(A) An individual
suspected of having committed an intentional program violation shall be
provided written notice that he or she can waive the right to an administrative
disqualification hearing.
(1) The local
agency shall provide the notice at least fifteen days prior to referring the
case to
the Ohio department of job and family
services (ODJFS) for an administrative disqualification hearing.
Prior to providing notice, the local agency shall ensure,
through a review by someone other than the eligibility worker assigned to the
individual's case, that the evidence against the individual warrants
disqualification.
In cases where reliable information indicates that the
individual has left the project area, the waiver notice may be mailed, to the
accused individual's last known address, at the same time the referral is sent
to ODJFS.
(2)
State
The bureau of
state hearings shall also provide the notice along with the advance
notice of the administrative disqualification hearing.
(B) The notice shall be accompanied by
the JFS 04058 "Explanation of Administrative
Disqualification Hearing Procedures" (rev.
1/2015
5/2002)
or its computer-generated equivalent.
(C) The waiver notice, in conjunction with
the JFS 04058, shall include the following:
(1) A statement of the charges against the
individual.
(2) A summary of the
evidence, and how and where the evidence can be examined.
(3) A description of the penalties for
an intentional program violation and a statement
of which penalty is applicable to the individual.
(4) For notice sent by the local agency prior
to referral, the time period within which the signed waiver
must
shall be
received by the local agency to prevent initiation of the referral.
(5) A statement that the head of the
assistance group
must
shall also sign the waiver when the accused individual
is not the head of the assistance group.
(6) A statement that the accused individual
has the right to remain silent concerning the charges, and that anything said
or signed by the individual concerning the charges can be used against the
individual in a court of law.
(7)
An opportunity for the accused individual to specify whether or not he or she
admits to the facts as presented by the local agency.
(8) A statement that signing the waiver
will
shall
result in disqualification and a reduction in benefits for the period of
disqualification, even if the accused individual does not admit to the facts as
presented by the local agency.
(9)
A statement that the waiver does not preclude collection of the fraudulent
overpayment/overissuance.
(10) For
food assistance
supplemental nutrition assistance program (SNAP), each
person who was an adult member of the assistance group when the overpayment or
trafficking occurred is responsible for repayment of the overpayment/
overissuance.
(11) The name and
telephone number of the person to contact for more information.
(12) A telephone number to call about free
legal services.
(13) A statement
that the individual may obtain a copy of the department's published hearing
rules from the local agency upon request.
(D) In all instances, the JFS 04026 "Waiver
of Administrative Disqualification Hearing" (rev.
1/2015
5/2001)
or its computer-generated equivalent, shall be
used.
(E) To waive the
disqualification hearing, the accused individual
must
shall sign and
return the waiver so that it is received by the local agency or by
the bureau of state hearings prior to the
disqualification hearing.
(F) When
the individual suspected of
an intentional
program violation signs and returns the JFS 04026 so that it is received prior
to the disqualification hearing, the local agency shall disqualify the
individual in accordance with rule
5101:6-20-03
of the Administrative Code, regardless of whether or not the individual admits
to the facts as presented by the local agency. A copy of the JFS 04026 shall be
filed in the individual's case record.
(G) Prior to implementing the
disqualification, the local agency shall provide the individual a JFS 04062
""Notice of Disqualification for Intentional Program Violation" (rev.
1/2015
5/2001)
or its computer-generated equivalent, in
accordance with rule
5101:6-20-18
of the Administrative Code.
(H) The
disqualification period shall be implemented as follows:
(1) For Ohio works first (OWF) and
prevention, retention and contingency (PRC), the period shall begin no later
than the first day of the second month following the date the JFS 04062 is
mailed.
(2) For
food assistance
SNAP, the period shall begin with the first month
which follows the date the JFS 04062 is mailed.
Notes
Ohio Admin. Code 5101:6-20-30
Effective:
3/1/2019
Five Year Review (FYR) Dates:
11/27/2018 and
03/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 5101.35
Rule
Amplifies: 5101.35
Prior
Effective Dates: 08/01/1983, 08/01/1984 (Emer.), 10/20/1984, 09/01/1994,
10/01/1996, 05/15/1999, 06/01/2003, 09/01/2008,
02/28/2014