(A) What happens
when an individual does not comply with a work registration requirement?
(1) When an individual fails or refuses to
meet the work registration requirements in rule
5101:4-3-11.1 of the
Administrative Code, the individual shall be sanctioned from participation in
the supplemental nutrition assistance program (SNAP) as follows:
(a) For a first failure or refusal, the
county agency shall sanction the individual by denying or terminating the
individual's eligibility to participate in the SNAP for a minimum of one
benefit month.
(b) For a second
failure or refusal, the county agency shall sanction the individual by denying
or terminating the individual's eligibility to participate in the SNAP for a
minimum of three benefit months.
(c) For the third or subsequent failure or
refusal, the county agency shall sanction the individual by denying or
terminating the individual's eligibility to participate in the SNAP for a
minimum of six benefit months.
(2) When an individual stops receiving SNAP
benefits before the actual imposition of the sanction, the sanction will not be
held in abeyance. The establishment of new residence in another county or
another assistance group by an individual who has been proposed for a sanction
or who is currently under sanction does not, in and of itself, negate the
sanction.
(B) What is the
process for notification of noncompliance?
(1) Prior to issuing a notice of
noncompliance in accordance with paragraph (B)(2) of this rule, the county
agency is to ensure that the individual was informed of the failure(s) and his
or her right to provide good cause information to the county agency.
(a) The county agency
or the SNAP (E&T) provider may
is to inform the individual of the failure by
any reasonable means (letter, phone call, email,
etc,)
issuing the JFS 07209, "Supplemental
Nutrition Assistance Program Notification of Alleged Failure" to the individual
and document the case record.
(b) The SNAP E&T provider is to adhere to
the reporting time frame to the county agency described in paragraph (B)(3) of
rule
5101:4-3-30 of the
Administrative Code.
(c) The attempt to contact the
individual is to be documented in the case record.
(2) Once an individual has been
informed in accordance with paragraph (B)(1) of this rule, it is the
individual's responsibility to contact the county agency within seven days of
the notification of noncompliance to show good cause for the failure.
Within ten days of determining the failure was
without good cause, in accordance with Chapter 5101:6-2 of the Administrative
Code, proper notice of adverse action is to be provided to the
individual.
The notification shall
contain:
(a)
The particular act of noncompliance
committed;
Prior to processing the
noncompliance within the Ohio benefits integrated eligibility system, the
county agency is to complete the JFS 07210, "Supplemental Nutrition Assistance
Program Employment and Training Pre-Sanction Checklist" and save it to the case
record.
(b)
The proposed period of the sanction;
Within ten days of determining the failure was without good
cause, in accordance with Chapter 5101:6-2 of the Administrative Code, proper
notice of adverse action is to be provided to the individual. The notice is to
contain:
(i)
The
particular act of noncompliance committed;
(ii)
The proposed
period of the sanction;
(iii)
Language explaining that the individual may, when
appropriate, reapply at the end of the sanction period;
(iv)
Information on
or with the notice describing the action that can be taken to avoid the
sanction before the sanction period begins; and
(v)
Notice and
hearing requirements contained in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code that apply in each instance of noncompliance and subsequent
sanction action.
(c) Language explaining that the
individual may, when appropriate, reapply at the end of the sanction
period;
(d) Information on or with the
notice describing the action that can be taken to avoid the sanction before the
sanction period begins; and
(e) Notice and hearing requirements
contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code that
apply in each instance of noncompliance and subsequent sanction
action.
(C) What is the process when it is determined
an individual is not suited for participation in an assigned SNAP E&T
activity?
(1) When a SNAP E&T provider
determines that an individual is not suited for participation, either at the
time the individual is referred to the activity or until the activity
completion, the provider is to notify the county agency within ten days of the
determination to explain the reason the individual is not an appropriate
placement in the E&T program. The provider may provide information that
will assist in making a change in placement. However, if the provider is unable
to provide a reason for the determination, the county agency is to process the
provider determination without the reason.
(2) Within ten days of the county agency
receiving the provider notification, the county agency is to notify the
individual of the provider determination. The notice is to include:
(a) A description of the provider
determination when available;
(b)
The steps the county agency will take as a result of the
determination;
(c) The contact
information for the agency;
(d)
Information that the individual is not being sanctioned as a result of the
provider determination; and
(e)
Information that an able-bodied adult without dependents who receives a
provider determination will accrue countable months towards their threemonth
time limit the next full benefit month after the month during which the county
agency notifies the individual of the provider determination unless the
individual:
(i) Has met the work requirements
as described in rule
5101:4-3-20 of the
Administrative Code;
(ii) Has
established good cause;
(iii) Lives
in a waived county; or
(iv) Is
determined to be exempt as described in rule
5101:4-3-11 of the
Administrative Code.
(3) Within ten days of the county agency
notifying the individual but no later than the next recertification the county
agency is to:
(a) Reassess the physical and
mental fitness of the individual to determine if an exemption is met in
accordance with rule
5101:4-3-11 of the
Administrative Code or determine if an update to the employability plan is
needed based on limitations for participating in an activity; and
(b) Update the case record and when necessary
the employability plan with any changes.
(D) How does an individual comply to regain
eligibility for SNAP?
Except for individuals sanctioned as a result of a voluntary
quit or reduction of work effort, the county agency shall require the
individual to:
(1) Prior to
reinstatement of benefits, the individual shall sign the JFS 03804 "Ohio Works
First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance
Agreement" agreeing to participate in the work program and to comply with the
work registration requirements described in rule
5101:4-3-11.1 of the
Administrative Code.
(a) When the JFS 03804 is
signed prior to the end of the sanction period, the sanctioned individual shall
regain eligibility and benefits shall be reinstated after the minimum sanction
period is served.
(b) When the JFS
03804 is signed after the end of the minimum sanction period, the individual
shall regain eligibility effective the day the JFS 03804 was signed and
returned to the county agency and benefits shall be reinstated pursuant to rule
5101:4-7-01 of the
Administrative Code.
(2)
When the circumstances change and the individual qualifies for an exemption
from work registration in accordance with rule
5101:4-3-11 of the
Administrative Code, the individual may qualify for SNAP benefits. Such
exemptions may occur before the minimum sanction period ends.
(3) Individuals sanctioned as a result of a
voluntary quit or reduction of work effort shall be required to regain
eligibility in accordance with rule
5101:4-3-19 of the
Administrative Code.
(E)
How are failures for noncompliance with unemployment compensation or an Ohio
works first (OWF) work requirement handled?
Individuals receiving unemployment compensation or OWF benefits
are exempt from work registration. Instead, the individual must comply with the
unemployment compensation or OWF requirements. When the assistance group
reports a loss or denial of unemployment compensation or OWF eligibility or
when the county agency learns of the loss or denial, the county agency shall
determine whether the loss or denial was caused by a determination by the
administering agency that the individual refused or failed without good cause
to comply with an unemployment compensation or OWF requirement. When it is
determined the individual failed or refused to meet an unemployment
compensation or OWF requirement, the county agency shall:
(1) Determine if the assistance group is an
OWF assistance group. An OWF assistance group is a group in which all members
are receiving OWF benefits. For OWF assistance groups, the county agency shall
follow rule
5101:4-3-09 of the
Administrative Code. However, when all of the individuals in the assistance
group are not receiving OWF cash benefits (i.e. one or more members are only in
receipt of SNAP), the assistance group remains subject to the requirements of
this rule.
(2) Determine if the
individual meets one of the other work registration exemptions outlined in rule
5101:4-3-11 of the
Administrative Code. When the individual meets another work registration
exemption in rule
5101:4-3-11 of the
Administrative Code, no action is required.
(3) When the individual does not meet another
work registration exemption, the individual shall be sanctioned in accordance
with this rule. The income and resources of the individual shall be treated in
accordance with paragraph (A) of rule
5101:4-6-13 of the
Administrative Code.
(4) Assistance
group members who fail to comply with an unemployment compensation or OWF
requirement that is not equivalent to that of a supplemental nutrition
assistance program (SNAP) work requirement shall lose their exemption and must
be registered for work when not otherwise exempt.
Notes
Ohio Admin. Code
5101:4-3-11.2
Effective:
10/1/2023
Five Year Review (FYR) Dates:
11/18/2026
Promulgated
Under: 119.03
Statutory Authority: 5101.54
Rule
Amplifies: 5101.54
Prior Effective Dates: 10/15/2009, 03/01/2012,
10/01/2013, 08/01/2015, 07/01/2017, 04/01/2020,
11/18/2021