(A) The county department of job and family services (CDJFS) shall inform an applicant, a certified type B professional or limited provider or a certified professional or limited in-home aide of the right to request a county appeal if the provider questions the actions of the CDJFS in the certification process.
(B) A provider may appeal the following actions of the CDJFS :
(1) Denial of an application for certification or errors made in acting on an application.
(2) A decision made on an inspection or complaint investigation .
(3) Proposal to revoke a certificate.
(4) Notice that a certificate will not be renewed.
(5) Non-renewal of the provider's certificate within the time frames prescribed in rule 5101:2-14-04 of the Administrative Code.
(6) Notification of action to recover an overpayment .
(C) The provider shall submit the request for a county appeal review in writing to the CDJFS no later than fifteen calendar days after the mailing date of the CDJFS notification of a proposed adverse action on an application for certification or the certification. The CDJFS shall not discourage, limit or interfere with the right to request a county appeal review.
(D) When the CDJFS receives a request for a county appeal review, the CDJFS shall date stamp the request, retain a copy in the applicant or provider's file, and schedule the county appeal review.
(E) The CDJFS shall notify the applicant or provider in writing of the time, date, and place of the county appeal review.
(1) The notice shall contain the name, address and telephone number of the person to contact if the applicant or provider cannot attend the scheduled county appeal review.
(2) If the applicant or provider is unable to attend the county appeal review as scheduled, the applicant or provider must contact the CDJFS prior to the time of the scheduled appeal review, indicating why the applicant or provider is unable to attend. The CDJFS shall determine if rescheduling of the appeal review is warranted and it shall make efforts to schedule the appeal at a time, date, and place convenient to all parties involved.
(3) The CDJFS shall resolve any disputes regarding attendance and shall retain copies of all written notices in the case file.
(F) The CDJFS shall conduct the county appeal review within fifteen working days of receipt of the request, unless an extension is required pursuant to paragraph (E) of this rule. The extension shall not exceed ninety days from the date of the original request.
(G) The CDJFS shall be responsible for conducting the county appeal review. The individual responsible for conducting the county appeal review shall not be someone who was a party to the decision that is the subject of the review. Evidence presented at the county appeal review shall be recorded by stenographic means or by use of audio-electronic recording devices as determined by the CDJFS. The CDJFS shall pay for the cost of this record and, upon request, one copy of the verbatim transcript, in the same medium in which the CDJFS appeal review was recorded, shall be provided to the applicant or provider at no cost.
(H) The following individuals may be present at the county appeal review:
(1) Legal representatives for all involved parties, including union staff or a union steward from the American federation of state, county, and municipal employees, Ohio council 8, AFL-CIO/child care providers together .
(2) Agency staff who are a party to the CDJFS action involving the applicant or provider.
(3) Witnesses called by the individual or CDJFS to present relevant testimony or evidence.
(I) The applicant or provider requesting a county appeal review shall have the opportunity to:
(1) Present the case.
(2) Examine the contents of the case file that are relevant to the CDJFS decision to deny or revoke the certificate, including all records and documents to be used by the CDJFS at the county appeal review, except for confidential information protected from release as addressed in rule 5101:2-14-62 of the Administrative Code, within a reasonable time prior to the county appeal review.
(3) Bring witnesses.
(4) Submit evidence to establish all pertinent facts and circumstances.
(5) Advance arguments without undue interference.
(6) Question or refute any testimony or evidence, presented by CDJFS witnesses or staff.
(J) If the applicant or provider requests documents that are relevant to the issue under appeal, the CDJFS shall provide one copy of each document at no cost, except for confidential information protected from release.
(K) The CDJFS shall start the county appeal review by providing the following introductory information:
(1) His or her name and role.
(2) Explanation of how the county appeal review will be conducted, including order of presentation and questioning.
(3) The time frame within which a decision shall be issued.
(4) How the individual will be notified of the decision.
(L) Following the presentation of introductory information the CDJFS shall:
(1) Explain the reasons for the proposed action.
(2) Cite the regulations upon which the proposed action is based.
(3) Provide relevant case information and documents.
(4) Provide the applicant or provider with the opportunity to present the case, submit evidence, establish pertinent facts, advance arguments, present witnesses, question or refute the testimony or evidence presented by the CDJFS and question CDJFS witnesses or staff.
(5) Question testimony or evidence presented by the applicant or provider, witnesses or CDJFS staff, if applicable.
(M) The CDJFS is responsible for preparing and issuing a written decision to the applicant or provider within ten working days from the date of the county appeal review. The decision shall be based upon:
(1) Facts and evidence presented at the county appeal review.
(2) Ohio department of job and family services (ODJFS) regulations governing certified professional or limited type B homes, certified professional or limited in-home aides or any additional county requirements approved by ODJFS in accordance with rule 5101:2-14-61 of the Administrative Code.
(N) The county appeal review decision shall include the following information:
(1) The action which was appealed.
(2) Findings of facts:
(a) Indicating which facts were mutually agreed upon by all parties.
(b) Discussing any resolution of factual disputes.
(c) Discussing facts which were not mutually agreed upon.
(3) Citation and summarization of relevant Administrative Code rules which support the facts established.
(4) Outcome of the appeal on each issue addressed.
(O) CDJFS shall promptly implement the decision.
(P) The county appeal review decision is final in regards to the appeal procedures contained in rule.
R.C. 119.032 review dates: 03/31/2013
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011
Prior Effective Dates: 3/15/96, 10/1/97 (Emer.), 12/30/97, 1/1/01, 4/1/03, 8/14/08