As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 362 5
1997-1998 6
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-CATES-CORE-VESPER-CORBIN- 8
TERWILLEGER-BRADING-GARCIA-TAYLOR 9
11
A B I L L
To amend sections 4121.01, 4121.02, 4121.03, 13
4121.09, 4121.10, 4121.34, and 4121.35 of the 14
Revised Code to designate the Chairperson of the 15
Industrial Commission as the Chief Executive 16
Officer of the Commission; to change the title of 18
the chief administrative officer of the 19
Commission to executive director; to specify the 20
authority of the Chairperson; to limit the 22
authority of the members of the Commission to 23
rulemaking, appeals, reconsiderations, and other 24
adjudicatory powers; to remove the requirement 25
that the Commission appoint district and staff 27
hearing officers and to require the Chairperson 28
to obtain the approval of at least one other 29
Commission member prior to hiring district and 31
staff hearing officers; to require the Governor 32
to appoint the Chairperson; and to make 34
appropriations for the Industrial Commission for 35
the biennium beginning July 1, 1997, and ending 36
June 30, 1999. 37
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 4121.01, 4121.02, 4121.03, 40
4121.09, 4121.10, 4121.34, and 4121.35 of the Revised Code be 41
amended to read as follows:
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 50
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of the Revised Code: 51
(A)(1) "Place of employment" means every place, whether 53
indoors or out, or underground, and the premises appurtenant 54
thereto, where either temporarily or permanently any industry, 55
trade, or business is carried on, or where any process or 56
operation, directly or indirectly related to any industry, trade, 57
or business, is carried on and where any person is directly or 58
indirectly employed by another for direct or indirect gain or 59
profit, but does not include any place where persons are employed 60
in private domestic service or agricultural pursuits which do not 61
involve the use of mechanical power. 62
(B)(2) "Employment" means any trade, occupation, or 64
process of manufacture or any method of carrying on such trade, 65
occupation, or process of manufacture in which any person may be 66
engaged, except in such private domestic service or agricultural 67
pursuits as do not involve the use of mechanical power. 68
(C)(3) "Employer" means every person, firm, corporation, 70
agent, manager, representative, or other person having control or 71
custody of any employment, place of employment, or employee. 72
(D)(4) "Employee" means every person who may be required 74
or directed by any employer, in consideration of direct or 75
indirect gain or profit, to engage in any employment, or to go, 76
or work, or be at any time in any place of employment. 77
(E)(5) "Frequenter" means every person, other than an 79
employee, who may go in or be in a place of employment under 80
circumstances which render him THE PERSON other than a 81
trespasser. 82
(F)(6) "Deputy" means any person employed by the 84
industrial commission or the bureau of workers' compensation, 85
designated as a deputy by the commission or the administrator of 86
workers' compensation, who possesses special, technical, 87
scientific, managerial, professional, or personal abilities or 88
qualities in matters within the jurisdiction of the commission or 89
the bureau, and who may be engaged in the performance of duties 90
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under the direction of the commission or the bureau calling for 91
the exercise of such abilities or qualities. 92
(G)(7) "Order" means any decision, rule, regulation, 94
direction, requirement, or standard, or any other determination 95
or decision which THAT the bureau is empowered to and does make. 96
(H)(8) "General order" means an order which THAT applies 100
generally throughout the state to all persons, employments, or 101
places of employment, or all persons, employments, or places of 102
employment of a class under the jurisdiction of the bureau. All 103
other orders shall be considered special orders. 104
(I)(9) "Local order" means any ordinance, order, rule, or 106
determination of the legislative authority of any municipal 107
corporation, or any trustees, or board or officers of any 108
municipal corporation upon any matter over which the bureau has 110
jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral 112
well-being. 113
(K)(11) "Safe" or "safety," as applied to any employment 115
or a place of employment, means such freedom from danger to the 116
life, health, safety, or welfare of employees or frequenters as 117
the nature of the employment will reasonably permit, including 118
requirements as to the hours of labor with relation to the health 119
and welfare of employees. 120
(B) AS USED IN THE REVISED CODE: 123
(1) "INDUSTRIAL COMMISSION" MEANS THE CHAIRPERSON OF THE 125
THREE-MEMBER INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 126
4121.02 OF THE REVISED CODE WHEN THE CONTEXT REFERS TO THE 128
AUTHORITY VESTED IN THE CHAIRPERSON AS THE CHIEF EXECUTIVE
OFFICER OF THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO 129
DIVISIONS (A), (B), (C), AND (D) OF SECTION 4121.03 OF THE 134
REVISED CODE.
(2) "INDUSTRIAL COMMISSION" MEANS THE THREE-MEMBER 136
INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 4121.02 OF THE 137
REVISED CODE WHEN THE CONTEXT REFERS TO THE AUTHORITY VESTED IN 139
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THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO DIVISION (E) 140
OF SECTION 4121.03 OF THE REVISED CODE. 141
(3) "INDUSTRIAL COMMISSION" MEANS THE INDUSTRIAL 143
COMMISSION AS A STATE AGENCY WHEN THE CONTEXT REFERS TO THE 144
AUTHORITY VESTED IN THE INDUSTRIAL COMMISSION AS A STATE AGENCY. 146
Sec. 4121.02. (A) There is hereby created the industrial 155
commission. The commission shall consist of three members 156
appointed by the governor, with the advice and consent of the 157
senate. One member shall be an individual who, on account of 158
the individual's previous vocation, employment, or affiliations, 159
can be classed as a representative of employers; one shall be an 161
individual who, on account of the individual's previous vocation, 162
employment, or affiliations, can be classed as a representative 164
of employees; and one shall be an individual who, on account of 165
the individual's previous vocation, employment, or affiliations, 167
can be classed as a representative of the public. Each member AT 168
LEAST TWO MEMBERS shall have not less than six OR MORE years of 169
recognized expertise in the field of workers' compensation, and 170
at least one member shall be an attorney registered to practice 171
law in this state. No more than two members of the industrial 172
commission shall belong to or be affiliated with the same 173
political party. 174
(B) Within thirty days after the industrial commission 176
nominating council submits its list to the governor under 177
division (D) of this section, the governor shall make initial 178
appointments to the commission. Of the initial appointments, the 179
member who is a representative of employees shall serve a term 180
ending on June 30, 1995; the member who is a representative of 181
employers shall serve a term ending on June 30, 1997; and the 182
member who is a representative of the public shall serve a term 183
ending on June 30, 1999. Thereafter, terms of office are for six 184
years, beginning on the first day of July and ending on the 185
thirtieth day of June. 186
(C) Each member shall hold office from the date of the 188
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member's confirmation by the senate, as provided in division (E) 189
of this section, until the end of the term for which the member 190
was appointed, except that if a member has not been appointed by 191
the end of the term, the member shall remain in office until a 192
THE MEMBER'S successor takes office, or until a period of sixty 194
days has elapsed, whichever occurs first. However, if a member 195
is appointed to fill a full term subsequent to an initial 196
appointment, the term of office is as provided in division (B) of 197
this section. The governor shall not appoint any person to more 198
than two full six-year terms of office on the commission. This 199
restriction does not prevent the governor from appointing a 200
person to fill a vacancy caused by death, resignation, or removal 201
of a commission member, or from appointing that person twice to 202
full terms on the commission, or from appointing a person 203
previously appointed to fill less than a full term twice to full 204
terms on the commission. Except for the public member's tenure 205
as chairperson of the self-insuring employer's evaluation board, 206
a member of the commission shall hold no other public office or 207
position of trust or profit, engage in any other occupation or 208
business, or serve on any committee of any political party and 209
shall devote full time to the member's duties as a member of the 210
commission.
(D) In making appointments to the commission, the governor 212
shall select the members from the list of the names submitted by 213
the industrial commission nominating council pursuant to this 214
division. Within thirty days after the effective date of this 215
section, the nominating council shall submit to the governor for 217
the initial appointments a list containing three separate names 218
for the employer, employee, and public members to be filled. 219
Within seven days of the submission of the initial list, the 220
governor shall either appoint individuals from the list or
request the nominating council to submit another list of three 221
names for each member the governor has not appointed from the 222
original list, which list the nominating council shall submit to 224
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the governor within seven days of the governor's request. The
governor then shall appoint, within seven days of the submission 225
of the second list, individuals from either list to fill each 226
position for which the governor has not made an appointment from 227
the original list. Thereafter, within sixty days of a vacancy 228
occurring as a result of the expiration of a term and within 229
thirty days after other vacancies occurring on the commission, 230
the nominating council shall submit an initial list containing 231
three names for each vacancy. Within seven days of the 232
submission of the initial list, the governor shall either appoint 233
individuals from the list or request the nominating council to 234
submit another list of three names for each member the governor 235
has not appointed from the original list, which list the 236
nominating council shall submit to the governor within fourteen 237
days of the governor's request. The governor then shall appoint, 238
within seven days of the submission of the second list, one of 239
the individuals from either list to fill the vacancy for which 240
the governor has not made an appointment from the original list. 241
In order for a name of an individual to be submitted to the 242
governor under this division, the nominating council shall 243
approve the individual by an affirmative vote of not less than 244
two-thirds of its members. 245
(E) The governor shall notify the senate of the names of 247
the individuals for whom the governor is making the initial 248
appointments to the commission within thirty days after the 249
submission of the names to the governor by the industrial 250
commission nominating council under division (D) of this section. 251
For appointments subsequent to the initial appointments under 252
this division, if the appointment is to fill a member's term 253
which is to expire, the governor shall notify the senate of the 254
name of the individual to be appointed to fill that position by 255
no later than the first day of June of the year that the term is 256
to expire. For subsequent appointments to fill a vacancy on the 257
commission occurring as a result of the death, resignation, or 258
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removal of the commission member, the governor shall notify the 259
senate of the name of the individual to be appointed to fill the 260
remainder of that term within thirty days after the submission of 261
the names to the governor by the nominating council under 262
division (D) of this section. For all appointments, the senate 263
shall refer the matter to an appropriate standing committee for 264
consideration of the appointments, and the committee shall hold a 265
public hearing to consider the appointments. After conclusion of 266
the public hearing, the standing committee shall make its 267
recommendations to the senate. The senate shall not confirm any 268
appointee if the individual does not meet the qualifications of 269
division (A) of this section or if the individual has not been 270
approved by the industrial commission nominating council as 271
provided in division (D) of this section. If the full senate 272
fails to take a final vote on an appointment within thirty days 273
after the governor submits the names to the senate under this 274
division, the individual's appointment is deemed confirmed by the 275
senate and the individual shall take the office of commission 276
member subject to removal as provided in division (F) of this 277
section.
(F) The governor may remove or suspend a member of the 279
commission pursuant to section 3.04 of the Revised Code. The 280
governor shall notify the senate of any decision to remove or 281
suspend a commission member. The senate shall refer the matter 282
to an appropriate standing committee for consideration and the 283
committee shall hold a public hearing to consider the matter. At 284
the hearing, the governor or the governor's authorized 285
representative may present evidence and give testimony in support 286
of the decision. The commission member or the member's 287
authorized representatives may appear and present evidence and 288
testimony. After conclusion of the public hearing, the committee 289
shall make its recommendation to the senate. 290
Upon receipt of a recommendation from the standing 292
committee, the senate shall vote on the issue of whether to 293
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advise and consent to the removal or suspension of the member. 294
The senate shall vote on the matter within sixty legislative days 295
from the date the governor communicates the decision to remove or 297
suspend the member. 298
(G) The governor shall determine the compensation of the 300
members of the commission, based upon such facts as the governor 302
considers appropriate, provided that the salary of each member
shall be no less than seventy-five thousand dollars per year. In 304
addition, each commission member shall receive an annual salary 305
increase based upon the average salary increases of other state 306
department directors for that year, not to exceed five per cent 307
per year.
(H) Before entering upon the duties of office, each member 310
shall take and subscribe to the constitutional oath of office and 311
swear and affirm that the member holds no position under any 312
committee of a political party, which oath or affirmation the
member shall file in the office of the governor. Each member 313
shall give a bond in the sum of fifty thousand dollars, which 314
bond shall be approved by the governor and filed with the 315
treasurer of state. All employees or deputies of the commission 316
who receive or disburse state funds shall give a bond to the 317
state in the amounts and surety approved by the industrial 318
commission. 319
Sec. 4121.03. (A) The governor shall appoint FROM AMONG 328
THE MEMBERS OF THE INDUSTRIAL COMMISSION the initial chairperson 330
of the industrial commission at the time of making initial 332
appointments to the commission under section 4121.02 of the 333
Revised Code, who. THE CHAIRPERSON shall serve as chairperson 334
for a term of one year. Thereafter, the commission annually 335
shall elect one of its members as chairperson. No member shall 336
be appointed or elected as chairperson for more than three 337
consecutive one-year terms. A majority of the commission 339
constitutes a quorum to transact business. No vacancy impairs 340
the rights of the remaining members to exercise all of the powers 341
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of the commission, so long as a majority remains. Any 342
investigation, inquiry, or hearing that the commission may hold 343
or undertake may be held or undertaken by or before any one 344
member of the commission, or by or before one of the deputies of 345
the commission, except as otherwise provided in this chapter and 346
Chapters 4123., 4127., and 4131. of the Revised Code, and every 347
order made by a member, or by a deputy, when approved and 348
confirmed by a majority of the members, and so shown on its 349
record of proceedings, is the order of the commission AT THE 351
PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE HEAD OF THE 352
COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a secretary, 355
AFTER CONSULTATION WITH OTHER COMMISSION MEMBERS AND OBTAINING 356
THE APPROVAL OF AT LEAST ONE OTHER COMMISSION MEMBER, AN 357
EXECUTIVE DIRECTOR of the commission. THE EXECUTIVE DIRECTOR 359
SHALL SERVE AT THE PLEASURE OF THE CHAIRPERSON. The secretary 360
EXECUTIVE DIRECTOR, under the overall policy direction of the 363
commission CHAIRPERSON, shall perform all of the following
duties: 364
(1) Act as chief administrative officer for the 366
commission; 367
(2) Ensure that all commission personnel follow the rules 369
of the commission; 370
(3) Ensure that all orders, awards, and determinations are 372
properly heard and signed, prior to attesting to the documents; 373
(4) Coordinate, to the fullest extent possible, commission 375
activities with the bureau of workers' compensation activities; 376
(5) Do all things necessary for the efficient and 378
effective implementation of the duties of the commission. 379
The responsibilities assigned to the secretary EXECUTIVE 381
DIRECTOR of the commission do not relieve the members of the 383
commission CHAIRPERSON from final responsibility for the proper 384
performance of the acts specified in this division. 386
(C) The commission CHAIRPERSON shall do all of the 388
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following:
(1) Employ EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 390
EMPLOY, promote, supervise, and remove, AND ESTABLISH THE 392
COMPENSATION OF all employees as needed in connection with the 393
performance of its THE COMMISSION'S duties under this chapter and 395
Chapters 4123., 4127., and 4131. of the Revised Code and may 396
assign to them their duties to the extent necessary to achieve 397
the most efficient performance of its functions, and to that end 398
may establish, change, or abolish positions, and assign and 399
reassign duties and responsibilities of every employee of the 400
commission. The civil service status of any person employed by 401
the commission prior to November 3, 1989, is not affected by this 402
section. Personnel employed by the bureau or the commission who 403
are subject to Chapter 4117. of the Revised Code shall retain all 404
of their rights and benefits conferred pursuant to that chapter 405
as it presently exists or is hereafter amended and nothing in 406
this chapter or Chapter 4123. of the Revised Code shall be 407
construed as eliminating or interfering with Chapter 4117. of the 408
Revised Code or the rights and benefits conferred under that 409
chapter to public employees or to any bargaining unit. 410
(2) Establish the compensation of HIRE DISTRICT AND staff 412
hearing officers and their immediate supervisors and take 414
whatever steps are necessary to achieve adequate compensation for 415
other hearing officers AFTER CONSULTATION WITH OTHER COMMISSION 416
MEMBERS AND OBTAINING THE APPROVAL OF AT LEAST ONE OTHER 417
COMMISSION MEMBER;
(3) FIRE STAFF AND DISTRICT HEARING OFFICERS WHEN THE 419
CHAIRPERSON FINDS APPROPRIATE AFTER OBTAINING THE APPROVAL OF AT 420
LEAST ONE OTHER COMMISSION MEMBER; 421
(4) Maintain its THE office FOR THE COMMISSION in Columbus 425
and may hold sessions at any place within the state; 426
(4) Hear appeals and reconsiderations as provided in 428
section 4123.511 of the Revised Code; 429
(5) To the maximum extent possible, use electronic data 431
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processing equipment for the issuance of orders immediately 432
following a hearing, scheduling of hearings and medical 433
examinations, tracking of claims, retrieval of information, and 434
any other matter within the commission's jurisdiction, and shall 435
provide and input information into the electronic data processing 436
equipment as necessary to effect the success of the claims 437
tracking system established pursuant to division (B)(15) of 438
section 4121.121 of the Revised Code; 439
(6) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY POWERS 442
AND DUTIES CONFERRED UPON THE COMMISSION BY CHAPTERS 4121., 443
4123., 4127., AND 4131. OF THE REVISED CODE; 444
(7) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES. 446
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL 448
ADMINISTRATIVE MATTERS AND may secure for itself THE COMMISSION 450
facilities, equipment, and supplies necessary to house itself THE 451
COMMISSION, any employees, and files and records under its THE 453
COMMISSION'S control and to discharge any duty imposed upon it 455
THE COMMISSION by law, the expense thereof to be audited and paid 457
in the same manner as other state expenses. For that purpose, 458
the commission CHAIRPERSON, separately from the budget prepared 459
by the administrator of workers' compensation, shall prepare and 460
submit to the office of budget and management a budget for each 461
biennium according to sections 101.55 and 107.03 of the Revised 462
Code. The budget submitted shall cover the costs of the 463
commission and staff and district hearing officers in the 464
discharge of any duty imposed upon the CHAIRPERSON, THE 465
commission, and hearing officers by law. 466
(E) The commission is responsible for the establishment of 468
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO TRANSACT 470
BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE REMAINING MEMBERS 471
TO EXERCISE ALL OF THE POWERS OF THE COMMISSION, SO LONG AS A 472
MAJORITY REMAINS. ANY INVESTIGATION, INQUIRY, OR HEARING THAT 473
THE COMMISSION MAY HOLD OR UNDERTAKE MAY BE HELD OR UNDERTAKEN BY 474
OR BEFORE ANY ONE MEMBER OF THE COMMISSION, OR BEFORE ONE OF THE 475
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DEPUTIES OF THE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS 476
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE. 479
EVERY ORDER MADE BY A MEMBER, OR BY A DEPUTY, WHEN APPROVED AND 480
CONFIRMED BY A MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS 481
RECORD OF PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE 482
COMMISSION MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE 483
COMMISSION IS RESPONSIBLE FOR ALL OF THE FOLLOWING: 484
(1) ESTABLISHING the overall adjudicatory policy and 486
management of the commission under this chapter and Chapters 487
4123., 4127., and 4131. of the Revised Code, except for those 488
administrative matters within the jurisdiction of the 489
CHAIRPERSON, bureau of workers' compensation, and the 490
administrator of workers' compensation under those chapters; 491
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS 493
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE; 495
(3) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS CHAPTER 498
OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE. 499
Sec. 4121.09. The industrial commission shall have an 508
official seal for the authentication of its orders and 509
proceedings, upon which seal shall be engraved "The Industrial 510
Commission of Ohio," and such other design as the commission 511
prescribes. The courts in this state shall take judicial notice
of such seal, and in all cases copies of orders, proceedings, or 512
records in the office of the commission, certified by the 513
secretary EXECUTIVE DIRECTOR of the commission under its seal, 515
shall be equal to the original as evidence.
Sec. 4121.10. The industrial commission shall be in 524
continuous session and open for the transaction of business 525
during all business hours of every day excepting Sundays and 526
legal holidays. The sessions of the commission shall be open to 527
the public and shall stand and be adjourned without further
notice thereof on its record. All of the proceedings of the 528
commission shall be shown on its record, which shall be a public 529
record, and all voting shall be had by calling the name of each 530
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member of the industrial commission by the secretary EXECUTIVE 531
DIRECTOR, and each member's vote shall be recorded on the record 532
of proceedings as cast. The commission shall keep a separate 533
record of its proceedings relative to claims coming before it for 534
compensation for injured and the dependents of killed employees, 535
which record shall contain its findings and the award in each 536
such claim for compensation considered by it, and in all such 537
claims the reasons for the allowance or rejection thereof shall 538
be stated in said record.
Sec. 4121.34. (A) The industrial commission shall appoint 547
a sufficient number of district DISTRICT hearing officers for the 549
purpose of hearing SHALL HEAR the matters listed in division (B) 550
of this section. District hearing officers are in the classified 552
civil service of the state, are full-time employees of the 553
INDUSTRIAL commission, and shall be persons admitted to the 555
practice of law in this state. District hearing officers shall 556
not engage in any other activity that interferes with their 557
full-time employment by the commission during normal working 558
hours.
(B) District hearing officers shall have original 560
jurisdiction on all of the following matters: 561
(1) Determinations under section 4123.57 of the Revised 563
Code; 564
(2) All appeals from a decision of the administrator of 566
workers' compensation under division (B) of section 4123.511 of 567
the Revised Code; 568
(3) All other contested claims matters under this chapter 570
and Chapters 4123., 4127., and 4131. of the Revised Code, except 571
those matters over which staff hearing officers have original 572
jurisdiction. 573
(C) The administrator of workers' compensation shall make 575
available to each district hearing officer the facilities and 576
assistance of bureau employees and furnish all information 577
necessary to the performance of the district hearing officer's 578
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duties. 579
(D) A district hearing officer shall report to the 581
inspection division of the bureau of workers' compensation 582
suspected fraudulent activity pertaining to the operation of the 583
workers' compensation system and its several insurance funds as 584
evidenced during any hearing in which the hearing officer is
present or as evidenced by any material submitted for use in a 585
hearing. A district hearing officer shall be held harmless for 586
submitting a report under this division. The inspection division 587
shall maintain in confidence the identity of any hearing officer 588
who submits a report under this division.
Sec. 4121.35. (A) The industrial commission shall appoint 597
staff STAFF hearing officers to SHALL consider and decide all 599
matters specified in division (B) of this section. All staff 600
hearing officers are full-time employees of the INDUSTRIAL 601
commission and shall be admitted to the practice of law in this 603
state. Staff hearing officers shall not engage in any other 605
activity that interferes with their full-time employment by the 606
commission during normal working hours.
(B) Except as provided in division (D) of this section, 608
staff hearing officers have original jurisdiction to hear and 609
decide the following matters: 610
(1) Applications for permanent total impairment awards 612
pursuant to section 4123.58 of the Revised Code; 613
(2) Appeals from an order of a district hearing officer 615
issued under division (C) of section 4123.511 of the Revised 616
Code; 617
(3) Applications for additional awards for violation of a 619
specific safety rule of the administrator of workers' 620
compensation pursuant to Section 35 of Article II of the Ohio 621
Constitution; 622
(4) Reviews of settlement agreements pursuant to section 624
4123.65 of the Revised Code. Decisions of the staff hearing 625
officer under that section are final and not appealable to the 626
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commission or to court under section 4123.511 or 4123.512 of the 627
Revised Code. 628
(C) The decision of a staff hearing officer under division 630
(D) of section 4123.511 of the Revised Code is the decision of 631
the commission for the purposes of section 4123.512 of the 632
Revised Code unless the commission hears an appeal under division 633
(E) of section 4123.511 of the Revised Code. 634
(D) Staff hearing officers shall hold hearings on all 636
matters referred to them for hearing. Hearing procedures shall 637
conform to the rules the commission adopts pursuant to section 638
4121.36 of the Revised Code. 639
(E) A staff hearing officer shall report to the inspection 641
division of the bureau of workers' compensation suspected 642
fraudulent activity pertaining to the operation of the workers' 643
compensation system and its several insurance funds as evidenced 644
during any hearing which the the hearing officer is present or as 645
evidenced by any material submitted for use in a hearing. A
staff hearing officer shall be held harmless for submitting a 646
report under this division. The inspection division shall 647
maintain in confidence the identity of any hearing officer who 648
submits a report under this division.
Section 2. That existing sections 4121.01, 4121.02, 650
4121.03, 4121.09, 4121.10, 4121.34, and 4121.35 of the Revised 651
Code are hereby repealed. 652
Section 3. All items in this section are hereby 654
appropriated out of any moneys in the state treasury to the 655
credit of the designated fund. For all appropriations made in 656
this section, those in the first column are for fiscal year 1998, 657
and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION 658
FND ALI ALI TITLE FY 1998 FY 1999 660
Workers' Compensation Fund Group 662
023 845-321 Operating Expenses $ 42,470,433 $ 44,627,357 667
023 845-410 Attorney General 669
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Payments $ 2,358,762 $ 2,551,421 671
023 845-402 Rent - William Green 673
Building $ 4,448,792 $ 4,573,358 675
821 845-605 Service Account $ 176,258 $ 181,196 679
TOTAL WCF Workers' Compensation 680
Fund Group $ 49,454,245 $ 51,933,332 683
TOTAL ALL BUDGET FUND GROUPS $ 49,454,245 $ 51,933,332 686
Rent - William Green Building 689
The foregoing appropriation item 845-402, Rent - William 691
Green Building, shall be used for rent and operating expenses for 692
the space occupied by the Industrial Commission in the William 693
Green Building.
Service Account 695
The foregoing appropriation item 845-605, Service Account, 697
shall be used for any expense related to funds collected and 698
deposited in Fund 821, such as coin copier expense, coin changer 699
purchases, expenses related to conferences that produce revenue, 700
publications that produce revenue, and replacement of furniture 701
and equipment.
Section 4. Within the limits set forth in this act, the 703
Director of Budget and Management shall establish accounts 704
indicating the source and amount of funds for each appropriation 705
made in this act, and shall determine the form and manner in 706
which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all 708
provisions of H.B. 215 of the 122nd General Assembly that are 709
generally applicable to such appropriations. 710
Section 5. Reissuance of Voided Warrants 712
In order to provide funds for the reissuance of voided 714
warrants pursuant to section 117.47 of the Revised Code, there is 715
hereby appropriated, out of moneys in the state treasury from the 716
fund credited as provided in section 117.47 of the Revised Code, 717
that amount sufficient to pay such warrants when approved by the 718
Office of Budget and Management.
17
Section 6. Judgments Against State 720
Any appropriations contained in this act, except those to 722
be applied to or used for payment of guarantees by or on behalf 723
of the state or for debt service on bonds, notes, or certificates 724
of participation, may be used pursuant to section 2743.15, 725
2743.19, or 2743.191 of the Revised Code for the purpose of 726
satisfying judgments, settlements, or administrative awards
ordered or approved by the Court of Claims in connection with 727
civil actions against the state. 728
Section 7. Reappropriation of Unexpended Balances 730
Notwithstanding section 131.33 of the Revised Code, 732
unexpended balances of appropriations and reappropriations 733
against which encumbrances have been lawfully incurred by a state 734
agency are, at the close of fiscal year 1997, to the extent of 735
such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, 736
except for encumbrances for items of special order manufacture 737
not available on term contract or open market, made available for 738
the purpose of discharging such encumbrances for a period of five 739
months from the end of the fiscal year. Unexpended balances of 740
appropriations and reappropriations against which encumbrances 741
for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, 742
at the close of the fiscal year, to the extent of such 743
encumbrances, hereby reappropriated and made available for the 744
purpose of discharging such encumbrances for a period of five 745
months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than 746
twelve months from the end of the fiscal year. 747
Any items for which unexpended balances are reappropriated 749
beyond a five-month period from the end of the fiscal year shall 750
be reported to the Controlling Board by the Director of Budget 751
and Management. The report on each such item shall include the 752
item, the cost of the item, the vendor involved, and the delivery 753
18
date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open. 754
After any such period, reappropriations made for the 756
purpose of discharging encumbrances for operating expenses, 757
defined as those encumbrances incurred for personal services, 758
maintenance, and equipment, are canceled. Reappropriations for 759
encumbrances other than operating expenses or items of special 760
manufacture not available on term contract or in the open market
may be extended by obtaining the approval of the Director of 761
Budget and Management. 762
Section 8. The Chairperson of the Industrial Commission 764
shall on or before December 31, 1997, and subsequently on or 766
before June 30, 1998, December 31, 1998, and June 30, 1999, 767
prepare and present a report to the chairperson and ranking
members of the standing committees of the House of 768
Representatives and Senate to which matters dealing with workers' 769
compensation and the Industrial Commission are normally referred, 770
and to ranking members of both committees. Each report shall 771
contain information relative to the number of cases disposed of 772
in the immediately preceding six-month period, the number of 773
cases pending, and the number of cases on appeal as well as the 774
efforts the Commission has made in maintaining and improving 775
communication with the Administrator of Workers' Compensation and 776
the Bureau of Workers' Compensation.
Section 9. If any item of law that constitutes the whole 778
or part of a codified or uncodified section of law contained in 779
this act, or if any application of any item of law that 780
constitutes the whole or part of a codified or uncodified section 781
of law contained in this act, is held invalid, the invalidity 782
does not affect other items of law or applications of items of 783
law that can be given effect without the invalid item of law or 784
application. To this end, the items of law of which the codified 785
and uncodified sections of law contained in this act are 786
composed, and their applications, are independent and severable.
19
Section 10. Except as otherwise specifically provided in 788
this act, the codified and uncodified sections of law contained 790
in this act, and the items of law of which the codified and 791
uncodified sections of law contained in this act are composed, 793
are not subject to the referendum. Therefore, under Ohio 794
Constitution, Article II, Section 1d and section 1.471 of the 795
Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 796
and uncodified sections of law contained in this act are 798
composed, go into immediate effect when this act becomes law. 799
Section 11. Sections 4121.01, 4121.02, 4121.03, 4121.34, 801
and 4121.35 of the Revised Code, as amended by this act, and the 802
items of law of which such sections of the Revised Code, as 803
amended by this act, are composed, are subject to the referendum. 804
Therefore, under Ohio Constitution, Article II, Section 1c and 805
section 1.471 of the Revised Code, such sections as amended by 806
this act, and the items of law of which such sections as amended 807
by this act are composed, take effect on the ninety-first day 808
after this act is filed with the Secretary of State. If, 809
however, a referendum petition is filed against any such section 810
as amended by this act, or against any item of law of which any 811
such section as amended by this act is composed, the section as 812
amended, or item of law, unless rejected at the referendum, takes 814
effect at the earliest time permitted by law.