2006 Ohio Revised Code - 5107.05. Rules to implement chapter.

§ 5107.05. Rules to implement chapter.
 

The director of job and family services shall adopt rules to implement this chapter. The rules shall be consistent with Title IV-A, Title IV-D, federal regulations, state law, the Title IV-A state plan submitted to the United States secretary of health and human services under section 5101.80 of the Revised Code, amendments to the plan, and waivers granted by the United States secretary. Rules governing eligibility, program participation, and other applicant and participant requirements shall be adopted in accordance with Chapter 119. of the Revised Code. Rules governing financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code. 

(A) The rules shall specify, establish, or govern all of the following: 

(1) A payment standard for Ohio works first based on federal and state appropriations; 

(2) The method of determining the amount of cash assistance an assistance group receives under Ohio works first; 

(3) Requirements for initial and continued eligibility for Ohio works first, including requirements regarding income, citizenship, age, residence, and assistance group composition. The rules regarding income shall specify what is countable income, gross earned income, and gross unearned income for the purpose of section 5107.10 of the Revised Code. 

(4) For the purpose of section 5107.12 of the Revised Code, application and verification procedures, including the minimum information an application must contain. [If there are at least two telephone numbers available that a county department of human services can call to contact members of an assistance group, which may include the telephone number of an individual who can contact an assistance group member for the county department, the minimum information shall include at least those two telephone numbers.]Å 

(5) The extent to which a participant of Ohio works first must notify, pursuant to section 5107.12 of the Revised Code, a county department of job and family services of additional income not previously reported to the county department; 

(6) The department of job and family services providing written notice of a sanction under section 5107.161 [5107.16.1] of the Revised Code; 

(7) Requirements for the collection and distribution of support payments owed participants of Ohio works first pursuant to section 5107.20 of the Revised Code; 

(8) For the purpose of section 5107.22 of the Revised Code, what constitutes cooperating in establishing a minor child's paternity or establishing, modifying, or enforcing a child support order and good cause for failure or refusal to cooperate. The rule shall be consistent with 42 U.S.C.A. 654(29). 

(9) The requirements governing the LEAP program provided for under section 5107.30 of the Revised Code, including the definitions of "equivalent of a high school diploma" and "good cause," and the incentives provided under the LEAP program; 

(10) If the director implements section 5107.301 [5107.30.1] of the Revised Code, the requirements governing the award provided under that section, including the form that the award is to take and requirements an individual must satisfy to receive the award; 

(11) Circumstances under which a county department of job and family services may exempt a minor head of household or adult from participating in a work activity or developmental activity for all or some of the weekly hours otherwise required by section 5107.43 of the Revised Code. Circumstances shall include that a school or place of work is closed due to a holiday or weather or other emergency and that an employer grants the minor head of household or adult leave for illness or earned vacation. 

(12) The maximum amount of time the department will subsidize positions created by state agencies and political subdivisions under division (C) of section 5107.52 of the Revised Code. 

(B) The rules may provide that a county department of job and family services is not required to take action under section 5107.76 of the Revised Code to recover an erroneous payment that is below an amount the department specifies. 
 

HISTORY: 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 9-29-99); 148 v S 245 (Eff 6-30-2000); 148 v H 471. Eff 7-1-2000; 151 v H 66, § 101.01, eff. 1-1-06.
 

Å The language in brackets was added in HB 283, division (A)(4). 
 

The effective date is set by § 612.09 of 151 v H 66. 

Not analogous to former RC § 5107.05 (GC § 1359-34; 116 v PtII, 188, § 4; 119 v 663; Bureau of Code Revision, 10-1-53; 130 v 1172; 131 v 1233; 132 v S 485; 133 v H 1; 133 v S 49; 134 v H 980; 139 v S 530; 141 v H 428; 144 v H 298; 144 v S 359; 145 v H 152; 145 v S 300; 146 v H 167), amended and renumbered RC § 5107.12 in 147 v H 408, eff 10-1-97.

The effective date is set by section 12(A) of HB 471. 

 

Effect of Amendments

151 v H 66, effective January 1, 2006, in (B)(9), substituted "requirements governing" for "administration of", and added "including ... the LEAP program" to the end; and inserted (A)(10) and redesignated the remaining subdivisions accordingly.