(A)The following
definitions are applicable to this rule:
(1)"Inactive
records" means closed case files, where the assistance group (AG):
(a)Is no longer
receiving benefits;
(b)Has no pending administrative
action, hearing or appeal; and
(c)The county
agency no longer has a legal duty to act on the case.
(2)"Public
assistance record" means any record maintained in a case file related to
an Ohio works first (OWF), food assistance, prevention, retention, and
contingency (PRC), disability financial assistance, or refugee cash assistance
group (AG).
(3)"Record"
has the same meaning as defined in section 149.011 of the Revised Code.
(B)The minimum
retention period for public assistance records is seven years, except as
provided in paragraphs (C) and (D) of this rule.
(C)The following
records may not be destroyed while the AG is active, and must be maintained for
a minimum of three years from the date the AG becomes inactive:
(1)Enumeration
verifications;
(2)Application
forms and verifications that established initial program eligibility; and
(3)Documents that
establish eligibility factors such as incapacity, limiting physical factors,
and eligibility for supplemental security income (SSI).
(D)Notwithstanding
the requirements outlined in rule 5101:4-1-05 of
the Administrative Code, any records existing in the AG file on the date the AG
becomes inactive must be maintained for a minimum of three years from the date
the AG becomes inactive, regardless of the age of the records.
(E)Rule
5101:4-1-05 of the Administrative Code governs the retention of food assistance
records and must be followed in conjunction with the requirements of this rule.
(F)Counties that
wish to selectively destroy documents from public assistance AG records in
accordance with the requirements of this rule must specify the retention
periods of the affected documents on the appropriate retention schedules.
Effective: 4/1/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 03/16/2023
Promulgated Under: 111.15
Statutory Authority: 5101.02, 5101.54, 5107.05
Rule Amplifies: 329.04, 5101.02
Prior Effective Dates: 02/15/1996, 08/23/2008, 04/18/2015,
05/26/2020