FSTL 245 (Work Provisions of the Personal Responsibility and Work Opportunity Act of 1996)
Food Stamp Transmittal Letter No. 245
November 8, 2002
TO: Food Stamp Certification Handbook Holders
FROM: Tom Hayes, Director
SUBJECT: Work Provisions of the Personal Responsibility and Work Opportunity Act of 1996 Food Stamp Provisions of the Balanced Budget Act of 1997 Five-Year Rule Review

Rules 5101:4-1-15 and 5101:4-8-15 are proposed to be effective December 1, 2002. Rules 5101:4-3-11, 5101:4-3-19, and 5101:4-3-29 were proposed on October 22, 2002 to be effective January 9, 2003. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Background Information

This transmittal letter is dedicated to incorporating changes mandated by a final rule that was published in the June 19, 2002 Federal Register. This rule finalizes the provisions of the Personal Responsibility and Work Opportunity and Balanced Budget Acts relating to the work provisions of the Food Stamp Program.

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.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

5101:4-1-15, 5101:4-3-11, 5101:4-3-19, 5101:4-3-29, and 5101:4-8-15.

Rule 5101:4-1-15: Nondiscrimination

New addresses have been provided for individuals who believe that they have been subject to discrimination to file a written complaint of discrimination.

Rule 5101:4-3-11: Exemptions, work registration, work requirements, and sanctions

Language has been added to paragraph (A)((7)(a) that students who enroll less than half-time in any recognized school, training program, or institution of higher education lose their exemption from work registration. Paragraphs (A)(9) and (G)(5) have been amended by adding the provision that an individual who voluntarily and without good cause reduces his or her work hours and after the reduction is working less than 30 hours per week is subject to the voluntary job quit disqualification. Clarifying language has been added to paragraph (P)(2) involving overpayment computations in months in which AG member(s) performed work activities.

Rule 5101:4-3-19: Voluntary quit and reduction of work effort

Paragraphs (A) and (B) have been amended by adding the provision that an individual who voluntarily and without good cause reduces his or her work hours and after the reduction is working less than 30 hours per week is subject to the voluntary job quit disqualification.

Rule 5101:4-3-29: Employment and training: Appraisal

Outdated references to the county department of human services (CDHS) have been replaced with the county department of job and family services (CDJFS). Additional references to rules regarding work activities have been added.

Rule 5101:4-8-15: Claims against AGs

The claim referral plan in paragraph (M) has been amended to change the time frames for entering claim referrals identified by quality control into CRIS-E from five business days to ten business days.

Miscellaneous

The "Determination of Food Stamp Benefits When OAC 5101:4-6-16 Applies" (Budget Method A/ Budget Method B)" which is used in determining the amount by which the food stamp allotment cannot increase due to an AG's decrease in a means-tested program (OWF, DA) for failure to comply in that program has been revised for clarity and is included as Appendix 20.

Appendix 76, Ohio Department of Job and Family Services Claim Referral Plan" and Appendix 79, "FS Claim Referral Guidelines - QC Findings" has been revised to reflect the change in time frames for entering claim referrals identified by quality control into CRIS-E.

Instructions:

Remove and file as obsolete all pages headed 5101:4-1-15 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-3-11 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-3-19 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-3-29 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-8-15 and replace with the attached corresponding pages.

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

Insert the attached "Determination of Food Stamp Benefits When OAC 5101:4-6-16 Applies" as Appendix 20.

Remove and file as obsolete all 4 pages of Appendix 76 - "Ohio Department of Job and Family Services Claim Referral Plan" and replace with the attached corresponding pages.

Remove and file as obsolete Appendix 79, "FS Claim Referral Guidelines - QC Findings" and replace with the attached corresponding page.

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