FSTL 225 (May 1999 Rule Review)
Food Stamp Transmittal Letter No. 225
April 5, 1999
TO: Food Stamp Certification Handbook Holders
FROM: Jacqueline Romer-Sensky, Director
SUBJECT: May 1999 Rule Review Miscellaneous

The following rules were reviewed in accordance with the Ohio Revised Code Section 119.032. Each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

This rule review consisted of Chapters 7000 and 8000 of the Food Stamp Certification Handbook (FSCH). The Ohio Administrative Code (OAC) rules included were: 5101:4-7-01, 5101:4-7-03, 5101:4-7-07, 5101:4-7-08, 5101:4-7-09, 5101:4-7-092, 5101:4-7-093, 5101:4-7-094, 5101:4-7-095, 5101:4-7-11, 5101:4-7-13, 5101:4-7-14, 5101:4-8-03, 5101:4-8-05, 5101:4-8-09, 5101:4-8-15, 5101:4-8-17, 5101:4-8-19, 5101:4-8-23, 5101:4-8-231, and 5101: 4-8-25. Where appropriate, the clearance comments were incorporated into the rules. There will be no changes to these chapters which directly impact on the eligibility of applicants/recipients or how any county agency will administer the program.

These rules were proposed to be effective May 1, 1999. If no revisions are made to the proposed rules prior the finalization by JCARR, they will become effective on a permanent basis on May 1, 1999. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Rule 5101:4-7-01 was converted to rule format with FSTL #218 effective August 1, 1998. Even though the rule was reviewed, there were no changes, therefore, we are not issuing the rule with this transmittal letter.

Rule 5101:4-7-03 replaces sections 7130 through 7133.3.

Rule 5101:4-7-07 replaces sections 7300 through 7322.

Rule 5101:4-7-08 was converted to rule format with FSTL #218 effective August 1, 1998. Even though the rule was reviewed, there were no changes, therefore, we are not issuing the rule with this transmittal letter.

Rules 5101:4-7-09, 5101:4-7-092, 5101:4-7-093, 5101:4-7-094 and 5101:4-7-095 have been rescinded and combined into one new rule, 5101:4-7-09. This rule replaces sections 7400 through 7450.

Rule 5101:4-7-11 replaces sections 7500 through 7560.

Rule 5101:4-7-13 replaces sections 7600 through 7633.

Rule 5101:4-7-14 replaces sections 7700 through 7740.

Rules 5101:4-8-03, 5101:4-8-05, and 5101:4-8-09 have been rescinded and combined into one new rule, 5101:4-8-03. This rule replaces sections 8000 through 8170.

Rule 5101:4-8-15 replaces sections 8200 through 8215.

Rule 5101:4-8-17 was converted to rule format with FSTL #218 effective August 1, 1998.

Rule 5101:4-8-19 was converted to rule format with FSTL #218 effective August 1, 1998.

Rules 5101:4-8-23 and 5101:4-8-231 have been rescinded and combined into one new rule, 5101:4-8-23. This rule replaces sections 8240 through 8244 and rule 5101:4-8-231 issued with FSTL #218 effective August 1, 1998.

Rule 5101:4-8-25 was converted to rule format with FSTL #206 effective upon receipt of the transmittal letter.

The FSCH section number that corresponds to the new OAC language format will be entered into the left-hand margin.

Miscellaneous

OAC rule 5101:4-2-03, paragraph (D)(1) has been amended by adding text referring the reader to rule 5101:4-6-13 for how to treat the income, resources, and expenses of ineligible aliens not meeting citizenship or eligible alien status. This text had been inadvertently omitted in a prior FSTL. Also, in paragraph (A)(5), the rule reference to (A)(2) has been changed to "(A)(1)". Also, in paragraph (D)(5) and (6), the rule reference was changed from 5101:4-6-13 to 5101:4-6-15.

A correction has been made to update the rule reference in rule 5101:4-2-05, paragraph (D). In the last sentence of the text, the referral made to rule 5101:4-9-03 has been changed to rule 5101:6-3-02 (A). Also, the word "authorized" in this paragraph's title is now correctly spelled.

Several changes have been made to rule 5101:4-3-07. Under the definition of qualified alien, paragraph (C)(2)(a), paragraphs (viii), (ix) and (x) have been removed as these are not definitions for qualified alien status but rather "qualified aliens" eligible for an indefinite time period as outlined under paragraph (C)(2)(e). A reference has also been added to paragraph (C)(2)(c) to advise of cite (C)(2)(e) as an exception. For clarity, in paragraph (C)(2)(c), the text beginning with "...for a period of five years...meaning of the term qualified alien" has been stricken and replaced with the new text that reads: "Unless he or she has become a United States citizen." Additionally, the parenthetical phrase "(i.e., not subject to the five-year eligibility

limitation)" has been stricken from paragraphs (C)(2)(f) and (C)(2)(f)(ii). This language has caused confusion in determining alien eligibility for food stamps.

In rule 5101:4-4-27 the denominator of the prorated allotment formula contains the number "30" in error. It has been removed.

In rule 5101:4-4-31, paragraph (O), the reference to paragraph (B)(1) and (B)(2) of rule 5101:4-7-01 have been changed to paragraphs (G)(1) and (G)(2) of rule 5101:4-7-01.

OAC rule 5101:4-6-04 was inadvertently omitted from the Outline of Contents in a previous FSTL. The Outline of Contents now reflects the listing of this rule. There are also misspellings in several rule titles which have been corrected.

In completing the rule review of Chapter 8000, the word "bonus" in rule 5101:4-8-15 has been removed and replaced with the words "dollar amount of" as the concept of bonus coupons has been obsoleted for quite some time.

In rule 5101:4-8-17, for clarification purposes and at the request of advocacy groups, a note has been added to advise that involuntary allotment reduction for the collection of administrative error claims shall not be applied to such claims that occurred or were established prior to September 22, 1996.

In the Appendix Index page headed Appendix 23, the form number has been corrected from "ODHS 7443" to "ODHS 7442".

Implementation

These changes are effective May 1, 1999. No desk review is required.