Chapter 5101:10-2 Military Injury Relief Fund Grants

5101:10-2-01 Military injury relief fund grant program: definitions.

(A) "Military injury relief fund" (MIRF) means a fund created in the state treasury consisting of money contributed to it under section 5747.113 of the Revised Code and contributions made directly to it. Any person may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in section 5747.113 of the Revised Code.

(B) "Eligible individual" means any individual who establishes that he/she is an Ohio resident at the time of application, and who provides the Ohio department of job and family services (ODJFS) with "acceptable documentation of injury," as defined in paragraph (D) of this rule, to verify that he/she was injured while in active service as a member of the armed services of the United States while serving under "Operation Iraqi Freedom," "Operation New Dawn," or "Operation Enduring Freedom" and whose injury was incurred in the line of duty.

(C) Individuals who are permitted to apply on behalf of, and in lieu of, "eligible individuals" are the following:

(1) Executors and administrators of the estates of such "eligible individuals."

(2) Persons who have received validly executed powers of attorney from "eligible individuals" that authorize the actions required in this rule and rule 5101:10-2-02 of the Administrative Code.

(D) "Acceptable documentation of injury" means the following:

(1) Documentation of the awarding of the "Purple Heart" in accordance with, and pursuant to, applicable federal laws and regulations including, but not limited to, Title 10, Chapter 57 of the United States Code, and Chapter 32 of the Code of Federal Regulations.

(2) Documentation of a combat-related injury, along with documentation that the combat-related injury resulted in the awarding of a "Combat Infantryman Badge" (CIB), "Combat Action Ribbon" (CAR), or "Combat Action Badge" (CAB), or its equivalent.

(3) Documentation of a combat-related injury not covered by paragraph (D)(1) or (D)(2) of this rule, primarily including, but not limited to, traumatic brain injury, injury caused by detonation of an improvised explosive device (IED), or post-traumatic stress disorder (PTSD). Documentation of PTSD must include medical diagnosis.

(E) "Director" means director of ODJFS.

(F) "State fiscal year" means the period of July first of the current year and ending June thirtieth of the next year.

Effective: 10/21/2011
R.C. 119.032 review dates: 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 5101.98
Rule Amplifies: 5101.98
Prior Effective Dates: 9/24/07, 7/3/11

5101:10-2-02 Military injury relief fund grant program: application and appeal process.

(A) The Ohio department of job and family services (ODJFS) may issue a one-time military injury relief fund (MIRF) grant to an individual only after ODJFS has determined that: the applicant has not previously received a MIRF grant; the applicant has met the eligibility requirements set forth in rule 5101:10-2-01 of the Administrative Code; the applicant has submitted a complete application ; and, there are sufficient grant funds. Applicants are required to provide acceptable documentation of injury and other verifications as needed by ODJFS before the issuance of any grant award.

(B) In the case of incomplete applications, ODJFS will send a letter of explanation to the applicant detailing the additional information required for processing. Incomplete applications will not be considered "place holders" for the applicant. Partial grant awards will not be issued. Applicants

must apply for a MIRF grant using JFS 33214, "Ohio Military Relief Fund (MIRF) Application" (rev. 7/2011) provided by ODJFS. This form may be obtained at any Ohio county veteran services office, or at the ODJFS web site under the "Info Center" link (http://jfs.ohio.gov//).

(C) Proof of eligibility rests with the applicant. If ODJFS determines that the applicant submitted false or misleading information, ODJFS may deny the application. If a grant was issued based on false or misleading information, ODJFS may take action to collect the grant funds from the applicant and additional penalties may be imposed.

(D) If an applicant is denied, an individual may appeal to the MIRF appeals committee. A notice of appellate rights shall be included in the decision notice denying the application. All appeals must be made in writing to the MIRF appeals committee within sixty calendar days of the date of the denial of the MIRF grant application. The MIRF appeals committee shall review the appeal request in a timely fashion. Time deadlines may be extended for good cause. The MIRF appeals committee will meet as required. Applicants will be notified in writing of the decision of the MIRF appeals committee. The ruling of the MIRF appeals committee is final. An eligibility determination, a grant approval, or a grant denial made under this rule may not be appealed under Chapter 119., section 5101.35 , or any other provision of the Revised Code.

(E) Grant award amounts will be five hundred dollars and will be awarded on a first-come, first-served basis as funds are available based on the amount of MIRF contributions received.

(F) MIRF applications and supporting documentation containing personally identifiable information are confidential.

Effective: 07/03/2011
R.C. 119.032 review dates: 04/15/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 5101.98
Rule Amplifies: 5101.98
Prior Effective Dates: 9/24/07