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 (OAC) rules 5101:4-3-33, 5101:4-3-34, 5101:4-3-35, 5101:4-3-36 and 5101:4-3-38 are being amended for five-year rule review. To align with changes to the aforementioned rules, OAC rules 5101:4-1-03 and 5101:4-3-40 are being amended to add job retention and work-based learning to the definition of employment and training (E&T) component, to clarify how a supplemental nutrition assistance program (SNAP) E&T participant is defined and to clarify that SNAP E&T program rules apply to these recipients based on federal regulations. 

Additionally, OAC rule 5101:4-3-20.1 is being amended to align with guidance issued by FNS that able-bodied adult without dependents (ABAWDs) who have reached the 3 of 36-month ABAWD time-limit are not to be considered recipients of SNAP, therefore SNAP E&T activities should not be used to regain eligibility.  OAC rule 5101:4-3-29 is being amended to clarify that the appraisal process is a condition of continued SNAP eligibility for individuals subject to the work registration requirement described in paragraph (A)(5) of rule 51014-3-11.1 and to clarify when an appraisal is to be conducted.

Lastly, as a result of a management evaluation of the State's SNAP E&T program, FNS is requiring the State to expound on the processes for screening and referring to the SNAP E&T program and for sanctioning SNAP E&T participants.  In order to take corrective action and be released from the finding by FNS, the Ohio Department of Job and Family Services (ODJFS) is amending OAC rules 5101:4-2-07, 5101:4-3-11 and 5101:4-3-11.2 to align with federal regulations that each work registrant is to be screened for appropriateness for referral to the SNAP E&T program and to require the use of the JFS 07208, "Supplemental Nutrition Assistance Program Work Registration, ABAWD, and Employment and Training Screening Tool", the JFS 07209, "Supplemental Nutrition Assistance Program Notification of Alleged Failure" and the JFS 07210, "Supplemental Nutrition Assistance Program Employment and Training Pre-Sanction Checklist".

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 10/01/2023.

Chapter 0000

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

This rule describes the terms and meanings used to administer the supplemental nutrition assistance program (SNAP). Changes to the rule include: 

• Paragraph (B)(18) was amended to add job retention and work-based learning to the SNAP E&T components offered in Ohio; and
• Paragraph (B)(19) was amended to clarify that an E&T participant is a SNAP recipient who has been referred to the SNAP E&T program and is either required to be work registered in accordance with rule 5101:4-3-11 of the Administrative Code or who volunteers to participate.

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 amending paragraph (D)(9) to align with federal regulations and clarify that during the interview county agencies are to screen each individual who is either an adult or a sixteen or seventeen year old who is the assistance group name and is not in school or in the SNAP E&T program, to determine if an individual is required to register for work and for appropriateness for referral to the SNAP E&T program, by using the JFS 07208, "Supplemental Nutrition Assistance Program Work Registration, ABAWD, and Employment and Training Screening Tool" or other automated system equivalent approved by the Ohio department of job and family services (ODJFS).

Chapter 3000

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

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

• Paragraph (C)(4) was amended to clarify that county agencies are to screen each individual who is either an adult or a sixteen or seventeen year old who is the assistance group name and is not in school or in the SNAP E&T program, to determine if an individual is required to register for work and for appropriateness for referral to the SNAP E&T program by using the JFS 07208, "Supplemental Nutrition Assistance Program Work Registration, ABAWD, and Employment and Training Screening Tool" or other ODJFS approved automated system equivalent;
• New paragraph (C)(5) was added to align with federal regulations and clarify that when appropriate, SNAP recipients subject to the work registration requirement in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code are to be referred to the SNAP E&T program; and
• Minor language 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 (B)(1)(a) was amended to clarify that county agencies are to inform individuals of failures by issuing the JFS 07209, "Supplemental Nutrition Assistance Program Notification of Alleged Failure" and documenting the case record;
• Paragraph (B)(1)(b) was amended to update the cited rule paragraph;
• Paragraph (B)(1)(c) was stricken as it was repetitive of new language added in paragraph (B)(1)(a);
• Language in paragraph (B)(2) was stricken and moved to new paragraph (B)(2)(b);
• Paragraph (B)(2)(a) was amended to clarify that county agencies are to complete the JFS 07210, "Supplemental Nutrition Assistance Program Employment and Training Pre-Sanction Checklist" and save it to the case record, prior to processing a noncompliance within the Ohio benefits integrated eligibility system; and
• Paragraphs (B)(2)(c), (d) and (e) were stricken and moved to new paragraph (B)(2)(b).

5101:4-3-20.1 "Food Assistance: Regaining Eligibility."

This rule describes the process for how ABAWDs who have reached the ABAWD time-limit are to regain SNAP eligibility. Changes to the rule include: 

• Paragraph (B) was amended to align with FNS guidance and clarify that an ABAWD who has lost eligibility due to the ABAWD time-limit may regain eligibility by meeting ABAWD exemption criteria or by engaging in work or a work program for eighty hours during any thirty consecutive days as determined by the county agency;
• Paragraph (C) was amended to clarify when eligibility is considered to have been regained; and
• Paragraph (E)(2)(b) was amended to align with federal regulations.

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.  Changes to the rule include: 

• Paragraph (B)(1) was amended to clarify that as a condition of continued eligibility, individuals subject to the work registration requirement described in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code are required to be appraised; and
• Paragraph (B)(3)(a) was amended to clarify that at certification and recertification, a comprehensive appraisal is to be completed immediately following certification but no later than thirty days from authorization of benefits.

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 (D)(1) was amended to clarify that supervised job search should not be assigned as a continuous year round assignment, however, for a SNAP E&T participant who is either a volunteer or an ABAWD who resides in a county subject to a waiver of the ABAWD time-limit, supervised job search may continue to remain the assignment when the county agency determines it most suitable and it continues to provide reasonable opportunity to find suitable employment;
• New paragraph (D)(2)(a)(i) was added to align with federal regulations and to describe that when supervised job search is assigned immediately following certification of SNAP benefits, it is not to exceed thirty days prior to making a work experience program (WEP) assignment.  When assigned in this manner, supervised job search is part of the WEP assignment and participants are considered to be participating and complying with the requirements of WEP;
• New paragraph (D)(2)(a)(ii) was added to clarify that ABAWDs subject to the ABAWD time-limit may be assigned to supervised job search at any time during the certification period but it must be paired with another SNAP E&T activity and the required hours spent in supervised job search must be less than half of the total number of hours the ABAWD is required to participate in SNAP E&T; and
• Minor language changes for clarity.

5101:4-3-34 "Food Assistance Employment and Training: Work Experience Program."

This rule describes the work experience program (WEP) component of the SNAP E&T program. Changes to the rule include minor language changes for clarity.

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

This rule describes the education and training activities of the SNAP E&T program. Changes to the rule include minor language changes for clarity.

5101:4-3-36 "Food Assistance Employment and Training: Displacement of Other Persons."

This rule describes the prohibition on the displacement of other persons from employment in regards to SNAP E&T. Changes to the rule include minor language changes for clarity.

5101:4-3-38 "Food Assistance Employment and Training: Conciliation Process."

This rule describes the conciliation process within the SNAP E&T program. Changes to the rule include minor language changes for clarity.

5101:4-3-40 "Food Assistance Employment and Training: Work-Based Learning. "

This rule describes the work-based learning component of the SNAP E&T program. Changes to the rule include minor language changes for clarity.