Rule 5101:4-8-30 has been 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 this requirement is to ensure that rules are appropriately written, and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork is eliminated and local agencies are 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Effective January, 1, 2004, Rule 5101:4-8-30(B) is amended to clarify that a claim on which payment has not been received for 120 days, and the debtor has not responded to notice of default, is subject to referral to the Treasury Offset Program (TOP); and that claim cases referred for TOP must have had the initial demand letter issued to the debtor within ten years of the date on which offset occurs.

The form title, "Treasury Offset Program Referral Cancellation Form," has been changed to, "Offset Programs Referral Cancellation / Refund Request," to better reflect the form's dual purpose. The form number has been updated to conform to our current numbering system.

Outdated references to the Ohio Department of Human Services have been replaced with references to the Ohio Department of Job and Family Services.

Grammar and punctuation errors have been corrected.

Instructions

Remove and file as obsolete all pages headed 5101:4-8-30 and replace with the attached corresponding pages. (5101:4-8-30)

Remove and file as obsolete Appendix 80, "Treasury Offset Program Referral Cancellation Form," JFS 07430, dated October, 2000; and replace with the attached "Offset Programs Referral Cancellation / Refund Request," JFS 07430, dated January, 2004.

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