Current through all regulations passed and filed through September 16, 2024
(A) Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code describe the hearing and appeal rights and procedures
applicable to family services program benefits, pursuant to section
5101.35 of the Revised Code,
child support services, pursuant to section
3125.25 of the Revised Code, and
the medicaid program, pursuant to section
5160.31 of the Revised
Code.
(B) All rules relating to the
right to a hearing and limitations on that right shall be liberally construed
in favor of the right to a hearing.
(C) When it appears that an individual may
not be able to understand or exercise the right to a state hearing due to
factors such as limited mental capability or language barriers, the local
agency shall assist the individual in naming a responsible party (guardian,
relative, legal aid attorney, etc.) to act as authorized representative and
receive a copy of notice in addition to the original to the individual. This
requirement applies to notice at the time of application and to all subsequent
hearing notices. A referral to social services for assistance in naming a
responsible party may be appropriate.
(D) In counting the days contained in a
timely appeal specified in Chapters 5101:6-1 to 5101:6-9 of the Administrative
Code, the date on which the notice was mailed, sent by electronic means, or
otherwise provided is not counted.
If the last day
for a timely appeal occurs on a
Saturday, Sunday, or state or federal legal holiday, then the time period is
extended to include the next workday.
(E) Local agencies may modify the format, but
not the content, of state hearing notices mandated in Chapters 5101:6-1 to
5101:6-9 of the Administrative Code to accommodate electronic generation of the
notice. All such modifications shall be approved by the bureau of state
hearings.
(F) Definitions
As used in Chapters 5101:6-1 to 5101:6-9 of the Administrative
Code, the following terms shall have the following meanings unless otherwise
specified.
(1) "Agency" shall refer to
either the local agency, ODJFS, Ohio department of medicaid or it's
designee.
(2) "Appellant" means an
individual who is an applicant, participant, former participant, recipient, or
former recipient of a family services program and is entitled by federal or
state law to a hearing regarding a decision or order of the agency that
administers the program.
(3)
"Authorized representative" means an individual, eighteen years or older, who
stands in the place of the appellant. The authorized representative may include
a legal entity assisting in the application process. ODJFS may request proper
identification from the authorized representative.
(4) "Benefits" shall refer to benefits under
any of the following programs:
(a) Public assistance.
(i) Refugee resettlement program.
(ii) Disability assistance.
(iii) OWF cash assistance.
(iv) Prevention, retention and contingency
(PRC) program.
(v)
Medicaid.
(vi) Temporary assistance
to needy families (TANF) funded programs administered by local agencies or
agents of ODJFS or the CDJFS.
(b) Supplemental nutrition assistance program
(SNAP).
(c) Social
services.
(d) State and federal
adoption assistance programs.
(5) "Day" shall refer to a
twenty-four-hour calendar day unless otherwise
indicated.
(6) "Electronic" has the
same meaning as in section
1306.01 of the Revised
Code.
(7) "Electronic equivalent"
means an electronic version of an ODJFS form or application which has not been
modified in any way other than format prior to completion and submission of
that form to the administrative agency. The administrative agency is not
required to accept forms that are materially altered.
(8) "Electronic signature" or "e-sign" has
the same meaning as in section
1306.01 of the Revised
Code.
(9) "Eligibility system"
means a computer program determining benefit levels or amounts for individuals
or families. Eligibility systems may also generate paper or electronic
applications, forms, and notices related to the benefit determination or an
action taken on the case of an individual or family.
(10) "Local agency" shall refer to any
of the following:
(a) The county department of job and family
services (CDJFS), pursuant to section
5101.35 of the Revised
Code.
(b) The county public
children services agency (PCSA), pursuant to section
5101.35 of the Revised
Code.
(c) The county child support
enforcement agency (CSEA), pursuant to section
3125.25 of the Revised
Code.
(d) A private or government
entity administering, in whole or in part, a family services program benefit on
behalf of ODJFS, a CDJFS, a PCSA, or as otherwise designated under
law.
(11) "Social
services" shall refer to any or all of the following:
(a) Learning earning and parenting (LEAP),
supportive services, and support services provided to participants in a work
activity under the Ohio works first (OWF) program or the SNAP employment and
training program.
(b) Publicly
funded child care services provided pursuant to Chapter 5101:2-16 of the
Administrative Code.
(c) Title XX
services provided pursuant to Chapter 5101:2-25 of the Administrative
Code.
(12)
"Virtual" refers to a hearing that is scheduled through
an online platform and attended via an online link with a computer or mobile
device, or by telephone using an indentification number that is unique to the
hearing.
