(A)"Auditing"
is the systematic application of procedures to compare historical data to
established criteria to prepare an attestation as to the degree of
correspondence between the two.
(B)"Historical
data" consists of management representations, either explicit or implicit.
Management representations include, but are not limited to, representations as to characteristics of information such as
completeness or accuracy, the occurrence or non-occurrence of transactions or
events, the existence or non-existence of tangibles, intangibles, rights and
obligations, the valuation or allocation of tangibles and intangibles, rights
and obligations, compliance or non-compliance with laws or regulations, and
operational characteristics.:
(1)Representations as to characteristics
of information such as completeness or accuracy.
(2)The occurrence or non-occurrence of
transactions or events.
(3)The existence or non-existence of
tangibles, intangibles, rights and obligations.
(4)The valuation or allocation of
tangibles and intangibles.
(5)Rights and obligations.
(6)Compliance or non-compliance with laws
or regulations.
(7)Operational characteristics.
(C)"Criteria"
may be financial or non-financial. Applicable criteria may include, but are not
limited to, accounting and auditing standards and
principles, state, federal and local laws, regulations, administrative rules,
ordinances and court opinions, and generally accepted principles of accounting
and administrative control.:
(1)Accounting and auditing standards and
principles.
(2)State, federal and local laws,
regulations, administrative rules, ordinances and court opinions.
(3)Generally accepted principles of
accounting and administrative control.
(D)"Person" means an individual, corporation, business trust, estate, trust,
partnership, or association as used in any statute, unless another definition
is used in such statute or a related statute.
(E)"Public
office" means any state agency, public institution, political subdivision,
or other organized body, office, agency institution, or entity established by
the laws of this state for the exercise of any function of government.
(F)Audits
performed by ODJFS include, but are not limited to:
(1)Any
examinations or review of books, records or any other evidence relating to the
collection, receipt, accounting for use, claim, or expenditure of state or
federal funds received from or through ODJFS.
(2)Any
examination or review to determine whether any person, public office, vendor,
sub-recipient, or provider of goods or services to ODJFS has complied or is in
compliance with the federal statute or regulation, state statute or
administrative rule, ordinances, or orders pertaining to the collection,
receipt, accounting for, use, claim or expenditure of state or federal funds from
or through ODJFS.
(3)Any
examination or review of any person, public office, vendor, sub-recipient, or
provider of goods or services to ODJFS; collecting, receiving, accounting for
using, claiming, or expending state or federal funds from or through ODJFS; or
submitting to the department data which serves as the basis for funding from or
through the department.
(4)Any financial
statement, financial-related, performance, economy and efficiency, or program
results audits of organizations, agencies, programs, activities, or functions
under the authority, aegis, or oversight of ODJFS.
(5)Any
examination, review, investigation, or financial statement, financial-related,
performance, economy and efficiency, or program results audits required or
intended to address federal or state audit, monitoring, or review requirements.
(G)ODJFS may
perform or provide for the performance of any audits within the scope of this
rule. The timing, frequency, scope, and objectives of audits may vary with
ODJFS' assessment of audit needs and the available resources of ODJFS.
(H)ODJFS may
develop and implement policies and procedures at variance with the provisions
of this rule as necessary to comply with the requirements of federal statute or
regulation, or state statute or administrative rule.
(I)For the
purpose of audits performed by or provided by ODJFS, auditees must maintain
documentation conforming to all requirements prescribed by ODJFS, federal
statute or regulation and state statute or administrative rule. Auditees must
prepare and maintain documentation to support all transactions and to permit
the reconstruction of all transactions and the proper completion of all reports
required by state and federal law and regulations, and which substantiates
compliance with all applicable federal statutes or regulations, state statutes
or administrative rules.
(J)Auditees must
make available to ODJFS personnel all records necessary to document all
transactions. Records must include sufficient detail to disclose:
(1)Services
provided to program participants;.
(2)Administrative
cost of services provided to program participants;.
(3)Charges made
and payments received for items identified in paragraphs (J) (1) and (J) (2) of
this rule;.
(4)Cost of
operating the organizations, agencies, programs, activities, and functions.
(K)Auditees must
maintain adequate systems of internal control to ensure:
(1)Accurate and
reliable financial and administrative reports;.
(2)Efficient and
effective use of resources;.
(3)Compliance
with laws and regulations.
(L)Audits
performed by other public or private audit organizations on behalf of ODJFS
will be reviewed and released by ODJFS. Audit reports for audits performed by
ODJFS or by other public or private audit organizations on behalf of ODJFS may
be the basis for action by ODJFS as authorized by federal statute or
regulation, state statute or administrative rule, including, but not limited
to, section 5101.24 of the Revised Code.
(M)A certified
copy of any portion of any audit report released by ODJFS containing factual
information is prima facie evidence of the facts contained therein for the
purpose of any administrative appeal or proceeding.
(N)At the
conclusion of an audit, ODJFS will normally conduct an exit conference with the
auditee. However, an exit conference is not required where the auditee fails to
respond, within a reasonable period of time, to a request by ODJFS to schedule
an audit, where an audit conference would impair, impede, or otherwise threaten
the ability of ODJFS to satisfy legal requirements that it supervise the
auditee or direct compliance with state and federal law, or where the subject
matter of the audit is currently the subject of another state or federal audit
or criminal investigation. Objectives of exit conferences include:
(1)To provide
ODJFS with an opportunity to present the results of the audit and obtain the
response of the auditees;.
(2)To provide the
auditee with an understanding of the audit findings;.
(3)To obtain
relevant information with respect to issues raised by the audit.
ODJFS will evaluate any written response of an auditee and will
consider whether the proposed audit report should be revised based upon the
response. When an auditee submits a written response and ODJFS concludes that
no revision of the draft audit report is appropriate or warranted, the response
shall be attached to or summarized in the final report.
Effective: 5/26/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 05/14/2020
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 329.04, 329.042, 5101.16, 5101.161, 5103.07,
5107.02
Prior Effective Dates: 10/19/1981, 07/20/1986, 11/01/1997,
10/01/2003, 02/01/2015