(A)The following
definitions apply to rules 5101:6-50-01 to 5101:6-50-09 of the Administrative
Code.
(1)"Affected
party" means a person whose interests are subject to an adjudication by
ODJFS, including providers and licensees.
(2)"Appellant"
means an affected party who has requested an adjudication hearing pursuant to
Chapter 119. of the Revised Code.
(3)"Contract"
means any agreement through which ODJFS purchases goods or services from a
vendor.
(4)"Department"
means the Ohio department of job and family services.
(5)"Depository
agent" means the office of legal and acquisition services of ODJFS and its
official mailing address for the purpose of receiving correspondence or filings
for any hearing held under authority of Chapter 5101:6-50 of the Administrative
Code.
(6)"Director"
means the director of ODJFS or the director's designee.
(7)"Grant"
means an award of funds by ODJFS to a public agency or private nonprofit
corporation that does not include the purchase or lease of services, materials,
or supplies for ODJFS.
(8)"Hearing"
means a hearing held by ODJFS in compliance with sections 119.06 to 119.13 of
the Revised Code.
(9)"Last
known address" means the most recent mailing address reported to ODJFS by
the person in compliance with requirements to provide the person's address.
(10) "License"
means any license, permit, certificate, commission, or charter issued by ODJFS.
License does not include any arrangement whereby a person, institution, or
entity furnishes medicaid services under a provider agreement with ODJFS.
(11) "Licensee"
means any person, institution, or entity, governmental or non-governmental,
that furnishes services under a license issued by ODJFS pursuant to statute.
(12) "ODJFS"
means the Ohio department of job and family services.
(13) "Order"
means any final adjudication of facts, issues, or amounts in controversy in any
hearing conducted under the authority of Chapter 5101:6-50 of the
Administrative Code before ODJFS and any final disposition or directive of the
director regarding the rights, duties, privileges, benefits, legal
relationships, jurisdictional status, or standing of any affected party or
appellant.
(14) "Person"
means an individual, a firm, a corporation, an association, an institution, a
partnership, or an entity.
(B)Application of
procedures contained in Chapter 5101:6-50 of the Administrative Code.
Chapter 5101:6-50 of the Administrative Code prescribes the
procedures to be followed in all hearings held before ODJFS pursuant to
sections 119.06 to 119.13, 5103.03, 5103.12 and 5104.04 of the Revised Code.
The provisions of Chapter 5101:6-50 of the Administrative Code are to be
interpreted and construed to achieve their general purpose of providing orderly
and fair procedures for conducting hearings before ODJFS. Section 1.14 of the
Revised Code controls the computing of time deadlines referenced in Chapter
5101:6-50 of the Administrative Code.
(C)Actions that do
not provide hearing rights under this chapter.
Unless otherwise noted, Chapter 5101:6-50 of the Administrative
Code does not apply to circumstances that include, but are not limited to, the
following:
(1)Acts of the
director or other officers of ODJFS that are ministerial in nature.
(2)Actions of
ODJFS that are subject to hearings under an administrative review procedure
other than the review provided by Chapter 119. of the Revised Code.
(3)Actions
involving in-home aides pursuant to Chapter 5104. of the Revised Code.
(4)Hearings,
authorized by section 5101.35 of the Revised Code and rules in Chapters
5101:6-1 to 5101:6-9 of the Administrative Code, provided to applicants for, or
recipients of, benefits under Ohio works first; prevention, retention or
contingency program; temporary assistance for needy families; food assistance;
medicaid; social services; adoptions; disability financial assistance;
residential state supplement payments; Titles IV-A, IV-B, IV-D, IV-E, XIX, XX,
or XXI of the Social Security Act (as in effect on 10/1/201810/1/2023), 49 Stat. 620 or other assistance programs;
who are aggrieved because of the actions of ODJFS, other state agencies, or of
a county department of job and family services, child support enforcement
agency, public children services agency, or other county agencies.
(5)Except as
provided in paragraph (D) of this rule, disputes involving a Title XX social
services contract entered into between ODJFS or a county department of job and
family services, public children services agency, or child support enforcement
agency and a contractor of services.
(6)Personnel
action appeals of employees of ODJFS or of a county department of job and
family services, public children services agency, or child support enforcement
agency.
(7)Disputes
involving the issuance, denial, or termination of a contract, a grant, or an
interagency agreement issued by ODJFS or a protest filed with regard to a
request for proposals issued by ODJFS.
(8)Administrative
actions taken by ODJFS that involve program administration and funding
affecting county departments of job and family services, public children services
agencies, or child support enforcement agencies.
(9)Appeals and
disputes arising out of any actions under section 5101.20, 5101.201, 5101.21,
5101.213, 5101.216, 5101.22, 5101.221, 5101.24, 5101.241, or 5101.242 of the
Revised Code.
(10) Actions and
disputes involving the use or access to funds administered under the Workforce
Investment Act of 1998, 112 Stat. 936, 239 U.S.C.A. 2801, the Wagner-Peyser
Act, 48 Stat. 113 (1933), 29 U.S.C.A. 49, and Chapters 4141. and 6301. of the
Revised Code, or any other funds for which the United States department of labor
is responsible for direct or indirect oversight.
(D)Actions that
provide hearing rights under this chapter.
Except as provided in paragraph (C) of this rule, those actions
of ODJFS that afford the right to a hearing pursuant to ODJFS authority
provided in Chapter 119. of the Revised Code include the proposal of the
director to do the following:
(1)Refuse to issue
a license, unless a hearing was held before the refusal to issue such license.
(2)Suspend or
revoke a license.
(3)Require a
person to obtain a license when the person claims that the law does not impose
such a requirement, except when ODJFS pursues injunctive relief through
division (H) of section 5103.03 or division (G) of
section 5104.04 of the Revised Code.
(4)Terminate,
refuse to enter into, or refuse to renew an agreement with a public children
services agency or private child placing agency under section 5103.12 of the
Revised Code.
Effective: 1/1/2024
Five Year Review (FYR) Dates: 10/13/2023 and 01/01/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 12/18/2023
Promulgated Under: 119.03
Statutory Authority: 5101.02
Rule Amplifies: 119.06, 119.07, 119.09, 5101.24, 5103.03,
5103.12, 5104.03, 5104.04
Prior Effective Dates: 01/01/1983, 01/10/1987, 10/01/1987,
12/01/1987 (Emer.), 02/16/1988, 02/01/1999, 04/01/2004, 10/01/2008, 02/28/2014,
01/01/2019