Current through all regulations passed and filed through September 16, 2024
(A) The following definitions apply to rules
5101:6-50-01 to
5101:6-50-09 of the
Administrative Code.
(1) "Affected party"
means a person whose interests are subject to an adjudication by ODJFS,
including providers and licensees.
(2) "Appellant" means an affected party who
has requested an adjudication hearing pursuant to Chapter 119. of the Revised
Code.
(3) "Contract" means any
agreement through which ODJFS purchases goods or services from a
vendor.
(4) "Department" means the
Ohio department of job and family services.
(5) "Depository agent" means the office of
legal and acquisition services of ODJFS and its official mailing address for
the purpose of receiving correspondence or filings for any hearing held under
authority of Chapter 5101:6-50 of the Administrative Code.
(6) "Director" means the director of ODJFS or
the director's designee.
(7)
"Grant" means an award of funds by ODJFS to a public agency or private
nonprofit corporation that does not include the purchase or lease of services,
materials, or supplies for ODJFS.
(8) "Hearing" means a hearing held by ODJFS
in compliance with sections
119.06 to
119.13 of the Revised
Code.
(9) "Last known address"
means the most recent mailing address reported to ODJFS by the person in
compliance with requirements to provide the person's address.
(10) "License" means any license, permit,
certificate, commission, or charter issued by ODJFS. License does not include
any arrangement whereby a person, institution, or entity furnishes medicaid
services under a provider agreement with ODJFS.
(11) "Licensee" means any person,
institution, or entity, governmental or nongovernmental, that furnishes
services under a license issued by ODJFS pursuant to statute.
(12) "ODJFS" means the Ohio department of job
and family services.
(13) "Order"
means any final adjudication of facts, issues, or amounts in controversy in any
hearing conducted under the authority of Chapter 5101:6-50 of the
Administrative Code before ODJFS and any final disposition or directive of the
director regarding the rights, duties, privileges, benefits, legal
relationships, jurisdictional status, or standing of any affected party or
appellant.
(14) "Person" means an
individual, a firm, a corporation, an association, an institution, a
partnership, or an entity.
(B) Application of procedures contained in
Chapter 5101:6-50 of the Administrative Code.
Chapter 5101:6-50 of the Administrative Code prescribes the
procedures to be followed in all hearings held before ODJFS pursuant to
sections 119.06 to
119.13,
5103.03,
5103.12 and
5104.04 of the Revised Code. The
provisions of Chapter 5101:6-50 of the Administrative Code are to be
interpreted and construed to achieve their general purpose of providing orderly
and fair procedures for conducting hearings before ODJFS. Section
1.14 of the Revised Code
controls the computing of time deadlines referenced in Chapter 5101:6-50 of the
Administrative Code.
(C)
Actions that do not provide hearing rights under this chapter.
Unless otherwise noted, Chapter 5101:6-50 of the Administrative
Code does not apply to circumstances that include, but are not limited to, the
following:
(1) Acts of the director or
other officers of ODJFS that are ministerial in nature.
(2) Actions of ODJFS that are subject to
hearings under an administrative review procedure other than the review
provided by Chapter 119. of the Revised Code.
(3) Actions involving in-home aides pursuant
to Chapter 5104. of the Revised Code.
(4) Hearings, authorized by section
5101.35 of the Revised Code and
rules in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, provided to
applicants for, or recipients of, benefits under Ohio works first; prevention,
retention or contingency program; temporary assistance for needy families; food
assistance; medicaid; social services; adoptions; disability financial
assistance; residential state supplement payments; Titles IV-A, IV-B, IV-D,
IV-E, XIX, XX, or XXI of the Social Security Act (as in effect on
10/1/2023), 49 Stat. 620 or other assistance programs;
who are aggrieved because of the actions of ODJFS, other state agencies, or of
a county department of job and family services, child support enforcement
agency, public children services agency, or other county agencies.
(5) Except as provided in paragraph (D) of
this rule, disputes involving a Title XX social services contract entered into
between ODJFS or a county department of job and family services, public
children services agency, or child support enforcement agency and a contractor
of services.
(6) Personnel action
appeals of employees of ODJFS or of a county department of job and family
services, public children services agency, or child support enforcement
agency.
(7) Disputes involving the
issuance, denial, or termination of a contract, a grant, or an interagency
agreement issued by ODJFS or a protest filed with regard to a request for
proposals issued by ODJFS.
(8)
Administrative actions taken by ODJFS that involve program administration and
funding affecting county departments of job and family services, public
children services agencies, or child support enforcement agencies.
(9) Appeals and disputes arising out of any
actions under section
5101.20,
5101.201,
5101.21,
5101.213,
5101.216,
5101.22,
5101.221,
5101.24,
5101.241, or
5101.242 of the Revised
Code.
(10) Actions and disputes
involving the use or access to funds administered under the Workforce
Investment Act of 1998, 112 Stat. 936,
239 U.S.C.A.
2801, the Wagner-Peyser Act, 48 Stat. 113
(1933), 29 U.S.C.A.
49, and Chapters 4141. and 6301. of the
Revised Code, or any other funds for which the United States department of
labor is responsible for direct or indirect oversight.
(D) Actions that provide hearing rights under
this chapter.
Except as provided in paragraph (C) of this rule, those actions
of ODJFS that afford the right to a hearing pursuant to ODJFS authority
provided in Chapter 119. of the Revised Code include the proposal of the
director to do the following:
(1)
Refuse to issue a license, unless a hearing was held before the refusal to
issue such license.
(2) Suspend or
revoke a license.
(3) Require a
person to obtain a license when the person claims that the law does not impose
such a requirement, except when ODJFS pursues injunctive relief through
division (H) of section
5103.03 or division (G) of
section
5104.04 of the Revised Code.
(4) Terminate, refuse to enter into, or
refuse to renew an agreement with a public children services agency or private
child placing agency under section
5103.12 of the Revised
Code.
