SHMTL 38 (State Hearings- Five-Year Rule Review (Package 2))
State Hearings Manual Transmittal Letter No. 38
February 11, 2019
TO: All State Hearings Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: State Hearings- five-year rule review (package 2)

This SHMTL contains amended division 5101:6 Administrative Code rules as a result of a five-year rule review. The rules are effective 3/1/19.

5101:6-6-03 "State hearings: recording the hearing." This amended rule explains the recording of the hearing is not an official part of the hearing record. The rule also describes the period of time in which a taped recording of a state hearing is retained by state hearings. Finally, the rule also describes the availability of rehearing a case when the taped recording is inaudible. A minor change was made to paragraph (B) of this rule. Changed “workdays” to “business days.”

5101:6-6-04 "State hearings: telephone hearings." This amended rule describes the process by which an individual and local agency may participate in the state hearing by telephone. It also informs the parties how evidence would be collected and made available to the hearing officer. Finally, it requires the hearing officer to provide a description of the evidence made available to the parties during the phone hearing. Changes include updating the name and revision date of the JFS 04002 form. Made other grammatical changes. Deleted the word “calendar” as the word “day(s)” already implies a twenty-four-hour calendar day.

5101:6-7-02 "State hearings: standards for revising community spouse income and resource allowances at a state hearing." This amended rule sets forth the standards by which an individual receiving Medicaid can request a state hearing regarding the community spouse's minimum monthly maintenance needs allowance (MMMNA) or the community spouse resource allowance (CSRA). This rule also describes the method by which the hearing officer would calculate an amended MMMNA or CSRA. Finally, the rule informs the individual a hearing will be overruled if the individual has not availed himself or herself of all available sources of income. Changes include updating Administrative Code references and correcting statutory citations. Made other grammatical changes.

5101:6-8-02 "State hearings: county reviews." This amended rule governs the process for a county to appeal a state hearing decision through a process called county review. This rule explains the procedures and outcomes of the county review process. Minor, grammatical changes were made to the rule. Changed “state hearings” to “bureau of state hearings.” Deleted the word “calendar” as the word “day(s)” already implies a twenty-four-hour calendar day.

5101:6-20-01 "State hearings: disqualification for an intentional program violation." This rule describes the circumstances under which an accused individual may be disqualified from receiving assistance for an intentional program violation. The rule also describes the situations in which a local agency shall and shall not initiate administrative disqualification procedures for an intentional program violation. Changed “food assistance” to “supplemental nutrition assistance program (SNAP).” Made other grammatical changes.

5101:6-20-02 "State hearings: definition of an intentional program violation." This rule defines intentional program violation in the OWF, supplemental nutrition assistance program (SNAP), and PRC programs. Changed “food assistance” to “supplemental nutrition assistance program (SNAP)” and updated incorporation by reference dates.

5101:6-20-03 "State hearings: penalties for an intentional program violation." This rule describes the penalties incurred as a result of an intentional program violation and the method by which the disqualification periods are determined. Changed “food assistance” to “supplemental nutrition assistance program (SNAP)” and updated incorporation by reference dates.

5101:6-20-04 "State hearings: notification at application." This rule states that an assistance group is notified of disqualification penalties for an intentional program violation upon each application for benefits and describes the method by which such notification shall be given. This rule is being amended to correct form revision dates.

5101:6-20-10 "State hearings: initiating an administrative disqualification hearing." This rule describes how to initiate an administrative disqualification hearing. This rule is being amended to correct form revision dates and typographical errors. Changed “state hearings” to “bureau of state hearings.”

5101:6-20-11 "State hearings: consolidation of an administrative disqualification hearing with a state hearing." This rule sets forth the process by which an individual can combine a state hearing with an administrative disqualification hearing. The rule allows the individual to waive the 30-day advance notice period, and it requires Ohio Department of Job and Family Services to issue two separate decisions, based on the respective issues. Updated form revision dates.

5101:6-20-12 "State hearings: advance notice of the administrative disqualification hearing." This rule states that an accused individual shall receive prior notice of an administrative disqualification hearing and describes the method by which such notification shall be given. Updated the revision dates of forms. Made other grammatical changes.

5101:6-20-14 "State hearings: failure to attend the administrative disqualification hearing." This rule describes the consequences of an accused individual's failure to attend the administrative disqualification hearing. Minor, grammatical changes were made to the rule. Changed “hearings section” to “the bureau of state hearings.”

5101:6-20-15 "State hearings: administrative disqualification hearing procedures." This rule describes the provisions that apply to the process and conduct of administrative disqualification hearings. Updated the revision date of a form. Changed “hearings section” to “the bureau of state hearings.” Deleted the word “calendar” as the word “day(s)” already implies a twenty-four-hour calendar day.

5101:6-20-16 "State hearings: administrative disqualification hearing decisions." This rule describes the authority under which administrative disqualification hearing decisions are issued, the necessary contents of said decisions, and the parties who will receive copies of said decisions. This rule is being amended to update form revision dates. Changed “state hearings” to “bureau of state hearings.” Made other grammatical changes.

5101:6-20-17 "State hearings: implementation of the administrative disqualification hearing decision." This rule describes how an administrative disqualification hearing is implemented and how compliance is achieved. This rule is being amended to correct form revision dates and changed “food assistance” to “supplemental nutrition assistance program (SNAP).” Changed “state hearings” to “bureau of state hearings.”

5101:6-20-18 "State hearings: notice of disqualification for an intentional program violation." This rule states that an assistance group is notified when the assistance group has been disqualified from receiving benefits as a result of an intentional program violation. The rule also describes the method by which such notification shall be given. This rule is being amended to correct form revision dates and changed “food assistance” to “supplemental nutrition assistance program (SNAP).” Changed “state hearings” to “bureau of state hearings.” Changed “workdays” to “business days.”

5101:6-20-30 "State hearings: waiver of administrative disqualification hearing." This rule describes the notice by which an accused individual may waive the right to an administrative disqualification hearing and the disqualification period which results from such a waiver. This rule is being amended to correct form revision dates and changed “food assistance” to “supplemental nutrition assistance program (SNAP).” Minor, grammatical changes were also made to the rule. Changed “state hearings” to “bureau of state hearings.”

5101:6-20-40 "State hearings: disqualification consent agreement." This rule describes what a disqualification consent agreement should contain, when it is appropriate to use such an agreement, and the disqualification period which results from an accused individual signing such an agreement. This rule is being amended to update form revision dates and changed “food assistance” to “supplemental nutrition assistance program (SNAP).” Minor, grammatical changes were also made to the rule.

5101:6-20-50 "State hearings: disqualification from the supplemental nutrition assistance program (SNAP) based on court action." This rule states that an individual is notified when the individual is disqualified from the supplemental nutrition assistance program (SNAP) based on court action and the method by which such disqualification is to be implemented. The title of the rule has been updated along with the form revision dates.