(A)The bureau of
state hearings shall provide written notice to the accused individual at least
thirty days prior to the hearing date, unless the thirty-day advance notice
period has been waived under the provisions of rule 5101:6-20-11 of the
Administrative Code.
(B)The notice
shall be provided by one of the following methods:
(1)Certified mail
- return receipt requested.
Notice provided by this method shall be mailed certified mail -
return receipt requested.
(2)Personal
service.
Notice provided by this method shall be hand-delivered, to the
accused individual, by a person designated to do so by the Ohio department of
job and family services (ODJFS) or by the local agency.
The person so designated shall record the date and location of
delivery and the person to whom notice was delivered and maintain the
information in the case file. The personal service record shall be made a part
of the hearing record. Failure to make delivery shall be similarly recorded.
(3)Residence
service.
Notice provided by this method shall be hand-delivered, to some
person of suitable age and discretion residing at the accused individual's
current place of residence, by a person designated to do so by (ODJFS) or by
the local agency.
The person so designated shall record the date and location of
delivery and the person to whom notice was delivered and maintain the
information in the case file. The residence service record shall be made a part
of the hearing record. Failure to make delivery shall be similarly recorded.
(C)In addition to
delivery by one of the methods described in paragraph (B) of this rule, notice
shall simultaneously be sent by ordinary mail.
(D)The notice
shall be accompanied by the JFS 04058
"Explanation of Administrative Disqualification Hearing Procedures"
(rev. 5/20021/2015)
and by the JFS 04026 "Waiver of
Administrative Disqualification Hearing" (rev. 1/20155/2001) or their
computer-generated equivalents.
(E)The notice, in
conjunction with the JFS 04058, shall include the following:
(1)The date,
time, and place of the hearing.
(2)A statement of
the charges against the individual.
(3)A summary of
the evidence, and how and where the evidence can be examined.
(4)A statement of
the individual's right to request a postponement of the hearing.
(5)A warning that
the decision will be based solely on the information provided by the local
agency if the individual or authorized representative fails, without good
cause, to appear at the hearing.
(6)A statement that
the individual or representative shall have ten days from the date of the
hearing to contact the hearings section and present good cause for failure to
appear in order to receive a new hearing.
(7)A description
of the penalties that can result from a determination that the individual has
committed an intentional program violation, and a statement of which penalty is
applicable to the individual.
(8)A statement
that the hearing does not preclude collection of the overpayment/overissuance.
(9)An explanation
that the individual may waive the right to an administrative disqualification
hearing, under the provisions of rule 5101:6-20-30 of the Administrative Code.
(10) A statement
that the accused individual has the right to remain silent concerning the charges,
and that anything said or signed by the individual concerning the charges can
be used against the individual in a court of law.
(11) A statement
that the individual may obtain a copy of the department's published hearing
rules from the local agency upon request.
(12) A telephone
number to call about free legal services.
(F)In all cases,
the JFS 04061 "Notice of to Appear for an Administrative Disqualification
Hearing" (rev. 1/20156/2001) or its computer-generated equivalent, shall be used. The JFS 04061 is 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
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, 08/01/1983, 09/01/1994,
06/01/1995, 10/01/1996, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014