The following rules were reviewed 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Rules reviewed include the following:

5101:4-1-05,5101:4-1-13,5101:4-2-03,5101:4-8-17,5101:4-8-19, and 5101:4-8-23

Implementation

These rules are proposed to be effective 12/01/2009. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on 12/01/2009. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

There will not be any changes to these rules that directly affect the eligibility of an applicant/recipient or how any county agency will administer the program. The following is a brief description of the changes to the rules:

In these rules the reference to "stamps" was changed to "assistance", and acronyms were spelled out the first time they were used in the rule. The necessary grammatical revisions were also made throughout. All the charts were stricken and the information was set forth in paragraph form to improve clarity. Additional changes to language and format were made to improve clarity.

Specific substantive changes are highlighted below:

5101:4-1-05Food assistance: personnel standards, bilingual staff and material, records and reports.

All references to "stamps" were changed to "assistance", all references to "certification office" and "project area" were changed to "county agency" and "county", and all references to "AG" were spelled out.

5101:4-1-13Food assistance: availability of information, program administration, office operations, and income eligibility verification system information.

This rule was updated to clarify the definition of fleeing felon and the proper procedure to follow when processing a possible fleeing felon. The Ohio Department of Job and Family Services received a clarification from the United States Department of Agriculture-Food and Nutrition Service which explained that an individual is only considered fleeing if the appropriate law enforcement agency is actively pursuing arrest or extradition. This rule now explains the proper 4-step process for a county agency to follow when determining, based on written documentation from the law enforcement agency, whether an individual is fleeing.

5101:4-2-03Food assistances: assistance group definitions

This rule was also updated to clarify the definition of fleeing felon and the proper procedure to follow when processing a possible fleeing felon, as described above regarding rule 5101:4-1-13. The United States Code citation was added to the Housing Act of 1959.

5101:4-8-17Food assistance: calculating the overpayment claim amount.

The reference to the Controlled Substances Act was updated to include reference to the amended date.

5101:4-8-19Food assistance: initiating collection action and managing claims.

All references to paper coupons were removed from this rule because effective June 17, 2009 coupons were no longer legal tender pursuant to the Food and Nutrition Act of 2008.

5101:4-8-23Food assistance: claims retention rates and accounting procedures.

Section D of the rule was removed because it was the procedure to follow for paper coupons and as of June 17, 2009, paper coupons were no longer legal tender pursuant to the Food and Nutrition Act of 2008.

Instructions: