(A)Chapter
5101:6-20 of the Administrative Code governs disqualification for intentional
program violation in the Ohio works first (OWF), prevention, retention and
contingency (PRC) and food assistancesupplemental nutrition assistance program (SNAP)
programs.
(B)An individual
may be disqualified from the OWF, PRC and/or food
assistanceSNAP programs for an intentional program violation based on one of the
following.
(1)A finding by a
court that the individual has committed a criminal offense connected to violation
of the OWF and/or PRC program, and/or food assistanceSNAP requirements.
(2)A
disqualification consent agreement, signed by the individual, in accordance
with rule 5101:6-20-40 of the Administrative Code.
(3)An
administrative disqualification hearing decision that finds that the individual
has committed an intentional program violation.
(4)A waiver of
the right to an administrative disqualification hearing, signed by the
individual, in accordance with rule 5101:6-20-30 of the Administrative Code.
(C)The local
agency is responsible for investigating any case alleging an intentional
program violation, regardless of the suspected individual's current eligibility
status, and for ensuring that appropriate cases are acted upon either through
administrative disqualification procedures or referral for prosecution.
(D)Local agencies
are encouraged to refer for prosecution those individuals suspected of
committing an intentional program violation,
particularly if the value of benefits involved is large or if the individual is
suspected of committing more than one act of intentional program violation.
(1)The local
agency shall confer with its legal representative to determine the types of
cases which will be accepted for possible prosecution.
(2)Local agencies
shall also encourage local prosecutors to recommend to the courts that a
disqualification penalty, as provided for by rule 5101:6-20-03 of the
Administrative Code, be imposed in addition to any other civil or criminal
penalties for such violations.
(E)Administrative
disqualification procedures shouldshall be initiated in the following situations:
(1)The local
agency believes the facts of the case do not warrant civil or criminal
prosecution.
(2)The facts of
the case were previously referred for prosecution but were declined by the
appropriate legal authority.
(3)No action was
taken on a previously referred case within a reasonable time and the referral
was formally withdrawn by the local agency.
(F)The local
agency shall not initiate administrative disqualification procedures against an
individual currently being referred for prosecution or subsequent to any action
taken against the individual by the prosecutor or the court, if the factual
issues of the case arise out of the same, or related, circumstances.
(1)Such action by
the court shall include receiving a complaint of an intentional program
violation.
(2)Such action by
the prosecutor shall include the filing of a complaint in court or presentation
of the case to a grand jury, regardless of whether the grand jury returns an
indictment.
(3)The
prosecutor's independent review and investigation of a referred case shall not,
by itself, constitute such action.
(G)The local
agency shall not initiate administrative disqualification procedures against an
accused individual when a previous administrative disqualification hearing on
the same, or related, circumstances was decided in the accused individual's
favor.
(H)In proceeding
against an individual, the local agency shall coordinate any corresponding actions
taken under the OWF, PRC and food assistanceSNAP programs where the factual issues arise from the
same or related circumstances.
Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/27/2018 and 03/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/05/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 06/20/1980, 10/01/1981, 08/01/1983,
09/01/1994, 03/18/1996, 05/18/1996, 05/15/1999, 05/01/2000, 06/01/2003,
09/01/2008, 02/28/2014