Ohio Administrative Code Search
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Rule 5101:6-3-02 | State hearings: state hearing requests.
...(A) Definition (1) A "request for a state hearing" is defined as a clear expression, by the individual or authorized representative, to the effect that he or she wishes to appeal a decision or wants the opportunity to present his or her case to a higher authority. The request may be either made orally, in writing, or electronically. A state hearing may only be requested by or on behalf of an... |
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Rule 5101:6-4-01 | State hearings: continuation of benefits when a state hearing is requested.
...(A) When a request for a state hearing is received by the state, a managed care plan (MCP), a "MyCare Ohio" plan (MCOP), or local agency within the fifteen calendar day prior notice period, benefits shall not be reduced, suspended, or terminated until a state hearing decision is rendered unless one of the following occurs: (1) A determination is made at the hearing that the sole issue is one of s... |
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Rule 5101:6-4-01 | State hearings: continuation of benefits when a state hearing is requested.
...(A) When a request for a state hearing is received by the state, a managed care plan (MCP), a "MyCare Ohio" plan (MCOP), or local agency within the fifteen-calendar day prior notice period, benefits shall not be reduced, suspended, or terminated until a state hearing decision is rendered unless one of the following occurs: (1) A determination is made at the hearing that the sole issue is one of s... |
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Rule 5101:6-4-01 | State hearings: continuation of benefits when a state hearing is requested.
...(A) When a request for a state hearing is received by the state, a managed care plan (MCP), a "MyCare Ohio" plan (MCOP), or local agency within the fifteen-calendar day prior notice period, benefits will not be reduced, suspended, or terminated until a state hearing decision is rendered unless one of the following occurs: (1) A determination is made at the hearing that the sole issue is one of st... |
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Rule 5101:6-5-01 | State hearings: procedures prior to the state hearing.
...(A) The bureau of state hearings shall handle the receipt and processing of the request for a state hearing. When the hearing request is made to the local agency, the local agency shall date stamp the request, retain a copy, and mail or transmit the request to "ODJFS, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825," or fax to 614-728-9574 or email to bsh@jfs.ohio.gov, within ... |
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Rule 5101:6-5-01 | State hearings: procedures prior to the state hearing.
...(A) The bureau of state hearings (BSH) shall handle the receipt and processing of the request for a state hearing. When the hearing request is made to the local agency, the local agency shall date stamp the request, retain a copy, and mail or transmit the request to "ODJFS, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825," or fax to 614-728-9574 or email to bsh@jfs.ohio.gov, w... |
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Rule 5101:6-5-01 | State hearings: procedures prior to the state hearing.
...(A) The bureau of state hearings (BSH) will handle the receipt and processing of the request for a state hearing. When the hearing request is made to the local agency, the local agency will date stamp the request, retain a copy, and mail or transmit the request to "ODJFS, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825," or fax to 614-728-9574 or email to bsh@jfs.ohio.gov, wit... |
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Rule 5101:6-5-02 | State hearings: postponement of the state hearing.
...(A) Postponement is a request prior to the hearing date to schedule the hearing for a later date. (1) Public assistance, social services and child support services (a) The hearing may be postponed at the request of the individual or authorized representative when good cause, as defined in rule 5101:6-5-03 of the Administrative Code, exists. (b) The hearing authority shall have final authority to de... |
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Rule 5101:6-5-02 | State hearings: postponement of the state hearing.
...(A) Postponement is a request prior to the hearing date to schedule the hearing for a later date. (1) Public assistance, social services, and child support services (a) The hearing may be postponed at the request of the individual or authorized representative when good cause, as defined in rule 5101:6-5-03 of the Administrative Code, exists. (b) The hearing authority shall have final authority to d... |
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Rule 5101:6-5-03 | State hearings: denial and dismissal of state hearing requests.
...(A) The local agency shall not deny or dismiss any request for a state hearing. All requests shall be sent to the bureau of state hearings, in accordance with rule 5101:6-5-01 of the Administrative Code. (B) When a state hearing request is denied or dismissed, the individual and authorized representative shall be provided written notice describing the denial or dismissal, with a copy to the l... |
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Rule 5101:6-5-03 | State hearings: denial and dismissal of state hearing requests.
...(A) The local agency shall not deny or dismiss any request for a state hearing. All requests shall be sent to the bureau of state hearings, in accordance with rule 5101:6-5-01 of the Administrative Code. (B) When a state hearing request is denied or dismissed, the individual and authorized representative shall be provided written notice describing the denial or dismissal, with a copy to the l... |
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Rule 5101:6-6-01 | State hearings: scheduling and attendance.
...(A) Time and place of the hearing (1) The hearing shall be conducted at a reasonable time, date, and place. The hearing will usually be conducted at the local agency, since it is usually most convenient to the individual. However, there may be circumstances which warrant conducting the hearing at another time, date, or place. In these cases, efforts shall be made to schedule the hearing at a ... |
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Rule 5101:6-6-01 | State hearings: scheduling and attendance.
...(A) Time and place of the hearing (1) The hearing shall be conducted at a reasonable time, date, and place. The hearing will usually be conducted virtually, since it is usually most convenient to the individual. However, there may be circumstances which warrant conducting the hearing at another time, date, or place. In these cases, efforts shall be made to schedule the hearing at a time, date... |
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Rule 5101:6-6-02 | State hearings: rights and responsibilities of the participants.
...(A) The agency representative The agency representative presents and is the advocate for the agency's case at the hearing. This person shall explain the reasons for the agency's action, cite the regulations upon which the action was based, provide relevant case information and documents, and answer relevant questions from the individual and the hearing officer. The agency representative has t... |
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Rule 5101:6-7-01 | State hearings: state hearing decisions.
...(A) Hearing authority (1) The bureau of state hearings is responsible for preparing and issuing state hearing decisions under the authority of the director of the Ohio department of job and family services (ODJFS). For this purpose, the chief of the bureau of state hearings shall designate hearing authorities in addition to the chief to review the findings, conclusions, and recommendations of the... |
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Rule 5101:6-7-01 | State hearings: state hearing decisions.
...(A) Hearing authority (1) The bureau of state hearings is responsible for preparing and issuing state hearing decisions under the authority of the director of the Ohio department of job and family services (ODJFS). For this purpose, the chief of the bureau of state hearings shall designate hearing authorities in addition to the chief to review the findings, conclusions, and recommendations of the... |
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Rule 5101:6-7-01 | State hearings: state hearing decisions.
...(A) Hearing authority (1) The bureau of state hearings is responsible for preparing and issuing state hearing decisions under the authority of the director of the Ohio department of job and family services (ODJFS). For this purpose, the chief of the bureau of state hearings will designate hearing authorities in addition to the chief to review the findings, conclusions, and recommendations of the ... |
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Rule 5101:6-7-02 | State hearings: standards for revising community spouse income and resource allowances at a state hearing.
...(A) Purpose This rule sets forth the standards to be applied in a state hearing requested for the purpose of revising a community spouse's minimum monthly maintenance needs allowance in accordance with rule 5160:1-6-07 of the Administrative Code, or the community spouse resource allowance in accordance with rule 5160:1-6-04 of the Administrative Code. In so doing, this rule incorporates by refere... |
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Rule 5101:6-7-02 | State hearings: standards for revising community spouse income and resource allowances at a state hearing.
...(A) Purpose This rule sets forth the standards to be applied in a state hearing requested for the purpose of revising a community spouse's minimum monthly maintenance needs allowance in accordance with rule 5160:1-6-07 of the Administrative Code, or the community spouse resource allowance in accordance with rule 5160:1-6-04 of the Administrative Code. In so doing, this rule incorporates by refere... |
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Rule 5101:6-7-03 | State hearings: implementation of the hearing decision.
...(A) Responsibility (1) When the hearing decision orders action to be taken by the agency, the agency that is ordered to take the action is responsible for promptly and fully implementing the decision. (2) State hearings is responsible for monitoring timely compliance with decisions. (3) When the hearing decision orders action to be taken by a managed care plan or "MyCare Ohio" plan, the ma... |
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Rule 5101:6-7-03 | State hearings: implementation of the hearing decision.
...(A) Responsibility (1) When the hearing decision orders action to be taken by the agency, the agency that is ordered to take the action is responsible for promptly and fully implementing the decision. (2) State hearings is responsible for monitoring timely compliance with decisions. (3) When the hearing decision orders action to be taken by a managed care plan or "MyCare Ohio" plan, the ma... |
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Rule 5101:6-8-01 | State hearings: administrative appeal of the state hearing decision.
...(A) An individual who disagrees with a state hearing decision, or with a decision by the hearing authority to deny or dismiss a hearing request, has the right to request an administrative appeal. The administrative appeal process does not apply to administrative disqualification hearing decisions. An administrative appeal may only be requested by or on behalf of an individual applying for or rec... |
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Rule 5101:6-8-02 | State hearings: county reviews.
...(A) Any local agency that disagrees with a state hearing decision, to which it was a party, may request that the decision be reviewed by the bureau of state hearings, through a process similar to the administrative appeal process described in rule 5101:6-8-01 of the Administrative Code. (1) The request shall be signed by the agency director and received by the bureau of state hearings no late... |
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Rule 5101:6-8-02 | State hearings: county reviews.
...(A) Any local agency that disagrees with a state hearing decision, to which it was a party, may request that the decision be reviewed by the bureau of state hearings, through a process similar to the administrative appeal process described in rule 5101:6-8-01 of the Administrative Code. (1) The request will be signed by the agency director and received by the bureau of state hearings no later... |
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Rule 5101:6-9-01 | State hearings: further appeal rights.
...(A) Judicial review (1) Individuals who disagree with an administrative appeal decision have the right to appeal that decision to the court of common pleas, with the following exceptions: (a) Judicial review does not apply to administrative appeals subject to the appeal process described in paragraph (B) of this rule. (b) Judicial review does not apply to appeals involving the child support program, except for app... |