Ohio Administrative Code|Rule 5101:4-3-11.1 | Food assistance: work registration requirements.

                                                

(A) What are the work registration
requirements for work registered individuals?

Each individual required to register for work
shall:

(1) Respond to a request for supplemental
information regarding employment status or availability for work;

(2) Report to an employer when referred
by the county agency unless the potential employment meets the unsuitability
criteria described in paragraph (E) of this rule;

(3) Accept a bona fide offer of suitable
employment when referred by the county agency;

(4) Continue suitable employment until it
is no longer considered suitable; the individual is terminated for reasons
beyond the individual's control; or the individual becomes exempt from
work registration; and

(5) Participate in the appraisal process
and the supplemental nutrition assistance program (SNAP) employment and
training program (SNAP E&T) in accordance with rule 5101: 4-3-29 of the
Administrative Code, unless the individual is:

(a) Pregnant;

(b) Under eighteen or fifty years of age or older;

(c) A parent (natural, adoptive or step) of an assistance group
member under age eighteen, even when the assistance group member who is under
eighteen is not eligible for SNAP benefits; or

(d) Residing in an assistance group where an assistance group
member is under age eighteen, even when the assistance group member who is
under eighteen is not eligible for SNAP benefits.

(B) What happens when an individual fails
or refuses to meet the work registration requirements?

(1) Failure or refusal to
complete the appraisal process as defined in rule 5101:4-3-29 of the
Administrative Code by a required individual will result in a sanction. A
sanction shall be applied in accordance with rule 5101:4-3-11.2 of the
Administrative Code. County agencies shall follow rule 5101:4-6-13 of the
Administrative Code for the treatment of income and resources of the
individual.

(2) Failure or refusal
without good cause to participate in SNAP E&T to the extent required by the
county agency will result in a sanction. A sanction shall be applied in
accordance with rule 5101:4-3-11.2 of the Administrative Code.

(3) Failure or refusal
without good cause to accept an offer of suitable employment will result in a
sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of
the Administrative Code. Unsuitable employment is defined in paragraph (E) of
this rule.

(4) Failure or refusal
without good cause to provide the county agency with sufficient information to
allow the county agency to determine the employment status or the job
availability of the individual will result in a sanction. A sanction shall be
applied in accordance with rule 5101:4-3-11.2 of the Administrative
Code.

(5) Voluntarily and
without good cause: quits a job of thirty or more hours a week or reduces work
effort and, after the reduction, the individual is working less than thirty
hours per week will result in a sanction. A sanction shall be applied in
accordance with rule 5101:4-3-11.2 of the Administrative Code. When the
individual reduces his or her work hours to less than thirty a week, but
continues to earn weekly wages that exceed the federal minimum wage multiplied
by thirty hours, the individual remains exempt from work registration in
accordance with rule 5101:4-3-11 of the Administrative Code.

(C) What is good cause?

(1) The county agency
shall be responsible for determining good cause at any time when a work
registered individual fails or refuses to comply with an appraisal, SNAP
E&T assignment or when a work registered individual voluntarily quits a job
or reduces his or her work effort. In determining whether or not good cause
exists, the county agency shall take into account the facts and circumstances,
including information submitted by the employer and the assistance group member
involved.

(2) An able-bodied adult
without dependents (ABAWD) who received good cause for failure to comply with
the mandatory SNAP E&T requirement is to also receive good cause for
failure to comply with the ABAWD work requirement, except as specified in
paragraph (C)(4)(g) of this rule.

(3) When a SNAP E&T
provider determines an ABAWD is not suited for participation in the assigned
component as described in rule 5101:4-3-11.2 of the Administrative Code the
individual has good cause from the SNAP E&T assignment and ABAWD work
requirement through the month the individual is notified in writing of the
determination. The ABAWD is to accrue countable months toward their three-month
time limit the next full benefit month after the notification.

(4) Good cause shall include
circumstances beyond the individual's control, such as, but not limited
to:

(a) Illness;

(b) Illness of another assistance group member requiring
the presence of the member;

(c) Assistance group emergency;

(d) The unavailability of transportation;

(e) The lack of adequate child care for children who have
reached age six but are under age twelve;

(f) Domestic violence as outlined in paragraph (F) of this
rule; or

(g) When an appropriate SNAP E&T component is not
available. This is not considered good cause from the able-bodied adults
without dependents work requirement.

(5) When the county agency determines
that good cause exists the individual shall be excused and a sanction shall not
be imposed.

(D) What is good cause for leaving
employment?

Good cause for leaving employment includes the
good cause provisions outlined in paragraph (C) of this rule. Good cause for
leaving employment also includes, but is not limited to, the following:

(1) Discrimination by an
employer based on age, race, sex, color, handicap, religious beliefs, national
origin or political beliefs.

(2) Work demands or
conditions that render continued employment unreasonable, such as working
without being paid on schedule.

(3) Acceptance of
employment by the individual, or enrollment by the individual in any recognized
school, training program, or institution of higher education on at least a half
time basis, that requires the individual to leave employment; or acceptance by
any other assistance group member of employment or enrollment at least half
time in any recognized school, training program, or institution of higher
education in another county or similar political subdivision that requires the
assistance group to move and thereby requires the individual to leave
employment.

(4) Resignations by
persons under the age of sixty that are recognized by the employer as
retirement.

(5) Employment that
becomes unsuitable, as specified in paragraph (E) of this rule, after the
acceptance of such employment.

(6) Acceptance of a bona
fide offer of employment of more than thirty hours a week or in which the
weekly earnings are equivalent to the federal minimum wage multiplied by thirty
hours that, because of circumstances beyond the control of the individual,
subsequently either does not materialize or results in employment that does not
meet the requirements provided for in paragraph (E)(1) of this
rule.

(7) Leaving a job in
connection with patterns of employment in which workers frequently move from
one employer to another such as migrant farm labor or construction work. There
may be some circumstances where assistance groups will apply for SNAP benefits
between jobs particularly in cases where work may not yet be available at the
new job site. Even though employment at the new site has not actually begun,
the quitting of the previous employment shall be considered good cause when it
is part of the pattern of that type of employment.

(8) When a county agency
finds the information regarding an assertion of good cause is questionable as
defined in rule 5101:4-2-09 of the Administrative Code, the county agency shall
request verification of the assistance group's statements. It is the
assistance group's responsibility to provide the necessary verification in
accordance with rule 5101:4-2-09 of the Administrative Code. However, when the
county agency has access to the information needed it should be considered.
When assistance in gathering the information is needed, it must be provided.
When good cause is questionable and the assistance group fails or refuses to
provide verification of the questionable information, good cause shall not be
determined.

(E) What is unsuitable
employment?

(1) In addition to any
criteria established by county agencies, employment shall be considered
unsuitable under any of the following conditions:

(a) The wage offered is less than the highest of:

(i) The applicable
federal or state minimum wage; or

(ii) Eighty per cent of
the federal minimum wage, when neither the federal nor the state minimum wage
is applicable;

(b) The employment offered is on a piece-rate basis, and the
average hourly yield the employee can reasonably be expected to earn is less
than the applicable hourly wages;

(c) The assistance group member, as a condition of employment or
continuing employment, is required to join, resign from, or refrain from
joining any legitimate labor organization; or

(d) The work offered is at a site subject to a strike or lockout
at the time of the offer unless the strike has been enjoined under section 208
of the Labor-Management Relations Act of 1947 29 U.S.C. 141 (6/1947), or unless
an injunction has been issued under section 10 of the Railway Labor Act of
1926, 45 U.S.C. 151 (10/1996).

(F) What are the requirements for victims
of domestic violence?

Individuals who are victims of domestic violence
as defined in rule 5101:1-3-20 of the Administrative Code shall be treated as
follows:

(1) Individuals who are
victims of domestic violence shall be identified through the appraisal process
in accordance with rule 5101:4-3-29 of the Administrative Code.

(2) When the county
agency determines that the individual has been subjected to domestic violence
and requiring participation in SNAP E&T would make it more difficult for
the individual to escape domestic violence or unfairly penalize the individual,
the county agency may excuse the individual from the employment and training
program requirements, when supporting documentation as described in paragraph
(F)(1) of rule 5101:1-3-20 of the Administrative Code is provided.

(3) When an individual
is assigned to and engaged in an employment and training activity and fails to
comply as a result of domestic violence, the county agency shall excuse and
shall not impose a sanction for failure to comply with the SNAP E&T
requirement.

(4) The county agency
shall review the continued eligibility of the excused non-participation at
least once every six months. The county agency may, at its option, review the
individual's excused non-participation more frequently than every six
months. There is no limit on the number of times (or length of time) that an
excuse can be extended.



Last updated November 18, 2021 at 8:40 AM


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