SHMTL 7 (New Rule 5101:6-1-02 "Hearings for the Title IV-A Funded)
State Hearings Manual Transmittal Letter No. 7
January 23, 2006
TO: State Hearings Manual Holders
FROM: Barbara E. Riley, Director
SUBJECT: New Rule 5101:6-1-02 "Hearings for the Title IV-A Funded Home Energy Assistance Program (HEAP)"

This letter transmits new rule 5101:6-1-02 "Hearings for the Title IV-A funded home energy assistance program (HEAP)," which was filed on an emergency basis and is effective November 10, 2005.

On October 6, 2005, Governor Bob Taft issued Executive Order 2005-23T, Title IV-A Funded Home Energy Assistance Program, to authorize the Ohio Department of Job and Family Services (ODJFS) to enter into an Interagency Agreement with the Ohio Department of Development (ODOD) for ODOD to administer and provide Home Energy Assistance Program (HEAP) benefits to needy families with children. In accordance with division (D) of section 5101.801 of the Revised Code, the Interagency Agreement between ODJFS and ODOD must provide specific administrative provisions that will meet Title IV-A requirements of federal and state law including for appeals for applicants and recipients of the benefits provided pursuant to the Interagency Agreement. Division (G) of section 5101.35 of the Revised Code authorizes ODJFS to adopt rules that would allow a Title IV-A program administered pursuant to an Interagency Agreement to provide a different appeals process than is provided under Title IV-A programs administered by ODJFS.

New rule 5101:6-1-02 provides that the appeal procedures of the Title IV-A funded portion of HEAP be as close as possible to the existing ODOD appeal procedure used for other HEAP applicants. The new rule allows ODOD to retain the existing review procedure for both the existing HEAP population and those who are funded through Title IV-A. Under the new rule, a person who is dissatisfied with the ODOD review decision may appeal that decision to ODJFS and that appeal would be handled through the existing ODJFS state hearings procedures. The new rule minimizes the impact on ODOD while ensuring that applicants and recipients receive their full rights under federal Title IV-A laws. The Interagency Agreement between ODJFS and ODOD requires that hearing requests be processed according to the new rule, and the new rule allows an appeal to ODJFS.


In chapter 1000, insert new rule 5101:6-1-02, effective November 10, 2005, immediately following rule 5101:6-1-01.