(A)
Conflict with
the Revised Code
Which section of the Revised
Code applies to three-tier sanctions?
(1) Section (5) of Amended
Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the
following provision: Not later than September 30, 2006, the director of job and
family services shall adopt rules as necessary for the state to comply with 42
U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with
42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the
Revised Code. Rules adopted under this section that govern financial and other
administrative requirements applicable to the department of job and family
services and county departments of job and family services shall be adopted in
accordance with section 111.15 of the Revised Code as if they were internal
management rules. All other rules adopted under this section shall be adopted
in accordance with Chapter 119. of the Revised Code.
(2)
(1)
Section
5107.05 of the Revised Code
authorizes the director of job and family services to adopt rules as necessary
to comply with Title IV-A, Title IVD, federal regulations, state law, and the
state plan
The county agency shall administer
the work activity programs in accordance with the requirements contained in
this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of
the Revised Code. All applicable requirements contained in the Revised Code
sections referenced have been incorporated in this rule.
(2)
The county agency
is to administer the work activity programs in accordance with the requirements
contained in this rule and not in accordance with sections
5107.14,
5107.161 and
5107.162 of the Revised Code.
All applicable requirements contained in the Revised Code sections referenced
have been incorporated into this rule.
(B) What is a sanction?
A sanction is the denial or termination of an assistance
group's eligibility to participate in Ohio works first (OWF) due to a member of
the assistance group failing and/or refusing to comply in full with a provision
of the self sufficiency contract without good cause as set forth in rule
5101:1-3-13 of the
Administrative Code.
(C)
When shall a sanction be imposed and how long shall it last?
For purposes of this rule a payment month means a calendar
month and sanctions shall be imposed as follows:
(1) For a first failure or refusal, the
county agency shall deny or terminate benefits for one calendar month or until
the failure or refusal ceases, whichever is longer.
(2) For a second failure or refusal, the
county agency shall deny or terminate benefits for three calendar months or
until the failure or refusal ceases, whichever is longer.
(3) For a third or subsequent failure or
refusal, the county agency shall deny or terminate benefits for six calendar
months or until the failure or refusal ceases, whichever is longer.
(4) An adult who is sanctioned,
pursuant to paragraph (C)(3) of this rule for a failure and/or refusal, without
good cause, to comply in full with a provision of a self sufficiency contract
related to work activities, loses eligibility for medicaid as set forth in rule
5160:1-2-01 of the Administrative Code unless the adult is otherwise eligible
for medicaid pursuant to another division of section 5162.03 of the Revised
Code.
(5)
(4) Subsequent
failures and/or refusals without good cause to comply with a provision in the
self sufficiency contract that occur up until the imposition of the sanction
are considered the same occurrence.
(6)
(5) In a two-parent
assistance group, the assistance group's number of occurrences is the higher
amount that either individual incurred prior to the formation of the two-parent
assistance group.
(7)
(6) Individuals in a two-parent assistance group who
separate carry only the occurrences caused by their own failure and/or refusals
into another assistance group.
(D) Who is included in the sanction?
All individuals in the OWF assistance group in accordance with
rule 5101:1-3-10
5101:1-23-10 of the Administrative Code at the time of
the failure and/or refusal are included in the sanction. An assistance group
must include the non-recipient work eligible individual as set forth in rule
5101:1-3-12 of the
Administrative Code.
(E)
When does an imposed sanction become effective?
(1) For applicant assistance groups the
sanction period begins with the date of application.
(2) For recipient assistance groups the
sanction period begins with the next recurring month following the expiration
of the adverse action period as set forth in rule
5101:6-2-04 of the
Administrative Code unless a hearing is requested pursuant to the provisions of
division 5101:6 of the Administrative Code. If a hearing is requested timely
and the assistance group continues to receive OWF the work requirements are
applicable.
(3) If a hearing
request is made within fifteen calendar days after the mailing of the notice,
the imposition of the sanction is postponed. If a hearing request is made after
the fifteenth day, but on or before the ninetieth day, the hearing shall be
conducted but the sanction is not postponed.
(4) Sanctions shall not be held in abeyance.
For assistance groups whose OWF benefits are terminated for another reason, the
sanction period begins with the month after OWF is terminated for the
assistance group, subject to the prior notice of adverse action requirements as
set forth in rule
5101:6-2-04 of the
Administrative Code.
(F)
How is an assistance group notified of the proposed sanction?
Before a county agency sanctions an assistance group pursuant
to paragraph (C) of this rule, the Ohio department of job and family services
(ODJFS) shall provide the assistance group with written notice of the sanction
failure and/or refusal dates and failed and/or refused hours when
applicable.
(G) How is a
sanction ended?
The assistance group member who failed or refused a provision
of the self sufficiency contract must:
(1) Sign and submit to the county agency a
JFS 03804 "Ohio Works First/ Supplemental Nutrition Assistance Program (SNAP)
Sanction Compliance Agreement"(rev.
11/2016) or the statewide automated eligibility system equivalent;
and
(2) Serve the minimum sanction
period.
(3) For a second and any
subsequent sanction the assistance group member who failed and/or refused, to
comply with a provision of the self sufficiency contract without good cause,
must demonstrate a willingness to comply with the self sufficiency contract
through the completion of an appropriate compliance activity as assigned by the
county agency as set forth in paragraph (H) of this rule.
(H) What are acceptable compliance
activities?
(1) For applicant and recipient
sanctions imposed due to a failure and/or refusal to complete a work activity
and/or alternative activity without good cause, the compliance assignment
shall:
(a) Consist of no more than the missed
hours listed on the notice provided in paragraph (F) of this rule for a
consecutive fourteen day period.
(b) The consecutive fourteen day period
begins with the first work or alternative activity failure and/or refusal date
indicated on the notice.
(c)
Compliance assignments must be completed in no more than fourteen consecutive
days.
(d) Work eligible individuals
may not complete work and/or alternative activity hours in a compliance
activity prior to the imposition of the sanction.
(2) For recipient sanctions proposed due to a
failure and/or refusal to cooperate with the child support enforcement agency
without good cause, the sanctioned assistance group member's child support
compliance activity shall be determined by the child support enforcement
agency.
(3) For recipient sanctions
proposed due to all other types of failures or refusals without good cause the
work eligible individual's compliance activity shall be determined by the
county agency.
(I) What
if the compliance activity is not completed?
(1) The county agency shall determine if good
cause exists for each failure, refusal or absence. If the county agency
determines the failure, refusal or absence was a result of a good cause reason
the hours or other compliance activity shall be considered completed by the
sanctioned individual. Good cause reasons are limited to:
(a) Holidays as set forth in rule
5101:1-3-12 of the
Administrative Code; and
(b) Good
cause reasons as defined in rule
5101:1-3-13 of the
Administrative Code.
(2)
If the county agency does not find good cause for a failure and/or refusal to
complete a compliance activity:
(a) For work
and/or alternative compliance activities, the sanctioned individual shall start
all work and/or alternative compliance activities again.
(b) For compliance with the child support
enforcement agency, the sanctioned individual shall work with the child support
enforcement agency until compliance is met.
(c) For other compliance activities, the
sanctioned individual shall work with the county agency until the county agency
determined compliance is met.
(J) When shall OWF be reinstated?
OWF shall be reinstated the first day of the month following
the expiration of the minimum sanction period when all of the following are
met:
(1) The assistance group member
who failed and/or refused a provision of the self sufficiency contract has
entered into a new or amended self sufficiency contract with the county
agency;
(2) The sanction compliance
activity is completed on or before the last day of the minimum sanction period;
and
(3) All other eligibility
requirements are met. If the assistance group's circumstances have changed such
that the county agency questions the eligibility for OWF, the county agency
shall request the necessary verifications, as set forth in rule
5101:1-2-20 of the
Administrative Code, to establish eligibility. Every effort shall be made by
the county agency to determine eligibility before the expiration of the minimum
sanction period. This time frame for reinstating OWF benefits following the
expiration of the sanction period may be exceeded if the following occurs:
(a) There is a failure, with good cause, to
secure the necessary verifications; and
(b) The failure to secure the verifications
is considered beyond the control of the county agency or the assistance
group.
(K)
When shall OWF benefits not be reinstated?
The situations in which OWF shall not be reinstated are
when:
(1) The assistance group was
sanctioned as an applicant assistance group;
(2) It is time for the assistance group's
regularly scheduled eligibility redetermination; or
(3) The individual who caused the sanction
has not completed sanction compliance, as set forth in paragraphs (G) and (H)
of this rule, or failed and/or refused to enter into a new or amended self
sufficiency contract, before the last day of the minimum sanction
period.
(L) How can an
assistance group get OWF benefits if they are not reinstated?
When OWF is not reinstated:
(1) The assistance group must reapply as set
forth in rule
5101:1-2-01 of the
Administrative Code.
(2) OWF
eligibility begins either when sanction compliance has been met or the date of
application, whichever is later.
(M) Does a sanction move with an assistance
group member?
(1) If the individual who caused
the sanction becomes a required member of a new assistance group, that
assistance group is not eligible to receive OWF benefits until the expiration
of the minimum sanction period and the completion of the sanction compliance as
set forth in paragraphs (G) and (H) of this rule by the sanctioned
individual.
(2) If the adults in a
sanctioned assistance group who did not cause the sanction become required
member(s) of a new assistance group, that assistance group is not eligible to
receive OWF benefits until the expiration of the minimum sanction
period.
(3) If only the minor
children who no longer reside with the original sanctioned adults become
required members of a new assistance group, they may be eligible for OWF and
are not required to serve the minimum sanction period.
(N) What social services are sanctioned
assistance groups eligible for?
An assistance group that would be participating in OWF if not
for a sanction shall continue to be eligible for all of the following:
(1) Publicly funded child care in accordance
with division (A)(3) of section
5104.30 of the Revised
Code;
(2) Support services in
accordance with section
5107.66 of the Revised Code;
and
(3) To the extent permitted by
the Fair Labor Standards Act of 1938, 52 Stat.
1060,
29 U.S.C.A.
201
(05/00)
(05/11), to
participate in work activities and alternative activities.
Notes
Ohio Admin. Code
5101:1-3-15
Effective:
1/1/2024
Five Year Review (FYR) Dates:
10/3/2023 and
01/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 5107.05
Rule
Amplifies: 5107.05,
5107.16,
5107.17
Prior
Effective Dates: 10/01/1997 (Emer.), 12/30/1997, 07/01/1998, 01/01/1999,
10/01/1999, 07/01/2000, 10/01/2000, 08/29/2003 (Emer.), 03/01/2005, 09/29/2006
(Emer.), 12/29/2006, 10/01/2007 (Emer.), 12/29/2007, 10/01/2008, 10/15/2009,
09/01/2013, 10/01/2018
