5101:6-2-03 State hearings: notice of denial of an application for benefits.

(A) When the agency denies an application for or a requested change in public assistance or social services, the assistance group shall be provided prompt written notice of the decision.

(1) The notice shall contain a clear and understandable statement of the action the agency has taken and the reasons for it, cite the applicable regulations, explain the individual's right to and the method of obtaining a county conference and a state hearing, and contain a telephone number to call about free legal services.

(2) JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 9/2011), or the Ohio department of job and family services (ODJFS) computer-generated denial notice, shall be used.

(B) When the agency denies an application or reapplication for or a requested change in food assistance benefits, the assistance group shall be provided written notice of the decision.

(1) The ODJFS computer-generated denial notices are the only notices that may be used for denial of applications for food assistance benefits.

(2) Timing of the notice shall be in accordance with rule 5101:4-5-07 of the Administrative Code.

(3) The notice shall contain a clear and understandable statement of the action the agency has taken 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, and contain the name and telephone number of the person to contact for more information and a telephone number to call about free legal services.

(4) When the denial is caused by the assistance group's failure to take action to complete the application process, as described in rule 5101:4-5-07 of the Administrative Code, the notice shall also explain what action the assistance group must take to reactivate the application, that the case will be reopened without a new application if action is taken within thirty days of the mailing date of the denial notice, and that the assistance group must submit a new application if, at the end of the thirty-day period, the assistance group has not taken the needed action and wishes to participate in the program.

(5) When the agency is at fault for not completing the application process by the end of the second thirty-day period, but the case file is not complete enough to reach an eligibility determination, if the agency chooses to deny the case, the notice of denial shall be accompanied by notification to the assistance group to file a new application and of its possible entitlement to benefits lost as a result of agency delay.

(6) See rule 5101:4-2-02 of the Administrative Code for additional information that must accompany notice of denial for assistance groups with actual or potential categorical eligibility.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/18/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 5101.35
Rule Amplifies: 3125.25 , 5101.35 , 5160.011
Prior Effective Dates: 6/2/80, 4/1/87, 4/1/89, 6/1/93, 6/1/03, 12/15/08