Ohio Admin. Code 5101:6-20-40 - State hearings: disqualification consent agreement
(A) The local agency has the option of
establishing procedures to allow an individual suspected of an intentional
program violation to sign a disqualification consent agreement. Local agencies
are encouraged to use this option for those cases in which a determination of
guilt is not obtained from a court because:
(1) The accused individual has met the terms
of a court order.
(2) The accused
individual was not prosecuted because he or she met the terms of an agreement
with the prosecutor.
(B)
Those counties that choose the option identified in paragraph (A) of this rule
shall
will
enter into an agreement with the county prosecutor that provides for giving the
individual advance written notification of the consequences of signing a
disqualification consent agreement.
(C) The disqualification consent agreement
shall
will
include the following:
(1) For individuals
accused of committing an intentional program violation in the Ohio works first
(OWF) and prevention, retention and contingency (PRC) programs, a statement
that signing the agreement constitutes an admission of guilt.
(2) A statement for the accused individual to
sign indicating that he or she understands the consequences of signing the
agreement.
(3) A statement that the
head of the assistance group shall
will also sign the agreement if the accused individual
is not the head of the assistance group.
(4) A statement that signing the agreement
shall
will
result in disqualification and a reduction in benefits for the period of
disqualification, even though the individual was not found guilty of civil or
criminal misrepresentation or fraud.
(5) A description of the penalties for an
intentional program violation, and a statement of which penalty or penalties
shall
will be
imposed if the individual signs the agreement.
(6) For supplemental nutrition assistance
program (SNAP), each person who was an adult member of the assistance group
when the overpayment or trafficking occurred is responsible for repayment of
the overpayment/overissuance.
(D) In the OWF and PRC programs, the
disqualification consent agreement shall
will be
confirmed by the court.
(E) The
local agency may use the JFS 04027 "Disqualification Consent Agreement"
(rev. 1/2015) or a similar,
county-developed form which meets the requirements of this rule.
(F) When signed, a copy of the
disqualification consent agreement shall
will be given to
the individual, a copy provided to the local agency to be filed in the
individual's case record, and a copy sent to the bureau of state
hearings.
(G) When the individual
suspected of an intentional program violation signs a disqualification consent
agreement, he or she shall
will be disqualified in accordance with rule
5101:6-20-03 of the
Administrative Code, unless contrary to the court order.
(H) Prior to implementing the
disqualification, the local agency shall
will provide the
individual a JFS 04062 "Notice of Disqualification for Intentional Program
Violation," (rev.
1/2015) or an Ohio department of job and
family services approved
its
computer-generated equivalent, in accordance with rule
5101:6-20-18 of the
Administrative Code.
(I) The
disqualification period shall
will be implemented as follows:
(1) For OWF and PRC, the period
shall
will
begin no later than the first day of the second month following the date the
JFS 04062 is mailed.
(2) For SNAP,
the period shall
will begin within forty-five days of the date the
individual signed the disqualification consent agreement.
(3) If the court imposes a disqualification
period or specifies the date for initiating the disqualification period, the
local agency shall
will disqualify the individual in accordance with the
court order.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 08/01/1983, 05/01/1985, 09/01/1994, 05/19/1999, 06/01/2003, 09/01/2008, 02/28/2014, 03/01/2019
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