State Hearings Manual Transmittal Letter No. 3
March 24, 2000
TO: State Hearings Manual Holders All Public Assistance Manual Holders
FROM: Jacqueline Romer-Sensky, Director

As the result of a recent review of the Administrative Disqualification provisions in the Ohio Administrative Code rules, changes are being made to clarify the policy. Paragraphs (A)(3)(a) of rule 5101:1-23-75 contained in the Public Assistance Manual, and (B)(1) of rule 5101:6-21-01 contained in the State Hearings Manual, have been revised to remove the words "intentional program violation" and to insert language which includes a finding of an intentional program violation when a court determines that an individual has committed a criminal offense connected to a violation of the OWF and/or PRC program requirements. All references to OWF and PRC have been removed from rule 5101:6-20-50 of the Administrative Code.

In addition to the above changes, some changes are being made to simplify record retention for state hearings. The official hearing records will now be maintained by the ODHS Bureau of State Hearings, rather than returned to the county agencies. Upon request a copy will be sent to the local agency. This change is being made to simplify the process of record retrieval and maintain these records as available for additional appeal actions.

As part of our ongoing review of State Hearings Rules, technical changes are being made to some of the State Hearings rules. State and federal adoption assistance programs have been included in the definition of "benefits." Exclusion of these programs was an oversight.

Rule 5101:6-20-18 has been modified to require that copies of the "Notice of Disqualification for Intentional Program Violation," ODHS 4062 be sent to the fraud control specialist at the appropriate district office. A corresponding change has been made to the form.