Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-3 - Ohio Works First
Section 5101:1-3-14 - Ohio works first: penalties

(a) Failure or refusal to sign the self sufficiency contract or individual opportunity plan by a work eligible individual as set forth in rule 5101:1-3-11 of the Administrative Code.

(b) Failure without good cause to attend an appraisal or assessment interview, or complete an appraisal or assessment, by a work eligible individual required to do so in accordance with paragraph (B)(2) of rule 5101:1-2-01 of the Administrative Code.

(c) Failure or refusal to cooperate in the application and reapplication process (including failure to appear for scheduled appointments) and provide required verifications necessary to determine eligibility as described in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code.

(d) Failure or refusal to accept unconditionally available income as described in rule 5101:1-23-20 of the Administrative Code.

(a) Failure to cooperate in the enumeration process as described in rule 5101:1-3-09 of the Administrative Code results in the removal of the individual(s) for whom enumeration verification has not been provided for the OWF benefits.

(b) A teen parent who is not exempt from learning, earning and parenting (LEAP) participation as provided in rule 5101:1-23-50 of the Administrative Code, and who meets the following conditions is not eligible to participate in OWF:

(c) A LEAP attendance failure as set forth in section 5107.30 of the Revised Code and rule 5101:1-23-50 of the Administrative Code results in a reduction of the OWF grant.

(d) A learnfare failure as set forth in section 5107.28 of the Revised Code results in a reduction of the OWF grant.

(e) An individual who is a fugitive felon as defined in section 5101.26 of the Revised Code is not eligible to be included in the OWF grant. An individual who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the state of New Jersey, a high misdemeanor) as defined in section 5101.26 of the Revised Code is not eligible to be included in the OWF grant.

(f) An individual who is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law for a felony is not eligible to be included in the OWF grant.

The county agency shall utilize the following procedure when it has information that an individual may be ineligible under paragraphs (B)(2) (e) and (B)(2)(f) of this rule:

(a) Termination of employment without just cause as described in section 5107.26 of the Revised Code results in the imposition of a six month period of ineligibility for OWF.

(b) Receipt of fraudulent assistance as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code results in ineligibility for the assistance group until the fraudulent assistance is repaid.

(c) Refusal to cooperate with a quality assessment (QA) review results in termination of OWF for the assistance group. "Refusal to cooperate with a quality assessment review" means that the assistance group is able to cooperate but refused to take the actions that it can take to assist in verifying the assistance group's eligibility. The OWF assistance group is ineligible for OWF for a period of three calendar months or until the assistance group cooperates with the QA review, whichever is earlier.

When the QA reviewer determines that the QA review cannot be completed because the OWF assistance group member responsible for cooperating with the QA review refuses to cooperate as defined in this paragraph, the QA reviewer will notify the CDJFS of the individual's refusal to cooperate. In accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code, the CDJFS must send prior notice of adverse action to the assistance group prior to imposing the penalty. OWF assistance must be terminated as of the next recurring month following the expiration of the adverse action period, unless a hearing is timely requested pursuant to the provisions set forth in division 5101:6 of the Administrative Code.

(a) The individual must have been convicted in federal or state court of having made a fraudulent statement or misrepresentation with respect to the place of residence in order to receive assistance simultaneously from two or more states.

(b) The ten year period begins on the date the individual is convicted in federal or state court provided that the conviction date is on or after August 22, 1996.

(c) The provision shall not apply with respect to a conviction of an individual for any month beginning after the president of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(a) An individual who causes the penalty carries the penalty into another assistance group which becomes ineligible due to the penalty until the period of ineligibility ends. The remaining members of the new assistance group are not affected by that penalty, unless they were members of the original assistance group at the time of the penalty. The individual who is under penalty remains a work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(b) A minor child who ceases to reside with the penalized assistance group is eligible for OWF provided all eligibility requirements are met.

(c) The period of ineligibility shall be served by all remaining assistance group members in situations where the individual who caused the period of ineligibility leaves the household. This provision is not applicable to the penalty set forth in paragraph (B)(3)(c) of this rule.

(d) Individuals in a two parent assistance group who separate carry the penalty with them into the next assistance group.

(e) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure are not eligible to receive OWF until the penalty has been served.

(f) Individuals who enter the home after the date of ineligibility are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.