This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 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
supplemental nutrition assistance program (SNAP) programs. (B) An individual may be disqualified
from the OWF, PRC and/or SNAP programs for an 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 SNAP 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 an 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 shall 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 SNAP programs where the factual issues arise from the same or
related circumstances.
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Rule 5101:6-20-02 | State hearings - definition of intentional program violation.
(A) In the Ohio works first (OWF)
program, an 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 supplemental nutrition
assistance program (SNAP), an intentional program violation shall consist of an
action by an individual, for the purpose of using, presenting, transferring,
acquiring, receiving, or possessing SNAP 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 October 1,
2018), the SNAP regulations, or any state statute relating to the use,
presentation, transfer, acquisition, receipt, or possessing or trafficking of
SNAP benefits, or the electronic benefit transfer (EBT) card. (C) In the prevention, retention and
contingency (PRC) program, an 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.
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Rule 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
supplemental nutrition assistance program (SNAP) for twelve months for the
first violation except as provided in paragraphs (A)(5) to (A)(8) of this
rule. (3) Disqualified from
SNAP for twenty-four months for the second violation except as provided in
paragraphs (A)(5) to (A)(8) of this rule. (4) Disqualified from
SNAP 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 SNAP 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 October 1, 2018) 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 SNAP
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 SNAP
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 SNAP benefits or presenting SNAP benefits for
payment or redemption knowing the same to have been fraudulently obtained or
transferred for cash or consideration other than eligible food. "Acquiring
SNAP 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 SNAP 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 SNAP 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 SNAP. (B) The same act of an intentional
program violation repeated over a period of time shall not be separated so that
separate penalties can be imposed. (C) For SNAP, only the individual found
to have committed an 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 an intentional program violation in one county or state is valid in another
county or state.
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Rule 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 an
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. 10/2016) and the JFS 07501s
"Program Enrollment & Benefit Information" (rev. 4/2018), or
their computer-generated equivalents.
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Rule 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.
1/2015 ) or its computer-generated equivalent, to the bureau of 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 an 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 an
intentional program violation in more than one program, a separate JFS 04060
shall be completed for each.
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Rule 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. 1/2015), and the JFS 04005 "State Hearing
Decision" (rev. 1/2015) or their computer-generated equivalents,
respectively. The JFS 04005 and JFS 04007 forms are both generated in the
hearings and appeals tracking system (HATS X).
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Rule 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
the JFS 04058 "Explanation of Administrative Disqualification Hearing
Procedures" (rev. 1/2015) and by the JFS 04026 "Waiver of
Administrative Disqualification Hearing" (rev. 1/2015) or their
computer-generated equivalents. (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 to Appear for an Administrative Disqualification Hearing"
(rev. 1/2015) or its computer-generated equivalent, shall be used. The JFS
04061 is generated in the hearings and appeals tracking system (HATS
X).
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Rule 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.
Last updated April 3, 2023 at 8:34 AM
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Rule 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 bureau of state
hearings 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 by 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 an 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 officer finds that
an 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
bureau of state hearings 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.
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Rule 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, the 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 shall be received by the bureau
of state hearings at least ten 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 the bureau of
state hearings has not received a signed JFS 04026 "Waiver of
Administrative Disqualification Hearing" (rev. 1/2015) or its
computer-generated equivalent, prior to the time of the scheduled hearing, the
hearing officer shall proceed with the hearing and render a written
decision.
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Rule 5101:6-20-16 | State hearings: administrative disqualification hearing decisions.
(A) The bureau of 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). The bureau of 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 the 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 to Appear for an Administrative
Disqualification Hearing" (rev. 1/2015) or its computer-generated
equivalent. The JFS 04061 form is generated in the hearings and appeals
tracking system (HATS X). (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 October 1, 2018) 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 shall 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 an 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 an 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 an 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 the JFS 04068 "Order of
Compliance" (rev. 1/2015) or its computer-generated
equivalent. (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 an 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 the JFS 04007 "Administrative Disqualification
Hearing Decision" (rev. 1/2015) or its computer-generated equivalent. The
JFS 04007 form is generated in the hearings and appeals tracking system (HATS
X). 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. 1/2015) or its
computer-generated equivalent. The JFS 04005 form is generated in the hearings
and appeals tracking system (HATS X). (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) The bureau of 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.
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Rule 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 an 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 the JFS
04062 "Notice of Disqualification for Intentional Program Violation"
(rev. 1/2015) or its computer-generated equivalent, 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 supplemental nutrition assistance program (SNAP), 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. The bureau of state hearings is responsible
for monitoring timely compliance. (2) When an
administrative disqualification hearing decision finds an intentional program
violation, the "compliance required" box on the decision form shall
be checked, and a JFS 04068 "Order of Compliance" (rev. 1/2015) or
its computer-generated equivalent, 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.
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Rule 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 an 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 the bureau of state hearings and
to the appropriate fraud control specialist. (B) The notice shall be mailed or
personally delivered no later than five business days 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 supplemental nutrition assistance
program (SNAP), the notice may alternatively inform the remaining assistance
group members that they shall 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 its 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.
1/2015) or its computer-generated equivalent, shall be used.
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Rule 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 (IPV) 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.
Last updated April 3, 2023 at 8:34 AM
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Rule 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
the 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) The bureau of state
hearings shall also provide the notice along with the advance notice of the
administrative disqualification hearing. (B) The notice shall be accompanied by
the JFS 04058 "Explanation of Administrative Disqualification Hearing
Procedures" (rev. 1/2015) or its computer-generated
equivalent. (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 an 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 shall be received by the local agency to prevent initiation of the
referral. (5) A statement that the
head of the assistance group shall 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 shall 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 supplemental
nutrition assistance program (SNAP), 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. 1/2015) or
its computer-generated equivalent, shall be used. (E) To waive the disqualification
hearing, the accused individual shall sign and return the waiver so that it is
received by the local agency or by the bureau of state hearings prior to the
disqualification hearing. (F) When the individual suspected of an
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. 1/2015) or its computer-generated equivalent, 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 SNAP, the period
shall begin with the first month which follows the date the JFS 04062 is
mailed.
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Rule 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 an 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 the option
identified in paragraph (A) of this rule 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 an 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 shall also sign the agreement if the accused
individual is not the head of the assistance group. (4) A statement that
signing the agreement shall 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 an intentional program violation, and a statement of which
penalty or penalties shall be imposed if the individual signs the
agreement. (6) For supplemental
nutrition assistance program (SNAP), 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 shall be confirmed by the
court. (E) The local agency may use the JFS
04027 "Disqualification Consent Agreement" (rev. 1/2015) 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 to the bureau of state hearings. (G) When the individual suspected of an
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.
1/2015) or its computer-generated equivalent, 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 SNAP, 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 local agency shall disqualify the individual in
accordance with the court order.
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Rule 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.
1/2015) or its computer-generated equivalent, 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.
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