Chapter 5101:6-20 Administrative Violations

5101:6-20-01 State hearings - disqualification for intentional program violation.

(A) Chapter 5101:6-20 of the Administrative Code governs disqualification for intentional program violation in the Ohio works first (OWF), prevention, retention and contingency (PRC) and food assistance programs.

(B) An individual may be disqualified from the OWF, PRC and/or food assistance programs for intentional program violation based on one of the following.

(1) A finding by a court that the individual has committed a criminal offense connected to violation of the OWF and/or PRC program, and/or food assistance requirements.

(2) A disqualification consent agreement, signed by the individual, in accordance with rule 5101:6-20-40 of the Administrative Code.

(3) An administrative disqualification hearing decision that finds that the individual has committed an intentional program violation.

(4) A waiver of the right to an administrative disqualification hearing, signed by the individual, in accordance with rule 5101:6-20-30 of the Administrative Code.

(C) The local agency is responsible for investigating any case alleging an intentional program violation, regardless of the suspected individual's current eligibility status, and for ensuring that appropriate cases are acted upon either through administrative disqualification procedures or referral for prosecution.

(D) Local agencies are encouraged to refer for prosecution those individuals suspected of committing intentional program violation, particularly if the value of benefits involved is large or if the individual is suspected of committing more than one act of intentional program violation.

(1) The local agency shall confer with its legal representative to determine the types of cases which will be accepted for possible prosecution.

(2) Local agencies shall also encourage local prosecutors to recommend to the courts that a disqualification penalty, as provided for by rule 5101:6-20-03 of the Administrative Code, be imposed in addition to any other civil or criminal penalties for such violations.

(E) Administrative disqualification procedures should be initiated in the following situations:

(1) The local agency believes the facts of the case do not warrant civil or criminal prosecution.

(2) The facts of the case were previously referred for prosecution but were declined by the appropriate legal authority.

(3) No action was taken on a previously referred case within a reasonable time and the referral was formally withdrawn by the local agency.

(F) The local agency shall not initiate administrative disqualification procedures against an individual currently being referred for prosecution or subsequent to any action taken against the individual by the prosecutor or the court, if the factual issues of the case arise out of the same, or related, circumstances.

(1) Such action by the court shall include receiving a complaint of an intentional program violation.

(2) Such action by the prosecutor shall include the filing of a complaint in court or presentation of the case to a grand jury, regardless of whether the grand jury returns an indictment.

(3) The prosecutor's independent review and investigation of a referred case shall not, by itself, constitute such action.

(G) The local agency shall not initiate administrative disqualification procedures against an accused individual when a previous administrative disqualification hearing on the same, or related, circumstances was decided in the accused individual's favor.

(H) In proceeding against an individual, the local agency shall coordinate any corresponding actions taken under the OWF, PRC and food assistance programs where the factual issues arise from the same or related circumstances.

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
Prior Effective Dates: 6/20/80, 10/1/81, 8/1/83, 9/1/94, 3/18/96, 5/18/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-02 State hearings - definition of intentional program violation.

(A) In the Ohio works first (OWF) program, intentional program violation shall consist of any action by an individual, for the purpose of establishing or maintaining the family's eligibility for OWF or for increasing or preventing a reduction in the amount of the monthly OWF grant that is intentionally:

(1) A false or misleading statement or misrepresentation, concealment, or withholding of facts; or

(2) Any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

(B) In the food assistance program, intentional program violation shall consist of an action by an individual, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing food assistance benefits that is intentionally:

(1) A false or misleading statement, or a misrepresentation, concealment or withholding of facts; or

(2) Any act that constitutes a violation of the Food Stamp Act (as in effect on 2/28/2014), the food assistance program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, or possessing or trafficking of food assistance benefits, or the electronic benefit transfer (EBT) card.

(C) In the prevention, retention and contingency (PRC) program, intentional program violation shall consist of an action by an individual, for the purpose of establishing eligibility for PRC benefits that is intentionally:

(1) A false or misleading statement or misrepresentation, concealment, or withholding of facts; or

(2) Any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

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
Prior Effective Dates: 6/20/80, 10/1/81, 8/1/83, 9/1/94, 3/18/96, 5/18/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-03 State hearings: penalties for intentional program violation.

(A) Under the provisions of rule 5101:6-20-01 of the Administrative Code, individuals who have been found to have committed an intentional program violation (IPV) either through an administrative disqualification hearing, a federal, state, or local court, or who have signed either a waiver of right to an administrative disqualification hearing, or a disqualification consent agreement in cases referred for prosecution shall be ineligible for the following periods:

(1) Disqualified from Ohio works first (OWF) or prevention, retention and contingency (PRC) until the cost of the fraudulent assistance is repaid in full.

(2) Disqualified from the food assistance program for twelve months for the first violation except as provided in paragraphs (A)(5) to (A)(8) of this rule.

(3) Disqualified from the food assistance program for twenty-four months for the second violation except as provided in paragraphs (A)(5) to (A)(8) of this rule.

(4) Disqualified from the food assistance program permanently for the third violation except as provided in paragraphs (A)(5) to (A)(8) of this rule.

(5) Court conviction: controlled substance violation Individuals found by a federal, state, or local court to have used or received food assistance benefits in a transaction involving the sale of a controlled substance (as defined in section 102 of the Controlled Substances Act , 21 U.S.C. 802 (as in effect on 2/28/2014) shall be ineligible to participate in the program for a period of twenty-four months upon the first occasion of such a violation and permanently upon the second occasion of such a violation.

(6) Trafficking food assistance benefits of five hundred dollars or more An individual shall be permanently disqualified if he/she is convicted by a federal, state, or local court of trafficking food assistance benefits for an aggregate amount of five hundred dollars or more.

For purposes of this rule, "trafficking" is defined as fraudulently using, transferring, altering, acquiring or possessing food assistance benefits or presenting food assistance benefits for payment or redemption knowing the same to have been fraudulently obtained or transferred for cash or consideration other than eligible food. "Acquiring food assistance benefits" does not include providing false information as part of the certification, reapplication, or reporting changes processes.

(7) Court conviction: firearms, ammunition, or explosives violation Individuals found by a federal, state, or local court to have used or received food assistance benefits in a transaction involving the sale of firearms, ammunition, or explosives shall be permanently ineligible to participate in the program upon the first occasion of such violation.

(8) Receipt of multiple benefits simultaneously An individual shall be ineligible to participate in the food assistance program for a ten-year period if the individual is found, through an administrative disqualification hearing, a federal, state, or local court, or who has signed either a waiver of right to administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, of having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food assistance program.

(B) The same act of intentional program violation repeated over a period of time shall not be separated so that separate penalties can be imposed.

(C) For food assistance, only the individual found to have committed intentional program violation shall be disqualified, and not the entire assistance group, but for PRC and OWF assistance groups determined to have received fraudulent assistance, all individuals who were members of the assistance group at the time of receipt of the fraudulent assistance shall be disqualified.

(D) During the disqualification period, the disqualified individual's needs shall not be taken into account in determining the assistance group's eligibility or amount of assistance; however, all income and resources of the disqualified individual shall be considered available to the assistance group.

(E) The disqualification period shall begin as specified in rule 5101:6-20-17 , 5101:6-20-30 , 5101:6-20-40 , or 5101:6-20-50 of the Administrative Code, as applicable, regardless of whether the individual is eligible for the program at that time.

(F) Once a disqualification penalty has been imposed against a currently eligible individual, it shall continue uninterrupted until complete regardless of the eligibility of the disqualified individual's assistance group.

(G) Any period for which a disqualification penalty is imposed shall remain in effect, without possibility of an administrative stay, unless and until the finding upon which the penalty was based is reversed by a court of appropriate jurisdiction.

(H) The disqualified individual and each person who was an adult member of the disqualified individual's assistance group, if any, shall continue to be responsible for repayment of the overpayment/overissuance which resulted from the individual's intentional program violation, regardless of their current eligibility for program benefits.

(I) The disqualification of an individual for intentional program violation in one county or state is valid in another county or state.

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
Prior Effective Dates: 6/2/80, 10/1/81, 5/1/82, 8/1/83, 4/1/84 (Temp), 8/1/84
(Emer), 10/20/84, 5/1/85, 9/1/94, 6/1/96, 9/23/96 (Emer), 12/15/96, 6/1/97, 5/15/99, 6/1/03, 9/1/08

5101:6-20-04 State hearings: notification at application.

(A) The local agency shall inform the assistance group in writing of the disqualification penalties for intentional program violation each time the assistance group files an application for program benefits.

(B) Disqualification penalties shall be in clear, prominent, and bold-face lettering on the JFS 07200s "Request for Cash, Food, and Medical Assistance" (rev. 12/2012) and JFS 07501s "Program Enrollment & Benefit Information" (rev. 11/2013), or their electronic equivalents.

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
Prior Effective Dates: 6/2/80, 8/1/83, 9/1/94, 5/15/99, 6/1/03, 9/1/08

5101:6-20-10 State hearings: initiating an administrative disqualification hearing.

(A) To initiate an administrative disqualification hearing, the local agency shall complete and submit a JFS 04060 "Referral for Administrative Disqualification Hearing" (rev. 5/2001), to state hearings.

(B) The JFS 04060 shall be accompanied by all information and documentation relied upon by the local agency in reaching its conclusion that intentional program violation has been committed.

(C) If more than one assistance group member is suspected of committing an intentional program violation, a separate JFS 04060 shall be completed for each.

(D) If an individual is suspected of intentional program violation in more than one program, a separate JFS 04060 shall be completed for each.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 2/1/95, 6/1/03, 9/1/08

5101:6-20-11 State hearings: consolidation of an administrative disqualification hearing with a state hearing.

(A) An individual's state hearing, in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and an administrative disqualification hearing may be combined into a single hearing if the factual issues arise out of the same or related circumstances.

(B) If the hearings are to be combined, the accused individual shall be given notice of that fact at the time the hearing is scheduled.

(C) The assistance group may waive the thirty-day advance notice period required by rule 5101:6-20-12 of the Administrative Code when a state hearing and a disqualification hearing are combined.

(D) If the hearings are combined to decide the amount of the overpayment/overissuance and whether an intentional program violation was committed, the assistance group shall lose its right to a subsequent state hearing on the amount of the overpayment/overissuance.

(E) If the state hearing and the administrative disqualification hearing are combined, the time frames for conducting disqualification hearings shall apply.

(F) When an administrative disqualification hearing is combined with a state hearing, separate decisions shall be issued for the administrative disqualification and state hearing issues, using the JFS 04007 "Administrative Disqualification Hearing Decision" (rev. 9/1994), and the JFS 04005 "State Hearing Decision" (rev. 3/2003), respectively.

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: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 5/15/99, 6/1/03, 9/1/08

5101:6-20-12 State hearings: advance notice of the administrative disqualification hearing.

(A) The bureau of state hearings shall provide written notice to the accused individual at least thirty days prior to the hearing date, unless the thirty-day advance notice period has been waived under the provisions of rule 5101:6-20-11 of the Administrative Code.

(B) The notice shall be provided by one of the following methods:

(1) Certified mail - return receipt requested.

Notice provided by this method shall be mailed certified mail - return receipt requested.

(2) Personal service.

Notice provided by this method shall be hand-delivered, to the accused individual, by a person designated to do so by the Ohio department of job and family services (ODJFS) or by the local agency.

The person so designated shall record the date and location of delivery and the person to whom notice was delivered and maintain the information in the case file. The personal service record shall be made a part of the hearing record. Failure to make delivery shall be similarly recorded.

(3) Residence service.

Notice provided by this method shall be hand-delivered, to some person of suitable age and discretion residing at the accused individual's current place of residence, by a person designated to do so by (ODJFS) or by the local agency.

The person so designated shall record the date and location of delivery and the person to whom notice was delivered and maintain the information in the case file. The residence service record shall be made a part of the hearing record. Failure to make delivery shall be similarly recorded.

(C) In addition to delivery by one of the methods described in paragraph (B) of this rule, notice shall simultaneously be sent by ordinary mail.

(D) The notice shall be accompanied by JFS 04058 "Explanation of Administrative Disqualification Hearing Procedures" (rev. 5/2002) and by JFS 04026 "Waiver of Administrative Disqualification Hearing" (rev. 5/2001).

(E) The notice, in conjunction with the JFS 04058 , shall include the following:

(1) The date, time, and place of the hearing.

(2) A statement of the charges against the individual.

(3) A summary of the evidence, and how and where the evidence can be examined.

(4) A statement of the individual's right to request a postponement of the hearing.

(5) A warning that the decision will be based solely on the information provided by the local agency if the individual or authorized representative fails, without good cause, to appear at the hearing.

(6) A statement that the individual or representative shall have ten days from the date of the hearing to contact the hearings section and present good cause for failure to appear in order to receive a new hearing.

(7) A description of the penalties that can result from a determination that the individual has committed an intentional program violation, and a statement of which penalty is applicable to the individual.

(8) A statement that the hearing does not preclude collection of the overpayment/overissuance.

(9) An explanation that the individual may waive the right to an administrative disqualification hearing, under the provisions of rule 5101:6-20-30 of the Administrative Code.

(10) A statement that the accused individual has the right to remain silent concerning the charges, and that anything said or signed by the individual concerning the charges can be used against the individual in a court of law.

(11) A statement that the individual may obtain a copy of the department's published hearing rules from the local agency upon request.

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

(F) In all cases, the JFS 04061 "Notice of Administrative Disqualification Hearing" (rev. 6/2001), shall be used.

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
Prior Effective Dates: 6/20/80, 8/1/83, 9/1/94, 6/1/95, 10/1/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-13 Effect of a pending administrative disqualification hearing.

(A) A pending administrative disqualification hearing shall not affect the right of either the accused individual or the assistance group to apply for program benefits and to receive them if otherwise eligible.

(B) A pending administrative disqualification hearing shall not prevent the local agency from taking appropriate action to deny, reduce or terminate assistance for other reasons.

(C) The local agency is responsible for processing the application and issuing proper notice pursuant to rules 5101:6-2-02 and 5101:6-2-03 of the Administrative Code.

R.C. 119.032 review dates: 11/18/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 6/1/03

5101:6-20-14 State hearings - failure to attend the administrative disqualification hearing.

(A) If the accused individual or authorized representative fails, without good cause, to appear at the hearing, the hearing shall still be conducted, without the individual being represented, if:

(1) The hearings section has proof of either receipt or refusal to accept delivery of the advance notice of the administrative disqualification hearing provided as required by paragraph (B) of rule 5101:6-20-12 of the Administrative Code, or

(2) Certified mail delivery of the advance notice of the administrative disqualification hearing, as described in rule 5101:6-20-12 of the Administrative Code, is returned unclaimed and the ordinary mailing of the advance notice, required rule 5101:6-20-12 of the Administrative Code, does not return undelivered.

(B) Even though the individual is not represented, the hearing officer shall consider the evidence carefully and determine, based on clear and convincing evidence, whether intentional program violation was committed.

(C) When good cause for failure to appear is based upon non-receipt of the advance notice of the hearing required by rule 5101:6-20-12 of the Administrative Code, the individual or authorized representative shall have thirty days from the date of the hearing decision to contact the hearing authority and present good cause for failing to attend.

In all other instances, the individual or authorized representative shall have ten days from the date of the hearing to contact the hearing authority and present good cause for failing to attend.

The hearing officer shall enter the good cause determination into the hearing record.

(D) When the hearing decision finds that intentional program violation was committed but good cause for failure to appear is subsequently shown, the hearing decision shall be vacated and a new hearing scheduled.

(1) In this instance, the hearings section shall immediately notify the local agency and order discontinuation of the disqualification and reinstatement of assistance if otherwise appropriate.

(2) The new hearing shall be scheduled in accordance with rule 5101:6-20-12 of the Administrative Code. (3) The original hearing officer may conduct the new hearing.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 6/1/95, 6/1/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-15 State hearings: administrative disqualification hearing procedures.

(A) The following provisions apply to the administrative disqualification hearing process:

(1) The accused individual and authorized representative shall be provided access to documents and regulations in accordance with rule 5101:6-5-01 of the Administrative Code.

(2) The accused individual and authorized representative and the local agency have the right to request the issuance of subpoenas in accordance with rule 5101:6-5-01 of the Administrative Code.

(3) The local agency may provide transportation to the accused individual in accordance with rule 5101:6-5-01 of the Administrative Code.

(4) The time and place of the administrative disqualification hearing shall be in accordance with rule 5101:6-6-01 of the Administrative Code.

(5) The accused individual is entitled to one postponement of the scheduled hearing.

(a) The request for postponement must be received by the hearings section at least ten calendar days prior to the date of the scheduled hearing.

(b) The hearing shall not be postponed for more than thirty days.

(B) The following provisions apply to the conduct of the administrative disqualification hearing:

(1) The accused individual and the local agency have the right to be represented by legal counsel in accordance with rule 5101:6-5-01 of the Administrative Code.

(2) The administrative disqualification hearing shall be conducted informally, in accordance with rule 5101:6-6-02 of the Administrative Code.

(3) Attendance at the administrative disqualification hearing shall be limited in accordance with rule 5101:6-6-01 of the Administrative Code.

(4) Administrative disqualification hearings shall be recorded in accordance with rule 5101:6-6-03 of the Administrative Code.

(5) The role of the agency representative at the administrative disqualification hearing shall be as described in rule 5101:6-6-02 of the Administrative Code.

(6) The accused individual and/or authorized representative shall have the rights described in rule 5101:6-6-02 of the Administrative Code.

(7) The role of the hearing officer at the administrative disqualification hearing shall be as described in paragraph (C) of rule 5101:6-6-02 of the Administrative Code, except that paragraphs (C)(14) and (C)(15) of rule 5101:6-6-02 of the Administrative Code do not apply.

(8) At the hearing, the hearing officer shall advise the accused individual and representative that they may refuse to answer questions during the hearing.

(9) Once the administrative disqualification hearing has begun, the accused individual may no longer waive the right to a hearing. If the local agency or state hearings has not received a signed JFS 04026 "Waiver of Administrative Disqualification Hearing" (rev. 5/2001), prior to the time of the scheduled hearing, the hearing officer shall proceed with the hearing and render a written decision.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 5/15/99, 6/1/03, 9/1/08

5101:6-20-16 State hearings: administrative disqualification hearing decisions.

(A) State hearings is responsible for preparing and issuing administrative disqualification hearing decisions under the authority of the director of the Ohio department of job and family services (ODJFS). State hearings shall designate hearing authorities to review the findings, conclusions, and recommendations of the hearing officers and to issue decisions under the authority of the ODJFS director.

(1) No person designated as hearing authority shall have previously participated in the local agency decision being appealed, nor shall the hearing authority and the hearing officer who conducted the hearing be the same person.

(2) Administrative disqualification hearing decisions shall be issued within ninety days of the mailing date of the JFS 04061 "Notice of Administrative Disqualification Hearing" (rev. 6/2001).

(3) If the hearing was postponed, under the provisions of rule 5101:6-20-15 of the Administrative Code, the ninety-day time limit shall be extended by as many days as the hearing was postponed.

(B) The hearing officer's findings of fact shall be based exclusively on the evidence introduced at the hearing, or, if the accused individual was represented at the hearing, after the hearing and subject to examination and rebuttal by both parties as described in rule 5101:6-6-02 of the Administrative Code.

(1) The hearing officer may be guided, but shall not be bound, by the Ohio Rules of Evidence ( as in effect on 2/28/2014) in conducting hearings and in making findings of fact. The hearing officer shall consider all relevant evidence offered at the hearing.

(2) Hearsay evidence may be considered by the hearing officer in arriving at the findings of fact. However, such evidence must be critically evaluated, since it is not given under oath and cannot be cross-examined to test the perception, memory, and veracity of the declarant.

(3) Direct evidence shall normally be given more weight than hearsay evidence when the two are in conflict. Whenever possible, the hearing officer shall avoid basing a finding of fact solely on hearsay evidence.

(4) It shall be the responsibility of the local agency to show, by clear and convincing evidence, that the accused individual committed intentional program violation.

(5) The hearing officer's findings of fact shall be binding upon the hearing authority. However, the hearing authority may remand the case to the hearing officer if the hearing authority determines that additional facts not already established by the hearing officer are essential to a correct decision, or if the evidence relied upon was taken in violation of paragraph (B) of this rule.

(6) The scope of the remand shall be limited to those additional facts which the hearing authority deems necessary. The remand shall not be the occasion for a new determination of any of the facts already established.

(C) The hearing officer's conclusions of policy and recommendations shall be based solely on rules of the Administrative Code, except when these regulations are silent and reference to the Revised Code or other statutory source is necessary to resolve the issue.

(1) The hearing authority shall review conclusions and recommendations by the hearing officer, and adopt them when they constitute a correct application of the appropriate regulations.

(2) The hearing authority shall amend conclusions and recommendations that do not correctly apply the appropriate regulations, clearly explaining the reason and basis of any such amendment.

(D) The administrative disqualification hearing decision shall be limited to determining whether the accused individual committed intentional program violation and whether the sanction period being proposed is appropriate.

(E) The administrative disqualification hearing decision shall separately set forth the issue, the hearing officer's findings of fact, conclusions of policy and recommendations, and the decision and order.

(1) The issue section shall include the programs for which administrative disqualification is proposed, the length of the proposed disqualification period, and a brief statement of the alleged activity upon which the local agency has based its proposal. When disqualification in multiple programs has been proposed, they shall be stated separately in the issue statement, and treated separately in the remainder of the decision.

(2) When the disqualification hearing has been combined with a state hearing, the state hearing issues shall be decided in a separate state hearing decision, not in the administrative disqualification hearing decision. Both decisions shall be issued at the same time.

(3) Procedural matters, such as delays due to postponement or amendments to the issue, shall be followed by a clear and orderly chronological discussion of the facts and events relevant to the issue. Findings of fact upon which all parties agree shall normally be set forth first, followed by discussion and resolution of factual disputes. The decision shall clearly indicate the basis for each such finding, to include discussion of the relative weight given to the conflicting evidence in arriving at the decision.

(4) The conclusions of policy shall cite and summarize relevant portions of departmental rules or program manuals, and other applicable regulations as necessary, and shall clearly demonstrate how they apply to the facts established.

(5) The hearing officer's recommendations shall address each program for which administrative disqualification is proposed and shall state whether or not the accused individual is found to have committed intentional program violation. When the hearing officer recommends that the accused individual be disqualified, the hearing officer shall state the length of the disqualification period to be imposed.

(6) When disqualification is ordered, compliance shall be required, via JFS 04068 "State Hearing Compliance" (rev. 5/2001).

(7) The decision and order, signed by the hearing authority, shall indicate adoption or amendment of the hearing officer's recommendations and whether the accused individual is found to have committed intentional program violation. If the accused individual is to be disqualified, it shall state the program(s) for which disqualification shall be implemented and the length of the disqualification period to be imposed.

(F) The individual and authorized representative shall be provided with a written administrative disqualification hearing decision via JFS 04007 "Administrative Disqualification Hearing Decision" (rev. 9/1994). A copy of the decision shall be sent to the local agency.

When the disqualification hearing is combined with a state hearing, a separate decision shall be issued for the state hearing issue(s) in accordance with rule 5101:6-7-01 of the Administrative Code, using the JFS 04005 "State Hearing Decision" (rev. 3/2003).

(G) The administrative disqualification hearing decision, together with documents introduced at the hearing and all papers and requests filed in the proceeding, shall constitute the exclusive record. The hearing record shall be compiled and maintained by the bureau of state hearings in accordance with applicable record retention requirements and made available for review by the individual and authorized representative.

(H) State hearings shall maintain a library of all administrative disqualification hearing decisions. The decisions shall be available for public inspection and copying, subject to applicable disclosure safeguards.

(I) Administrative disqualification hearing decisions shall be binding on the local agency for the individual case for which the decision was rendered.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 4/1/84 (Temp), 6/1/84, 9/1/94, 5/15/99, 6/1/03, 9/1/08

5101:6-20-17 State hearings: implementation of the administrative disqualification hearing decision.

(A) Disqualification

(1) When the hearing decision finds that the accused individual has committed intentional program violation, he or she shall be disqualified in accordance with rule 5101:6-20-03 of the Administrative Code.

(2) Prior to implementing the disqualification, the local agency shall provide the individual a JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 5/2001), in accordance with rule 5101:6-20-18 of the Administrative Code.

(3) The disqualification period shall be implemented as follows:

(a) For Ohio works first (OWF) and prevention, retention and contingency

(PRC) , the period shall begin no later than the first day of the second month following the date the JFS 04062 is mailed.

(b) For food assistance, the period shall begin with the first month which follows the date the JFS 04062 is mailed.

(B) Compliance

(1) The local agency is responsible for promptly and fully implementing adverse administrative disqualification hearing decisions. State hearings is responsible for monitoring timely compliance.

(2) When an administrative disqualification hearing decision finds intentional program violation, the "compliance required" box on the decision form shall be checked, and a JFS 04068 "State Hearing Compliance" (rev. 5/2001), shall be sent to the local agency with the decision.

(3) After implementing the disqualification, the local agency shall promptly notify the bureau of state hearings of the action taken, using the JFS 04068.

(4) Compliance shall be considered achieved on the date the disqualification is reflected in the assistance group's benefits.

(5) If the individual is not eligible for the program at the time the disqualification period is to begin, the local agency shall report that fact on the JFS 04068 and compliance shall be considered achieved.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 4/1/90, 9/1/94, 5/15/99, 6/1/03, 9/1/08

5101:6-20-18 State hearings: notice of disqualification for intentional program violation.

(A) The local agency shall provide an individual found to have committed intentional program violation a written notice of disqualification.

(1) If more than one member of an assistance group is to be disqualified, a separate disqualification notice shall be provided to each individual.

(2) A copy of the disqualification notice shall also be sent to state hearings and to the appropriate fraud control specialist.

(B) The notice shall be mailed or personally delivered no later than five workdays after the local agency's receipt of the administrative disqualification hearing decision, court decision, waiver or consent agreement upon which disqualification is to be based.

(C) The notice shall include the following:

(1) The name of the individual to be disqualified.

(2) The program(s) from which the individual is to be disqualified.

(3) The basis for the disqualification.

(4) The effective date and period of disqualification.

(5) A statement that the disqualification period will begin at once, regardless of whether the individual is currently receiving benefits.

(6) Notice to the remaining assistance group members, if any, of the benefits they will receive during the disqualification period.

In the food assistance program, the notice may alternatively inform the remaining assistance group members that they must reapply because the certification period has expired.

(D) The disqualification notice shall be accompanied by a JFS 07442 "Food Assistance Repayment Agreement" (rev. 11/2008), or the computer-generated equivalent, unless that form has already been provided.

(E) In all instances, the JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 5/2001), shall be used.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 4/1/84 (Temp), 6/1/84, 8/1/84 (Emer), 10/20/84, 9/1/94, 6/1/96, 10/1/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-19 Opportunity for appeal of an administrative disqualification.

(A) No further administrative appeal procedures exist after an adverse administrative disqualification hearing decision or after the individual waives the right to an administrative disqualification hearing and a disqualification penalty has been imposed.

(B) The disqualification penalty cannot be changed by a subsequent state hearing decision.

(C) Individuals who disagree with an administrative disqualification hearing decision have the right to appeal that decision to the court of common pleas, in accordance with rule 5101:6-9-01 of the Administrative Code.

(D) If the determination of intentional program violation is reversed by a court, the local agency shall reinstate the individual in the program(s) from which he or she was disqualified, if otherwise eligible, and shall restore benefits that were lost as a result of disqualification. Compliance with these decisions shall be monitored by the bureau of state hearings.

R.C. 119.032 review dates: 11/18/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 9/1/94, 6/1/03, 9/1/08

5101:6-20-30 State hearings: waiver of administrative disqualification hearing.

(A) An individual suspected of having committed an intentional program violation shall be provided written notice that he or she can waive the right to an administrative disqualification hearing.

(1) The local agency shall provide the notice at least fifteen days prior to referring the case to Ohio department of job and family services (ODJFS) for an administrative disqualification hearing.

Prior to providing notice, the local agency shall ensure, through a review by someone other than the eligibility worker assigned to the individual's case, that the evidence against the individual warrants disqualification.

In cases where reliable information indicates that the individual has left the project area, the waiver notice may be mailed, to the accused individual's last known address, at the same time the referral is sent to ODJFS.

(2) State hearings shall also provide the notice along with the advance notice of the administrative disqualification hearing.

(B) The notice shall be accompanied by JFS 04058 "Explanation of Administrative Disqualification Hearing Procedures" (rev. 5/2002).

(C) The waiver notice, in conjunction with the JFS 04058, shall include the following:

(1) A statement of the charges against the individual.

(2) A summary of the evidence, and how and where the evidence can be examined.

(3) A description of the penalties for intentional program violation and a statement of which penalty is applicable to the individual.

(4) For notice sent by the local agency prior to referral, the time period within which the signed waiver must be received by the local agency to prevent initiation of the referral.

(5) A statement that the head of the assistance group must also sign the waiver when the accused individual is not the head of the assistance group.

(6) A statement that the accused individual has the right to remain silent concerning the charges, and that anything said or signed by the individual concerning the charges can be used against the individual in a court of law.

(7) An opportunity for the accused individual to specify whether or not he or she admits to the facts as presented by the local agency.

(8) A statement that signing the waiver will result in disqualification and a reduction in benefits for the period of disqualification, even if the accused individual does not admit to the facts as presented by the local agency.

(9) A statement that the waiver does not preclude collection of the fraudulent overpayment/overissuance.

(10) For food assistance, each person who was an adult member of the assistance group when the overpayment or trafficking occurred is responsible for repayment of the overpayment/overissuance.

(11) The name and telephone number of the person to contact for more information.

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

(13) A statement that the individual may obtain a copy of the department's published hearing rules from the local agency upon request.

(D) In all instances, the JFS 04026 "Waiver of Administrative Disqualification Hearing" (rev. 5/2001), shall be used.

(E) To waive the disqualification hearing, the accused individual must sign and return the waiver so that it is received by the local agency or by state hearings prior to the disqualification hearing.

(F) When the individual suspected of intentional program violation signs and returns the JFS 04026 so that it is received prior to the disqualification hearing, the local agency shall disqualify the individual in accordance with rule 5101:6-20-03 of the Administrative Code, regardless of whether or not the individual admits to the facts as presented by the local agency.

A copy of the JFS 04026 shall be filed in the individual's case record.

(G) Prior to implementing the disqualification, the local agency shall provide the individual a JFS 04062 ""Notice of Disqualification for Intentional Program Violation" (rev. 5/2001), in accordance with rule 5101:6-20-18 of the Administrative Code.

(H) The disqualification period shall be implemented as follows:

(1) For Ohio works first (OWF) and prevention, retention and contingency (PRC), the period shall begin no later than the first day of the second month following the date the JFS 04062 is mailed.

(2) For food assistance, the period shall begin with the first month which follows the date the JFS 04062 is mailed.

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
Prior Effective Dates: 8/1/83, 8/1/84 (Emer), 10/20/84, 9/1/94, 10/1/96, 5/15/99, 6/1/03, 9/1/08

5101:6-20-40 State hearings: disqualification consent agreement.

(A) The local agency has the option of establishing procedures to allow an individual suspected of intentional program violation to sign a disqualification consent agreement. Local agencies are encouraged to use this option for those cases in which a determination of guilt is not obtained from a court because:

(1) The accused individual has met the terms of a court order.

(2) The accused individual was not prosecuted because he or she met the terms of an agreement with the prosecutor.

(B) Those counties that choose this option shall enter into an agreement with the county prosecutor that provides for giving the individual advance written notification of the consequences of signing a disqualification consent agreement.

(C) The disqualification consent agreement shall include the following:

(1) For individuals accused of committing intentional program violation in the Ohio works first (OWF) and prevention, retention and contingency (PRC) programs, a statement that signing the agreement constitutes an admission of guilt.

(2) A statement for the accused individual to sign indicating that he or she understands the consequences of signing the agreement.

(3) A statement that the head of the assistance group must also sign the agreement if the accused individual is not the head of the assistance group.

(4) A statement that signing the agreement will result in disqualification and a reduction in benefits for the period of disqualification, even though the individual was not found guilty of civil or criminal misrepresentation or fraud.

(5) A description of the penalties for intentional program violation, and a statement of which penalty or penalties will be imposed if the individual signs the agreement.

(6) For food assistance, each person who was an adult member of the assistance group when the overpayment or trafficking occurred is responsible for repayment of the overpayment/overissuance.

(D) In the OWF and PRC programs, the disqualification consent agreement must be confirmed by the court.

(E) The local agency may use the JFS 04027 "Disqualification Consent Agreement" (rev. 5/2002) or a similar, county-developed form which meets the requirements of this rule.

(F) When signed, a copy of the disqualification consent agreement shall be given to the individual, a copy provided to the local agency to be filed in the individual's case record, and a copy sent state hearings.

(G) When the individual suspected of intentional program violation signs a disqualification consent agreement, he or she shall be disqualified in accordance with rule 5101:6-20-03 of the Administrative Code, unless contrary to the court order.

(H) Prior to implementing the disqualification, the local agency shall provide the individual a JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 5/2001), in accordance with rule 5101:6-20-18 of the Administrative Code.

(I) The disqualification period shall be implemented as follows:

(1) For OWF and PRC, the period shall begin no later than the first day of the second month following the date the JFS 04062 is mailed.

(2) For food assistance, the period shall begin within forty-five days of the date the individual signed the disqualification consent agreement.

(3) If the court imposes a disqualification period or specifies the date for initiating the disqualification period, the county agency shall disqualify the individual in accordance with the court order.

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
Prior Effective Dates: 8/1/83, 5/1/85, 9/1/94, 5/19/99, 6/1/03, 9/1/08

5101:6-20-50 State hearings: disqualification from the food assistance program based on court action.

(A) If a court finds that an individual committed an intentional program violation, the local agency shall disqualify the individual in accordance with the court order.

(B) Prior to implementing the disqualification, the local agency shall provide the individual a JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 5/2001), in accordance with rule 5101:6-20-18 of the Administrative Code.

(C) If the court fails to impose a disqualification or a disqualification period, the local agency shall impose a disqualification period, in accordance with rule 5101:6-20-03 of the Administrative Code, unless contrary to the court order.

(D) If the court orders disqualification but fails to specify a date for initiating the disqualification period, the period shall begin within forty-five days of the date of the court order.

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
Prior Effective Dates: 6/20/80, 10/1/81, 5/1/82, 8/1/83, 4/1/84 (Temp), 6/1/84, 9/1/94, 6/1/96, 5/15/99, 4/1/00, 6/1/03, 9/1/08