Ohio Admin. Code 5101:6-5-02 - State hearings: postponement of the state hearing
(A) Postponement is a request prior to the
hearing date to schedule the hearing for a later date.
(1) Public assistance, social
services
services, and child support services
(a) The hearing may be postponed at the
request of the individual or authorized representative when good cause, as
defined in rule
5101:6-5-03 of the
Administrative Code, exists.
(b)
The hearing authority shall have final authority to determine whether good
cause exists. Verification of good cause may be required.
(c) The hearing authority shall have final
authority to deny repeated requests for postponement.
(d) Postponement shall not extend the time
limit for issuing a state hearing decision.
(2)
Food
assistance
Supplemental nutrition assistance
program (SNAP)
(a) The assistance group
is entitled to postponement of its scheduled hearing date, not to exceed thirty
calendar days. A postponement shall be granted one time per appeal.
(b) If postponement is requested, state
hearings shall reschedule the hearing at the earliest available time and date
convenient to the assistance group.
(c) The sixty-day time limit for issuing a
decision shall be extended by as many days as the hearing is
postponed.
(B) Postponement shall not affect
continuation of assistance.
(C)
When a request for postponement is denied, the individual or authorized
representative must attend the scheduled hearing or be subject to dismissal as
described in rule
5101:6-5-03 of the
Administrative Code.
(D) The
postponement rights described in paragraphs (A), (B) and (C) of this rule apply
only to the individual, and not to the agency.
(E) The local agency, managed care plan, or
"MyCare Ohio" plan may request one postponement not later than seven days prior
to the hearing. No postponement will be granted if it will prevent state
hearings from issuing the decision within applicable time limits.
Notes
Promulgated Under: 119.03
Statutory Authority: 5101.35, 3125.25
Rule Amplifies: 3125.25, 5160.011, 5101.35
Prior Effective Dates: 09/01/1976, 06/02/1980, 10/01/1981, 02/01/1982, 05/01/1982, 10/01/1982, 01/01/1983, 04/01/1983, 07/01/1983, 07/03/1983, 11/01/1983 (Temp.), 12/01/1983, 03/01/1984 (Temp.), 06/01/1984, 05/01/1985 (Emer.), 07/30/1985, 04/01/1987, 06/01/1993, 10/01/1997 (Emer.), 12/30/1997, 05/15/1999, 06/01/2003, 09/01/2008, 02/16/2012, 02/28/2014, 01/01/2018
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