In accordance with rule
5101:4-8-30
of the Administrative Code, an individual financially responsible (debtor) for
a food assistance
supplemental nutrition assistance program (SNAP) claim
that disagrees with a referral to the treasury offset program (TOP) may request
a review by the county agency
Ohio department of job and family services (ODJFS),
office of fiscal and monitoring services, bureau of program integrity
(BPI), and then by the United States department of agriculture (USDA)
food and nutrition service (FNS).
(A)
What are the responsibilities of
the county
agency
BPI when a
written review
request concerning the referral of the debt to the TOP
is received?
The county agency
BPI shall:
(1) Conduct a review on all requests received
within sixty days of the mailing date of the notice issued in accordance with
paragraph (D) of rule
5101:4-8-30
of the Administrative Code.
The county
agency
BPI will not conduct a review on
requests received later than sixty days after the mailing date of the
notice.
(2) Not refer a claim for
offset while the claim is under review.
(3) Verify the debtor's social security
number.
(4) Verify that when
someone other than the debtor makes a written request for review on behalf of
the debtor, the request includes a statement signed by the debtor, authorizing
the person to represent the debtor.
(5)
For written
review requests issue
Issue a
written notice to the debtor within
fifteen
thirty
days of receipt of the
written request for
review, when it is determined that the claim is legally enforceable and
past-due. The notice includes:
(a) A
statement that the claim will be referred to the TOP unless the debtor makes an
acceptable repayment arrangement on the claim in accordance with paragraph (E)
of rule
5101:4-8-30
of the Administrative Code; and
(b)
Instructions and time limits to request a review by FNS of the
county agency
BPI determination. The request for an FNS review
must
is to be
received by the USDA FNS midwest regional office within thirty days from the
mailing date of the notice.
(6)
For written
review requests issue
Issue a
written notice to the debtor within
fifteen
thirty
days of the receipt of the
written request for
review, when it is determined that the claim is not legally enforceable and/or
past-due. This notice includes:
(a) A
statement that the claim will not be referred to offset; and
(b) A statement that the county agency
or BPI may take action necessary to establish
and/or recover the claim.
(7) Cancel the
claim
referral in
accordance with rule
5101:4-8-30
of the Administrative Code, when a determination is made that a claim is not
legally enforceable and
/or past-due.
(8)
Issue
a copy of the written notice(s) sent to the debtor to the county agency.
(B) When an FNS review
of the
county agency
BPI determination has been requested, who does FNS
notify of their determination?
FNS notifies the Ohio department of
job and family services (ODJFS)
BPI and
the debtor of its determination. ODJFS
BPI will then notify the applicable county agency of
the FNS determination.
(1) When FNS
determines that
the county agency
BPI correctly determined the claim to be past due and
legally enforceable, FNS notifies the debtor that any further appeal
must
is to be
made through the courts and the referral to the TOP will proceed.
(2) When FNS determines that
the county agency
BPI incorrectly determined the claim to be past due
and legally enforceable, FNS notifies
ODJFS
BPI about any
corrective action that
must
is to be taken
with respect to the claim.
Notes
Ohio Admin. Code
5101:4-8-30.1
Effective:
3/1/2020
Five Year Review (FYR) Dates:
11/21/2019 and
03/01/2025
Promulgated
Under: 111.15
Statutory
Authority: 5101.54
Rule
Amplifies: 5101.54
Prior
Effective Dates: 08/01/1995, 07/01/1996, 09/13/1996, 09/01/1998 (Emer.),
11/01/1998, 01/01/2004, 04/01/2009, 04/15/2010,
08/01/2014
