligible for OWF as set forth in paragraph (E) of rule 5101:1-3-11 of the Administrative Code.

(d) If the sanctioned individual fails to comply with a provision of the self sufficiency contract during an existing sanction period, the CDJFS shall apply another sanction for the appropriate occurrence for the entire OWF assistance group effective with the next recurring month. The individual will continue to serve the remainder of the original sanction period and the new sanction period concurrently.

(6) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure into another assistance group.

(7) If an individual enters into a potential two-parent assistance group, the assistance group's number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.

Replaces: 5101:1-3-15

Effective: 10/15/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly
Rule Amplifies: 5107.05, 5107.16, 5107.17
Prior Effective Dates: 10/1/1997 (Emer.), 12/30/1997, 7/1/1998, 1/1/1999, 10/1/1999, 7/1/2000, 1 0/1/2000, 8/29/2003 (Emer.), 3/1/05, 9/29/2006 (Emer.), 12/29/2006, 10/1/2007 (Emer.), 12/29/2007, 10/1/2008