This SHMTL contains 10 rules from Chapters 5101:6-1 through 5101:6-7 of the Administrative Code. These rules were amended as part of a five-year rule review.

The effective date of these rules is February 28, 2014.

SHM 1000:

5101:6-1-01 "State hearings: general." This amended rule describes the general hearing and appeal rights and procedures applicable to family services program benefits. The rule also provides general definitions applying to Chapters 5101:6-1 through 5101:6-9 of the Administrative Code. Changes include adding Medicaid as a separate agency, correcting program area names, and adding definitions to clarify or to further expand electronic processes.

5101:6-3-01 "State hearings: grounds for requesting a state hearing." This amended rule describes the grounds by which an individual may request a state hearing. The rule is changed to include Medicaid authority for state hearings and correct departmental names.

5101:6-3-02 "State hearings: state hearing requests." This amended rule sets forth definitions and time lines for requesting a state hearing. The rule also outlines how state hearings will process limited English proficiency and civil rights issues. The rule is changed to include Medicaid authority for state hearings and to make typographical corrections.

5101:6-5-01 "State hearings: procedures prior to the state hearing." This amended rule sets forth the procedures prior to the state hearing, including where to send hearing requests, completing an appeal summary, the grounds for holding a county conference, the right to legal representation, accessing documents, and obtaining subpoenas. The changes to this rule include giving the individual the right to inspect the case record at least three days prior to the state hearing. The rule also clarifies a subpoena must come in writing to the Ohio Department of Job and Family Services.

5101:6-5-02 "State hearings: postponement of the state hearing." This amended rule describes the process by which an individual may request a postponement of the state hearing. Changes are limited to making corrections to change the "Bureau of State Hearings" to "State Hearings," so we may standardize the terminology among the rules.

5101:6-5-03 "State hearings: denial and dismissal of state hearing requests." This amended rule describes the process by which the Ohio Department of Job and Family Services will issue denial and dismissal notices to the individual and to the local agency. This rule also describes the "good cause" requirements for an individual who wishes to reschedule the hearing. Changes include removing an obsolete denial or dismissal form and providing a description of the form in its place.

5101:6-6-01 "State hearings: scheduling and attendance." This amended rule sets forth the process by which a state hearing is scheduled and heard. The rule also outlines the notices required to be sent out by the Ohio Department of Job and Family services, as well as establishing requirements for agencies who participate in the hearing. Changes to the rule are limited to departmental name changes.

5101:6-6-02 "State hearings: rights and responsibilities of the participants." This amended rule sets forth the rights and responsibilities of the participants to the state hearing. Changes to this rule include spelling out an acronym and correcting a form revision date.

5101:6-7-01 "State hearings: state hearing decisions." This amended rule sets forth the requirements for how state hearing decisions are written and how issues are addressed and decided. Changes to this rule are limited to removal of an outdated form and correcting an incorporation by reference date.

5101:6-7-03 "State hearings: implementation of the hearing decision." This amended rule describes Ohio Department of Job and Family Services' role and Ohio Department of Medicaid's role in ensuring compliance with a state hearing decision. The rule also sets forth the timeframe for local agencies and state agencies to complete their compliance reviews. Changes in this rule include standardizing references to "State Hearings" and correcting departmental names.

SHM Instructions:

This information is also available on the Internet and may be accessed at:

ODJFS Electronic Manuals: http://emanuals.jfs.ohio.gov/

InnerWeb Calendar:http://www.odjfs.state.oh.us/lpc/calendar/staff/

Internet Calendar:http://www.odjfs.state.oh/lpc/calendar/