Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.35 | Appeals.

Effective: December 31, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1)(a) "Agency" means the following entities that administer a family services program:
(i) The department of job and family services;
(ii) A county department of job and family services;
(iii) A public children services agency;
(iv) A private or government entity administering, in whole or in part, a family services program for or on behalf of the department of job and family services or a county department of job and family services or public children services agency.
(b) If the department of medicaid contracts with the department of job and family services to hear appeals authorized by section 5160.31 of the Revised Code regarding medical assistance programs, "agency" includes the department of medicaid.
(2) "Appellant" means an applicant, participant, former participant, recipient, or former recipient of a family services program who is entitled by federal or state law to a hearing regarding a decision or order of the agency that administers the program.
(3)(a) "Family services program" means all of the following:
(i) A Title IV-A program as defined in section 5101.80 of the Revised Code;
(ii) Programs that provide assistance under Chapter 5104. of the Revised Code;
(iii) Programs that provide assistance under section 5101.141, 5101.461, 5101.54, 5119.41, 5153.163, or 5153.165 of the Revised Code;
(iv) Title XX social services provided under section 5101.46 of the Revised Code, other than such services provided by the department of mental health and addiction services, the department of developmental disabilities, a board of alcohol, drug addiction, and mental health services, or a county board of developmental disabilities.
(b) If the department of medicaid contracts with the department of job and family services to hear appeals authorized by section 5160.31 of the Revised Code regarding medical assistance programs, "family services program" includes medical assistance programs.
(4) "Medical assistance program" has the same meaning as in section 5160.01 of the Revised Code.
(B) Except as provided by divisions (G) and (H) of this section, an appellant who appeals under federal or state law a decision or order of an agency administering a family services program shall, at the appellant's request, be granted a state hearing by the department of job and family services. This state hearing shall be conducted in accordance with rules adopted under this section. The state hearing shall be recorded, but neither the recording nor a transcript of the recording shall be part of the official record of the proceeding. Except as provided in section 5160.31 of the Revised Code, a state hearing decision is binding upon the agency and department, unless it is reversed or modified on appeal to the director of job and family services or a court of common pleas.
(C) Except as provided by division (G) of this section, an appellant who disagrees with a state hearing decision may make an administrative appeal to the director of job and family services in accordance with rules adopted under this section. This administrative appeal does not require a hearing, but the director or the director's designee shall review the state hearing decision and previous administrative action and may affirm, modify, remand, or reverse the state hearing decision. An administrative appeal decision is the final decision of the department and, except as provided in section 5160.31 of the Revised Code, is binding upon the department and agency, unless it is reversed or modified on appeal to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant to division (B) or (C) of this section within the time limits established by rules adopted under this section. If a county department of job and family services or a public children services agency fails to comply within these time limits, the department may take action pursuant to section 5101.24 of the Revised Code. If another agency, other than the department of medicaid, fails to comply within the time limits, the department may force compliance by withholding funds due the agency or imposing another sanction established by rules adopted under this section.
(E) An appellant who disagrees with an administrative appeal decision of the director of job and family services or the director's designee issued under division (C) of this section may appeal from the decision to the court of common pleas pursuant to section 119.12 of the Revised Code. The appeal shall be governed by section 119.12 of the Revised Code except that:
(1) The person may appeal to the court of common pleas of the county in which the person resides, or to the court of common pleas of Franklin county if the person does not reside in this state.
(2) The person may apply to the court for designation as an indigent and, if the court grants this application, the appellant shall not be required to furnish the costs of the appeal.
(3) The appellant shall mail the notice of appeal to the department of job and family services and file notice of appeal with the court within thirty days after the department mails the administrative appeal decision to the appellant. For good cause shown, the court may extend the time for mailing and filing notice of appeal, but such time shall not exceed six months from the date the department mails the administrative appeal decision. Filing notice of appeal with the court shall be the only act necessary to vest jurisdiction in the court.
(4) The department shall be required to file a transcript of the testimony of the state hearing with the court only if the court orders the department to file the transcript. The court shall make such an order only if it finds that the department and the appellant are unable to stipulate to the facts of the case and that the transcript is essential to a determination of the appeal. The department shall file the transcript not later than thirty days after the day such an order is issued.
(F) The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section, including rules governing the following:
(1) State hearings under division (B) of this section. The rules shall include provisions regarding notice of eligibility termination and the opportunity of an appellant appealing a decision or order of a county department of job and family services to request a county conference with the county department before the state hearing is held.
(2) Administrative appeals under division (C) of this section;
(3) Time limits for complying with a decision issued under division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under division (D) of this section.
(G) The department of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code establishing an appeals process for an appellant who appeals a decision or order regarding a Title IV-A program identified under division (A)(4)(c), (d), (e), (f), or (g) of section 5101.80 of the Revised Code that is different from the appeals process established by this section. The different appeals process may include having a state agency that administers the Title IV-A program pursuant to an interagency agreement entered into under section 5101.801 of the Revised Code administer the appeals process.
(H) If an appellant receiving medicaid through a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code is appealing a denial of medicaid services based on lack of medical necessity or other clinical issues regarding coverage by the health insuring corporation, the person hearing the appeal may order an independent medical review if that person determines that a review is necessary. The review shall be performed by a health care professional with appropriate clinical expertise in treating the recipient's condition or disease. The department shall pay the costs associated with the review.
A review ordered under this division shall be part of the record of the hearing and shall be given appropriate evidentiary consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code apply to a state hearing or administrative appeal under this section only to the extent, if any, specifically provided by rules adopted under this section.

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.