5101:6-2-04 Prior notice of adverse action.

When the agency intends to withhold, reduce, suspend, or terminate public assistance, social services, or food stamps within the certification period, or to change the manner or form of assistance to protective, vendor, or two-party payment, the assistance group shall be provided prior written notice of the action.

(A) The notice shall be mailed or personally delivered no less than fifteen calendar days prior to the effective date of the proposed action.

(B) The notice shall contain a clear and understandable statement of the proposed action and the reasons for it, cite the applicable regulations, explain the assistance group’s right to and the method of obtaining a county conference and a state hearing, explain the circumstances under which a timely hearing request will result in continued benefits, and contain a telephone number to call about free legal services.

(C) “Prior Notice or Right to a State Hearing,” JFS 04065 (rev. 4/2005), or its computer-generated equivalent, shall be used.

(D) If a change in the assistance group’s circumstances requires reduction or termination of both public assistance and food stamp benefits, the agency shall issue a single notice for both public assistance and food stamp actions.

Effective: 09/01/2008

R.C. 119.032 review dates: 05/30/2008 and 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25, 5101.35

Rule Amplifies: 3125.25, 5101.35

Prior Effective Dates: 9/1/76, 4/1/80, 6/2/80, 12/1/80, 10/1/81, 1/18/82, 5/1/82, 7/1/82, 10/1/82, 1/1/83, 4/1/83, 8/1/83, 11/1/83 (Temp), 1/1/84, 3/1/84 (Temp), 6/1/84, 10/1/84 (Temp), 10/3/84 (Emer), 12/22/84, 8/20/86 (Emer), 11/15/86, 1/16/87 (Emer), 11/16/87, 4/1/87, 4/6/87, 7/1/87 (Emer), 9/27/87, 4/1/89, 11/1/90, 6/1/93, 6/1/03