Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the hearing process
for an individual who has been referred for or received comprehensive case
management and employment program (CCMEP) services. Nothing in this rule would
preclude an appellant from pursuing appeal rights under Section 181(c) of the
Workforce Innovation and Opportunity Act (WIOA),
Pub. L. No.
113-128(as in effect on December 1, 2019) or
45 C.F.R.
205.10 (as in effect on
January 1, 2022) for "Temporary Assistance for Needy
Families" (TANF).
(B) Definitions.
(1) "Appellant," for the purposes of this
rule, means an individual who has been referred for CCMEP services, or who is
already receiving CCMEP services, who appeals to the bureau of state hearings
any CCMEP-related dispute, and includes an individual younger than age
eighteen, if the individual is represented by a parent, legal guardian or
custodian, or authorized representative.
(2) "Authorized representative" has the same
meaning as described in rule
5101:6-1-01 of the
Administrative Code.
(3) "Exit
notice" means a written notice of adverse action terminating CCMEP eligibility
in accordance with rule
5101:14-1-06 of the
Administrative Code.
(4) "Federal
timeliness period" means the date on which a state hearing request is first
received by the bureau of state hearings plus ninety calendar days. If the
ninetieth calendar day falls on a weekend or holiday, then the next business
day shall be the ninetieth day for the purpose of timeliness.
(5) "Individual" means any person, who at the
time of initial enrollment is at least age fourteen but not more than age
twenty-four years, who is referred for CCMEP services, or who is already
receiving CCMEP services; and, if the person is under age eighteen, includes
the person's parent, legal guardian or custodian, or authorized
representative.
(6) "Informal
conference" means a meeting facilitated by the "Equal Opportunity Officer"
(EOO) or the EOO designee during which the facts and circumstances attending a
complaint are examined in an effort to informally resolve a
complaint.
(7) "Issued" and
"mailed," when used in reference to notices, decisions, and other documents,
means the date the document is sent by either electronic mail or U.S. mail, or
hand-delivered, whichever is earlier.
(8) "Local agency" means a county department
of job and family services, a workforce development agency, or both. A local
agency may also be considered a lead agency for the purposes of this
rule.
(9) "Local area" has the same
meaning as described in Section 3 of WIOA.
(10) "Local hearing" means a quasi-judicial
forum convened and presided over by the local agency hearing officer.
(11) "Parent" means a natural or adoptive
parent, or
stepparent.
(12) "Services" has the same meaning as
described in paragraph (E) of rule
5101:14-1-02 of the
Administrative Code.
(C)
Basis for CCMEP appeals.
Any individual referred for CCMEP services, receiving CCMEP
services, or who believes he or she should have been receiving CCMEP services,
may file a complaint and/or request a hearing, as described in paragraph (D) of
this rule, whenever the individual believes the local agency has failed to
fulfill its duties, as described in Chapter 5101:14-1 of the Administrative
Code. Any such request may be verbal or in writing and identify how the alleged
violation of Chapter 5101:14-1 of the Administrative Code affects the
individual's receipt of CCMEP services.
(D) Complaint and appeal process for CCMEP.
(1) The complaint and appeal process
described in this rule shall not apply to an individual who receives an Ohio
works first (OWF) sanction termination notice, as described in rule
5101:1-3-15 of the
Administrative Code, as an OWF sanction appeal may be pursued in accordance
with rule
5101:6-3-01 of the
Administrative Code.
(2) Process
for appeals when an exit notice is received, as described in rule
5101:14-1-06 of the
Administrative Code.
(a) In the event the
individual receives an exit notice from the local agency, the individual shall
be permitted to appeal by requesting a state hearing. The individual shall be
provided ninety calendar days from the date the CCMEP exit notice is mailed to
submit a timely state hearing request. If the ninetieth day falls on a weekend
or holiday, then the next business day shall be recorded as the ninetieth day.
The appellant may withdraw the state hearing request at any time prior to a
state hearing being held or a decision being issued.
(b) Exit notices or notifications issued by
the bureau of state hearings, the local area, or the local agency may be sent
by either U.S. mail or its electronic equivalent, or hand delivered to the
individual.
(3) Except
as provided in paragraphs (D)(1) and (D)(2) of this rule, the process for all
CCMEP-related complaints and appeals shall be as provided:
(a) An individual who wishes to file a
CCMEP-related complaint shall first file a complaint with the local agency with
sufficient details to identify the parties and to describe generally the
alleged actions, practices, or violations that caused the complaint to be
filed. The individual is to file the complaint within three hundred sixty-five
days of the date of the CCMEP-related incident that caused the dispute. Within
ten calendar days of the date the complaint is received, the local agency shall
hold an informal conference with the individual.
(b) If a satisfactory resolution is not
reached through the informal conference, the local agency shall afford the
individual an opportunity for a local hearing. If the individual requests a
local hearing, the local agency shall assign an independent, objective, and
impartial individual (preferably a third party) to schedule and hold a local
hearing and issue a decision within sixty calendar days of the date the
CCMEP-related complaint was initially filed.
(c) If a timely local hearing decision is
issued, and either the individual or local agency disagrees with the decision,
then that party may appeal by requesting a state hearing with the bureau of
state hearings. A request for a state hearing shall be made within ninety
calendar days of the date the local hearing decision is issued by the
independent, objective, and impartial individual designated by the local
agency.
(d) If, within sixty
calendar days of the date the individual first files a timely complaint with
the local agency, the local agency fails to conduct the informal conference or
local hearing, or issue the local hearing decision, then the individual shall
be permitted to request a state hearing directly with the bureau of state
hearings. A state hearing request made under this provision shall be made
either within three hundred sixty-five calendar days of the date of the initial
CCMEP-related incident that caused the complaint to be filed with the local
agency, or within one hundred fifty calendar days of the date the complaint was
timely filed with the local agency, whichever date comes later.
(E) Denial notices sent
by the bureau of state hearings shall be issued to the appellant and, when
applicable, to the local agency, in writing or by its electronic equivalent, as
permitted by federal law. Denials of state hearing requests for CCMEP shall
occur when:
(1) The request is not timely, as
described in paragraph (D) or (J)(2)(c) of this rule.
(2) The request was not made by the
appellant, or his/her authorized representative.
(3) The issue is not appealable as a basis
described in paragraph (C) of this rule.
(4) The sole issue is a change in federal or
state policy.
(5) The issue was
previously decided through the state hearing process.
(6) The appellant has not complied with
paragraphs (D)(3)(a) and (D)(3)(b) of this rule, and a scheduling notice was
issued in error.
(F) An
appellant who fails to participate on the day of the scheduled state hearing
date may not be rescheduled without providing evidence of good cause, as
defined in rule
5101:6-5-03 of the
Administrative Code. The appellant shall have ten calendar days from the
mailing date of the abandonment notice to provide evidence of good cause. Any
denial of good cause shall be sent by the bureau of state hearings to the
appellant in writing or by its electronic equivalent, as permitted by federal
law.
(G) The state hearing shall be
conducted in accordance with rules
5101:6-6-01 to
5101:6-6-04 of the
Administrative Code.
(H) The state
hearing decision shall be processed in accordance with rule
5101:6-7-01 of the
Administrative Code, except for the timely issuance provision. The state
hearing decision shall be issued within the federal timeliness
period.
(I) When a state hearing
officer issues a decision ordering compliance, the local agency shall have
fifteen calendar days or the federal timeliness period, whichever is less, to
comply with the order. Compliance is achieved upon review and approval of the
compliance documentation demonstrating the hearing officer's recommendations
have been followed by the local agency.
(J) Second level appeal rights.
(1) Appeal to the U.S. department of labor.
If the state hearing decision identifies the services as being funded under
WIOA, the party adversely affected by the decision may appeal to the department
of labor, as described in Section 181(c) of WIOA.
(a) The appellant or local agency shall file
the appeal request with the "U.S. Department of Labor Secretary" by certified
mail, return receipt requested. The appellant shall also send a copy of the
appeal by U.S. mail to the:
(i) "Employment
and Training Regional Administrator," and the
(ii) "Ohio Department of Job and Family
Services, Bureau of State Hearings."
(b) Upon receipt of the department of labor
response, for those issues not addressed by the department of labor, the
appellant may request an administrative appeal as described in paragraph (J)(2)
of this rule.
(2)
Requesting an administrative appeal.
(a) The
appellant may request an administrative appeal if the appellant disagrees with
the outcome of the state hearing decision and the state hearing decision
identifies the service as being funded under TANF.
(b) An administrative appeal may also be
requested:
(i) If the appellant disagrees
with:
(a) A denial of a state hearing request;
or
(b) The denial of a good cause
exception; or
(ii) For
any issues appealed to the department of labor, which the department of labor
declined to address.
(c)
The appellant shall have fifteen calendar days from the mailing date of any
decision described in paragraph (J)(2)(a) or (J)(2)(b) of this rule to request
an administrative appeal. The administrative appeal must be in writing. The
appellant may withdraw the administrative appeal request at any time prior to
an administrative appeal decision being issued.
(d) The administrative appeal process is
outlined in rule
5101:6-8-01 of the
Administrative Code. However, the administrative appeal decision must be issued
within the federal timeliness period for CCMEP administrative
appeals.
(e) When an administrative
appeal examiner issues an administrative appeal decision ordering compliance,
the local agency shall have fifteen calendar days or the federal timeliness
period, whichever is less, to comply with the order. Compliance is achieved
upon review and approval of the compliance documentation demonstrating the
administrative appeal examiner's recommendations have been followed by the
local agency.
(K) A missed deadline by either the local
agency or the bureau of state hearings does not preclude an appellant who was
referred for or received services funded under WIOA from making a complaint to
the department of labor pursuant to Section 181(c) of WIOA.
(L) An appellant who was referred for or
received services funded under TANF and disagrees with the administrative
appeal decision may pursue further appeal rights, as described in rule
5101:6-9-01 of the
Administrative Code.
(M) Local
agency responsibilities. The CCMEP local agency shall do all of the following:
(1) Provide the individual notice of his or
her CCMEP hearing rights and issue any required notices to the
individual.
(2) Assist the
individual, at the individual's request, in drafting and filing the initial
complaint, as described in paragraph (D)(3) of this rule and provide the
appellant the opportunity to first utilize the informal conference and local
hearing to address CCMEP issues, as described in paragraphs (D)(3)(a) and
(D)(3)(b) or this rule.
(3) Assist
the individual, at the individual's request, in initiating a state hearing
request, when the individual receives services under paragraph (D)(2) of this
rule.
(4) Utilize the CCMEP rules
outlined in Chapter 5101:14-1 of the Administrative Code to address CCMEP
complaints and hearings. If the issue cannot be resolved using rules found in
Chapter 5101:14-1 of the Administrative Code, the local agency may utilize the
CCMEP program plan submitted in accordance with Chapter 5101:14-1 of the
Administrative Code.
(5) Submit an
electronic state hearing request to the bureau of state hearings via the state
hearings electronic hearings and appeals tracking system within twenty-four
hours of receipt of the state hearing request.
(6) Prepare an appeal summary and, upon
request, make it available to the appellant at least three business days in
advance of the scheduled state hearing. In addition, the local agency shall
submit the appeal summary to the bureau of state hearings via the electronic
hearings and appeals tracking system at least three business days in advance of
the scheduled hearing.
(7) Follow
through with the hearing authority's final administrative decision and order,
including compliance and due dates, as instructed in the state hearing
decision. Compliance with the state hearing decision is required even if a
second level appeal is filed under paragraph (J)(1) of this rule.
