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 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 5101:4-2-01 and 5101:4-8-03 have been amended for five year rule review. Rules 5101:4-2-03 and 5101:4-2-05 have been amended to incorporate changes due to FNS guidance regarding unaccompanied homeless minors applying for benefits.  In certain situations, a minor may apply on behalf of themselves or other individuals who are considered under the parental control of the minor.  The rules have been updated to allow for this when an unaccompanied homeless minor is not under the parental control of another adult and is seeking to apply for benefits on their own.

The Office of Family Assistance (OFA) has completed a review of the following rules and these rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 11/1/2022.

Chapter 2000

5101:4-2-01 "Food assistance: initial application process."

This rule describes the process of an initial application for the SNAP program.  OFA amended this rule.  Changes to the rule include: 

• Paragraph (A)(2)(c) was added to define a complete telephonic application;
• Language was added to paragraph (A)(3) to clarify the assistance group must be provided a written summary of the interview information assented to when an application is signed telephonically;
• Paragraph (C)(1) was amended to detail who may sign the application, which includes unaccompanied homeless minors;
• Paragraph (C)(2)(b) was amended to remove that the online application (self-service portal, or SSP) was the only form of an “electronic signature”. Examples of other types of electronic signatures was added to this paragraph;
• Removed language from paragraph (C)(5) that limited who may sign the application to allow for unaccompanied homeless minors to sign on their own behalf;
• Removed the county contact methods from paragraph (D)(1)(a);
• Added clarifying language to paragraph (D)(2);
• Removed telephone contact as the only method of county contact from paragraph (E)(2);
• Added language to paragraph (F) to specify the date of application for a telephonic application is the date the telephonic application process is completed;
• Language was added to paragraph (G) for clarity;
• Paragraph (M) was reordered and (M)(2) was added to define an incomplete telephonic application process is considered an inquiry; and 
• Minor grammatical and date changes for clarity.

5101:4-2-03 "Food assistance: assistance group definitions."

This rule describes the process of determining an assistance group and who should be included in the assistance group. OFA has amended this rule. Changes to this rule include:  

• Added paragraph (A)(7) to define an unaccompanied minor as a homeless individual not living with their parent(s) (natural, adopted, or step) and is not under parental control of a household member as described in paragraph (A)(5) of this rule can be determined to be an assistance group.

5101:4-2-05 "Food assistance: authorized representatives."

This rule defines the requirements of authorized representatives for the Supplemental Nutrition Assistance Program (SNAP).  OFA amended this rule.  Changes to the rule include: 

• Added language to paragraph (A) to allow an unaccompanied homeless minor to designate an authorized representative; and
• Edited language to state that an authorized representative must be designated rather than identified.

Chapter 8000

5101:4-8-03 "Food assistance: restoration and entitlement of lost benefits."

This rule describes the requirements for restoration and entitlement of lost SNAP benefits.  OFA amended this rule. Changes to this rule include: 

• Updated food assistance reference to supplemental nutrition assistance program (SNAP) in paragraph (A);
• Updated one year to twelve months in paragraph (B)(3)(b) to align with the rest of the rule;
• Update reference of reapplication to recertification and added Administrative code 5101:4-5-07 rule reference to paragraph (G)(2)(a); and
• Minor grammatical changes for clarity.