Ohio Administrative Code
Title 5101:6 - Hearings
Chapter 5101:6-2 - Notice
Section 5101:6-2-05 - State hearings: exceptions to prior notice

(1) Under the following circumstances, prior notice of adverse action is not required, but the assistance group shall be provided written notice on or before the effective date of the action. The agency is not required to continue fair hearing benefits.

(2) The notice shall contain:

(3) The JFS 04085 "Prior Notice of Right to a State Hearing (Adequate Notice) (rev. 2/2014)," or its computer-generated equivalent, shall be used.

(1) The agency determines, based on reliable information, that all members of the assistance group have died.

(2) The agency determines, based on reliable information, that the assistance group has moved from the county.

(3) The assistance group has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the assistance group was previously notified in writing of when the increased allotment would terminate.

(4) The assistance group jointly applied for public assistance and SNAP benefits, has been receiving SNAP benefits pending the approval of the public assistance grant, and was notified in writing at the time of certification that SNAP benefits would be reduced upon approval of the public assistance grant.

(5) An assistance group member is disqualified for an intentional program violation in accordance with rule 5101:4-8-15 of the Administrative Code, or the benefits of the remaining assistance group members are reduced or terminated to reflect the disqualification of that assistance group member.

(6) The agency has elected to assign a longer certification period to an assistance group which was certified on an expedited basis and for whom verification was postponed, under the provisions of rule 5101:4-6-09 of the Administrative Code.

The assistance group shall have received written notice that the receipt of future benefits is contingent on its providing the verification that was initially postponed and that the agency may act on the verified information without further notice.

(7) The assistance group is converted from cash and/or SNAP electronic benefit transfer (EBT) benefit repayment to allotment reduction as a result of failure to make agreed upon repayment of an overissuance.

(8) The agency is terminating the eligibility of a resident of a drug or alcohol treatment center or a group living arrangement if the facility loses either its certification from the appropriate agency or agencies of the state of Ohio, as defined in rule 5101:4-6-01 of the Administrative Code, or has its status as an authorized representative suspended due to food and nutrition services (FNS) disqualifying it as a retailer.

(9) The assistance group voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated. If the assistance group does not provide a written request, the agency shall send the assistance group a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of adverse action except that the assistance group may request a state hearing.

(10) The agency determines, based on reliable information, that the assistance group will not be residing in the county and, therefore, will be unable to obtain its next allotment. The agency shall inform the assistance group of its termination no later than its next scheduled issuance date. While the agency may inform the assistance group before its next issuance date, the agency shall not delay terminating the assistance group's participation in order to provide advance notice.