Background

Under current Ohio rule, when a Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) participant has failed to comply with the E&T program, the individual is notified of their right to provide good cause for the failure at the time a sanction is proposed.  At any time prior to the imposition of the sanction, a participant may provide good cause information to prevent the sanction from being imposed.

As a result of a management evaluation of the State's SNAP E&T program, the United States Department of Agriculture Food and Nutrition Service (FNS), is requiring the State to change the process for sanctioning SNAP E&T participants. Specifically, a participant must be informed of the right to provide good cause for a failure prior to a sanction being proposed and the notification must specify the date and time of the failure.

Amended Policy

In order to take corrective action and be released from the finding by FNS, the Ohio Department of Job and Family Services (ODJFS) amended rule 510:4-3-11.2 of the Administrative Code.  The federal regulations do not require a specific format for the notice, therefore ODJFS is not requiring the use of a form, nor has it developed a notice to be issued from Ohio Benefits.  Rather, the amended rule allows for the notification to take place by any "reasonable means", which would include a telephone call, email, or letter.  As for every action, it is critical that the county agency document the action taken within the case record and that the documentation can withstand third-party review.  When the case record is incomplete, the action to propose the sanction may result in a procedural error identified through Quality Control. 

Regardless of how a participant is noticed, it is critical that the participant be informed of the specifics regarding the failure.  It is the individual's responsibility to contact the county agency within seven days of the notification to show good cause for the failure.  If there was not good cause for the failure, the county agency may then propose the sanction.  The SNAP E&T participant may still provide good cause information to prevent the sanction from being imposed.

This rule has been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 04/01/2020.

Chapter 3000

5101:4-3-11.2 "Food assistance: work registration sanctions and compliance."

This rule describes the requirements of a work registered individual and the consequences for failing to meet the requirements. OFA amended this rule. Changes to the rule include:

• Paragraph (B)(1) has been added to state that the county agency or SNAP employment and training (E&T) provider shall ensure that, prior to the county agency issuing a notice of noncompliance, the individual was informed of the failure(s) and of his or her right to provide good cause information for the failure. The notice of noncompliance may be issued to the individual by any reasonable means such as, but not limited to: a letter, phone call, email, etc.
• Language was stricken from paragraph (B) and reorganized to paragraph (B)(2) to clarify it is the responsibility of the individual when notified of failure, to contact the county agency within seven days of the notification of noncompliance to show good cause.