As part of the ongoing rule-review process, many of the State Hearings rules have been updated.
The changes made to these rules are very minor and consist mainly of removing references to "ODHS" and "CDHS" and replace them with "ODJFS" and "CDJFS" and updating the form numbers to reflect the revised form numbers.
Other changes include policy changes that reflect procedures currently followed in the state hearing process. In addition to the revision of some rules, a new rule has been created for the County Review Process. This rule, OAC 5101:6-8-02, includes the procedures implemented by a Director's memo dated March 19, 1998.
Also included with this package are the current hearing-related forms, some that have been available electronically, but had not previously been distributed with the manual, and others that have been revised to match current policy.
INSTRUCTIONS:
In Chapter 1000, State Hearings, please do the following:
Please remove and file as obsolete, OAC rule 5101:6-1-01, State Hearings, General dated May 1, 2000 and replace with the corresponding rule effective June 1, 2003. (5101:6-1-01)
Please remove and file as obsolete, OAC rule 5101:6-2-01, Notice at the time of application dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-01)
Please remove and file as obsolete, OAC rule 5101:6-2-02, Notice of approval of an application for benefits dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-02)
Please remove and file as obsolete, OAC rule 5101:6-2-03, Notice of a denial of an application for benefits dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-03)
Please remove and file as obsolete, OAC rule 5101:6-2-04, Prior notice of adverse action dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-04)
Please remove and file as obsolete, OAC rule 5101:6-2-05, Exceptions to prior notice, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-05)
Please remove and file as obsolete, OAC rule 5101:6-2-06, Notice of change in law or policy, automatic benefit adjustment, or food stamp mass change, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-06)
Please remove and file as obsolete, OAC rule 5101:6-2-07, Notice of right to a state hearing - child support services, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-07)
Please remove and file as obsolete, OAC rule 5101:6-2-08, Notice whenever disagreement with an action or inaction is expressed, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-08)
Please remove and file as obsolete, OAC rule 5101:6-2-09, Supplemental sanction notice, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-09)
Please remove and file as obsolete, OAC rule 5101:6-2-20, Notice of overpayment/overissuance, dated December 30, 1997, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-20)
Please remove and file as obsolete, OAC rule 5101:6-2-25, Notice of eligibility for lost food stamp benefits, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-25)
Please remove and file as obsolete, OAC rule 5101:6-2-26, Notice of approval, denial or delay of replacement food stamp benefits, dated February 1, 1995, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-26)
Please remove and file as obsolete, OAC rule 5101:6-2-30, Notice of medical determination, dated November 1, 1994, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-30)
Please remove and file as obsolete, OAC rule 5101:6-2-31, Notice of denial of prior authorization for medical or dental services, dated November 1, 1994, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-31)
Please remove and file as obsolete, OAC rule 5101:6-2-40, PACT notices, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-40)
Please remove and file as obsolete, OAC rule 5101:6-2-50, Notice of determinations concerning spouses separated by institutionalization, dated January 1, 1996, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-50)
Please remove and file as obsolete, OAC rule 5101:6-2-51, Notice of interim assistance reimbursement, dated June 1, 1993, and replace with the corresponding rule effective June 1, 2003. (5101:6-2-51)
Please remove and file as obsolete, OAC rule 5101:6-3-01, Grounds for requesting a state hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-3-01)
Please remove and file as obsolete, OAC rule 5101:6-3-02, State hearing requests, dated June 1, 1997, and replace with the corresponding rule effective June 1, 2003. (5101:6-3-02)
Please remove and file as obsolete, OAC rule 5101:6-4-01, Continuation of benefits when a state hearing is requested, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-4-01)
Please remove and file as obsolete, OAC rule 5101:6-5-01, Procedures prior to the state hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-5-01)
Please remove and file as obsolete, OAC rule 5101:6-5-02, Postponement of the state hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-5-02)
Please remove and file as obsolete, OAC rule 5101:6-5-03, Denial and dismissal of state hearing requests, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-5-03)
Please remove and file as obsolete, OAC rule 5101:6-6-01, Scheduling and attendance, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-6-01)
Please remove and file as obsolete, OAC rule 5101:6-6-02, Rights and responsibilities of the participants, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-6-02)
Please remove and file as obsolete, OAC rule 5101:6-6-03, Tape recording of the hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-6-03)
Please remove and file as obsolete, OAC rule 5101:6-6-04, Telephone hearings and hearings involving participation by telephone, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-6-01)
Please remove and file as obsolete, OAC rule 5101:6-7-01, State hearing decisions, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-7-01)
Please remove and file as obsolete, OAC rule 5101:6-7-02, Hearings involving couples separated by institutionalization, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-7-02)
Please remove and file as obsolete, OAC rule 5101:6-7-03, Implementation of the hearing decision, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-7-03)
Please remove and file as obsolete, OAC rule 5101:6-8-01, Administrative appeal of the state hearing decision, dated May 1, 2000, and replace with the corresponding rule effective June 1, 2003. (5101:6-8-01)
Please insert OAC rule 5101:6-8-02, County review of the state hearing decision, dated June 1, 2003, immediately following OAC rule 5101:6-8-01, Administrative Appeal of the state hearing decision.
Please remove and file as obsolete, OAC rule 5101:6-9-01, Further appeal rights, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-9-01)
In Chapter 2000 State Hearings, please do the following:
Please remove and file as obsolete, OAC rule 5101:6-20-01, Disqualification for intention program violation, dated May 1, 2000, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-01)
Please remove and file as obsolete, OAC rule 5101:6-20-02, Definition of intentional program violation, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-02)
Please remove and file as obsolete, OAC rule 5101:6-20-03, Penalties for intentional program violation, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-03)
Please remove and file as obsolete, OAC rule 5101:6-20-04, Notification at application, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-04)
Please remove and file as obsolete, OAC rule 5101:6-20-10, Initiating an administrative disqualification hearing, dated February 1, 1995, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-10)
Please remove and file as obsolete, OAC rule 5101:6-20-11, Consolidation of an administrative disqualification hearing with a state hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-11)
Please remove and file as obsolete, OAC rule 5101:6-20-12, Advance notice of an administrative disqualification hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-12)
Please remove and file as obsolete, OAC rule 5101:6-20-13, Effect of a pending administrative disqualification hearing, dated September 1, 1994, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-13)
Please remove and file as obsolete, OAC rule 5101:6-20-14, Failure to attend the administrative disqualification hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-14)
Please remove and file as obsolete, OAC rule 5101:6-20-15, Administrative disqualification hearing procedures, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-15)
Please remove and file as obsolete, OAC rule 5101:6-20-16, Administrative disqualification hearing decisions, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-16)
Please remove and file as obsolete, OAC rule 5101:6-20-17, Implementation of the administrative disqualification hearing decision, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-17)
Please remove and file as obsolete, OAC rule 5101:6-20-18, Notice of disqualification for intentional program violation, dated May 1, 2000, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-18)
Please remove and file as obsolete, OAC rule 5101:6-20-19, Opportunity for appeal of an administrative disqualification, dated September 1, 1994, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-19)
Please remove and file as obsolete, OAC rule 5101:6-20-30, Waiver of administrative disqualification hearing, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-30)
Please remove and file as obsolete, OAC rule 5101:6-20-40, Disqualification consent agreement, dated May 15, 1999, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-40)
Please remove and file as obsolete, OAC rule 5101:6-20-50, Disqualification based on court action, dated May 1, 2000, and replace with the corresponding rule effective June 1, 2003. (5101:6-20-50)
In the appendix of the state hearing manual please do the following:
Please remove and file as obsolete the ODHS 4000 and replace with the corresponding Notices of Dismissal.
Please remove and file as obsolete the ODHS 4002, State Hearing Scheduling Notice and replace with the corresponding State Hearing Scheduling Notice
Please remove and file as obsolete the ODHS 4005, State Hearing Decision, and replace with the corresponding JFS 04005.
Please remove and file as obsolete the ODHS 4028, Notice of Enrollment in the Primary Alternative Care and Treatment (PACT) Program, and replace with the corresponding JFS 04028.
Please remove and file as obsolete the ODHS 4029, Notice of Denial of Designate Provider Change for Primary Alternative Care and Treatment (PACT) Program, and replace with the corresponding JFS 04029.
Please remove and file as obsolete the ODHS 4069, State Hearing Request, and replace with the corresponding JFS 04069.
Please remove and file as obsolete the ODHS 4074, Notice of Approval of Your Application for Assistance, and replace with the corresponding JFS 04074.
Please remove and file as obsolete the ODHS 4077, Resource Transfer Worksheet, and replace with the corresponding JFS 04077.
Please remove and file as obsolete the ODHS 4230, Notice of Continued Enrollment in the Primary Alternative Care and Treatment (PACT) Program, and replace with the corresponding JFS 04230.