• OMNIBUS CONSOLIDATED APPROPRIATIONS ACT OF 1996 (OCAA)
• BALANCED BUDGET ACT OF 1997 (BBA)
• AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998 (AREERA)

Background Information

This transmittal letter is dedicated to incorporating changes mandated by a final rule that was published in the November 28, 2001 Federal Register titled "Noncitizen Eligibility and Certification Provisions of Public Law 104-193, as Amended by Public Laws 104-208, 105-33 and 105-185 (Announcement of Effective Date)." These rules were emergency rule filed effective March 1, 2002 and have been proposed for adoption on a permanent basis. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis before the emergency rules expire (90 days from now). If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

This rule provides an effective date for several provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and subsequent amendments to these provisions made by the Omnibus Consolidated Appropriation Act of 1996, the Balanced Budget Act of 1997 and the Agricultural Research, Extension and Education Reform Act of 1998 that were published in the Federal Register as final rules, November 21, 2000. Several amendments in the final rule contained information collection requirements that required the approval of the Office of Management and Budget (OMB) before they could become effective. These information collection requirements were approved by OMB on September 10, 2001.

Rule Review

All rules in this FSTL 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose. Rules reviewed include the following:

5101:4-2-01; 5101:4-2-07; 5101:4-5-03; 5101:4-5-07; 5101:4-6-03; 5101:4-6-17; 5101:4-6-31; 5101:4-7-01; and 5101:4-7-07.

5101:4-2-07: Interviewing AGs: Notice Of Missed Interview (NOMI)

The final rule published in the November 28, 2001 Federal Register mandates the use of a new notice to applicant AGs when the AG fails to appear for the face-to-face interview. This new letter, JFS 04218, "Notice of Missed Interview" (NOMI), advises the AG that it missed the scheduled interview, that the AG is responsible for rescheduling a missed interview, and the consequences of the AG's failure to complete the interview. This notice is provided as Appendix 18.

Language has been added to this rule regarding the face-to-face interview. Emphasis is added to paragraph (E) of this rule that the county agency must notify an applicant AG that a telephone interview may be substituted for a face-to-face interview due to AG hardship situations as determined by the county agency. Language was also added regarding information that must be provided to AGs applying for both OWF and food stamps.

5101:4-2-07 and 5101:4-5-03: Establishing Certification Periods

Language has been added to clarify that county agencies shall not require AGs to report for a face-to-face interview during the certification period though the county agency may request AGs to do so. For example, county agencies may not require AGs to report en masse for an in-office interview during their certification periods simply to review their case files, or for any other reason.

5101:4-5-07: Providing notice of eligibility and denial, when to deny an application at the end of thirty days, and actions because of delayed eligibility determinations

Language has been added to this rule that applicant AGs who miss their scheduled face-to-face interview must be issued a JFS 04218, "Notice of Missed Interview" (NOMI).

5101:4-6-17: Determining eligibility of PA AGs

Paragraph (Q)(3) of this rule provides the procedure for counties to following when an AG's PA benefits are terminated and the AG needs to provide information to determine its food stamp eligibility. A JFS 04219, "Request for Contact" (RFC) notice as described in rule 5101:4-7-01 must be issued to the AG at the same time as the PA notice of adverse action advising the AG of the information needed to determine food stamp eligibility and the consequences of the AG's failure to provide the required verification. This notice is provided as Appendix 19.

5101:4-6-31: Sponsored Aliens

Another exemption has been added to the list of sponsored aliens who are not required to have any portion of their sponsor's income or resources deemed to the alien. Paragraph (I) of this rule states that the county agency may determine that the deeming of a sponsor's income and resources do not apply to an alien who is indigent and unable to obtain food and shelter. The phrase "is unable to obtain food and shelter" means that the sum of the sponsored alien AG's own income, cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide does not exceed 130% of the poverty income guideline for the appropriate AG size. The county agency must determine the amount of income and other in-kind assistance provided to the AG in the month of application. Only the amount that is actually provided to the AG must be deemed to the sponsored alien. This determination is effective for a 12 month period beginning on the date of the determination and is renewable for additional 12 month periods.

5101:4-7-01: Reporting Requirements During the Certification Period

The JFS 04219, "Request for Contact" (RFC) notice must be issued when the county agency receives unclear information about changes in an AG's circumstances which may affect it's food stamp eligibility or benefit amount during the certification period. This notice advises the AG of the information or actions needed, the time period in which the AG must respond to the agency, and the consequences of the AG's failure to respond to the notice.

5101:4-7-07: Reapplication

AGs who miss their scheduled face-to-face reapplication interview must be issued a JFS 04218, "Notice of Missed Interview" (NOMI) as described in rule 5101:4-2-07. This notice advises the AG of their responsibility to reschedule the missed interview and the consequences of the AG's failure to complete the interview.

Training and Technical Assistance

Training and technical assistance needs to implement this FSTL will be minimal. A Service Request form (SRF) has been submitted for CRIS-E to generate the NOMI and the RFC. Until this automation is complete, manual notices must be issued by the county agency. Clarification regarding this FSTL will be available to county staff by ODJFS through the regional offices.

Fiscal Impact

There should be no fiscal impact for the county agency to implement this FSTL. No additional staff will be needed to implement this policy. No additional supplies, equipment or travel are involved.

Implementation Effective Date

The implementation effective date is March 1, 2002 for newly applying AGs (i.e. AGs initially applying on or after March 1, 2002). County agencies must convert currently participating AGs no later than the next reapplication on or after March 1, 2002.

Miscellaneous

As with the ODJFS clearance review process, Food and Nutrition Service (FNS) has a clearance process for public comments on any of the proposed rules. Some of the commenters believe that some applicants for assistance may not be aware of the Food Stamp Program, or aware that they might be eligible, so they don't express interest in the specific program, even though they express concerns about food insecurity. In order to increase access to the program, language has been added to paragraph (F) of rule 5101:4-2-01 that AGs who express concerns about food insecurity must be encouraged to file a JFS 07200 or CAF on the same day they contact the food stamp office.

The Food and Nutrition Service (FNS) has clarified that the options provided for determining the cost of doing business for AGs deriving income from boarders and/or day care shall be the option of the county agency not the AG. However, the county option chosen for AGs deriving income from boarders and/or day care shall be consistently applied county-wide and readily available to the regional office technical assistance managers, if requested by FNS. Rule 5101:4-6-03 has been changed to reflect this clarification.

Clarification has been provided in paragraph (G)(2) of rule 5101:4-6-17 that if the county agency grants a waiver of the face-to-face interview for food stamps, the AG must still comply with face-to-face interview requirements for other public assistance programs.

Procedure #1, "Procedures for Application Processing" has been revised to reflect the updated verification examples and to include the "Notice of Missed Interview" (NOMI).

Procedure #2, "Procedures for Reapplication Processing" has been revised to include the "Notice of Missed Interview" (NOMI).

Procedure #3, "Procedures for Processing Reported Changes: Nonpublic Assistance (NA) AGs" and Procedure #4, "Procedures for Processing Reported Changes: Public Assistance (PA) AGs" have been revised to include the "Request for Contact" (RFC) notice.

Appendix #39, "Notice of Application for Social Security Number", DHS 7355 (revised March 1993) has been replaced with an updated version, JFS 07355 dated April 2001.

Instructions:

Remove and file as obsolete all pages headed 5101:4-2-01 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-2-07 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-5-03 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-5-07 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-6-03 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-6-17 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-6-31 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-7-01 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-7-07 and replace with the attached corresponding pages.

Remove and file as obsolete all pages of Procedure #1, "Procedures for Application Processing" dated July 2001 and replace with the attached corresponding pages dated March 2002.

Remove and file as obsolete all pages of Procedure #2, "Procedures for Reapplication Processing" dated July 2001 and replace with the attached corresponding pages dated March 2002.

Remove and file as obsolete all pages of Procedure #3, "Procedures for Processing Reported Changes: Nonpublic Assistance (NA) AGs" dated July 2001 and replace with the attached corresponding pages dated March 2002.

Remove and file as obsolete all pages of Procedure #4, "Procedures for Processing Reported Changes: Public Assistance (PA) AGs" dated July 2001 and replace with the attached corresponding pages dated March 2002.

Remove and file as obsolete all pages of the Appendix Index dated March 21, 2002 and replace with the attached corresponding pages dated March 1, 2002.

Insert the JFS 04218, "Notice of Missed Interview" dated March 2002 as Appendix 18.

Insert the JFS 04219, "Request for Contact" dated March 2002 as Appendix 19.

Remove and file as obsolete the DHS 7355, "Notice of Application for Social Security Number" dated March 1993 and replace with the attached JFS 07355 dated April 2001.

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