SHM.2000. Administrative Disqualification Hearings
5101:6-20-17 State Hearings: Implementation of the Administrative Disqualification Hearing Decision
SHMTL 38
Effective Date: March 1, 2019
Most Current Prior Effective Date: February 28, 2014

(A)Disqualification

(1)When the hearing decision finds that the accused individual has committed an intentional program violation, he or she shall be disqualified in accordance with rule 5101:6-20-03 of the Administrative Code.

(2)Prior to implementing the disqualification, the local agency shall provide the individual athe JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 1/20155/2001) or its computer-generated equivalent, in accordance with rule 5101:6-20-18 of the Administrative Code.

(3)The disqualification period shall be implemented as follows:

(a)For Ohio works first (OWF) and prevention, retention and contingency (PRC), the period shall begin no later than the first day of the second month following the date the JFS 04062 is mailed.

(b)For food assistancesupplemental nutrition assistance program (SNAP), the period shall begin with the first month which follows the date the JFS 04062 is mailed.

(B)Compliance

(1)The local agency is responsible for promptly and fully implementing adverse administrative disqualification hearing decisions. StateThe bureau of state hearings is responsible for monitoring timely compliance.

(2)When an administrative disqualification hearing decision finds an intentional program violation, the "compliance required" box on the decision form shall be checked, and a JFS 04068 "State HearingOrder of  Compliance" (rev.  1/20155/2001) or its computer-generated equivalent, shall be sent to the local agency with the decision.

(3)After implementing the disqualification, the local agency shall promptly notify the bureau of state hearings of the action taken, using the JFS 04068.

(4)Compliance shall be considered achieved on the date the disqualification is reflected in the assistance group's benefits.

(5)If the individual is not eligible for the program at the time the disqualification period is to begin, the local agency shall report that fact on the JFS 04068 and compliance shall be considered achieved.

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, 05/01/1982, 08/01/1983, 04/01/1990, 09/01/1994, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014