(A) The
bureau of state hearings
shall
will provide written notice to the accused individual
at least thirty days prior to the hearing date, unless the thirty-day advance
notice period has been waived under the provisions of rule
5101:6-20-11 of the
Administrative Code.
(B) The notice
shall
will be
provided by one of the following methods:
(1)
Certified mail - return receipt requested.
Notice provided by this method shall
will be mailed
certified mail - return receipt requested.
(2) Personal service.
Notice provided by this method shall
will be
hand-delivered, to the accused individual, by a person designated to do so by
the Ohio department of job and family services (ODJFS) or by the local
agency.
The person so designated shall
will record the
date and location of delivery and the person to whom notice was delivered and
maintain the information in the case file. The personal service record
shall
will be
made a part of the hearing record. Failure to make delivery
shall
will be
similarly recorded.
(3)
Residence service.
Notice provided by this method shall
will be
hand-delivered, to some person of suitable age and discretion residing at the
accused individual's current place of residence, by a person designated to do
so by (ODJFS) or by the local agency.
The person so designated shall
will record the
date and location of delivery and the person to whom notice was delivered and
maintain the information in the case file. The residence service record
shall
will be
made a part of the hearing record. Failure to make delivery
shall
will be
similarly recorded.
(C) In addition to delivery by one of the
methods described in paragraph (B) of this rule, notice
shall
will
simultaneously be sent by ordinary mail.
(D) The notice shall
will be
accompanied by the JFS 04058 "Explanation of Administrative Disqualification
Hearing Procedures" (rev. 1/2015) and by
the JFS 04026 "Waiver of Administrative Disqualification Hearing," (rev. 1/2015)
or their approved ODJFS
computer-generated equivalents.
(E) The notice, in conjunction with the JFS
04058,
shall
will include the following:
(1) The date, time, and place of the
hearing.
(2) A statement of the
charges against the individual.
(3)
A summary of the evidence, and how and where the evidence can be
examined.
(4) A statement of the
individual's right to request a postponement of the hearing.
(5) A warning that the decision will be based
solely on the information provided by the local agency if the individual or
authorized representative fails, without good cause, to appear at the
hearing.
(6) A statement that the
individual or representative shall
will have ten days from the date of the hearing to
contact the hearings section and present good cause for failure to appear in
order to receive a new hearing.
(7)
A description of the penalties that can result from a determination that the
individual has committed an intentional program violation, and a statement of
which penalty is applicable to the individual.
(8) A statement that the hearing does not
preclude collection of the overpayment/overissuance.
(9) An explanation that the individual may
waive the right to an administrative disqualification hearing, under the
provisions of rule
5101:6-20-30 of the
Administrative Code.
(10) A
statement that the accused individual has the right to remain silent concerning
the charges, and that anything said or signed by the individual concerning the
charges can be used against the individual in a court of law.
(11) A statement that the individual may
obtain a copy of the department's published hearing rules from the local agency
upon request.
(12) A telephone
number to call about free legal services.
(F) In all cases, the JFS 04061 "Notice to
Appear for an Administrative Disqualification Hearing," (rev. 1/2015)
or an approved ODJFS
its computer-generated equivalent,
shall
will be
used. The JFS 04061 is generated in the hearings and appeals tracking system
(HATS X).
Notes
Ohio Admin. Code
5101:6-20-12
Effective:
1/17/2025
Five Year Review (FYR) Dates:
10/31/2024 and
01/17/2030
Promulgated
Under: 119.03
Statutory
Authority: 5101.35
Rule
Amplifies: 5101.35
Prior
Effective Dates: 06/20/1980, 08/01/1983, 09/01/1994, 06/01/1995, 10/01/1996,
05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014,
03/01/2019
