OAC rule 5101:4-3-31 is being amended to allow the higher of the federal or state minimum wage in determining work participation hours. The proposed rule change is to be applied to food stamp employment and training (FSET) work experience program (WEP) participants in determining work participation hours. In accordance with federal regulations, WEP participation hours shall be determined by dividing the monthly food stamp allotment by the federal or state minimum wage, whichever is higher. If no revisions are made to the proposed rule prior to the finalization by JCARR, it will become effective on a permanent basis on December 29, 2006. If changes are necessary, a copy of the revised rule will be forwarded to you at that time.

Background

Prior to January 1, 2007, the state minimum wage was lower than the federal minimum wage thus, the work participation hours were calculated based on the federal minimum wage.

Implementation

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

Paragraph (A) (1) has been revised to clarify that the monthly food stamp allotment divided by the federal or state minimum wage, whichever is higher, is applicable when determining WEP participation hours.

This rule was previously published in FSTL 279 with a proposed effective date of December 31, 2006. With this publication, emergency filing will replace rule 5101:4-3-31 published in FSTL 279 and will become effective December 29, 2006.

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.

Fiscal Impact

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

Instructions: This transmittal letter obsoletes rule 5101:4-3-31 that was issued with FSTL 279. The rule 5101:4-3-31 was implemented as a five review effective date of December 1, 2006. Remove it and file as obsolete.