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APMTL 219 (DISPUTE RESOLUTION)

Administrative Procedure Manual Transmittal Letter No. 219

June 14, 2000

TO: All Administrative Procedure Manual Holders

FROM: Jacqueline Romer-Sensky, Director

SUBJECT: DISPUTE RESOLUTION

When HB 470 became effective, several changes were made in section 5101.24 of the Revised Code. This provision of the law relates to actions ODHS may take against the county agencies and the appeal rights of the county agencies. In addition, section 5101.21 of the Revised Code authorizes ODHS and the Boards of County Commissioners to adopt Dispute Resolution procedures in the Partnership Agreement. These Dispute Resolutions would be for those disputes that are not otherwise covered by section 5101.24 of the Revised Code.

APM Chapter 9400 has addressed Dispute Resolution procedures. The provisions of this chapter were withdrawn a few months ago when the new Revised Code section 5101.24 provisions became effective. At that time we promised to provide substitute procedures as quickly as possible.

The attached Chapter 9400 incorporates a number of changes from the previously existing Dispute Resolution procedures. Most of the changes are based on new or amended Revised Code statutes contained in HB 470. The most significant of these changes are as follows:

The concept of "responsible entity" has been adopted to describe the county entity that may request a Dispute Resolution - either a Board of County Commissioners or a CDHS/PCSA/CSEA;
Workforce development agencies are included in the new procedures;
All requests for a Dispute Resolution will be handled by ODHS/ODJFS centrally through the Office of Legal Services;
The specific Dispute Resolution procedures available in any given circumstance are set forth separately under each type of action that may lead to a Dispute Resolution request;
When the Dispute Resolution has been requested due to a proposed corrective action plan requirement, an expedited procedure has been developed;
Specific time limits for each type of Dispute Resolution procedure;
Dispute Resolutions due to proposed financial or administrative sanctions or when ODHS/ODJFS proposes to perform the duty for the county agency will advance to a Chapter 119 hearing if not informally resolved. If the dispute proceeds to the Chapter 119 hearing, both ODHS/ODJFS must be represented by an attorney;
Special dispute resolution procedures have been developed for those situations in which the dispute arises out of the Partnership Agreement but is not one of the actions included in Revised Code section 5101.24. These disputes may be resolved informally or through mediation.

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