Lawriter - OAC - 5101:6-2-04 State hearings: prior notice of adverse action.

5101:6-2-04 State hearings: prior notice of adverse action.

When the agency intends to withhold, reduce, suspend, or terminate public assistance, social services, or supplemental nutrition assistance program (SNAP) 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. An electronic notice may replace a written notice, as permitted by federal law.

(A) The written notice shall be sent electronically, by regular U. S. mail, or hand delivered no less than fifteen days prior to the effective date of the proposed action.

(B) The notice shall contain:

(1) A clear and understandable statement of the proposed action and the reasons for it.

(2) Citations of the applicable regulations.

(3) An explanation of the assistance group's right to and the method of obtaining a county conference and a state hearing.

(4) An explanation of the circumstances under which a timely hearing request shall result in continued benefits.

(5) A telephone number to call about free legal services.

(C) The JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001), 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 SNAP benefits, the agency shall issue a single notice for both public assistance and SNAP actions.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/29/2018 and 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35 , 5160.011, 5101.37
Prior Effective Dates: 09/01/1976, 04/01/1980, 06/02/1980, 12/01/1980, 10/01/1981, 01/18/1982, 05/01/1982, 07/01/1982, 10/01/1982, 01/01/1983, 04/01/1983, 08/01/1983, 11/01/1983 (Temp.), 01/01/1984, 03/01/1984 (Temp.), 06/01/1984, 10/01/1984 (Temp.), 10/03/1984 (Emer.), 12/22/1984, 08/20/1986 (Emer.), 11/15/1986, 01/16/1987 (Emer.), 04/01/1987, 04/06/1987, 07/01/1987 (Emer.), 09/27/1987, 04/01/1989, 11/01/1990, 06/01/1993, 06/01/2003, 09/01/2008, 02/28/2014, 07/25/2016