These rules are proposed to be effective December 22, 2005. If no revisions are made to the proposed rules prior to the finalization by JCARR, the regular filing will become effective on a permanent basis, replacing the emergency version, on December 22, 2005. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Rules 5101:4-4-11 and 5101:4-5-01 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

5101:4-4-11- Food Stamps: income standards.

The reference to an abbreviated word was spelled out with the first reference in the rule.

5101:4-4-23- Food Stamps: deductions from income.

The reference to an abbreviated word was spelled out with the first reference in the rule. The effective dates of various public laws, U. S. Code sections, and federal acts as required in Ohio Revised Code 121.75 were amended. Some text was modified for clarification.

5101:4-5-01- Food Stamps: determining the monthly allotment.

The reference to an abbreviated word was spelled out with the first reference in the rule.

October Mass Changes

Effective October 1, 2005, the following mass changes are applicable. (Please note that the homeless shelter deduction is not listed because it has not changed.)

Excess Shelter Deduction

$400

Standard Telephone Allowance

$29

Standard Utility Allowance

$487

Maximum Coupon Allotments

Net Income Standards (100% of poverty)

Gross Income Standards (130% of poverty)

Separate AG Income Standards -- Elderly and Disabled AGS Only (165% of poverty)

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 staff.

Fiscal Impact

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

Implementation: All applications and reapplications being processed for October 2005 and after shall have the new amounts applied. All ongoing cases which are eligible for the new standards will have these new amounts applied during the mass change to be run over Labor Day weekend, effective October 1, 2005. CRIS-E tables will be updated with the changes effective October 2005. Alerts will be generated for all cases which CRIS-E cannot update automatically and the eligibility determiner will be required to run ED/BC for these cases to implement these changes. Notice requirements are found in OAC rule 5101:4-7-03 (A).

Instructions: This transmittal letter obsoletes FACT No. 26. The FACT was implemented under emergency rule-filing with an effective date of October 1, 2005. Remove it and file as obsolete.