(A)When a change
in state law, federal law, or local agency policy adopted pursuant to options
authorized in state law requires automatic adjustment of benefits, the
assistance group shall be provided prior written notice of the action. The
exception to this rule is some classes of food
assistancesupplemental nutrition assistance
program (SNAP) recipients for which federal law does not require
notification.
(1)The notice
shall be mailed or personally delivered no less than fifteen calendar days prior to the processing of the action.
(2)The notice
shall contain: a clear and
understandable statement of the proposed action and the reasons for it, cite
the applicable regulations, explain the assistance group's right to and the
method of obtaining a county conference and a state hearing, explain the
circumstances under which a timely hearing request will result in continued
benefits, and contain a telephone number to call about free legal services.
(a)A clear and understandable statement of
the proposed action and the reasons for it.
(b)Citations of the applicable
regulations.
(c)An explanation of the assistance
group's right to and the method of obtaining a county conference and a state
hearing.
(d)An explanation of the circumstances
under which a timely hearing request shall result in continued benefits.
(e)A telephone number to call about free
legal services.
(3)When a change
in state or federal law requires such an adjustment statewide, the JFS 04025 "Important
Notice about your Welfare Benefits" (rev. 5/2001), its computer-generated
equivalent, or other notice specifically developed and designated by the Ohio
department of job and family services (ODJFS), shall be used. Local agencies
shall receive instructions concerning notice prior to implementation of the
change.
(4)When a change
in local agency policy requires such an adjustment, the local agency is
responsible for developing the content of the notice, in accordance with
paragraph (A)(2) of this rule. The language under "Your Right to a State
Hearing" contained on the JFS 04025 mustshall be duplicated exactly on any such local agency
notice regarding a policy change that could be misapplied to individual
circumstances, in accordance with paragraph (A) of rule 5101:6-3-01 of the
Administrative Code.
(B)When a change
in state or federal law or policy requires a mass change in the food assistance programSNAP,
as described in rule 5101:4-7-03 of the Administrative Code, the assistance
group shall be provided notice of the action as prescribed by state hearings in
accordance with 7 C.F.R. 273.12 (effective January 1, 2013).
Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/29/2018 and 03/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/05/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35, 5160.011
Prior Effective Dates: 09/01/1976, 04/01/1980, 06/02/1980,
04/01/1981, 10/01/1981, 05/01/1982, 10/01/1982, 04/01/1983, 09/24/1983,
11/01/1983 (Temp.), 03/01/1984 (Temp.), 10/03/1984 (Emer.), 12/22/1984,
08/16/1985 (Emer.), 01/01/1986, 08/20/1986 (Emer.), 11/15/1986, 04/10/1987
(Emer.), 06/22/1987, 04/01/1989, 11/01/1990, 02/01/1992, 06/01/1993,
06/01/2003, 09/01/2008, 08/01/2010, 02/28/2014