APM.9813. Timely Resolution of Requests for County Hearing Reviews

The ODJFS Office of Legal Services provides an opportunity for county agencies to seek an administrative review of a state hearing decision. A county agency that disagrees with a state hearing decision, to which it is a party, may request that the decision be reviewed by the Office of Legal Services. This review is limited to state hearing decisions issued under the authority of section 5101.35 of the Revised Code, and is not available for administrative disqualification hearings, Chapter 119 hearings, investigations, audit findings, funding, or other decisions issued by ODJFS. The county request for a review will not stay the implementation of the state hearing decision nor will it be able to change the outcome of the state hearing decision. The hearing review provides the county agency with the opportunity to receive a clarification of policy interpretations and applications made in state hearing decisions. The hearing review decision is shared with all state hearings supervisors to help ensure uniformity of policy application.

A request for a county hearing review must be in writing and meet all of the following requirements:

  • The request must be signed by the agency director;
  • The request must be received by the ODJFS Office of Legal Services within 15 days of the issuance date of the state hearing decision; and,
  • The request must assert that the state hearing decision is either contrary to the weight of the evidence presented at the state hearing, or that the decision incorrectly applies the law or rules, or that a prejudicial error was committed in the course of the proceedings. The request must include all assertions and arguments that the agency director wishes to be considered in the hearing review process.

If a request for a county hearing review does not meet all three of the above requirements, the Office of Legal Services will issue a written notice of dismissal to the county agency. If a request for a county hearing review meets all three of the above requirements, the Office of Legal Services, after review of the hearing record and consultation with relevant policy offices, will issue a decision. When a county hearing review decision addresses family services duties of county family services agencies that are included in a Partnership Agreement, ODJFS will issue decisions within 30 days of the receipt of the request.