Ohio Admin. Code 5101:6-20-18 - State hearings: notice of disqualification for an intentional program violation
(A) The
local agency shall
will provide an individual found to have committed an
intentional program violation a written notice of disqualification.
(1) If more than one member of an assistance
group is to be disqualified, a separate disqualification notice
shall
will be
provided to each individual.
(2) A
copy of the disqualification notice shall
will also be
sent to the bureau of state hearings and to the appropriate fraud control
specialist.
(B) The
notice shall
will be mailed or personally delivered no later than
five business days after the local agency's receipt of the administrative
disqualification hearing decision, court decision, waiver or consent agreement
upon which disqualification is to be based.
(C) The notice shall
will include the
following:
(1) The name of the individual to
be disqualified.
(2) The program(s)
from which the individual is to be disqualified.
(3) The basis for the
disqualification.
(4) The effective
date and period of disqualification.
(5) A statement that the disqualification
period will begin at once, regardless of whether the individual is currently
receiving benefits.
(6) Notice to
the remaining assistance group members, if any, of the benefits they will
receive during the disqualification period.
In the supplemental nutrition assistance program (SNAP), the
notice may alternatively inform the remaining assistance group members that
they shall
will reapply because the certification period has
expired.
(D) The
disqualification notice shall
will be accompanied by a JFS 07442 "Food Assistance
Repayment Agreement," (rev. 11/2008), or an
approved Ohio department of job and family services (ODJFS)
its computer-generated equivalent, unless
that form has already been provided.
(E) In all instances, the JFS 04062 "Notice
of Disqualification for Intentional Program Violation," (rev. 1/2015)
or an ODJFS approved
its computer-generated equivalent,, shall
will be used.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 06/20/1980, 10/01/1981, 05/01/1982, 08/01/1983, 04/01/1984 (Temp.), 06/01/1984, 08/01/1984 (Emer.), 10/20/1984, 09/01/1994, 06/01/1996, 10/01/1996, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014, 03/01/2019
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