In accordance with Ohio Revised Code Section 119.032, each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose.

A five-year review was recently conducted on Ohio Administrative Code rule 5101:1-2-30, "Citizenship and Alien Status: Ohio Works First and Disability Financial Assistance." However, after implementation of this rule, it was discovered that further clarification was needed. Neither the five-year rule review nor these revisions are intended to change the policy surrounding citizenship and alien status.

If no further revisions are made to the proposed rule prior to its finalization by the Joint Committee on Agency Rule Review (JCARR), it will become effective on June 1, 2011. If changes are necessary, a copy of the revised rule will be forwarded to you at that time.

The following describes the revisions.

CHAPTER 1000

5101:1-2-30: Citizenship and Alien Status: Ohio Works First and Disability Financial Assistance.

This rule has been revised to remove references to American Indians, the Hmong population and the Highland Laotian tribe, as well as references to the criteria for aliens under the age of 18 years. These changes are being made to accurately establish citizenship and alien status. The section regarding "qualified aliens" was also revised to include the exceptions to the five-year period of ineligibility, the limited eligibility period for aliens whose deportation is being withheld, the limited eligibility period of Cuban and Haitian entrants, and the limited eligibility period for Amerasians.

Instructions

The following chart identifies the material that should be removed from the Cash Assistance Manual and the material that should be added.