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 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

(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.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/17/2017 and 01/01/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5101.35
Rule Amplifies: 3125.25, 5101.35 , 5160.011
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