Ohio Admin. Code 5101:4-1-13 - Food assistance: availability of information, program administration, office operations, and income eligibility verification system information
(A)
How should the
county agency make
What information about
the supplemental nutrition assistance program (SNAP)
information
is the
county agency to make available?
(2)(3) Optional
information to be made available.
:
(1)
Required information to be made
available.
State agency certification handbooks
are to be made available for review upon request.
(a) State agency certification
handbooks shall be available for examination upon request at each local county
agency.
(b) The following posters are
required to be displayed in all county agencies:
(i) The "And Justice for All" poster
(Form AD-475B) (9/2019). This poster may be downloaded from the United States
department of agriculture food and nutrition service (FNS) web site at
https://www.usda.gov/oascr/and-justice-all.
(ii) The JFS 07207 "Your Food
Assistance Rights" poster.
(iii) The JFS 08048 "Your Civil
Rights" poster.
(iv) The JFS 08083 "Do You Have a
Disability" poster.
(2)
The following
posters are to be displayed in all county agencies:
(a)
The "And Justice
for All" poster (Form AD-475B) (9/2019). This poster may be downloaded from the
United States department of agriculture food and nutrition service (FNS) web
site at
https://www.usda.gov/oascr/and-justice-all
;
(b)
The JFS 07207 "Your SNAP Rights"
poster;
(c)
The JFS 08048 "Your Civil Rights" poster;
and
(d)
The JFS 08083 "Do You Have a Disability"
poster.
County agencies may make printed
materials available such as pamphlets, fliers and posters that contain current
basic information about the following items: eligibility requirements and
program benefits; application procedures including how to obtain and file
applications; the documentation required for completing applications;
applicants' rights to receive applications when they are requested, file
applications the day they are received, and receive benefits (if determined to
be eligible) within thirty days of filing applications; expedited service; fair
hearings; out-of-office interview provisions; procedures for filing a
complaint; and the locations and hours of operation of the county agency. When
this material is made available, it shall be available in languages other than
English as required in rule 5101:4-1-05 of the Administrative Code and shall
include the SNAP program nondiscrimination statement. County agencies may
provide a telephone number where information on filing complaints and the
location and hours of service may be obtained in lieu of providing this
information in printed form.
(a)
County agencies
may make printed materials available such as pamphlets, fliers and posters that
contain current basic information about the following items:
(i)
Eligibility
requirements and program benefits;
(ii)
Application
procedures including how to obtain and file applications;
(iii)
The
documentation required for completing applications;
(iv)
Applicants'
rights to receive applications when they are requested, file applications the
day they are received, and receive benefits (if determined to be eligible)
within thirty days of filing applications;
(v)
Expedited
service;
(vi)
Fair hearings;
(vii)
Out-of-office
interview provisions;
(viii)
Procedures for filing a complaint;
(ix)
The locations
and hours of operation of the county agency; and
(x)
A telephone
number where information on filing complaints and the location and hours of
service may be obtained in lieu of providing this information in printed
form.
(b)
When this material is made available, it is to be
available in languages other than English as outlined in rule
5101:4-1-05 of the
Administrative Code and is to include the SNAP program nondiscrimination
statement.
(B) What procedures shall a county agency
establish to administer the SNAP program?
(1)
County agencies are responsible for setting their hours of operation. In doing
so, county agencies shall take into account the special needs of the
populations they serve, such as, but not limited to assistance groups:
(a) Containing a working person;
(b) With elderly, disabled, or medically
fragile members;
(c) Residing in
rural areas with low-income members;
(d) Containing homeless
individuals;
(e) Residing on
reservations; and
(f) With adult
members who are not proficient in English.
(2) The county agency shall have a procedure
for informing persons who wish to apply for SNAP about the application process
and their rights and responsibilities.
(3) The county agency shall provide timely,
accurate, and fair service to applicants and participants of the SNAP program.
The county agency shall base SNAP eligibility solely on the criteria contained
in the Food and Nutrition Act of 2008 and this certification handbook. The
county agency shall not impose additional application or application processing
requirements as a condition of eligibility.
(4) County agencies are encouraged to inform
applicant and participant assistance groups about the importance of a
nutritious diet and the relationship between diet and health. The Ohio
department of job and family services (ODJFS) contracts with a vendor to
provide nutrition education in several counties throughout the state.
(C) What are the requirements for
the use or disclosure of case file information to persons not part of the
assistance group?
Persons not part of the assistance group shall be restricted to information based on the following conditions:
(1) The following persons are provided case
file information without being required to make a written request:
(a) Persons directly connected with the
administration or enforcement of the provisions of the Food and Nutrition Act
or regulations, other federal assistance programs, or federally assisted state
programs which
that provide assistance on a means-tested basis to
low-income individuals or local or state Ohio works first (OWF) assistance
programs. Examples are medicaid,
and supplemental security income (SSI) and
disability financial assistance (DFA)
program personnel, persons directly connected with nutrition education and
program information efforts, state and local personnel connected with the
emergency food assistance program (TEFAP), local county prosecutors
investigating possible SNAP fraud, officials from the office of inspector
general, auditor of state's office, ODJFS bureau of external audits, and
management evaluation (ME) and quality assurance (QA) reviewers;
(b) Employees of the comptroller general's
office of the United States for audit examination authorized by any other
provision of law;
(c) Persons
directly connected with the administration or enforcement of the programs that
are required to participate in the income and eligibility verification system
(IEVS) in accordance with rule
5101:4-7-09 of the
Administrative Code , to the extent the SNAP information is useful in
establishing or verifying eligibility or benefit amounts under those
programs;
(d) Persons directly
connected with the administration of the child support program under part D,
Title IV (42 USC
651, 8/1996) of the Social Security Act of
1935 in order to assist in the administration of that program, and employees of
the secretary of health and human services as necessary to assist in
establishing or verifying eligibility or benefits under Titles II
(42 USC
401, 3/2004) and XVI (42 USC
1381, 3/1995) of the Social Security Act;
and
(e) Persons directly connected
with the verification of immigration status of aliens applying for SNAP
benefits, through the systematic alien verification for entitlements (SAVE)
program, to the extent the information is necessary to identify the individual
for verification purposes.
(f)
Local educational agencies administering the national
school lunch program established under the Richard B. Russell National School
Lunch Act (12/2019) or the school breakfast program established under the Child
Nutrition Act of 1966 (12/2010), for the purpose of directly certifying the
eligibility of school-aged children for receipt of free meals under the school
lunch and school breakfast programs based on their receipt of SNAP
benefits.
(2) The
following persons are provided case file information upon written request:
(a) Persons indirectly connected with the
enforcement of the provisions of the Food and Nutrition Act of 2008 or
regulations, such as local, state or federal law enforcement officials, upon
their written request for the purpose of investigating an alleged violation of
the Food and Nutrition Act of 2008 or regulations. Examples include: officials
of the federal bureau of investigation, the United States secret service,
department of homeland security (DHS) (unless the county agency initiated
contact with DHS in accordance with rule
5101:4-3-07 of the
Administrative Code), or other law enforcement agencies,
if
when the
investigation concerns an assistance group fraudulently obtaining benefits or
otherwise violating the Food and Nutrition Act of 2008 or regulations. The
written request shall include the identity of the individual requesting the
information and his or her authority to do so, the violation being
investigated, and the identity of the person on whom the information is
requested. These requests must be made in writing prior to the
disclosure.
(b) Local, state, or
federal law enforcement officers, may present a request in writing for the
address, social security number or photograph of any assistance group member
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) in accordance with rule
5101:4-2-03 of the
Administrative Code; or is violating a condition of probation or parole imposed
under a federal, state, or county law in accordance with rule
5101:4-2-03 of the
Administrative Code.
(i) The written request
shall include the identity of the individual requesting the information and his
or her authority to do so. The written request shall also include the identity
of the individual who is suspected of fleeing, including but not limited to,
the full name, date of birth, and documentation indicating the person is
fleeing to avoid prosecution or custody for a felony (i.e. factual details,
copies of the police incident report and a copy of the felony warrant that was
issued), or has violated a condition of probation or parole (i.e. a copy of the
alleged infraction and arrest warrant issued).
(ii) The county agency shall provide
information regarding an assistance group member when a law enforcement officer
is acting in his or her official capacity and presents a request in writing
that includes the name of the person being sought, if the other assistance
group member has information necessary for the apprehension or investigation of
the other assistance group member who is fleeing to avoid prosecution or
custody for a felony, or has violated a condition of probation or parole
imposed under federal or state law. The county agency shall disclose only such
information as is necessary to comply with a specific written request of a law
enforcement agency.
(iii) The
county agency shall accept any document that reasonably establishes the
identity of the assistance group member being sought by law enforcement
authorities.
(iv)
If
When a law
enforcement officer provides written documentation indicating an assistance
group member is fleeing to avoid prosecution or custody
for a felony or has violated a condition of probation or parole for any
of the reasons listed in this rule, the county agency shall determine the
individual's eligibility in accordance with rule
5101:4-2-03 of the
Administrative Code.
(3) In all other cases (including requests
from law enforcement officials conducting non-SNAP related investigations), a
waiver signed by the recipient on whom the information is requested must be
secured by the county agency and retained in its files. The waiver shall be
dated, include to whom the information is to be released, state what
information is to be released (either itemizing or stating a general release of
any information requested), and the period of time the release is intended to
cover. The written request shall include the same information as specified in
paragraph (C)(2) of this rule.
(4)
When there is a written request by a responsible member of the assistance
group, its currently authorized representative, or a person acting on its
behalf, to review materials and information contained in its case file, the
material and information contained in the case file shall be made available for
inspection during normal business hours. However, the county agency may
withhold confidential information, such as the names of individuals who have
disclosed information about the assistance group without the assistance group's
knowledge, or the nature or status of pending criminal prosecutions.
(D) How shall information be
protected?
Recipients of information released under paragraph (C) of this
rule must adequately protect the information against unauthorized disclosure to
persons or for purposes not specified in paragraph (C) of this rule. In
addition, information received through IEVS must be protected from unauthorized
disclosure as required by regulations established by the information provider.
Information released to the county agency pursuant to
26 U.S.C.
6103
(1/2013)
(1/2013)
(rev. 10/2014)
(E) What is IEVS information and how is it
used by the county agency?
An IEVS information match is a collection of wage and benefit information that has been requested by the ODJFS or county agencies.
(1) ODJFS has the authority to request
benefits and wage information from the social security administration under
provisions of 26 U.S.C.
6103(l)(7)(A)
(12/2020) , the state wage information collection
agency, the IRS pursuant to 26 U.S.C.
6103(1)(7)(B)
(12/2020) , and the agency administering
unemployment compensation benefits subject to the provision and limitations of
42 U.S.C.
503 (12/2013) and
7 CFR
272.8
(2/2013)
(04/2019) .
(2) The county agency shall use information
obtained through IEVS in verifying eligibility and to determine the amount of
SNAP benefits due to eligible assistance groups in accordance with rule
5101:4-7-09 of the
Administrative Code.
(3)
If
When not
otherwise documented, the county agencies must obtain written agreements from
these information provider agencies affirming that they must not record any
information about individual SNAP assistance groups and that staff in those
agencies are subject to the disclosure restrictions of the information provider
agencies and 7 CFR
272.1(c)
(8/2010)
(12/2018) .
Notes
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 06/02/1980, 04/04/1981, 01/22/1982, 09/27/1982, 03/01/1984 (Temp.), 06/01/1984, 12/31/1984 (Emer.), 04/01/1985, 08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 04/10/1987 (Emer.), 06/22/1987, 03/24/1988 (Emer.), 06/18/1988, 02/17/1991, 06/01/1993, 08/01/1995 (Emer.), 10/13/1995, 07/01/1996 (Emer.), 08/25/1996, 09/22/1996 (Emer.), 12/21/1996, 11/01/1997, 06/01/2001 (Emer.), 08/27/2001, 09/01/2004, 10/06/2008, 12/01/2009, 09/01/2010, 03/01/2017, 05/01/2021
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