Ohio Admin. Code 5101:6-2-03 - State hearings: notice of denial of an application for benefits
(A) When the agency
denies an application for or a requested change in public assistance or social
services, the assistance group shall
will be provided prompt written notice of the
decision.
(1) The notice
shall
will
contain:
(a) A clear and understandable
statement of the action the agency has taken and the reasons for it.
(b) Citations of the applicable
regulations.
(c) An explanation of
the individual's right to and the method of obtaining a county conference and a
state hearing.
(d) A telephone
number to call about free legal services.
(2) The JFS 07334 "Notice of Denial of Your
Application for Assistance,"
(rev. 9/2011), or
its computer-generated
an Ohio department of job and family services (ODJFS)
equivalent, shall
will be used.
(B) When the agency denies a supplemental
nutrition assistance program (SNAP) application, reapplication or requested
change in benefits, the assistance group shall
will be provided
written notice of the decision.
(1)
The ODJFS electronic denial notices are the only
notices that may be used for denial of applications for SNAP
benefits.
The JFS 07334 "Notice of Denial of
Your Application for Assistance," or an ODJFS approved equivalent will be
used.
(2) Timing of the
notice shall
will be in accordance with rule
5101:4-5-07 of the
Administrative Code.
(3) The notice
shall
will
contain:
(a) A clear and understandable
statement of the action the agency has taken and the reasons for it.
(b) Citations of the applicable
regulations.
(c) An explanation of
the assistance group's right to and the method of obtaining a county conference
and a state hearing.
(d) The name
and telephone number of the person to contact for more information.
(e) A telephone number to call about free
legal services.
(4) When
the denial is caused by the assistance group's failure to take action to
complete the application process, as described in rule
5101:4-5-07 of the
Administrative Code, the notice shall
will also explain:
(a) What action the assistance group
shall
will
take to reactivate the application.
(b) That the case will be reopened without a
new application if action is taken within thirty days of the mailing date of
the denial notice.
(c) That the
assistance group shall
will submit a new application if, at the end of the
thirty day period, the assistance group has not taken the needed action and
wishes to participate in the program.
(5) When the agency is at fault for not
completing the application process by the end of the second thirty day period,
but the case file is not complete enough to reach an eligibility determination,
the agency may deny the case, but the notice of denial
shall
will be
accompanied by notification to the assistance group to file a new application
and of its possible entitlement to benefits lost as a result of agency
delay.
(6) See rule
5101:4-2-02 of the
Administrative Code for additional information that shall
will accompany
the notice of denial for assistance groups with actual or potential categorical
eligibility.
Notes
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5101.35
Rule Amplifies: 3125.25, 5101.35, 5160.011
Prior Effective Dates: 06/02/1980, 04/01/1987, 04/01/1989, 06/01/1993, 06/01/2003, 12/15/2008, 02/28/2014, 03/01/2019
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