FATL 425 (Food Assistance: Resources Excluded by Law and Transfer of Resources)
Food Assistance Transmittal Letter No. 425
October 27, 2021
TO: All Food Assistance Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Food assistance: resources excluded by law and transfer of resources.

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.

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 12/01/2021.

Chapter 4000

5101:4-4-03.3 " Food Assistance: Resources Excluded by Law."

The rule describes resources that are exempt by federal law from being included as a resource to food assistance applicants and recipients. OFA amended this rule. This rule has been revised with the following changes: 

  • Effective dates for various Public Law Numbers were corrected; and
  • Minor grammatical changes for clarity.

5101:4-4-09 "Food Assistance: Transfer of Resources."

The rule describes the guidelines for transferring resources for the food assistance program. OFA amended this rule. This rule has been revised with the following changes: 

  • (A)(2) was amended for clarity;
  • (A)(3) was added to include those violating a condition of probation or parole, fleeing to avoid prosecution, custody or confinement, or for being out of compliance with their sentence as defined in rule 5101:4-2-03 of the Administrative Code; and
  • (A)(3) was moved to (A)(4).