Ohio Admin. Code 5101:6-20-01 - State hearings - disqualification for an intentional program violation
(A) Chapter 5101:6-20 of the Administrative
Code governs disqualification for intentional program violation in the Ohio
works first (OWF), prevention, retention and contingency (PRC) and
food assistance
supplemental nutrition assistance program (SNAP)
programs.
(B) An individual may be
disqualified from the OWF, PRC and/or food
assistance
SNAP programs for
an intentional program violation based on one of
the following.
(1) A finding by a court that
the individual has committed a criminal offense connected to violation of the
OWF and/or PRC program, and/or food
assistance
SNAP requirements.
(2) A disqualification consent agreement,
signed by the individual, in accordance with rule
5101:6-20-40
of the Administrative Code.
(3) An
administrative disqualification hearing decision that finds that the individual
has committed an intentional program violation.
(4) A waiver of the right to an
administrative disqualification hearing, signed by the individual, in
accordance with rule
5101:6-20-30
of the Administrative Code.
(C) The local agency is responsible for
investigating any case alleging an intentional program violation, regardless of
the suspected individual's current eligibility status, and for ensuring that
appropriate cases are acted upon either through administrative disqualification
procedures or referral for prosecution.
(D) Local agencies are encouraged to refer
for prosecution those individuals suspected of committing
an intentional program violation, particularly if
the value of benefits involved is large or if the individual is suspected of
committing more than one act of intentional program violation.
(1) The local agency shall confer with its
legal representative to determine the types of cases which will be accepted for
possible prosecution.
(2) Local
agencies shall also encourage local prosecutors to recommend to the courts that
a disqualification penalty, as provided for by rule
5101:6-20-03
of the Administrative Code, be imposed in addition to any other civil or
criminal penalties for such violations.
(E) Administrative disqualification
procedures should
shall be initiated in the following situations:
(1) The local agency believes the facts of
the case do not warrant civil or criminal prosecution.
(2) The facts of the case were previously
referred for prosecution but were declined by the appropriate legal
authority.
(3) No action was taken
on a previously referred case within a reasonable time and the referral was
formally withdrawn by the local agency.
(F) The local agency shall not initiate
administrative disqualification procedures against an individual currently
being referred for prosecution or subsequent to any action taken against the
individual by the prosecutor or the court, if the factual issues of the case
arise out of the same, or related, circumstances.
(1) Such action by the court shall include
receiving a complaint of an intentional program violation.
(2) Such action by the prosecutor shall
include the filing of a complaint in court or presentation of the case to a
grand jury, regardless of whether the grand jury returns an
indictment.
(3) The prosecutor's
independent review and investigation of a referred case shall not, by itself,
constitute such action.
(G) The local agency shall not initiate
administrative disqualification procedures against an accused individual when a
previous administrative disqualification hearing on the same, or related,
circumstances was decided in the accused individual's favor.
(H) In proceeding against an individual, the
local agency shall coordinate any corresponding actions taken under the OWF,
PRC and food assistance
SNAP programs where the factual issues arise from the
same or related circumstances.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 06/20/1980, 10/01/1981, 08/01/1983, 09/01/1994, 03/18/1996, 05/18/1996, 05/15/1999, 05/01/2000, 06/01/2003, 09/01/2008, 02/28/2014
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