This rule is proposed to be effective March 1, 2002. If no revisions are made to the proposed rule prior to the finalization by JCARR, it will become effective on a permanent basis on March 1, 2002. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Rule Review

Rule 5101:4-7-14 is being 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Background Information

The Immigration Reform and Control Act (IRCA) of 1986, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires verification of immigration status of aliens applying for federally funded entitlements. The Food Stamp Program participates in a systematic verification alien documentation program. This rule is being revised as a result of updated policy received from the U.S. Department of Justice, Immigration and Naturalization Service.

Revisions are being provided to county departments of job and family services (CDJFSs) regarding situations in which secondary verification is necessary.

Rule 5101:4-7-14: Systematic alien verification for entitlements (SAVE) program

Paragraph (A)(2) of this rule provides situations in which county agencies must initiate secondary verification without completing primary verification through the Alien Status Verification Index (ASVI). One situation in which the county agency should initiate secondary verification is if an alien has no immigration documentation and the alien can show good cause for not providing this verification.

Appendix A of this rule provides the procedure for obtaining primary and secondary verification.

Appendix 62, "SAVE Document Verification Request, Form G-845S" is being replaced to provide county agencies a more legible copy of the INS form.

Appendix 63, "Completed U.S. Department of Justice, INS Document Verification Request G-845" is being removed and is replaced by Appendix 63, "Document Verification Request Supplement, Form G-845 Supplement".

Appendix 63-A, "Instructions for the Completion of the G-845" is being replaced with updated instructions issued by the Immigration and Naturalization Service (INS).

Fiscal Impact

There should be no fiscal impact for the county agencies to implement rule 5101:4-7-14. No additional staff will be needed to implement this policy. No additional supplies, equipment or travel is involved.

Training and Technical Assistance

Training and technical assistance needs to implement this rule will be minimal. Clarification regarding this rule will be available to county staff by ODJFS through the regional offices.

Miscellaneous

Appendix 64, "Consent of Disclosure", ODHS 7445 is being removed from the Appendix because the Immigration and Naturalization Service (INS) no longer requires the consent form.

Appendix 72, "Request for Disclosure of Information Obtained From Food Stamp Assistance Groups by Law Enforcement Officials" has been revised to reflect updated language.

Appendix 105, "Work Registration/Information Sharing Form", DHS 7449 has been updated to reflect current terminology.

To correct an error made in the appendices of rule 5101:4-4-11 in FSTL #237, this rule is being reissued.

Instructions

Remove and file as obsolete pages headed 5101:4-4-11 dated October 1, 2001 and replace with corresponding pages also dated October 1, 2001. Both versions of this rule are dated October 1, 2001 rule 5101:4-4-11 is being reissued to correct a printing error in FSTL 237.)

Remove and file as obsolete all pages headed 5101:4-7-14 dated May 1, 1999 and replace with the attached corresponding pages.

Remove and file as obsolete the Index to the Appendix page headed "Appendix 64 - Consent of Disclosure" dated October 1, 2001 and replace with the attached corresponding page headed "Appendix 64 - RESERVED" dated March 1, 2002.

Remove and file as obsolete Appendix 62, "SAVE, Document Verification Request", Form G-845S and replace with the attached corresponding page.

Remove and file as obsolete Appendix 63 "Document Verification Request Supplement", Form G-845 Supplement and replace with the attached corresponding page.

Remove and file as obsolete all pages of Appendix 63-A, "Instructions for Completion of the Document Verification Request, G-845S" and replace with the attached corresponding pages.

Remove and file as obsolete Appendix 64.

Remove and file as obsolete Appendix 72, "Request for Disclosure of Information Obtained From Food Stamp Households by Law Enforcement Officials", DHS 7251 dated February 1985 and replace with the attached JFS 07251 dated November 2001.

Remove and file as obsolete Appendix #105, "Work Registration/Information Sharing Form", DHS 7449 dated 10/93 and replace with the attached corresponding page.

Update Appendix 35, "Record of Changes to Handbook" with the number and date of this transmittal.

Attachments