(A)Postponement is
a request prior to the hearing date to schedule the hearing for a later date.
(1)Public
assistance, social servicesservices, and child support services
(a)The hearing may
be postponed at the request of the individual or authorized representative when
good cause, as defined in rule 5101:6-5-03 of the Administrative Code, exists.
(b)The hearing
authority shall have final authority to determine whether good cause exists.
Verification of good cause may be required.
(c)The hearing
authority shall have final authority to deny repeated requests for
postponement.
(d)Postponement
shall not extend the time limit for issuing a state hearing decision.
(2)Food assistanceSupplemental
nutrition assistance program (SNAP)
(a)The assistance
group is entitled to postponement of its scheduled hearing date, not to exceed
thirty calendar days. A postponement shall be granted one time per appeal.
(b)If postponement
is requested, state hearings shall reschedule the hearing at the earliest
available time and date convenient to the assistance group.
(c)The sixty-day
time limit for issuing a decision shall be extended by as many days as the
hearing is postponed.
(B)Postponement
shall not affect continuation of assistance.
(C)When a request
for postponement is denied, the individual or authorized representative must
attend the scheduled hearing or be subject to dismissal as described in rule
5101:6-5-03 of the Administrative Code.
(D)The
postponement rights described in paragraphs (A), (B) and (C) of this rule apply
only to the individual, and not to the agency.
(E)The local
agency, managed care plan, or "MyCare Ohio" plan may request one
postponement not later than seven days prior to the hearing. No postponement
will be granted if it will prevent state hearings from issuing the decision
within applicable time limits.
Effective: 4/1/2023
Five Year Review (FYR) Dates: 11/30/2022 and 04/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 03/16/2023
Promulgated Under: 119.03
Statutory Authority: 5101.35, 3125.25
Rule Amplifies: 3125.25, 5160.011, 5101.35
Prior Effective Dates: 09/01/1976, 06/02/1980, 10/01/1981,
02/01/1982, 05/01/1982, 10/01/1982, 01/01/1983, 04/01/1983, 07/01/1983,
07/03/1983, 11/01/1983 (Temp.), 12/01/1983, 03/01/1984 (Temp.), 06/01/1984, 05/01/1985
(Emer.), 07/30/1985, 04/01/1987, 06/01/1993, 10/01/1997 (Emer.), 12/30/1997, 05/15/1999,
06/01/2003, 09/01/2008, 02/16/2012, 02/28/2014, 01/01/2018