This letter transmits seventeen rules for state hearings conducted by the Bureau of State Hearings, Ohio Department of Job and Family Services (ODJFS), for applicants for, and recipients of, services from ODJFS programs. The rules were amended as part the five-year rule review under section 119.032 of the Revised Code. The amended rules are effective September 1, 2008.

Rule 5101:6-20-01, entitled "Disqualification for intentional program violation," sets forth the reasons a recipient of services from the OWF (Ohio works first), PRC (prevention, retention, and contingency), or food stamp program administered by ODJFS may be disqualified for participation in such a program because of intentional program violation, and sets forth the local agency's responsibility when intentional program violation is suspected. There are no substantive changes to the rule.

Rule 5101:6-20-02, entitled "Definition of intentional program violation," sets forth the definition of "intentional program violation" for the OWF, PRC, and food stamp programs. There are no substantive changes to the rule.

Rule 5101:6-20-03, entitled "Penalties for intentional program violation," sets forth the penalties for intentional program violation for the OWF, PRC, and food stamp programs. There are no substantive changes to the rule.

Rule 5101:6-20-04, entitled "Notification at application," sets forth the requirement that written notice of the penalties for intentional program violation be provided at the time of application for services from ODJFS programs, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-20-10, entitled "Initiating an administrative disqualification hearing," sets forth required procedures for the local agency when initiating an administrative disqualification hearing. There are no substantive changes to the rule.

Rule 5101:6-20-11, entitled "Consolidation of an administrative disqualification hearing with a state hearing," sets forth the conditions under which an administrative disqualification hearing and a hearing under rule 5101:6-1-01 may be combined into a single hearing. There are no substantive changes to the rule.

Rule 5101:6-20-12, entitled "Advance notice of the administrative disqualification hearing," sets forth the requirement that advance written notice of a hearing be provided to the person accused of intentional program violation, and sets forth the requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-20-13, entitled "Effect of a pending administrative disqualification hearing," sets forth the requirements that, while an administrative disqualification hearing is pending, the individual accused of intentional program violation will retain the right to apply for and receive services from ODJFS programs and the local agency will continue the usual procedures in regard to notices and denying, reducing, or terminating services. There are no substantive changes to the rule.

Rule 5101:6-20-14, entitled "Failure to attend the administrative disqualification hearing," sets forth the consequences of the person accused of intentional program violation failing to attend the administrative disqualification hearing. There are no substantive changes to the rule.

Rule 5101:6-20-15, entitled "Administrative disqualification hearing procedures," sets forth the role, responsibilities, and rights of the individual accused of intentional program violation, and the roles and responsibilities of the local agency and hearing officer in the hearing process. There are no substantive changes to the rule.

Rule 5101:6-20-16, entitled "Administrative disqualification hearing decisions," sets forth requirements for the hearing officer and hearing authority in regard to decisions for administrative disqualification hearings, and requirements concerning the content of the hearing decision and the accused person and authorized representative being provided with a copy of the hearing decision. There are no substantive changes to the rule.

Rule 5101:6-20-17, entitled "Implementation of the administrative disqualification hearing decision," sets forth the requirements for the local agency to follow when there is a determination of intentional program violation. There are no substantive changes to the rule.

Rule 5101:6-20-18, entitled "Notice of disqualification for intentional program violation," sets forth the requirement that written notice for disqualification for services be provided to the person found to have committed intentional program violation, and requirements concerning the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-20-19, entitled "Opportunity for appeal of an administrative disqualification," sets forth the provision that the person disqualified for services due to being found to have committed intentional program violation has no right to appeal the disqualification decision through an administrative process but does have the right to appeal the decision to the court of common pleas. There are no substantive changes to the rule.

Rule 5101:6-20-30, entitled "Waiver of administrative disqualification hearing," sets forth the requirement that the person suspected of intentional program violation be provided with written notice that he or she may waive the right to an administrative disqualification hearing, and requirements for the content of the notice and procedures for the accused person to follow in waiving his or her right to a hearing. There are no substantive changes to the rule.

Rule 5101:6-20-40, entitled "Disqualification consent agreement," sets forth the provision that the local agency has the option of establishing procedures to allow a person suspected of intentional program violation to sign a disqualification consent agreement, and the requirements for the content of the disqualification consent agreement. There are no substantive changes to the rule.

5101:6-20-50, entitled "Disqualification from the food stamp program based on court action," sets forth the requirements for the local agency when a court determines intentional program violation for the food stamp program. There are no substantive changes to the rule.

Instructions: