(A)What happens
when an individual does not comply with a work registration requirement?
(1)When an
individual fails or refuses to meet the work registration requirements in rule
5101:4-3-11.1 of the Administrative Code, the individual shall be sanctioned
from participation in the supplemental nutrition assistance program (SNAP) as
follows:
(a)For a first
failure or refusal, the county agency shall sanction the individual by denying
or terminating the individual's eligibility to participate in the SNAP for a
minimum of one benefit month.
(b)For a second
failure or refusal, the county agency shall sanction the individual by denying
or terminating the individual's eligibility to participate in the SNAP for a
minimum of three benefit months.
(c)For the third
or subsequent failure or refusal, the county agency shall sanction the
individual by denying or terminating the individual's eligibility to
participate in the SNAP for a minimum of six benefit months.
(2)When an
individual stops receiving SNAP benefits before the actual imposition of the
sanction, the sanction will not be held in abeyance. The establishment of new
residence in another county or another assistance group by an individual who
has been proposed for a sanction or who is currently under sanction does not,
in and of itself, negate the sanction.
(B)What is the
process for notification of noncompliance?
It is the individual's responsibility to
contact the county agency within seven calendar days of the noncompliance to
show good cause for the failure. When the individual does not contact the
county agency within seven calendar days or it is determined the failure was
without good cause, in accordance with Chapter 5101:6-2 of the
Administrative Code, proper
notice of adverse
action shall be
provided to the individual.
(1)Prior to issuing a notice of
noncompliance in accordance with paragraph (B)(2) of this rule, the county
agency is to ensure that the individual was informed of the failure(s) and his
or her right to provide good cause information to the county agency.
(a)The county agency or the SNAP (E&T)
provider may inform the individual of the failure by any reasonable means
(letter, phone call, email, etc,).
(b)The SNAP E&T provider is to adhere
to the reporting time frame to the county agency described in paragraph (B)(2)
of rule 5101:4-3-30 of the Administrative Code.
(c)The attempt to contact the individual
is to be documented in the case record.
(2)Once an individual has been informed in
accordance with paragraph (B)(1) of this rule, it is the individual's
responsibility to contact the county agency within seven days of the
notification of noncompliance to show good cause for the failure. Within ten
days of determining the failure was without good cause, in accordance with
Chapter 5101:6-2 of the Administrative Code, proper notice of adverse action is
to be provided to the individual.
The notification shall contain:
(1)(a) The particular act of noncompliance
committed;
(2)(b) The proposed period of the sanction;
(3)(c) Language explaining that the individual may,
if appropriate, reapply at the end of the sanction period;
(4)(d) Information on or with the notice describing
the action that can be taken to avoid the sanction before the sanction period
begins; and
(5)(e) Notice and hearing requirements contained in
Chapters 5101:6-1 to 5101:6-9 of the Administrative Code that apply in each
instance of noncompliance and subsequent sanction action.
(C)How does an
individual comply to regain eligibility for SNAP?
Except for individuals sanctioned as a result of a voluntary
quit or reduction of work effort, the county agency shall require the
individual to:
(1)Prior to
reinstatement of benefits, the individual shall sign the JFS 03804 "Ohio
Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction
Compliance Agreement" (rev. 11/2016)
agreeing to participate in the work program and to comply with the work
registration requirements described in rule 5101:4-3-11.1 of the Administrative
Code.
(a)When the JFS
03804 is signed prior to the end of the sanction period, the sanctioned
individual shall regain eligibility and benefits shall be reinstated after the
minimum sanction period is served.
(b)When the JFS
03804 is signed after the end of the minimum sanction period, the individual
shall regain eligibility effective the day the JFS 03804 was signed and returned
to the county agency and benefits shall be reinstated pursuant to rule
5101:4-7-01 of the Administrative Code.
(2)When the
circumstances change and the individual qualifies for an exemption from work
registration in accordance with rule 5101:4-3-11 of the Administrative Code,
the individual may qualify for SNAP benefits. Such exemptions may occur before
the minimum sanction period ends.
(3)Individuals
sanctioned as a result of a voluntary quit or reduction of work effort shall be
required to regain eligibility in accordance with rule 5101:4-3-19 of the
Administrative Code.
(D)How are
failures for noncompliance with unemployment compensation or an Ohio works
first (OWF) work requirement handled?
Individuals receiving unemployment compensation or OWF benefits
are exempt from work registration. Instead, the individual must comply with the
unemployment compensation or OWF requirements. If the assistance group reports
a loss or denial of unemployment compensation or OWF eligibility or if the
county agency learns of the loss or denial, the county agency shall determine
whether the loss or denial was caused by a determination by the administering
agency that the individual refused or failed without good cause to comply with
an unemployment compensation or OWF requirement. When it is determined the
individual failed or refused to meet an unemployment compensation or OWF
requirement, the county agency shall:
(1)Determine if
the assistance group is an OWF assistance group. An OWF assistance group is a
group in which all members are receiving OWF benefits. For OWF assistance
groups, the county agency shall follow rule 5101:4-3-09 of the Administrative
Code. However, when all of the individuals in the assistance group are not
receiving OWF cash benefits (i.e. one or more members are only in receipt of
SNAP), the assistance group remains subject to the requirements of this rule.
(2)Determine if
the individual meets one of the other work registration exemptions outlined in
rule 5101:4-3-11 of the Administrative Code. When the individual meets another
work registration exemption in rule 5101:4-3-11 of the Administrative Code, no
action is required.
(3)When the
individual does not meet another work registration exemption, the individual
shall be sanctioned in accordance with this rule. The income and resources of
the individual shall be treated in accordance with paragraph (A) of rule
5101:4-6-13 of the Administrative Code.
(4)Assistance
group members who fail to comply with an unemployment compensation or OWF requirement
that is not equivalent to that of a food assistance work requirement shall lose
their exemption and must be registered for work if not otherwise exempt.
Effective: 4/1/2020
Five Year Review (FYR) Dates: 7/1/2022
CERTIFIED ELECTRONICALLY:Certification
Date: 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54
Prior Effective Dates: 10/15/2009, 03/01/2012, 10/01/2013,
08/01/2015, 07/01/2017