As Passed by the Senate 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-SENATOR GILLMOR 9
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A B I L L
To amend sections 4121.01, 4121.02, 4121.03, 13
4121.09, 4121.10, 4121.34, 4121.35, and 4123.511, 14
and to enact new section 3317.015, and to repeal
section 3317.015 of the Revised Code to designate 15
the Chairperson of the Industrial Commission as 17
the Chief Executive Officer of the Commission; to 19
change the title of the chief administrative
officer of the Commission to executive director; 20
to specify the authority of the Chairperson; to 22
limit the authority of the members of the 23
Commission to rulemaking, appeals, 25
reconsiderations, and other adjudicatory powers; 26
to remove the requirement that the Commission 27
appoint district and staff hearing officers and 28
to require the Chairperson to obtain the approval 30
of at least one other Commission member prior to 31
hiring district and staff hearing officers; to 32
require the Governor to appoint the Chairperson; 34
to provide exceptions to deadlines for filing
appeals of claims with the Industrial Commission; 35
and to make appropriations for the Industrial 36
Commission for the biennium beginning July 1, 38
1997, and ending June 30, 1999. 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
Section 1. That sections 4121.01, 4121.02, 4121.03, 43
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4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 be amended and 44
new section 3317.015 of the Revised Code be enacted to read as 45
follows:
Sec. 3317.015. (A) IN ADDITION TO THE INFORMATION 47
CERTIFIED TO THE DEPARTMENT OF EDUCATION UNDER DIVISION (A) OF 48
SECTION 3317.021 OF THE REVISED CODE, THE TAX COMMISSIONER SHALL, 49
AT THE SAME TIME, CERTIFY THE FOLLOWING INFORMATION FOR EACH 50
CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT TO BE USED FOR 51
THE SAME PURPOSES AS DESCRIBED UNDER THAT DIVISION:
(1) THE SCHOOL DISTRICT'S CARRYOVER PROPERTY, AS DEFINED 53
IN SECTION 319.301 OF THE REVISED CODE, FOR THE PRECEDING TAX 54
YEAR;
(2) THE SCHOOL DISTRICT'S INCREASE IN CARRYOVER VALUATION, 56
IF ANY, BETWEEN THE SECOND PRECEDING TAX YEAR AND THE PRECEDING 57
TAX YEAR AS USED IN CALCULATING THE PERCENTAGE REDUCTION UNDER 58
SECTION 319.301 OF THE REVISED CODE.
(B) IN ANY FISCAL YEAR THE DEPARTMENT OF EDUCATION SHALL 60
CALCULATE EACH SCHOOL DISTRICT'S RECOGNIZED VALUATION IN THE 61
FOLLOWING MANNER: 62
(1) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A 64
REAPPRAISAL OR TRIENNIAL UPDATE OCCURRED IN THE PRECEDING TAX 65
YEAR, THE RECOGNIZED VALUATION EQUALS THE DISTRICT'S TOTAL 66
TAXABLE VALUE FOR THE PRECEDING TAX YEAR MINUS TWO-THIRDS TIMES 67
THE INCREASE IN THE CARRYOVER VALUE FROM THE SECOND PRECEDING TAX 68
YEAR TO THE PRECEDING TAX YEAR.
(2) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A 70
REAPPRAISAL OR TRIENNIAL UPDATE OCCURRED IN THE SECOND PRECEDING 71
TAX YEAR, THE RECOGNIZED VALUATION EQUALS THE DISTRICT'S TOTAL 72
TAXABLE VALUE FOR THE PRECEDING TAX YEAR MINUS ONE-THIRD TIMES 73
THE INCREASE IN THE CARRYOVER VALUE FROM THE THIRD PRECEDING TAX 74
YEAR TO THE SECOND PRECEDING TAX YEAR.
(3) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A 76
REAPPRAISAL OR TRIENNIAL UPDATE OCCURRED IN THE THIRD PRECEDING 77
TAX YEAR, THE RECOGNIZED VALUATION EQUALS THE DISTRICT'S TOTAL 78
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TAXABLE VALUE FOR THE PRECEDING TAX YEAR. 79
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 88
of the Revised Code: 89
(A)(1) "Place of employment" means every place, whether 91
indoors or out, or underground, and the premises appurtenant 92
thereto, where either temporarily or permanently any industry, 93
trade, or business is carried on, or where any process or 94
operation, directly or indirectly related to any industry, trade, 95
or business, is carried on and where any person is directly or 96
indirectly employed by another for direct or indirect gain or 97
profit, but does not include any place where persons are employed 98
in private domestic service or agricultural pursuits which do not 99
involve the use of mechanical power. 100
(B)(2) "Employment" means any trade, occupation, or 102
process of manufacture or any method of carrying on such trade, 103
occupation, or process of manufacture in which any person may be 104
engaged, except in such private domestic service or agricultural 105
pursuits as do not involve the use of mechanical power. 106
(C)(3) "Employer" means every person, firm, corporation, 108
agent, manager, representative, or other person having control or 109
custody of any employment, place of employment, or employee. 110
(D)(4) "Employee" means every person who may be required 112
or directed by any employer, in consideration of direct or 113
indirect gain or profit, to engage in any employment, or to go, 114
or work, or be at any time in any place of employment. 115
(E)(5) "Frequenter" means every person, other than an 117
employee, who may go in or be in a place of employment under 118
circumstances which render him THE PERSON other than a 119
trespasser. 120
(F)(6) "Deputy" means any person employed by the 122
industrial commission or the bureau of workers' compensation, 123
designated as a deputy by the commission or the administrator of 124
workers' compensation, who possesses special, technical, 125
scientific, managerial, professional, or personal abilities or 126
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qualities in matters within the jurisdiction of the commission or 127
the bureau, and who may be engaged in the performance of duties 128
under the direction of the commission or the bureau calling for 129
the exercise of such abilities or qualities. 130
(G)(7) "Order" means any decision, rule, regulation, 132
direction, requirement, or standard, or any other determination 133
or decision which THAT the bureau is empowered to and does make. 134
(H)(8) "General order" means an order which THAT applies 138
generally throughout the state to all persons, employments, or 139
places of employment, or all persons, employments, or places of 140
employment of a class under the jurisdiction of the bureau. All 141
other orders shall be considered special orders. 142
(I)(9) "Local order" means any ordinance, order, rule, or 144
determination of the legislative authority of any municipal 145
corporation, or any trustees, or board or officers of any 146
municipal corporation upon any matter over which the bureau has 148
jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral 150
well-being. 151
(K)(11) "Safe" or "safety," as applied to any employment 153
or a place of employment, means such freedom from danger to the 154
life, health, safety, or welfare of employees or frequenters as 155
the nature of the employment will reasonably permit, including 156
requirements as to the hours of labor with relation to the health 157
and welfare of employees. 158
(B) AS USED IN THE REVISED CODE: 161
(1) "INDUSTRIAL COMMISSION" MEANS THE CHAIRPERSON OF THE 163
THREE-MEMBER INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 164
4121.02 OF THE REVISED CODE WHEN THE CONTEXT REFERS TO THE 166
AUTHORITY VESTED IN THE CHAIRPERSON AS THE CHIEF EXECUTIVE
OFFICER OF THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO 167
DIVISIONS (A), (B), (C), AND (D) OF SECTION 4121.03 OF THE 172
REVISED CODE.
(2) "INDUSTRIAL COMMISSION" MEANS THE THREE-MEMBER 174
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INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 4121.02 OF THE 175
REVISED CODE WHEN THE CONTEXT REFERS TO THE AUTHORITY VESTED IN 177
THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO DIVISION (E) 178
OF SECTION 4121.03 OF THE REVISED CODE. 179
(3) "INDUSTRIAL COMMISSION" MEANS THE INDUSTRIAL 181
COMMISSION AS A STATE AGENCY WHEN THE CONTEXT REFERS TO THE 182
AUTHORITY VESTED IN THE INDUSTRIAL COMMISSION AS A STATE AGENCY. 184
Sec. 4121.02. (A) There is hereby created the industrial 193
commission. The commission shall consist of three members 194
appointed by the governor, with the advice and consent of the 195
senate. One member shall be an individual who, on account of 196
the individual's previous vocation, employment, or affiliations, 197
can be classed as a representative of employers; one shall be an 199
individual who, on account of the individual's previous vocation, 200
employment, or affiliations, can be classed as a representative 202
of employees; and one shall be an individual who, on account of 203
the individual's previous vocation, employment, or affiliations, 205
can be classed as a representative of the public. Each member 206
shall have not less than six OR MORE years of recognized 208
expertise in the field of workers' compensation, and at least one 209
member shall be an attorney registered to practice law in this 210
state. No more than two members of the industrial commission 211
shall belong to or be affiliated with the same political party. 212
(B) Within thirty days after the industrial commission 214
nominating council submits its list to the governor under 215
division (D) of this section, the governor shall make initial 216
appointments to the commission. Of the initial appointments, the 217
member who is a representative of employees shall serve a term 218
ending on June 30, 1995; the member who is a representative of 219
employers shall serve a term ending on June 30, 1997; and the 220
member who is a representative of the public shall serve a term 221
ending on June 30, 1999. Thereafter, terms of office are for six 222
years, beginning on the first day of July and ending on the 223
thirtieth day of June. 224
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(C) Each member shall hold office from the date of the 226
member's confirmation by the senate, as provided in division (E) 227
of this section, until the end of the term for which the member 228
was appointed, except that if a member has not been appointed by 229
the end of the term, the member shall remain in office until a 230
THE MEMBER'S successor takes office, or until a period of sixty 232
days has elapsed, whichever occurs first. However, if a member 233
is appointed to fill a full term subsequent to an initial 234
appointment, the term of office is as provided in division (B) of 235
this section. The governor shall not appoint any person to more 236
than two full six-year terms of office on the commission. This 237
restriction does not prevent the governor from appointing a 238
person to fill a vacancy caused by death, resignation, or removal 239
of a commission member, or from appointing that person twice to 240
full terms on the commission, or from appointing a person 241
previously appointed to fill less than a full term twice to full 242
terms on the commission. Except for the public member's tenure 243
as chairperson of the self-insuring employer's evaluation board, 244
a member of the commission shall hold no other public office or 245
position of trust or profit, engage in any other occupation or 246
business, or serve on any committee of any political party and 247
shall devote full time to the member's duties as a member of the 248
commission.
(D) In making appointments to the commission, the governor 250
shall select the members from the list of the names submitted by 251
the industrial commission nominating council pursuant to this 252
division. Within thirty days after the effective date of this 253
section, the nominating council shall submit to the governor for 255
the initial appointments a list containing three separate names 256
for the employer, employee, and public members to be filled. 257
Within seven days of the submission of the initial list, the 258
governor shall either appoint individuals from the list or
request the nominating council to submit another list of three 259
names for each member the governor has not appointed from the 260
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original list, which list the nominating council shall submit to 262
the governor within seven days of the governor's request. The
governor then shall appoint, within seven days of the submission 263
of the second list, individuals from either list to fill each 264
position for which the governor has not made an appointment from 265
the original list. Thereafter, within sixty days of a vacancy 266
occurring as a result of the expiration of a term and within 267
thirty days after other vacancies occurring on the commission, 268
the nominating council shall submit an initial list containing 269
three names for each vacancy. Within seven days of the 270
submission of the initial list, the governor shall either appoint 271
individuals from the list or request the nominating council to 272
submit another list of three names for each member the governor 273
has not appointed from the original list, which list the 274
nominating council shall submit to the governor within fourteen 275
days of the governor's request. The governor then shall appoint, 276
within seven days of the submission of the second list, one of 277
the individuals from either list to fill the vacancy for which 278
the governor has not made an appointment from the original list. 279
In order for a name of an individual to be submitted to the 280
governor under this division, the nominating council shall 281
approve the individual by an affirmative vote of not less than 282
two-thirds of its members. 283
(E) The governor shall notify the senate of the names of 285
the individuals for whom the governor is making the initial 286
appointments to the commission within thirty days after the 287
submission of the names to the governor by the industrial 288
commission nominating council under division (D) of this section. 289
For appointments subsequent to the initial appointments under 290
this division, if the appointment is to fill a member's term 291
which is to expire, the governor shall notify the senate of the 292
name of the individual to be appointed to fill that position by 293
no later than the first day of June of the year that the term is 294
to expire. For subsequent appointments to fill a vacancy on the 295
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commission occurring as a result of the death, resignation, or 296
removal of the commission member, the governor shall notify the 297
senate of the name of the individual to be appointed to fill the 298
remainder of that term within thirty days after the submission of 299
the names to the governor by the nominating council under 300
division (D) of this section. For all appointments, the senate 301
shall refer the matter to an appropriate standing committee for 302
consideration of the appointments, and the committee shall hold a 303
public hearing to consider the appointments. After conclusion of 304
the public hearing, the standing committee shall make its 305
recommendations to the senate. The senate shall not confirm any 306
appointee if the individual does not meet the qualifications of 307
division (A) of this section or if the individual has not been 308
approved by the industrial commission nominating council as 309
provided in division (D) of this section. If the full senate 310
fails to take a final vote on an appointment within thirty days 311
after the governor submits the names to the senate under this 312
division, the individual's appointment is deemed confirmed by the 313
senate and the individual shall take the office of commission 314
member subject to removal as provided in division (F) of this 315
section.
(F) The governor may remove or suspend a member of the 317
commission pursuant to section 3.04 of the Revised Code. The 318
governor shall notify the senate of any decision to remove or 319
suspend a commission member. The senate shall refer the matter 320
to an appropriate standing committee for consideration and the 321
committee shall hold a public hearing to consider the matter. At 322
the hearing, the governor or the governor's authorized 323
representative may present evidence and give testimony in support 324
of the decision. The commission member or the member's 325
authorized representatives may appear and present evidence and 326
testimony. After conclusion of the public hearing, the committee 327
shall make its recommendation to the senate. 328
Upon receipt of a recommendation from the standing 330
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committee, the senate shall vote on the issue of whether to 331
advise and consent to the removal or suspension of the member. 332
The senate shall vote on the matter within sixty legislative days 333
from the date the governor communicates the decision to remove or 335
suspend the member. 336
(G) The governor shall determine the compensation of the 338
members of the commission, based upon such facts as the governor 340
considers appropriate, provided that the salary of each member
shall be no less than seventy-five thousand dollars per year. In 342
addition, each commission member shall receive an annual salary 343
increase based upon the average salary increases of other state 344
department directors for that year, not to exceed five per cent 345
per year.
(H) Before entering upon the duties of office, each member 348
shall take and subscribe to the constitutional oath of office and 349
swear and affirm that the member holds no position under any 350
committee of a political party, which oath or affirmation the
member shall file in the office of the governor. Each member 351
shall give a bond in the sum of fifty thousand dollars, which 352
bond shall be approved by the governor and filed with the 353
treasurer of state. All employees or deputies of the commission 354
who receive or disburse state funds shall give a bond to the 355
state in the amounts and surety approved by the industrial 356
commission. 357
Sec. 4121.03. (A) The governor shall appoint FROM AMONG 366
THE MEMBERS OF THE INDUSTRIAL COMMISSION the initial chairperson 368
of the industrial commission at the time of making initial 370
appointments to the commission under section 4121.02 of the 371
Revised Code, who. THE CHAIRPERSON shall serve as chairperson 372
for a term of one year. Thereafter, the commission annually 373
shall elect one of its members as chairperson. No member shall 374
be appointed or elected as chairperson for more than three 375
consecutive one-year terms. A majority of the commission 377
constitutes a quorum to transact business. No vacancy impairs 378
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the rights of the remaining members to exercise all of the powers 379
of the commission, so long as a majority remains. Any 380
investigation, inquiry, or hearing that the commission may hold 381
or undertake may be held or undertaken by or before any one 382
member of the commission, or by or before one of the deputies of 383
the commission, except as otherwise provided in this chapter and 384
Chapters 4123., 4127., and 4131. of the Revised Code, and every 385
order made by a member, or by a deputy, when approved and 386
confirmed by a majority of the members, and so shown on its 387
record of proceedings, is the order of the commission AT THE 389
PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE HEAD OF THE 390
COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a secretary, 393
AFTER CONSULTATION WITH OTHER COMMISSION MEMBERS AND OBTAINING 394
THE APPROVAL OF AT LEAST ONE OTHER COMMISSION MEMBER, AN 395
EXECUTIVE DIRECTOR of the commission. THE EXECUTIVE DIRECTOR 397
SHALL SERVE AT THE PLEASURE OF THE CHAIRPERSON. The secretary 398
EXECUTIVE DIRECTOR, under the overall policy direction of the 401
commission CHAIRPERSON, shall perform all of the following
duties: 402
(1) Act as chief administrative officer for the 404
commission; 405
(2) Ensure that all commission personnel follow the rules 407
of the commission; 408
(3) Ensure that all orders, awards, and determinations are 410
properly heard and signed, prior to attesting to the documents; 411
(4) Coordinate, to the fullest extent possible, commission 413
activities with the bureau of workers' compensation activities; 414
(5) Do all things necessary for the efficient and 416
effective implementation of the duties of the commission. 417
The responsibilities assigned to the secretary EXECUTIVE 419
DIRECTOR of the commission do not relieve the members of the 421
commission CHAIRPERSON from final responsibility for the proper 422
performance of the acts specified in this division. 424
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(C) The commission CHAIRPERSON shall do all of the 426
following:
(1) Employ EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 428
EMPLOY, promote, supervise, and remove, AND ESTABLISH THE 430
COMPENSATION OF all employees as needed in connection with the 431
performance of its THE COMMISSION'S duties under this chapter and 433
Chapters 4123., 4127., and 4131. of the Revised Code and may 434
assign to them their duties to the extent necessary to achieve 435
the most efficient performance of its functions, and to that end 436
may establish, change, or abolish positions, and assign and 437
reassign duties and responsibilities of every employee of the 438
commission. The civil service status of any person employed by 439
the commission prior to November 3, 1989, is not affected by this 440
section. Personnel employed by the bureau or the commission who 441
are subject to Chapter 4117. of the Revised Code shall retain all 442
of their rights and benefits conferred pursuant to that chapter 443
as it presently exists or is hereafter amended and nothing in 444
this chapter or Chapter 4123. of the Revised Code shall be 445
construed as eliminating or interfering with Chapter 4117. of the 446
Revised Code or the rights and benefits conferred under that 447
chapter to public employees or to any bargaining unit. 448
(2) Establish the compensation of HIRE DISTRICT AND staff 450
hearing officers and their immediate supervisors and take 452
whatever steps are necessary to achieve adequate compensation for 453
other hearing officers AFTER CONSULTATION WITH OTHER COMMISSION 454
MEMBERS AND OBTAINING THE APPROVAL OF AT LEAST ONE OTHER 455
COMMISSION MEMBER;
(3) FIRE STAFF AND DISTRICT HEARING OFFICERS WHEN THE 457
CHAIRPERSON FINDS APPROPRIATE AFTER OBTAINING THE APPROVAL OF AT 458
LEAST ONE OTHER COMMISSION MEMBER; 459
(4) Maintain its THE office FOR THE COMMISSION in Columbus 463
and may hold sessions at any place within the state; 464
(4) Hear appeals and reconsiderations as provided in 466
section 4123.511 of the Revised Code; 467
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(5) To the maximum extent possible, use electronic data 469
processing equipment for the issuance of orders immediately 470
following a hearing, scheduling of hearings and medical 471
examinations, tracking of claims, retrieval of information, and 472
any other matter within the commission's jurisdiction, and shall 473
provide and input information into the electronic data processing 474
equipment as necessary to effect the success of the claims 475
tracking system established pursuant to division (B)(15) of 476
section 4121.121 of the Revised Code; 477
(6) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY POWERS 480
AND DUTIES CONFERRED UPON THE COMMISSION BY CHAPTERS 4121., 481
4123., 4127., AND 4131. OF THE REVISED CODE; 482
(7) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES. 484
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL 486
ADMINISTRATIVE MATTERS AND may secure for itself THE COMMISSION 488
facilities, equipment, and supplies necessary to house itself THE 489
COMMISSION, any employees, and files and records under its THE 491
COMMISSION'S control and to discharge any duty imposed upon it 493
THE COMMISSION by law, the expense thereof to be audited and paid 495
in the same manner as other state expenses. For that purpose, 496
the commission CHAIRPERSON, separately from the budget prepared 497
by the administrator of workers' compensation, shall prepare and 498
submit to the office of budget and management a budget for each 499
biennium according to sections 101.55 and 107.03 of the Revised 500
Code. The budget submitted shall cover the costs of the 501
commission and staff and district hearing officers in the 502
discharge of any duty imposed upon the CHAIRPERSON, THE 503
commission, and hearing officers by law. 504
(E) The commission is responsible for the establishment of 506
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO TRANSACT 508
BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE REMAINING MEMBERS 509
TO EXERCISE ALL OF THE POWERS OF THE COMMISSION, SO LONG AS A 510
MAJORITY REMAINS. ANY INVESTIGATION, INQUIRY, OR HEARING THAT 511
THE COMMISSION MAY HOLD OR UNDERTAKE MAY BE HELD OR UNDERTAKEN BY 512
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OR BEFORE ANY ONE MEMBER OF THE COMMISSION, OR BEFORE ONE OF THE 513
DEPUTIES OF THE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS 514
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE. 517
EVERY ORDER MADE BY A MEMBER, OR BY A DEPUTY, WHEN APPROVED AND 518
CONFIRMED BY A MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS 519
RECORD OF PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE 520
COMMISSION MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE 521
COMMISSION IS RESPONSIBLE FOR ALL OF THE FOLLOWING: 522
(1) ESTABLISHING the overall adjudicatory policy and 524
management of the commission under this chapter and Chapters 525
4123., 4127., and 4131. of the Revised Code, except for those 526
administrative matters within the jurisdiction of the 527
CHAIRPERSON, bureau of workers' compensation, and the 528
administrator of workers' compensation under those chapters; 529
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS 531
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE; 533
(3) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS CHAPTER 536
OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE. 537
Sec. 4121.09. The industrial commission shall have an 546
official seal for the authentication of its orders and 547
proceedings, upon which seal shall be engraved "The Industrial 548
Commission of Ohio," and such other design as the commission 549
prescribes. The courts in this state shall take judicial notice
of such seal, and in all cases copies of orders, proceedings, or 550
records in the office of the commission, certified by the 551
secretary EXECUTIVE DIRECTOR of the commission under its seal, 553
shall be equal to the original as evidence.
Sec. 4121.10. The industrial commission shall be in 562
continuous session and open for the transaction of business 563
during all business hours of every day excepting Sundays and 564
legal holidays. The sessions of the commission shall be open to 565
the public and shall stand and be adjourned without further
notice thereof on its record. All of the proceedings of the 566
commission shall be shown on its record, which shall be a public 567
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record, and all voting shall be had by calling the name of each 568
member of the industrial commission by the secretary EXECUTIVE 569
DIRECTOR, and each member's vote shall be recorded on the record 570
of proceedings as cast. The commission shall keep a separate 571
record of its proceedings relative to claims coming before it for 572
compensation for injured and the dependents of killed employees, 573
which record shall contain its findings and the award in each 574
such claim for compensation considered by it, and in all such 575
claims the reasons for the allowance or rejection thereof shall 576
be stated in said record.
Sec. 4121.34. (A) The industrial commission shall appoint 585
a sufficient number of district DISTRICT hearing officers for the 587
purpose of hearing SHALL HEAR the matters listed in division (B) 588
of this section. District hearing officers are in the classified 590
civil service of the state, are full-time employees of the 591
INDUSTRIAL commission, and shall be persons admitted to the 593
practice of law in this state. District hearing officers shall 594
not engage in any other activity that interferes with their 595
full-time employment by the commission during normal working 596
hours.
(B) District hearing officers shall have original 598
jurisdiction on all of the following matters: 599
(1) Determinations under section 4123.57 of the Revised 601
Code; 602
(2) All appeals from a decision of the administrator of 604
workers' compensation under division (B) of section 4123.511 of 605
the Revised Code; 606
(3) All other contested claims matters under this chapter 608
and Chapters 4123., 4127., and 4131. of the Revised Code, except 609
those matters over which staff hearing officers have original 610
jurisdiction. 611
(C) The administrator of workers' compensation shall make 613
available to each district hearing officer the facilities and 614
assistance of bureau employees and furnish all information 615
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necessary to the performance of the district hearing officer's 616
duties. 617
(D) A district hearing officer shall report to the 619
inspection division of the bureau of workers' compensation 620
suspected fraudulent activity pertaining to the operation of the 621
workers' compensation system and its several insurance funds as 622
evidenced during any hearing in which the hearing officer is
present or as evidenced by any material submitted for use in a 623
hearing. A district hearing officer shall be held harmless for 624
submitting a report under this division. The inspection division 625
shall maintain in confidence the identity of any hearing officer 626
who submits a report under this division.
Sec. 4121.35. (A) The industrial commission shall appoint 635
staff STAFF hearing officers to SHALL consider and decide all 637
matters specified in division (B) of this section. All staff 638
hearing officers are full-time employees of the INDUSTRIAL 639
commission and shall be admitted to the practice of law in this 641
state. Staff hearing officers shall not engage in any other 643
activity that interferes with their full-time employment by the 644
commission during normal working hours.
(B) Except as provided in division (D) of this section, 646
staff hearing officers have original jurisdiction to hear and 647
decide the following matters: 648
(1) Applications for permanent total impairment awards 650
pursuant to section 4123.58 of the Revised Code; 651
(2) Appeals from an order of a district hearing officer 653
issued under division (C) of section 4123.511 of the Revised 654
Code; 655
(3) Applications for additional awards for violation of a 657
specific safety rule of the administrator of workers' 658
compensation pursuant to Section 35 of Article II of the Ohio 659
Constitution; 660
(4) Reviews of settlement agreements pursuant to section 662
4123.65 of the Revised Code. Decisions of the staff hearing 663
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officer under that section are final and not appealable to the 664
commission or to court under section 4123.511 or 4123.512 of the 665
Revised Code. 666
(C) The decision of a staff hearing officer under division 668
(D) of section 4123.511 of the Revised Code is the decision of 669
the commission for the purposes of section 4123.512 of the 670
Revised Code unless the commission hears an appeal under division 671
(E) of section 4123.511 of the Revised Code. 672
(D) Staff hearing officers shall hold hearings on all 674
matters referred to them for hearing. Hearing procedures shall 675
conform to the rules the commission adopts pursuant to section 676
4121.36 of the Revised Code. 677
(E) A staff hearing officer shall report to the inspection 679
division of the bureau of workers' compensation suspected 680
fraudulent activity pertaining to the operation of the workers' 681
compensation system and its several insurance funds as evidenced 682
during any hearing which the the hearing officer is present or as 683
evidenced by any material submitted for use in a hearing. A
staff hearing officer shall be held harmless for submitting a 684
report under this division. The inspection division shall 685
maintain in confidence the identity of any hearing officer who 686
submits a report under this division.
Sec. 4123.511. (A) Within seven days after receipt of any 696
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 697
receipt of the claim and of the facts alleged therein. If the 698
bureau receives from a person other than the claimant written or 699
telecommunicated information indicating that an injury has 700
occurred or an occupational disease that may be compensable under 702
this chapter has been diagnosed by a licensed physician, the 703
bureau shall notify the employee and the employer of the 704
information. If the information is provided by any method of 705
telecommunication, the person providing the information shall 706
provide written verification of the information to the bureau 707
17
according to division (E) of section 4123.84 of the Revised Code. 708
The receipt of the information in writing, or if by a method of 709
telecommunications, the written verification, and the notice by 710
the bureau shall be considered an application for compensation 711
under section 4123.84 or 4123.85 of the Revised Code provided 712
that the conditions of division (E) of section 4123.84 of the 713
Revised Code apply to information provided by a method of 714
telecommunication. Upon receipt of a claim, the bureau shall 715
advise the claimant of the claim number assigned and the 716
claimant's right to representation in the processing of a claim 717
or to elect no representation. If the bureau determines that a 718
claim is determined to be a compensable lost time claim, the 719
bureau shall notify the claimant and the employer of the 720
availability of rehabilitation services. No bureau or industrial 721
commission employee shall directly or indirectly convey any 722
information in derogation of this right. This section shall in 723
no way abrogate the bureau's responsibility to aid and assist a 724
claimant in the filing of a claim and to advise the claimant of 725
the claimant's rights under the law.
The administrator of workers' compensation shall assign all 727
claims and investigations to the bureau service office from which 728
investigation and determination may be made most expeditiously. 729
The bureau shall investigate the facts concerning an injury 731
or occupational disease and ascertain such facts in whatever 732
manner is most appropriate and may obtain statements of the 733
employee, employer, attending physician, and witnesses in 734
whatever manner is most appropriate. 735
(B)(1) Except as provided in division (B)(2) of this 737
section, in claims other than those in which the employer is a 738
self-insuring employer, if the administrator determines under 739
division (A) of this section that a claimant is or is not 740
entitled to an award of compensation or benefits, the 741
administrator shall issue an order, no later than twenty-eight 744
days after the sending of the notice under division (A) of this 745
18
section, granting or denying the payment of the compensation or 746
benefits, or both as is appropriate to the claimant. 747
Notwithstanding the time limitation specified in this division
for the issuance of an order, if a medical examination of the 748
claimant is required by statute, the administrator promptly shall 749
schedule the claimant for that examination and shall issue an 750
order no later than twenty-eight days after receipt of the report 751
of the examination. The administrator shall notify the claimant 752
and the employer of the claimant and their respective 753
representatives in writing of the nature of the order and the 754
amounts of compensation and benefit payments involved. The 755
employer or claimant may appeal the order pursuant to division 756
(C) of this section within fourteen days after the date of the 757
receipt of the order. The employer and claimant may waive, in 758
writing, their rights to an appeal under this division. 759
(2) Notwithstanding the time limitation specified in 761
division (B)(1) of this section for the issuance of an order, if 762
the employer certifies a claim for payment of compensation or 763
benefits, or both, to a claimant, and the administrator has 764
completed the investigation of the claim, the payment of benefits 766
or compensation, or both, as is appropriate, shall commence upon 767
the later of the date of the certification or completion of the 768
investigation and issuance of the order by the administrator, 769
provided that the administrator shall issue the order no later 770
than the time limitation specified in division (B)(1) of this 771
section. 772
(3) If an appeal is made under division (B) of this 775
section, the administrator shall forward the claim file to the 776
appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the 777
administrator shall forward the claim within seven days of the 778
administrator's receipt of the claim to the commission, which 780
shall refer the claim to an appropriate district hearing officer 781
for a hearing in accordance with division (C) of this section. 782
19
(C) If an employer or claimant timely appeals the order of 784
the administrator issued under division (B) of this section or in 785
the case of other contested claims other than state fund claims, 786
the commission shall refer the claim to an appropriate district 787
hearing officer according to rules the commission adopts under 788
section 4121.36 of the Revised Code. The district hearing 789
officer shall notify the parties and their respective 790
representatives of the time and place of the hearing. 791
The district hearing officer shall hold a hearing on a 793
disputed issue or claim within forty-five days after the filing 795
of the appeal under this division and issue a decision within 796
seven days after holding the hearing. The district hearing 797
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 799
order issued under this division pursuant to division (D) of this 800
section within fourteen days after receipt of the order under 801
this division. 802
(D) Upon the timely filing of an appeal of the order of 804
the district hearing officer issued under division (C) of this 805
section, the commission shall refer the claim file to an 806
appropriate staff hearing officer according to its rules adopted 807
under section 4121.36 of the Revised Code. The staff hearing 808
officer shall hold a hearing within forty-five days after the 809
filing of an appeal under this division and issue a decision 810
within seven days after holding the hearing under this division. 813
The staff hearing officer shall notify the parties and their 814
respective representatives in writing of the staff hearing
officer's order. Any party may appeal an order issued under this 816
division pursuant to division (E) of this section within fourteen 817
days after receipt of the order under this division. 818
(E) Upon the filing of a timely appeal of the order of the 820
staff hearing officer issued under division (D) of this section, 821
the commission or a designated staff hearing officer, on behalf 822
of the commission, shall determine whether the commission will 824
20
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 826
designated staff hearing officer shall notify the parties and 827
their respective representatives in writing of the time and place 828
of the hearing. The commission shall hold the hearing within 829
forty-five days after the filing of the notice of appeal and, 830
within seven days after the conclusion of the hearing, the 831
commission shall issue its order affirming, modifying, or 832
reversing the order issued under division (D) of this section. 833
The commission shall notify the parties and their respective 834
representatives in writing of the order. If the commission or 835
the designated staff hearing officer determines not to hear the 836
appeal, within fourteen days after the filing of the notice of 837
appeal, the commission or the designated staff hearing officer 838
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 839
Except as otherwise provided in this chapter and Chapters 841
4121., 4127., and 4131. of the Revised Code, any party may appeal 842
an order issued under this division to the court pursuant to 843
section 4123.512 of the Revised Code within sixty days after 844
receipt of the order, subject to the limitations contained in 845
that section. 846
(F) Every notice of an appeal from an order issued under 848
divisions (B), (C), (D), and (E) of this section shall state the 849
names of the claimant and employer, the number of the claim, the 850
date of the decision appealed from, and the fact that the 851
appellant appeals therefrom. 852
(G) All of the following apply to the proceedings under 854
divisions (C), (D), and (E) of this section: 855
(1) The parties shall proceed promptly and without 857
continuances except for good cause; 858
(2) The parties, in good faith, shall engage in the free 860
exchange of information relevant to the claim prior to the 861
conduct of a hearing according to the rules the commission adopts 862
21
under section 4121.36 of the Revised Code; 863
(3) The administrator is a party and may appear and 865
participate at all administrative proceedings on behalf of the 866
state insurance fund. However, in cases in which the employer is 867
represented, the administrator shall neither present arguments 868
nor introduce testimony that is cumulative to that presented or 869
introduced by the employer or the employer's representative. The 870
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 871
section 4123.343 of the Revised Code, the administrator only may 872
appeal questions of law or issues of fraud when the employer 873
appears in person or by representative.
(H) Except as provided in division (J) of this section, 875
payments of compensation to a claimant or on behalf of a claimant 876
as a result of any order issued under this chapter shall commence 877
upon the earlier of the following: 878
(1) Fourteen days after the date the administrator issues 880
an order under division (B) of this section, unless that order is 881
appealed; 882
(2) The date when the employer has waived the right to 884
appeal a decision issued under division (B) of this section; 885
(3) If no appeal of an order has been filed under this 887
section or to a court under section 4123.512 of the Revised Code, 888
the expiration of the time limitations for the filing of an 889
appeal of an order; 890
(4) Twenty-one days after the date of receipt by the 892
employer of an order of a district hearing officer, a staff 893
hearing officer, or the industrial commission issued under 895
division (C), (D), or (E) of this section. 896
(I) No medical benefits payable under this chapter or 898
Chapter 4121., 4127., or 4131. of the Revised Code are payable 899
until the earlier of the following: 900
(1) The date of the issuance of the staff hearing 902
officer's order under division (D) of this section; 903
22
(2) The date of the final administrative or judicial 905
determination. 906
(J) Upon the final administrative or judicial 908
determination, if a claimant is found to have received 909
compensation to which the claimant was not entitled, the 911
claimant's employer, if a self-insuring employer, or the bureau, 912
shall withhold from any amount to which the claimant becomes 913
entitled pursuant to any claim, past, present, or future, under 914
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 915
amount to which the claimant was not entitled pursuant to the 916
following criteria:
(1) No withholding for the first twelve weeks of temporary 918
total disability compensation pursuant to section 4123.56 of the 919
Revised Code shall be made; 920
(2) Forty per cent of all awards of compensation paid 922
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 923
until the amount overpaid is refunded; 924
(3) Twenty-five per cent of any compensation paid pursuant 926
to section 4123.58 of the Revised Code until the amount overpaid 927
is refunded; 928
(4) If, pursuant to an appeal under section 4123.512 of 930
the Revised Code, the court of appeals or the supreme court 931
reverses the allowance of the claim, then no amount of any 932
compensation will be withheld. 933
(K) If a staff hearing officer or the commission fails to 935
issue a decision or the commission fails to refuse to hear an 936
appeal within the time periods required by this section, payments 937
to a claimant shall cease until the staff hearing officer or 938
commission issues a decision or hears the appeal, unless the 939
failure was due to the fault or neglect of the employer or the 940
employer agrees that the payments should continue for a longer 941
period of time. 942
(L) Except as OTHERWISE provided in THIS SECTION OR 944
section 4123.522 of the Revised Code, no appeal is timely filed 946
23
under this section unless the appeal is filed with the time 947
limits set forth in this section.
(M) No person who is not an employee of the bureau or 949
commission or who is not by law given access to the contents of a 950
claims file shall have a file in the person's possession. 951
(N) UPON APPLICATION OF A PARTY WHO RESIDES IN AN AREA IN 954
WHICH AN EMERGENCY OR DISASTER IS DECLARED, THE INDUSTRIAL 955
COMMISSION AND HEARING OFFICERS OF THE COMMISSION MAY WAIVE THE 956
TIME FRAME WITHIN WHICH CLAIMS AND APPEALS OF CLAIMS SET FORTH IN 957
THIS SECTION MUST BE FILED UPON A FINDING THAT THE APPLICANT WAS 958
UNABLE TO COMPLY WITH A FILING DEADLINE DUE TO AN EMERGENCY OR A 959
DISASTER.
AS USED IN THIS DIVISION: 961
(1) "EMERGENCY" MEANS ANY OCCASION OR INSTANCE FOR WHICH 963
THE GOVERNOR OF OHIO OR THE PRESIDENT OF THE UNITED STATES 965
PUBLICLY DECLARES AN EMERGENCY AND ORDERS STATE OR FEDERAL 966
ASSISTANCE TO SAVE LIVES AND PROTECT PROPERTY, THE PUBLIC HEALTH 967
AND SAFETY, OR TO LESSEN OR AVERT THE THREAT OF A CATASTROPHE. 968
(2) "DISASTER" MEANS ANY NATURAL CATASTROPHE OR FIRE, 970
FLOOD, OR EXPLOSION, REGARDLESS OF THE CAUSE, THAT CAUSES DAMAGE 971
OF SUFFICIENT MAGNITUDE THAT THE GOVERNOR OF OHIO OR THE 972
PRESIDENT OF THE UNITED STATES, THROUGH A PUBLIC DECLARATION, 974
ORDERS STATE OR FEDERAL ASSISTANCE TO ALLEVIATE DAMAGE, LOSS, 975
HARDSHIP, OR SUFFERING THAT RESULTS FROM THE OCCURRENCE. 976
Section 2. That existing sections 4121.01, 4121.02, 978
4121.03, 4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 and 979
section 3317.015 of the Revised Code are hereby repealed. 982
Section 3. All items in this section are hereby 984
appropriated out of any moneys in the state treasury to the 985
credit of the designated fund. For all appropriations made in 986
this section, those in the first column are for fiscal year 1998, 987
and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION 988
FND ALI ALI TITLE FY 1998 FY 1999 990
24
Workers' Compensation Fund Group 992
023 845-321 Operating Expenses $ 42,470,433 $ 44,627,357 997
023 845-410 Attorney General 999
Payments $ 2,358,762 $ 2,551,421 1,001
023 845-402 Rent - William Green 1,003
Building $ 4,448,792 $ 4,573,358 1,005
821 845-605 Service Account $ 176,258 $ 181,196 1,009
TOTAL WCF Workers' Compensation 1,010
Fund Group $ 49,454,245 $ 51,933,332 1,013
TOTAL ALL BUDGET FUND GROUPS $ 49,454,245 $ 51,933,332 1,016
Rent - William Green Building 1,019
The foregoing appropriation item 845-402, Rent - William 1,021
Green Building, shall be used for rent and operating expenses for 1,022
the space occupied by the Industrial Commission in the William 1,023
Green Building.
Service Account 1,025
The foregoing appropriation item 845-605, Service Account, 1,027
shall be used for any expense related to funds collected and 1,028
deposited in Fund 821, such as coin copier expense, coin changer 1,029
purchases, expenses related to conferences that produce revenue, 1,030
publications that produce revenue, and replacement of furniture 1,031
and equipment.
Section 4. Within the limits set forth in this act, the 1,033
Director of Budget and Management shall establish accounts 1,034
indicating the source and amount of funds for each appropriation 1,035
made in this act, and shall determine the form and manner in 1,036
which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all 1,038
provisions of H.B. 215 of the 122nd General Assembly that are 1,039
generally applicable to such appropriations. 1,040
Section 5. Reissuance of Voided Warrants 1,042
In order to provide funds for the reissuance of voided 1,044
warrants pursuant to section 117.47 of the Revised Code, there is 1,045
hereby appropriated, out of moneys in the state treasury from the 1,046
25
fund credited as provided in section 117.47 of the Revised Code, 1,047
that amount sufficient to pay such warrants when approved by the 1,048
Office of Budget and Management.
Section 6. Judgments Against State 1,050
Any appropriations contained in this act, except those to 1,052
be applied to or used for payment of guarantees by or on behalf 1,053
of the state or for debt service on bonds, notes, or certificates 1,054
of participation, may be used pursuant to section 2743.15, 1,055
2743.19, or 2743.191 of the Revised Code for the purpose of 1,056
satisfying judgments, settlements, or administrative awards
ordered or approved by the Court of Claims in connection with 1,057
civil actions against the state. 1,058
Section 7. Reappropriation of Unexpended Balances 1,060
Notwithstanding section 131.33 of the Revised Code, 1,062
unexpended balances of appropriations and reappropriations 1,063
against which encumbrances have been lawfully incurred by a state 1,064
agency are, at the close of fiscal year 1997, to the extent of 1,065
such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, 1,066
except for encumbrances for items of special order manufacture 1,067
not available on term contract or open market, made available for 1,068
the purpose of discharging such encumbrances for a period of five 1,069
months from the end of the fiscal year. Unexpended balances of 1,070
appropriations and reappropriations against which encumbrances 1,071
for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, 1,072
at the close of the fiscal year, to the extent of such 1,073
encumbrances, hereby reappropriated and made available for the 1,074
purpose of discharging such encumbrances for a period of five 1,075
months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than 1,076
twelve months from the end of the fiscal year. 1,077
Any items for which unexpended balances are reappropriated 1,079
beyond a five-month period from the end of the fiscal year shall 1,080
26
be reported to the Controlling Board by the Director of Budget 1,081
and Management. The report on each such item shall include the 1,082
item, the cost of the item, the vendor involved, and the delivery 1,083
date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open. 1,084
After any such period, reappropriations made for the 1,086
purpose of discharging encumbrances for operating expenses, 1,087
defined as those encumbrances incurred for personal services, 1,088
maintenance, and equipment, are canceled. Reappropriations for 1,089
encumbrances other than operating expenses or items of special 1,090
manufacture not available on term contract or in the open market
may be extended by obtaining the approval of the Director of 1,091
Budget and Management. 1,092
Section 8. The Chairperson of the Industrial Commission 1,094
shall on or before December 31, 1997, and subsequently on or 1,096
before June 30, 1998, December 31, 1998, and June 30, 1999, 1,097
prepare and present a report to the chairperson and ranking
members of the standing committees of the House of 1,098
Representatives and Senate to which matters dealing with workers' 1,099
compensation and the Industrial Commission are normally referred, 1,100
and to ranking members of both committees. Each report shall 1,101
contain information relative to the number of cases disposed of 1,102
in the immediately preceding six-month period, the number of 1,103
cases pending, and the number of cases on appeal as well as the 1,104
efforts the Commission has made in maintaining and improving 1,105
communication with the Administrator of Workers' Compensation and 1,106
the Bureau of Workers' Compensation.
Section 9. If any item of law that constitutes the whole 1,108
or part of a codified or uncodified section of law contained in 1,109
this act, or if any application of any item of law that 1,110
constitutes the whole or part of a codified or uncodified section 1,111
of law contained in this act, is held invalid, the invalidity 1,112
does not affect other items of law or applications of items of 1,113
law that can be given effect without the invalid item of law or 1,114
27
application. To this end, the items of law of which the codified 1,115
and uncodified sections of law contained in this act are 1,116
composed, and their applications, are independent and severable.
Section 10. Except as otherwise specifically provided in 1,118
this act, the codified and uncodified sections of law contained 1,120
in this act, and the items of law of which the codified and 1,121
uncodified sections of law contained in this act are composed, 1,123
are not subject to the referendum. Therefore, under Ohio 1,124
Constitution, Article II, Section 1d and section 1.471 of the 1,125
Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 1,126
and uncodified sections of law contained in this act are 1,128
composed, go into immediate effect when this act becomes law. 1,129
Section 11. Sections 4121.01, 4121.02, 4121.03, 4121.34, 1,131
and 4121.35 of the Revised Code, as amended by this act, and the 1,132
items of law of which such sections of the Revised Code, as 1,133
amended by this act, are composed, are subject to the referendum. 1,134
Therefore, under Ohio Constitution, Article II, Section 1c and 1,135
section 1.471 of the Revised Code, such sections as amended by 1,136
this act, and the items of law of which such sections as amended 1,137
by this act are composed, take effect on the ninety-first day 1,138
after this act is filed with the Secretary of State. If, 1,139
however, a referendum petition is filed against any such section 1,140
as amended by this act, or against any item of law of which any 1,141
such section as amended by this act is composed, the section as 1,142
amended, or item of law, unless rejected at the referendum, takes 1,144
effect at the earliest time permitted by law.
Section 12. Section 4123.511 of the Revised Code is 1,146
amended by this act and also by Am. Sub. S.B. 45 of the 122nd 1,147
General Assembly (effective July 22, 1997). The amendments of 1,148
Am. Sub. S.B. 45 are included in lower case to confirm the 1,149
intention to retain them, but are not intended to be effective 1,150
until July 22, 1997.