Chapter 5101:4-1 | General Provisions

Rule 5101:4-1-03 | Food assistance: definitions.

• Effective: October 1, 2024
• Promulgated Under: 111.15

(A) This rule describes the terms and meanings used to administer the supplemental nutrition assistance program (SNAP), formerly known as the food assistance program. Unless otherwise noted, the definitions in this rule apply throughout division 5101:4 of the Administrative Code. These definitions are not intended to fully explain or to limit the scope of any action in the administration of the program.

(B) Definition:

(1) "Allotment" means the total value of SNAP benefits an assistance group is authorized to receive during each month or other time period. The allotment may be issued in the form of a check (cash-out) or electronic benefit transfer (EBT).

(2) JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or Child Care Assistance" means the document utilized by the state of Ohio as an application for cash, food, and medical assistance. It is also a screening device for determining entitlement to expedited SNAP benefits. It is the beginning step in the application process and is used in conjunction with the interactive interview.

(3) "Assessment" means an in-depth evaluation of employability skills coupled with counseling on how and where to search for employment.

(4) "Assistance group" means those persons potentially eligible or determined eligible to receive benefits together under one assistance group name. This was formerly referred to as the SNAP household.

(5) "Assistance group name" means the case name. All assistance groups will have an assistance group name. The assistance group name may but does not have to be the applicant. The person designated as the assistance group name will be the person to receive all notices and will assume all responsibilities such as reviewing the application form for completeness and validity, signing and dating the application, participating in the interactive interview and accepting the program rights and responsibilities unless the assistance group has designated an authorized representative to apply on their behalf.

(6) "Assistance group payee" means a person who is designated to receive the benefits for an assistance group. The person who is the assistance group name will be the payee unless the assistance group has an authorized representative to receive the benefits. There will only be one assistance group payee per assistance group and benefits will only be issued to this person.

(7) "Beneficiary and earnings data exchange (BENDEX)" means the system that is used to verify social security benefit information.

(8) "Case file or case record" means all program information, verification, application, forms, notices and journal entries used to make an eligibility determination for the assistance group.

(9) "Case Worksheet-Cash, Food Stamp, and Medical Assistance Interview (JFS 01846)" means the document which is utilized by the state of Ohio to gather data for the cash, food, and medical assistance programs for home visits and telephone interviews when the statewide automated eligibility system is unavailable. The applicant is to acknowledge the information on the form by signing and dating the form.

(10) "Code of Federal Regulations (CFR)" means the codification of the rules published in the Federal Register by the U. S. government.

(11) "Date of entry" means the date established by U.S. citizenship and immigration services (USCIS) as the date an alien was admitted into the United States.

(12) "Department of housing and urban development (HUD)" means a governmental agency that provides housing to low-income households.

(13) "Drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private nonprofit organization or institution, or publicly operated community mental health center, under part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x) (1992).

(14) "Elderly or disabled member" means a member of an assistance group who:

(a) Is sixty years of age or older;

(b) Receives supplemental security income benefits under Title XVI of the Social Security Act of 1935 or disability or blindness payments under Title I, II, X, XIV, or XVI of the Social Security Act;

(c) Is a veteran with a service-connected or nonservice-connected disability rated by the veterans administration as total or paid as total under Title 38 of the United States Code (U.S.C.) (2002);

(d) Is considered in need of regular aid and attendance or permanently housebound under such title of the code;

(e) Is a surviving spouse of a veteran and considered by the veterans administration to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the veterans administration to be permanently incapable of self-support under Title 38 of the U.S.C.;

(f) Is a surviving spouse or surviving child of a veteran and considered by the veterans administration to be entitled to compensation for a service-connected death or pension benefits for a nonservice-connected death under Title 38 of the U.S.C. and has a disability considered permanent under section 221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not receiving them;

(g) Receives federally or state-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

(h) Receives disability retirement benefits from a governmental agency because of disability considered permanent under section 221(i) of the Social Security Act;

(i) Received an annuity payment under section (2)(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive medicare by the railroad retirement board; or section (2)(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act;

(j) Is a recipient of interim assistance benefits pending the receipt of supplemental security income; or

(k) Receives federally or state administered supplemental benefits under section 212(a) of P.L. No. 93.66, 42 U.S.C. 1382, (12/2013).

(15) "Eligibility determination/benefit calculation (ED/BC)" means the automated process of determining eligibility and the level of benefits by the statewide automated eligibility system which is based on data entered into the system.

(16) "Eligibility worker" means an employee of the county agency responsible for determining eligibility for SNAP.

(17) "Eligible foods" means:

(a) Any food or food product intended for human consumption except alcoholic beverages, tobacco, hot foods, hot food products prepared for immediate consumption;

(b) Seeds and plants to grow foods for the personal consumption of eligible assistance groups;

(c) Meals prepared and delivered by an authorized meal delivery service;

(d) Meals served by a communal dining facility for the elderly and their spouses, disabled recipients who receive social security or supplemental security income (SSI) and their spouses, and to homeless assistance groups;

(e) Meals prepared and served by an authorized drug addict or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and their children who live with them;

(f) Meals prepared and served by a group living arrangement facility to residents who are blind or disabled as defined in paragraphs (B) (15)(b) to (B) (15)(k) of this rule;

(g) Meals prepared and served by a shelter for battered individuals and children to its eligible residents;

(h) Meals prepared and served by an authorized public or private nonprofit establishment (e.g., soup kitchen, temporary shelter), as determined by the county agency, which provides meals on a regular basis to homeless persons; and

(i) Container deposit fee necessary to purchase any food or food product contained in a returnable bottle, can or other container, regardless of whether the fee is included in the shelf price posted for the food or food product, as long as the amount does not exceed the state's container deposit fee.

(18) "Food and nutrition service (FNS)" means the federal agency of the United States department of agriculture (USDA) responsible for the overall administration of the SNAP program.

(19) "Guardian" means, an individual that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a child under the age of eighteen to the extent provided in the court's order and subject to residual parental rights of the child's parents.

(20) "Guardianship payments" means a payment made to a person who becomes a legal guardian of a child under the age of eighteen that can include:

(a) Kinship care payments which enables children and families to remain connected to their family of origin; or

(b) Subsidized guardianship payments for foster care which enables children who cannot be adopted, and do not live with relatives, to have a greater degree of permanency.

(21) "Group home" means a public or private nonprofit residential setting that provides its residents with a majority of their meals (over fifty per cent of their meals daily), has no more than sixteen residents, and is certified by a public agency of the state of Ohio under section 1616(e) of the Social Security Act, or under standards determined by the secretary of the United States department of agriculture to be comparable to standards implemented by appropriate state agencies under section 1616(e) of the Social Security Act. In accordance with rule 5101:4-6-26 of the Administrative Code to be eligible, for SNAP benefits, a resident of the group home is to be blind or disabled as defined in paragraphs (B)(15)(b) to (B)(15(k) of this rule.

(22) "Group living arrangement" means the same as a group home.

(23) "Homeless individual" means an individual who lacks a fixed and regular night time residence or an individual whose primary night time residence is:

(a) A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);

(b) A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;

(c) A night time residence which is a temporary accommodation for no more than ninety days from the date the temporary accommodation began in the residence of another individual; or

(d) A place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places).

(24) "Homeless meal provider" means an authorized public or private establishment (e.g., soup kitchen, temporary shelter), which provides meals on a regular basis to homeless persons, as determined by the county agency.

(25) "Household" means a personal place of residence where persons live together at the same common address. The persons may but do not have to be related. Group homes and commercial establishments such as hotels or boarding houses are not included in this definition of household.

(26) "Income and Eligibility Verification System (IEVS)" means a system of information acquisition and exchange for purposes of income and eligibility verification which meets the requirements of section 1137 of the Social Security Act.

(27) "Interactive interview" means the interview between the eligibility worker and the applicant to discuss eligibility information to determine benefits. The interview may be conducted face-to-face, by telephone or a home visit.

(28) "Internal revenue service (IRS)" means the federal agency responsible for the administration of governmental income from taxes, including collection of taxes and enforcement of tax laws.

(29) "Kinship support payments" means the payment that is received by caretakers for children in accordance with rule 5101:2-42-18.2 of the Administrative Code.

(30) "Management evaluation (ME) review," means an analysis conducted to determine if a county is administering and operating the SNAP program in accordance with program requirements.

(31) "Minimum benefit" means the lowest full monthly amount of SNAP that an eligible one or two person assistance group may receive. By law, this amount is eight per cent of the maximum allotment for an assistance group containing one member, rounded to the nearest dollar.

(32) "Non-assistance" means an assistance group that participates in the SNAP program but at least one of its members does not receive public assistance.

(33) "Ohio works first (OWF)" means a program funded under Title IV-A of the Social Security Act. This program was formerly referred to as the "TANF program" and the "ADC program."

(34) "Ohio works first (OWF) recipient" means any person who receives an OWF payment, in accordance with paragraph (E) of rule 5101:1-23-01 of the Administrative Code.

(35) "Overpayment" means the amount by which benefits issued to an assistance group exceed the amount the assistance group was eligible to receive.

(36) "Public assistance (PA)" means any of the following programs authorized by the Social Security Act: old-age assistance; TANF funded under Title IV-A of the Social Security Act; aid to the blind; aid to the permanently and totally disabled; and aid to the aged, blind, or disabled.

(37) "Quality control (QC) review" means a review of a statistically valid sample of active and negative cases to determine the extent to which households are receiving the SNAP allotments to which they are entitled, and to determine the extent to which decisions to deny, suspend or terminate cases are correct.

(38) "Retail food store" means an establishment or recognized department of an establishment, or a house-to-house trade route, whose eligible food sales volume as determined by visual inspection, sales records, or other methods that are customary or reasonable in the retail food industry, is more than fifty per cent staple food items for home preparation and consumption; public or private communal dining facilities and meal delivery services; private nonprofit drug addict or alcoholic treatment and rehabilitation programs; publicly operated community mental health centers for drug addicts and/or alcoholics; public or private nonprofit group living arrangements; public or private nonprofit shelters for battered women and children; public or private establishments approved by an appropriate state or local agency that feeds homeless persons; any private nonprofit cooperative food purchasing venture, including those whose members pay for food prior to receipt of the food; and a farmer's market.

(39) "Shelter for battered individuals and children" means a public or private nonprofit residential facility that serves battered individuals and their children. When such a facility serves other individuals, a portion of the facility is to be set aside on a long-term basis to serve only battered individuals and their children.

(40) "SNAP program" means a program designed to promote general welfare and to safeguard the health and well-being of the nation's population by raising the levels of nutrition among low-income households.

(41) "Social security administration (SSA)" means the federal agency responsible for the administration of benefits for retirement, survivors', or disability benefits.

(42) "Spouse" means:

(a) Those defined as married to each other under applicable state law and those required to be recognized as married pursuant to the United States supreme court decision in Obergefell v. Hodges, 576 U.S., 135 S. Ct. 2584 (2015); or

(b) Those who are living together and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or tradespeople. Since October 10, 1991 Ohio has not recognized common law marriages so only couples established as a common law marriage prior to October 10, 1991 fall under this definition.

(43) "State agency" means the Ohio department of job and family services, including the local offices, that have the responsibility for the administration of the federally aided public assistance programs within the state.

(44) "State data exchange (SDX)" means the system used to verify supplemental security income (SSI) benefits.

(45) "Statewide automated eligibility system" means the centralized automated system that supports all eighty-eight county agencies.

(46) "Substantial lottery or gambling winnings" means a cash prize won in a single game before taxes or other withholdings are taken that is equal to or greater than the maximum allowable financial resource limit for elderly or disabled households as outlined in rule 5101:4-4-01 of the Administrative Code. In Ohio this may include but is not limited to payouts from casinos, racinos, slot machines, poker, and keno and other forms of gambling. All assistance groups are subject to report lottery or gambling winnings equal to or greater than the limit defined in rule 5101:4-4-01 of the Administrative Code. Resource limits are reviewed and adjusted annually; a food assistance transmittal letter is issued notifying the county agencies of the updated amounts. Division 3770:1 of the Administrative Code describes the types of lottery permitted in Ohio. Section 2915.01 of the Revised Code defines gambling as permitted in Ohio. This is not limited to substantial lottery or gambling winnings won only in Ohio.

(47) "Supplemental security income (SSI)" means cash payments made under the authority of Title XVI of the Social Security Act, to the aged, blind, and disabled; or section 1616(a) of the Social Security Act.

(48) "Supplemental security income (SSI) recipient" means a person who receives SSI payments, whose entire SSI grant is being recouped, whose SSI case is in suspended status, or whose SSI has been authorized but payment has yet to be received.

(49) "Systematic alien verification for entitlements (SAVE)" means the U.S. citizenship and immigration services (USCIS) whereby county agencies may verify the validity of documents provided by aliens applying for SNAP benefits by obtaining information from a central data file.

(50) "Temporary assistance for needy families (TANF)" means a program funded under Title IV-A of the Social Security Act. This is the title used in federal legislation and regulations. Ohio has adopted the title "Ohio works first (OWF)" for its Title IV-A cash assistance program and the "prevention, retention, and contingency program (PRC)" for its benefits and services program.

(51) "Thrifty food plan" means one of four food plans developed by the United States department of agriculture that estimates the cost of a healthy diet across various price points. The thrifty food plan is the lowest cost of the four. It represents a nutritious, practical, cost-effective diet prepared at home for a "reference" family, which is defined in federal law as an adult male and female, ages twenty to fifty, and two children, ages six to eight and nine to eleven. It is the basis for SNAP allotments.

(52) "U.S. citizenship and immigration service (USCIS)" (formerly known as the immigration and naturalization service) is an agency under the department of homeland security.

(53) "United States department of agriculture (USDA)" means the federal agency responsible for overseeing the SNAP program.

(54) "Workforce Innovation and Opportunity Act (WIOA)" means the legislation providing funding for job training, adult education, education for youths, employment for dislocated workers, and vocational rehabilitation. This legislation was formerly administered by the Workforce Investment Act of 1998.

Last updated October 1, 2024 at 9:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54, 5101.884
Five Year Review Date: 4/1/2026
Prior Effective Dates: 12/1/1980, 2/1/1984 (Temp.), 2/16/1984 (Temp.), 6/22/1987, 9/28/1987, 1/1/1988 (Emer.), 2/26/1988, 3/24/1988 (Emer.), 10/1/1989 (Emer.), 1/5/1990 (Emer.), 2/3/1992, 6/1/1993, 10/17/1994, 12/1/1994 (Emer.), 10/13/1995, 2/1/1996, 7/15/1999, 5/2/2005, 8/1/2010

Rule 5101:4-1-04 | Food assistance: benefit issuance and use.

• Effective: June 1, 2021
• Promulgated Under: 111.15

(A) How are supplemental nutrition assistance program (SNAP) benefits issued?

SNAP benefits are issued to assistance groups on an electronic benefit transfer (EBT) card using a direct access system known as an EBT on-line system.

(B) What can assistance groups use SNAP benefits for?

SNAP benefits can be used by assistance group members to purchase eligible foods, including seeds and plants, for home consumption and use. Items allowed to be purchased with the EBT card are established by the United States department of agriculture (USDA) food and nutrition service (FNS) and are described in rule 5101:4-1-03 of the Administrative Code.

(C) Must an applicant have a place to prepare food to be eligible for SNAP benefits?

Assistance groups are not required to have cooking facilities or access to cooking facilities to be eligible for SNAP benefits.

(D) Where can an EBT card be used?

Local FNS field offices are responsible for the licensing and monitoring of retail food stores participating in the SNAP program. FNS will authorize participation of:

(1) Retail food outlets;

(2) Communal dining facilities;

(3) Meals on wheels programs;

(4) Drug and alcohol treatment centers;

(5) Residents of group living arrangements;

(6) Cooperatives;

(7) Homeless meal providers, including soup kitchens;

(8) Shelters for battered persons and children.

(E) What is a communal dining facility?

A communal dining facility is a public or nonprofit establishment, authorized by FNS, which prepares and serves meals for elderly persons or supplemental security income (SSI) recipients and their spouses. It also includes senior citizens' centers, apartment buildings occupied primarily by the elderly or SSI recipients and their spouses, or private nonprofit establishments (eating or otherwise) that feed elderly persons or SSI recipients and their spouses, and federally subsidized housing for the elderly at which meals are prepared for and served to the residents.

(F) What is a meals on wheels program?

A meals on wheels program is a nonprofit meal delivery service authorized to be a retailer that delivers meals to individuals who are sixty years of age or over, housebound, physically handicapped, or otherwise disabled to the extent they are unable to adequately prepare all their meals. Eligible assistance group members and their spouses may use benefits to purchase meals from a meals on wheels program.

(G) What is a cooperative?

A cooperative is a private nonprofit food purchasing venture authorized by FNS, which allows members to pool their resources to buy food. It also may allow members to pay for food prior to its receipt.

Last updated June 1, 2021 at 9:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 6/1/2026
Prior Effective Dates: 6/12/1983, 3/24/1988 (Emer.), 8/1/2005, 1/1/2011

Rule 5101:4-1-05 | Food assistance: personnel standards, bilingual staff and materials, records and reports.

• Effective: October 1, 2020
• Promulgated Under: 111.15

(A) What are the personnel standards?

(1) County agency personnel used in the certification process shall be employed in accordance with the current standards for the merit system of personnel administration or any standards later prescribed by the United States civil service commission under section 208 of the Intergovernmental Personnel Act of 1970. County agency employees meeting the requirements of this paragraph shall perform the interview required by rule 5101:4-2-07 of the Administrative Code. Volunteers and other non-county agency employees are not to conduct certification interviews or certify supplemental nutrition assistance program (SNAP) applicants.

(2) Supplemental security income (SSI) assistance groups certified under the joint processing requirements and disaster victims applying under emergency eligibility standards authorized by the United States department of agriculture food and nutrition services (FNS) may be certified by personnel who are not under the state merit personnel system.

(3) County agencies are encouraged to use volunteers in related activities such as: outreach, prescreening, assisting applicants in the application and certification process, and securing needed verification.

(4) Individuals and organizations who are parties to a strike or lockout may not be used in the certification process except as a source of verification of information supplied by the applicant.

(5) Only authorized employees of the state, county agencies, electronic benefit transfer (EBT) card issuers, and federal employees involved in administration of the program are to be permitted access to issuance documents.

(6) Any individuals involved in a work activity program who have access to the statewide automated eligibility system will be subject to existing confidentiality regulations. Work experience program (WEP) participants who work at the county agency will be fully informed of confidentiality provisions and are to sign a nondisclosure pledge. County agencies are to follow their own policies and procedures regarding confidentiality issues.

(7) The county agency shall employ sufficient staff to certify and issue benefits to eligible assistance groups and process fair hearing requests within the timeliness standards. Outreach activities and other program functions must also be performed as specified.

(B) What are the requirements for bilingual staff and certification materials?

(1) Based on the estimated total number of low-income assistance groups in a county speaking the same non-English language (a single language minority), the county agency shall provide bilingual program information and certification materials, and staff or interpreters. "Single language minority" refers to assistance groups speaking the same non-English language and do not contain adult(s) fluent in English as a second language.

(2) The county agency shall provide certification materials used in program informational activities in the appropriate language(s) as follows:

(a) In counties with less than two thousand low-income assistance groups, when approximately one hundred or more of those assistance groups are of a single language minority;

(b) In counties with two thousand or more low-income assistance groups, when five per cent or more of those assistance groups are of a single language minority; or

(c) In counties with bilingual county agency staff.

(3) The county agency shall provide both certification materials in the appropriate language and bilingual staff or interpreters when they provide service to over one hundred single language minority low-income assistance groups, or when the county has a total of less than one hundred low-income assistance groups and a majority of those assistance groups are of a single language minority.

(a) Certification materials shall include the SNAP application form, change report form, and notices to assistance groups.

(b) When notices are required in only one language other than English, notices may be printed in English on one side and in the other language on the reverse side. When the county agency is required to use several languages, the notice may be printed in English and may contain statements in other languages summarizing the purpose of the notice and the telephone number (toll-free number or a number where collect calls will be accepted for assistance groups outside the local calling area) the assistance group may call to receive additional information.

(4) In counties with a seasonal influx of non-English speaking assistance groups, the county agency shall provide bilingual materials and staff or interpreters as required when, during the seasonal influx, enough single language minority, low-income assistance groups move into the area to trigger the requirements.

(5) The county agencies subject to the requirements of paragraph (B)(2) or (B)(3) of this rule shall provide sufficient bilingual staff or interpreters for the timely processing of non-English speaking applicants.

(C) What are the requirements for maintaining records and reports?

(1) Each county agency shall keep such records and submit such reports and other information as required by the Ohio department of job and family services (ODJFS). Each county agency shall retain all program records in an orderly fashion for audit and review purposes.

(2) Program records shall be retained in an automated system or manually for a period of three years from the month of origin of each record. These records include applications for certification or recertification, including required FNS or state agency forms: work sheets used in the computation of income for eligibility and benefit level; documentation including verification techniques employed by the eligibility worker; copies of forms sent to the issuance unit authorizing or changing participation or basis of issuance; and copies of notices of adverse action and other notices sent to the client. County agencies shall also retain responses received from applicants, fair hearing decisions, reconsiderations, and copies of compliance reports completed by the county agency.

(3) The county agency shall retain fiscal records and accountable documents in an automated system or manually for three years from the date of fiscal or administrative closure. Such records include, but are not limited to, claims and documentation of lost benefits. "Fiscal closure" means the obligation for or against the federal government has been liquidated. "Administrative closure" means no further action to eliminate the obligation is appropriate. Acceptable alternative retention methods for issuance documents are provided in rules 5101:9-9-21 to 5101:9-9-21.1 of the Administrative Code.

(4) All other records and reports not otherwise mentioned above shall be retained indefinitely unless prior approval for destruction has been received from the ODJFS office of legal services.

(5) All county-published forms that do not exactly duplicate the format of state-approved forms require the approval of the ODJFS, food assistance policy section prior to their use. No state hearing form shall deviate from copies of forms in the "State Hearings Manual," or their statewide automated eligibility system equivalents, unless prior approved by ODJFS.

(6) In order to safeguard certification and issuance records, the county agency shall establish an organizational structure dividing responsibility for eligibility determinations and SNAP benefit issuance among certification, data management, and issuance units.

(7) Under the Food and Nutrition Act of 2008, each state agency is responsible for determining and reporting certification error rates as calculated by the state's quality control subsystem that is one part of the performance reporting system (along with the management evaluation program). State quality control reviews must be conducted in accordance with the provisions of 7 CFR sections 275.10 to 275.14 (6/2010) as well as the material contained in the "FNS Handbook" section 310.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 10/1/2025
Prior Effective Dates: 6/1/2001 (Emer.)

Rule 5101:4-1-13 | Food assistance: availability of information, program administration, office operations, and income eligibility verification system information.

• Effective: March 1, 2023
• Promulgated Under: 111.15

(A) What information about the supplemental nutrition assistance program (SNAP) is the county agency to make available?

(1) State agency certification handbooks are to be made available for review upon request.

(2) The following posters are to be displayed in all county agencies:

(a) The "And Justice for All" poster (Form AD-475B) (9/2019). This poster may be downloaded from the United States department of agriculture food and nutrition service (FNS) web site at https://www.usda.gov/oascr/and-justice-all;

(b) The JFS 07207 "Your SNAP Rights" poster;

(c) The JFS 08048 "Your Civil Rights" poster; and

(d) The JFS 08083 "Do You Have a Disability" poster.

(3) Optional information to be made available:

(a) County agencies may make printed materials available such as pamphlets, fliers and posters that contain current basic information about the following items:

(i) Eligibility requirements and program benefits;

(ii) Application procedures including how to obtain and file applications;

(iii) The documentation required for completing applications;

(iv) Applicants' rights to receive applications when they are requested, file applications the day they are received, and receive benefits (if determined to be eligible) within thirty days of filing applications;

(v) Expedited service;

(vi) Fair hearings;

(vii) Out-of-office interview provisions;

(viii) Procedures for filing a complaint;

(ix) The locations and hours of operation of the county agency; and

(x) A telephone number where information on filing complaints and the location and hours of service may be obtained in lieu of providing this information in printed form.

(b) When this material is made available, it is to be available in languages other than English as outlined in rule 5101:4-1-05 of the Administrative Code and is to include the SNAP program nondiscrimination statement.

(B) What procedures shall a county agency establish to administer the SNAP program?

(1) County agencies are responsible for setting their hours of operation. In doing so, county agencies shall take into account the special needs of the populations they serve, such as, but not limited to assistance groups:

(a) Containing a working person;

(b) With elderly, disabled, or medically fragile members;

(c) Residing in rural areas with low-income members;

(d) Containing homeless individuals;

(e) Residing on reservations; and

(f) With adult members who are not proficient in English.

(2) The county agency shall have a procedure for informing persons who wish to apply for SNAP about the application process and their rights and responsibilities.

(3) The county agency shall provide timely, accurate, and fair service to applicants and participants of the SNAP program. The county agency shall base SNAP eligibility solely on the criteria contained in the Food and Nutrition Act of 2008 and this certification handbook. The county agency shall not impose additional application or application processing requirements as a condition of eligibility.

(4) County agencies are encouraged to inform applicant and participant assistance groups about the importance of a nutritious diet and the relationship between diet and health. The Ohio department of job and family services (ODJFS) contracts with a vendor to provide nutrition education in several counties throughout the state.

(C) What are the requirements for the use or disclosure of case file information to persons not part of the assistance group?

Persons not part of the assistance group shall be restricted to information based on the following conditions:

(1) The following persons are provided case file information without being required to make a written request:

(a) Persons directly connected with the administration or enforcement of the provisions of the Food and Nutrition Act or regulations, other federal assistance programs, or federally assisted state programs that provide assistance on a means-tested basis to low-income individuals or local or state Ohio works first (OWF) assistance programs. Examples are medicaid and supplemental security income (SSI) program personnel, persons directly connected with nutrition education and program information efforts, state and local personnel connected with the emergency food assistance program (TEFAP), local county prosecutors investigating possible SNAP fraud, officials from the office of inspector general, auditor of state's office, ODJFS bureau of external audits, and management evaluation (ME) and quality assurance (QA) reviewers;

(b) Employees of the comptroller general's office of the United States for audit examination authorized by any other provision of law;

(c) Persons directly connected with the administration or enforcement of the programs that are required to participate in the income and eligibility verification system (IEVS) in accordance with rule 5101:4-7-09 of the Administrative Code, to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs;

(d) Persons directly connected with the administration of the child support program under part D, Title IV (42 USC 651, 8/1996) of the Social Security Act of 1935 in order to assist in the administration of that program, and employees of the secretary of health and human services as necessary to assist in establishing or verifying eligibility or benefits under Titles II (42 USC 401, 3/2004) and XVI (42 USC 1381, 3/1995) of the Social Security Act; and

(e) Persons directly connected with the verification of immigration status of aliens applying for SNAP benefits, through the systematic alien verification for entitlements (SAVE) program, to the extent the information is necessary to identify the individual for verification purposes.

(f) Local educational agencies administering the national school lunch program established under the Richard B. Russell National School Lunch Act (12/2019) or the school breakfast program established under the Child Nutrition Act of 1966 (12/2010), for the purpose of directly certifying the eligibility of school-aged children for receipt of free meals under the school lunch and school breakfast programs based on their receipt of SNAP benefits.

(2) The following persons are provided case file information upon written request:

(a) Persons indirectly connected with the enforcement of the provisions of the Food and Nutrition Act of 2008 or regulations, such as local, state or federal law enforcement officials, upon their written request for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 or regulations. Examples include: officials of the federal bureau of investigation, the United States secret service, department of homeland security (DHS) (unless the county agency initiated contact with DHS in accordance with rule 5101:4-3-07 of the Administrative Code), or other law enforcement agencies, when the investigation concerns an assistance group fraudulently obtaining benefits or otherwise violating the Food and Nutrition Act of 2008 or regulations. The written request shall include the identity of the individual requesting the information and his or her authority to do so, the violation being investigated, and the identity of the person on whom the information is requested. These requests must be made in writing prior to the disclosure.

(b) Local, state, or federal law enforcement officers, may present a request in writing for the address, social security number or photograph of any assistance group member who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the state of New Jersey, a high misdemeanor) in accordance with rule 5101:4-2-03 of the Administrative Code; or is violating a condition of probation or parole imposed under a federal, state, or county law in accordance with rule 5101:4-2-03 of the Administrative Code.

(i) The written request shall include the identity of the individual requesting the information and his or her authority to do so. The written request shall also include the identity of the individual who is suspected of fleeing, including but not limited to, the full name, date of birth, and documentation indicating the person is fleeing to avoid prosecution or custody for a felony (i.e. factual details, copies of the police incident report and a copy of the felony warrant that was issued), or has violated a condition of probation or parole (i.e. a copy of the alleged infraction and arrest warrant issued).

(ii) The county agency shall provide information regarding an assistance group member when a law enforcement officer is acting in his or her official capacity and presents a request in writing that includes the name of the person being sought, if the other assistance group member has information necessary for the apprehension or investigation of the other assistance group member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole imposed under federal or state law. The county agency shall disclose only such information as is necessary to comply with a specific written request of a law enforcement agency.

(iii) The county agency shall accept any document that reasonably establishes the identity of the assistance group member being sought by law enforcement authorities.

(iv) When a law enforcement officer provides written documentation indicating an assistance group member is fleeing to avoid prosecution or custody for a felony or has violated a condition of probation or parole for any of the reasons listed in this rule, the county agency shall determine the individual's eligibility in accordance with rule 5101:4-2-03 of the Administrative Code.

(3) In all other cases (including requests from law enforcement officials conducting non-SNAP related investigations), a waiver signed by the recipient on whom the information is requested must be secured by the county agency and retained in its files. The waiver shall be dated, include to whom the information is to be released, state what information is to be released (either itemizing or stating a general release of any information requested), and the period of time the release is intended to cover. The written request shall include the same information as specified in paragraph (C)(2) of this rule.

(4) When there is a written request by a responsible member of the assistance group, its currently authorized representative, or a person acting on its behalf, to review materials and information contained in its case file, the material and information contained in the case file shall be made available for inspection during normal business hours. However, the county agency may withhold confidential information, such as the names of individuals who have disclosed information about the assistance group without the assistance group's knowledge, or the nature or status of pending criminal prosecutions.

(D) How shall information be protected?

Recipients of information released under paragraph (C) of this rule must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in paragraph (C) of this rule. In addition, information received through IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider. Information released to the county agency pursuant to 26 U.S.C. 6103 (12/2020) shall be subject to the safeguards established by the secretary of the treasury in 26 U.S.C 6103 (12/2020) and implemented by the internal revenue service in its publication, "Tax Information Security Guidelines for Federal, State, and Local Agencies", Publication 1075 (11/2021).

(E) What is IEVS information and how is it used by the county agency?

An IEVS information match is a collection of wage and benefit information that has been requested by the ODJFS or county agencies.

(1) ODJFS has the authority to request benefits and wage information from the social security administration under provisions of 26 U.S.C. 6103 (l)(7)(A) (12/2020), the state wage information collection agency, the IRS pursuant to 26 U.S.C. 6103 (1)(7)(B) (12/2020), and the agency administering unemployment compensation benefits subject to the provision and limitations of 42 U.S.C. 503 (12/2013) and 7 CFR 272.8 (04/2019).

(2) The county agency shall use information obtained through IEVS in verifying eligibility and to determine the amount of SNAP benefits due to eligible assistance groups in accordance with rule 5101:4-7-09 of the Administrative Code.

(3) When not otherwise documented, the county agencies must obtain written agreements from these information provider agencies affirming that they must not record any information about individual SNAP assistance groups and that staff in those agencies are subject to the disclosure restrictions of the information provider agencies and 7 CFR 272.1(c) (12/2018).

Last updated March 1, 2023 at 8:44 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 3/1/2028
Prior Effective Dates: 3/1/1984 (Temp.), 6/1/1984, 8/1/1995 (Emer.), 12/21/1996, 10/6/2008

Rule 5101:4-1-15 | Food assistance: nondiscrimination and program complaints.

• Effective: July 1, 2024
• Promulgated Under: 111.15

This rule describes the process when an individual alleges discrimination as an applicant or recipient of the supplemental nutrition assistance program (SNAP) and/or has a complaint regarding the SNAP program.

(A) What is the nondiscrimination policy for SNAP?

Discrimination in any aspect of program administration is prohibited by program regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975 (PL 94-135), Title VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 as amended in 2008 by Pub. L. No.110-325 (42 U.S.C. 12101).

Enforcement action may be brought under any applicable federal law. Title VI complaints are to be processed in accord with 7 C.F.R. Part 15 (5/2003), United States department of agriculture's (USDA) regulations on nondiscrimination.

County agencies are not to discriminate against any applicant or participant in any aspect of program administration, including, but not limited to:

(1) The certification of assistance groups;

(2) The issuance of benefits;

(3) The conduct of fair hearings; or

(4) The conduct of any other program service for reasons of race, color, national origin, sex (including all federally protected classes pertaining to sex), age, disability, religion, political beliefs, or reprisal or retaliation for prior civil rights activity.

(B) What steps are to be followed when an individual believes they were subjected to discrimination?

An individual who believes they have been subject to discrimination may file a written complaint with the USDA, the Ohio department of job and family services (ODJFS), bureau of civil rights and/or the local county agency.

(1) To file a complaint of discrimination with the USDA, an individual may:

(a) Complete the USDA "Program Discrimination Complaint Form," (AD-3027) (1/19/12) found online https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, at any USDA office, or may be requested from the USDA by calling [phone]; or

(b) Submit a letter that includes the information described in paragraph (C) of this rule. Written complaints will be accepted by the secretary of agriculture or the administrator of food and nutrition service (FNS) even when the information outlined in this rule is not complete. However, investigations will be conducted only when the information in paragraph (C)(1), (C)(2), (C)(3), or (C)(4) of this rule is provided.

(c) An individual may submit the letter or completed form to USDA by:

(i) Mail: "Food and Nutrition service, USDA 1320 Braddock Place, Room 334, Alexandria, VA 22314"; or

(ii) Fax: [phone] or [phone]; or

(iii) Email: [e-mail].

(2) To file a written complaint of discrimination with ODJFS, an individual may submit the JFS 02333, "Discrimination complaint" form or a written letter that includes the information described in paragraph (C) of this rule to "The Ohio Department of Job and Family Services, Bureau of Civil Rights, 30 East Broad Street, 30th Floor, Columbus, Ohio 43215- 3414."

(3) To file a complaint of discrimination with the local county agency, an individual may submit a letter that includes information described in paragraph (C) of this rule.

(C) What needs to be included in a written complaint?

(1) Name, address, telephone number, or other means of contacting the person alleging discrimination.

(2) Location and name of the organization or office that is accused of discriminatory practices.

(3) The nature of the incident or action of program administration that led the person to allege discrimination.

(4) The reason for the alleged discrimination (age, race, color, sex (including all federally protected classes pertaining to sex), disability, religion, national origin, political beliefs, or reprisal or retaliation for prior civil rights activity).

(5) The names, titles (when appropriate), and addresses of persons who may have knowledge of the alleged discriminatory acts.

(6) The date or dates on which the alleged discrimination occurred.

(D) What happens when the individual is unable to put the complaint in writing?

When an individual makes allegations verbally and is unable or is reluctant to put the allegations in writing, the person to whom the allegations are made is to document the complaint in writing. Every effort is to be made by the individual accepting the complaint to have the individual filing the complaint provide the information listed in paragraph (C) of this rule.

(E) Is there a deadline for filing a complaint?

A complaint is to be filed no later than one hundred eighty days from the date of the alleged discrimination; however, the time for filing may be extended by the United States secretary of agriculture.

(F) What are the county agencies responsibilites?

County agencies are to:

(1) Adhere to the requirements as defined in rule 5101:9-2-01 of the Administrative Code.

(2) Provide information on the nondiscrimination policy.

(a) Publicize the discrimination complaint procedures described in paragraphs (B) and (C) of this rule, and, if applicable, the county agency's program complaint procedures.

(b) Ensure that all offices involved in administering the program and that also serve the public display the "And Justice For All" nondiscrimination poster form AD-475B (revised September 2019).

(c) Ensure that participants and other low-income assistance groups have access to information regarding nondiscrimination statutes and policies, procedures for filing a program or discrimination complaint, and their rights, within ten days of the date of a request for the information.

(3) Obtain data on the assistance groups by race/ethnicity.

(a) The race categories are: "American Indian" or "Alaska Native", "Asian", "Native Hawaiian" or "Pacific Islander", "Black" or "African American", and "White". The ethnicity categories are "Hispanic or Latino", and "Not Hispanic or Latino."

(b) The SNAP application requests that applicants voluntarily identify their race/ethnicity on the application form. The application clearly indicates that the information is voluntary, that it will not affect eligibility or the level of benefits, and that the reason for the information is to ensure that program benefits are distributed without regard to race, color, or national origin.

(c) In order to comply with required reporting of racial/ethnic data, the county agency is to collect the racial and ethnic data using alternative means when the information is not voluntarily provided by the assistance group on the application form. Alternative means do not include observation (also known as visual observation).

(4) Establish and maintain a system for program complaints.

(a) The county agency is to make information on the program complaint system and how to file a complaint available to participants, potential participants, and other interested persons. The county agency may make the information available through written materials or posters at certification offices or other appropriate means.

(b) Each county agency is to establish and maintain a system for handling program complaints filed by participants, potential participants, or other concerned individual or groups. Program complaints include, but are not limited to:

(i) Processing standards;

(ii) Services to participants and potential participants;

(iii) Long waiting lines;

(iv) Location and hours of service;

(v) Availability of applications; and

(vi) Availability of twenty-four hour service.

(5) After a program complaint is received the county agency is to:

(a) Obtain as much information as possible to get a clear understanding of what the complaint is;

(b) Establish a corrective action plan in an effort to correct the issue;

(c) Respond to the individual who submitted the complaint explaining how the issue will be resolved; and

(d) Maintain records of complaints received and their disposition, and are to review records at least annually to assess whether patterns of problems may be present. The county agency is to make these records available for review by the state agency and FNS upon request.

Last updated July 2, 2024 at 10:51 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04, 329.042
Five Year Review Date: 7/1/2027
Prior Effective Dates: 1/22/1982, 7/1/2006

Rule 5101:4-1-16 | Food assistance: project area and approved county collaborations.

• Effective: July 1, 2020
• Promulgated Under: 111.15

This rule describes the statewide project area and the approved county collaborations for the purposes of administering the supplemental nutrition assistance program (SNAP). County collaborations allow multiple county departments of job and family services to come together under a common agreement and operate as a single entity for the purposes of administering SNAP benefits. Agreements between counties may be formalized under section 329.40 of the Revised Code or they may be informal agreements subject to review and approval by the Ohio department of job and family services (ODJFS). Throughout division 5101:4 of the Administrative Code, the term "county agency" should be read to include an approved county collaboration.

(A) What is a project area?

The entire state of Ohio has been designated as a single project area responsible for program operations. Within the statewide project area, county collaboration have been designated as certification offices responsible for program operations that includes, but is not limited to: application processing; eligibility determinations; and the operation of employment and training programs.

(B) What are the approved county collaborations?

ODJFS issues the names of the approved county collaborations via a food assistance change transmittal letter, that can be found in the food assistance certification handbook at the ODJFS website.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 329.40, 5101.54
Five Year Review Date: 7/1/2025