5101:6-10-01 State hearings: hearings for the comprehensive case management and employment program.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Hearings                                                               Michael Lynch

Division                                                                  Contact

 

OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5101:6-10-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              State    hearings:    hearings    for    the    comprehensive    case

management and employment program.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB64                 General Assembly: 131           Sponsor: Ryan Smith

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: Section 305.190 of Am. Sub. HB 64 of the 131st General Assembly

5.  Statute(s) the rule, as filed, amplifies or implements: Section 305.190 of Am. Sub. HB 64 of the 131st General Assembly

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To implement provisions of Sec. 305.190 of Amended Substitute House Bill 64, of

the 131st General Assembly, that was signed into law requiring the administration of the comprehensive case management and employment program.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This new rule outlines the procedures for program participants requesting a hearing and the responsibilities of the lead agency in fulfilling its obligations throughout the hearing process.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more dated references to a federal act or acts. This question is not applicable to any dated incorporation by reference to a federal act because such reference is exempt from compliance with RC 121.71 to 121.74 in accordance with RC 121.75(C).

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each

specific paragraph of the rule that has been modified:

May 27, 2016 - Revise Filing:

This rule is being revised filed to incorporate changes resulting from stakeholder feedback. The changes are intended to clarify the rule and the process relating to requesting a hearing for CCMEP-related services and service terminations.

Specifically:

Paragraph (A) replaces the word "to" to "for", as in being referred for services.

Paragraph (B)(1) removes the reference to 5101:6-1-01 definition of "appellant" and defines "appellant" within the context of this rule.

Paragraph (B)(3) removes definition of "county conference"; adds definition of "exit notice".

Paragraph (B)(4) adds "calendar" to clarify 90 calendar days.

Paragraph (B)(5) removes definition of "informal resolution" and replaced it with new paragraph (B)(6) "informal conference" and defines it within the context of this rule. New paragraph (B)(5) adds the definition of an "individual".

Paragraph (B)(6) definition of "local agency" is moved to paragraph (B)(7). Language is added to clarify a local agency may also be considered a lead agency for the purpose of this rule.

Paragraph (B)(7) "local area" is moved to paragraph (B)(8). Reference to "Section 3(a)(32) of the WIOA" is changed to "Section 3 of the WIOA."

Paragraph (B)(8) "parent" is moved to paragraph (B)(10).

Paragraph (B)(9) "program participant" is removed. New paragraph (B)(9) describes the term "local hearing."

Paragraph (B)(10) "services" is moved to paragraph (B)(11).

Paragraph (C) describes the "written exit notice." Language is changed to standardize the language between this rule and CCMEP rule 5101-14-1-06. Also, language is clarified to explain written exit notice delivery methods.

Paragraph (D) is changed from "grounds for requesting a hearing for CCMEP" to "basis for CCMEP appeals." Paragraph (D)(1) is now new paragraph (D), which states an individual can requests a hearing when the lead agency errs in fulfilling its duties. Language from the previous paragraph (D) is moved to new paragraph (E), which describes the complaint and appeal process for CCMEP. New paragraph (E)(1) changes the acronym TANF to Ohio Works First (OWF). New paragraph (E)(2)clarifies and standardizes the description of the exit notice, which is now defined in paragraph (B)(3).

Paragraph (D)(2) is moved to (E)(2)(a). New paragraph (E)(2)(a) further details how a complaint is filed.

Paragraph (D)(3) is moved to (E)(2)(b).

Paragraph (D)(4) is incorporated into new paragraphs (E)(2)(c) and (E)(2)(d). New paragraph (E)(2)(c) adds the local agency as a party able to request a state hearing. Also, language is clarified to state hearing requests shall be made within 90 calendar days from the date the local hearing decision is issued.

Paragraph (D)(5) is now paragraph (E)(3). New paragraph (E)(3) is changed to incorporate a reference to rule 5101:14-1-06 of the Administrative Code, as well as to standardize use of the term CCMEP exit notice.

Paragraph (E) is now paragraph (F). New paragraph (F) incorporates specific examples of the circumstances when a hearing is denied.

Paragraph (F) is now paragraph (G). New paragraph (G) added in a provision to allow ten calendar days to provide evidence of good cause for requesting a rescheduled hearing.

Paragraph (G) is now paragraph (H). Paragraph (H) is now paragraph (I).

Paragraph (I) is now paragraph (J). New paragraph (J) added the word "calendar" to clarify "10 calendar days" to comply with a compliance order.

Paragraph (J) is now paragraph (K). New paragraph (K)(1)(a) is changed to only require certified mail for the appeal to the Department of Labor and copies be sent to the Employment and Training Regional Administrator and Ohio Department of Job and Family Services, Bureau of State Hearings. In addition, language is changed to clarify process of making an appeal to the Department of Labor. New paragraph (K)(1)(b) changes a reference from "paragraph (L)" to "paragraph (K)(2)."

Paragraph (J)(3) is removed entirely, because it is not necessary after incorporating administrative appeals into the new paragraph (K).

Paragraph (K) is now paragraph (K)(2) to clarify an administrative appeal is also a second level appeal option for appellants. Language is clarified in new paragraph (K)(2)(a) to further explain the administrative appeal process. New paragraph (K)(2)(b) explains appellants may request an administrative appeal if the Department of Labor declines to address an appeal. New paragraph (K)(2)(c) added the word "calendar" to clarify "fifteen calendar days" to request an administrative appeal.

Paragraph (N)(1) through (N)(6) is now identified as paragraph (N)(2) through

(N)(7). New paragraph (N)(1) requires the lead agency to provide hearing rights to individuals. New paragraph (N)(2) requires the lead agency to assist in filing an initial complaint, changes "informal resolution" to "informal conference," and updates references from "paragraphs (D)(2) and (D)(3)" to "paragraphs (E)(2)(a) and (E)(2)(b)." New paragraph (N)(5) clarifies an appeal summary shall be provided at least three business days in advance of the scheduled hearing to both the individual and to the Bureau of State Hearings. New paragraph (N)(6) clarifies compliance is required even if a second level appeal is filed.

Paragraph (O) is removed, as it conflicted with WIOA requirements. New paragraph (N)(7) clarifies the WIOA requirements.

June 13, 2016 # Refile Filing:

Paragraph (B)(1) is changed to make plural the word "purposes."

Paragraph (B)(7) to (B)(11) is now changed to paragraphs (B)(8) to (B)(12). New paragraph (B)(7) introduces a new definition "issued" to describe the manner in which notices are distributed from the department.

Paragraph (C) is deleted, and the language is reworded and combined with new paragraphs (D)(2) and (D)(2)(b).

Paragraph (D) is now paragraph (C). Paragraph (E) is now paragraph (D).

Paragraph (E)(1) is now paragraph (D)(1). New paragraph (D)(1) removes a reference to paragraph (E).

Paragraph (E)(2) is now paragraph (D)(2). The words "complaints and" are removed and the language is clarified.

Paragraph (E)(2)(a) is now paragraph (D)(3)(a). Language was added to require individuals to provide their full name and address and also the name and address of the party whom the complaint is being made.

Paragraph (E)(2)(b) is now paragraph (D)(3)(b).

Paragraph (E)(2)(c) is now paragraph (D)(3)(c). Language is reworded for clarity.

Paragraph (E)(2)(d) is now paragraph (D)(3)(d). A comma is removed between "informal conference" and "or local hearing."

Paragraph (E)(3) is now part of paragraphs (D)(2)(a) and (D)(2)(b). Language in paragraphs (D)(2)(a) and (D)(2)(b) is reworded to differentiate between processing an exit notice and issuing written notices.

Paragraph (F) is now paragraph (E). New paragraphs (E)(1) and (E)(6) were

changed to correct citations within the rule. Paragraph (G) is now paragraph (F).

Paragraph (H) is now paragraph (G). Paragraph (I) is now paragraph (H).

Paragraph (J) is now paragraph (I). New paragraph (I) was changed to allow fifteen days for compliance.

Paragraph (K) is now paragraph (J). Changes in new paragraph (J) clarify the second level appeal process. Language in paragraph (J)(1)(a) is now split between paragraphs (J)(1) and (J)(1)(a). Paragraph (J)(2)(a) has been reworded for clarity, and the subparagraphs are incorporated into paragraph (J)(2)(b). Paragraph (J)(2)(e) is changed to fifteen days (from ten) for achieving compliance.

Paragraph (L) is now paragraph (K). Paragraph (M) is now paragraph (L).

Paragraph (N) is now paragraph (M). References to "lead agency" is changed to "local agency" throughout this paragraph. Paragraph (M)(2) was removed and incorporated into paragraph (M)(1), which requires notices be issued to the individual. New paragraph (M)(2) describes the requirement for local agencies to assist the individual through the informal conference and local hearing. New paragraph (M)(3) describes the requirement for local agencies to assist the individual with initiates the state hearing process. New paragraph (M)(6) clarified the responsibility of the local agency to follow through with compliance even if a second level appeal is filed.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current

biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

This will have no impact on revenues or expenditures.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

No new costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? No

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No