The county agency shall have a conciliation process to resolve
disputes that arise concerning required supplemental nutrition assistance
program (SNAP) employment and training (E&T)
participation. The conciliation process may be initiated by the participant or
by the county agency. The conciliation process shall be posted within the
county agency and shall be given in writing to each SNAP
employment and training
E&T participant during the appraisal interview
pursuant to the provisions of rule
5101:4-3-29 of the
Administrative Code.
(A) What should
the conciliation process include?
The conciliation process shall include, but is not limited
to:
(1) Disputes over
assignments.
(2) Inappropriate
treatment by a county agency employee or worksite supervisor.
(3) Irregular work hours that create a severe
hardship on the participant.
(4)
Worksite assignments that deviate from the normal duties of the job.
(5) Disagreement with disciplinary action at
the worksite involving the participant.
(6) Other areas of concern to the participant
relating to participation.
(7)
Disputes concerning working conditions and workers' compensation
coverage.
(8) Wage rate
calculations to determine the hours of participation.
(9) Disputes concerning failure to
participate in the SNAP employment and training program.
(B) How can the conciliation process be
initiated?
The conciliation process can be initiated by any of the
following:
(1) A written notice from
the county agency to the participant for a conciliation conference;
(2) A written or verbal request from the
participant to the county agency for a conciliation conference; or
(3) A written or verbal request from the
participant to the county agency for a conciliation conference when there is an
act of nonparticipation. The conciliation process requires that such requests
shall be made within seven calendar days that begins the day following the day
of nonparticipation.
(C)
Does the county agency have to track conciliation requests?
The county agency shall maintain an accurate record of all
conciliation requests, including any pertinent facts and the resolution of the
conciliation. Once a conciliation request is initiated, the county agency
should attempt an informal resolution.
(D) How long should a decision take?
A resolution of the conciliation process initiated in
accordance with paragraph (B) of this rule, shall be reached within a maximum
of fifteen calendar days beginning with the date the conciliation process was
initiated. No adverse action, as related to the SNAP employment and training
program, may be proposed until the conciliation process, when requested, is
concluded.
(E) Who can
attend the conciliation process?
When a conciliation process is initiated, the county agency
shall convene a conciliation conference that is presided over by the director
or a designee. Both the county agency and the individual may bring whomever
each reasonably wants to be at the conference in an attempt to informally
resolve differences. When appropriate, the worksite supervisor may attend, or
information from the worksite supervisor as requested by the county agency may
be presented.
(F) When a
conciliation conference is conducted may a recipient request a county
conference or a state hearing?
(1) The
conciliation conference does not replace the right to request a county
conference pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code and the conciliation process shall not in any way limit the
participant's hearing rights.
(2)
The individual shall be notified in writing of the outcome of the conciliation
conference. The notification shall also contain an explanation of the right to
a state hearing pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of
the Administrative Code. When the conciliation conference is to be followed by
a proposal of an adverse action, the prior notice sent to the individual will
fulfill this requirement.
Notes
Ohio Admin. Code
5101:4-3-38
Effective:
10/1/2023
Five Year Review (FYR) Dates:
7/17/2023 and
10/01/2028
Promulgated
Under: 119.03
Statutory Authority: 5101.54
Rule
Amplifies: 5101.54, 329.04
Prior Effective Dates: 03/01/1983,
03/01/1987, 12/01/1987 (Emer.), 02/15/1988, 06/30/1989 (Emer.), 09/23/1989,
11/01/1990, 07/01/1991, 10/01/1997 (Emer.), 12/20/1997, 01/20/2003, 10/01/2007,
01/01/2013, 09/01/2018
