In accordance with Ohio Revised Code (ORC) 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, amended or be rescinded, taking into consideration each rule's scope and purpose.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 5101:1-2-30.2, "Benefit eligibility: Indefinite detainees or lifers." 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 September 9, 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

5101:1-2-30.2: Benefit eligibility: Indefinite detainees or lifers

This rule is being proposed for rescission and replaced with a new rule written in question-and-answer format for clarity. In addition, the acronym "CDJFS" is being changed to "county agency" to align with the Food Assistance rules. Rule 5101:1-2-30.2 sets forth the policy for those serving indefinite sentences or life in prison who have been given a final order of removal from the United States. The new rule answers the following questions:

• Who are indefinite detainees or lifers?
• What must an indefinite detainee or lifer provide when applying for benefits?
• What are the responsibilities of the county agency?

Instructions

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