(A) Conflict with
the Revised Code
(1) Section (5) of
Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets
forth the following provision: Not later than September 30, 2006, the director
of job and family services shall adopt rules as necessary for the state to
comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance
with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of
the Revised Code. Rules adopted under this section that govern financial and
other administrative requirements applicable to the department of job and
family services and county departments of job and family services shall be
adopted in accordance with section 111.15 of the Revised Code as if they were
internal management rules. All other rules adopted under this section shall be
adopted in accordance with Chapter 119. of the Revised Code.
(2) The county
agency shall administer the work activity programs in accordance with the
requirements contained in this rule and not in accordance with sections
5107.14, 5107.161 and 5107.162 of the Revised Code. All applicable requirements
contained in the Revised Code sections referenced have been incorporated in
this rule.
(B) What is a
sanction?
A sanction is the denial or termination of an assistance group's
eligibility to participate in Ohio works first (OWF) due to a member of the assistance
group failing and/or refusing to comply in full with a provision of the self
sufficiency contract without good cause as set forth in rule 5101:1-3-13 of the
Administrative Code.
(C) When shall a
sanction be imposed and how long shall it last?
For purposes of this rule a payment month means a calendar month
and sanctions shall be imposed as follows:
(1) For a first
failure or refusal, the county agency shall deny or terminate benefits for one
calendar month or until the failure or refusal ceases, whichever is longer;
(2) For a second
failure or refusal, the county agency shall deny or terminate benefits for
three calendar months or until the failure or refusal ceases, whichever is
longer;
(3) For a third or
subsequent failure or refusal, the county agency shall deny or terminate
benefits for six calendar months or until the failure or refusal ceases,
whichever is longer.
(4) An adult who
is sanctioned, pursuant to paragraph (C)(3) of this rule for a failure and/or
refusal, without good cause, to comply in full with a provision of a self
sufficiency contract related to work activities, loses eligibility for medicaid
as set forth in rule 5101:1-40-02.1 5160:1-2-01 of
the Administrative Code unless the adult is otherwise eligible for medicaid
pursuant to another division of section 5111.01 5162.03 of the
Revised Code.
(5) Subsequent
failures and/or refusals without good cause to comply with a provision in the
self sufficiency contract that occur up until the imposition of the sanction
are considered the same occurrence.
(6) In a
two-parent assistance group, the assistance group's number of occurrences is
the higher amount that either individual incurred prior to the formation of the
two-parent assistance group.
(7) Individuals in
a two-parent assistance group who separate carry only the occurrences caused by
their own failure and/or refusals into another assistance group.
(D) Who is
included in the sanction?
All individuals in the OWF assistance group in accordance with
rule 5101:1-3-10 of the Administrative Code at the time of the failure and/or
refusal are included in the sanction. An assistance group must include the
non-recipient work eligible individual as set forth in rule 5101:1-3-12 of the
Administrative Code.
(E) When does an
imposed sanction become effective?
(1) For applicant
assistance groups the sanction period begins with the date of application.
(2) For recipient
assistance groups the sanction period begins with the next recurring month
following the expiration of the adverse action period as set forth in rule
5101:6-2-04 of the Administrative Code unless a hearing is requested pursuant
to the provisions of division 5101:6 of the Administrative Code. If a hearing
is requested timely and the assistance group continues to receive OWF the work
requirements are applicable.
(3) If a hearing
request is made within fifteen calendar days after the mailing of the notice,
the imposition of the sanction is postponed. If a hearing request is made after
the fifteenth day, but on or before the ninetieth day, the hearing shall be
conducted but the sanction is not postponed.
(4) Sanctions
shall not be held in abeyance. For assistance groups whose OWF benefits are
terminated for another reason, the sanction period begins with the month after
OWF is terminated for the assistance group, subject to the prior notice of
adverse action requirements as set forth in rule 5101:6-2-04 of the
Administrative Code.
(F) How is an
assistance group notified of the proposed sanction?
Before a county agency sanctions an assistance group pursuant to
paragraph (C) of this rule, the Ohio department of job and family services
(ODJFS) shall provide the assistance group with written notice of the sanction
failure and/or refusal dates and failed and/or refused hours when applicable.
(G) How is a
sanction ended?
The assistance group member who failed or refused a provision of
the self sufficiency contract must:
(1) Sign and
submit to the county agency a JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance RequestSupplemental Nutrition Assistance Program (SNAP) Sanction
Compliance Agreement" (rev. 08/2013)(rev. 11/2016) or the client registry
information system-enhanced (CRIS-E)the statewide
automated eligibility system equivalent; and
(2) Serve the
minimum sanction period.
(3) For a second
and any subsequent sanction the assistance group member who failed and/or
refused, to comply with a provision of the self sufficiency contract without
good cause, must demonstrate a willingness to comply with the self sufficiency
contract through the completion of an appropriate compliance activity as
assigned by the county agency as set forth in paragraph (H) of this rule.
(H) What are
acceptable compliance activities?
(1) For applicant
and recipient sanctions imposed due to a failure and/or refusal to complete a
work activity and/or alternative activity without good cause, the compliance
assignment shall:
(a) Consist of no
more than the missed hours listed on the notice provided in paragraph (F) of
this rule for a consecutive fourteen day period.
(b) The
consecutive fourteen day period begins with the first work or alternative
activity failure and/or refusal date indicated on the notice.
(c) Compliance
assignments must be completed in no more than fourteen consecutive days.
(d) Work eligible
individuals may not complete work and/or alternative activity hours in a
compliance activity prior to the imposition of the sanction.
(2) For recipient
sanctions proposed due to a failure and/or refusal to cooperate with the child
support enforcement agency without good cause, the sanctioned assistance group
member's child support compliance activity shall be determined by the child
support enforcement agency.
(3) For recipient
sanctions proposed due to all other types of failures or refusals without good
cause the work eligible individual's compliance activity shall be determined by
the county agency.
(I) What if the
compliance activity is not completed?
(1) The county
agency shall determine if good cause exists for each failure, refusal or
absence. If the county agency determines the failure, refusal or absence was a
result of a good cause reason the hours or other compliance activity shall be
considered completed by the sanctioned individual. Good cause reasons are
limited to:
(a) Holidays as
set forth in rule 5101:1-3-12 of the Administrative Code; and
(b) Good cause
reasons as defined in rule 5101:1-3-13 of the Administrative Code.
(2) If the county
agency does not find good cause for a failure and/or refusal to complete a
compliance activity:
(a) For work and/or
alternative compliance activities, the sanctioned individual shall start all
work and/or alternative compliance activities again.
(b) For compliance
with the child support enforcement agency, the sanctioned individual shall work
with the child support enforcement agency until compliance is met.
(c) For other
compliance activities, the sanctioned individual shall work with the county
agency until the county agency determined compliance is met.
(J) When shall
OWF be reinstated?
OWF shall be reinstated the first day of the month following the
expiration of the minimum sanction period when all of the following are met:
(1) The assistance
group member who failed and/or refused a provision of the self sufficiency
contract has entered into a new or amended self sufficiency contract with the
county agency;
(2) The sanction
compliance activity is completed on or before the last day of the minimum
sanction period; and
(3) All other
eligibility requirements are met. If the assistance group's circumstances have
changed such that the county agency questions the eligibility for OWF, the
county agency shall request the necessary verifications, as set forth in rule
5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort
shall be made by the county agency to determine eligibility before the
expiration of the minimum sanction period. This time frame for reinstating OWF
benefits following the expiration of the sanction period may be exceeded if the
following occurs:
(a) There is a
failure, with good cause, to secure the necessary verifications; and
(b) The failure to
secure the verifications is considered beyond the control of the county agency
or the assistance group.
(K) When shall OWF
benefits not be reinstated?
The situations in which OWF shall not be reinstated are when:
(1) The assistance
group was sanctioned as an applicant assistance group;
(2) It is time for
the assistance group's regularly scheduled eligibility redetermination; or
(3) The individual
who caused the sanction has not completed sanction compliance, as set forth in
paragraphs (G) and (H) of this rule, or failed and/or refused to enter into a
new or amended self sufficiency contract, before the last day of the minimum
sanction period.
(L) How can an
assistance group get OWF benefits if they are not reinstated?
When OWF is not reinstated:
(1) The assistance
group must reapply as set forth in rule 5101:1-2-01 of the Administrative Code.
(2) OWF
eligibility begins either when sanction compliance has been met or the date of
application, whichever is later.
(M) Does a sanction
move with an assistance group member?
(1) If the
individual who caused the sanction becomes a required member of a new
assistance group, that assistance group is not eligible to receive OWF benefits
until the expiration of the minimum sanction period and the completion of the
sanction compliance as set forth in paragraphs (G) and (H) of this rule by the
sanctioned individual.
(2) If the adults
in a sanctioned assistance group who did not cause the sanction become required
member(s) of a new assistance group, that assistance group is not eligible to
receive OWF benefits until the expiration of the minimum sanction period.
(3) If only the
minor children who no longer reside with the original sanctioned adults become
required members of a new assistance group, they may be eligible for OWF and
are not required to serve the minimum sanction period.
(N) What social
services are sanctioned assistance groups eligible for?
An assistance group that would be participating in OWF if not
for a sanction shall continue to be eligible for all of the following:
(1) Publicly
funded child care in accordance with division (A)(3) of section 5104.30 of the
Revised Code;
(2) Support
services in accordance with section 5107.66 of the Revised Code; and
(3) To the extent
permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A.
201 (05/00), to participate in work activities and alternative activities.
Effective: 10/1/2018
Five Year Review (FYR) Dates: 6/27/2018 and 10/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 09/11/2018
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05, 5107.16, 5107.17
Prior Effective Dates: 10/01/1997 (Emer.), 12/30/1997,
07/01/1998, 01/01/1999, 10/01/1999, 07/01/2000, 10/01/2000, 08/29/2003 (Emer.),
03/01/2005, 09/29/2006 (Emer.), 12/29/2006, 10/01/2007 (Emer.), 12/29/2007,
10/01/2008, 10/15/2009, 09/01/2013