This letter is to inform you that a five-year review has been conducted on the rules listed below, in accordance with Section 119.032 of the Ohio Revised Code. As a result, all five rules have been revised to incorporate "plain language." This is clear, simply stated language, written with the reader in mind. These revisions will allow for better clarity and more efficient administration of the Food Assistance Program.

If no revisions are made to the proposed rules prior to their finalization by the Joint Committee on Agency Rule Review, they will become effective on March 1, 2010. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

5101:4-2-02, "Food Assistance: Categorically Eligible Assistance Groups"

This rule has been rescinded and filed as new. The policy regarding categorically eligible assistance groups has not changed. The beginning of this rule defines the categories of categorical eligibility, and the later part of the rule gives specific information for how to handle potentially categorically eligible assistance groups. The language regarding the Supplemental Security Income (SSI) cash-out program has been removed. This language is from the federal Code of Regulations and applies only to the Supplemental Nutrition Assistance Program (SNAP) cash-out program in the state of California.

5101:4-2-05, "Food Assistance: Authorized Representatives"

This rule has been rescinded and filed as new. The policy regarding authorized representatives has not changed. The rule was rewritten in plain language to identify what an authorized representative is, how one is identified, who can be an authorized representative, what an authorized representative can do, and how authorized representatives are used in drug and alcohol treatment centers and group homes. It also sets forth the limitations of an authorized representative.

5101:4-2-11, "Food Assistance: Timeliness and Benefit Issuance"

This rule has been rescinded and filed as new. The policy regarding timeliness and benefit issuance has not changed. The rule was rewritten in plain language to clarify the standards for application processing, when a case can be denied, how benefits are issued, how adjustments are made when an error has occurred in a benefit transaction, and how an assistance group may dispute a decision.

5101:4-3-08, "Food Assistance: Reporting Illegal Aliens"

This rule has been rescinded and filed as new. It contains the regulations and procedures for reporting individuals known to be residing in the United States illegally. This rule also defines "known to be illegal" as when the county agency has documentation from the United States Citizenship and Immigration Service that proves the individual is residing illegally in the United States. This rule has been rewritten to clarify that only those individuals known by the county agency to be illegal shall be reported.

5101:4-6-01, "Food Assistance: Determining Eligibility of Individuals in Drug Addiction and Alcoholic Treatment Programs"

This rule has been amended to clarify the regulations pertaining to individuals in drug addiction and alcoholic treatment centers. Appendix A is now obsolete. This appendix was intended to allow county agencies to accept letters from the Ohio Department of Alcohol and Drug Addiction Services (ODADAS) showing that treatment centers were furthering the purposes of Part B of Title XIX. However, we have confirmed that ODADAS will not provide letters for agencies that are not state certified. This makes the procedures listed in this appendix obsolete.

INSTRUCTIONS:

The following chart identifies the material that should be removed from the Food Assistance Certification Handbook and the material that should be added.