Ohio Admin. Code 5101:6-2-05 - State hearings: exceptions to prior notice
(A) Public assistance and social services
(1) Under the following circumstances, prior
notice of adverse action is not required, but the assistance group
shall
will be
provided written notice on or before the effective date of the action. The
agency is not required to continue fair hearing benefits.
(a) The agency has factual information
confirming the death of an individual, or of the payee when there is no
relative available to serve as a new payee.
(b) The agency receives a clear, written
statement, signed by the individual, that he or she no longer wishes to receive
benefits, or that the appellant understands that based on the information they
provided, their benefits will be reduced or terminated.
In no way does this exception permit the preparation of any type of blanket statement to be signed at the time of application or at any other time that would allow the agency to take action at some future date without providing prior notice.
(c) The agency determines, based on reliable
information, that the individual has been admitted or committed to an
institution where he or she is ineligible for further benefits.
(d) The agency determines, based on reliable
information, that the individual has been placed in skilled nursing care,
intermediate care, or long-term hospitalization where he or she is ineligible
for further benefits.
(e) The
assistance group's whereabouts are unknown and agency mail directed to the
assistance group has been returned by the post office indicating no known
forwarding address.
However, the assistance group's benefit
shall
will be
made available if the assistance group's whereabouts become known during the
period covered by the returned benefit.
(f) The agency determines, based on reliable
information, that the assistance group has moved to another state.
(g) A child is removed from the home as a
result of a judicial determination or is voluntarily placed in foster care by
the child's legal guardian.
(h) A
special allowance, or supportive service, granted for a specific period is
terminated at the end of the specified period. The assistance group
shall
will be
informed, in writing, when the allowance is initiated, of the exact date upon
which the allowance will automatically terminate.
(2) The notice shall
will contain:
(a) A clear and understandable statement of
the action being 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) An
explanation of the circumstances under which a timely hearing request
shall
will
result in reinstated benefits.
(e)
A telephone number to call about free legal services.
(3) The JFS 04085 "Prior Notice of Right to a
State Hearing (Adequate Notice) (rev.
2/2014),
," or its computer-generated
an
Ohio department of job and family services (ODJFS) approved equivalent,
shall
will be
used.
(B) Supplemental
nutrition assistance program (SNAP)
Under the following circumstances, individual notices of
adverse action shall
will not be provided.
(1) The agency determines, based on reliable
information, that all members of the assistance group have died.
(2) The agency determines, based on reliable
information, that the assistance group has moved from the county.
(3) The assistance group has been receiving
an increased allotment to restore lost benefits, the restoration is complete,
and the assistance group was previously notified in writing of when the
increased allotment would terminate.
(4) The assistance group jointly applied for
public assistance and SNAP benefits, has been receiving SNAP benefits pending
the approval of the public assistance grant, and was notified in writing at the
time of certification that SNAP benefits would be reduced upon approval of the
public assistance grant.
(5) An
assistance group member is disqualified for an intentional program violation in
accordance with rule
5101:4-8-15 of the
Administrative Code, or the benefits of the remaining assistance group members
are reduced or terminated to reflect the disqualification of that assistance
group member.
(6) The agency has
elected to assign a longer certification period to an assistance group which
was certified on an expedited basis and for whom verification was postponed,
under the provisions of rule
5101:4-6-09 of the
Administrative Code.
The assistance group shall
will have
received written notice that the receipt of future benefits is contingent on
its providing the verification that was initially postponed and that the agency
may act on the verified information without further notice.
(7) The assistance group is converted from
cash and/or SNAP electronic benefit transfer (EBT) benefit repayment to
allotment reduction as a result of failure to make agreed upon repayment of an
overissuance.
(8) The agency is
terminating the eligibility of a resident of a drug or alcohol treatment center
or a group living arrangement if the facility loses either its certification
from the appropriate agency or agencies of the state of Ohio, as defined in
rule 5101:4-6-01 of the
Administrative Code, or has its status as an authorized representative
suspended due to food and nutrition services (FNS) disqualifying it as a
retailer.
(9) The assistance group
voluntarily requests, in writing or in the presence of a caseworker, that its
participation be terminated. If the assistance group does not provide a written
request, the agency shall
will send the assistance group a letter confirming the
voluntary withdrawal. Written confirmation does not entail the same rights as a
notice of adverse action except that the assistance group may request a state
hearing.
(10) The agency
determines, based on reliable information, that the assistance group will not
be residing in the county and, therefore, will be unable to obtain its next
allotment. The agency shall
will inform the
assistance group of its termination no later than its next scheduled issuance
date. While the agency may inform the assistance group before its next issuance
date, the agency shall
will not delay terminating the assistance group's
participation in order to provide advance notice.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35, 5160.011
Prior Effective Dates: 09/01/1976, 04/01/1980, 06/02/1980, 12/01/1980, 10/01/1981, 01/18/1982, 05/01/1982, 07/01/1982, 10/01/1982, 01/01/1983, 04/01/1983, 08/01/1983, 11/01/1983 (Temp.), 01/01/1984, 03/01/1984 (Temp.), 06/01/1984, 10/01/1984 (Emer.), 10/03/1984 (Emer.), 12/22/1984, 08/20/1986 (Emer.), 11/15/1986, 01/16/1987 (Emer.), 04/01/1987, 04/06/1987, 07/01/1987 (Emer.), 09/28/1987, 11/01/1987, 05/01/1988, 04/01/1989, 11/01/1990, 06/01/1993, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014, 03/01/2019
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) Public assistance and social services
(1) Under the following circumstances, prior notice of adverse action is not required, but the assistance group shall be provided written notice on or before the effective date of the action. and the agencies are The agency is not required to continue fair hearing benefits.
(a) The agency has factual information confirming the death of an individual, or of the payee when there is no relative available to serve as a new payee.
(b) The agency receives a clear, written statement, signed by the individual, that he or she no longer wishes to receive benefits, or that gives information that requires reduction or termination, and indicates that the individual understands that this must be the consequence of supplying the information the appellant understands that based on the information they provided, their benefits will be reduced or terminated .
In no way does this exception permit the preparation of any type of blanket statement to be signed at the time of application or at any other time that would allow the agency to take action at some future date without providing prior notice.
(c) The agency determines, based on reliable information, that the individual has been admitted or committed to an institution where he or she is ineligible for further benefits.
(d) The agency determines, based on reliable information, that the individual has been placed in skilled nursing care, intermediate care, or long-term hospitalization where he or she is ineligible for further benefits.
(e) The assistance group's whereabouts are unknown and agency mail directed to the assistance group has been returned by the post office indicating no known forwarding address.
However, the assistance group's benefit must
(f) The agency determines, based on reliable information, that the assistance group has moved to another state.
(g) A child is removed from the home as a result of a judicial determination or is voluntarily placed in foster care by the child's legal guardian.
(h) A special allowance, or supportive service, granted for a specific period is terminated at the end of the specified period. The assistance group must shall be informed, in writing, when the allowance is initiated, of the exact date upon which the allowance will automatically terminate.
(2) The notice shall contain: a clear and understandable statement of the action being taken and the reasons for it, cite the applicable regulations, explain the assistance group's right to and the method of obtaining a county conference and a state hearing, explain the circumstances under which a timely hearing request will result in reinstated benefits, and contain a telephone number to call about free legal services.
(a) A clear and understandable statement of the action being 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) An explanation of the circumstances under which a timely hearing request shall result in reinstated benefits.
(e) A telephone number to call about free legal services.
(3) The JFS 04085 "Prior Notice of Right to a State Hearing (Adequate Notice) (rev. 5/2001 2/2014 )," or its computer-generated equivalent, shall be used.
(B) Food assistance Supplemental nutrition assistance program (SNAP)
Under the following circumstances, individual notices of adverse action shall not be provided.
(1) The agency determines, based on reliable information, that all members of the assistance group have died.
(2) The agency determines, based on reliable information, that the assistance group has moved from the county.
(3) The assistance group has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the assistance group was previously notified in writing of when the increased allotment would terminate.
(4) The assistance group jointly applied for public assistance and food assistance SNAP benefits, has been receiving food assistance SNAP benefits pending the approval of the public assistance grant, and was notified in writing at the time of certification that food assistance SNAP benefits would be reduced upon approval of the public assistance grant.
(5) An assistance group member is disqualified for an intentional program violation in accordance with rule 5101:4-8-15 of the Administrative Code, or the benefits of the remaining assistance group members are reduced or terminated to reflect the disqualification of that assistance group member.
(6) The agency has elected to assign a longer certification period to an assistance group which was certified on an expedited basis and for whom verification was postponed, under the provisions of rule 5101:4-6-09 of the Administrative Code.
The assistance group must
(7) The assistance group is converted from cash and/or food assistance SNAP electronic benefit transfer (EBT) benefit repayment to allotment reduction as a result of failure to make agreed upon repayment of an overissuance.
(8) The agency is terminating the eligibility of a resident of a drug or alcohol treatment center or a group living arrangement if the facility loses either its certification from the appropriate agency or agencies of the state of Ohio, as defined in rule 5101:4-6-01 of the Administrative Code, or has its status as an authorized representative suspended due to food and nutrition services (FNS) disqualifying it as a retailer.
(9) The assistance group voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated. If the assistance group does not provide a written request, the agency shall send the assistance group a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of adverse action except that the assistance group may request a state hearing.
(10) The agency determines, based on reliable information, that the assistance group will not be residing in the county and, therefore, will be unable to obtain its next allotment. The agency shall inform the assistance group of its termination no later than its next scheduled issuance date. While the agency may inform the assistance group before its next issuance date, the agency shall not delay terminating the assistance group's participation in order to provide advance notice.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35, 5160.011
Prior Effective Dates: 09/01/1976, 04/01/1980, 06/02/1980, 12/01/1980, 10/01/1981, 01/18/1982, 05/01/1982, 07/01/1982, 10/01/1982, 01/01/1983, 04/01/1983, 08/01/1983, 11/01/1983 (Temp.), 01/01/1984, 03/01/1984 (Temp.), 06/01/1984, 10/01/1984 (Emer.), 10/03/1984 (Emer.), 12/22/1984, 08/20/1986 (Emer.), 11/15/1986, 01/16/1987 (Emer.), 04/01/1987, 04/06/1987, 07/01/1987 (Emer.), 09/28/1987, 11/01/1987, 05/01/1988, 04/01/1989, 11/01/1990, 06/01/1993, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014