FATL 398 (Food Assistance: Treasury Offset Program and Review of a Claim Pending a Treasury Offset Program Referral)
Food Assistance Transmittal Letter No. 398
February 27, 2020
TO: Food Assistance Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Food assistance: treasury offset program and review of a claim pending a treasury offset program referral.

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 based on regulations from the United States Department of Agriculture (USDA) Federal and Nutrition Services (FNS) 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.

This rule has been reviewed by the Joint Committee on Agency Rule Review (JCARR) and will be effective on 03/01/2020.

Chapter 8000

5101:4-8-30 "Food assistance: treasury offset program."

This rule describes the treasury offset program for the Supplemental Nutrition Assistance Program (SNAP). Changes to the rule include: 

  • Language has been updated in paragraph (C) for clarity;
  • Paragraph (C)(1)(b) was amended for consistency;
  • Paragraph (C)(2) was amended for consistency;
  • Language was added to paragraph (C)(2)(c) for clarity;
  • Paragraph (F)(4) was amended due to a change in the responsibility of the review process;
  • The term "food assistance” was replaced with “Supplemental Nutrition Assistance Program (SNAP)”; and
  • Minor grammatical changes for clarity.

Chapter 8000

5101:4-8-30.1 "Food assistance: review of a claim pending a treasury offset program referral."

This rule describes the review process for debtors who disagree with the referral to the treasury offset program. After a thorough review of the process outlined in this rule, it was determined that the review process would be completed by the Office of Fiscal and Monitoring Services, Bureau of Program Integrity (BPI), to provide the opportunity to review written requests of a TOP referral. Changes to the rule include: 

  • County agency was changed to Ohio Department of Job and Family Services (ODJFS), Office of Fiscal and Monitoring Services, Bureau of Program Integrity (BPI) throughout the rule due to a change in responsibilities;
  • Paragraph (A) was amended for clarity;
  • Paragraphs (A)(5) and (A)(6) were amended to thirty days to reflect current guidelines in the federal review manual;
  • Paragraph (A)(6)(b) was amended to add BPI;
  • Paragraph (A)(7) was amended to clarify that the referral will be cancelled if not legally enforceable and past due.
  • Paragraph (A)(8) was added to require copies of the written notices issued to the debtor from BPI to also be issued to the county agency;
  • The term "food assistance” was replaced with “Supplemental Nutrition Assistance Program (SNAP)"; and
  • Minor grammatical changes for clarity.