FATL 323 (Five-Year Rule Review: Nondiscrimination, Timeliness Standards and Benefit Issuance, and Transfer of Resources)
Food Assistance Transmittal Letter No. 323
September 15, 2011
TO: Food Assistance Certification Handbook Holders
FROM: Michael B. Colbert, Director
SUBJECT: Five-Year Rule Review: Nondiscrimination, Timeliness Standards and Benefit Issuance, and Transfer of Resources

Background

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, the 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 additional revisions are made to these rules prior to their finalization by the Joint Committee on Agency Rule Review, they will become effective on October 1, 2011. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

None of the proposed changes will directly affect the eligibility of applicants or recipients. The following is a brief description of the changes.

CHAPTER 1000

5101:4-1-15, Food assistance: nondiscrimination.

This rule has been rescinded and filed as new. It explains in detail what county agencies must do to comply with the nondiscrimination requirements. The nondiscrimination poster was changed to the "And Justice For All" nondiscrimination poster Form AD-475A (revised 3-98). The rule has been rewritten in question-and-answer format to improve clarity.

CHAPTER 2000

5101:4-2-11, Food assistance: timeliness standard and benefit issuance.

This rule has been amended. The language in paragraph (B)(1) that required applicants to file new applications if their interviews were not completed in 30 days has been removed. This change is due to a clarification received regarding applications denied at the end of the initial thirty days for failing to complete an interview. The county agencies can reinstate applications if applicants complete their interviews within 60 days of filing.

CHAPTER 4000

5101:4-4-09, Food assistance: transfer of resources.

This rule has been rescinded and filed as new. It explains in detail how an improper transfer of resources is determined and how the period of ineligibility is calculated. The rule has been rewritten in question-and-answer format to improve clarity. A clarification was added to ensure that transferred resources were only inquired about when an assistance group contains a member with an intentional program violation or a member who has failed to comply with an employment and training requirement.

Instructions:

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

LocationRemove and file as obsoleteInsert/replacement
FOOD ASSISTANCE  
Chapter 1000  
Food assistance:
nondiscrimination.
5101:4‑1‑15
(effective 07/01/06)
5101:4‑1‑15
(effective 10/01/11)
Chapter 2000  
Food assistance:
timeliness standard and benefit issuance.
5101:4‑2‑11
(effective 03/01/11)
5101:4‑2‑11
(effective 10/01/11)
Chapter 4000  
Food assistance: transfer of resources.5101:4‑4‑09
(effective 07/01/06)
5101:4‑4‑09
(effective 10/01/11)
Appendix  
Appendix 35
Record to changes in the handbook.
NAUpdate with the number
and date of this transmittal.