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) Food 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.

These rules have been reviewed by the Joint Committee on Agency Rule Review (JCARR) and will be effective on 05/01/2021.

Chapter 8000

5101:4-8-17 "Food assistance: calculating the overpayment claim amount."

This rule describes the requirements of calculating overpayment claims, begin dates for overpayments, and the disqualification time periods.  OFA has rescinded and replaced this rule with a new rule as more than 50 percent of the language has been stricken.  The rule has been reorganized to improve clarity.  Changes to the rule include:  

• The title of the rule was amended for clarity;
• Paragraph (A)(1) was modified and broken out into sub paragraphs based on claim type and timeframes;
• New paragraph (A)(1)(b) was amended to limit the timeframe a county agency can include in the claim determination when the error was caused by the county agency (which is a State option in federal rule);
• New paragraph (A)(1)(c) was updated to clarify that claims for intentional program violations are not to include any amount occurring more than six years before the county agency became aware of the overpayment;
• Former paragraph (E) was moved to new paragraph (B) to improve clarity;
• Language was moved from paragraph (C) to new paragraph (D) for clarity;
• Paragraph (E) was amended to update timeframe requirements;
• Language was added to paragraph (F) to outline the timeframe requirements for overpayment calculation;
• Paragraph (H) was amended and broken out into sub paragraphs based on timeframe processing for clarity;
• Paragraph (I) was amended and broken out into sub paragraphs based on timeframe processing for clarity;
• Paragraph (K) was restructured for clarity;
• The term “food assistance” was replaced with “Supplemental Nutrition Assistance Program (SNAP);
• Paragraphs were updated to be in question and answer format; and
• Minor grammatical changes for clarity.