reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-14 - State hearings - failure to attend the administrative disqualification hearing

Current through all regulations passed and filed through July 1, 2024
(A) If the accused individual or authorized
			 representative fails, without good cause, to appear at the hearing, the hearing
			 shall still be conducted, without the individual being represented, if:
(1) The bureau of
			 state hearings  has proof of
			 either receipt or refusal to accept delivery of the advance notice of the
			 administrative disqualification hearing provided as required by paragraph (B)
			 of rule
			 5101:6-20-12
			 of the Administrative Code, or
(2)
			 Certified mail delivery of the advance notice of the administrative
			 disqualification hearing, as described in rule
			 5101:6-20-12
			 of the Administrative Code, is returned unclaimed and the ordinary mailing of
			 the advance notice, required by rule
			 5101:6-20-12
			 of the Administrative Code, does not return undelivered.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-15 - State hearings: administrative disqualification hearing procedures

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 provisions apply to the administrative disqualification hearing process:
(1) The accused individual and authorized
			 representative shall be provided access to documents and regulations in
			 accordance with rule
			 5101:6-5-01
			 of the Administrative Code.
(2) The
			 accused individual,
									the authorized
			 representative and the local agency have the right to request the issuance of
			 subpoenas in accordance with rule
			 5101:6-5-01
			 of the Administrative Code.
(3) The
			 local agency may provide transportation to the accused individual in accordance
			 with rule
			 5101:6-5-01
			 of the Administrative Code.
(4) The
			 time and place of the administrative disqualification hearing shall be in
			 accordance with rule
			 5101:6-6-01
			 of the Administrative Code.
(5) The
			 accused individual is entitled to one postponement of the scheduled hearing.
(a) The request for postponement
			 shall be
			 received by the bureau of state hearings
			  at least ten
			  days prior to the date of the
			 scheduled hearing.
(b) The hearing
			 shall not be postponed for more than thirty days.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-16 - State hearings: administrative disqualification hearing decisions

Current through all regulations passed and filed through July 1, 2024
(A)
								The bureau of
			 state hearings is responsible for preparing and issuing administrative
			 disqualification hearing decisions under the authority of the director of the
			 Ohio department of job and family services (ODJFS). The bureau of state
			 hearings shall designate hearing authorities to review the findings,
			 conclusions, and recommendations of the hearing officers and to issue decisions
			 under the authority of the ODJFS director.
(1)
			 No person designated as the hearing authority
			 shall have previously participated in the local agency decision being appealed,
			 nor shall the hearing authority and the hearing officer who conducted the
			 hearing be the same person.
(2)
			 Administrative disqualification hearing decisions shall be issued within ninety
			 days of the mailing date of the JFS 04061 "Notice to Appear for an
			 Administrative Disqualification Hearing" (rev. 1/2015
									)
			 or its computer-generated equivalent.
			 The JFS 04061 form is generated in the hearings and
			 appeals tracking system (HATS X).
(3) If the hearing was postponed, under the
			 provisions of rule
			 5101:6-20-15
			 of the Administrative Code, the ninety-day time limit shall be extended by as
			 many days as the hearing was postponed.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-17 - State hearings: implementation of the administrative disqualification hearing decision

Current through all regulations passed and filed through July 1, 2024
(A) Disqualification
(1) When the hearing decision finds that the
			 accused individual has committed an intentional
			 program violation, he or she shall be disqualified in accordance with rule
			 5101:6-20-03
			 of the Administrative Code.
(2)
			 Prior to implementing the disqualification, the local agency shall provide the
			 individual the JFS 04062 "Notice of Disqualification for
			 Intentional Program Violation" (rev. 1/2015)
			 or its computer-generated equivalent, in
			 accordance with rule
			 5101:6-20-18
			 of the Administrative Code.
(3) The
			 disqualification period shall be implemented as follows:
(a) 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.
(b) For
			 supplemental nutrition assistance program (SNAP), the
			 period shall begin with the first month which follows the date the JFS 04062 is
			 mailed.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-18 - State hearings: notice of disqualification for an intentional program violation

Current through all regulations passed and filed through July 1, 2024
(A) The local agency shall provide an
			 individual found to have committed an intentional
			 program violation a written notice of disqualification.
(1) If more than one member of an assistance
			 group is to be disqualified, a separate disqualification notice shall be
			 provided to each individual.
(2) A
			 copy of the disqualification notice shall also be sent to
			 the bureau of state hearings and to the
			 appropriate fraud control specialist.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-19 - Opportunity for appeal of an administrative disqualification

Current through all regulations passed and filed through July 1, 2024
(A) No further administrative appeal
			 procedures exist after an adverse administrative disqualification hearing
			 decision, or after the individual waives the
			 right to an administrative disqualification hearing and a disqualification
			 penalty has been imposed.
(B) The
			 disqualification penalty cannot be changed by a subsequent state hearing
			 decision.
(C) Individuals who
			 disagree with an administrative disqualification hearing decision have the
			 right to appeal that decision to the court of common pleas, in accordance with
			 rule 5101:6-9-01 of the
			 Administrative Code.
(D) If the
			 determination of intentional program violation (IPV) is reversed by a court, the local agency shall
			 reinstate the individual in the program(s) from which he or she was
			 disqualified, if otherwise eligible, and shall restore benefits that were lost
			 as a result of disqualification. Compliance with these decisions shall be
			 monitored by the bureau of state hearings.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-30 - State hearings: waiver of administrative disqualification hearing

Current through all regulations passed and filed through July 1, 2024
(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)
									The bureau of
			 state hearings shall also provide the notice along with the advance
			 notice of the administrative disqualification hearing.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-40 - State hearings: disqualification consent agreement

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-20 - Administrative Violations › Section 5101:6-20-50 - State hearings: disqualification from the supplemental nutrition assistance program (SNAP) based on court action

Current through all regulations passed and filed through July 1, 2024
(A) If a court finds that an individual
			 committed an intentional program violation, the local agency shall disqualify
			 the individual in accordance with the court order.
(B) 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)
			 or its computer-generated equivalent, in
			 accordance with rule
			 5101:6-20-18
			 of the Administrative Code.
(C) If
			 the court fails to impose a disqualification or a disqualification period, the
			 local agency shall impose a disqualification period, in accordance with rule
			 5101:6-20-03
			 of the Administrative Code, unless contrary to the court order.
(D) If the court orders disqualification but
			 fails to specify a date for initiating the disqualification period, the period
			 shall begin within forty-five days of the date of the court order.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-50 - Revised Code Chapter 119 Hearings › Section 5101:6-50-01 - Chapter 119. hearings: definitions and scope of applicability

Current through all regulations passed and filed through July 1, 2024
(A) The following definitions apply to rules
			 5101:6-50-01 to
			 5101:6-50-09 of the
			 Administrative Code.
(1) "Affected party"
			 means a person whose interests are subject to an adjudication by ODJFS,
			 including providers and licensees.
(2) "Appellant" means an affected party who
			 has requested an adjudication hearing pursuant to Chapter 119. of the Revised
			 Code.
(3) "Contract" means any
			 agreement through which ODJFS purchases goods or services from a
			 vendor.
(4) "Department" means the
			 Ohio department of job and family services.
(5) "Depository agent" means the office of
			 legal and acquisition services of ODJFS and its official mailing address for
			 the purpose of receiving correspondence or filings for any hearing held under
			 authority of Chapter 5101:6-50 of the Administrative Code.
(6) "Director" means the director of ODJFS or
			 the director's designee.
(7)
			 "Grant" means an award of funds by ODJFS to a public agency or private
			 nonprofit corporation that does not include the purchase or lease of services,
			 materials, or supplies for ODJFS.
(8) "Hearing" means a hearing held by ODJFS
			 in compliance with sections
			 119.06 to
			 119.13 of the Revised
			 Code.
(9) "Last known address"
			 means the most recent mailing address reported to ODJFS by the person in
			 compliance with requirements to provide the person's address.
(10) "License" means any license, permit,
			 certificate, commission, or charter issued by ODJFS. License does not include
			 any arrangement whereby a person, institution, or entity furnishes medicaid
			 services under a provider agreement with ODJFS.
(11) "Licensee" means any person,
			 institution, or entity, governmental or nongovernmental, that furnishes
			 services under a license issued by ODJFS pursuant to statute.
(12) "ODJFS" means the Ohio department of job
			 and family services.
(13) "Order"
			 means any final adjudication of facts, issues, or amounts in controversy in any
			 hearing conducted under the authority of Chapter 5101:6-50 of the
			 Administrative Code before ODJFS and any final disposition or directive of the
			 director regarding the rights, duties, privileges, benefits, legal
			 relationships, jurisdictional status, or standing of any affected party or
			 appellant.
(14) "Person" means an
			 individual, a firm, a corporation, an association, an institution, a
			 partnership, or an entity.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-50 - Revised Code Chapter 119 Hearings › Section 5101:6-50-03 - Chapter 119. hearings: notice and requesting a hearing

Current through all regulations passed and filed through July 1, 2024
(A) Written notice of intended action.
(1) Whenever ODJFS
			 proposes to take an action that the Ohio general assembly has expressly made
			 subject to the administrative adjudication procedure outlined in Chapter 119.
			 of the Revised Code, ODJFS is to give notice of the intended action to the
			 affected party informing the affected party of the affected party's right to a
			 hearing. Notice is to be given by registered mail, return receipt
			 requested, and  at a minimum, include
			 all of the following:
(a) The specific action
			 or actions ODJFS intends to take;
(b) The charges or other reasons for the
			 proposed action or actions;
(c) The
			 statute or rule directly involved;
(d) A statement informing the affected party
			 that the affected party is entitled to a hearing if the affected party requests
			 it within thirty days of the time of mailing the notice;
(e) A statement informing the affected party
			 that at the hearing the affected party may appear in person or through an
			 attorney;
(f) A statement informing
			 the affected party that the affected party or the affected party's attorney may
			 present the affected party's position, arguments or contentions entirely in
			 writing, and that at the hearing the affected party or the affected party's
			 attorney may present evidence and examine witnesses appearing for and against
			 the affected party; and
(g) A
			 statement informing the affected party that rules governing hearings in
			 accordance with Chapter 119. of the Revised Code are found in Chapter 5101:6-50
			 of the Administrative Code.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-50 - Revised Code Chapter 119 Hearings › Section 5101:6-50-05 - Chapter 119. hearings: appointment and powers of a hearing examiner and rules of practice

Current through all regulations passed and filed through July 1, 2024
(A)
			 Initial scheduling of the hearing
(1) When an
			 affected party timely requests a hearing, ODJFS will set the date, time, and
			 place for the hearing and notify the appellant of the scheduling. ODJFS will
			 initially schedule the hearing not earlier than seven calendar days but not
			 later than fifteen days after the hearing was requested. The first notification
			 concerning a scheduled hearing will be written and sent by registered mail,
			 return receipt requested. All subsequent letters and notices will be sent by
			 ordinary mail.
(2) Nothing in this
			 rule is
			 to be construed so as to prevent ODJFS from postponing and rescheduling
			 any hearing upon its own motion or upon the motion of any appellant who can
			 show good cause for such a request.
(3) Nothing in this rule
			 is to be
			 construed from preventing ODJFS and the appellant from entering into a written
			 agreement establishing the time, date, and place of the hearing.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-50 - Revised Code Chapter 119 Hearings › Section 5101:6-50-07 - Chapter 119. hearings: discovery

Current through all regulations passed and filed through July 1, 2024
(A) Hearing examiner may allow pre-hearing
			 discovery.
(1)
			 As a part of the authority to conduct the hearing, and except as provided in
			 paragraph (B) of this rule, the hearing examiner may allow pre-hearing
			 discovery of any matter that is not privileged or confidential and is relevant
			 to the subject matter of the proceeding, provided that such discovery is
			 necessary to facilitate the thorough and adequate preparation of the hearing.
			 The participants to any hearing governed by this chapter may also conduct
			 prehearing discovery by mutually agreeable methods or by stipulations subject
			 to approval by the hearing examiner. When a method of pre-hearing discovery is
			 permitted, it is to be conducted in accordance with the Ohio Rules
			 of Civil Procedure (7/1/2023) unless the hearing examiner orders
			 otherwise, and except as modified by paragraph (B) of this rule. Use of
			 discovered material at any hearing is to also be
			 governed by the Ohio Rules of Civil Procedure.
(2) When permitted pursuant to this rule,
			 pre-hearing discovery may begin immediately after a hearing request is timely
			 made, and  be completed before the
			 actual commencement of the hearing. The hearing examiner may limit the length
			 of the time allowed for discovery and may shorten the time allowed for response
			 to discovery requests. Pre-hearing discovery may be obtained through use of
			 interrogatories, requests for the production of documents, permission to enter
			 upon land or other property, depositions, and requests for
			 admissions.
(3) Nothing in this
			 rule prohibits an appellant or ODJFS from gaining access to any information
			 made public by the operation of state law.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-50 - Revised Code Chapter 119 Hearings › Section 5101:6-50-09 - Chapter 119. hearings: conduct of the hearing and adjudication order

Current through all regulations passed and filed through July 1, 2024
(A) Conduct of the
			 hearing.
(1) The date, time, and place of any
			 hearing before ODJFS is set by ODJFS or the hearing examiner. The hearing
			 examiner is to provide written or electronic notice before the date of the
			 hearing to all participants in the hearing and file a copy of the written
			 notice with the depository agent. Hearings are to be scheduled in accordance
			 with the following requirements.
(a) All
			 hearings are to be conducted during normal business hours unless other times
			 are authorized by the director.
(b)
			 All hearings will be conducted virtually unless objected to by either of the
			 parties or if the hearing examiner, after hearing arguments from both parties,
			 determines the hearing should be conducted in
			 person. If so determined, the hearing is to be conducted in Columbus.
(c) Once begun, any hearing normally
			 continues day to day until completed, unless continued by the hearing officer
			 for good cause shown.
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-51 - Hearings for recovery of ovrpayments › Section 5101:6-51-02 - Chapter 119. hearings conducted under authority of section 5111.914 of the Revised Code: notice of overpayment, negotiation of settlement, terms of settlement, referral to the attorney general for collection, and repayment

Current through all regulations passed and filed through July 1, 2024
Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-51 - Hearings for recovery of ovrpayments › Section 5101:6-51-05 - Chapter 119. hearings conducted under authority of section 5111.914 of the Revised Code: appointment and powers of a hearing examiner and rules of practice

Current through all regulations passed and filed through July 1, 2024
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-02 - County cost structures

Current through all regulations passed and
			 filed through July 1, 2024
(A) The Ohio department of job and family
			 services (ODJFS) allocates costs in accordance with the ODJFS federally
			 approved cost allocation plan (CAP). This quarterly plan
			 is submitted to the United States department of health and human services and
			 defines the method used by ODJFS to distribute and report costs to the various
			 job and family services programs Ohio administers. Costs are placed in one of
			 the seven
			 cost categories in paragraph (B) of this rule based on the activity to
			 which they relate. Costs of similar functions in like circumstances must be
			 treated consistently in making this assignment. General cost principles based
			 on 2 C.F.R. part 200 are found in rule 5101:9-1-18 of the Administrative Code.
(B) The following cost structures are
			 contained in the ODJFS CAP and must be used by the county family services
			 agency for state and federal reporting purposes. Each county agency shall
			 consistently apply costs within at least one of the following
			 seven cost
			 structures based on the activity performed:
(1) Income maintenance cost category includes
			 direct income maintenance and income maintenance related costs. In a county
			 department of job and family services (CDJFS) that does not have staff who work
			 solely on Workforce Innovation and Opportunity Act
			 (WIOA) activities, this cost category may also include
			 WIOA
			 costs.
(2) Social services cost
			 category includes direct social services and social services related costs. In
			 a CDJFS that does not have staff who work solely on WIOA activities,
			 this cost category may also include WIOA costs.
(3) Child support cost category includes
			 direct child support costs and child support administrative costs.
(4)
									WIOA cost category
			 includes direct WIOA and 
									WIOA related costs when staff work solely on
			 
									WIOA
			 program activities.
(5)
									Child welfare cost category includes direct child
			 welfare costs and child welfare administrative costs. In a combined agency,
			 these costs will be included in paragraph (B) (2) of this rule.
(6)
			 ODJFS acknowledged CDJFS function/program cost category includes direct or
			 shared ODJFS acknowledged CDJFS function/program costs of programs assigned by
			 the county board of county commissioners to be administered by the county
			 agency.
(7) Shared cost
			 category.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-03 - Direct costs

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								In accordance
			 with the Ohio department of job and family services (ODJFS) federally approved
			 cost allocation plan, "direct costs" are costs that:
(1)
									Benefit two or
			 more state or federal programs in proportions that can be determined without
			 undue effort or cost and the cost must be allocated to the programs based on
			 the proportional benefit;
(2)
									May not be charged to a federal or state program as a
			 direct cost if any other cost incurred for the same purpose in like
			 circumstances has been charged as an indirect cost;
(3)
									Are excluded from
			 all cost pools; and
(4)
									Include dedicated workers to a state or federal program
			 and the workers do not participate in the random moment sample time
			 study.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-04 - Administrative costs

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								The Ohio department of job and family services (ODJFS)
			 allocates costs in accordance with the ODJFS federally approved cost allocation
			 plan (CAP). This quarterly plan is submitted to the United States department of
			 health and human services (HHS) and defines the method used by ODJFS to
			 distribute and report administrative costs to the various job and family
			 services programs Ohio administers. Costs are placed in a cost category
			 described in rule
			 5101:9-1-02 of the
			 Administrative Code. Costs of similar functions in like circumstances must be
			 treated consistently in making assignment to one of the cost categories.
General cost principles are based on 2
				C.F.R. part 200 found in rule
				5101:9-1-18 of the
				Administrative Code.
(B)
								Definitions:
(1)
									Administrative costs are costs that benefit more than
			 one federal program, and are:
(a)
										Not readily assignable without effort disproportionate
			 to the results achieved to a specific program or specific program cost
			 pool.
(b)
										Determined to be allowable as outlined in rule
			 5101:9-1-18 of the
			 Administrative Code.
(c)
										Costs which accumulate and allocate to open federal
			 grants that are not in liquidation.
(d)
										Costs associated
			 with direct casework activity are measured and allocated to federal funding
			 programs through the random moment sample (RMS) time study as described in
			 rules 5101:9-7-20 and
			 5101:9-7-23 of the
			 Administrative Code.
(e)
										Also known as indirect codes, cost pool costs,
			 operating costs, and cost objectives.
(f)
										Do not include
			 costs that can be directly assigned to a specific program.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-05 - Allocation of shared costs

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								Definition.
Shared costs are indirect costs
				incurred for a common purpose that benefit two or more major program areas of
				the Ohio department of job and family services (ODJFS) acknowledged cost
				structures outlined in paragraph (B) of rule
				5101:9-1-02
				of the Administrative Code. Shared costs are:
(1)
									Not readily
			 assignable without effort disproportionate to the results achieved to a
			 specific program or specific program cost pool.
(2)
									Determined to be
			 allowable as outlined in rule 5101:9-1-18 of the Administrative
			 Code.
(3)
									Shared costs are reported in the shared cost
			 pool.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-10 - Countywide central service costs

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 "Countywide central service costs" are allowable costs of services provided by
			 a governmental unit on a centralized basis to its departments and agencies.
			 Countywide central service costs include costs that are incurred by other
			 county agencies such as the county auditor, county prosecutor, or county
			 treasurer, for the benefit of the county family services agency, and the cost
			 of other central services allocated to the county family services agency.
			 Countywide central service costs fall into one of the two following categories:
(1) "Billed central services" means central
			 services that are billed to benefitting agencies and/ or programs on an
			 individual fee for service or similar basis.
(2) "Allocated central services" means
			 central services that benefit agencies but are not billed to the agencies on a
			 fee for service or similar basis.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-16 - County organizational structure and family services duties

Current through all regulations passed and filed through July 1,
			 2024
(A)
								The Ohio department of job and family services (ODJFS)
			 currently recognizes, the following county family services agency (CFSA)
			 organizational structures as designated by the board of county commissioners
			 (BOCC), in accordance with sections
			 307.981 and
			 329.40 of the Revised
			 Code:
(1)
									County department of job and family services
			 (CDJFS);
(2)
									Child support enforcement agency
			 (CSEA);
(3)
									Public children services agency (PCSA);
(4)
									Any combination
			 of a CDJFS and one or more county organizational structures included in this
			 paragraph; or
(5)
									A joint county CDJFS as outlined in this rule.
The BOCC has designated each agency as
				a county family services agency (CFSA) that carries out family services duties
				as defined in section
				307.981 of the Revised Code.
				Family services duties do not include activities funded by the United States
				department of labor.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-1 - Performance Standards › Section 5101:9-1-18 - Federal grant cost principles for county family services agency (CFSA) and Workforce Innovation and Opportunity Act (WIOA) local areas

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Cost principles, as outlined in 2 C.F.R. 200 subpart E,
			 communicate the general criteria to determine when a cost is allowable to claim
			 as a direct or an allocable indirect cost to a federal grant. The following
			 basic criteria assists in determining allowable costs. For more detailed
			 information go to
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E
.
(1)
									Reasonable:
(a)
										The cost amount does not exceed that which would be
			 incurred by a prudent person under similar circumstances; and
(b)
										The cost is
			 comparable to prices for goods or services within the geographic
			 area.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-2 - Civil Rights Requirements and Workforce Complaint Process › Section 5101:9-2-01 - Civil rights plan

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Definitions used in this rule.
(1)
			 "Beneficiaries" means applicants, recipients, and potential applicants and
			 recipients of services, assistance, and other benefits administered by the
			 county agency or county agency contractors.
(2) "County Agency" means the county
			 department of job and family services, the public children services agency, and
			 the child support enforcement agency.
(3) "County Agency Contractor" means any
			 governmental or non-governmental entity that receives funds from the county
			 agency, whether directly or indirectly, to provide services, assistance, or
			 benefits to individuals or that performs duties or activities for the county
			 agency pursuant to a contract, grant, or other agreement.
(4) "Limited English Proficiency" (LEP) means
			 any person or group of persons who cannot speak, read, write or understand the
			 English language at a level that allows them to meaningfully communicate with
			 county agencies or county agency contractors.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-2 - Civil Rights Requirements and Workforce Complaint Process › Section 5101:9-2-02 - The Americans with Disabilities Act

Current through all
			 regulations passed and filed through July 1, 2024
(A) How do the  Americans with
			 Disabilities Act Amendments
Act (ADAAA)
				(hereinafter referred to as ADA),
				42 U.S.C. section
				12101 (as in effect on 2/25/2020) and
				section 504 of the Rehabilitation Act (2008),
				29 U.S.C. section
				701 (as in effect on 2/25/2020), apply
				to programs supervised by the Ohio department of job and family services
				(ODJFS)?
Each county department of job and family services (CDJFS) is
				required to:
(1) Provide an individual
			 with a disability with an equal opportunity to benefit from all programs,
			 services, and activities offered by the CDJFS.
(2) Relocate programs or otherwise provide
			 access in inaccessible older buildings, and communicate effectively with
			 individuals who are deaf, hard of hearing, blind, low
			 vision or who have speech disabilities.
(3) Make reasonable modifications to local
			 policies, practices, and procedures where necessary to avoid discrimination,
			 unless doing so would fundamentally alter the nature of the service, program,
			 or activity being provided.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-2 - Civil Rights Requirements and Workforce Complaint Process › Section 5101:9-2-03 - Workforce Innovation and Opportunity Act (WIOA): programmatic complaints

Current through all regulations passed and filed through July 1,
			 2024
(A) Definitions as
			 used in this rule.
(1) "Beneficiaries" means
			 applicants, registrants, participants, recipients, subrecipients, service
			 providers, labor unions, joint labor management committees, and community-based
			 organizations for services, assistance, and other benefits administered by
			 local workforce development areas.
(2) "Service provider" refers to entities and
			 individuals providing services directly to WIOA participants, such as approved
			 educational institutions and those providing skill training to WIOA
			 participants/applicants. Service provider does not include an unsuccessful
			 bidder on a contract to provide software or other services directly to the
			 local workforce development area, as these types of contract disputes are
			 subject to government procurement requirements and the contract protest
			 process.
(3) "Local workforce
			 development area" has the same meaning as "local area," which is
			 defined in WIOA section 3(32) as a local workforce development area designated
			 under WIOA section 106.
(4) "Local
			 workforce development area contractor" means any governmental or
			 non-governmental entity that receives funds from the local workforce
			 development area, whether directly or indirectly, to provide WIOA-funded
			 services, assistance, or benefits to individuals or that performs duties or
			 activities for the local workforce development area pursuant to a contract,
			 grant, or other agreement.
(5)
			 "Days,"
			 wherever used in this rule, shall mean calendar days, unless otherwise
			 expressly stated.
(6) "Informal
			 conference" means a meeting facilitated by the local workforce development
			 area, during which the facts and circumstances attending a complaint are
			 examined, in an effort to informally resolve the complaint.
(7) "Local hearing" means a quasi-judicial
			 forum convened and presided over by the local agency hearing officer.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-2 - Civil Rights Requirements and Workforce Complaint Process › Section 5101:9-2-05 - Workforce Innovation and Opportunity Act (WIOA): discrimination complaints

Current through all regulations passed and
			 filed through July 1, 2024
(A) Definitions as used in this rule.
(1) "Beneficiaries" means applicants,
			 registrants, participants, recipients, subrecipients, service providers, labor
			 unions, joint labor unions, joint labor management committees, and
			 community-based organizations for services, assistance, and other benefits
			 administered by local workforce development areas.
(2) "Local workforce development area" has
			 the same meaning as "local area," which is defined in WIOA section 3(32) as a
			 local workforce development area designated under WIOA section 106.
(3) "Local workforce development area
			 contractor" means any governmental or non-governmental entity that receives
			 funds from the local workforce development area, whether directly or
			 indirectly, to provide WIOA-funded services, assistance, or benefits to
			 individuals or that performs duties or activities for the local workforce
			 development area pursuant to a contract, grant, or other agreement.
(4) "Limited English
			 Proficiency" means any person or group of persons who
			 cannot speak, read, write, or understand the English language at a level that
			 allows the person or group of persons to meaningfully communicate with local
			 workforce development areas or local workforce development area
			 contractors.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-02 - Standards for acquisition

Current through all regulations passed
			 and filed through July 1, 2024
(A) Federal and state acquisition
			 requirements
(1)For
			 the purpose of this rule, acquisition is defined as purchases of services,
			 supplies and equipment funded by state or federal funds received from the Ohio
			 department of job and family services (ODJFS).
(2) Each county family
			 services agency (CFSA) and 
									Workforce Innovation and
			 Opportunity Act (WIOA) local area shall ensure that all
			 acqusitions meet
			 applicable federal and state statutes, regulations, rules, and 2 C.F.R. 200 and
			 45 C.F.R. 75. These requirements include, but are not limited to, Chapter 125.
			 of the Revised Code, this chapter, and:
(a)29
			 C.F.R. 95 when not-for-profit organizations expend department of labor (DOL)
			 funds; and
(b)29 C.F.R. 97 when
			 governments expend DOL funds;
(3) This chapter
			 contains a number of provisions from the applicable federal rules, but not all
			 such provisions.
(4)
									For the purpose of this rule, acquisition is defined as
			 charges made by a CFSA or WIOA local area to a project or program for which a
			 state or federal award was received.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-04 - County written standards of conduct

Current through all
			 regulations passed and filed through July 1, 2024
(A) Each county family services agency (CFSA)
			 and Workforce Innovation and Opportunity Act (WIOA) local
			 area shall maintain written standards of conduct covering conflicts of
			 interest and governing the performance of their officers and employees engaged
			 in awarding, recommending, approving, monitoring, administering contracts,
			 other purchases of goods and services, and sub-awards. The
			 CFSA and WIOA
			 local area are responsible for the conduct of agents who are not CFSA and
			 WIOA local area
			 employees. For the purpose of this rule, an "agent" is anyone that is
			 acting on behalf of an agency in awarding, recommending, approving, monitoring,
			 administering contracts, other purchases of goods and services, and
			 sub-awards. The CFSA and WIOA local area
			 shall also ensure that this code governs the conduct of such agents.
(B) The CFSA and WIOA local area
			 shall provide a copy of the written standards of conduct to each employee or
			 agent engaged in awarding or administering contracts and shall ensure that such
			 employees and agents receive sufficient training to understand how to apply the
			 written standards of conduct.
(C)
			 The CFSA's and WIOA local area's written standards of conduct shall
			 at a minimum comply with the following federal and state requirements:
(1) All provisions included in
			 2 C.F.R.
			 200.318,
			 2 C.F.R.
			 400.2(b),
			 29
			 C.F.R. 97.36(b)(3), and
			 45 C.F.R.
			 75.327(c); and
(2) Chapter 102. and sections
			 187.01,
			 2921.42,
			 and
			 2921.43
			 of the Revised Code.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-07 - Procurement and contract requirements

Current through all
			 regulations passed and filed through July 1, 2024
(A) General purpose and applicability
(1) County family services agencies (CFSAs)
			 and Workforce Innovation and Opportunity Act (WIOA) local areas may enter into
			 procurement contracts to acquire goods and services for the administration of a
			 federal program. Where applicable, WIOA local areas shall include workforce
			 development boards (WDB). CFSAs and WIOA local areas follow procurement
			 standards established in
			 2 C.F.R.
			 200.317 to
			 200.327.
			 Specific methods of procurement are outlined in rule 5101:9-4-07.1 of the
			 Administrative Code.
(2) Subgrant
			 agreements as outlined in rule
			 5101:9-4-88
			 of the Administrative Code funded in whole or in part with federal funds do not
			 represent acquisitions and are not subject to the requirements contained in
			 this rule provided that such relationships are documented between the entities.
			 CFSAs and WIOA local areas shall inform sub-grantees of applicable procurement
			 requirements in any contract or other applicable types of agreements used in
			 awarding the contract or grant.
(3)
			 Unless applicable local requirements are more restrictive, acquisitions that
			 are made in whole or in part with federal funds, including instances where
			 state or county funds are used as a match for state/federal funds, CFSAs and
			 WIOA local areas shall procure pursuant to rule
			 5101:9-4-02
			 of the Administrative Code and the federal requirements set forth in this rule.
(a) Pursuant to division (D) of section
			 307.86
			 of the Revised Code, acquisitions made under section
			 329.04
			 of the Revised Code are exempt from state competitive bidding requirements.
			 However, acquisitions made under section
			 307.86
			 of the Revised Code are not exempt from applicable federal requirements,
			 including those referenced in this rule.
(b) Acquisitions listed that are procured
			 with federal block grants authorized by the Omnibus Budget Reconciliation Act
			 of 1981 and the "Child Care and Development Block Grant of 1990," as amended,
			 are excluded from the requirements of this rule. However, CFSAs and WIOA local
			 areas shall adhere to requirements contained in rule
			 5101:9-4-02
			 of the Administrative Code and local standards of acquisition.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-07.1 - Procurement methods

Current through all regulations passed and
			 filed through July 1, 2024
(A) General purpose
Unless applicable local requirements are more restrictive,
				county family services agencies (CFSAs) and local Workforce Innovation and
				Opportunity Act (WIOA) areas shall use one of the following procurement methods
				when acquiring goods and/ or services paid for in whole or part with federal
				funds.
(B)
								Informal
								procurement methods
Informal procurement methods are used
				when the value of the purchase does not exceed the lower of the local small
				purchase threshold or the federal small purchase threshold as set by 48 C.F.R.
				subpart 2.1.
(1) Micro-purchases
(a) CFSAs or local WIOA areas may acquire by
			 micro-purchase any supplies or services in which the aggregate dollar amount
			 does not exceed the micro-purchase threshold as set by the federal acquisition
			 regulation at 48 C.F.R. subpart 2.1.
(b) Micro purchases may be awarded without
			 soliciting quotes for acquisitions of supplies or services if:
(i) Price is considered reasonable
			 based on research, experience, purchase history or
			 other information and documents; and
(ii) To the extent practical, micro-purchases
			 are distributed equitably among qualified suppliers.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-09 - Title IV-E direct contract costs

Current through all regulations
			 passed and filed through July 1, 2024
(A) A public children services agency (PCSA)
			 may claim costs for contractually purchased services incurred for allowable
			 Title IV-E activities. Unlike other Title IV-E administration and training
			 costs, which are claimed via random moment sample time study and calculated
			 through a cost pool, Title IV-E contract costs are claimed as direct costs. All
			 contract costs are established prior to contract execution.
A PCSA shall report the following types of Title IV-E contract
				costs as direct costs:
(1)
			 Recruitment, home study and certification of
			 persons desiring to be foster parents;
(2) Recruitment, home study, and supervision of persons desiring to be
			 adoptive parents;
(3) Training of
			 PCSA staff and short-term training of current or prospective foster or adoptive
			 parents to include costs associated with providing,
			 securing and procuring training. Excludes reimbursement of foster caregiver
			 stipend payments;
(4)
			 Transportation of foster children (transportation of foster children is limited
			 to transportation provided by those other than foster parents;
(5) Contracted services for
			 Title IV-E administration activities i.e.
			 eligibility determination/redetermination etc;
(6) Services of a prosecutor or private
			 counsel;
(7)
									Other allowable Title IV-E contracts and purchased
			 services costs for foster children; and
(8)
									Other allowable
			 Title IV-E contracts and purchased services costs for adoptive
			 children.
Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-4 - Acquistion and Procurement › Section 5101:9-4-10 - Capital asset reimbursement methods for county family services agencies (CFSA) and Workforce Innovation and Opportunity Act (WIOA) areas

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Definitions:
(1)
									"Acquisition" means the cost of a capital asset that
			 includes the cost to ready the asset for its intended use.
(2)
									"Capital Asset"
			 means:
(a)
										An
			 acquisition that has a useful life of more than one year and the purchase price
			 that equals or exceeds the lesser of the capitalization level threshold
			 established at the local level or five thousand dollars; and
(b)
										Tangible or
			 intangible assets used in operations; capital assets include:
(i)
											Land, buildings
			 (facilities), equipment, and intellectual property, including software, whether
			 acquired by purchase, construction, manufacture, lease-purchase, exchange, or
			 through capital leases; and
(ii)
											Additions,
			 improvements, modifications, replacements, rearrangements, installations,
			 renovations or alterations to capital assets that materially increase their
			 value or useful life, not ordinary repairs and maintenance.
(3)
									"Capitalization" means the acquisition cost of a
			 capital asset that is expensed over the useful life of the asset by means of
			 depreciation.
(4)
									"Depreciation" means the method of expensing the
			 acquisition cost of a capital asset to periods that benefit from the use of the
			 asset.
(5)
									"Direct Charge" means the method of expensing the
			 acquisition cost of a capital asset to a federal program during the accounting
			 period the asset was purchased.