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.

Ohio Administrative Code rules 5101:4-1-03, 5101:4-2-07, 5101:4-3-11, 5101:4-3-11.1, 5101:4-3-11.2, 5101:4-3-20, 5101:4-3-29, 5101:4-3-30, 5101:4-3-31, 5101:4-3-33,5101:4-3-35 and 5101:4-7-07 have been amended to implement the Agricultural Improvement Act of 2018 (2018 “Farm Bill”) final regulations issued by FNS.

This rule has been subject to a review by the Joint Committee on Agency Rule Review (JCARR).  The changes will become effective on 11/18/2021.

Chapter 0000

5101:4-1-03 "Food Assistance: Definitions."

This rule describes the terms and meanings used to administer SNAP.  Changes to the rule include: 

• Paragraph (B)(18) was amended to reflect the SNAP E&T components offered in Ohio; and
• Amend Paragraph (B)(20) was amended to include case management services as part of the SNAP E&T program.

Chapter 2000

5101:4-2-07 "Food Assistance: Initial Interview Process."

This rule describes the process of initial interviews for SNAP. Changes to the rule include: 

• Paragraphs (D)(12) and (D)(13) were added to describe the consolidated written and oral noticing requirements; and
• Minor changes for clarity.

Chapter 3000

5101:4-3-11 "Food Assistance: Work Registrations and Exemptions."

This rule describes the process for determining which SNAP recipients are subject to work registration requirements. Changes to the rule include: 

• Paragraph (C)(5) was added to include the consolidated written and oral noticing requirements; and
• Minor changes for clarity.

5101:4-3-11.1 "Food Assistance: Work Registration Requirements."

This rule describes the work registration requirements of a work registered individual.  Changes to the rule include: 

• Paragraph (C)(2) was added to describe that an able-bodied adult without dependents (ABAWD) who receives good cause for SNAP E&T requirements also receives good cause for failure to comply with ABAWD work requirements;
• Paragraph (C)(3) was added to define the requirements of a provider determination for good cause when an ABAWD is found not suited to participate in a SNAP E&T component;
• Paragraph (C)(4)(g) was added as a new good cause reason when an appropriate SNAP E&T component is not available;
• Language from previous paragraph (C)(2) was reorganized and moved to paragraph (C)(4) for clarity; and
• Minor changes for clarity.

5101:4-3-11.2 "Food Assistance: Work Registration Sanctions and Compliance."

This rule describes the consequences for failing to meet the work registration requirements.  Changes to the rule include: 

• Paragraph (C) was added to define the process of a provider determination for good cause when an ABAWD is found not suited to participate in a SNAP E&T activity;
• “Food Assistance” has been changed to “SNAP”; and
• Minor changes for clarity.

5101:4-3-20 "Food Assistance: Able-Bodied Adults Without Dependents."

This rule describes the process for determining who is considered an ABAWD; the work registration, SNAP E&T and work requirements applicable to ABAWDs; and the ABAWD time limit.  Changes to the rule include: 

• Paragraph (B)(3)(b) was amended to clarify that a “work program” must be a program under Title 1 of the Workforce Innovation and Opportunity Act (WIOA);
• Paragraph (C)(3)(b) was amended to clarify that when an individual missed hours from work, a work program, or work experience, and the absence was temporary, then good cause would be considered to have been met; and
• Minor changes for clarity.

5101:4-3-29 "Food Assistance Employment and Training: Case Management."

This rule describes the process for providing case management services for individuals required to participate in SNAP E&T. OFA has rescinded and replaced this rule with a new rule as more than 50 percent of the language has been stricken. Changes to the rule include: 

• The title of the rule was changed to case management;
• New paragraph (A) was added to describe case management and applicable activities;
• New paragraph (B) was amended and restructured to describe the comprehensive appraisal process;
• New paragraph (C) was amended and restructured to describe the individualized employability plan;
• New paragraph (D) was added to describe ongoing progress monitoring;
• New paragraph (E) was amended to clarify procedures for failures to comply with the comprehensive appraisal and employability plan;  
• New paragraph (G) was added to describe how hours are counted for case management; and
• Minor changes for clarity.

5101:4-3-30 "Food Assistance Employment and Training Program."

This rule describes the requirements of the SNAP E&T program.  Changes to the rule include: 

• Paragraph (A) was amended to include that a required SNAP E&T participant must participate in case management services in addition to a SNAP E&T component;
• Paragraph (B)(2) was added to explain that a county SNAP E&T program must consist of one or more SNAP E&T components and case management services;
• Paragraph (B)(3) was amended to include that the county agency is to ensure that a contractor or agency operating a SNAP E&T component  notify the county agency within ten days when a participant is found not suited for an assigned SNAP E&T component;
• Updated date references in paragraph (B)(4) to align with federal regulations; and
• Minor changes for clarity.

5101:4-3-31 "Food Assistance Employment and Training: Required Hours."

This rule describes the hour requirements of the SNAP E&T program.  Changes to the rule include: 

• Paragraph (A)(4) was added to explain the minimum hour requirement for case management;
• Paragraph (B)(4) was added to explain the limitations on the hours that a required participant can complete in case management;
• Paragraph (C) was amended to align with federal regulations for volunteers; and
• Minor changes for clarity.

5101:4-3-33 "Food Assistance Employment and Training: Supervised Job Search."

This rule describes the supervised job search component of the SNAP E&T program. Changes to the rule include: 

• Paragraph (A) was amended to align with federal regulations;
• Paragraphs (B)(1) through (B)(4) were amended to define the requirements for supervised job search;
• Paragraph (C) was added to define responsibilities of county agencies when implementing supervised job search; and
• Minor changes for clarity.

5101:4-3-35 "Food Assistance Employment and Training: Education and Training Activities."

This rule describes the education and training activities for the SNAP E&T program. Changes to the rule include: 

• Paragraph (E)(1) was amended to replace job skills assessments with employability assessments; and
• Minor changes for clarity.

Chapter 7000

5101:4-7-07 "Food assistance: Recertification."

This rule describes the process for recertification of SNAP benefits.  Changes to the rule include: 

• Paragraph (A)(3) was added to describe the noticing requirements of the available SNAP E&T services; 
• Paragraph (A)(4) was added to describe the written and oral consolidated noticing requirements;
• Paragraph (C)(5) was amended for clarity;
• Paragraph (D)(3) was added to clarify that the county agency is to deny the recertification when an assistance group has completed an interview and failed to submit an application for recertification;
• Paragraph (D)(4) was amended to align with federal regulations;
• Language was moved from paragraph (D)(4) to new paragraph (D)(5);
• Paragraph (D)(7) was amended to clarify that when an assistance group submits an application for recertification but does not complete an interview, the county agency is to deny the application;
• Language from previous paragraph (G)(2) was amended and moved to new paragraph (I)(3); and
• Minor changes for clarity.