In accordance with rule 5101:4-8-30 of the Administrative Code, an individual financially responsible (debtor) for a food assistance claim that disagrees with a referral to the treasury offset program (TOP) may request a review by the county agency and then by the United States department of agriculture (USDA) food and nutrition service (FNS).

(A)What are the responsibilities of the county agency when a review concerning the referral of the debt to the TOP is received?

The county agency shall:

(1)Conduct a review on all requests received within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of rule 5101:4-8-30 of the Administrative Code.The county agency will not conduct a review on requests received later than sixty days after the mailing date of the notice.

(2)Not refer a claim for offset while the claim is under review.

(3)Verify the debtor's social security number.

(4)Verify that when someone other than the debtor makes a written request for review on behalf of the debtor, the request includes a statement signed by the debtor, authorizing the person to represent the debtor.

(5)Issue a notice to the debtor within fifteen days of receipt of the request for review, when it is determined that the claim is legally enforceable and past-due. The notice includes:

(a)A statement that the claim will be referred to the TOP unless the debtor makes an acceptable repayment arrangement on the claim in accordance with paragraph (E) of rule 5101:4-8-30 of the Administrative Code; and

(b)Instructions and time limits to request a review by FNS of the county agency determination. The request for an FNS review must be received by the USDA FNS midwest regional office within thirty days from the mailing date of the notice.

(6)Issue a notice to the debtor within fifteen days of the receipt of the request for review, when it is determined that the claim is not legally enforceable and/or past-due. This notice includes:

(a)A statement that the claim will not be referred to offset; and

(b)A statement that the county agency may take action necessary to establish and/or recover the claim.

(7)Cancel the claim in accordance with rule 5101:4-8-30 of the Administrative Code, when a determination is made that a claim is not legally enforceable and/or past-due.

(B)When an FNS review of the county agency determination has been requested, who does FNS notify of their determination?

FNS notifies the Ohio department of job and family services (ODJFS) and the debtor of its determination. ODJFS will then notify the applicable county agency of the FNS determination.

(1)When FNS determines that the county agency correctly determined the claim to be past due and legally enforceable, FNS notifies the debtor that any further appeal must be made through the courts and the referral to the TOP will proceed.

(2)When FNS determines that the county agency incorrectly determined the claim to be past due and legally enforceable, FNS notifies ODJFS about any corrective action that must be taken with respect to the claim.