SHM.2000. Administrative Disqualification Hearings
5101:6-20-18 State Hearings: Notice of Disqualification for an Intentional Program Violation
SHMTL 38
Effective Date: March 1, 2019
Most Current Prior Effective Date: February 28, 2014

(A)The local agency shall provide an individual found to have committed an intentional program violation a written notice of disqualification.

(1)If more than one member of an assistance group is to be disqualified, a separate disqualification notice shall be provided to each individual.

(2)A copy of the disqualification notice shall also be sent to the bureau of state hearings and to the appropriate fraud control specialist.

(B)The notice shall be mailed or personally delivered no later than five workdaysbusiness days after the local agency's receipt of the administrative disqualification hearing decision, court decision, waiver or consent agreement upon which disqualification is to be based.

(C)The notice shall include the following:

(1)The name of the individual to be disqualified.

(2)The program(s) from which the individual is to be disqualified.

(3)The basis for the disqualification.

(4)The effective date and period of disqualification.

(5)A statement that the disqualification period will begin at once, regardless of whether the individual is currently receiving benefits.

(6)Notice to the remaining assistance group members, if any, of the benefits they will receive during the disqualification period.

In the food assistancesupplemental nutrition assistance program (SNAP), the notice may alternatively inform the remaining assistance group members that they mustshall reapply because the certification period has expired.

(D)The disqualification notice shall be accompanied by a JFS 07442 "Food Assistance Repayment Agreement" (rev. 11/2008), or theits computer-generated equivalent, unless that form has already been provided.

(E)In all instances, the JFS 04062 "Notice of Disqualification for Intentional Program Violation" (rev. 1/20155/2001) or its computer-generated equivalent, shall be used.

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, 04/01/1984 (Temp.), 06/01/1984, 08/01/1984 (Emer.), 10/20/1984, 09/01/1994, 06/01/1996, 10/01/1996, 05/15/1999, 06/01/2003, 09/01/2008, 02/28/2014