FSTL 279 (December 2006 Rule Review)
Food Stamp Transmittal Letter No. 279
October 25, 2006
TO: Food Stamp Certification Handbook Holders
FROM: Barbara E. Riley, Director
SUBJECT: December 2006 Rule Review

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.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

5101:4-3-11, 5101:4-3-19, 5101:4-3-29, 5101:4-3-31, and 5101:4-3-32.

Implementation

These rules are proposed to be effective December 31, 2006. 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 31, 2006. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

There are no changes to these rules that directly affect the eligibility of applicants or recipients or how any county agency will administer the program. The following is a brief description of the changes to each rule.

5101:4-3-11: Food stamps: exemptions, work registration, work requirements, and sanctions

References to acronyms have been spelled out with the first reference in the rule. The effective dates of various federal acts have been provided as required in Ohio Revised Code section 121.75. Revision dates have been added when referencing specific JFS forms. Other technical changes have been made to correspond with the language in the Code of Federal Regulations (CFR).

5101:4-3-19: Food stamps: voluntary quit and reduction of work effort

The acronym for assistance group (AG) has been spelled out with the first reference in the rule.

5101:4-3-29: Food stamps: employment and training (FSET): appraisal

This rule has been amended to correct references to other Administrative Code sections. The acronym CDJFS has been changed to county agency throughout the rule.

5101:4-3-31: Food stamp employment and training (FSET): required hours

Clarification has been added to paragraph (B)(1) that the total hours of participation in a FSET activity for any AG member cannot exceed 120 hours per month. Language has been added to paragraph (B)(3) that no FSET participant shall be required to work more than 8 hours on any given day without his or her consent.

Paragraph (B)(4) has been amended to state that county agencies may operate FSET activities in which individuals can volunteer to participate. The hours of participation for volunteers cannot exceed the maximum number of hours required of mandatory participants. This paragraph also states that county agencies cannot sanction/disqualify volunteers who fail to comply with the FSET activity.

References to acronyms have been spelled out with the first reference in the rule.

5101:4-3-32: Food stamp employment and training (FSET): supportive services

The acronym CDJFS has been changed to county agency throughout the rule. Language has been added to paragraph (D)(2) to allow county agencies to exempt individuals from FSET participation when their documented work expenses exceed the allowable monthly work allowance established by the county agency. This exemption is only until a suitable FSET component is available or the individual's circumstances change and the monthly expenses no longer exceed the allowable reimbursable amount.

Procedure 10: Quality Control Findings

Procedure 10 is being removed from the Food Stamp Certification Handbook as obsolete because the information contained in this procedure is now contained in rule 5101:9-32-03 of the Administrative Procedure Manual (APM). This rule was issued with Administrative Manual Transmittal Letter (APMTL) #336 dated September 29, 2006.

Fiscal Impact Statement

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.

INSTRUCTIONS

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Chapter 3,0005101:4‑3‑115101:4‑3‑11
(Effective 12/31/06)
Chapter 3,0005101:4‑3‑195101:4‑3‑19
(Effective 12/31/06)
Chapter 3,0005101:4‑3‑295101:4‑3‑29
(Effective 12/31/06)
Chapter 3,0005101:4‑3‑315101:4‑3‑31
(Effective 12/31/06)
Chapter 3,0005101:4‑3‑325101:4‑3‑32
(Effective 12/31/06)
Procedural SectionProcedure 10
(Dated 7/15/1999)
N/A
Appendix 35
Record of Changes to Handbook
N/AUpdate with the number and date of this transmittal