FSTL 268 (December 2005 Rule Review)
Food Stamp Transmittal Letter No. 268
September 22, 2005
TO: Food Stamp Certification Handbook Holders
FROM: Barbara E. Riley, Director
SUBJECT: December 2005 Rule Review

These rules are proposed to be effective December 1, 2005. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on December 1, 2005. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Rules reviewed include the following:

5101:4-6-13, 5101:4-6-15, 5101:4-6-26, and 5101:4-8-03.

5101:4-6-13: Food Stamps: Determining Eligibility of Assistance Groups (AGs) with Ineligible Members

This rule is being amended to include the effective dates of various federal acts as required in Ohio Revised Code 121.75. Other technical corrections have been made to the rule. There are no changes to this rule which directly impact the eligibility of applicants/recipients or how any county agency will administer the program.

5101:4-6-15: Food Stamps: Determining Eligibility of Households with Other Non-Assistance (AG) Members

This rule is being amended to clarify that the income and resources of individuals who fail to complete the appraisal process are not considered to be available to the assistance group. Other technical corrections have been made to the rule. There are no changes to this rule which directly impact the eligibility of applicants/recipients or how any county agency will administer the program.

5101:4-6-26: Food Stamps: Residents of Group Homes

This rule is being amended to include the effective dates of various public laws, U.S. Code sections, and federal acts as required in Ohio Revised Code 121.75. Other technical changes have been made to correspond with the language in the Code of Federal Regulations (CFR). Thus, the language in paragraph (A)(4)(e) regarding requiring group homes to provide the standards used to evaluate its home to the ODJFS district office is being removed. If county agencies have difficulty in determining standards used by group homes, technical assistance should be requested from the Bureau of County Oversight and Support, Program Policy Services staff. There are no changes to this rule which directly impact the eligibility of applicants/recipients or how any county agency will administer the program.

5101:4-8-03: Food Stamps: Restoration and Entitlement of Lost Benefits

This rule is being amended to correspond with the language in the CFR. There are no changes to this rule which directly impact the eligibility of applicant/recipients or how any county agency will administer the program.

Fiscal Impact

There should be no fiscal impact for the county agencies to implement these rules. No additional staff will be needed. No additional supplies, equipment, or travel is involved.

Training and Technical Assistance

Training and technical assistance needs to implement these rules will be minimal. Clarification regarding these rules will be available to county staff by ODJFS through the Bureau of County Oversight and Support, Program Policy Services staff.

FSTL Instructions:

LocationRemove and File as ObsoleteInsert/Replacement  
Chapter 6000   
Food Stamps: Determining Eligibility of AGs with Ineligible Members5101:4‑6‑13
(Effective 8/27/01)
5101:4‑6‑13
(Effective 12/1/05)
Food Stamps: Determining Eligibility of Households with Other Non-AG Members5101:4‑6‑15
(Effective 10/1/01)
5101:4‑6‑15
(Effective 12/1/05)
Food Stamps: Residents of Group Homes5101:4‑6‑26
(Effective 8/27/01)
5101:4‑6‑26
(Effective 12/1/05)
Chapter 8000   
Food Stamps: Restoration and Entitlement of Lost Benefits5101:4‑8‑03
(Effective 10/1/01)
5101:4‑8‑03
(Effective 12/1/05)
Appendix 35: Record of Changes to HandbookN/AUpdate with the number and date of this transmittal