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SHMTL 42 (SHMTL 42 (State Hearings – Five-Year Rule Review)
State Hearings Manual Transmittal Letter No. 42
March 21, 2023
TO: All State Hearings Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: State Hearings – five-year rule review

This SHMTL contains amended division 5101:6 Administrative Code rules from the five-year rule review. These rules are effective 04/01/2023.

5101:6-1-01 "State hearings: general." This rule describes the general hearing and appeal rights and procedures applicable to family services program benefits. The rule also provides general definitions applying to Chapters 5101:6-1 through 5101:6-9 of the Administrative Code. This rule is being amended to include the definition for “virtual” in paragraph (F)(12). Grammatical errors were also corrected.

5101:6-2-51  “Notice of Interim Assistance.” This rule states that a local agency will provide written notice when in receipt of an individual’s retroactive supplemental social security income (SSI). Paragraph (C) is being rescinded due to the referenced JFS form 07107 being obsoleted 9/2020.

5101:6-3-01  “State Hearings: Grounds for Requesting a State Hearing.” This rule provides the grounds for requesting a state hearing across programs under jurisdiction. This rule is being amended to include “expunge” in paragraph (B)(2).

5101:6-3-02  “State Hearings: State Hearing Requests.” This rule defines a state hearing request and the time-limit and other conditions for requesting a hearing. Paragraph (C) is being amended to change the time limit from one hundred twenty days to ninety days. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-4-01  “State Hearings: Continuation of Benefits When a State Hearing is Requested.” This rule details the eligibility criteria for continuation of benefits when a state hearing request is received. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-5-01  “State Hearings: Procedures Prior to the State Hearing.” This rule provides procedures of the Bureau of State Hearings, managed care plan and local agency prior to state hearing. Revision dates referenced in paragraphs (B) and (I) were amended to the most current date. The referenced source of guidelines was amended in paragraph (I). Revision dates for form references were removed. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-5-02  “State Hearings: Postponement of the State Hearing.” This rule provides the process for review and disposition across programs of a request to postpone a scheduled hearing. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-5-03  “State Hearings: Denial and Dismissal of State Hearing Requests.” This rule details the standards for denying or dismissing a state hearing request. Food assistance was changed to “Supplemental Nutrition Assistance Program.”

5101:6-6-01  “State Hearings: Scheduling and Attendance.” This rule describes the time and place of the hearing, provision of written notice and attendance of the state hearing. This rule was amended to remove references to “video conference” and “local agency” and replace with “virtually.” Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-6-02 “State Hearings: Rights and Responsibilities of the Participants.” This rule states the rights and responsibilities of all participants during the state hearing. References to “local agency” was replaced with “virtually” where applicable. Revision date references were updated. Grammatical errors were also corrected.

5101:6-7-01 “State Hearings: State Hearing Decisions.” This rule states who is responsible for preparing the hearing decision, guidelines for a timely issuance, basis and contents of the decision and notification of the decision. Revision date references were updated. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-7-03  “State Hearings: Implementation of the Hearing Decision.” This rule details the requirements and responsible parties associated with the state hearing decision. Food assistance was changed to “Supplemental Nutrition Assistance Program.” Grammatical errors were also corrected.

5101:6-8-01 “State Hearings: Administrative Appeal of the State Hearing Decision.”  This rule provides an overview of the administration appeal process. Revision dates for form references were removed.  Grammatical errors were corrected.

5101:6-9-01  “State Hearings: Further Appeal Rights.”  This rule provides an overview of the judicial review process.  Social Security Act effective date updated in paragraph (B)(4). Grammatical errors were corrected.

5101:6-10-01  “State Hearings: State Hearings for the Comprehensive Case Management and Employment Program.”  This rule describes the hearing process for an individual who has been refereed for or received comprehensive case management and employment program services. Rule reference was updated in paragraph (A). Grammatical errors were corrected.

5101:6-20-13  “Effects of a Pending Administrative Disqualification Hearing.”  This rule describes the effects of pending administrative disqualification hearing as it pertains to application for program benefits and local agency actions for other reasons. Grammatical errors were corrected.

5101:6-20-19 “Opportunity for Appeal of an Administrative Disqualification.”  This rule describes the rights to further appeal procedures following an administrative disqualification hearing decision. Grammatical errors were corrected.