SHM.2000. Administrative Disqualification Hearings
5101:6-20-11 State Hearings: Consolidation of an Administrative Disqualification Hearing with a State Hearing
Effective Date: March 1, 2019
Most Current Prior Effective Date: February 28, 2014

(A)An individual's state hearing, in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and an administrative disqualification hearing may be combined into a single hearing if the factual issues arise out of the same or related circumstances.

(B)If the hearings are to be combined, the accused individual shall be given notice of that fact at the time the hearing is scheduled.

(C)The assistance group may waive the thirty-day advance notice period required by rule 5101:6-20-12 of the Administrative Code when a state hearing and a disqualification hearing are combined.

(D)If the hearings are combined to decide the amount of the overpayment/overissuance and whether an intentional program violation was committed, the assistance group shall lose its right to a subsequent state hearing on the amount of the overpayment/overissuance.

(E)If the state hearing and the administrative disqualification hearing are combined, the time frames for conducting disqualification hearings shall apply.

(F)When an administrative disqualification hearing is combined with a state hearing, separate decisions shall be issued for the administrative disqualification and state hearing issues, using the JFS 04007 "Administrative Disqualification Hearing Decision" (rev. 1/20159/1994), and the JFS 04005 "State Hearing Decision" (rev. 1/2015 3/2003) or their computer-generated equivalents, respectively. The JFS 04005 and JFS 04007 forms are both generated in the hearings and appeals tracking system (HATS X).

Effective: 3/1/2019

Five Year Review (FYR) Dates: 11/27/2018 and 03/01/2024


Date: 02/05/2019

Promulgated Under: 119.03

Statutory Authority: 5101.35

Rule Amplifies: 5101.35, 5160.011

Prior Effective Dates: 06/20/1980, 10/01/1981, 05/01/1982, 08/01/1983, 09/01/1994, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014