Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-1 - General Provisions › Section 5101:6-1-01 - State hearings: general

Current through all regulations passed and filed through July 1, 2024
(A) Chapters 5101:6-1 to 5101:6-9 of the
			 Administrative Code describe the hearing and appeal rights and procedures
			 applicable to family services program benefits, pursuant to section
			 5101.35 of the Revised Code,
			 child support services, pursuant to section
			 3125.25 of the Revised Code, and
			 the medicaid program, pursuant to section
			 5160.31 of the Revised
			 Code.
(B) All rules relating to the
			 right to a hearing and limitations on that right shall be liberally construed
			 in favor of the right to a hearing.
(C) When it appears that an individual may
			 not be able to understand or exercise the right to a state hearing due to
			 factors such as limited mental capability or language barriers, the local
			 agency shall assist the individual in naming a responsible party (guardian,
			 relative, legal aid attorney, etc.) to act as authorized representative and
			 receive a copy of notice in addition to the original to the individual. This
			 requirement applies to notice at the time of application and to all subsequent
			 hearing notices. A referral to social services for assistance in naming a
			 responsible party may be appropriate.
(D) In counting the days contained in a
			 timely appeal specified in Chapters 5101:6-1 to 5101:6-9 of the Administrative
			 Code, the date on which the notice was mailed, sent by electronic means, or
			 otherwise provided is not counted.
If the last day 
									for a timely appeal occurs on a
				Saturday, Sunday, or state or federal legal holiday, then the time period is
				extended to include the next workday.
(E) Local agencies may modify the format, but
			 not the content, of state hearing notices mandated in Chapters 5101:6-1 to
			 5101:6-9 of the Administrative Code to accommodate electronic generation of the
			 notice. All such modifications shall be approved by the bureau of state
			 hearings.
(F) Definitions
As used in Chapters 5101:6-1 to 5101:6-9 of the Administrative
				Code, the following terms shall have the following meanings unless otherwise
				specified.
(1) "Agency" shall refer to
			 either the local agency, ODJFS, Ohio department of medicaid or it's
			 designee.
(2) "Appellant" means an
			 individual who is an applicant, participant, former participant, recipient, or
			 former recipient of a family services program and is entitled by federal or
			 state law to a hearing regarding a decision or order of the agency that
			 administers the program.
(3)
			 "Authorized representative" means an individual, eighteen years or older, who
			 stands in the place of the appellant. The authorized representative may include
			 a legal entity assisting in the application process. ODJFS may request proper
			 identification from the authorized representative.
(4) "Benefits" shall refer to benefits under
			 any  of the following programs:
(a) Public assistance.
(i) Refugee resettlement program.
(ii) Disability assistance.
(iii) OWF cash assistance.
(iv) Prevention, retention and contingency
			 (PRC) program.
(v)
			 Medicaid.
(vi) Temporary assistance
			 to needy families (TANF) funded programs administered by local agencies or
			 agents of ODJFS or the CDJFS.
(b) Supplemental nutrition assistance program
			 (SNAP).
(c) Social
			 services.
(d) State and federal
			 adoption assistance programs.
(5) "Day" shall refer to a
			 
									twenty-four-hour calendar day unless otherwise
			 indicated.
(6) "Electronic" has the
			 same meaning as in section
			 1306.01 of the Revised
			 Code.
(7) "Electronic equivalent"
			 means an electronic version of an ODJFS form or application which has not been
			 modified in any way other than format prior to completion and submission of
			 that form to the administrative agency. The administrative agency is not
			 required to accept forms that are materially altered.
(8) "Electronic signature" or "e-sign" has
			 the same meaning as in section
			 1306.01 of the Revised
			 Code.
(9) "Eligibility system"
			 means a computer program determining benefit levels or amounts for individuals
			 or families. Eligibility systems may also generate paper or electronic
			 applications, forms, and notices related to the benefit determination or an
			 action taken on the case of an individual or family.
(10) "Local agency" shall refer to any
			  of the following:
(a) The county department of job and family
			 services (CDJFS), pursuant to section
			 5101.35 of the Revised
			 Code.
(b) The county public
			 children services agency (PCSA), pursuant to section
			 5101.35 of the Revised
			 Code.
(c) The county child support
			 enforcement agency (CSEA), pursuant to section
			 3125.25 of the Revised
			 Code.
(d) A private or government
			 entity administering, in whole or in part, a family services program benefit on
			 behalf of ODJFS, a CDJFS, a PCSA, or as otherwise designated under
			 law.
(11) "Social
			 services" shall refer to any or all of the following:
(a) Learning earning and parenting (LEAP),
			 supportive services, and support services provided to participants in a work
			 activity under the Ohio works first (OWF) program or the SNAP employment and
			 training program.
(b) Publicly
			 funded child care services provided pursuant to Chapter 5101:2-16 of the
			 Administrative Code.
(c) Title XX
			 services provided pursuant to Chapter 5101:2-25 of the Administrative
			 Code.
(12)
									"Virtual" refers to a hearing that is scheduled through
			 an online platform and attended via an online link with a computer or mobile
			 device, or by telephone using an indentification number that is unique to the
			 hearing.