Ohio Administrative Code Title 5101:6 - Hearings
Ohio Administrative Code, Title 5101:6 — Hearings
Overview
Title 5101:6 of the Ohio Administrative Code governs the procedures for hearings conducted by the Ohio Department of Job and Family Services (ODJFS). These hearings primarily relate to appeals of decisions regarding public assistance programs such as Medicaid, food assistance (SNAP), cash assistance (TANF), child care, and other social services administered by the Department.
The rules under this title establish the framework for fair and impartial administrative hearings, providing due process rights to individuals aggrieved by Department decisions.
Purpose and Scope
To ensure that individuals affected by ODJFS decisions have access to a fair administrative hearing.
To define procedures for requesting hearings, conducting the hearings, and issuing final decisions.
To clarify the rights and responsibilities of the parties involved, including appellants and the Department.
To maintain consistency with state and federal law regarding administrative due process.
Key Provisions of Title 5101:6
1. Right to a Hearing (5101:6-1)
Individuals have the right to request a hearing when aggrieved by a Department decision affecting eligibility or benefits.
Requests for hearings must be made within specified timeframes (generally within 90 days of the action or decision).
2. Requesting a Hearing (5101:6-2)
Hearings can be requested in writing, by phone, or in person.
The Department is required to provide assistance to individuals in filing hearing requests.
Certain actions (e.g., termination of benefits) trigger an automatic right to a hearing.
3. Hearing Procedures (5101:6-3)
Hearings are conducted by impartial hearing officers who are not involved in the original decision.
Hearings may be conducted in person, by telephone, or through video conferencing.
Both parties may present evidence, call witnesses, cross-examine, and submit documents.
The hearing is recorded, and transcripts may be made available.
4. Decision and Notification (5101:6-4)
After the hearing, the hearing officer issues a written decision based on the evidence and applicable law.
The decision must include findings of fact and conclusions of law.
The Department notifies the parties of the decision and any further appeal rights.
5. Appeals and Judicial Review (5101:6-5)
Parties dissatisfied with the hearing decision may appeal to the Ohio Courts of Common Pleas.
Judicial review is limited to the administrative record and issues raised during the hearing.
The courts may affirm, reverse, or remand the Department’s decision.
6. Representation and Interpreter Services (5101:6-6)
Individuals have the right to be represented by legal counsel or other advocates at the hearing.
Interpreter services must be provided to individuals with limited English proficiency or disabilities.
Statutory Authority
The hearing rules are promulgated pursuant to:
Ohio Revised Code Chapter 119 — Administrative Procedure Act, establishing the right to due process in administrative hearings.
Ohio Revised Code Chapters 5101 and 5107 — governing the Department of Job and Family Services and public assistance programs.
Federal statutes governing public assistance programs (e.g., Social Security Act, SNAP regulations) also require fair hearing rights, which the OAC incorporates.
Relevant Case Law
Several Ohio cases and federal decisions provide legal context for the procedures and rights under OAC Title 5101:6.
A. Ohio Department of Job and Family Services v. Brady, 2013-Ohio-1343 (Ohio Ct. App.)
Issue: Whether the Department provided adequate notice and opportunity for a hearing prior to termination of benefits.
Holding: The court held that due process requires meaningful notice of adverse action and a timely hearing opportunity. Failure to provide these violated constitutional and statutory rights.
Significance: Reinforces the importance of compliance with OAC 5101:6 procedural safeguards.
B. Thomas v. Ohio Dept. of Job and Family Services, 2006 Ohio 4700 (Ohio Ct. App.)
Issue: Whether the hearing officer’s decision was supported by substantial evidence.
Holding: The court upheld the hearing officer’s decision because it was supported by reliable, probative evidence on the whole record.
Significance: Demonstrates that hearing decisions must be grounded in substantial evidence and proper application of law, consistent with the OAC.
C. Goldberg v. Kelly, 397 U.S. 254 (1970) (U.S. Supreme Court)
Issue: Due process requirements before terminating welfare benefits.
Holding: The Supreme Court held that due process requires a pre-termination hearing or prompt post-termination hearing with adequate procedural protections.
Significance: Although a federal case, Goldberg sets the constitutional standard underpinning OAC 5101:6 procedures.
D. Crawford v. Ohio Department of Job and Family Services, 2011 Ohio 4946 (Ohio Ct. App.)
Issue: Whether the Department must provide interpreter services at hearings.
Holding: The court held that failure to provide necessary interpreter services violated the individual’s right to a fair hearing.
Significance: Supports OAC 5101:6-6 requirements for language assistance and accommodations.
Legal Principles from OAC Title 5101:6 and Case Law
Due Process: All affected parties are entitled to due process, which includes timely notice, a fair hearing before an impartial officer, and an opportunity to present evidence.
Impartiality: Hearing officers must be free from conflicts of interest and have no involvement in the initial agency decision.
Substantial Evidence: Decisions must be based on substantial, credible evidence within the administrative record.
Right to Representation: Individuals may be represented by counsel or advocates to ensure effective participation.
Access and Accommodation: The Department must provide necessary accommodations, including interpreters, to ensure meaningful participation.
Appeal Rights: Parties may appeal adverse decisions to the courts under the Administrative Procedure Act.
Practical Application Example: Medicaid Termination Hearing
A recipient receives notice that Medicaid benefits will be terminated due to income changes.
The recipient requests a hearing within the 90-day period.
A hearing officer schedules a hearing, allowing both the recipient and the Department to present evidence.
The hearing officer issues a written decision affirming or reversing the termination based on evidence.
If the recipient disagrees, they may appeal the decision to the Ohio Court of Common Pleas.
Summary
The OAC Title 5101:6 establishes a comprehensive and fair administrative hearing process for individuals contesting decisions made by the Ohio Department of Job and Family Services. These rules protect due process rights by ensuring impartial hearings, timely decisions, and avenues for appeal.
Ohio courts have consistently upheld the procedural safeguards and emphasized the constitutional and statutory foundations of these hearing rights.
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