FATL 346 (Five Year Rule Review: Project Area Changes)
Food Assistance Transmittal Letter No. 346
April 24, 2015
TO: All Food Assistance Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Five Year Rule Review: Project Area Changes

In accordance with section 106.03 of the Ohio Revised Code (ORC), each state agency is required to review each of its rules in the Ohio Administrative Code a minimum of once every five years. The intent of the review is to ensure that Administrative Code 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, local agencies will be given increased flexibility, and any adverse impact on businesses will be eliminated or reduced. As a result of the review, the agency may amend the rule; rescind the rule; or continue the rule without amendment.

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). These rules will become effective on 5/1/2015.

Chapter 1000

5101:4-1-16 "Food Assistance: Project Area."

The rule describes the approved county collaborations and the statewide project area. This rule has been rescinded and replaced with a new rule of the same number. Changes from the old rule to the new rule include:

  • Defining Ohio as one statewide project area for the purposes of administering food assistance benefits. As a result of the change, food assistance recipients that move between counties will have their cases transferred and they will no longer be required to file an application in the new county of residence. The existing requirement that an application must be filed with an applicant's county of residence is unchanged; and
  • Defining "county collaboration" as multiple county departments of job and family services under a common agreement that operate as a single entity for purposes of administering cash and food assistance benefits.
  • The county names for approved county collaborations were removed from paragraph (B). Current and future approved county collaborations will be identified in food assistance change transmittals.

Chapter 2000

5101:4-2-01 "Food Assistance: Initial Application Process."

The rule describes how an individual applies for food assistance benefits. This rule has been amended. Changes to the rule include clarifying that an application for food assistance must be filed with a county agency that services the county in which the applicant resides.

Chapter 3000

5101:4-3-03 "Food Assistance: Nonfinancial Eligibility Standard-Residency."

The rule describes the residency requirement for food assistance applicants. This rule has been amended. Changes to the rule include:

  • Removing the term "project area" throughout the rule and replacing it with the term "county"; and
  • Clarifying that an individual cannot participate in more than one household in a month.

Chapter 7000

5101:4-7-01 "Food Assistance: Reporting Requirements During the Certification Period."

The rule describes the reporting requirements for food assistance recipients and how the county agency processes the changes. This rule has been amended. Changes to the rule include:

  • Explaining what a county agency shall do when it learns that an assistance group has reported a change of residence;
  • Specifying that changes that cause an increase to benefits shall become effective with the allotment issued the month after the month in which the verified change was reported; and
  • Specifying a change that decreases benefits must have a notice of adverse action issued within ten days of the date the change was reported.

5101:4-7-01.1 "Food Assistance: Inter-county Transfer."

This is a new rule that describes the procedures that a county agency must follow when it discovers that the county of residence for a food assistance assistance group has changed during the certification period.