Ohio Admin. Code 5101:6-20-40 - State hearings: disqualification consent agreement
(A) The local
agency has the option of establishing procedures to allow an individual
suspected of an intentional program violation to
sign a disqualification consent agreement. Local agencies are encouraged to use
this option for those cases in which a determination of guilt is not obtained
from a court because:
(1) The accused
individual has met the terms of a court order.
(2) The accused individual was not prosecuted
because he or she met the terms of an agreement with the prosecutor.
(B) Those counties that choose
this
the
option identified in paragraph (A) of this rule
shall enter into an agreement with the county prosecutor that provides for
giving the individual advance written notification of the consequences of
signing a disqualification consent agreement.
(C) The disqualification consent agreement
shall include the following:
(1) For
individuals accused of committing an intentional
program violation in the Ohio works first (OWF) and prevention, retention and
contingency (PRC) programs, a statement that signing the agreement constitutes
an admission of guilt.
(2) A
statement for the accused individual to sign indicating that he or she
understands the consequences of signing the agreement.
(3) A statement that the head of the
assistance group must
shall also sign the agreement if the accused
individual is not the head of the assistance group.
(4) A statement that signing the agreement
will
shall
result in disqualification and a reduction in benefits for the period of
disqualification, even though the individual was not found guilty of civil or
criminal misrepresentation or fraud.
(5) A description of the penalties for
an intentional program violation, and a statement
of which penalty or penalties will
shall be imposed if the individual signs the
agreement.
(6) 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.
(D) In the
OWF and PRC programs, the disqualification consent agreement
must
shall be
confirmed by the court.
(E) The
local agency may use the JFS 04027 "Disqualification Consent Agreement" (rev.
1/2015
5/2002)
or a similar, county-developed form which meets the requirements of this rule.
(F) When signed, a copy of the
disqualification consent agreement shall be given to the individual, a copy
provided to the local agency to be filed in the individual's case record, and a
copy sent to the bureau of state
hearings.
(G) When the individual
suspected of an intentional program violation
signs a disqualification consent agreement, he or she shall be disqualified in
accordance with rule
5101:6-20-03
of the Administrative Code, unless contrary to the court order.
(H) 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.
(I) The
disqualification period shall be implemented as follows:
(1) For OWF and 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 within forty-five days of
the date the individual signed the disqualification consent
agreement.
(3) If the court imposes
a disqualification period or specifies the date for initiating the
disqualification period, the county
local agency shall disqualify the individual in
accordance with the court order.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35
Prior Effective Dates: 08/01/1983, 05/01/1985, 09/01/1994, 05/19/1999, 06/01/2003, 09/01/2008, 02/28/2014
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