Lawriter - OAC - 5101:6-2-06 State hearings: notice of mass change in benefits.

5101:6-2-06 State hearings: notice of mass change in benefits.

(A) When a change in state law, federal law, or local agency policy adopted pursuant to options authorized in state law requires automatic adjustment of benefits , the assistance group shall be provided prior written notice of the action. The exception to this rule is some classes of food assistance recipients for which federal law does not require notification.

(1) The notice shall be mailed or personally delivered no less than fifteen calendar days prior to the processing of the action.

(2) 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.

(3) When a change in state or federal law requires such an adjustment statewide, the JFS 04025 "Important Notice about your Welfare Benefits" (rev. 5/2001), its computer-generated equivalent, or other notice specifically developed and designated by the Ohio department of job and family services (ODJFS), shall be used. Local agencies shall receive instructions concerning notice prior to implementation of the change.

(4) When a change in local agency policy requires such an adjustment, the local agency is responsible for developing the content of the notice, in accordance with paragraph (A)(2) of this rule. The language under "Your Right to a State Hearing" contained on the JFS 04025 must be duplicated exactly on any such local agency notice regarding a policy change that could be misapplied to individual circumstances, in accordance with paragraph (A) of rule 5101:6-3-01 of the Administrative Code.

(B) When a change in state or federal law or policy requires a mass change in the food assistance program, as described in rule 5101:4-7-03 of the Administrative Code, the assistance group shall be provided notice of the action as prescribed by state hearings in accordance with 7 C.F.R. 273.12 (effective January 1, 2013).

Effective: 02/28/2014
R.C. 119.032 review dates: 11/18/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35 , 5160.011
Prior Effective Dates: 9/1/76, 4/1/80, 6/2/80, 4/1/81, 10/1/81, 5/1/82, 10/1/82, 4/1/83, 9/24/83, 11/1/83 (Temp), 11/15/86, 3/1/84 (Temp), 10/3/84 (Emer), 12/22/84, 8/16/85 (Emer), 1/1/86, 8/20/86 (Emer), 11/15/86, 4/10/87 (Emer), 6/22/87, 4/1/89, 11/1/90, 2/1/92, 6/1/93, 6/1/03, 9/1/08, 8/1/10