Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.241 | Actions for Noncompliance With Workforce Development Activity Standards or Requirements.

Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1) "Local area" and "chief elected official" have the same meaning as in section 5101.20 of the Revised Code.
(2) "Responsible entity" means the chief elected officials of a local area.
(B) The department of job and family services may take action under division (C) of this section against the responsible entity, regardless of who performs the workforce development activity, if the department determines any of the following are the case:
(1) An entity has failed to comply with the terms and conditions of a grant agreement executed between the department and a local area under section 5101.20 of the Revised Code.
(2) A performance standard for the workforce development activity established by the federal government or the department is not met.
(3) An entity has failed to comply with a workforce development activity requirement established by the department, a federal or state law, a state plan for receipt of federal financial participation, a grant agreement between the department and a federal agency, or an executive order.
(4) The responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty regarding the workforce development activity.
(C) The department may take one or more of the following actions against the responsible entity when authorized by division (B)(1), (2), (3), or (4) of this section:
(1) Require the responsible entity to submit to and comply with a corrective action plan, established or approved by the department, pursuant to a time schedule specified by the department;
(2) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal financial participation or other sanction or penalty;
(b) Reimburse the department the amount the department pays to the federal government or another entity that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(d) Pay the department the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, or other sanction or penalty issued by the department.
(3) Impose a financial or administrative sanction or adverse audit finding issued by the department against the responsible entity, which may be increased with each subsequent action taken against the responsible entity;
(4) Perform or contract with a government or private entity for the entity to perform the workforce development activity until the department is satisfied that the responsible entity ensures that the activity will be performed to the department's satisfaction. If the department performs or contracts with an entity to perform the workforce development activity under division (C)(4) of this section, the department may withhold funds allocated to or reimbursements due to the responsible entity for the activity and use those funds to implement division (C)(4) of this section.
(5) Request the attorney general to bring mandamus proceedings to compel the responsible entity to take or cease the actions listed in division (B) of this section. The attorney general shall bring any mandamus proceedings in the Franklin county court of appeals at the department's request.
(6) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(7) Issue a notice of intent to revoke approval of all or part of the local plan effected that conflicts with state or federal law and effectuate the revocation.
(D) The department shall notify the responsible entity and the appropriate county auditor before taking action under division (C) of this section. The notice shall be in writing and specify the proposed action. The department shall send the notice by regular United States mail. Except as provided in division (E) of this section, the responsible entity may request an administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) The responsible entity shall have fifteen calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. The responsible entity and the department shall attempt to resolve informally any dispute and may develop a written resolution to the dispute at any time prior to submitting the written report described in division (D)(7) of this section to the director.
(4) In the case of a proposed action under division (C)(2) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity other than the department.
(5) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(6) The director of job and family services shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees who are not involved in the department's proposal to take action against the responsible entity. The review panel shall review the responsible entity's request. The review panel may require that the department or responsible entity submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(2) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(2) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(7) After finishing an administrative review, an administrative review panel appointed under division (D)(6) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations.
(8) The director's approval, modification, or disapproval under division (D)(7) of this section shall be final and binding on the responsible entity and shall not be subject to further review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(5) or (6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(2) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible entity as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to the responsible entity's local area that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.
(H) The governor may decertify a local board for any of the following reasons in accordance with subsection (c)(3) of section 107 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3122:
(1) Fraud or abuse;
(2) Failure to carry out the requirements of the federal "Workforce Innovation and Opportunity Act," 29 U.S.C. 3101 et seq.;
(3) Failure to meet local performance accountability measures for the local area for two consecutive program years, as specified in subsection (c)(3)(B) of section 107 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3122.
(I)(1) If the governor determines that there has been a substantial violation of a specific provision of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3101 et seq., and that corrective action has not been taken, the governor shall take one of the following actions:
(a) Issue a notice of intent to revoke approval of all or part of a local plan affected by the violation;
(b) Impose a reorganization plan.
(2) A reorganization plan imposed under division (I)(1) of this section may include any of the following:
(a) Decertifying the local board involved in the violation;
(b) Prohibiting the use of eligible providers;
(c) Selecting an alternate entity to administer the program for the local area involved in the violation;
(d) Merging the local area with one or more other local areas;
(e) Making other changes that the governor determines to be necessary to secure compliance with the specific provision.
An action taken by the governor pursuant to this section may be appealed and shall not become effective until the time for appeal has expired or a final decision has been issued on the appeal.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5101 | Department of Job and Family Services- General Provisions

Section 5101.01 | Referring to Department or Director of Public Welfare or Human Services; References to County Department of Job and Family Services; References to Board of County Commissioners.

Section 5101.02 | Authority of Director of Job and Family Services.

Section 5101.03 | Assistant Directors - Powers and Duties.

Section 5101.04 | Contract With Commercial Consumer Reporting Agency.

Section 5101.041 | Data Matching Agreements.

Section 5101.05 | Appointing Employees.

Section 5101.051 | Filling Positions With Peculiar and Exceptional Qualifications.

Section 5101.06 | Establishing Work Units.

Section 5101.061 | Office of Human Services Innovation.

Section 5101.07 | Support Services Federal Operating Fund.

Section 5101.071 | Support Services State Operating Fund.

Section 5101.072 | Human Services Projects Fund.

Section 5101.073 | Odjfs General Services Administration and Operating Fund.

Section 5101.074 | Disposition of Refunds.

Section 5101.08 | Fidelity Bonds.

Section 5101.09 | Adopting Rules.

Section 5101.10 | Expending Funds.

Section 5101.101 | Order of Priority for Distribution of Funds for Family Planning Services.

Section 5101.11 | Seeking Federal Financial Participation for Costs Incurred by Entity Implementing Program Administered by Department.

Section 5101.111 | Foundation Grant Fund.

Section 5101.12 | Maximizing Receipt of Federal Revenue.

Section 5101.13 | Uniform Statewide Automated Child Welfare Information System.

Section 5101.131 | Child Welfare System Information Confidential.

Section 5101.132 | Access to Child Welfare System Information.

Section 5101.133 | Use and Disclosure of System Information Restricted.

Section 5101.134 | Rules Governing Private Agency Use of System Information.

Section 5101.135 | Shaken Baby Syndrome Notation in Child Abuse Report.

Section 5101.14 | Payments to Counties for Part of Their Costs for Children Services.

Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.

Section 5101.142 | Conducting Demonstration Project Expanding Eligibility for and Services Provided Under Title Iv-E.

Section 5101.143 | State Adoption Assistance Loan Fund.

Section 5101.144 | Children Services Fund.

Section 5101.145 | Rules Concerning Financial Requirements Applicable to Public Children Services, Private Child Placing, and Private Noncustodial Agencies.

Section 5101.146 | Establishing Penalties for Noncompliance With Fiscal Accountability Procedures.

Section 5101.147 | Notification of Agency's Noncompliance With Fiscal Accountability Procedures.

Section 5101.148 | No Unnecessarily Removal of Children From Certified Foster Homes.

Section 5101.149 | Prohibiting Personal Loans.

Section 5101.1410 | Certifying a Claim.

Section 5101.1411 | Federal Payments for Foster Care and Adoption Assistance.

Section 5101.1412 | Voluntary Participation Agreement for Child's Care and Placement.

Section 5101.1413 | Payment of Nonfederal Share.

Section 5101.1414 | Adoption of Rules.

Section 5101.1415 | Person Eligible for Temporary or Permanent Custody Until Age Twenty-One.

Section 5101.1416 | Kinship Guardianship Assistance.

Section 5101.1417 | Rules to Carry Out Federal Foster Care, Adoption, and Kinship Guardian Assistance.

Section 5101.1418 | Post-Adoption Special Services Subsidy Payments.

Section 5101.15 | Schedule of Reimbursement.

Section 5101.16 | Paying County Share of Public Assistance Expenditures.

Section 5101.161 | Public Assistance Fund.

Section 5101.162 | Reimbursing County Expenditures for County Administration of Food Stamps or Medicaid.

Section 5101.163 | Increase in County Share of Public Assistance Expenditures.

Section 5101.17 | Payments Made Under Economic Opportunity Act Not Regarded as Income or Resources.

Section 5101.18 | Determining What Payments Shall Be Regarded or Disregarded as Income in Determining Aid.

Section 5101.181 | Matching Agency Records to Determine Overpayment of Public Assistance.

Section 5101.182 | Matching Income Tax Returns to Determine Overpayment of Public Assistance.

Section 5101.183 | Rules Regarding Recovering Cost of Social Services Provided or Diverted to Ineligible Persons.

Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.

Section 5101.20 | Grant Agreements for Workforce Development Activities.

Section 5101.201 | Agreements With One-Stop Operators and Partners Implementing Workforce Innovation and Opportunity Act.

Section 5101.21 | Written Grant Agreements Between Director and County.

Section 5101.211 | Written Agreements With State Agency, University or College or Private or Government Entity.

Section 5101.212 | Duty of Religious Organization Contracting With Department.

Section 5101.214 | Agreements to Enhance County Family Services Duties and Workforce Development Activities.

Section 5101.215 | Agreements With Religious Organization.

Section 5101.216 | Written Operational Agreements With County for Family Service Duties.

Section 5101.22 | Establishing Performance and Administrative Standards for County Agencies.

Section 5101.221 | County Family Services Agency Corrective Action Plan.

Section 5101.222 | Administrative Rules.

Section 5101.23 | Providing Incentive Awards to County Agencies.

Section 5101.24 | Actions for Failure to Meet Performance Standards.

Section 5101.241 | Actions for Noncompliance With Workforce Development Activity Standards or Requirements.

Section 5101.242 | Certification of Claim to Recover Funds.

Section 5101.243 | Administrative Rules.

Section 5101.244 | Adjustment to Recover Expenditures Exceeding Allowable Amount.

Section 5101.25 | Developing Annual Training Goals and Model Training Curriculum.

Section 5101.26 | Disclosure of Information Definitions.

Section 5101.27 | Restricting Disclosure of Information Regarding Public Assistance Recipients.

Section 5101.272 | Authorization Form.

Section 5101.273 | Membership in the Public Assistance Reporting Information System.

Section 5101.28 | Written Agreements With Law Enforcement Agencies to Exchange, Obtain, or Share Information Regarding Public Assistance Recipients.

Section 5101.29 | Certain Day-Care Records Not Subject to Public Records Law.

Section 5101.30 | Rules for Conditions and Procedures for the Release of Information.

Section 5101.32 | Procedures and Formats for Rc 109.5721 Notices.

Section 5101.33 | Electronic Benefit Transfers.

Section 5101.34 | Ohio Commission on Fatherhood.

Section 5101.341 | Chairperson; Executive Director; Staff; Funding.

Section 5101.342 | State Summits on Fatherhood.

Section 5101.343 | Exemption From Sunset Review.

Section 5101.35 | Appeals.

Section 5101.351 | Hearing Officers.

Section 5101.36 | Right of Subrogation to Department of Job and Family Services for Workers' Compensation Benefits.

Section 5101.37 | Investigations and Hearings by Department, County or Child Support Enforcement Agency.

Section 5101.38 | Appointment of Agents.

Section 5101.44 | Ohio Welfare Conference.

Section 5101.45 | Conference Expenses.

Section 5101.46 | Administering Provision of Social Services Funded Through Grants Made Under Title Xx.

Section 5101.461 | Use of Title Iv-a Funds for Title XX Social Services.

Section 5101.47 | Administrative Activities for Certain Programs.

Section 5101.48 | Distributing Food Commodities.

Section 5101.49 | Establishing Refugee Assistance Program and State Legalization Impact Assistance Program.

Section 5101.53 | Supplementing Payments of Recipients of Aid Under Title XVI of Social Security Act.

Section 5101.54 | Administering Food Stamp Program.

Section 5101.541 | Food Stamp Program Fund.

Section 5101.542 | Electronic Benefit Transfer Card.

Section 5101.544 | Failure of Household Member to Perform Required Action.

Section 5101.545 | Application to Participate in Elderly Simplified Application Project.

Section 5101.55 | Abortion.

Section 5101.56 | Use of State or Local Funds for Abortion Services.

Section 5101.57 | Use of Public Facilities for Nontheurapeutic Abortions Prohibited.

Section 5101.60 | Adult Protective Services Definitions.

Section 5101.61 | Implementing Adult Protective Services.

Section 5101.611 | Reimbursing Costs of Providing Services.

Section 5101.62 | Training Program.

Section 5101.621 | Memorandum of Understanding Related to Responsibilities in Cases of Adult Abuse, Neglect, and Exploitation.

Section 5101.63 | Reporting Abuse, Neglect or Exploitation of Adult.

Section 5101.631 | Uniform Statewide Automated Adult Protective Services Information System.

Section 5101.632 | Access to Educational Materials.

Section 5101.64 | Referring Cases of Abuse.

Section 5101.65 | Investigations.

Section 5101.651 | Temporary Restraining Order.

Section 5101.652 | Authority to Contract With Other Entities to Perform Certain Duties.

Section 5101.66 | Request or Consent to Receiving Protective Services.

Section 5101.68 | Petitioning for Court Order to Provide Protective Services.

Section 5101.681 | Notice of Petition.

Section 5101.682 | Hearing.

Section 5101.69 | Temporary Restraining Order to Restrain Person From Interfering With Provision of Protective Services.

Section 5101.70 | Emergency Order.

Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.

Section 5101.702 | Hearing.

Section 5101.71 | Evaluating Ability to Pay for Services.

Section 5101.73 | Denial or Obstruction of Access to Adult Victim's Residence.

Section 5101.74 | Elder Abuse Commission.

Section 5101.741 | Duties of Commission.

Section 5101.76 | Procurement of Epinephrine Autoinjectors for Camps.

Section 5101.77 | Procurement of Inhalers for Camps.

Section 5101.78 | Procurement of Glucagon, Qualified Immunity - Camps.

Section 5101.80 | Administering Title Iv-a of the Social Security Act.

Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.

Section 5101.802 | Kinship Permanency Incentive Program.

Section 5101.803 | Title Iv-a Demonstration Program.

Section 5101.804 | Ohio Parenting and Pregnancy Program.

Section 5101.806 | Tanf Spending Plan.

Section 5101.81 | Examination of Title Iv-a State Plan by Legislature.

Section 5101.82 | Title Iv-a Reserve Fund.

Section 5101.821 | Tanf Federal Fund.

Section 5101.83 | Repaying Fraudulent Assistance.

Section 5101.84 | Eligibility for Aid.

Section 5101.85 | Kinship Caregiver Defined.

Section 5101.851 | Statewide Kinship Care Navigator Program.

Section 5101.853 | Establishment of Regions.

Section 5101.854 | Content of Program for Kinship Caregivers.

Section 5101.855 | Adoption of Rules.

Section 5101.856 | Funding for Kinship Care Navigator Program.

Section 5101.86 | Adult Emergency Assistance Program.

Section 5101.87 | Victims of Human Trafficking Fund.

Section 5101.88 | Kinship Support Program Definitions.

Section 5101.881 | Kinship Support Program Established and Administered.

Section 5101.884 | Kinship Caregivers Eligible for Payments.

Section 5101.885 | Payment Amount.

Section 5101.886 | Payments Time-Limited.

Section 5101.887 | Conditions Requiring Payments to Cease.

Section 5101.889 | Foster Care Maintenance Payments for Kinship Caregiver Certified as Foster Home.

Section 5101.8811 | Kinship Support Program Rules.

Section 5101.8812 | Inalienability of Benefits.

Section 5101.89 | Youth and Family Ombudsman Office Definitions.

Section 5101.891 | Youth and Family Ombudsman Office.

Section 5101.892 | Office Duties; Annual Report.

Section 5101.893 | Evaluation of Annual Report.

Section 5101.894 | Reporting Suspected Violations of State Law.

Section 5101.895 | Office Administration.

Section 5101.897 | Employee Prohibitions.

Section 5101.899 | Record Access and Confidentiality.

Section 5101.90 | Evaluation of County Department on Helping Public Assistance Recipients Obtain Employment.

Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.

Section 5101.971 | Annual Report.

Section 5101.99 | Penalty.