Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-5 - Pre-Hearing Procedures; Postponement, Denial, or Dismissal of Hearing › Section 5101:6-5-03 - State hearings: denial and dismissal of state hearing requests

Current through all regulations passed and filed through July 1, 2024
(A) The local agency shall not deny or
			 dismiss any request for a state hearing. All requests shall be sent to the
			 bureau of state hearings, in accordance with rule
			 5101:6-5-01 of the
			 Administrative Code.
(B) When a
			 state hearing request is denied or dismissed, the individual and authorized
			 representative shall be provided written notice describing the denial or
			 dismissal, with a copy to the local agency.
When a hearing request involves multiple issues, and when the
				appellant withdraws his or her request with regard to some but not all of the
				issues under appeal, notice of dismissal of the withdrawn appeals may be
				included in the JFS 04005 "State Hearing Decision"  rather than provided via separate
				notice.
When the hearing request involves one of the medical
				determination issues listed in paragraph (C)(2) of rule
				5101:6-6-01 of the
				Administrative Code, a copy of the notice shall be sent to the appropriate
				medical determination unit.
When the hearing request involves a managed care plan or
				"MyCare Ohio" plan, copies of the notice shall be sent to the managed care plan
				or "MyCare Ohio" plan and to the unit within the Ohio department of medicaid
				(ODM) administering the medicaid managed care programs.
(C) Except as provided in paragraph (D)(1) of
			 this rule, a state hearing request may only be denied prior to the mailing of
			 the JFS 04002 " Notice to Appear for a Scheduled Hearing," 
			 and only for the following reasons:
(1) The
			 request is untimely, as defined by rule
			 5101:6-3-02 of the
			 Administrative Code.
If the request indicates that proper notice was not received,
				the request shall be accepted and the issue of timeliness shall be determined
				as a preliminary matter at the hearing.
(2) The request was not made by the
			 individual or authorized representative, or written authorization specifically
			 designating the person making the request to act on the individual's behalf was
			 not submitted with the request.
Such a denial must be consistent with the provisions of rule
				5101:6-3-02 of the
				Administrative Code.
(3)
			 The request concerns an issue that is not appealable under the provisions of
			 rule 5101:6-3-01 of the
			 Administrative Code.
If the issue as stated in the request is unclear, the bureau of
				state hearings shall request clarification from the individual.
(4) The sole issue of the request
			 is a change in state or federal law, or local agency policy adopted pursuant to
			 options authorized in state law, that requires automatic adjustments of
			 benefits for classes of recipients, unless the reason for the request is the
			 misapplication of the change to the appellant's individual
			 circumstances.
(5) The request
			 concerns the placement of the assistance group for 
									the
			 supplemental nutrition assistance program (SNAP) on an alternate issuance
			 system or the length of time the assistance group remains on this
			 system.
(6) It is clear that the
			 issue has been previously decided through the state hearing process.