As Reported by the House Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 478 5
1997-1998 6
REPRESENTATIVES CORBIN-HODGES-GARCIA-O'BRIEN-BRADING- 8
SCHULER-TERWILLEGER-LAWRENCE-BOYD 9
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A B I L L
To amend sections 2743.55, 4141.01, 4141.05, 13
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 14
4141.20, 4141.21, 4141.22, 4141.24, 4141.241, 15
4141.25, 4141.26, 4141.28, 4141.29, 4141.291, 16
4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 17
and to repeal sections 4141.043 and 4141.251 of 19
the Revised Code to make changes in the 20
determination of benefits by the Administrator of 21
the Bureau of Employment Services, to make 22
changes in the appeals process for unemployment 23
compensation claims, to clarify when an employer 25
receives an experience-rated unemployment tax 26
rate, to change the notice requirements for 27
employers, to modify the provisions regarding 28
seasonal employment, to permit the Bureau to 29
charge the mutualized account when there is no 30
other account to which benefits may be charged, 31
to specify that all information maintained by the 32
Administrator is confidential, to authorize the 33
acceptance of reports required from employers and 34
unemployment claims from claimants by electronic 35
means, to delete the calendar year 1990 costs of 37
automation surcharge on all employers, to provide 38
that the Bureau receives legal process in child 39
support enforcement matters rather than the 40
Department of Human Services, to include limited 41
liability companies in the definition of 42
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"employer," to change the definition of 44
independent contractor, to make conforming 45
changes in response to changes in the Federal 46
Unemployment Tax Act, and to make other changes 47
in the Unemployment Compensation Law. 48
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 2743.55, 4141.01, 4141.05, 52
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 4141.21, 54
4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 4141.29, 55
4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and 4141.43 of
the Revised Code be amended to read as follows: 58
Sec. 2743.55. (A) A single commissioner or a panel of 67
court of claims commissioners shall hear and determine all 68
matters relating to claims for an award of reparations. A claim 69
for an award of reparations shall not be heard and determined 70
until the expiration of the time allowed for the claimant to 71
respond to the attorney general's finding of fact and 72
recommendation for the claim. A single commissioner or a panel 73
of commissioners may order law enforcement officers to provide 74
them with copies of any information or data gathered in the 75
investigation of the criminally injurious conduct that is the 76
basis of any claim to enable the commissioners to determine 77
whether, and the extent to which, a claimant qualifies for an 78
award of reparations. 79
Any reference in sections 2743.51 to 2743.72 of the Revised 81
Code to action by more than a single commissioner means action by 82
a panel of commissioners. A panel shall consist of three 83
commissioners who may only proceed upon a majority vote. 84
(B) The court of claims commissioners shall sit in 86
Franklin county. A single commissioner or any panel of 87
commissioners, pursuant to rules adopted by the chief justice of 88
the supreme court, may sit and hear claims for an award of 89
reparations at any other location in the state. 90
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(C) Each claim for an award of reparations shall be heard 92
by a single commissioner. The commissioner may determine the 93
claim and make an award administratively without a hearing. If a 94
claimant or the attorney general objects to the determination or 95
award made by a single commissioner and files an objection with 96
the clerk within thirty days after journalization of the order of 97
the commissioner, the claim shall be heard by a panel of three 98
commissioners who shall make an award or deny the claim upon a 99
majority vote. 100
(D) If a claimant files a claim for an award of 102
reparations based upon unemployment benefits loss and if the 103
eligibility of the claimant for unemployment benefits is the 104
subject of a request for reconsideration or an appeal that has 105
not been finally determined pursuant to division (Q) of section 106
4141.28 of the Revised Code, a single commissioner or a panel of 107
court of claims commissioners that is hearing the claimant's 108
claim for an award of reparations shall not make a determination 109
of that claim, until after the claimant's eligibility for 110
unemployment benefits pursuant to Chapter 4141. of the Revised 111
Code has been finally determined pursuant to division (Q) of 112
section 4141.28 of the Revised Code. 113
(E) The supreme court may promulgate rules to implement 115
sections 2743.51 to 2743.72 of the Revised Code, which may 116
include rules for the allowance of attorney's fees, the procedure 117
for hearing claims by a single commissioner or by a panel of 118
court of claims commissioners, and the procedure for hearing 119
appeals from decisions of the court of claims commissioners. 120
Sec. 4141.01. As used in this chapter, unless the context 129
otherwise requires: 130
(A)(1) "Employer" means the state, its instrumentalities, 132
its political subdivisions and their instrumentalities, and any 133
individual or type of organization including any partnership, 134
LIMITED LIABILITY COMPANY, association, trust, estate, 135
joint-stock company, insurance company, or corporation, whether 137
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domestic or foreign, or the receiver, trustee in bankruptcy, 138
trustee, or the successor thereof, or the legal representative of 139
a deceased person who subsequent to December 31, 1971, or in the 140
case of political subdivisions or their instrumentalities, 141
subsequent to December 31, 1973: 142
(a) Had in employment at least one individual, or in the 144
case of a nonprofit organization, subsequent to December 31, 145
1973, had not less than four individuals in employment for some 146
portion of a day in each of twenty different calendar weeks, in 147
either the current or the preceding calendar year whether or not 148
the same individual was in employment in each such day; or 149
(b) Except for a nonprofit organization, had paid for 151
service in employment wages of fifteen hundred dollars or more in 152
any calendar quarter in either the current or preceding calendar 153
year; or 154
(c) Had paid, subsequent to December 31, 1977, for 156
employment in domestic service in a local college club, or local 157
chapter of a college fraternity or sorority, cash remuneration of 158
one thousand dollars or more in any calendar quarter in the 159
current calendar year or the preceding calendar year, or had paid 160
subsequent to December 31, 1977, for employment in domestic 161
service in a private home cash remuneration of one thousand 162
dollars in any calendar quarter in the current calendar year or 164
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 166
this section, there shall not be taken into account any wages 167
paid to, or employment of, an individual performing domestic 168
service as described in this division. 169
(ii) An employer under this division shall not be an 171
employer with respect to wages paid for any services other than 172
domestic service unless the employer is also found to be an 173
employer under division (A)(1)(a), (b), or (d) of this section. 174
(d) As a farm operator or a crew leader subsequent to 176
December 31, 1977, had in employment individuals in agricultural 177
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labor; and 178
(i) During any calendar quarter in the current calendar 180
year or the preceding calendar year, paid cash remuneration of 181
twenty thousand dollars or more for the agricultural labor; or 182
(ii) Had at least ten individuals in employment in 184
agricultural labor, not including such labor when performed 185
before January 1, 1980, by an alien AGRICULTURAL WORKERS WHO ARE 186
ALIENS ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL 187
LABOR PURSUANT TO SECTIONS 214(e) AND 101(a)(15)(H) OF THE 189
"IMMIGRATION AND NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 190
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 192
twenty different calendar weeks, in either the current or 193
preceding calendar year whether or not the same individual was in 194
employment in each day; or
(e) Is not otherwise an employer as defined under division 196
(A)(1)(a) or (b) of this section; and 197
(i) For which, within either the current or preceding 199
calendar year, service, except for domestic service in a private 200
home not covered under division (A)(1)(c) of this section, is or 201
was performed with respect to which such employer is liable for 202
any federal tax against which credit may be taken for 203
contributions required to be paid into a state unemployment fund; 204
(ii) Which, as a condition for approval of this chapter 206
for full tax credit against the tax imposed by the "Federal 207
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, is 209
required, pursuant to such act to be an employer under this 210
chapter; or 211
(iii) Who became an employer by election under division 213
(A)(4) or (5) of this section and for the duration of such 214
election; or 215
(f) In the case of the state, its instrumentalities, its 217
political subdivisions, and their instrumentalities, had in 218
employment, as defined in division (B)(2)(a) of this section, at 219
least one individual; 220
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(g) For the purposes of division (A)(1)(a) of this 222
section, if any week includes both the thirty-first day of 223
December and the first day of January, the days of that week 224
before the first day of January shall be considered one calendar 225
week and the days beginning the first day of January another 226
week. 227
(2) Each individual employed to perform or to assist in 229
performing the work of any agent or employee of an employer is 230
employed by such employer for all the purposes of this chapter, 231
whether such individual was hired or paid directly by such 232
employer or by such agent or employee, provided the employer had 233
actual or constructive knowledge of the work. All individuals 234
performing services for an employer of any person in this state 235
who maintains two or more establishments within this state are 236
employed by a single employer for the purposes of this chapter. 237
(3) An employer subject to this chapter within any 239
calendar year is subject to this chapter during the whole of such 240
year and during the next succeeding calendar year. 241
(4) An employer not otherwise subject to this chapter who 243
files with the administrator of the bureau of employment services 244
a written election to become an employer subject to this chapter 246
for not less than two calendar years shall, with the written 247
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 248
employers as of the date stated in such approval, and shall cease 249
to be subject to this chapter as of the first day of January of 250
any calendar year subsequent to such two calendar years only if 251
at least thirty days prior to such first day of January the 252
employer has filed with the administrator a written notice to 253
that effect.
(5) Any employer for whom services that do not constitute 255
employment are performed may file with the administrator a 256
written election that all such services performed by individuals 257
in the employer's employ in one or more distinct establishments 258
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or places of business shall be deemed to constitute employment 259
for all the purposes of this chapter, for not less than two 260
calendar years. Upon written approval of the election by the 261
administrator, such services shall be deemed to constitute 262
employment subject to this chapter from and after the date stated 263
in such approval. Such services shall cease to be employment 264
subject to this chapter as of the first day of January of any 265
calendar year subsequent to such two calendar years only if at 266
least thirty days prior to such first day of January such 267
employer has filed with the administrator a written notice to 268
that effect.
(B)(1) "Employment" means: 270
(a) Service SERVICE performed BY AN INDIVIDUAL for wages 273
REMUNERATION under any contract of hire, written or oral, express 274
or implied, including service performed in interstate commerce 275
and service performed by an officer of a corporation, without 276
regard to whether such service is executive, managerial, or 277
manual in nature, and without regard to whether such officer is a 278
stockholder or a member of the board of directors of the 279
corporation;
(b) Services performed by an individual for remuneration, 281
unless it is shown to the satisfaction of the administrator that 282
such individual: 283
(i) Has HAS been and will continue to be free from control 285
or direction OR CONTROL over the performance of such service, 286
both under a contract of service and in fact; 288
(ii) That such service is outside the usual course of the 290
business for which service is performed; and 291
(iii) That such individual is customarily engaged in an 293
independently established trade, occupation, profession, or 294
business. THE ADMINISTRATOR SHALL ADOPT RULES TO DEFINE 295
"DIRECTION OR CONTROL." 296
(2) "Employment" includes: 298
(a) Service performed after December 31, 1977, by an 300
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individual in the employ of the state or any of its 301
instrumentalities, or any political subdivision thereof or any of 302
its instrumentalities or any instrumentality of more than one of 303
the foregoing or any instrumentality of any of the foregoing and 304
one or more other states or political subdivisions and without 305
regard to divisions (A)(1)(a) and (b) of this section, provided 306
that such service is excluded from employment as defined in the 307
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 308
3306(c)(7) and is not excluded under division (B)(3) of this 309
section; or the services of employees covered by voluntary 310
election, as provided under divisions (A)(4) and (5) of this 311
section; 312
(b) Service performed after December 31, 1971, by an 314
individual in the employ of a religious, charitable, educational, 315
or other organization which is excluded from the term 316
"employment" as defined in the "Federal Unemployment Tax Act," 84 317
Stat. 713, 26 U.S.C.A. 3301 TO 3311, solely by reason of section 319
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 320
division (B)(3) of this section; 321
(c) Domestic service performed after December 31, 1977, 323
for an employer, as provided in division (A)(1)(c) of this 324
section; 325
(d) Agricultural labor performed after December 31, 1977, 327
for a farm operator or a crew leader, as provided in division 328
(A)(1)(d) of this section; 329
(e) Service not covered under division (B)(1)(b) of this 331
section which is performed after December 31, 1971: 332
(i) As an agent-driver or commission-driver engaged in 334
distributing meat products, vegetable products, fruit products, 335
bakery products, beverages other than milk, laundry, or 336
dry-cleaning services, for the individual's employer or 337
principal; 338
(ii) As a traveling or city salesperson, other than as an 340
agent-driver or commission-driver, engaged on a full-time basis 341
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in the solicitation on behalf of and in the transmission to the 343
salesperson's employer or principal except for sideline sales 344
activities on behalf of some other person of orders from 345
wholesalers, retailers, contractors, or operators of hotels, 346
restaurants, or other similar establishments for merchandise for 347
resale, or supplies for use in their business operations, 348
provided that for the purposes of this division (B)(2)(e)(ii) of 349
this section, the services shall be deemed employment if the 350
contract of service contemplates that substantially all of the 351
services are to be performed personally by the individual and 352
that the individual does not have a substantial investment in 353
facilities used in connection with the performance of the 354
services other than in facilities for transportation, and the 355
services are not in the nature of a single transaction that is 356
not a part of a continuing relationship with the person for whom 357
the services are performed. 358
(f) An individual's entire service performed within or 360
both within and without the state if: 361
(i) The service is localized in this state. 363
(ii) The service is not localized in any state, but some 365
of the service is performed in this state and either the base of 366
operations, or if there is no base of operations then the place 367
from which such service is directed or controlled, is in this 368
state or the base of operations or place from which such service 369
is directed or controlled is not in any state in which some part 370
of the service is performed but the individual's residence is in 371
this state. 372
(g) Service not covered under division (B)(2)(f)(ii) of 374
this section and performed entirely without this state, with 375
respect to no part of which contributions are required and paid 376
under an unemployment compensation law of any other state, the 377
Virgin Islands, Canada, or of the United States, if the 378
individual performing such service is a resident of this state 379
and the administrator of the bureau of employment services 380
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approves the election of the employer for whom such services are 381
performed; or, if the individual is not a resident of this state 383
but the place from which the service is directed or controlled is 384
in this state, the entire services of such individual shall be 385
deemed to be employment subject to this chapter, provided service 386
is deemed to be localized within this state if the service is 387
performed entirely within this state or if the service is 388
performed both within and without this state but the service 389
performed without this state is incidental to the individual's 390
service within the state, for example, is temporary or transitory 391
in nature or consists of isolated transactions; 392
(h) Service of an individual who is a citizen of the 394
United States, performed outside the United States except in 395
Canada after December 31, 1971, or the Virgin Islands, after 396
December 31, 1971, and before the first day of January of the 397
year following that in which the United States secretary of labor 398
approves the Virgin Islands law for the first time, in the employ 399
of an American employer, other than service which is "employment" 400
under divisions (B)(2)(f) and (g) of this section or similar 401
provisions of another state's law, if: 402
(i) The employer's principal place of business in the 404
United States is located in this state; 405
(ii) The employer has no place of business in the United 407
States, but the employer is an individual who is a resident of 408
this state; or the employer is a corporation which is organized 409
under the laws of this state, or the employer is a partnership or 410
a trust and the number of partners or trustees who are residents 411
of this state is greater than the number who are residents of any 412
other state; or 413
(iii) None of the criteria of divisions (B)(2)(f)(i) and 415
(ii) of this section is met but the employer has elected coverage 416
in this state or the employer having failed to elect coverage in 417
any state, the individual has filed a claim for benefits, based 418
on such service, under this chapter. 419
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(i) For the purposes of division (B)(2)(h) of this 421
section, the term "American employer" means an employer who is an 422
individual who is a resident of the United States; or a 423
partnership, if two-thirds or more of the partners are residents 424
of the United States; or a trust, if all of the trustees are 425
residents of the United States; or a corporation organized under 426
the laws of the United States or of any state, provided the term 427
"United States" includes the states, the District of Columbia, 428
the Commonwealth of Puerto Rico, and the Virgin Islands. 429
(j) Notwithstanding any other provisions of divisions 431
(B)(1) and (2) of this section, service, except for domestic 432
service in a private home not covered under division (A)(1)(c) of 433
this section, with respect to which a tax is required to be paid 434
under any federal law imposing a tax against which credit may be 435
taken for contributions required to be paid into a state 436
unemployment fund, or service, except for domestic service in a 437
private home not covered under division (A)(1)(c) of this 438
section, which, as a condition for full tax credit against the 439
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 440
26 U.S.C.A. 3301 TO 3311, is required to be covered under this 441
chapter. 442
(k) Construction services performed by any individual 444
under a construction contract, as defined in section 4141.39 of 445
the Revised Code, if the administrator determines that the 446
employer for whom services are performed has the right to direct 448
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 449
services performed. The administrator shall presume that the 450
employer for whom services are performed has the right to direct 451
or control the performance of the services if ten or more of the 452
following criteria apply:
(i) The employer directs or controls the manner or method 455
by which instructions are given to the individual performing
services; 456
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(ii) The employer requires particular training for the 459
individual performing services;
(iii) Services performed by the individual are integrated 462
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 465
particular individual;
(v) The employer hires, supervises, or pays the wages of 468
the individual performing services;
(vi) A continuing relationship between the employer and 471
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 472
(vii) The employer requires the individual to perform 475
services during established hours;
(viii) The employer requires that the individual 477
performing services be devoted on a full-time basis to the 478
business of the employer; 479
(ix) The employer requires the individual to perform 481
services on the employer's premises; 482
(x) The employer requires the individual performing 484
services to follow the order of work established by the employer; 485
(xi) The employer requires the individual performing 487
services to make oral or written reports of progress; 488
(xii) The employer makes payment to the individual for 491
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 493
performing services; 494
(xiv) The employer furnishes the tools and materials for 497
use by the individual to perform services;
(xv) The individual performing services has not invested 500
in the facilities used to perform services;
(xvi) The individual performing services does not realize 503
a profit or suffer a loss as a result of the performance of the
services; 504
(xvii) The individual performing services is not 506
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performing services for more than two employers simultaneously; 507
(xviii) The individual performing services does not make 510
the services available to the general public;
(xix) The employer has a right to discharge the individual 513
performing services;
(xx) The individual performing services has the right to 516
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 517
agreement.
(3) "Employment" does not include the following services 519
if they are found not subject to the "Federal Unemployment Tax 520
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 TO 3311, and if the 522
services are not required to be included under division (B)(2)(j) 523
of this section: 524
(a) Service performed after December 31, 1977, in 526
agricultural labor, except as provided in division (A)(1)(d) of 527
this section; 528
(b) Domestic service performed after December 31, 1977, in 530
a private home, local college club, or local chapter of a college 531
fraternity or sorority except as provided in division (A)(1)(c) 532
of this section; 533
(c) Service performed after December 31, 1977, for this 535
state or a political subdivision as described in division (B)(2) 536
(a) of this section when performed: 537
(i) As a publicly elected official; 539
(ii) As a member of a legislative body, or a member of the 541
judiciary; 542
(iii) As a military member of the state national guard or 544
air national guard; 545
(iv) As an employee, not in the classified service as 547
defined in section 124.11 of the Revised Code, serving on a 548
temporary basis in case of fire, storm, snow, earthquake, flood, 549
or similar emergency; 550
(v) In a position which, under or pursuant to law, is 552
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designated as a major nontenured policymaking or advisory 553
position, not in the classified service of the state, or a 554
policymaking or advisory position the performance of the duties 555
of which ordinarily does not require more than eight hours per 556
week. 557
(d) In the employ of any governmental unit or 559
instrumentality of the United States; 560
(e) Service performed after December 31, 1971: 562
(i) Service in the employ of an educational institution or 564
institution of higher education, including those operated by the 565
state or a political subdivision, if such service is performed by 566
a student who is enrolled and is regularly attending classes at 567
the educational institution or institution of higher education; 568
or 569
(ii) By an individual who is enrolled at a nonprofit or 571
public educational institution which normally maintains a regular 572
faculty and curriculum and normally has a regularly organized 573
body of students in attendance at the place where its educational 574
activities are carried on as a student in a full-time program, 575
taken for credit at the institution, which combines academic 576
instruction with work experience, if the service is an integral 577
part of the program, and the institution has so certified to the 578
employer, provided that this subdivision shall not apply to 579
service performed in a program established for or on behalf of an 580
employer or group of employers; 581
(f) Service performed by an individual in the employ of 583
the individual's son, daughter, or spouse and service performed 584
by a child under the age of eighteen in the employ of the child's 585
father or mother;
(g) Service performed for one or more principals by an 587
individual who is compensated on a commission basis, who in the 588
performance of the work is master of the individual's own time 590
and efforts, and whose remuneration is wholly dependent on the 591
amount of effort the individual chooses to expend, and which 592
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service is not subject to the "Federal Unemployment Tax Act," 53 593
Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed 594
after December 31, 1971: 595
(i) By an individual for an employer as an insurance agent 597
or as an insurance solicitor, if all this service is performed 598
for remuneration solely by way of commission; 599
(ii) As a home worker performing work, according to 601
specifications furnished by the employer for whom the services 602
are performed, on materials or goods furnished by such employer 603
which are required to be returned to the employer or to a person 604
designated for that purpose. 605
(h) Service performed after December 31, 1971: 607
(i) In the employ of a church or convention or association 609
of churches, or in an organization which is operated primarily 610
for religious purposes and which is operated, supervised, 611
controlled, or principally supported by a church or convention or 612
association of churches; 613
(ii) By a duly ordained, commissioned, or licensed 615
minister of a church in the exercise of the individual's ministry 617
or by a member of a religious order in the exercise of duties 618
required by such order; or 619
(iii) In a facility conducted for the purpose of carrying 621
out a program of rehabilitation for individuals whose earning 622
capacity is impaired by age or physical or mental deficiency or 623
injury, or providing remunerative work for individuals who 624
because of their impaired physical or mental capacity cannot be 625
readily absorbed in the competitive labor market, by an 626
individual receiving such rehabilitation or remunerative work; 627
(i) Service performed after June 30, 1939, with respect to 629
which unemployment compensation is payable under the "Railroad 630
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 631
(j) Service performed by an individual in the employ of 633
any organization exempt from income tax under section 501 of the 634
"Internal Revenue Code of 1954," if the remuneration for such 635
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service does not exceed fifty dollars in any calendar quarter, or 636
if such service is in connection with the collection of dues or 637
premiums for a fraternal beneficial society, order, or 638
association and is performed away from the home office or is 639
ritualistic service in connection with any such society, order, 640
or association; 641
(k) Casual labor not in the course of an employer's trade 643
or business; incidental service performed by an officer, 644
appraiser, or member of a finance committee of a bank, building 645
and loan association, savings and loan association, or savings 646
association when the remuneration for such incidental service 647
exclusive of the amount paid or allotted for directors' fees does 648
not exceed sixty dollars per calendar quarter is casual labor; 649
(l) Service performed in the employ of a voluntary 651
employees' beneficial association providing for the payment of 652
life, sickness, accident, or other benefits to the members of 653
such association or their dependents or their designated 654
beneficiaries, if admission to a membership in such association 655
is limited to individuals who are officers or employees of a 656
municipal or public corporation, of a political subdivision of 657
the state, or of the United States and no part of the net 658
earnings of such association inures, other than through such 659
payments, to the benefit of any private shareholder or 660
individual; 661
(m) Service performed by an individual in the employ of a 663
foreign government, including service as a consular or other 664
officer or employee or of a nondiplomatic representative; 665
(n) Service performed in the employ of an instrumentality 667
wholly owned by a foreign government if the service is of a 668
character similar to that performed in foreign countries by 669
employees of the United States or of an instrumentality thereof 670
and if the administrator finds that the secretary of state of the 671
United States has certified to the secretary of the treasury of 672
the United States that the foreign government, with respect to 673
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whose instrumentality exemption is claimed, grants an equivalent 674
exemption with respect to similar service performed in the 675
foreign country by employees of the United States and of 676
instrumentalities thereof; 677
(o) Service with respect to which unemployment 679
compensation is payable under an unemployment compensation system 680
established by an act of congress; 681
(p) Service performed as a student nurse in the employ of 683
a hospital or a nurses' training school by an individual who is 684
enrolled and is regularly attending classes in a nurses' training 685
school chartered or approved pursuant to state law, and service 686
performed as an intern in the employ of a hospital by an 687
individual who has completed a four years' course in a medical 688
school chartered or approved pursuant to state law; 689
(q) Service performed by an individual under the age of 691
eighteen in the delivery or distribution of newspapers or 692
shopping news, not including delivery or distribution to any 693
point for subsequent delivery or distribution; 694
(r) Service performed in the employ of the United States 696
or an instrumentality of the United States immune under the 697
constitution of the United States from the contributions imposed 698
by this chapter, except that to the extent that congress permits 699
states to require any instrumentalities of the United States to 700
make payments into an unemployment fund under a state 701
unemployment compensation act, this chapter shall be applicable 702
to such instrumentalities and to services performed for such 703
instrumentalities in the same manner, to the same extent, and on 704
the same terms as to all other employers, individuals, and 705
services, provided that if this state is not certified for any 706
year by the proper agency of the United States under section 3304 707
of the "Internal Revenue Code of 1954," the payments required of 708
such instrumentalities with respect to such year shall be 709
refunded by the administrator from the fund in the same manner 710
and within the same period as is provided in division (E) of 711
18
section 4141.09 of the Revised Code with respect to contributions 712
erroneously collected; 713
(s) Service performed by an individual as a member of a 715
band or orchestra, provided such service does not represent the 716
principal occupation of such individual, and which service is not 717
subject to or required to be covered for full tax credit against 718
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 719
183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed after 720
December 31, 1971, for a nonprofit organization, this state or 722
its instrumentalities, or a political subdivision or its 723
instrumentalities, as part of an unemployment work-relief or 724
work-training program assisted or financed in whole or in part by 725
any federal agency or an agency of a state or political 726
subdivision thereof, by an individual receiving the work-relief 727
or work-training. 728
(t) Service performed in the employ of a day camp whose 730
camping season does not exceed twelve weeks in any calendar year, 731
and which service is not subject to the "Federal Unemployment Tax 732
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service 733
performed after December 31, 1971: 735
(i) In the employ of a hospital, if the service is 737
performed by a patient of the hospital, as defined in division 738
(W) of this section; 739
(ii) For a prison or other correctional institution by an 741
inmate of the prison or correctional institution; 742
(iii) Service performed after December 31, 1977, by an 744
inmate of a custodial institution operated by the state, a 745
political subdivision, or a nonprofit organization. 746
(u) SERVICE THAT IS PERFORMED BY A NONRESIDENT ALIEN 749
INDIVIDUAL FOR THE PERIOD THE INDIVIDUAL TEMPORARILY IS PRESENT
IN THE UNITED STATES AS A NONIMMIGRANT UNDER DIVISION (F), (J), 751
(M), OR (Q) OF SECTION 101(a)(15) OF THE "IMMIGRATION AND 752
NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 1101, AS AMENDED, THAT 753
IS EXCLUDED UNDER SECTION 3306(c)(19) OF THE "FEDERAL 755
19
UNEMPLOYMENT TAX ACT," 53 STAT. 183 (1939), 26 U.S.C.A. 3301 TO 756
3311.
(v) Notwithstanding any other provisions of division 758
(B)(3) of this section, services which are excluded under 759
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 760
be excluded from employment when performed for a nonprofit 761
organization, as defined in division (X) of this section or for 762
this state or its instrumentalities, or for a political 763
subdivision or its instrumentalities. 764
(4) If the services performed during one half or more of 766
any pay period by an employee for the person employing that 767
employee constitute employment, all the services of such employee 768
for such period shall be deemed to be employment; but if the 770
services performed during more than one half of any such pay 771
period by an employee for the person employing that employee do 772
not constitute employment, then none of the services of such 774
employee for such period shall be deemed to be employment. As 775
used in division (B)(4) of this section, "pay period" means a 776
period, of not more than thirty-one consecutive days, for which 777
payment of remuneration is ordinarily made to the employee by the 778
person employing that employee. Division (B)(4) of this section 779
does not apply to services performed in a pay period by an 780
employee for the person employing that employee, if any of such 782
service is excepted by division (B)(3)(o) of this section. 784
(C) "Benefits" means money payments payable to an 786
individual who has established benefit rights, as provided in 787
this chapter, for loss of remuneration due to the individual's 788
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 790
the maximum benefit amount that may become payable to an 791
individual within the individual's benefit year as determined by 792
the administrator or the administrator's deputy. 793
(E) "Claim for benefits" means a claim for waiting period 795
or benefits for a designated week. 796
20
(F) "Additional claim" means the first claim for benefits 798
filed following any separation from employment during a benefit 799
year; "continued claim" means any claim other than the first 800
claim for benefits and other than an additional claim. 801
(G)(1) "Wages" means remuneration paid to an employee by 803
each of the employee's employers with respect to employment; 804
except that wages shall not include that part of remuneration 805
paid during any calendar year to an individual by an employer or 806
such employer's predecessor in interest in the same business or 807
enterprise, which in any calendar year is in excess of eight 808
thousand two hundred fifty dollars on and after January 1, 1992; 809
eight thousand five hundred dollars on and after January 1, 1993; 810
eight thousand seven hundred fifty dollars on and after January 811
1, 1994; and nine thousand dollars on and after January 1, 1995. 812
Remuneration in excess of such amounts shall be deemed wages 813
subject to contribution to the same extent that such remuneration 814
is defined as wages under the "Federal Unemployment Compensation 815
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 TO 3311, as 816
amended. The remuneration paid an employee by an employer with 818
respect to employment in another state, upon which contributions 819
were required and paid by such employer under the unemployment 820
compensation act of such other state, shall be included as a part 821
of remuneration in computing the amount specified in this 822
division. 823
(2) Notwithstanding division (G)(1) of this section, if, 825
as of the computation date for any calendar year, the 826
administrator determines that the level of the unemployment 827
compensation fund is sixty per cent or more below the minimum 828
safe level as defined in section 4141.25 of the Revised Code, 829
then, effective the first day of January of the following 830
calendar year, wages subject to this chapter shall not include 831
that part of remuneration paid during any calendar year to an 832
individual by an employer or such employer's predecessor in 833
interest in the same business or enterprise which is in excess of 834
21
nine thousand dollars. The increase in the dollar amount of 835
wages subject to this chapter under this division shall remain in 836
effect from the date of the administrator's determination 837
pursuant to division (G)(2) of this section and thereafter 838
notwithstanding the fact that the level in the fund may 839
subsequently become less than sixty per cent below the minimum 840
safe level. 841
(H)(1) "Remuneration" means all compensation for personal 843
services, including commissions and bonuses and the cash value of 844
all compensation in any medium other than cash, except that in 845
the case of agricultural or domestic service, "remuneration" 846
includes only cash remuneration. Gratuities customarily received 847
by an individual in the course of the individual's employment 848
from persons other than the individual's employer and which are 849
accounted for by such individual to the individual's employer are 850
taxable wages.
The reasonable cash value of compensation paid in any 852
medium other than cash shall be estimated and determined in 853
accordance with rules prescribed by the administrator, provided 854
that "remuneration" does not include: 855
(a) Payments as provided in divisions (b)(2) to (b)(16) of 857
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 858
26 U.S.C.A. 3301 TO 3311, as amended; 859
(b) The payment by an employer, without deduction from the 861
remuneration of the individual in the employer's employ, of the 862
tax imposed upon an individual in the employer's employ under 863
section 3101 of the "Internal Revenue Code of l954," with respect 865
to services performed after October 1, 1941. 866
(2) "Cash remuneration" means all remuneration paid in 868
cash, including commissions and bonuses, but not including the 869
cash value of all compensation in any medium other than cash. 870
(I) "Interested party" means the administrator and any 872
party to whom notice of a determination of an application for 873
benefit rights or a claim for benefits is required to be given 874
22
under section 4141.28 of the Revised Code. 875
(J) "Annual payroll" means the total amount of wages 877
subject to contributions during a twelve-month period ending with 878
the last day of the second calendar quarter of any calendar year. 879
(K) "Average annual payroll" means the average of the last 881
three annual payrolls of an employer, provided that if, as of any 882
computation date, the employer has had less than three annual 883
payrolls in such three-year period, such average shall be based 884
on the annual payrolls which the employer has had as of such 885
date.
(L)(1) "Contributions" means the money payments to the 887
state unemployment compensation fund required of employers by 888
section 4141.25 of the Revised Code and of the state and any of 889
its political subdivisions electing to pay contributions under 890
section 4141.242 of the Revised Code. Employers paying 891
contributions shall be described as "contributory employers." 892
(2) "Payments in lieu of contributions" means the money 894
payments to the state unemployment compensation fund required of 895
reimbursing employers under sections 4141.241 and 4141.242 of the 896
Revised Code. 897
(M) An individual is "totally unemployed" in any week 899
during which the individual performs no services and with respect 900
to such week no remuneration is payable to the individual. 901
(N) An individual is "partially unemployed" in any week 903
if, due to involuntary loss of work, the total remuneration 904
payable to the individual for such week is less than the 905
individual's weekly benefit amount. 906
(O) "Week" means the calendar week ending at midnight 908
Saturday unless an equivalent week of seven consecutive calendar 909
days is prescribed by the administrator. 910
(1) "Qualifying week" means any calendar week in an 912
individual's base period with respect to which the individual 913
earns or is paid remuneration in employment subject to this 915
chapter. A calendar week with respect to which an individual 916
23
earns remuneration but for which payment was not made within the 917
base period may, when necessary to qualify for benefit rights, 918
MAY be considered to be a qualifying week. The number of 919
qualifying weeks which may be established in a calendar quarter 920
shall not exceed the number of calendar weeks in the quarter. 921
(2) "Average weekly wage" means the amount obtained by 923
dividing an individual's total remuneration for all qualifying 924
weeks during the base period by the number of such qualifying 925
weeks, provided that if the computation results in an amount 926
which is not a multiple of one dollar, such amount shall be 927
rounded to the next lower multiple of one dollar. 928
(P) "Weekly benefit amount" means the amount of benefits 930
an individual would be entitled to receive for one week of total 931
unemployment. 932
(Q)(1) "Base period" means the first four of the last five 934
completed calendar quarters immediately preceding the first day 935
of an individual's benefit year, except as provided in division 936
(Q)(2) of this section. 937
(2) If an individual does not have sufficient qualifying 939
weeks and wages in the base period to qualify for benefit rights, 940
his THE INDIVIDUAL'S base period shall be the four most recently 941
completed calendar quarters preceding the first day of the 943
individual's benefit year. Such base period shall be known as 944
the "alternate base period." If information as to weeks and 945
wages for the most recent quarter of the alternate base period is 946
not available to the administrator from the regular quarterly 947
reports of wage information, which are systematically accessible, 948
the administrator may, consistent with the provisions of section 949
4141.28 of the Revised Code, base the determination of 950
eligibility for benefits on the affidavit of the claimant with 951
respect to weeks and wages for that calendar quarter. The 952
claimant shall furnish payroll documentation, where available, in 953
support of the affidavit. The determination based upon the 954
alternate base period as it relates to the claimant's benefit 955
24
rights, shall be amended when the quarterly report of wage 956
information from the employer is timely received and that 957
information causes a change in the determination. As provided in 958
division (B)(1)(b) of section 4141.28 of the Revised Code, any 959
benefits paid and charged to an employer's account, based upon a 960
claimant's affidavit, shall be adjusted effective as of the 961
beginning of the claimant's benefit year. No calendar quarter in 962
a base period or alternate base period shall be used to establish 963
a subsequent benefit year. 964
(3) The "base period" of a combined wage claim, as 966
described in division (H) of section 4141.43 of the Revised Code, 967
shall be the base period prescribed by the law of the state in 968
which the claim is allowed. 969
(R) "Benefit year" with respect to an individual means the 971
fifty-two week period beginning with the first day of that week 972
with respect to which the individual first files a valid 973
application for determination of benefit rights, and thereafter 975
the fifty-two week period beginning with the first day of that 976
week with respect to which the individual next files a valid 977
application for determination of benefit rights after the 978
termination of the individual's last preceding benefit year, 979
except that the application shall not be considered valid unless 981
the individual has had employment in six weeks that is subject to 982
this chapter or the unemployment compensation act of another 983
state, or the United States, and has, since the beginning of the 984
individual's previous benefit year, in the employment earned 985
three times the average weekly wage determined for the previous 986
benefit year. The "benefit year" of a combined wage claim, as 987
described in division (H) of section 4141.43 of the Revised Code, 988
shall be the benefit year prescribed by the law of the state in 989
which the claim is allowed. Any
EFFECTIVE FOR APPLICATIONS FILED WITH RESPECT TO WEEKS 991
BEGINNING ON OR AFTER OCTOBER 1, 2000, ANY application for 992
determination of benefit rights made in accordance with section 994
25
4141.28 of the Revised Code is valid if the individual filing 995
such application is unemployed, has been employed by an employer 996
or employers subject to this chapter, in at least twenty 997
qualifying weeks within the individual's base period, and in such 999
weeks has earned or been paid remuneration at an average weekly 1,000
wage, beginning on and after January 1, 1992, of not less than 1,001
twenty-seven and one-half per cent of the statewide average
weekly wage FOR SUCH WEEKS, AND THE REASON FOR THE INDIVIDUAL'S 1,002
SEPARATION FROM EMPLOYMENT IS NOT DISQUALIFYING PURSUANT TO 1,003
DIVISION (D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE 1,006
REVISED CODE. A DISQUALIFICATION IMPOSED PURSUANT TO DIVISION 1,009
(D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE REVISED CODE 1,011
MUST BE REMOVED AS PROVIDED IN THOSE SECTIONS AS A REQUIREMENT OF 1,012
ESTABLISHING A VALID APPLICATION FOR BENEFIT RIGHTS. The 1,013
THE statewide average weekly wage shall be calculated by 1,015
the administrator once a year based on the twelve-month period 1,016
ending the thirtieth day of June, as set forth in division (B)(3) 1,018
of section 4141.30 of the Revised Code, rounded down to the 1,019
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 1,020
individuals to have filed valid applications shall become 1,021
effective on Sunday of the calendar week in which the first day 1,022
of January occurs that follows the twelve-month period ending the 1,023
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 1,024
As used in this division, an individual is "unemployed" if, 1,026
with respect to the calendar week in which such application is 1,028
filed, the individual is "partially unemployed" or "totally 1,030
unemployed" as defined in this section or if, prior to filing the 1,031
application, the individual was separated from the individual's 1,033
most recent work for any reason which terminated the individual's 1,034
employee-employer relationship, or was laid off indefinitely or 1,035
for a definite period of seven or more days. 1,036
(S) "Calendar quarter" means the period of three 1,038
26
consecutive calendar months ending on the thirty-first day of 1,039
March, the thirtieth day of June, the thirtieth day of September, 1,040
and the thirty-first day of December, or the equivalent thereof 1,041
as the administrator prescribes by rule. 1,042
(T) "Computation date" means the first day of the third 1,044
calendar quarter of any calendar year. 1,045
(U) "Contribution period" means the calendar year 1,047
beginning on the first day of January of any year. 1,048
(V) "Agricultural labor," for the purpose of this 1,050
division, means any service performed prior to January 1, 1972, 1,051
which was agricultural labor as defined in this division prior to 1,052
that date, and service performed after December 31, 1971: 1,053
(1) On a farm, in the employ of any person, in connection 1,055
with cultivating the soil, or in connection with raising or 1,056
harvesting any agricultural or horticultural commodity, including 1,057
the raising, shearing, feeding, caring for, training, and 1,058
management of livestock, bees, poultry, and fur-bearing animals 1,059
and wildlife; 1,060
(2) In the employ of the owner or tenant or other operator 1,062
of a farm in connection with the operation, management, 1,063
conservation, improvement, or maintenance of such farm and its 1,064
tools and equipment, or in salvaging timber or clearing land of 1,065
brush and other debris left by hurricane, if the major part of 1,066
such service is performed on a farm; 1,067
(3) In connection with the production or harvesting of any 1,069
commodity defined as an agricultural commodity in section 15 (g) 1,070
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 1,071
U.S.C. 1141j, as amended, or in connection with the ginning of 1,072
cotton, or in connection with the operation or maintenance of 1,073
ditches, canals, reservoirs, or waterways, not owned or operated 1,074
for profit, used exclusively for supplying and storing water for 1,075
farming purposes; 1,076
(4) In the employ of the operator of a farm in handling, 1,078
planting, drying, packing, packaging, processing, freezing, 1,079
27
grading, storing, or delivering to storage or to market or to a 1,080
carrier for transportation to market, in its unmanufactured 1,081
state, any agricultural or horticultural commodity, but only if 1,082
the operator produced more than one half of the commodity with 1,083
respect to which such service is performed; 1,084
(5) In the employ of a group of operators of farms, or a 1,086
cooperative organization of which the operators are members, in 1,087
the performance of service described in division (V)(4) of this 1,088
section, but only if the operators produced more than one-half of 1,089
the commodity with respect to which the service is performed; 1,090
(6) Divisions (V)(4) and (5) of this section shall not be 1,092
deemed to be applicable with respect to service performed: 1,093
(a) In connection with commercial canning or commercial 1,095
freezing or in connection with any agricultural or horticultural 1,096
commodity after its delivery to a terminal market for 1,097
distribution for consumption; or 1,098
(b) On a farm operated for profit if the service is not in 1,100
the course of the employer's trade or business. 1,101
As used in division (V) of this section, "farm" includes 1,103
stock, dairy, poultry, fruit, fur-bearing animal, and truck 1,104
farms, plantations, ranches, nurseries, ranges, greenhouses, or 1,105
other similar structures used primarily for the raising of 1,106
agricultural or horticultural commodities and orchards. 1,107
(W) "Hospital" means an institution which has been 1,109
registered or licensed by the Ohio department of health as a 1,110
hospital. 1,111
(X) "Nonprofit organization" means an organization, or 1,113
group of organizations, described in section 501(c)(3) of the 1,114
"Internal Revenue Code of 1954," and exempt from income tax under 1,115
section 501(a) of that code. 1,116
(Y) "Institution of higher education" means a public or 1,118
nonprofit educational institution which: 1,119
(1) Admits as regular students only individuals having a 1,121
certificate of graduation from a high school, or the recognized 1,122
28
equivalent; 1,123
(2) Is legally authorized in this state to provide a 1,125
program of education beyond high school; and 1,126
(3) Provides an educational program for which it awards a 1,128
bachelor's or higher degree, or provides a program which is 1,129
acceptable for full credit toward such a degree, a program of 1,130
post-graduate or post-doctoral studies, or a program of training 1,131
to prepare students for gainful employment in a recognized 1,132
occupation. 1,133
For the purposes of this division, all colleges and 1,135
universities in this state are institutions of higher education. 1,136
(Z) For the purposes of this chapter, "states" includes 1,138
the District of Columbia, the Commonwealth of Puerto Rico, and 1,139
the Virgin Islands. 1,140
(AA) "Alien" means, for the purposes of division (A)(1)(d) 1,142
of this section, an individual who is an alien admitted to the 1,143
United States to perform service in agricultural labor pursuant 1,144
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 1,145
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 1,146
(BB)(1) "Crew leader" means an individual who furnishes 1,148
individuals to perform agricultural labor for any other employer 1,149
or farm operator, and: 1,150
(a) Pays, either on the individual's own behalf or on 1,153
behalf of the other employer or farm operator, the individuals so 1,155
furnished by the individual for the service in agricultural labor 1,156
performed by them; 1,157
(b) Has not entered into a written agreement with the 1,159
other employer or farm operator under which the agricultural 1,160
worker is designated as in the employ of the other employer or 1,161
farm operator. 1,162
(2) For the purposes of this chapter, any individual who 1,164
is a member of a crew furnished by a crew leader to perform 1,165
service in agricultural labor for any other employer or farm 1,166
operator shall be treated as an employee of the crew leader if: 1,167
29
(a) The crew leader holds a valid certificate of 1,169
registration under the "Farm Labor Contractor Registration Act of 1,170
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 1,171
(b) Substantially all the members of the crew operate or 1,173
maintain tractors, mechanized harvesting or crop-dusting 1,174
equipment, or any other mechanized equipment, which is provided 1,175
by the crew leader; and 1,176
(c) If the individual is not in the employment of the 1,178
other employer or farm operator within the meaning of division 1,179
(B)(1) of this section. 1,180
(3) For the purposes of this division, any individual who 1,182
is furnished by a crew leader to perform service in agricultural 1,183
labor for any other employer or farm operator and who is not 1,184
treated as in the employment of the crew leader under division 1,185
(BB)(2) of this section shall be treated as the employee of the 1,186
other employer or farm operator and not of the crew leader. The 1,187
other employer or farm operator shall be treated as having paid 1,188
cash remuneration to the individual in an amount equal to the 1,189
amount of cash remuneration paid to the individual by the crew 1,190
leader, either on the crew leader's own behalf or on behalf of 1,191
the other employer or farm operator, for the service in 1,192
agricultural labor performed for the other employer or farm 1,193
operator.
(CC) "Educational institution" means an institution other 1,195
than an institution of higher education as defined in division 1,196
(Y) of this section which: 1,197
(1) Offers participants, trainees, or students an 1,199
organized course of study or training designed to transfer to 1,200
them knowledge, skills, information, doctrines, attitudes, or 1,201
abilities from, by, or under the guidance of an instructor or 1,202
teacher; and 1,203
(2) Is approved, chartered, or issued a permit to operate 1,205
as a school by the state board of education or other government 1,206
agency that is authorized within the state to approve, charter, 1,207
30
or issue a permit for the operation of a school. 1,208
For the purposes of this division, the courses of study or 1,210
training which the institution offers may be academic, technical, 1,211
trade, or preparation for gainful employment in a recognized 1,212
occupation. 1,213
Sec. 4141.05. The administrator of the bureau of 1,222
employment services shall establish a division of research and 1,223
statistics LABOR MARKET INFORMATION. The head of the division 1,224
shall be known as the "director of the division of research and 1,225
statistics LABOR MARKET INFORMATION." The director may not be 1,226
removed without the consent of the advisory council, nor may the 1,228
duties of his office be altered, suspended, or abolished without
the consent of the council. 1,229
Sec. 4141.06. There is hereby created an unemployment 1,238
compensation review commission consisting of three full-time 1,239
members appointed by the governor, with the advice and consent of 1,240
the senate. Terms of office shall be STAGGERED AND SHALL BE for 1,241
six years, commencing on the twenty-eighth day of February and 1,243
ending on the twenty-seventh day of February, except that upon 1,244
expiration of the term ending November 5, 1975, the new term 1,245
which succeeds it shall commence on November 6, 1975, and end on 1,246
February 27, 1981; and upon expiration of the term ending August 1,247
31, 1977, the new term which succeeds it shall commence on 1,248
September 1, 1977, and end on February 27, 1983. Each member 1,249
shall hold office from the date of appointment until the end of 1,250
the term for which the member was appointed. Any member 1,251
appointed to fill a vacancy occurring prior to the expiration of 1,252
the term for which the member's predecessor was appointed shall 1,253
hold office for the remainder of such term. Any member shall 1,254
continue in office subsequent to the expiration date of the 1,255
member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The 1,256
chairperson of the commission and each member shall be paid a 1,257
salary fixed pursuant to section 124.14 of the Revised Code from 1,258
31
the unemployment compensation administration fund. The governor 1,259
may, at any time, MAY remove any member for inefficiency, neglect 1,260
of duty, malfeasance, misfeasance, or nonfeasance in office. 1,261
Not more than one of the appointees to the commission shall 1,263
be a person who, on account of the appointee's previous vocation, 1,264
employment, or affiliations, can be classed as a representative 1,265
of employers, and not more than one of the appointees shall be a 1,266
person who, on account of the appointee's previous vocation, 1,267
employment, or affiliations, can be classed as a representative 1,268
of employees. Not more than two of the members of the commission 1,269
shall belong to the same political party. No member of the 1,270
commission shall hold any position of trust or profit or engage 1,271
in any occupation or business interfering or inconsistent with 1,272
the member's duties as a member and no member shall serve on any 1,273
committee of any political party. THE COMMISSION SHALL ELECT A 1,274
CHAIRPERSON AND A VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL 1,275
EXERCISE THE POWERS OF THE CHAIRPERSON IN THE CHAIRPERSON'S 1,276
ABSENCE.
No commission member shall participate in the disposition 1,278
of any appeal in which the member has an interest in the 1,279
controversy. Challenges to the interest of any commission member 1,281
may be made by any interested party defined in division (I) of 1,282
section 4141.01 of the Revised Code and shall be in writing. All 1,283
challenges shall be decided by the chairperson of the advisory 1,284
council, who, if the challenge is found to be well taken, shall 1,285
advise the governor, who shall in such case or at any time it is 1,286
determined by the governor that a member of the commission is 1,287
incapacitated to serve, appoint a member of the advisory council 1,288
representing the same affiliations to act and receive the same 1,289
compensation from the unemployment fund for serving in place of 1,290
such member.
The commission may appoint a secretary to hold office at 1,292
its pleasure. The secretary shall have such powers and shall 1,294
perform such duties as the commission prescribes and SHALL KEEP A 1,295
32
RECORD OF THE PROCEEDINGS OF THE COMMISSION AND OF ITS 1,296
DETERMINATIONS. THE SECRETARY shall receive a salary fixed 1,298
pursuant to section 124.14 of the Revised Code. Notwithstanding
Chapter 124. of the Revised Code, each EACH member of the 1,301
commission may appoint a private secretary to hold office at the
pleasure of such member. 1,302
Two members of the commission constitute a quorum and no 1,304
action of the commission is valid unless it has the concurrence 1,305
of at least two members. A vacancy on the commission does not 1,306
impair the right of a quorum to exercise all the rights and 1,307
perform all the duties of the commission. The commission or its 1,308
secretary shall keep a record of the proceedings of the 1,309
commission and of its determinations.
HEARINGS BEFORE THE COMMISSION ARE HELD AT THE HEARING 1,311
OFFICER LEVEL AND THE REVIEW LEVEL. UNLESS OTHERWISE PROVIDED IN 1,312
THIS CHAPTER, INITIAL HEARINGS INVOLVING CLAIMS FOR COMPENSATION 1,313
AND OTHER UNEMPLOYMENT COMPENSATION ISSUES ARE CONDUCTED AT THE 1,314
HEARING OFFICER LEVEL BY HEARING OFFICERS APPOINTED BY THE 1,315
COMMISSION. HEARINGS AT THE REVIEW LEVEL ARE CONDUCTED BY 1,316
HEARING OFFICERS APPOINTED BY THE COMMISSION, BY MEMBERS OF THE 1,317
COMMISSION ACTING EITHER INDIVIDUALLY OR COLLECTIVELY, AND BY 1,318
MEMBERS OF THE COMMISSION AND HEARING OFFICERS ACTING JOINTLY. 1,319
IN ALL HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE COMMISSION 1,320
SHALL DESIGNATE THE HEARING OFFICER OR OFFICERS WHO ARE TO
CONDUCT THE HEARING. WHEN THE TERM "HEARING OFFICER" IS USED IN 1,321
REFERENCE TO HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE TERM 1,322
INCLUDES MEMBERS OF THE COMMISSION. ALL DECISIONS ISSUED AT THE 1,323
REVIEW LEVEL ARE ISSUED BY THE COMMISSION.
The commission AND ITS HEARING OFFICERS shall hear appeals 1,325
arising from DETERMINATIONS OF THE ADMINISTRATOR OF THE BUREAU OF 1,326
EMPLOYMENT SERVICES INVOLVING claims for compensation and OTHER 1,328
UNEMPLOYMENT COMPENSATION ISSUES. THE COMMISSION SHALL adopt, 1,329
amend, or rescind such rules of procedure, AND undertake such 1,330
investigations, and take such action required for the hearing and 1,331
33
disposition of appeals as it deems necessary and consistent with 1,332
sections 4141.01 to 4141.46 of the Revised Code. The rules of 1,333
procedure ADOPTED BY THE COMMISSION shall be effective as the 1,334
commission prescribes and shall not be inconsistent TO THE EXTENT 1,335
THAT THE RULES ARE CONSISTENT with such sections. 1,337
The commission, subject to Chapter 124. of the Revised 1,339
Code, and WITH the approval of the governor, shall appoint such 1,340
referees HEARING OFFICERS as are necessary. The referees HEARING 1,342
OFFICERS shall be classified by the department of administrative 1,344
services and any. ANY promotions of the referees or any increase 1,347
INCREASES in compensation of the referees HEARING OFFICERS may be 1,348
recommended by the commission subject to classifications which 1,349
are made by the department of administrative services. The 1,350
commission may grant power to take testimony in any appeals 1,351
coming before the commission. The MEMBERS OF THE commission and 1,352
its referees shall, in the performance of their duties, HEARING 1,354
OFFICERS MAY CONDUCT HEARINGS FOR UNEMPLOYMENT COMPENSATION 1,355
APPEALS COMING BEFORE THE COMMISSION. THE MEMBERS AND HEARING
OFFICERS MAY exercise all powers provided by section 4141.17 of 1,356
the Revised Code. 1,358
The commission, subject to Chapter 124. of the Revised 1,360
Code, may employ such reporters, stenographers, clerical aid, and 1,361
other employees SUPPORT PERSONNEL as are requisite NEEDED to the 1,363
discharge of CARRY OUT the duties of the commission and the. THE 1,364
salaries of such employees are fixed pursuant to section 124.14 1,366
of the Revised Code. The commission shall further provide itself 1,367
and its employees with such offices, equipment, and supplies as 1,368
are necessary, using those already provided for the central 1,369
office of the bureau or its branch offices wherever possible. 1,370
The commission shall have access to all the records of the 1,372
bureau of employment services needed in the performance of its 1,373
official duties. The commission shall have the right to request 1,375
of the administrator necessary information from the research and
statistics department, the legal department, the department of 1,376
34
public information, the fiscal department, or any other 1,377
department from which pertinent information is necessary ANY 1,378
DIVISION OF THE BUREAU HAVING THAT INFORMATION. 1,379
The commission shall prepare and submit to the 1,381
administrator an annual budget financing the costs necessary to 1,382
administer its duties under this chapter. The fund request shall 1,383
relate to, but not be limited to, the United States department of 1,384
labor's allocations for the commission's functions. The 1,385
administrator shall approve the commission's request unless funds 1,386
are insufficient to finance the request. The administrator shall 1,387
notify the commission of the amount of funds available for its 1,388
operation, as soon as possible, but not later than thirty days 1,389
after receiving the allocation from the United States department 1,390
of labor.
In the event that the administrator determines that 1,392
sufficient funds are not available to approve the request as 1,393
submitted and a revised budget is not agreed to within thirty 1,394
days of the administrator's notification to the commission, the 1,395
director of budget and management shall review and determine the 1,396
funding levels for the commission and notify the commission and 1,397
the administrator of its determination. 1,398
Sec. 4141.07. (A) The unemployment compensation review 1,408
commission may, by rule, MAY authorize persons other than ones 1,409
who are admitted to the practice of law also to appear before the 1,410
commission in any kind of proceeding as representatives of 1,411
employers or claimants. The commission may prescribe in any rule 1,412
so adopted the minimum qualifications for such agents and such 1,413
minimum standards of practice as are appropriate. 1,414
Notwithstanding section 119.13 of the Revised Code, the 1,416
representation of parties before the commission by a person not 1,417
admitted to the practice of law does not impair or invalidate a 1,418
proceeding for the purpose of a subsequent appeal to a court or 1,419
for any other purpose where a party knowingly selects 1,420
representation by a person not admitted to the practice of law. 1,421
35
(B) No individual claiming benefits shall be charged fees 1,423
of any kind in any proceeding under sections 4141.01 to 4141.46 1,424
of the Revised Code, by the commission or its representatives. 1,425
Any individual claiming benefits or any employer may represent 1,426
themselves personally or be represented by a person admitted to 1,427
the practice of law or by a person not admitted to the practice 1,428
of law in any proceeding before the administrator of the bureau 1,429
of employment services, or, before the commission or a referee 1,431
HEARING OFFICER; but no such counsel or agent representing an 1,432
individual claiming benefits shall either charge or receive for 1,433
such services more than an amount approved by the commission. 1,434
No person shall charge or receive anything of value in 1,436
violation of this section. 1,437
Sec. 4141.09. (A) There is hereby created an unemployment 1,446
compensation fund to be administered by the state without 1,447
liability on the part of the state beyond the amounts paid into 1,448
the fund and earned by the fund. The unemployment compensation 1,449
fund shall consist of all contributions, payments in lieu of 1,450
contributions described in sections 4141.241 and 4141.242 of the 1,451
Revised Code, reimbursements of the federal share of extended 1,452
benefits described in section 4141.301 of the Revised Code, 1,453
collected under sections 4141.01 to 4141.46 of the Revised Code, 1,454
together with all interest earned upon any moneys deposited with 1,455
the secretary of the treasury of the United States to the credit 1,456
of the account of this state in the unemployment trust fund 1,457
established and maintained pursuant to section 904 of the "Social 1,458
Security Act," any property or securities acquired through the 1,459
use of moneys belonging to the fund, and all earnings of such 1,460
property or securities. The unemployment compensation fund shall 1,461
be used to pay benefits and refunds as provided by such sections 1,462
and for no other purpose. 1,463
(B) The treasurer of state shall be the custodian of the 1,465
unemployment compensation fund and shall administer such fund in 1,466
accordance with the directions of the administrator of the bureau 1,467
36
of employment services. All disbursements therefrom shall be 1,468
paid by the treasurer of state on warrants drawn by the 1,469
administrator. Such warrants may bear the facsimile signature of 1,470
the administrator printed thereon and that of a deputy or other 1,471
employee of the administrator charged with the duty of keeping 1,472
the account of the unemployment compensation fund and with the 1,473
preparation of warrants for the payment of benefits to the 1,474
persons entitled thereto. Moneys in the clearing and benefit 1,475
accounts shall not be commingled with other state funds, except 1,476
as provided in division (C) of this section, but shall be 1,477
maintained in separate accounts on the books of the depositary 1,478
bank. Such money shall be secured by the depositary bank to the 1,479
same extent and in the same manner as required by sections 135.01 1,480
to 135.21 of the Revised Code; and collateral pledged for this 1,481
purpose shall be kept separate and distinct from any collateral 1,482
pledged to secure other funds of this state. All sums recovered 1,483
for losses sustained by the unemployment compensation fund shall 1,484
be deposited therein. The treasurer of state shall be liable on 1,485
the treasurer's official bond for the faithful performance of the 1,487
treasurer's duties in connection with the unemployment 1,488
compensation fund, such liability to exist in addition to any 1,489
liability upon any separate bond. 1,490
(C) The treasurer of state shall maintain within the 1,492
unemployment compensation fund three separate accounts which 1,493
shall be a clearing account, an unemployment trust fund account, 1,494
and a benefit account. All moneys payable to the unemployment 1,495
compensation fund, upon receipt thereof by the administrator, 1,496
shall be forwarded to the treasurer of state, who shall 1,497
immediately deposit them in the clearing account. Refunds of 1,498
contributions, or payments in lieu of contributions, payable 1,499
pursuant to division (E) of this section may be paid from the 1,500
clearing account upon warrants signed by a deputy or other 1,501
employee of the administrator charged with the duty of keeping 1,502
the record of the clearing account and with the preparation of 1,503
37
warrants for the payment of refunds to persons entitled thereto. 1,504
After clearance thereof, all moneys in the clearing account shall 1,505
be deposited with the secretary of the treasury of the United 1,506
States to the credit of the account of this state in the 1,507
unemployment trust fund established and maintained pursuant to 1,508
section 904 of the "Social Security Act," in accordance with 1,509
requirements of the "Federal Unemployment Tax Act," 53 Stat. 183 1,510
(1939), 26 U.S.C.A. 3301, 3304(a)(3), any law in this state 1,511
relating to the deposit, administration, release, or disbursement 1,513
of moneys in the possession or custody of this state to the 1,514
contrary notwithstanding. The benefit account shall consist of 1,515
all moneys requisitioned from this state's account in the 1,516
unemployment trust fund. Federal funds, other than funds 1,517
received by the administrator under divisions (I) and (J) of this 1,518
section, received for payment of federal benefits may be 1,520
deposited into the benefit account solely for payment of benefits 1,521
under a federal program administered by this state. Moneys so
requisitioned shall be used solely for the payment of benefits 1,523
and for no other purpose. Moneys in the clearing and benefit 1,524
accounts may be deposited by the treasurer of state, under the 1,525
direction of the administrator, in any bank or public depositary 1,526
in which general funds of the state may be deposited, but no 1,527
public deposit insurance charge or premium shall be paid out of 1,528
the fund.
(D) Moneys shall be requisitioned from this state's 1,530
account in the unemployment trust fund solely for the payment of 1,531
benefits and in accordance with regulations prescribed by the 1,532
administrator. The administrator shall requisition from the 1,533
unemployment trust fund such amounts, not exceeding the amount 1,534
standing to this state's account therein, as are deemed necessary 1,535
for the payment of benefits for a reasonable future period. Upon 1,536
receipt thereof, the treasurer of state shall deposit such moneys 1,537
in the benefit account. Expenditures of such money in the 1,538
benefit account and refunds from the clearing account shall not 1,539
38
require specific appropriations or other formal release by state 1,540
officers of money in their custody. Any balance of moneys 1,541
requisitioned from the unemployment trust fund which remains 1,542
unclaimed or unpaid in the benefit account after the expiration 1,543
of the period for which such sums were requisitioned shall either 1,544
be deducted from estimates for and may be utilized for the 1,545
payment of benefits during succeeding periods, or, in the 1,546
discretion of the administrator, shall be redeposited with the 1,547
secretary of the treasury of the United States to the credit of 1,548
this state's account in the unemployment trust fund, as provided 1,549
in division (C) of this section. Unclaimed or unpaid federal 1,550
funds redeposited with the secretary of the treasury of the 1,551
United States shall be credited to the appropriate federal 1,552
account. 1,553
(E) No claim for an adjustment or a refund on 1,555
contribution, payment in lieu of contributions, interest, or 1,556
forfeiture alleged to have been erroneously or illegally assessed 1,557
or collected, or alleged to have been collected without 1,558
authority, and no claim for an adjustment or a refund of any sum 1,559
alleged to have been excessive or in any manner wrongfully 1,560
collected shall be allowed unless an application, in writing, 1,561
therefor is made within four years from the date on which such 1,562
payment was made. If the administrator determines that such 1,563
contribution, payment in lieu of contributions, interest, or 1,564
forfeiture, or any portion thereof, was erroneously collected, 1,565
the administrator shall allow such employer to make an adjustment 1,566
thereof without interest in connection with subsequent 1,567
contribution payments, or payments in lieu of contributions, by 1,568
the employer, or the administrator may refund said amount, 1,569
without interest, from the clearing account of the unemployment 1,570
compensation fund, except as provided in division (B) of section 1,571
4141.11 of the Revised Code. For like cause and within the same 1,572
period, adjustment or refund may be so made on the 1,573
administrator's own initiative. An overpayment of contribution, 1,574
39
payment in lieu of contributions, interest, or forfeiture for 1,575
which an employer has not made application for refund prior to 1,576
the date of sale of the employer's business shall accrue to the 1,578
employer's successor in interest. 1,579
An application for an adjustment or a refund, or any 1,581
portion thereof, that is rejected is binding upon the employer 1,582
unless, within thirty days after the mailing of a written notice 1,583
of rejection to the employer's last known address, or, in the 1,584
absence of mailing of such notice, within thirty days after the 1,585
delivery of such notice, the employer files an application for a 1,586
review and redetermination setting forth the reasons therefor. 1,587
The administrator shall promptly examine the application for 1,588
review and redetermination, and if a review is granted, the 1,589
employer shall be promptly notified thereof, and shall be granted 1,590
an opportunity for a prompt hearing. 1,591
(F) If the administrator finds that contributions have 1,593
been paid to the bureau of employment services in error, and that 1,594
such contributions should have been paid to a department of 1,595
another state or of the United States charged with the 1,596
administration of an unemployment compensation law, the 1,597
administrator may upon request by such department or upon the 1,598
administrator's own initiative transfer to such department the 1,600
amount of such contributions, less any benefits paid to claimants 1,601
whose wages were the basis for such contributions. The 1,602
administrator may request and receive from such department any 1,603
contributions or adjusted contributions paid in error to such 1,604
department which should have been paid to the bureau. 1,605
(G) In accordance with section 303(c)(3) of the Social 1,607
Security Act, and section 3304(a)(17) of the Internal Revenue 1,608
Code of 1954 for continuing certification of Ohio unemployment 1,609
compensation laws for administrative grants and for tax credits, 1,610
any interest required to be paid on advances under Title XII of 1,611
the Social Security Act shall be paid in a timely manner and 1,612
shall not be paid, directly or indirectly, by an equivalent 1,613
40
reduction in the Ohio unemployment taxes or otherwise, by the 1,614
state from amounts in the unemployment compensation fund. 1,615
(H) The treasurer of state, under the direction of the 1,617
administrator and in accordance with the "Cash Management 1,618
Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, 1,619
shall deposit amounts of interest earned by the state on funds in 1,620
the benefit account established pursuant to division (C) of this 1,621
section into the bureau of employment services banking fees fund, 1,622
which is hereby created in the state treasury for the purpose of 1,623
paying related banking costs incurred by the state for the period 1,624
for which the interest is calculated, except that if the 1,625
deposited interest exceeds the banking costs incurred by the 1,626
state for the period for which the interest is calculated, the 1,627
treasurer of state shall deposit the excess interest into the 1,628
unemployment trust fund. 1,629
(I) The treasurer of state, under the direction of the 1,632
administrator, shall deposit federal funds received by the
administrator pursuant to the "Trade Act of 1974," 88 Stat. 1978, 1,634
19 U.S.C.A. 2101, as amended, into the Trade Act account, which 1,635
is hereby created for the purpose of paying for benefits, 1,636
training, and support services under that act. 1,637
(J) The treasurer of state, under the direction of the 1,640
administrator, shall deposit federal funds received by the 1,641
administrator pursuant to the "North American Free Trade 1,642
Agreement Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 1,643
3301, into the North American Free Trade account, which is hereby 1,645
created for the purpose of paying for benefits, training, and
support services under that act. 1,646
Sec. 4141.16. (A) The administrator of the bureau of 1,655
employment services shall make available, upon request, to the 1,656
director of human services or to the county directors of human 1,657
services in the state the name, address, ordinary occupation, and 1,658
employment status of each recipient of unemployment benefits 1,659
under this chapter, and a statement of such recipient's rights to 1,660
41
further benefits under this chapter. THE AGENCY REQUESTING THE 1,661
INFORMATION SHALL PAY THE BUREAU THE ACTUAL COST OF FURNISHING 1,662
THE INFORMATION REQUESTED.
(B) The administrator shall also SHALL furnish, upon 1,664
request of a public agency administering or supervising the 1,665
administration of a state plan approved under part A of Title IV 1,666
of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 1,667
601, or of a public agency charged with any duty or 1,668
responsibility under any program or activity authorized or 1,669
required under part D of Title IV of such act, information with 1,670
respect to any individual specified in the request as to: 1,671
(1) Whether the individual is receiving, has received, or 1,673
has made application for unemployment compensation, and the 1,674
amount of any compensation being received by the individual; 1,675
(2) The current or most recent home address of the 1,677
individual; 1,678
(3) Whether the individual has refused an offer of 1,680
employment and, if so, a description of the employment so offered 1,681
and the terms, conditions, and rate of pay therefor. 1,682
The public agency shall pay to the bureau of employment 1,684
services the actual costs of furnishing the information described 1,685
in this division, as provided in the "Unemployment Compensation 1,686
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 1,687
(C)(1) The administrator shall disclose, upon request, to 1,689
officers, agents, or employees of any state or local child 1,690
support enforcement agency, any wage information contained in the 1,691
records of the bureau of employment services with respect to an 1,692
individual identified in the request. 1,693
(2) The officer, agent, or employee of the state or local 1,695
child support enforcement agency shall state in the request that 1,696
the wage information shall be used only for the purpose of 1,697
establishing and collecting child support obligations from, and 1,698
locating, individuals owing these obligations which are being 1,699
enforced pursuant to a plan described in section 454 of the 1,700
42
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,701
which has been approved by the United States secretary of health 1,702
and human services under part D of Title IV of the "Social 1,703
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,704
(3) State and local child support enforcement agencies, 1,706
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,707
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,708
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,709
shall pay to the bureau the actual costs of furnishing the 1,710
information described in this division. 1,711
(4) Requirements with respect to the confidentiality of 1,713
information obtained in the administration of this chapter and 1,714
any sanctions imposed on improper disclosure of information 1,715
obtained therein shall apply to the redisclosure of information 1,716
disclosed under this section. 1,717
(D) The administrator also shall furnish, as required by 1,719
section 303(h) of the "Social Security Act," to the United States 1,720
secretary of health and human services, and on a reimbursable 1,721
basis, prompt access to wage and claims information, including 1,722
any information useful in locating an absent parent or such 1,723
parent's employer for use by the "Parent Locator Service," 1,724
section 453, part D of Title IV of the "Social Security Act" and 1,725
as required under section 303(h) of such act. 1,726
(E)(1) If the director of human services determines that 1,728
direct, on-line access to the automated information system 1,729
maintained by the bureau of employment services is an effective 1,730
and efficient means of obtaining necessary information to aid in 1,731
the enforcement or collection of child support obligations, the 1,732
director shall make a written request to the administrator of the 1,733
bureau of employment services to permit the following to have 1,734
direct, on-line access to the information system: 1,735
(a) The department of human services; 1,737
(b) Officers, agents, or employees of a state or local 1,739
child support enforcement agency of this state or of another 1,740
43
state as designated by the director; 1,741
(c) Officers, agents, or employees of any private agency 1,743
designated by the director that is operating pursuant to a 1,744
contract entered into with a state or local child support 1,745
enforcement agency of this state for the exchange of information 1,746
related to the enforcement and collection of child support 1,747
obligations. 1,748
(2) The director of human services shall not designate 1,750
pursuant to division (E)(1) of this section a state or local 1,751
child support enforcement agency of this state or of another 1,752
state or any private agency to have access to the automated 1,753
information system maintained by the bureau unless he THE 1,754
DIRECTOR also determines that on-line direct access to the 1,755
bureau's automated information system by that agency is necessary 1,756
for the implementation of a child support enforcement program 1,757
operating pursuant to a plan described in section 454 of the 1,758
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,759
that has been approved by the secretary of health and human 1,760
services under part D of Title IV of the "Social Security Act," 1,761
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,762
(3) Upon receipt of a request made under division (E)(1) 1,764
of this section, the administrator of the bureau shall comply 1,765
with the request and shall adopt rules pursuant to this section 1,766
and section 111.15 of the Revised Code to regulate access to the 1,767
bureau's automated information system. The rules shall include a 1,768
confidentiality requirement that conforms to division (E)(5) of 1,769
this section. 1,770
(4)(a) State and local child support enforcement agencies, 1,772
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,773
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,774
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,775
shall pay to the bureau the actual costs to the bureau of 1,776
accessing its automated information system. 1,777
(b) Any private agency designated by the director of human 1,779
44
services pursuant to division (E)(1) of this section that is 1,780
operating pursuant to a contract entered into with a state or 1,781
local child support enforcement agency of this state for the 1,782
exchange of information related to the enforcement and collection 1,783
of child support obligations shall pay or provide contractually 1,784
for the payment of the actual costs to the bureau of accessing 1,785
its automated information system. 1,786
(5) The requirements with respect to the confidentiality 1,788
of information obtained in the administration of this chapter and 1,789
any sanctions imposed on improper disclosure of information 1,790
obtained in the administration of this chapter shall apply to any 1,791
information obtained pursuant to division (E) of this section 1,792
through on-line access to the bureau's automated information 1,793
system. 1,794
(F) The director of human services, his THE DIRECTOR'S 1,796
employees, and other individuals to whom information is made 1,798
available pursuant to this section are subject to section 4141.22 1,799
of the Revised Code and the penalty for violation of that section 1,800
as specified in section 4141.99 of the Revised Code. 1,801
(G) As used in this section, "state or local child support 1,803
enforcement agency" means either of the following: 1,804
(1) In this state, the department of human services, the 1,806
division of child support created pursuant to section 5101.31 of 1,807
the Revised Code, or a child support enforcement agency 1,808
designated by the board of county commissioners pursuant to 1,809
section 2301.35 of the Revised Code; 1,810
(2) In a state other than this state, any agency of a 1,812
state or of a political subdivision of a state operating pursuant 1,813
to a plan described in section 454 of the "Social Security Act," 1,814
which has been approved by the secretary of health and human 1,815
services under part D of Title IV of the "Social Security Act." 1,816
Sec. 4141.17. The administrator of the bureau of 1,825
employment services and his secretary, deputies, and authorized 1,827
representative THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION 1,828
45
may administer oaths, certify to official acts, take depositions, 1,829
issue subpoenas, and compel the attendance and testimony of 1,830
witnesses and the production of books, accounts, papers, records, 1,831
documents, and testimony; but no person shall be compelled
pursuant to this section to attend at a place outside the county 1,833
in which he resides or is found. 1,834
No person shall be excused from attending and testifying or 1,836
from producing books, papers, correspondence, memoranda, or other 1,837
records before the administrator or his secretary or deputy or 1,838
before any authorized representative, agent, or agency of the 1,840
administrator, in any cause, hearing, or proceeding before the 1,841
administrator or a local board, on the ground that the testimony 1,842
or evidence required of him may tend to incriminate him or 1,843
subject him to a penalty or forfeiture; but no person shall be 1,846
prosecuted or be subjected to any penalty or forfeiture on 1,847
account of any transaction, matter, or thing concerning which he 1,848
is compelled, after having claimed his privilege against self 1,850
incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and 1,851
punishment for perjury committed in so testifying. 1,852
In case of the refusal of a witness to attend or testify, 1,854
or to produce books or papers, as to any matter regarding which 1,855
he THE WITNESS might be lawfully interrogated in the 1,857
administration of this chapter, the court of common pleas of the
county in which the person resides or is found, THE COURT OF 1,858
APPEALS THAT HAS JURISDICTION OVER THE COUNTY IN WHICH THE PERSON 1,859
RESIDES OR IS FOUND, or a judge thereof, upon application of the 1,861
administrator OR COMMISSION, shall compel obedience by
proceedings as for contempt as in case of like refusal to obey a 1,863
similar order of the court.
Sec. 4141.20. (A) Every employer, including those not 1,872
otherwise subject to this chapter, shall furnish the 1,873
administrator of the bureau of employment services upon request 1,874
all information required by him THE ADMINISTRATOR to carry out 1,875
46
the requirements of this chapter. Every employer receiving from 1,877
the administrator any blank with direction to fill it out shall 1,878
cause it to be properly filled out, in the manner prescribed by 1,879
the administrator, so as to answer fully and correctly all 1,880
questions therein propounded, and shall furnish all the 1,881
information therein sought, or, if unable to do so, such THAT 1,882
employer shall give the administrator in writing good and 1,884
sufficient reason for such failure. 1,885
The administrator may require that such information be 1,887
verified under oath and returned to the administrator within the 1,888
period fixed by him THE ADMINISTRATOR or by law. The 1,889
administrator or any person employed by him THE ADMINISTRATOR for 1,891
that purpose may examine under oath any such employer, or the 1,892
officer, agent, or employee of such THAT employer, for the 1,893
purpose of ascertaining any information which such THAT THE 1,894
employer is required by this chapter to furnish to the 1,895
administrator. Any employer who fails to furnish information as 1,896
is required by the administrator under authority of this section 1,897
shall forfeit five hundred dollars to be collected in a civil 1,898
action brought against the employer in the name of the state. 1,899
(B) Effective with the calendar quarter beginning April 1, 1,901
1987, every contributory employer shall file a quarterly 1,902
contribution report and a quarterly report of wages. The 1,903
quarterly reports shall be filed no later than the last day of 1,904
the first month following the close of the calendar quarter for 1,905
which the quarterly reports are being filed. The employer shall 1,906
enter on the quarterly contribution report the total and taxable 1,907
remuneration paid to all employees during the quarter. The 1,908
employer shall enter on the quarterly report of wages the name 1,909
and social security number of each individual employed during the 1,910
calendar quarter, the total remuneration paid the individual, the 1,911
number of weeks during the quarter for which the individual was 1,912
paid remuneration, and any other information as required by 1,913
section 1137 of the "Social Security Act." The administrator 1,914
47
shall furnish the form or forms on which the quarterly reports 1,915
are to be submitted or the employer may use other methods of 1,916
reporting, INCLUDING ELECTRONIC INFORMATION TRANSMISSION METHODS, 1,918
as approved by the administrator.
Effective until the calendar quarter beginning January 1, 1,920
1993, in case of failure to file the quarterly contribution 1,921
report or the report of wages containing all the required 1,922
contribution and wage information within the time prescribed by 1,923
this section, there shall be assessed a forfeiture amounting to 1,924
ten per cent of the contributions due; provided such forfeiture 1,925
shall not be less than twenty-five nor more than two hundred 1,926
fifty dollars. The administrator may waive the forfeiture only 1,927
with respect to the report of wages, and the waiver may be 1,928
approved only if the employer shows good cause for failure to 1,929
file the required information. 1,930
Effective with the calendar quarter beginning January 1, 1,932
1993, in case of failure to file the quarterly contribution 1,933
report containing all the required information within the time 1,934
prescribed by this section, there shall be assessed a forfeiture 1,935
amounting to twenty-five one-hundredths of one per cent of the 1,936
total remuneration paid by the employer, provided such forfeiture 1,937
shall not be less than thirty nor more than five hundred dollars 1,938
per quarterly contribution report. The administrator may waive 1,939
the forfeiture only if the employer provides to the administrator 1,940
a written statement showing good cause for failure to file the 1,941
required quarterly contribution report. 1,942
Effective with the calendar quarter beginning January 1, 1,944
1993, in case of failure to file the quarterly report of wages 1,945
containing all the required information within the time 1,946
prescribed by this section, there shall be assessed a forfeiture 1,947
amounting to twenty-five one-hundredths of one per cent of the 1,948
total remuneration paid by the employer, provided such forfeiture 1,949
shall be not less than thirty nor more than five hundred dollars 1,950
per quarterly report of wages. The administrator may waive the 1,951
48
forfeiture only if the employer provides to the administrator a 1,952
written statement showing good cause for failure to file the 1,953
required quarterly report of wages. 1,954
(C) Effective with the calendar quarter beginning April 1, 1,956
1987, every employer liable for payments in lieu of contributions 1,957
shall file a quarterly payroll report and a quarterly report of 1,958
wages. The employer shall file the quarterly reports no later 1,959
than the last day of the first month following the close of the 1,960
calendar quarter for which the quarterly reports are being filed. 1,961
The employer shall enter on the quarterly payroll report the 1,962
total remuneration paid to all employees during the quarter and 1,963
the total wages that would have been taxable had the employer 1,964
been subject to contributions. The employer shall enter on the 1,965
quarterly report of wages the name and social security number of 1,966
each individual employed during the calendar quarter, the total 1,967
remuneration paid the individual, the number of weeks during the 1,968
quarter for which the individual was paid remuneration, and any 1,969
other information as required by section 1137 of the "Social 1,970
Security Act." The administrator shall furnish the form or forms 1,971
on which the quarterly reports are to be submitted or the 1,972
employer may use other methods of reporting, INCLUDING ELECTRONIC 1,973
INFORMATION TRANSMISSION METHODS, as approved by the 1,974
administrator.
Effective until the calendar quarter beginning January 1, 1,976
1993, in case of failure to file the quarterly payroll report or 1,977
the report of wages containing all of the required payroll or 1,978
wage information within the time prescribed by this section, the 1,979
employer shall be assessed a forfeiture of twenty-five dollars 1,980
per report. The administrator may waive the forfeiture only with 1,981
respect to the report of wages, and such waiver may be approved 1,982
only if the employer shows good cause for failure to file the 1,983
required information. 1,984
Effective with the calendar quarter beginning January 1, 1,986
1993, in case of failure to file the quarterly payroll report 1,987
49
containing all the required wage information within the time 1,988
prescribed by this section, the employer shall be assessed a 1,989
forfeiture amounting to twenty-five one-hundredths of one per 1,990
cent of the total remuneration paid by the employer, provided 1,991
such forfeiture shall not be less than thirty nor more than five 1,992
hundred dollars per quarterly payroll report. The administrator 1,993
may waive the forfeiture only if the employer provides to the 1,994
administrator a written statement showing good cause for failure 1,995
to file the required quarterly payroll report. 1,996
Effective with the calendar quarter beginning January 1, 1,998
1993, in case of failure to file the quarterly report of wages 1,999
containing all the required information within the time 2,000
prescribed by this section, there shall be assessed a forfeiture 2,001
amounting to twenty-five one-hundredths of one per cent of the 2,002
total remuneration paid by the employer, provided such forfeiture 2,003
shall be not less than thirty nor more than five hundred dollars 2,004
per quarterly report of wages. The administrator may waive the 2,005
forfeiture only if the employer provides to the administrator a 2,006
written statement showing good cause for failure to file the 2,007
required quarterly report of wages. 2,008
(D) All forfeitures required by this section shall be paid 2,010
into the unemployment compensation special administrative fund as 2,011
provided in section 4141.11 of the Revised Code. 2,012
Sec. 4141.21. Except as provided in sections 4141.16, 2,021
4141.161, 4141.162, and 4141.163 of the Revised Code; until 2,022
October 1, 1994, except as provided in section 4141.164 of the 2,024
Revised Code;of the bureau of employment services by employers or employees 2,029
pursuant to this chapter is for the exclusive use and information 2,030
of the bureau of employment services in the discharge of its 2,031
duties and shall not be open to the public or be used in any 2,032
court in any action or proceeding pending therein, or be 2,033
50
admissible in evidence in any action, other than one arising 2,034
under such THOSE sections. All of the information and records 2,035
necessary or useful in the determination of any particular claim 2,036
for benefits or necessary in verifying any charge to an 2,037
employer's account under sections 4141.23 to 4141.26 of the 2,038
Revised Code shall be available for examination and use by the 2,039
employer and the employee involved or their authorized 2,040
representatives in the hearing of such cases, and such THAT 2,041
information may be tabulated and published in statistical form
for the use and information of the state departments and the 2,042
public. 2,043
Sec. 4141.22. (A) No person shall disclose any 2,052
information which THAT was MAINTAINED BY THE ADMINISTRATOR OF THE 2,054
BUREAU OF EMPLOYMENT SERVICES OR furnished to the administrator
of the bureau of employment services by employers or employees 2,055
pursuant to Chapter 4141. of the Revised Code, unless such 2,056
disclosure is permitted under section 4141.21 of the Revised 2,057
Code.
(B) No person in the employ of the administrator of the 2,059
bureau of employment services, or who has been in the employ of 2,060
the administrator at any time, shall divulge any information 2,061
secured by him THE PERSON while so employed in respect to the 2,062
transactions, property, business, or mechanical, chemical, or 2,064
other industrial process of any person, firm, corporation, 2,065
association, or partnership to any person other than the 2,066
administrator or other employees of the bureau of employment 2,067
services as required by such THE person's duties, or to other 2,068
persons as authorized by the administrator under section 4141.43 2,069
of the Revised Code.
Whoever violates this section shall be disqualified from 2,071
holding any appointment or employment by the administrator. 2,072
Sec. 4141.24. (A)(1) The administrator of the bureau of 2,081
employment services shall maintain a separate account for each 2,082
employer and, except as otherwise provided in division (D)(B) of 2,084
51
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 2,085
contributions, or payments in lieu of contributions, which he THE 2,086
EMPLOYER has paid on his THE EMPLOYER'S own behalf. 2,087
(2) If, as of the computation date, a contributory 2,089
employer's account shows a negative balance computed as provided 2,090
in division (C)(A)(3) of section 4141.25 of the Revised Code, 2,091
less any contributions due and unpaid on such date, which 2,092
negative balance is in excess of the limitations imposed by 2,093
divisions (A)(2)(a), (b), and (c) of this section and if the 2,094
employer's account is otherwise eligible for the transfer, then 2,095
before his THE EMPLOYER'S contribution rate is computed for the 2,096
next succeeding contribution period, an amount equal to the 2,097
amount of the excess eligible for transfer shall be permanently 2,098
transferred from the account of such employer and charged to the 2,099
mutualized account provided in division (D)(B) of section 4141.25 2,100
of the Revised Code. 2,101
(a) If as of any computation date, a contributory 2,103
employer's account shows a negative balance in excess of ten per 2,104
cent of the employer's average annual payroll, then before his 2,105
THE EMPLOYER'S contribution rate is computed for the next 2,106
succeeding contribution period, an amount equal to the amount of 2,107
the excess shall be transferred from the account as provided in 2,108
this division. No contributory employer's account may have any 2,109
excess transferred pursuant to division (A)(2)(a) of this 2,110
section, unless his THE EMPLOYER'S account has shown a positive 2,111
balance for at least two consecutive computation dates prior to 2,112
the computation date with respect to which the transfer is 2,113
proposed. Each time a transfer is made pursuant to division 2,114
(A)(2)(a) of this section, the employer's account is ineligible 2,115
for any additional transfers under that division, until the 2,116
account shows a positive balance for at least two consecutive 2,117
computation dates subsequent to the computation date of which the 2,118
most recent transfer occurs pursuant to division (A)(2)(a), (b), 2,119
52
or (c) of this section.
(b) If at the next computation date after the computation 2,121
date at which a transfer from the account occurs pursuant to 2,122
division (A)(2)(a) of this section, a contributory employer's 2,123
account shows a negative balance in excess of fifteen per cent of 2,124
the employer's average annual payroll, then before his THE 2,125
EMPLOYER'S contribution rate is computed for the next succeeding 2,126
contribution period an amount equal to the amount of the excess 2,127
shall be permanently transferred from the account as provided in 2,128
this division. 2,129
(c) If at the next computation date subsequent to the 2,131
computation date at which a transfer from a contributory 2,132
employer's account occurs pursuant to division (A)(2)(b) of this 2,133
section, the employer's account shows a negative balance in 2,134
excess of twenty per cent of the employer's average annual 2,135
payroll, then before his THE EMPLOYER'S contribution rate is 2,136
computed for the next succeeding contribution period, an amount 2,137
equal to the amount of the excess shall be permanently 2,138
transferred from the account as provided in this division. 2,139
(d) If no transfer occurs pursuant to division (A)(2)(b) 2,141
or (c) of this section, the employer's account is ineligible for 2,142
any additional transfers under division (A)(2) until the account 2,143
requalifies for a transfer pursuant to division (A)(2)(a) of this 2,144
section. 2,145
(B) Any employer may make voluntary payments in addition 2,147
to the contributions required under this chapter, in accordance 2,148
with rules established by the administrator. Such payments shall 2,149
be included in the employer's account as of the computation date, 2,150
provided they are received by the bureau of employment services 2,151
by the thirty-first day of December following such computation 2,152
date. Such voluntary payment, when accepted from an employer, 2,153
will not be refunded in whole or in part. In determining whether 2,154
an employer's account has a positive balance on two consecutive 2,155
computation dates and is eligible for transfers under division 2,156
53
(A)(2) of this section, the administrator shall exclude any 2,157
voluntary payments made subsequent to the last transfer made 2,158
under division (A)(2) of this section. 2,159
(C) All contributions to the fund shall be pooled and 2,161
available to pay benefits to any individual entitled to benefits 2,162
irrespective of the source of such contributions. 2,163
(D)(1) For the purposes of this section and sections 2,165
4141.241 and 4141.242 of the Revised Code, an employer's account 2,166
shall be charged only for benefits based on remuneration paid by 2,167
such employer. Benefits paid to an eligible individual shall be 2,168
charged against the account of each employer within the 2,169
claimant's base period in the proportion to which wages 2,170
attributable to each employer of the claimant bears to the 2,171
claimant's total base period wages. Charges to the account of a 2,172
base period employer with whom the claimant is employed part-time 2,173
at the time his THE CLAIMANT'S application for a determination of 2,175
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 2,176
(a) The claimant also worked part-time for the employer 2,178
during the base period of the claim. 2,179
(b) The claimant is unemployed due to loss of other 2,181
employment. 2,182
(c) The employer either is not a reimbursing employer 2,184
under section 4141.241 or 4141.242 of the Revised Code or is a 2,185
reimbursing employer who has been determined to be a seasonal 2,186
employer pursuant to section 4141.33 of the Revised Code, and the 2,187
benefit charges are for weeks of unemployment that occurred 2,188
outside the seasonal employer's seasonal period. 2,189
(2) NOTWITHSTANDING DIVISION (D)(1) OF THIS SECTION, 2,191
CHARGES TO THE ACCOUNT OF ANY EMPLOYER, INCLUDING ANY REIMBURSING 2,192
EMPLOYER, SHALL BE CHARGED TO THE MUTUALIZED ACCOUNT IF IT 2,193
FINALLY IS DETERMINED BY A COURT ON APPEAL THAT THE EMPLOYER'S 2,194
ACCOUNT IS NOT CHARGEABLE FOR THE BENEFITS.
(3) The administrator shall notify each employer at least 2,196
54
once each month of the benefits charged to his THE EMPLOYER'S 2,197
account since the last preceding notice; except that for the 2,199
purposes of sections 4141.241 and 4141.242 of the Revised Code 2,200
which provides the billing of employers on a payment in lieu of a 2,201
contribution basis, the administrator may prescribe a quarterly 2,202
or less frequent notice of benefits charged to the employer's 2,203
account. Such notice will show a summary of the amount of 2,204
benefits paid which were charged to the employer's account. This 2,205
notice shall not be deemed a determination of the claimant's 2,206
eligibility for benefits. Any employer so notified, may, 2,207
however, MAY FILE within fifteen days after the mailing date of 2,208
the notice, file an exception to charges appearing on the notice 2,210
on the grounds that such charges are not in accordance with this 2,211
section. The administrator shall promptly examine the exception 2,212
to such charges and shall notify the employer of his THE 2,213
ADMINISTRATOR'S decision thereon, which decision shall become 2,214
final unless appealed to the board of UNEMPLOYMENT COMPENSATION 2,215
review COMMISSION in the manner provided in section 4141.26 of 2,216
the Revised Code. For the purposes of this division, an 2,217
exception is considered timely filed when it has been received as 2,218
provided in division (I)(2) of section 4141.28 of the Revised 2,219
Code.
(3) For the purpose of this section and sections 4141.241 2,221
and 4141.242 of the Revised Code, benefits based on public 2,222
service wages for services performed in a public service job as 2,223
defined in the "Comprehensive Employment and Training Act of 2,224
1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, to the extent 2,225
that wages are paid with funds provided under that federal act 2,226
shall not be charged to the account of any employer but shall be 2,227
charged to the account of the federal government to the extent 2,228
that the unemployment compensation fund is reimbursed for 2,229
benefits under section 221, Title II of the "Emergency Jobs and 2,230
Unemployment Assistance Act of 1974," 88 Stat. 1845, as added by 2,231
section 6(a) of Public Law 94-444, as amended. 2,232
55
(E) The administrator shall terminate and close the 2,234
account of any contributory employer who has been subject to this 2,235
chapter if the enterprise for which the account was established 2,236
is no longer in operation and it has had no payroll and its 2,237
account has not been chargeable with benefits for a period of 2,238
five consecutive years. The amount of any positive balance, 2,239
computed as provided in division (C)(A)(3) of section 4141.25 of 2,241
the Revised Code, in an account closed and terminated as provided
in this section shall be credited to the mutualized account as 2,242
provided in division (D)(B)(2)(b) of section 4141.25 of the 2,243
Revised Code. The amount of any negative balance, computed as 2,244
provided in division (C)(A)(3) of section 4141.25 of the Revised 2,245
Code, in an account closed and terminated as provided in this 2,246
section shall be charged to the mutualized account as provided in 2,247
division (D)(B)(1)(b) of section 4141.25 of the Revised Code. 2,248
The amount of any positive balance or negative balance, credited 2,250
or charged to the mutualized account after the termination and 2,251
closing of an employer's account, shall not thereafter be 2,252
considered in determining the contribution rate of such employer. 2,253
The closing of an employer's account as provided in this division 2,254
shall not relieve such employer from liability for any unpaid 2,255
contributions or payment in lieu of contributions which are due 2,256
for periods prior to such closing. 2,257
If the administrator finds that a contributory employer's 2,259
business is closed solely because of the entrance of one or more 2,260
of the owners, officers, or partners, or the majority 2,261
stockholder, into the armed forces of the United States, or any 2,262
of its allies, or of the United Nations after July 1, 1950, such 2,263
employer's account shall not be terminated and if the business is 2,264
resumed within two years after the discharge or release of such 2,265
persons from active duty in the armed forces, the employer's 2,266
experience shall be deemed to have been continuous throughout 2,267
such period. The reserve ratio of any such employer shall be the 2,268
total contributions paid by such employer minus all benefits, 2,269
56
including benefits paid to any individual during the period such 2,270
employer was in the armed forces, based upon wages paid by him 2,271
THE EMPLOYER prior to his THE EMPLOYER'S entrance into the armed 2,272
forces divided by the average of his THE EMPLOYER'S annual 2,274
payrolls for the three most recent years during the whole of 2,276
which the employer has been in business.
(F) If an employer transfers his THE EMPLOYER'S business 2,278
or otherwise reorganizes such business, the successor in interest 2,279
shall assume the resources and liabilities of such employer's 2,280
account, and continue the payment of all contributions, or 2,281
payments in lieu of contributions, due under this chapter. If an 2,282
employer acquires substantially all of the assets in a trade or 2,283
business of another employer, or a clearly segregable and 2,284
identifiable portion of an employer's enterprise, and immediately 2,285
after the acquisition employs in his THE EMPLOYER'S trade or 2,286
business substantially the same individuals who immediately prior 2,288
to the acquisition were employed in the trade or business or in 2,289
the separate unit of such trade or business of such predecessor 2,290
employer, then, upon application to the administrator signed by 2,291
the predecessor employer and the acquiring employer, the employer 2,292
acquiring such enterprise is the successor in interest. In the 2,293
case of a transfer of a portion of an employer's enterprise, only 2,294
that part of the experience with unemployment compensation and 2,295
payrolls that is directly attributable to the segregated and 2,296
identifiable part shall be transferred and used in computing the 2,297
contribution rate of the successor employer on the next 2,298
computation date. The administrator by rule may prescribe 2,299
procedures for effecting transfers of experience as provided for 2,300
in this section.
(G) For the purposes of this section, two or more 2,302
employers who are parties to or the subject of a merger, 2,303
consolidation, or other form of reorganization effecting a change 2,304
in legal identity or form are deemed to be a single employer if 2,305
the administrator finds that immediately after such change the 2,306
57
employing enterprises of the predecessor employers are continued 2,307
solely through a single employer as successor thereto, and 2,308
immediately after such change such successor is owned or 2,309
controlled by substantially the same interests as the predecessor 2,310
employers, and the successor has assumed liability for all 2,311
contributions required of the predecessor employers, and the 2,312
consideration of such two or more employers as a single employer 2,313
for the purposes of this section would not be inequitable. 2,314
(H) No rate of contribution less than three TWO AND 2,316
SEVEN-TENTHS per cent shall be permitted a contributory employer 2,318
succeeding to the experience of another contributory employer 2,319
pursuant to this section for any period subsequent to such 2,320
succession, except in accordance with rules prescribed by the 2,321
administrator, which rules shall be consistent with federal 2,322
requirements for additional credit allowance in section 3303 of 2,323
the "Internal Revenue Code of 1954" and consistent with this 2,324
chapter, except that such rules may establish a computation date 2,325
for any such period different from the computation date generally 2,326
prescribed by this chapter, and may define "calendar year" as 2,327
meaning a twelve consecutive month period ending on the same day 2,328
of the year as that on which such computation date occurs. 2,329
(I) The administrator may prescribe rules for the 2,331
establishment, maintenance, and dissolution of common 2,332
contribution rates for two or more contributory employers, and in 2,333
accordance with such rules and upon application by two or more 2,334
employers shall establish such common rate to be computed by 2,335
merging the several contribution rate factors of such employers 2,336
for the purpose of establishing a common contribution rate 2,337
applicable to all such employers. 2,338
Sec. 4141.241. (A)(1) Any nonprofit organization 2,347
described in division (X) of section 4141.01 of the Revised Code, 2,348
which becomes subject to this chapter on or after January 1, 2,349
1972, shall pay contributions under section 4141.25 of the 2,350
Revised Code, unless it elects, in accordance with this division, 2,351
58
to pay to the administrator of employment services for deposit in 2,352
the unemployment compensation fund an amount in lieu of 2,353
contributions equal to the amount of regular benefits plus one 2,354
half of extended benefits paid from that fund that is 2,355
attributable to service in the employ of the nonprofit 2,356
organization to individuals whose service, during the base period 2,357
of the claims, was within the effective period of such election. 2,358
(2) Any nonprofit organization which becomes subject to 2,360
this chapter after January 1, 1972, may elect to become liable 2,361
for payments in lieu of contributions for a period of not less 2,362
than the remainder of that calendar year and the next calendar 2,363
year, beginning with the date on which such subjectivity begins, 2,364
by filing a written notice of its election with the administrator 2,365
not later than thirty days immediately following the date of the 2,366
determination of such subjectivity. 2,367
(3) Any nonprofit organization which makes an election in 2,369
accordance with this division will continue to be liable for 2,370
payments in lieu of contributions for the period described in 2,371
this division and until it files with the administrator a written 2,372
notice terminating its election. The notice shall be filed not 2,373
later than thirty days prior to the beginning of the calendar 2,374
year for which the termination is to become effective. 2,375
(4) Any nonprofit organization which has been paying 2,377
contributions for a period subsequent to January 1, 1972, may 2,378
change to a reimbursable basis by filing with the administrator, 2,379
not later than thirty days prior to the beginning of any calendar 2,380
year, a written notice of election to become liable for payments 2,381
in lieu of contributions. The election shall not be terminable 2,382
by the organization during that calendar year and the next 2,383
calendar year. 2,384
(5) The administrator, in accordance with any rules the 2,386
administrator prescribes, shall notify each nonprofit 2,387
organization of any determination which the administrator may 2,389
make of its status as an employer and of the effective date of 2,391
59
any election which it makes and of any termination of the 2,392
election. Any determinations shall be subject to 2,393
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 2,394
(B) Except as provided in division (I) of section 4141.29 2,396
of the Revised Code, benefits based on service with a nonprofit 2,397
organization granted a reimbursing status under this section 2,398
shall be payable in the same amount, on the same terms, and 2,399
subject to the same conditions, as benefits payable on the basis 2,400
of other service subject to this chapter. Payments in lieu of 2,401
contributions shall be made in accordance with this division and 2,402
division (D) of section 4141.24 of the Revised Code. 2,403
(1)(a) At the end of each calendar quarter, or at the end 2,405
of any other period as determined by the administrator under 2,406
division (D)(2)(3) of section 4141.24 of the Revised Code, the 2,407
administrator shall bill each nonprofit organization or group of 2,408
such organizations which has elected to make payments in lieu of 2,409
contributions for an amount equal to the full amount of regular 2,410
benefits plus one half of the amount of extended benefits paid 2,411
during such quarter or other prescribed period which is 2,412
attributable to service in the employ of such organization. 2,413
(b) In the computation of the amount of benefits to be 2,415
charged to employers liable for payments in lieu of 2,416
contributions, all benefits attributable to service described in 2,417
division (B)(1)(a) of this section shall be computed and charged 2,418
to such organization as described in division (D) of section 2,419
4141.24 of the Revised Code, and, except as provided in division 2,420
(C)(D)(2) of section 4141.33 4121.24 of the Revised Code, no 2,422
portion of the amount may be charged to the mutualized account 2,423
established by division (D)(B) of section 4141.25 of the Revised 2,424
Code.
(c) The administrator may prescribe regulations under 2,426
which organizations, which have elected to make payments in lieu 2,427
of contributions may request permission to make such payments in 2,428
60
equal installments throughout the year with an adjustment at the 2,429
end of the year for any excess or shortage of the amount of such 2,430
installment payments compared with the total amount of benefits 2,431
actually charged the organization's account during the year. In 2,432
making any adjustment, where the total installment payments are 2,433
less than the actual benefits charged, the organization shall be 2,434
liable for payment of the unpaid balance in accordance with 2,435
division (B)(2) of this section. If the total installment 2,436
payments exceed the actual benefits charged, all or part of the 2,437
excess may, at the discretion of the administrator, be refunded 2,438
or retained in the fund as part of the payments which may be 2,439
required in the next year. 2,440
(2) Payment of any bill rendered under division (B)(1) of 2,442
this section shall be made not later than thirty days after the 2,443
bill was mailed to the last known address of the organization or 2,444
was otherwise delivered to it, unless there has been an 2,445
application for review and redetermination in accordance with 2,446
division (B)(4) of this section. 2,447
(3) Payments made by an organization under this section 2,449
shall not be deducted or deductible, in whole or in part, from 2,450
the remuneration of individuals in the employ of the 2,451
organization. 2,452
(4) An organization may file an application for review and 2,454
redetermination of the amounts appearing on any bill rendered to 2,455
such organization under division (B)(1) of this section. The 2,456
application shall be filed and determined under division 2,458
(D)(2)(3) of section 4141.24 of the Revised Code. 2,459
(5) Past due payments of amounts in lieu of contributions 2,461
shall be subject to the same interest rates and collection 2,462
procedures that apply to past due contributions under sections 2,463
4141.23 and 4141.27 of the Revised Code. In case of failure to 2,464
file a required quarterly report within the time prescribed by 2,465
the administrator, the nonprofit organization shall be subject to 2,466
a forfeiture pursuant to section 4141.20 of the Revised Code for 2,467
61
each quarterly report that is not timely filed. 2,468
All interest and forfeitures collected under this division 2,470
shall be paid into the unemployment compensation special 2,471
administrative fund as provided in section 4141.11 of the Revised 2,472
Code. 2,473
(6) All payments in lieu of contributions collected under 2,475
this section shall be paid into the unemployment compensation 2,476
fund as provided in section 4141.09 of the Revised Code. Any 2,477
refunds of such payments shall be paid from the unemployment 2,478
compensation fund, as provided in section 4141.09 of the Revised 2,479
Code. 2,480
(C)(1) Any nonprofit organization, or group of such 2,482
organizations approved under division (D) of this section, that 2,484
elects to become liable for payments in lieu of contributions 2,485
shall be required within thirty days after the effective date of 2,486
its election, to execute and file with the administrator a surety 2,487
bond approved by the administrator or it may elect instead to 2,488
deposit with the administrator approved municipal or other bonds, 2,489
or approved securities, or a combination thereof, or other forms 2,490
of collateral security approved by the administrator. 2,491
(2)(a) The amount of the bond or deposit required shall be 2,493
equal to three per cent of the organization's wages paid for 2,494
employment as defined in section 4141.01 of the Revised Code that 2,495
would have been taxable had the organization been a subject 2,496
employer during the four calendar quarters immediately preceding 2,497
the effective date of the election, or the amount established by 2,499
the administrator within the limitation provided in division 2,500
(C)(2)(d) of this section, whichever is the less. The effective 2,501
date of the amount of the bond or other collateral security 2,502
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 2,503
shall be the renewal date in the case of a bond or the biennial 2,505
anniversary of the effective date of election in the case of 2,506
deposit of securities or other forms of collateral security 2,507
62
approved by the administrator, whichever date shall be most 2,508
recent and applicable. If the nonprofit organization did not pay 2,509
wages in each of such four calendar quarters, the amount of the 2,510
bond or deposit shall be as determined by the administrator under 2,511
regulations prescribed for this purpose. 2,512
(b) Any bond or other form of collateral security approved 2,514
by the administrator deposited under this division shall be in 2,515
force for a period of not less than two calendar years and shall 2,516
be renewed with the approval of the administrator, at such times 2,517
as the administrator may prescribe, but not less frequently than 2,518
at two year intervals as long as the organization continues to be 2,519
liable for payments in lieu of contributions. The administrator 2,520
shall require adjustments to be made in a previously filed bond 2,521
or other form of collateral security as the administrator 2,523
considers appropriate. If the bond or other form of collateral 2,524
security is to be increased, the adjusted bond or collateral 2,525
security shall be filed by the organization within thirty days of 2,526
the date that notice of the required adjustment was mailed or 2,527
otherwise delivered to it. Failure by any organization covered 2,528
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 2,529
applicable interest provided for in division (B)(5) of this 2,530
section, shall render the surety liable on the bond or collateral 2,531
security to the extent of the bond or collateral security, as 2,532
though the surety was the organization. 2,533
(c) Any securities accepted in lieu of surety bond by the 2,535
administrator shall be deposited with the treasurer of state who 2,536
shall have custody thereof and retain the same in his or her THE 2,537
TREASURER OF STATE'S possession, or release them, according to 2,538
conditions prescribed by regulations of the administrator. 2,540
Income from the securities, held in custody by the treasurer of 2,541
state, shall accrue to the benefit of the depositor and shall be 2,542
distributed to the depositor in the absence of any notification 2,543
from the administrator that the depositor is in default on any 2,544
63
payment owed to the bureau of employment services. The 2,545
administrator may require the sale of any such bonds to the 2,546
extent necessary to satisfy any unpaid payments in lieu of 2,547
contributions, together with any applicable interest or 2,548
forfeitures provided for in division (B)(5) of this section. The 2,549
administrator shall require the employer within thirty days 2,550
following any sale of deposited securities, under this 2,551
subdivision, to deposit additional securities, surety bond or 2,552
combination of both, to make whole the employer's security 2,553
deposit at the approved level. Any cash remaining from the sale 2,554
of such securities may, at the discretion of the administrator, 2,555
be refunded in whole or in part, or be paid into the unemployment 2,556
compensation fund to cover future payments required of the 2,557
organization.
(d) The required bond or deposit for any nonprofit 2,559
organization, or group of such organizations approved by the 2,560
administrator under division (D) of this section, that is 2,561
determined by the administrator to be liable for payments in lieu 2,562
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 2,563
deposit for any renewed elections under division (C)(2)(b) of 2,564
this section effective during that period shall not exceed one 2,565
million two hundred fifty thousand dollars. The required bond or 2,566
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 2,567
this section, that is determined to be liable for payments in 2,568
lieu of contributions effective on and after January 1, 1998, and 2,569
the required bond or deposit for any renewed elections effective 2,570
on and after January 1, 1998, shall not exceed two million 2,571
dollars.
(3) If any nonprofit organization fails to file a bond or 2,573
make a deposit, or to file a bond in an increased amount or to 2,574
make whole the amount of a previously made deposit, as provided 2,575
under this division, the administrator may terminate the 2,576
64
organization's election to make payments in lieu of contributions 2,577
effective for the quarter following such failure and the 2,578
termination shall continue for not less than the remainder of 2,579
that calendar year and the next calendar year, beginning with the 2,580
quarter in which the termination becomes effective; except that 2,581
the administrator may extend for good cause the applicable 2,582
filing, deposit or adjustment period by not more than thirty 2,583
days. 2,584
(D)(1) Two or more nonprofit organizations that have 2,586
become liable for payments in lieu of contributions, in 2,587
accordance with division (A) of this section, may file a joint 2,588
application to the administrator for the establishment of the 2,589
group account for the purpose of sharing the cost of benefits 2,590
paid that are attributable to service in the employ of those 2,591
employers. Notwithstanding division (E) of section 4141.242 of 2,592
the Revised Code, hospitals operated by this state or a political 2,593
subdivision may participate in a group account with nonprofit 2,594
organizations under the procedures set forth in this section. 2,595
Each application shall identify and authorize a group 2,596
representative to act as the group's agent for the purposes of 2,597
this division. 2,598
(2) Upon the administrator's approval of the application, 2,600
the administrator shall establish a group account for the 2,601
employers effective as of the beginning of the calendar quarter 2,602
in which he THE ADMINISTRATOR receives the application and shall 2,603
notify the group's representative of the effective date of the 2,604
account. The account shall remain in effect for not less than 2,605
two years and thereafter until terminated by the administrator or 2,606
upon application by the group. 2,607
(3) Upon establishment of the account, each member of the 2,609
group shall be liable, in the event that the group representative 2,610
fails to pay any bill issued to it pursuant to division (B) of 2,611
this section, for payments in lieu of contributions with respect 2,612
to each calendar quarter in the amount that bears the same ratio 2,613
65
to the total benefits paid in the quarter that are attributable 2,614
to service performed in the employ of all members of the group as 2,615
the total wages paid for service in employment by the member in 2,616
the quarter bear to the total wages paid during the quarter for 2,617
service performed in the employ of all members of the group. 2,618
(4) The administrator shall adopt regulations as 2,620
considered necessary with respect to the following: applications 2,621
for establishment, bonding, maintenance, and termination of group 2,622
accounts that are authorized by this section; addition of new 2,623
members to and withdrawal of active members from such accounts; 2,624
and the determination of the amounts that are payable under this 2,625
division by the group representative and in the event of default 2,626
in payment by the group representative, members of the group, and 2,627
the time and manner of payments. 2,628
Sec. 4141.25. (A) Wages paid for services in a public 2,637
service job as defined in the "Comprehensive Employment and 2,638
Training Act of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, 2,639
shall not be subject to contribution to the extent that wages are 2,640
paid with funds provided under that federal act and are not 2,641
subject to the tax imposed by the "Federal Unemployment Tax Act," 2,642
53 Stat. 183 (1939), 26 U.S.C.A. 3301, and that benefits based on 2,643
those services are reimbursed to this state by the federal 2,644
government. 2,645
(B) An employer who first becomes subject to this chapter 2,647
as a contributory employer shall pay the average contribution 2,648
rate computed for the industry in which the employer is engaged, 2,649
or a rate of three per cent, whichever is greater, until there 2,650
have been four consecutive calendar quarters, ending on the 2,651
thirtieth day of June prior to the computation date throughout 2,652
which the employer's account was chargeable with benefits. Upon 2,653
expiration of this qualifying period, the rate shall then be 2,654
computed in accordance with division (C) of this section. The 2,655
"average contribution rate" for the industry as used in this 2,656
division means the most recent annual average rate reported by 2,657
66
the bureau of employment services contained in report RS 203.2. 2,658
(C) The administrator of the bureau of employment services 2,660
shall determine as of each computation date the contribution rate 2,661
of each CONTRIBUTING employer SUBJECT TO THIS CHAPTER for the 2,662
next succeeding contribution period. THE ADMINISTRATOR SHALL 2,663
DETERMINE A STANDARD RATE OF CONTRIBUTION OR AN EXPERIENCE RATE 2,664
FOR EACH CONTRIBUTING EMPLOYER. Once a rate of contribution has 2,665
been established under this section for a contribution period, 2,667
except as provided in division (D) of section 4141.26 of the 2,668
Revised Code, that rate shall remain effective throughout such 2,669
contribution period. The rate of contribution shall be 2,670
determined in accordance with the following requirements: 2,671
(1) An EMPLOYER WHOSE EXPERIENCE DOES NOT MEET THE TERMS 2,673
OF DIVISION (A)(2) OF THIS SECTION SHALL BE ASSIGNED A STANDARD 2,674
RATE OF CONTRIBUTION. EFFECTIVE FOR CONTRIBUTION PERIODS 2,675
BEGINNING ON AND AFTER JANUARY 1, 1998, AN employer's standard 2,677
rate of contribution shall be A RATE OF TWO AND SEVEN-TENTHS PER 2,678
CENT, EXCEPT THAT THE RATE FOR EMPLOYERS ENGAGED IN THE 2,679
CONSTRUCTION INDUSTRY SHALL BE the average contribution rate 2,680
computed for the CONSTRUCTION industry in which the employer is 2,681
engaged or as set forth in division (B) of this section OR A RATE 2,682
OF TWO AND SEVEN-TENTHS PER CENT, whichever is greater, unless 2,683
there have been four consecutive calendar quarters, ending on the 2,684
thirtieth day of June prior to the computation date, throughout 2,685
which the employer's account was chargeable with benefits, 2,686
including an employer whose account is reactivated before being 2,687
terminated under division (E) of section 4141.24 of the Revised 2,688
Code. In the latter event any balance in the prior account, 2,689
either a positive or negative balance as described in division 2,690
(C)(3) of this section, shall be included in the reactivated 2,691
account. The standard rate set forth in THIS division (C)(1) of 2,692
this section shall be applicable to a nonprofit organization 2,693
whose election to make payments in lieu of contributions is 2,694
voluntarily terminated or canceled by the administrator under 2,695
67
section 4141.241 of the Revised Code, and thereafter pays 2,696
contributions as required by this section. If such nonprofit 2,697
organization had been a contributory employer prior to its 2,698
election to make payments in lieu of contributions, then any 2,699
prior balance in the contributory account shall become part of 2,700
the reactivated account.
AS USED IN DIVISION (A) OF THIS SECTION, "THE AVERAGE 2,703
CONTRIBUTION RATE COMPUTED FOR THE CONSTRUCTION INDUSTRY" MEANS
THE MOST RECENT ANNUAL AVERAGE RATE ATTRIBUTABLE TO THE 2,705
CONSTRUCTION GROUP AS PRESCRIBED BY THE ADMINISTRATOR. 2,706
(2) A CONTRIBUTING EMPLOYER SUBJECT TO THIS CHAPTER SHALL 2,708
QUALIFY FOR AN EXPERIENCE RATE ONLY IF THE EMPLOYER HAD NO MORE 2,709
THAN THREE CONSECUTIVE QUARTERS WITHOUT EMPLOYMENT SUBJECT TO 2,710
THIS CHAPTER DURING THE FIRST SEVEN OF THE EIGHT COMPLETED 2,711
CALENDAR QUARTERS IMMEDIATELY PRIOR TO THE COMPUTATION DATE. 2,712
Upon MEETING the expiration of the qualifying period REQUIREMENTS 2,713
provided for in division (C)(1)(A)(2) of this section, and as of 2,714
each computation date thereafter, the administrator shall 2,715
calculate the total credits to each employer's account consisting 2,716
of the contributions other than mutualized contributions 2,717
including all contributions paid prior to the computation date 2,718
for all past periods plus: 2,719
(a) The contributions owing on the computation date that 2,721
are paid within thirty days after the computation date, and 2,722
credited to the employer's account; 2,723
(b) All voluntary contributions paid by an employer 2,725
pursuant to division (B) of section 4141.24 of the Revised Code. 2,726
(3) The administrator shall also SHALL determine the 2,728
benefits which are chargeable to each employer's account and 2,730
which were paid prior to the computation date with respect to 2,731
weeks of unemployment ending prior to the computation date. The 2,732
administrator shall then SHALL determine the positive or negative 2,734
balance of each employer's account by calculating the excess of 2,735
such contributions and interest over the benefits chargeable, or 2,736
68
the excess of such benefits over such contributions and interest. 2,737
Any resulting negative balance shall then SHALL be subject to 2,738
adjustment as provided in division (A)(2) of section 4141.24 of 2,739
the Revised Code after which the positive or negative balance 2,740
shall be expressed in terms of a percentage of the employer's 2,741
average annual payroll. If the total standing to the credit of 2,742
an employer's account exceeds the total charges, as provided in 2,743
this division, the employer has a positive balance and if such 2,744
charges exceed such credits the employer has a negative balance. 2,745
Each employer's contribution rate shall then be determined in 2,746
accordance with the following schedule: 2,747
Contribution Rate Schedule 2,748
If, as of the computation date The employer's 2,757
the contribution rate balance of contribution rate for 2,758
an employer's account as a the next succeeding 2,759
percentage of the employer's contribution period 2,760
average annual payroll is shall be 2,761
(a) A negative balance of: 2,764
20.0% or more 6.5% 2,765
19.0% but less than 20.0% 6.4% 2,766
17.0% but less than 19.0% 6.3% 2,767
15.0% but less than 17.0% 6.2% 2,768
13.0% but less than 15.0% 6.1% 2,769
11.0% but less than 13.0% 6.0% 2,770
9.0% but less than 11.0% 5.9% 2,771
5.0% but less than 9.0% 5.7% 2,772
4.0% but less than 5.0% 5.5% 2,773
3.0% but less than 4.0% 5.3% 2,774
2.0% but less than 3.0% 5.1% 2,775
1.0% but less than 2.0% 4.9% 2,776
more than 0.0% but less than 1.0% 4.8% 2,777
(b) A 0.0% or a positive 2,778
balance of less than 1.0% 4.7% 2,779
(c) A positive balance of: 2,780
69
1.0% or more, but less than 1.5% 4.6% 2,781
1.5% or more, but less than 2.0% 4.5% 2,782
2.0% or more, but less than 2.5% 4.3% 2,783
2.5% or more, but less than 3.0% 4.0% 2,784
3.0% or more, but less than 3.5% 3.8% 2,785
3.5% or more, but less than 4.0% 3.5% 2,786
4.0% or more, but less than 4.5% 3.3% 2,787
4.5% or more, but less than 5.0% 3.0% 2,788
5.0% or more, but less than 5.5% 2.8% 2,789
5.5% or more, but less than 6.0% 2.5% 2,790
6.0% or more, but less than 6.5% 2.2% 2,791
6.5% or more, but less than 7.0% 2.0% 2,792
7.0% or more, but less than 7.5% 1.8% 2,793
7.5% or more, but less than 8.0% 1.6% 2,794
8.0% or more, but less than 8.5% 1.4% 2,795
8.5% or more, but less than 9.0% 1.3% 2,796
9.0% or more, but less than 9.5% 1.1% 2,797
9.5% or more, but less than 10.0% 1.0% 2,798
10.0% or more, but less than 10.5% .9% 2,799
10.5% or more, but less than 11.0% .7% 2,800
11.0% or more, but less than 11.5% .6% 2,801
11.5% or more, but less than 12.0% .5% 2,802
12.0% or more, but less than 12.5% .4% 2,803
12.5% or more, but less than 13.0% .3% 2,804
13.0% or more, but less than 14.0% .2% 2,805
14.0% or more .1% 2,806
(d) The contribution rates shall be as specified in 2,809
divisions (a), (b), and (c) of the contribution rate schedule 2,810
except that notwithstanding the amendments made to division (a) 2,811
of the contribution rate schedule in this section, if, as of the 2,812
computation date: for 1991, the negative balance is 5.0% or 2,813
more, the contribution rate shall be 5.7%; for 1992, if the 2,814
negative balance is 11.0% or more, the contribution rate shall be 2,815
6.0%; and for 1993, if the negative balance is 17.0% or more, the 2,816
70
contribution rate shall be 6.3%. Thereafter, the contribution 2,817
rates shall be as specified in the contribution rate schedule. 2,818
(D)(B)(1) The administrator shall establish and maintain a 2,820
separate account to be known as the "mutualized account." As of 2,821
each computation date there shall be charged to this account: 2,822
(a) As provided in division (A)(2) of section 4141.24 of 2,824
the Revised Code, an amount equal to the sum of that portion of 2,825
the negative balances of employer accounts which exceeds the 2,826
applicable limitations as such balances are computed under 2,827
division (C)(A) of this section as of such date; 2,828
(b) An amount equal to the sum of the negative balances 2,830
remaining in employer accounts which have been closed during the 2,831
year immediately preceding such computation date pursuant to 2,832
division (E) of section 4141.24 of the Revised Code; 2,833
(c) An amount equal to the sum of all benefits improperly 2,835
paid preceding such computation date which are not recovered but 2,836
which are not charged to an employer's account, or which after 2,837
being charged, are credited back to an employer's account; 2,838
(d) An amount equal to the sum of any other benefits paid 2,840
preceding such computation date which, under this chapter, are 2,841
not chargeable to an employer's account; 2,842
(e) An amount equal to the sum of any refunds made during 2,844
the year immediately preceding such computation date of 2,845
erroneously collected mutualized contributions required by this 2,846
division which were previously credited to this account; 2,847
(f) An amount equal to the sum of any repayments made to 2,849
the federal government during the year immediately preceding such 2,850
computation date of amounts which may have been advanced by it to 2,851
the unemployment compensation fund under section 1201 of the 2,852
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 2,853
(g) Any amounts appropriated by the general assembly out 2,855
of funds paid by the federal government, under section 903 of the 2,856
"Social Security Act," to the account of this state in the 2,857
federal unemployment trust fund. 2,858
71
(2) As of every computation date there shall be credited 2,860
to the mutualized account provided for in this division: 2,861
(a) The proceeds of the mutualized contributions as 2,863
provided in this division; 2,864
(b) Any positive balances remaining in employer accounts 2,866
which are closed as provided in division (E) of section 4141.24 2,867
of the Revised Code; 2,868
(c) Any benefits improperly paid which are recovered but 2,870
which cannot be credited to an employer's account; 2,871
(d) All amounts which may be paid by the federal 2,873
government under section 903 of the "Social Security Act" to the 2,874
account of this state in the federal unemployment trust fund; 2,875
(e) Amounts advanced by the federal government to the 2,877
account of this state in the federal unemployment trust fund 2,878
under section 1201 of the "Social Security Act" to the extent 2,879
such advances have been repaid to or recovered by the federal 2,880
government; 2,881
(f) Interest credited to the Ohio unemployment trust fund 2,883
as deposited with the secretary of the treasury of the United 2,884
States. 2,885
(3) Annually, as of the computation date, the 2,887
administrator shall determine the total credits and charges made 2,888
to the mutualized account during the preceding twelve months and 2,889
the overall condition of the account. The administrator shall 2,890
issue an annual statement containing this information and such 2,892
other information as the administrator deems pertinent, including 2,893
a report that the sum of the balances in the mutualized account, 2,895
employers' accounts, and any subsidiary accounts equal the 2,896
balance in the state's unemployment trust fund maintained under 2,897
section 904 of the "Social Security Act." 2,898
(4) As used in this division: 2,900
(a) "Fund as of the computation date" means as of any 2,902
computation date, the aggregate amount of the unemployment 2,903
compensation fund, including all contributions owing on the 2,904
72
computation date that are paid within thirty days thereafter, all 2,905
payments in lieu of contributions that are paid within sixty days 2,906
after the computation date, all reimbursements of the federal 2,907
share of extended benefits described in section 4141.301 of the 2,908
Revised Code that are owing on the computation date, and all 2,909
interest earned by the fund and received on or before the 2,910
computation date from the federal government. 2,911
(b) "Minimum safe level" means an amount equal to two 2,913
standard deviations above the average of the adjusted annual 2,914
average unemployment compensation benefit payment from 1970 to 2,915
the most recent calendar year prior to the computation date, as 2,916
determined by the administrator pursuant to division (D)(B)(4)(b) 2,918
of this section. To determine the adjusted annual payment of 2,919
unemployment compensation benefits, the administrator first shall 2,920
multiply the number of weeks compensated during each calendar 2,921
year beginning with 1970 by the most recent annual average weekly 2,922
unemployment compensation benefit payment and then compute the 2,923
average and standard deviation of the resultant products. 2,924
(c) "Annual average weekly unemployment compensation 2,926
benefit payment" means the amount resulting from dividing the 2,927
unemployment compensation benefits paid from the benefit account 2,928
maintained within the unemployment compensation fund pursuant to 2,929
section 4141.09 of the Revised Code, by the number of weeks 2,930
compensated during the same time period. 2,931
(5) If, as of any computation date, the charges to the 2,933
mutualized account during the entire period subsequent to the 2,934
computation date, July 1, 1966, made in accordance with division 2,935
(D)(B)(1) of this section, exceed the credits to such account 2,936
including mutualized contributions during such period, made in 2,937
accordance with division (D)(B)(2) of this section, the amount of 2,939
such excess charges shall be recovered during the next 2,940
contribution period. To recover such amount, the administrator 2,941
shall compute the percentage ratio of such excess charges to the 2,942
average annual payroll of all employers eligible for an 2,943
73
experience rate under division (C)(A) of this section. The 2,944
percentage so determined shall be computed to the nearest tenth 2,945
of one per cent and shall be an additional contribution rate to 2,946
be applied to the wages paid by each employer whose rate is 2,947
computed under the provisions of division (C)(A) of this section 2,949
in the contribution period next following such computation date, 2,950
but such percentage shall not exceed five-tenths of one per cent; 2,951
however, when there are any excess charges in the mutualized 2,952
account, as computed in this division, then the mutualized 2,953
contribution rate shall not be less than one-tenth of one per 2,954
cent. 2,955
(6) If the fund as of the computation date is above or 2,957
below minimum safe level, the contribution rates provided for in 2,958
each classification in division (C)(A)(3) of this section for the 2,960
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 2,962
safe level, the contribution rates provided in division (C)(A)(3) 2,964
of this section shall be decreased two-tenths of one per cent. 2,965
(b) If the fund is more than fifteen per cent but less 2,967
than thirty per cent above minimum safe level, the contribution 2,968
rates provided in division (C)(A)(3) of this section shall be 2,969
decreased one-tenth of one per cent. 2,970
(c) If the fund is more than fifteen per cent but less 2,972
than thirty per cent below minimum safe level, the contribution 2,973
rates of all employers shall be increased twenty-five 2,974
one-thousandths of one per cent plus a per cent increase 2,975
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,977
section.
(d) If the fund is more than thirty per cent but less than 2,979
forty-five per cent below minimum safe level, the contribution 2,980
rates of all employers shall be increased seventy-five 2,981
one-thousandths of one per cent plus a per cent increase 2,982
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,984
section.
74
(e) If the fund is more than forty-five per cent but less 2,986
than sixty per cent below minimum safe level, the contribution 2,987
rates of all employers shall be increased one-eighth of one per 2,988
cent plus a per cent increase calculated and rounded pursuant to 2,989
division (D)(B)(6)(g) of this section. 2,990
(f) If the fund is sixty per cent or more below minimum 2,992
safe level, the contribution rates of all employers shall be 2,993
increased two-tenths of one per cent plus a per cent increase 2,994
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,996
section.
(g) The additional per cent increase in contribution rates 2,998
required by divisions (D)(B)(6)(c), (d), (e), and (f) of this 2,999
section that is payable by each individual employer shall be 3,000
calculated in the following manner. The flat rate increase 3,001
required by a particular division shall be multiplied by three 3,002
and the product divided by the average experienced-rated 3,003
contribution rate for all employers as determined by the 3,004
administrator for the most recent calendar year. The resulting 3,005
quotient shall be multiplied by an individual employer's 3,006
contribution rate determined pursuant to division (C)(A)(3) of 3,007
this section. The resulting product shall be rounded to the 3,009
nearest tenth of one per cent, added to the flat rate increase 3,010
required by division (D)(B)(6)(c), (d), (e), or (f) of this 3,011
section, as appropriate, and the total shall be rounded to the 3,012
nearest tenth of one per cent. As used in division (D)(B)(6)(g) 3,013
of this section, the "average experienced-rated contribution 3,015
rate" means the most recent annual average contribution rate 3,016
reported by the bureau contained in report RS 203.2 less the 3,017
mutualized and minimum safe level contribution rates included in 3,018
such rate.
(h) If any of the increased contribution rates of division 3,020
(D)(B)(6)(c), (d), (e), or (f) of this section are imposed, the 3,022
rate shall remain in effect for the calendar year in which it is 3,023
imposed and for each calendar year thereafter until the 3,024
75
administrator determines as of the computation date for calendar 3,025
year 1991 and as of the computation date for any calendar year 3,026
thereafter pursuant to this section, that the level of the 3,027
unemployment compensation fund equals or exceeds the minimum safe 3,028
level as defined in division (D)(B)(4)(b) of this section. 3,029
Nothing in division (D)(B)(6)(h) of this section shall be 3,031
construed as restricting the imposition of the increased 3,032
contribution rates provided in divisions (D)(B)(6)(c), (d), (e), 3,033
and (f) of this section if the fund falls below the percentage of 3,034
the minimum safe level as specified in those divisions. 3,035
(7) The additional contributions required by division 3,038
(D)(B)(5) of this section shall be credited to the mutualized
account. The additional contributions required by division 3,040
(D)(B)(6) of this section shall be credited fifty per cent to
individual employer accounts and fifty per cent to the mutualized 3,041
account. 3,042
(E)(C) If an employer makes a payment of contributions 3,044
which is less than the full amount required by divisions (C)(A) 3,045
and (D)(B) of this section, such partial payment shall be applied 3,047
first against the mutualized contributions required under 3,048
division (D)(B) of this section, including the additional 3,050
contributions required under division (D)(B)(6) of this section. 3,051
Any remaining partial payment shall be credited to the employer's 3,053
individual account.
(F)(D) Whenever there are any increases in contributions 3,055
resulting from an increase in wages subject to contributions as 3,056
defined in division (G) of section 4141.01 of the Revised Code, 3,057
or from an increase in the mutualized rate of contributions 3,058
provided in division (D)(B) of this section, or from a revision 3,060
of the contribution rate schedule provided in division (C)(A) of 3,061
this section, except for that portion of the increase 3,063
attributable to a change in the positive or negative balance in 3,064
an employer's account, which increases become effective after a 3,065
contract for the construction of real property, as defined in 3,066
76
section 5701.02 of the Revised Code, has been entered into, the 3,067
contractee upon written notice by a prime contractor shall 3,068
reimburse the contractor for all increased contributions paid by 3,069
the prime contractor or by subcontractors upon wages for services 3,070
performed under the contract. Upon reimbursement by the 3,071
contractee to the prime contractor, the prime contractor shall 3,072
reimburse each subcontractor for the increased contributions. 3,073
(G)(E) Effective only for the contribution period 3,075
beginning on January 1, 1996, and ending on December 31, 1996, 3,076
mutualized contributions collected or received by the 3,077
administrator pursuant to division (D)(B)(5) of this section and 3,079
amounts credited to the mutualized account pursuant to division
(D)(B)(7) of this section shall be deposited into or credited to 3,081
the unemployment compensation benefit reserve fund that is 3,082
created under division (H)(F) of this section, except that 3,083
amounts collected, received, or credited in excess of two hundred 3,085
million dollars shall be deposited into or credited to the 3,086
unemployment trust fund established pursuant to section 4141.09 3,088
of the Revised Code.
(H)(F) The state unemployment compensation benefit reserve 3,091
fund is hereby created as a trust fund in the custody of the
treasurer of state and shall not be part of the state treasury. 3,092
The fund shall consist of all moneys collected or received as 3,094
mutualized contributions pursuant to division (D)(B)(5) of this 3,095
section and amounts credited to the mutualized account pursuant 3,096
to division (D)(B)(7) of this section as provided by division 3,098
(G)(E) of this section. All moneys in the fund shall be used 3,100
solely to pay unemployment compensation benefits in the event 3,101
that funds are no longer available for that purpose from the
unemployment trust fund established pursuant to section 4141.09 3,102
of the Revised Code. 3,103
(I)(G) The balance in the unemployment compensation 3,105
benefit reserve fund remaining at the end of the contribution 3,107
period beginning January 1, 2000, and any mutualized contribution 3,108
77
amounts for the contribution period beginning on January 1, 1996, 3,109
that may be received after December 31, 2000, shall be deposited 3,110
into the unemployment trust fund established pursuant to section 3,111
4141.09 of the Revised Code. Income earned on moneys in the 3,113
state unemployment compensation benefit reserve fund shall be 3,114
available for use by the administrator of the bureau of
employment services only for the purposes described in division 3,115
(K)(I) of this section, and shall not be used for any other 3,116
purpose.
(J)(H) The unemployment compensation benefit reserve fund 3,118
balance shall be added to the unemployment trust fund balance in 3,120
determining the minimum safe level tax to be imposed pursuant to 3,121
division (D)(B) of this section and shall be included in the 3,123
mutualized account balance for the purpose of determining the 3,124
mutualized contribution rate pursuant to division (D)(B)(5) of 3,125
this section.
(K)(I) All income earned on moneys in the unemployment 3,127
compensation benefit reserve fund from the investment of the fund 3,129
by the treasurer of state shall accrue to the bureau of 3,130
employment services automation administration fund, which is 3,131
hereby established in the state treasury. Moneys within the 3,132
automation administration fund shall be used to meet the costs 3,134
related to automation of the bureau and the administrative costs 3,135
related to collecting and accounting for unemployment
compensation benefit reserve fund revenue. Any funds remaining 3,136
in the automation administration fund upon completion of the 3,137
bureau's automation projects that are funded by that fund shall 3,138
be deposited into the unemployment trust fund established 3,139
pursuant to section 4141.09 of the Revised Code. 3,140
(L)(J) The administrator shall prepare and submit monthly 3,142
reports to the unemployment compensation advisory commission with 3,144
respect to the status of efforts to collect and account for 3,145
unemployment compensation benefit reserve fund revenue and the 3,146
costs related to collecting and accounting for that revenue. The 3,147
78
administrator shall obtain approval from the unemployment
compensation advisory commission for expenditure of funds from 3,149
the bureau of employment services automation administration fund. 3,150
Funds may be approved for expenditure for purposes set forth in 3,151
division (K)(I) of this section only to the extent that federal 3,153
or other funds are not available.
Sec. 4141.26. (A) As soon as practicable after the first 3,162
day of September but not later than the first day of December of 3,163
each year, the administrator of the bureau of employment services 3,164
shall notify each employer of the employer's contribution rate as 3,166
determined for the next ensuing contribution period pursuant to
section 4141.25 of the Revised Code provided the employer has 3,167
furnished the bureau of employment services, by the first day of 3,168
September following the computation date, with the wage 3,169
information for all past periods necessary for the computation of 3,170
the contribution rate. 3,171
(B)(1) In the case of contribution rates applicable to 3,173
contribution periods beginning on or before December 31, 1992, if 3,174
the employer has not furnished the necessary wage information, 3,175
the employer's contribution rate for such contribution period 3,177
shall be the maximum rate provided in such section, except that, 3,178
if the employer files the necessary wage information by the end 3,179
of the thirtieth day following the issuance of the maximum rate 3,180
notice, the employer's rate then shall be computed as provided in 3,181
section 4141.25 of the Revised Code. 3,182
(2) In the case of contribution rates applicable to 3,184
contribution periods beginning on or after January 1, 1993, and 3,185
before January 1, 1995, if the employer has not furnished the 3,186
necessary wage information, the employer's contribution rate for 3,188
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 3,189
assigned at the maximum rate provided in that section, with the 3,190
following exceptions: 3,191
(a) If the employer files the necessary wage information 3,193
79
by December thirty-first of the year immediately preceding the 3,194
contribution period for which the rate is to be effective, the 3,195
employer's rate then shall be computed as provided in division 3,196
(C)(A) of section 4141.25 of the Revised Code. 3,197
(b) The administrator may waive the maximum contribution 3,199
rate assigned pursuant to division (B)(2) of this section if the 3,200
employer meets all of the following conditions within thirty days 3,201
after the administrator mails the notice of the maximum 3,202
contribution rate assigned pursuant to division (B)(2) of this 3,203
section: 3,204
(i) Provides to the administrator a written request for 3,206
waiver of the maximum contribution rate, clearly demonstrating 3,207
that failure to timely furnish the wage information as required 3,208
by division (A) of this section was a result of circumstances 3,209
beyond the control of the employer or the employer's agent, 3,210
except that negligence on the part of the employer shall not be 3,211
considered beyond the control of the employer or the employer's 3,212
agent;
(ii) Furnishes to the administrator all of the wage 3,214
information as required by division (A) of this section and all 3,215
quarterly reports due pursuant to section 4141.20 of the Revised 3,216
Code; 3,217
(iii) Pays in full all contributions, payments in lieu of 3,219
contributions, interest, forfeiture, and fines for each quarter 3,220
for which such payments are due. 3,221
(3) In the case of contribution rates applicable to 3,223
contribution periods beginning on or after January 1, 1995, if 3,224
the employer has not timely furnished the necessary wage 3,225
information as required by division (A) of this section, the 3,226
employer's contribution rate for such contribution period shall 3,227
not be computed as provided in section 4141.25 of the Revised 3,228
Code, but instead shall be assigned a contribution rate equal to 3,229
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 3,230
80
(a) If the employer files the necessary wage information 3,232
by the thirty-first day of December of the year immediately 3,233
preceding the contribution period for which the rate is to be 3,234
effective, the employer's rate shall be computed as provided in 3,235
division (C)(A) of section 4141.25 of the Revised Code; 3,236
(b) The administrator may waive the contribution rate 3,238
assigned pursuant to division (B)(3) of this section if the 3,239
employer meets all of the following conditions within thirty days 3,240
after the administrator mails to the employer the notice of the 3,241
contribution rate assigned pursuant to division (B)(3) of this 3,242
section: 3,243
(i) Provides to the administrator a written request for 3,245
waiver of the contribution rate, clearly demonstrating that the 3,246
failure to timely furnish the wage information as required by 3,247
division (A) of this section was a result of circumstances beyond 3,248
the control of the employer or the employer's agent, except that 3,250
negligence on the part of the employer shall not be considered to
be beyond the control of the employer or the employer's agent; 3,251
(ii) Furnishes to the administrator all of the wage 3,253
information as required by division (A) of this section and all 3,254
quarterly reports due pursuant to section 4141.20 of the Revised 3,255
Code; 3,256
(iii) Pays in full all contributions, payments in lieu of 3,258
contributions, interest, forfeiture, and fines for each quarter 3,259
for which such payments are due. 3,260
(c) The administrator shall revise the contribution rate 3,262
of an employer who has not timely furnished the necessary wage 3,263
information as required by division (A) of this section, who has 3,264
been assigned a contribution rate pursuant to division (B)(3) of 3,265
this section, and who does not meet the requirements of division 3,266
(B)(3)(a) or (b) of this section, if the employer furnishes the 3,267
necessary wage information to the administrator within thirty-six 3,268
months following the thirty-first day of December of the year 3,269
immediately preceding the contribution period for which the rate 3,270
81
is to be effective. The revised rate under division (B)(3)(c) of 3,271
this section shall be equal to one hundred twenty per cent of the 3,272
contribution rate that would have resulted if the employer had 3,273
timely furnished the necessary wage information under division 3,274
(A) of this section. 3,275
(4) The administrator shall deny an employer's request for 3,277
a waiver of the requirement that the employer's contribution rate 3,278
be the maximum rate under division (B)(2)(b) of this section, or 3,279
be the rate assigned under division (B)(3)(b) of this section, or 3,280
for a revision of the employer's rate as provided in division 3,282
(B)(3)(c) of this section if the administrator finds that the 3,283
employer's failure to timely file the necessary wage information
was due to an attempt to evade payment. 3,284
(5) The administrator shall round the contribution rates 3,286
the administrator determines under this division to the nearest 3,288
tenth of one per cent.
(C) If, as a result of the computation pursuant to 3,290
division (B) of this section, the employer's account shows a 3,291
negative balance in excess of the applicable limitations, in that 3,292
computation, the excess above applicable limitations shall not be 3,293
transferred from the account as provided in division (A)(2) of 3,294
section 4141.24 of the Revised Code. 3,295
(D) The rate determined pursuant to this section and 3,297
section 4141.25 of the Revised Code shall become binding upon the 3,298
employer unless: 3,299
(1) The employer makes a voluntary contribution as 3,301
provided in division (B) of section 4141.24 of the Revised Code, 3,302
whereupon the administrator shall issue the employer a revised 3,303
contribution rate notice if the contribution changes the 3,304
employer's rate; or
(2) Within thirty days after the mailing of notice of the 3,306
employer's rate or a revision of it to the employer's last known 3,308
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 3,309
82
an application with the administrator for reconsideration of the 3,310
administrator's determination of such rate setting forth reasons 3,311
for such request. The administrator shall promptly examine the 3,313
application for reconsideration and shall notify the employer of 3,314
the administrator's reconsidered decision, which shall become 3,315
final unless, within thirty days after the mailing of such notice
by certified mail, return receipt requested, the employer files 3,316
an application for review of such decision with the unemployment 3,317
compensation review commission. The commission shall promptly 3,318
examine the application for review of the administrator's 3,319
decision and shall grant such employer an opportunity for a fair 3,320
hearing. The proceeding at the hearing before the commission 3,321
shall be recorded in the means and manner prescribed by the 3,322
commission. For the purposes of this division, the review is 3,323
considered timely filed when it has been received as provided in 3,324
division (I)(2) of section 4141.28 of the Revised Code. 3,325
The employer and the administrator shall be promptly 3,327
notified of the commission's decision, which shall become final 3,328
unless, within thirty days after the mailing of notice of it to 3,329
the employer's last known address by certified mail, return 3,330
receipt requested, or, in the absence of mailing, within thirty 3,331
days after delivery of such notice, an appeal is taken by the 3,332
employer or the administrator to the court of common pleas of 3,333
Franklin county. Such appeal shall be taken by the employer or 3,334
the administrator by filing a notice of appeal with the clerk of 3,335
such court and with the commission. Such notice of appeal shall 3,337
set forth the decision appealed and the errors in it complained
of. Proof of the filing of such notice with the commission shall 3,338
be filed with the clerk of such court. 3,339
The commission, upon written demand filed by the appellant 3,341
and within thirty days after the filing of such demand, shall 3,342
file with the clerk a certified transcript of the record of the 3,343
proceedings before the commission pertaining to the determination 3,344
or order complained of, and the appeal shall be heard upon such 3,345
83
record certified to the commission. In such appeal, no 3,346
additional evidence shall be received by the court, but the court 3,347
may order additional evidence to be taken before the commission, 3,348
and the commission, after hearing such additional evidence, shall 3,349
certify such additional evidence to the court or it may modify 3,350
its determination and file such modified determination, together 3,351
with the transcript of the additional record, with the court. 3,352
After an appeal has been filed in the court, the commission, by 3,353
petition, may be made a party to such appeal. Such appeal shall 3,354
be given precedence over other civil cases. The court may affirm 3,355
the determination or order complained of in the appeal if it 3,356
finds, upon consideration of the entire record, that the 3,357
determination or order is supported by reliable, probative, and 3,358
substantial evidence and is in accordance with law. In the 3,359
absence of such a finding, it may reverse, vacate, or modify the 3,360
determination or order or make such other ruling as is supported 3,361
by reliable, probative, and substantial evidence and is in 3,362
accordance with law. The judgment of the court shall be final 3,363
and conclusive unless reversed, vacated, or modified on appeal. 3,364
An appeal may be taken from the decision of the court of common 3,365
pleas of Franklin county. 3,366
(E) The appeal provisions of division (D) of this section 3,368
apply to all other determinations and orders of the administrator 3,369
affecting the liability of an employer to pay contributions or 3,370
the amount of such contributions, determinations respecting 3,371
application for refunds of contributions, determinations 3,372
respecting applications for classification of employment as 3,373
seasonal under section 4141.33 of the Revised Code, and 3,374
exceptions to charges of benefits to an employer's account as 3,375
provided in division (D) of section 4141.24 of the Revised Code. 3,376
(F) The validity of any general order or rule of the 3,378
administrator adopted pursuant to this chapter or of any final 3,379
order or action of the unemployment compensation review 3,380
commission respecting any such general order or rule may be 3,381
84
determined by the court of common pleas of Franklin county, and 3,382
such general order, rule, or action may be sustained or set aside 3,383
by the court on an appeal to it which may be taken by any person 3,384
affected by the order, rule, or action in the manner provided by 3,385
law. Such appeal to the court of common pleas of Franklin county 3,386
shall be filed within thirty days after the date such general 3,387
order, rule, or action was publicly released by the administrator 3,388
or the commission. Either party to such action may appeal from 3,389
the court of common pleas of Franklin county as in ordinary civil 3,390
cases.
(G) Notwithstanding any determination made in pursuance of 3,392
sections 4141.23 to 4141.26 of the Revised Code, no individual 3,393
who files a claim for benefits shall be denied the right to a 3,394
fair hearing as provided in section 4141.28 of the Revised Code, 3,395
or the right to have a claim determined on the merits of it. 3,396
(H)(1) Notwithstanding division (D) of this section, if 3,398
the administrator finds that an omission or error in bureau 3,399
records or employer reporting caused the administrator to issue 3,400
an erroneous determination or order affecting contribution rates, 3,401
the liability of an employer to pay contributions or the amount 3,402
of such contributions, determinations respecting applications for 3,403
refunds of contributions, determinations respecting applications 3,404
for classification of employment as seasonal STATUS under section 3,406
4141.33 of the Revised Code, or exceptions to charges of benefits 3,407
to an employer's account as provided in division (D) of section 3,408
4141.24 of the Revised Code, the administrator may issue a 3,409
corrected determination or order correcting the erroneous 3,410
determination or order, except as provided in division (H)(2) of 3,411
this section. 3,412
(2) The administrator may not issue a corrected 3,414
determination or order correcting an erroneous determination or 3,415
order if both of the following apply: 3,416
(a) The erroneous determination or order was caused solely 3,418
by an omission or error of the bureau; 3,419
85
(b) A correction of the erroneous determination or order 3,421
would adversely affect the employer or any of the employers that 3,422
were parties in interest to the erroneous determination or order. 3,423
A corrected determination or order issued under this 3,425
division takes precedence over and renders void the erroneous 3,426
determination or order and is appealable as provided in division 3,427
(D) of this section. 3,428
Sec. 4141.28. (A) Applications for determination of 3,437
benefit rights and claims for benefits shall be filed with a 3,438
deputy of the administrator of the bureau of employment services 3,439
designated for the purpose. Such applications and claims may 3,440
also be filed with an employee of another state or federal agency 3,441
CHARGED WITH THE DUTY OF ACCEPTING APPLICATIONS AND CLAIMS FOR 3,442
UNEMPLOYMENT BENEFITS or with an employee of the unemployment 3,443
insurance commission of Canada, charged with the duty of 3,444
accepting applications and claims for unemployment benefits. 3,445
When a former employee of a state agency, board, or 3,447
commission that has terminated its operations files an 3,448
application under this division, the former employee shall give 3,449
notice that the agency, board, or commission has terminated its 3,450
operations. All notices or information required to be sent under 3,451
this chapter to or furnished by the applicant's employer shall be 3,452
sent to or furnished by the director of administrative services. 3,453
(B)(1) When an unemployed individual files an application 3,455
for determination of benefit rights, the administrator shall 3,456
furnish the individual with the information specified in division 3,458
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,459
giving instructions for the steps an applicant may take if the 3,460
applicant's claim for benefits is disallowed. The pamphlet shall 3,462
state the applicant's right of appeal, clearly describe the 3,463
different levels of appeal, and explain where and when each 3,464
appeal must be filed. In filing an application, the individual 3,465
shall, for the individual's most recent employment, furnish the 3,466
administrator with either:
86
(a) The information furnished by the employer as provided 3,468
for in division (B)(2) of this section; 3,469
(b) The name and address of the employer for whom the 3,471
individual performed services and the individual's written 3,472
statement of the reason for separation from the employer. 3,473
Where the claimant has furnished information in accordance 3,475
with division (B)(1)(b) of this section, the administrator shall 3,476
promptly send a notice in writing that such filing has been made 3,477
to the individual's most recent SEPARATING employer, which notice 3,478
shall request from the employer the reason for the individual's 3,479
unemployment. The notice shall inform such employer of the 3,481
employer's right, upon request, to be present at a fact-finding 3,483
interview conducted prior to the making of any determination 3,484
under that division. Upon receipt of any request, the claimant 3,485
and the employer making the request shall have at least three 3,486
days' prior notice of the time and place of the fact-finding 3,487
interview. In the conduct of the interview, the administrator is 3,488
not bound by rules of evidence or of procedure for the conduct of 3,489
hearings. The administrator ALSO may request from any base 3,490
period employer information necessary for the determination of 3,491
the applicant's CLAIMANT'S rights to benefits. Information as to 3,492
the reason for unemployment preceding an additional claim shall 3,494
be obtained in the same manner. Requests for such information 3,495
shall be stamped DATED by the administrator with the date on 3,496
which they are mailed. If the employer fails to mail or deliver 3,497
such information within ten working days from the date the 3,498
administrator mailed and date stamped DATED such request, and if 3,499
necessary to assure prompt payment of benefits when due, the 3,500
administrator shall make the determination, and shall base the 3,502
determination on such information as is available to the
administrator, which shall include the applicant's CLAIMANT'S 3,503
statement made under division (B)(1)(b) of this section. The 3,505
determination, as it relates to the claimant's determination of 3,506
benefit rights, shall be amended upon receipt of correct 3,507
87
remuneration information at any time within the benefit year and 3,508
any benefits paid and charged to an employer's account prior to 3,509
the receipt of such information shall be adjusted, effective as 3,510
of the beginning of the claimant's benefit year. 3,511
(2) An employer who separates within any seven-day period 3,513
fifty or more individuals because of lack of work, and these 3,514
individuals upon separation will be unemployed as defined in 3,515
division (R) of section 4141.01 of the Revised Code, shall 3,516
furnish notice to the administrator of the dates of separation 3,517
and the approximate number of individuals being separated. The 3,518
notice shall be furnished at least three working days prior to 3,519
the date of the first day of such separations. In addition, at 3,520
the time of separation the employer shall furnish to the 3,521
individual being separated or to the administrator separation 3,522
information necessary to determine the individual's eligibility, 3,523
on forms and in a manner approved by the administrator. 3,524
An employer who operates multiple business establishments 3,526
at which both the effective authority for hiring and separation 3,527
of employees and payroll information is located and who, because 3,528
of lack of work, separates a total of fifty or more individuals 3,529
at two or more business establishments is exempt from the first 3,530
paragraph of division (B)(2) of this section. This paragraph 3,531
shall not be construed to relieve an employer who operates 3,532
multiple business establishments from complying with division 3,533
(B)(2) of this section where the employer separates fifty or more 3,534
individuals at any business establishment within a seven-day 3,535
period. 3,536
An employer of individuals engaged in connection with the 3,538
commercial canning or commercial freezing of fruits and 3,539
vegetables is exempt from the provision of division (B)(2) of 3,540
this section that requires an employer to furnish notice of 3,541
separation at least three working days prior to the date of the 3,542
first day of such separations. 3,543
(3) Where an individual at the time of filing an 3,545
88
application for determination of benefit rights furnishes 3,546
separation information provided by the employer or where the 3,547
employer has provided the administrator with the information in 3,548
accordance with division (B)(2) of this section, the 3,549
administrator shall make a determination of eligibility on the 3,550
basis of the information furnished. The administrator shall 3,551
promptly notify all interested parties under division (D)(1) of 3,552
this section of the determination. 3,553
(4) Where an employer has furnished separation information 3,555
under division (B)(2) of this section which is insufficient to 3,556
enable the administrator to make a determination of a claim for 3,557
benefits of an individual, or where the individual fails at the 3,558
time of filing an application for determination of benefit rights 3,559
to produce the separation information furnished by an employer, 3,560
the administrator shall follow the provisions specified in 3,561
division (B)(1) of this section. 3,562
(C) The administrator or the administrator's deputy shall 3,564
promptly examine any application for determination of benefit 3,565
rights filed, and on the basis of any facts found by the 3,566
administrator or deputy shall determine whether or not the 3,567
application is valid, and if valid, the date on which the benefit 3,568
year shall commence and the weekly benefit amount. The claimant, 3,569
the most recent employer, and any other employer in the 3,570
claimant's base period shall promptly be notified of the 3,571
determination and the reasons therefor. In addition, the 3,572
determination issued to the claimant shall include the total 3,573
amount of benefits payable, and the determination issued to each 3,574
chargeable base period employer shall include the total amount of 3,575
benefits which may be charged to the employer's account. 3,576
(D)(1) The administrator or the administrator's deputy 3,578
shall examine the first claim for benefits filed in any benefit 3,579
year, and any additional claim, and on the basis of any facts 3,580
found by the administrator or deputy shall determine whether 3,581
division (D) of section 4141.29 of the Revised Code is applicable 3,582
89
to the claimant's most recent separation and, to the extent 3,583
necessary, prior separations from work, and whether the 3,584
separation reason is qualifying or disqualifying for the ensuing 3,585
period of unemployment. Notice of such determination shall be 3,586
mailed to the claimant, the claimant's most recent SEPARATING 3,587
employer, and any other employer involved in the determination. 3,588
(a) Whenever the administrator has reason to believe that 3,590
the unemployment of twenty-five or more individuals relates to a 3,591
labor dispute, the administrator shall, within five calendar days 3,592
after their claims are filed, SHALL schedule a hearing concerning 3,593
the reason for unemployment. Notice of the hearing shall be sent 3,594
to all interested parties, including the duly authorized 3,595
representative of the parties, as provided in division (D)(1) of 3,596
this section. The hearing date shall be scheduled so as to 3,597
provide at least ten days' prior notice of the time and date of 3,598
the hearing. A similar hearing, in such cases, may be scheduled 3,599
when there is a dispute as to the duration or ending date of the 3,600
labor dispute. 3,601
(b) The administrator shall appoint a hearing officer to 3,603
conduct the hearing of the case under division (D)(1)(a) of this 3,604
section. The hearing officer is not bound by common law or 3,605
statutory rules of evidence or by technical or formal rules of 3,606
procedure, but shall take any steps that are reasonable and 3,607
necessary to obtain the facts and determine whether the claimants 3,608
are entitled to benefits under the law. The failure of any 3,609
interested party to appear at the hearing shall not preclude a 3,610
decision based upon all the facts available to the hearing 3,611
officer. The proceeding at the hearing shall be recorded by 3,612
mechanical means or by other means prescribed by the 3,613
administrator. The record need not be transcribed unless an 3,614
application for appeal is filed on the decision and the 3,615
chairperson of the unemployment compensation review commission 3,617
requests a transcript of the hearing within fourteen days after 3,618
the application for appeal is received by the commission. The 3,619
90
administrator shall prescribe rules concerning the conduct of the 3,621
hearings and all related matters and appoint an attorney to 3,622
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,624
decisions and reasons therefor on the case within ten calendar 3,625
days after the hearing. The hearing officer's decision issued by 3,626
the administrator is final unless an application for appeal is 3,627
filed with the review commission within twenty-one days after the 3,629
decision was mailed to all interested parties. The administrator 3,630
may, within the twenty-one-day appeal period, MAY remove and 3,631
vacate the decision and issue a revised determination and appeal 3,633
date.
(d) Upon receipt of the application for appeal, the full 3,635
review commission shall review the administrator's decision and 3,637
either schedule a further hearing on the case or disallow the 3,638
application. The review commission shall review the 3,639
administrator's decision within fourteen days after receipt of 3,640
the decision or the receipt of a transcript requested under 3,641
division (D)(1)(b) of this section, whichever is later. 3,642
(i) When a further hearing is granted, the commission 3,644
shall make the administrator's decision and record of the case, 3,646
as certified by the administrator, a part of the record and shall 3,647
consider the administrator's decision and record in arriving at a 3,648
decision on the case. The commission's decision affirming, 3,650
modifying, or reversing the administrator's decision, following 3,651
the further appeal, shall be mailed to all interested parties 3,652
within fourteen days after the hearing. 3,653
(ii) A decision of the disallowance of a further appeal 3,655
shall be mailed to all interested parties within fourteen days 3,656
after the commission makes the decision to disallow. The 3,657
disallowance is deemed an affirmation of the administrator's 3,659
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,661
(b), (c), and (d) of this section may be extended by agreement of 3,662
91
all interested parties or for cause beyond the control of the 3,663
administrator or the commission. 3,664
(e) An appeal of the commission's decision issued under 3,666
division (D)(1)(d) of this section may be taken to the court of 3,667
common pleas as provided in division (O) of this section. 3,668
(f) A labor dispute decision involving fewer than 3,670
twenty-five individuals shall be determined under division (D)(1) 3,671
of this section and the review commission shall determine any 3,673
appeal from the decision pursuant to division (M) of this section 3,674
and within the time limits provided in division (D)(1)(d) of this 3,675
section. 3,676
(2) The administrator or the administrator's deputy shall 3,678
also examine each continued claim for benefits filed, and on the 3,680
basis of any facts found by the administrator or the 3,681
administrator's deputy shall determine whether such claim shall 3,682
be allowed. 3,683
(a) The determination of a first or additional claim, 3,685
including the reasons therefor, shall be mailed to the claimant, 3,686
the claimant's most recent SEPARATING employer, and any other 3,687
employer involved in the determination. 3,688
(b) When the determination of a continued claim results in 3,690
a disallowed claim, the administrator shall notify the claimant 3,691
of such disallowance and the reasons therefor. 3,692
(3) Where the claim for benefits is directly attributable 3,694
to unemployment caused by a major disaster, as declared by the 3,695
president of the United States pursuant to the "Disaster Relief 3,696
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,697
filing the claim would otherwise have been eligible for disaster 3,698
unemployment assistance under that act, then upon application by 3,699
the employer any benefits paid on the claim shall not be charged 3,700
to the account of the employer who would have been charged on 3,701
such claim but instead shall be charged to the mutualized account 3,702
described in section 4141.25 of the Revised Code, provided that 3,703
this division is not applicable to an employer electing 3,704
92
reimbursing status under section 4141.241 of the Revised Code, 3,705
except reimbursing employers for whom benefit charges are charged 3,706
to the mutualized account pursuant to division (C)(D)(2) of 3,707
section 4141.33 4121.24 of the Revised Code. 3,709
(4)(a) An individual filing a new claim for unemployment 3,711
compensation shall disclose, at the time of filing, whether or 3,712
not the individual owes child support obligations. In such a 3,713
case, the administrator shall notify the state or local child 3,714
support enforcement agency enforcing the obligation only if the 3,715
claimant has been determined to be eligible for unemployment 3,716
compensation. 3,717
(b) The administrator shall deduct and withhold from 3,719
unemployment compensation payable to an individual who owes child 3,720
support obligations: 3,721
(i) Any amount required to be deducted and withheld from 3,723
the unemployment compensation pursuant to legal process, as that 3,724
term is defined in section 462(e) of the "Social Security Act," 3,725
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served 3,726
upon the administrator, as described in division (D)(4)(c) of 3,727
this section; or 3,728
(ii) Where division (D)(4)(b)(i) of this section is 3,730
inapplicable, in the amount determined pursuant to an agreement 3,731
submitted to the administrator under section 454(20)(19)(B)(i) of 3,733
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as
amended, by the state or local child support enforcement agency; 3,734
or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,736
section is applicable, then in the amount specified by the 3,737
individual. 3,738
(c) The state department of human services ADMINISTRATOR 3,740
shall be designated to receive all legal process described in 3,741
division (D)(4)(b)(i) of this section from each local child 3,742
support enforcement agency, which legal process was received by 3,743
the agency under section 2301.371 of the Revised Code or 3,744
93
otherwise was received by the agency. The processing of cases 3,745
under part D of Title IV of the "Social Security Act," 88 Stat. 3,746
2351 (1975), 42 U.S.C.A. 651, as amended, shall be determined 3,747
pursuant to agreement between the administrator and the state 3,748
department of human services. The department shall pay, pursuant 3,749
to that agreement, all of the costs of the bureau of employment 3,750
services that are associated with a deduction and withholding 3,751
under division (D)(4)(b)(i) AND (ii) of this section. 3,752
(d) The amount of unemployment compensation subject to 3,754
being withheld pursuant to division (D)(4)(b) of this section is 3,755
that amount which remains payable to the individual after 3,756
application of any recoupment provisions for recovery of 3,757
overpayments and after deductions which have been made under this 3,758
chapter for deductible income received by the individual. 3,759
(e) Any amount deducted and withheld under division 3,761
(D)(4)(b) of this section shall be paid to the appropriate state 3,762
or local child support enforcement agency in the following 3,763
manner: 3,764
(i) The administrator shall determine the amounts that are 3,766
to be deducted and withheld on a per county basis. 3,767
(ii) For each county, the administrator shall forward to 3,769
the local child support enforcement agency of the county, at 3,770
intervals to be determined pursuant to the agreement referred to 3,771
in division (D)(4)(c) of this section, the amount determined for 3,772
that county under division (D)(4)(e)(i) of this section for 3,773
disbursement to the obligees or assignees of such support 3,774
obligations. 3,775
(f) Any amount deducted and withheld under division 3,777
(D)(4)(b) of this section shall for all purposes be treated as if 3,778
it were paid to the individual as unemployment compensation and 3,779
paid by the individual to the state or local child support agency 3,780
in satisfaction of the individual's child support obligations. 3,781
(g) Division (D)(4) of this section applies only if 3,783
appropriate arrangements have been made for reimbursement by the 3,784
94
state or local child support enforcement agency for the 3,785
administrative costs incurred by the administrator under this 3,786
section which are associated with or attributable to child 3,787
support obligations being enforced by the state or local child 3,788
support enforcement agency. 3,789
(h) As used in division (D)(4) of this section: 3,791
(i) "Child support obligations" means only obligations 3,793
which are being enforced pursuant to a plan described in section 3,794
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 3,795
as amended, which has been approved by the United States 3,796
secretary of health and human services under part D of Title IV 3,797
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,798
amended. 3,799
(ii) "State child support enforcement agency" means the 3,801
department of human services, bureau of child support, designated 3,802
as the single state agency for the administration of the program 3,803
of child support enforcement pursuant to part D of Title IV of 3,804
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,805
amended. 3,806
(iii) "Local child support enforcement agency" means the 3,808
child support enforcement agency designated pursuant to section 3,809
2301.35 of the Revised Code or any other agency of a political 3,810
subdivision of the state operating pursuant to a plan mentioned 3,811
in division (D)(4)(h)(i) of this section. 3,812
(iv) "Unemployment compensation" means any compensation 3,814
payable under this chapter including amounts payable by the 3,815
administrator pursuant to an agreement under any federal law 3,816
providing for compensation, assistance, or allowances with 3,817
respect to unemployment. 3,818
(E)(1) Any base period or subsequent employer of a 3,820
claimant who has knowledge of specific facts affecting such 3,821
claimant's right to receive benefits for any week may notify the 3,822
administrator in writing of such facts. The administrator shall 3,823
prescribe a form to be used for such eligibility notice, but 3,824
95
failure to use the prescribed form shall not preclude the 3,825
administrator's examination of any notice. 3,826
(2) An eligibility notice is timely filed if received by 3,828
the administrator or the administrator's deputy or postmarked 3,830
prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the 3,831
claimant. An employer who does not timely file an eligibility 3,833
notice shall not be an interested party with respect to the claim 3,834
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 3,836
consider the information contained in the eligibility notice, 3,837
together with other facts found by the administrator or the 3,838
administrator's deputy and, after giving notice to the notifying 3,839
employer, if the employer timely filed the eligibility notice, 3,840
and to the claimant, and other interested parties and informing 3,841
them of their right to be present at a predetermination 3,842
fact-finding interview, shall determine, unless a prior 3,843
determination on the same eligibility issue has become final, 3,844
whether such claim shall be allowed OR DISALLOWED, and shall mail 3,845
notice of such determination to the notifying employer who timely 3,847
filed the eligibility notice, to the claimant, and to other 3,848
interested parties. If the determination disallows benefits for 3,849
any week in question, the payment of benefits with respect to 3,850
that week shall be withheld pending further appeal, or an 3,851
overpayment order shall be issued by the administrator as 3,852
prescribed in section 4141.35 of the Revised Code, if applicable. 3,854
(F) In making determinations on applications for 3,856
determination of benefit rights and claims for benefits, the 3,857
administrator and the administrator's deputy shall follow 3,858
decisions of the unemployment compensation review commission 3,859
which have become final with respect to claimants similarly 3,860
situated.
(G)(1) Any UNTIL OCTOBER 1, 1998, ANY interested party 3,863
notified of a determination of an application for determination 3,864
96
of benefit rights or a claim for benefits may, within twenty-one 3,865
calendar days after the notice was mailed to the party's last 3,866
known post-office address, apply in writing for a reconsideration 3,867
of the administrator's or deputy's determination. 3,868
ON AND AFTER OCTOBER 1, 1998, ANY PARTY NOTIFIED OF A 3,871
DETERMINATION MAY APPEAL WITHIN TWENTY-ONE CALENDAR DAYS AFTER 3,872
NOTICE WAS MAILED TO THE PARTY'S LAST KNOWN POST-OFFICE ADDRESS 3,873
OR WITHIN AN EXTENDED PERIOD PURSUANT TO DIVISION (Q) OF THIS 3,875
SECTION. UPON RECEIPT OF THE APPEAL, THE ADMINISTRATOR EITHER 3,876
SHALL ISSUE A REDETERMINATION WITHIN TWENTY-ONE DAYS OF RECEIPT 3,877
OR TRANSFER THE APPEAL TO THE COMMISSION, WHICH SHALL ACQUIRE 3,878
JURISDICTION OVER THE APPEAL. IF THE ADMINISTRATOR ISSUES A 3,879
REDETERMINATION, THE REDETERMINATION SHALL VOID THE PRIOR 3,880
DETERMINATION. A REDETERMINATION UNDER THIS SECTION IS
APPEALABLE TO THE SAME EXTENT THAT A DETERMINATION IS APPEALABLE. 3,882
(2) Unless an application for reconsideration is filed 3,884
within the twenty-one-day period, or within an extended period 3,885
pursuant to division (R) of this section, such determination of 3,886
the administrator or deputy is final, except that upon discovery, 3,887
within the benefit year, of IF THE ADMINISTRATOR FINDS WITHIN THE 3,888
BENEFIT YEAR THAT THE DETERMINATION WAS ERRONEOUS DUE TO an error 3,889
in an employer's report other than a report to correct 3,891
remuneration information as provided in division (B) of this 3,892
section or any typographical or clerical error in the 3,893
administrator's determination or a decision on reconsideration, 3,894
the administrator or the administrator's deputy shall issue a 3,895
corrected determination or decision to all interested parties, 3,896
which determination or decision shall take precedence over and 3,897
void the prior determination or decision of the administrator or 3,898
the administrator's deputy, provided no appeal has been filed 3,900
with the commission. If a request for reconsideration is filed 3,902
within the twenty-one-day period, the administrator shall
promptly consider such request and, after giving notice to the 3,903
interested parties and informing them of their right to be 3,904
97
present at a predetermination fact-finding interview, conducted 3,905
as described in division (B) of this section, shall issue the 3,906
decision to the interested parties; except that, if in the 3,907
administrator's judgment the issues are such as to require a 3,908
hearing, the administrator may refer any request for 3,909
reconsideration to the commission as an appeal. 3,910
(3) If benefits are allowed by the administrator in the 3,912
initial A determination or the decision on reconsideration, or in 3,913
a decision by a referee HEARING OFFICER, the review commission, 3,914
or a court, the benefits shall be paid promptly, notwithstanding 3,915
any further appeal, provided that if benefits are denied upon 3,916
reconsideration or ON appeal, of which the parties have notice 3,917
and an opportunity to be heard, the payment of benefits shall be 3,919
withheld pending a decision on any further appeal. 3,920
(4) Any benefits paid to a claimant under this section 3,922
prior to a final determination of the claimant's right to the 3,923
benefits shall be charged to the employer's account as provided 3,925
in division (D) of section 4141.24 of the Revised Code, provided 3,926
that if there is no final determination of the claim by the 3,927
subsequent thirtieth day of June, the employer's account will be 3,928
credited with the total amount of benefits which has been paid 3,929
prior to that date, based on the determination which has not 3,930
become final. The total amount credited to the employer's 3,931
account shall be charged to a suspense account which shall be 3,932
maintained as a separate bookkeeping account and administered as 3,933
a part of section 4141.24 of the Revised Code, and shall not be 3,934
used in determining the account balance of the employer for the 3,935
purpose of computing the employer's contribution rate under 3,936
section 4141.25 of the Revised Code. If it is finally determined 3,937
that the claimant is entitled to all or a part of the benefits in 3,938
dispute, the suspense account shall be credited and the 3,939
appropriate employer's account charged with the benefits. If it 3,940
is finally determined that the claimant is not entitled to all or 3,941
any portion of the benefits in dispute, the benefits shall be 3,942
98
credited to the suspense account and a corresponding charge made 3,943
to the mutualized account established in division (D) of section 3,944
4141.25 of the Revised Code, provided that, except as otherwise 3,945
provided in this division, if benefits are chargeable to an 3,946
employer or group of employers who is required or elects to make 3,947
payments to the fund in lieu of contributions under section 3,948
4141.241 of the Revised Code, the benefits shall be charged to 3,949
the employer's account in the manner provided in division (D) of 3,950
section 4141.24 and division (B) of section 4141.241 of the 3,951
Revised Code, and no part of the benefits may be charged to the 3,952
suspense account provided in this division. To the extent that 3,953
benefits which have been paid to a claimant and charged to the 3,954
employer's account are found not to be due the claimant and are 3,955
recovered by the administrator as provided in section 4141.35 of 3,956
the Revised Code, they shall be credited to the employer's 3,957
account.
(H) Any UNTIL OCTOBER 1, 1998, ANY interested party may 3,960
appeal the administrator's decision on reconsideration to the 3,961
commission and unless an appeal is filed from such decision on 3,963
reconsideration with the commission within twenty-one calendar 3,965
days after such decision was mailed to the last known post-office 3,966
address of the appellant, or within an extended period pursuant 3,967
to division (R)(Q) of this section, such decision on 3,968
reconsideration is final and benefits shall be paid or denied in 3,969
accordance therewith. THE DATE OF THE MAILING PROVIDED BY THE
ADMINISTRATOR ON DETERMINATION OR DECISION ON RECONSIDERATION IS 3,971
SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE THAT THE DETERMINATION 3,972
OR DECISION ON RECONSIDERATION WAS MAILED ON THAT DATE. 3,973
ON AND AFTER OCTOBER 1, 1998, THE DATE OF THE MAILING 3,976
PROVIDED BY THE ADMINISTRATOR ON THE DETERMINATION OR 3,977
REDETERMINATION IS SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE 3,978
THAT THE DETERMINATION OR REDETERMINATION WAS MAILED ON THAT
DATE. 3,979
(I) Requests for reconsideration, appeals, or applications 3,981
99
for further appeals APPEALS may be filed with the ADMINISTRATOR, 3,983
commission, with the administrator or one of the administrator's 3,984
deputies, with an employee of another state or federal agency 3,986
CHARGED WITH THE DUTY OF ACCEPTING CLAIMS, or with an employee of 3,987
the unemployment insurance commission of Canada charged with the 3,988
duty of accepting claims. 3,989
(1) Any timely written notice stating that the interested 3,991
party desires a review of the previous determination or decision 3,992
and the reasons therefor, TO APPEAL shall be accepted. 3,993
(2) The administrator, commission, or authorized agent 3,995
must receive the request, appeal, or application within the 3,996
specified appeal period in order for the request, appeal, or 3,997
application to be deemed timely filed, except that: 3,998
(a) If the United States postal service is used as the 4,000
means of delivery, the enclosing envelope must have a postmark 4,001
date, as governed by United States postal regulations, that is on 4,002
or before the last day of the specified appeal period; and 4,003
(b) Where the postmark date is illegible or missing, the 4,005
request, appeal, or application is timely filed if received no 4,006
later than the end of the third calendar day following the last 4,007
day of the specified appeal period. 4,008
(3) THE ADMINISTRATOR MAY ADOPT RULES PERTAINING TO 4,010
ALTERNATE METHODS OF FILING APPEALS. 4,011
(J) When an appeal from a decision on reconsideration 4,013
DETERMINATION of the administrator or deputy is taken TO THE 4,015
COMMISSION AT THE HEARING OFFICER LEVEL, all interested parties 4,017
shall be notified and the commission or a referee shall, after 4,019
affording such parties reasonable opportunity for a fair hearing, 4,020
SHALL affirm, modify, or reverse the findings of fact and the 4,021
decision DETERMINATION of the administrator or deputy in the 4,023
manner which THAT appears just and proper. HOWEVER, THE 4,024
COMMISSION MAY REFER A CASE TO THE ADMINISTRATOR FOR A 4,025
REDETERMINATION IF THE COMMISSION DECIDES THAT THE CASE DOES NOT 4,026
REQUIRE A HEARING. In the conduct of such A hearing BY A HEARING 4,027
100
OFFICER or any other hearing on appeal to the commission which is 4,029
provided in this section, the commission and the referees HEARING 4,031
OFFICERS are not bound by common law or statutory rules of 4,034
evidence or by technical or formal rules of procedure. The
commission and the referees HEARING OFFICERS shall take any steps 4,036
in the hearings, consistent with the impartial discharge of their 4,038
duties, which appear reasonable and necessary to ascertain the 4,039
facts and determine whether the claimant is entitled to benefits 4,040
under the law. For the purpose of any hearing on appeal which is 4,041
provided in this section, the file of the administrator 4,042
pertaining to the case shall be certified by the administrator 4,043
and shall automatically become a part of the record in the appeal 4,044
hearing. All information in the file which pertains to the claim, 4,045
including statements made to the administrator or the 4,046
administrator's deputy by the individual claiming benefits or 4,048
other interested parties, shall be considered by the commission 4,049
and the referees in arriving at a decision, together with any 4,051
other information which is produced at the hearing. The 4,052
commission and referees HEARINGS SHALL BE DE NOVO, EXCEPT THAT 4,053
THE ADMINISTRATOR'S FILE PERTAINING TO A CASE SHALL BE INCLUDED 4,054
IN THE RECORD TO BE CONSIDERED. 4,055
THE HEARING OFFICERS may conduct any such hearing in person 4,059
or by telephone. The commission shall adopt rules which 4,061
designate the circumstances under which the commission or 4,062
referees HEARING OFFICERS may conduct a hearing by telephone, 4,063
grant a party to the hearing the opportunity to object to a 4,065
hearing by telephone, and govern the conduct of hearings by 4,066
telephone. An interested party whose hearing would be by 4,067
telephone pursuant to the commission rules may elect to have an 4,069
in-person hearing, provided that the party electing the in-person 4,070
hearing agrees to have the hearing at the time and place the 4,071
commission determines pursuant to rule.
(1) The failure of the claimant or other interested party 4,073
to appear at a hearing, unless the claimant or interested party 4,074
101
is the appealing party, shall not preclude a decision in the 4,076
claimant's or interested party's favor, if on the basis of all 4,077
the information in the record, including that contained in the 4,078
file of the administrator, the claimant or interested party is 4,079
entitled to the decision. 4,080
(2) If the party appealing fails to appear at the hearing, 4,082
the referee or the commission HEARING OFFICER shall dismiss the 4,083
appeal, provided that the referee HEARING OFFICER or commission 4,086
shall vacate the dismissal upon a showing that due notice of the 4,089
hearing was not mailed to such party's last known address or good 4,090
cause for the failure to appear is shown to the referee or the 4,091
commission within fourteen days after the hearing date. No 4,094
further appeal from the decision may thereafter be instituted by 4,095
such party. If the other party fails to appear at the hearing, 4,096
the referee or the commission HEARING OFFICER shall proceed with 4,098
the hearing and shall issue a decision without further hearing, 4,099
provided that the referee or BASED ON THE EVIDENCE OF RECORD, 4,100
INCLUDING THE ADMINISTRATOR'S FILE. THE commission shall vacate 4,101
the decision upon a showing that due notice of the hearing was 4,103
not mailed to such party's last known address or good cause for 4,104
such party's failure to appear is shown to the referee or the 4,105
commission within fourteen days after the hearing date. 4,107
(3) Where a party requests that a hearing be scheduled in 4,109
the evening because the party is employed during the day, the 4,110
commission or referee shall schedule the hearing during such 4,113
hours as the party is not employed. 4,114
(4) THE INTERESTED PARTIES MAY WAIVE, IN WRITING, THE 4,117
HEARING. IF THE PARTIES WAIVE THE HEARING, THE HEARING OFFICER 4,118
SHALL ISSUE A DECISION BASED ON THE EVIDENCE OF RECORD, INCLUDING 4,119
THE ADMINISTRATOR'S FILE. 4,120
(K) The proceedings at the hearing before the referee, or 4,122
the commission HEARING OFFICER, shall be recorded by mechanical 4,123
means or otherwise as may be prescribed by the commission. 4,126
Unless the claim is further appealed, such IN THE ABSENCE OF 4,128
102
FURTHER PROCEEDINGS, THE record of proceedings THAT IS MADE need 4,129
not be transcribed.
(L) All interested parties shall be notified of the 4,131
referee's HEARING OFFICER'S decision, which shall include the 4,132
reasons therefor. The referee's HEARING OFFICER'S decision shall 4,134
become final unless, within twenty-one days after the decision 4,135
was mailed to the last known post-office address of such parties, 4,136
or within an extended period pursuant to division (R)(Q) of this 4,137
section, the commission on its own motion removes or transfers 4,139
such claim to itself or an application to institute a further 4,140
appeal before the commission THE REVIEW LEVEL, OR UPON A REQUEST 4,142
FOR REVIEW THAT is filed by any AN interested party and such 4,143
appeal is allowed by the commission. 4,145
(M) When any claim is removed or transferred to the 4,147
commission on its own motion, or when an application to institute 4,149
a further appeal is allowed by the commission, the commission 4,151
shall review the decision of the referee and shall either affirm, 4,152
modify, or reverse such decision. Before rendering its decision, 4,153
the commission may remand the case to the referee for further 4,155
proceedings. When the commission disallows an application to 4,156
institute a further appeal, or renders its decision affirming, 4,158
modifying, or reversing the decision of the referee, all 4,159
interested parties shall be notified of such decision or order by 4,160
mail addressed to the last known post-office address of such 4,161
parties. A disallowance by the commission of an application for 4,163
further appeal shall be deemed an affirmation by the commission 4,164
of the referee's decision under appeal IN THE CONDUCT OF A 4,165
HEARING BY THE COMMISSION OR A HEARING OFFICER AT THE REVIEW 4,166
LEVEL, THE COMMISSION AND THE HEARING OFFICERS ARE NOT BOUND BY 4,168
COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR 4,169
FORMAL RULES OF PROCEDURE. THE COMMISSION AND THE HEARING
OFFICERS SHALL TAKE ANY STEPS IN THE HEARINGS, CONSISTENT WITH 4,170
THE IMPARTIAL DISCHARGE OF THEIR DUTIES, THAT APPEAR REASONABLE 4,171
AND NECESSARY TO ASCERTAIN THE FACTS AND DETERMINE WHETHER THE 4,172
103
CLAIMANT IS ENTITLED TO BENEFITS UNDER THE LAW. 4,173
(1) THE REVIEW COMMISSION, OR A HEARING OFFICER DESIGNATED 4,176
BY THE COMMISSION, SHALL CONSIDER AN APPEAL AT THE REVIEW LEVEL 4,177
UNDER THE FOLLOWING CIRCUMSTANCES:
(a) WHEN AN APPEAL IS REQUIRED TO BE HEARD INITIALLY BY 4,180
THE COMMISSION PURSUANT TO THIS CHAPTER; 4,181
(b) WHEN THE COMMISSION ON ITS OWN MOTION REMOVES AN 4,184
APPEAL WITHIN TWENTY-ONE DAYS AFTER A HEARING OFFICER ISSUES THE 4,185
HEARING OFFICER'S DECISION IN THE CASE; 4,186
(c) WHEN A HEARING OFFICER REFERS AN APPEAL TO THE 4,189
COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE HEARING OFFICER 4,190
ISSUES THE HEARING OFFICER'S DECISION IN THE CASE; 4,191
(d) WHEN AN INTERESTED PARTY FILES A REQUEST FOR REVIEW 4,194
WITH THE COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE DATE A 4,195
HEARING OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE 4,196
CASE. THE COMMISSION SHALL DISALLOW THE REQUEST FOR REVIEW IF IT 4,197
IS NOT TIMELY FILED.
THE COMMISSION MAY REMOVE, AND A HEARING OFFICER MAY REFER, 4,200
APPEALS INVOLVING DECISIONS OF POTENTIALLY PRECEDENTIAL VALUE. 4,201
(2) IF A REQUEST FOR REVIEW IS TIMELY FILED, THE 4,203
COMMISSION SHALL DECIDE WHETHER TO ALLOW OR DISALLOW THE REQUEST 4,205
FOR REVIEW.
IF THE REQUEST FOR REVIEW IS DISALLOWED, THE COMMISSION 4,207
SHALL NOTIFY ALL INTERESTED PARTIES OF THAT FACT. THE 4,208
DISALLOWANCE OF A REQUEST FOR REVIEW CONSTITUTES A FINAL DECISION 4,210
BY THE COMMISSION FOR PURPOSES OF APPEAL TO COURT. IF THE 4,211
REQUEST FOR REVIEW IS ALLOWED, THE COMMISSION SHALL NOTIFY ALL 4,212
INTERESTED PARTIES OF THAT FACT, AND THE COMMISSION SHALL PROVIDE 4,213
A REASONABLE PERIOD OF TIME, AS THE COMMISSION DEFINES BY RULE, 4,214
IN WHICH INTERESTED PARTIES MAY FILE A RESPONSE. AFTER THAT
PERIOD OF TIME, THE COMMISSION, BASED ON THE RECORD BEFORE IT, 4,215
SHALL DO ONE OF THE FOLLOWING AT THE REVIEW LEVEL: 4,216
(a) AFFIRM THE DECISION OF THE HEARING OFFICER; 4,219
(b) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,222
104
OFFICER;
(c) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,225
OFFICER AS A POTENTIAL PRECEDENTIAL DECISION; 4,226
(d) ORDER THAT THE DECISION BE REWRITTEN. 4,229
(3) THE COMMISSION SHALL SEND NOTICE TO ALL INTERESTED 4,231
PARTIES WHEN IT ORDERS A CASE TO BE HEARD OR REHEARD. THE NOTICE 4,233
SHALL INCLUDE THE REASONS FOR THE HEARING OR REHEARING. IF THE 4,234
COMMISSION IDENTIFIES AN APPEAL AS A POTENTIALLY PRECEDENTIAL 4,235
CASE, THE COMMISSION SHALL NOTIFY THE ADMINISTRATOR AND OTHER 4,236
INTERESTED PARTIES OF THE SPECIAL NATURE OF THE HEARING. 4,237
(N) Whenever the administrator and the chairperson of the 4,239
review commission determine in writing and certify jointly that a 4,241
controversy exists with respect to the proper application of this 4,242
chapter to more than five hundred claimants similarly situated 4,243
whose claims are pending before the administrator or the review 4,245
commission or both on reconsideration REDETERMINATION or appeal 4,246
applied for or filed by three or more employers or by such 4,248
claimants, the chairperson of the review commission shall select 4,250
one such claim which is representative of all such claims and 4,252
assign it for a fair hearing and decision. Any other claimant or 4,253
employer in the group who makes a timely request to participate 4,254
in the hearing and decision shall be given a reasonable 4,255
opportunity to participate as a party to the proceeding. 4,256
Such joint certification by the administrator and the 4,258
chairperson of the commission shall constitute a stay of further 4,260
proceedings in the claims of all claimants similarly situated 4,261
until the issue or issues in controversy are adjudicated by the 4,262
supreme court of Ohio. At the time the decision of the 4,263
commission is issued, the chairperson shall certify the 4,265
commission's decision directly to the supreme court of Ohio and 4,268
the chairperson shall file with the clerk of the supreme court a 4,270
certified copy of the transcript of the proceedings before the 4,271
commission pertaining to such decision. Hearings on such issues 4,273
shall take precedence over all other civil cases. If upon 4,274
105
hearing and consideration of such record the court decides that 4,275
the decision of the commission is unlawful, the court shall 4,277
reverse and vacate the decision or modify it and enter final 4,278
judgment in accordance with such modification; otherwise such 4,279
court shall affirm such decision. The notice of the decision of 4,280
the commission to the interested parties shall contain a 4,282
certification by the chairperson of the commission that the 4,283
decision is of great public interest and that a certified 4,285
transcript of the record of the proceedings before the commission 4,286
has been filed with the clerk of the supreme court as an appeal 4,288
to the court. Promptly upon the final judgment of the court, the 4,289
administrator and the commission shall decide those claims 4,290
pending before them where the facts are similar and shall notify 4,292
all interested parties of such decision and the reason therefor 4,293
in the manner provided for in this section. Nothing in this 4,294
division shall be construed so as to deny the right of any such 4,295
claimant, whose claim is pending before the administrator on 4,296
reconsideration REDETERMINATION or before the commission, to 4,299
apply for and be granted an opportunity for a fair hearing to
show that the facts in the claimant's case are different from the 4,301
facts in the claim selected as the representative claim as
provided in this division, nor shall any such claimant be denied 4,302
the right to appeal the decision of the administrator or the 4,303
commission which is made as a result of the decision of the court 4,305
in the representative case.
(O)(1) Any interested party as defined in division (I) of 4,307
section 4141.01 of the Revised Code, within thirty days after 4,308
notice of the decision of the commission was mailed to the last 4,310
known post-office address of all interested parties, may appeal 4,311
from the decision of the commission to the court of common pleas 4,313
of the county where the appellant, if an employee, is resident or 4,314
was last employed or of the county where the appellant, if an 4,315
employer, is resident or has the principal place of business in 4,316
this state. The commission shall provide on its decision the 4,318
106
names and addresses of all interested parties. Such appeal shall 4,319
be taken within such thirty days by the appellant by filing a 4,320
notice of appeal with the clerk of the court of common pleas. 4,321
Such filing shall be the only act required to perfect the appeal 4,322
and vest jurisdiction in the court. Failure of an appellant to 4,323
take any step other than timely filing of a notice of appeal does 4,324
not affect the validity of the appeal, but is grounds only for 4,325
such action as the court deems appropriate, which may include 4,326
dismissal of the appeal. Such notice of appeal shall set forth 4,327
the decision appealed from. The appellant shall mail a copy of 4,328
the notice of appeal to the commission and to all interested 4,330
parties by certified mail to their last known post-office address 4,331
and proof of the mailing of the notice shall be filed with the 4,332
clerk within thirty days of filing the notice of appeal. All 4,333
interested parties shall be made appellees. The commission upon 4,335
receipt of the notice of appeal shall within thirty days file 4,336
with the clerk a certified transcript of the record of the 4,337
proceedings before the commission pertaining to the decision 4,339
complained of, and mail a copy of the transcript to the 4,340
appellant's attorney or to the appellant, if not represented by 4,341
counsel. The appellant shall file a statement of the assignments 4,342
of error presented for review within sixty days of the filing of 4,343
the notice of appeal with the court. The appeal shall be heard 4,344
upon such record certified by the commission. After an appeal 4,346
has been filed in the court, the commission may, by petition, be 4,348
made a party to such appeal. If the court finds that the 4,349
decision was unlawful, unreasonable, or against the manifest 4,350
weight of the evidence, it shall reverse and vacate such decision 4,351
or it may modify such decision and enter final judgment in 4,352
accordance with such modification; otherwise such court shall 4,353
affirm such decision. Any interested party shall have the right 4,354
to appeal from the decision of the court as in civil cases. 4,355
(2) If an appeal is filed after the thirty-day appeal 4,357
period established in division (O)(1) of this section, the court 4,358
107
of common pleas shall conduct a hearing to determine whether the 4,359
appeal was timely filed pursuant to division (R)(Q) of this 4,360
section. At the hearing, additional evidence may be introduced 4,362
and oral arguments may be presented regarding the timeliness of 4,363
the filing of the appeal. If the court of common pleas 4,364
determines that the time for filing the appeal is extended as 4,365
provided in division (R)(Q) of this section and that the appeal 4,366
was filed within the extended time provided in that division, the 4,368
court shall thereafter make its decision on the merits of the 4,369
appeal. If the court of common pleas determines that the time 4,370
for filing the appeal may not be extended as provided in division 4,371
(R)(Q) of this section, the court shall dismiss the appeal 4,373
accordingly. The determination on timeliness by the court of 4,374
common pleas may be appealed to the court of appeals as in civil 4,375
cases, and such appeal shall be consolidated with any appeal from 4,376
the decision by the court of common pleas on the merits of the 4,377
appeal.
(P) Any application for reconsideration, any appeal from a 4,379
decision on reconsideration of the determination OR 4,380
REDETERMINATION of the administrator, application to institute a 4,382
further appeal, and any notice of intention to appeal the OR A 4,383
decision or order of the commission to a court of common pleas 4,385
may be executed in behalf of any party or any group of claimants 4,386
by an agent.
(Q)(1) The administrator, the administrator's deputy, the 4,388
referee, the review commission, or the court that has the 4,389
authority or jurisdiction pursuant to this section to hear an 4,391
application for reconsideration or an appeal that is timely filed 4,392
shall render a decision on the application for reconsideration or 4,393
the appeal and upon any further application for reconsideration 4,394
or appeal that is timely filed, whether or not the claimant meets 4,395
the able to work, available for suitable work, or the actively 4,396
seeking work requirements of division (A)(4)(a) of section 4,397
4141.29 of the Revised Code, if all of the following apply: 4,398
108
(a) The claimant's claim for benefits is allowed or denied 4,400
upon initial determination by the administrator or the 4,401
administrator's deputy or upon reconsideration, review, or appeal 4,403
by a decision of the administrator, the administrator's deputy, a 4,404
referee, the review commission, or a court. 4,405
(b) After the claim is allowed or disallowed, the claimant 4,407
is subjected to criminally injurious conduct, as defined in 4,408
section 2743.51 of the Revised Code. 4,409
(c) Pursuant to this section, any interested party timely 4,411
applies for reconsideration, or timely files an appeal, of the 4,412
determination or decision. 4,413
(d) The claimant files an application for an award of 4,415
reparations pursuant to sections 2743.51 to 2743.72 of the 4,416
Revised Code, for the loss of unemployment benefits. 4,417
(2) Any decision that is rendered pursuant to division 4,419
(Q)(1) of this section when a claimant fails to meet the able to 4,420
work, available for suitable work, or the actively seeking work 4,421
requirements of division (A)(4)(a) of section 4141.29 of the 4,422
Revised Code shall apply only for the purposes of any claim for 4,423
an award of reparations filed pursuant to sections 2743.51 to 4,424
2743.72 of the Revised Code and shall not enable a claimant who 4,425
does not meet the able to work, available for suitable work, or 4,426
the actively seeking work requirements of division (A)(4)(a) of 4,427
section 4141.29 of the Revised Code to obtain any benefits 4,428
pursuant to this chapter. 4,429
(R) The time for filing a request for reconsideration, an 4,431
appeal, an application to institute further appeal A REQUEST FOR 4,432
REVIEW, or a court appeal, under division (G), (H), (L), or (O) 4,434
of this section shall be extended as follows: 4,435
(1) When the last day of an appeal period is a Saturday, 4,437
Sunday, or legal holiday, the appeal period is extended to the 4,438
next work day after the Saturday, Sunday, or legal holiday; or 4,439
(2) When an interested party provides certified medical 4,441
evidence stating that the interested party's physical condition 4,442
109
or mental capacity prevented the interested party from filing a 4,443
request for reconsideration, an appeal, or an application to 4,444
institute further appeal REQUEST FOR REVIEW pursuant to division 4,445
(G), (H), or (L) of this section within the appropriate 4,447
twenty-one-day period, the appeal period is extended to 4,448
twenty-one days after the end of the physical or mental condition 4,449
and the request, appeal, or application REQUEST FOR REVIEW is 4,450
considered timely filed if filed within that extended period; 4,452
(3) When an interested party provides evidence, which 4,454
evidence may consist of testimony from the interested party, that 4,455
is sufficient to establish that the party did not actually 4,456
receive the determination or decision within the applicable 4,458
appeal period pursuant to division (G), (H), or (L) of this 4,459
section, and the administrator or the commission finds that the 4,460
interested party did not actually receive the determination or 4,462
decision within the applicable appeal period, then the appeal 4,463
period is extended to twenty-one days after the interested party 4,464
actually receives the determination or decision. 4,465
(4) When an interested party provides evidence, which 4,467
evidence may consist of testimony from the interested party, that 4,468
is sufficient to establish that the party did not actually 4,469
receive a decision within the thirty-day appeal period provided 4,470
in division (O)(1) of this section, and a court of common pleas 4,471
finds that the interested party did not actually receive the 4,472
decision within that thirty-day appeal period, then the appeal 4,473
period is extended to thirty days after the interested party 4,474
actually receives the decision. 4,475
(S)(R) No finding of fact or law, decision, or order of 4,477
the administrator, referee HEARING OFFICER, or the review 4,478
commission, or a reviewing court pursuant to this section, shall 4,481
be given collateral estoppel or res judicata effect in any 4,482
separate or subsequent judicial, administrative, or arbitration 4,483
proceeding, other than a proceeding arising under this chapter. 4,484
Sec. 4141.29. Each eligible individual shall receive 4,492
110
benefits as compensation for loss of remuneration due to 4,493
involuntary total or partial unemployment in the amounts and 4,494
subject to the conditions stipulated in this chapter. 4,495
(A) No individual is entitled to a waiting period or 4,497
benefits for any week unless he THE INDIVIDUAL: 4,498
(1) Has filed a valid application for determination of 4,500
benefit rights in accordance with section 4141.28 of the Revised 4,501
Code; 4,502
(2) Has made a claim for benefits in accordance with 4,504
section 4141.28 of the Revised Code; 4,505
(3) Has registered at an employment office or other 4,507
registration place maintained or designated by the administrator 4,508
of the bureau of employment services. Registration shall be made 4,509
in person or in writing in accordance with the time limits, 4,510
frequency, and manner prescribed by the administrator. 4,511
(4)(a) Is able to work and available for suitable work and 4,513
is actively seeking suitable work either in a locality in which 4,514
he THE INDIVIDUAL has earned wages subject to this chapter during 4,516
his THE INDIVIDUAL'S base period, or if he THE INDIVIDUAL leaves 4,517
such THAT locality, then in a locality where suitable work is 4,519
normally IS performed.
The administrator may waive the requirement that a claimant 4,521
be actively seeking work when he THE ADMINISTRATOR finds that an 4,522
individual has been laid off and the employer who laid him THE 4,524
INDIVIDUAL off has notified the administrator within ten days 4,526
after the layoff, that work is expected to be available for the 4,527
individual within a specified number of days not to exceed 4,528
forty-five calendar days following the last day the individual 4,529
worked. In the event the individual is not recalled within the 4,530
specified period, such THIS waiver shall cease to be operative 4,532
with respect to such THAT layoff.
(b) The individual shall be instructed as to the efforts 4,534
that he THE INDIVIDUAL must make in his THE search for suitable 4,536
work, except where the active search for work requirement has 4,537
111
been waived under division (A)(4)(a) of this section, and shall 4,538
keep a record of where and when he THE INDIVIDUAL has sought work 4,539
in complying with such THOSE instructions and shall, upon 4,541
request, SHALL produce such THAT record for examination by the 4,543
administrator.
(c) An individual who is attending a training course 4,545
approved by the administrator meets the requirement of this 4,546
division, if such attendance was recommended by the administrator 4,547
and the individual is regularly attending the course and is 4,548
making satisfactory progress. An individual also meets the 4,549
requirements of this division if he THE INDIVIDUAL is 4,550
participating and advancing in a training program, as defined in 4,552
division (P) of section 5709.61 of the Revised Code, and if an 4,553
enterprise, defined in division (B) of section 5709.61 of the 4,554
Revised Code, is paying all or part of the cost of the 4,555
individual's participation in the training program with the 4,556
intention of hiring the individual for employment as a new 4,557
employee, as defined in division (L) of section 5709.61 of the 4,558
Revised Code, for at least ninety days after the individual's 4,559
completion of the training program. 4,560
(d) An individual who becomes unemployed while attending a 4,562
regularly established school and whose base period qualifying 4,563
weeks were earned in whole or in part while attending such THAT 4,564
school, meets the availability and active search for work 4,565
requirements of division (A)(4)(a) of this section if he THE 4,566
INDIVIDUAL REGULARLY ATTENDS THE SCHOOL DURING WEEKS WITH RESPECT 4,567
TO WHICH THE INDIVIDUAL CLAIMS UNEMPLOYMENT BENEFITS AND makes 4,568
himself SELF available on any shift of hours for suitable 4,569
employment with his THE INDIVIDUAL'S most recent employer or any 4,571
other employer in his THE INDIVIDUAL'S base period, or for any 4,573
other suitable employment to which he THE INDIVIDUAL is directed, 4,575
under this chapter.
(e) The administrator shall adopt such ANY rules as he 4,577
THAT THE ADMINISTRATOR deems necessary for the administration of 4,579
112
division (A)(4) of this section. 4,580
(f) Notwithstanding any other provisions of this section, 4,582
no otherwise eligible individual shall be denied benefits for any 4,583
week because he or she THE INDIVIDUAL is in training approved 4,584
under section 236(a)(1) of the "Trade Act of 1974," 88 Stat. 4,586
1978, 19 U.S.C.A. 2296, nor shall such THAT individual be denied 4,587
benefits by reason of leaving work to enter such training, 4,589
provided the work left is not suitable employment, or because of 4,590
the application to any week in training of provisions in this 4,591
chapter, or any applicable federal unemployment compensation law, 4,592
relating to availability for work, active search for work, or 4,593
refusal to accept work.
For the purposes of division (A)(4)(f) of this section, 4,595
"suitable employment" means with respect to an individual, work 4,596
of a substantially equal or higher skill level than the 4,597
individual's past adversely affected employment, as defined for 4,598
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,599
U.S.C.A. 2101, and wages for such work at not less than eighty 4,600
per cent of the individual's average weekly wage as determined 4,601
for the purposes of that federal act. 4,602
(5) Is unable to obtain suitable work. 4,604
(6) Participates in reemployment services, such as job 4,606
search assistance services, if the individual has been determined 4,607
to be likely to exhaust benefits under this chapter, including 4,608
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 4,609
than extended compensation, and needs reemployment services 4,610
pursuant to the profiling system established by the administrator 4,611
under division (K) of this section, unless the administrator 4,612
determines that: 4,613
(a) The individual has completed such services; or 4,615
(b) There is justifiable cause for the claimant's failure 4,617
to participate in such services. 4,618
(B) An individual suffering total or partial unemployment 4,620
is eligible for benefits for unemployment occurring subsequent to 4,621
113
a waiting period of one week and no benefits shall be payable 4,622
during this required waiting period, but no more than one week of 4,623
waiting period shall be required of any such individual in any 4,624
benefit year in order to establish his THE INDIVIDUAL'S 4,625
eligibility for total or partial unemployment benefits. 4,627
(C) The waiting period for total or partial unemployment 4,629
shall commence on the first day of the first week with respect to 4,630
which the individual first files a claim for benefits at an 4,631
employment office or other place of registration maintained or 4,632
designated by the administrator or on the first day of the first 4,633
week with respect to which he THE INDIVIDUAL has otherwise filed 4,634
a claim for benefits in accordance with the rules of the bureau 4,636
of employment services, provided such claim is allowed by the 4,637
administrator or his deputy. 4,638
(D) Notwithstanding division (A) of this section, no 4,640
individual may serve a waiting period or be paid benefits under 4,641
the following conditions: 4,642
(1) For any week with respect to which the administrator 4,644
finds that: 4,645
(a) His THE INDIVIDUAL'S unemployment was due to a labor 4,647
dispute other than a lockout at any factory, establishment, or 4,649
other premises located in this or any other state and owned or 4,650
operated by the employer by which he THE INDIVIDUAL is or was 4,651
last employed; and for so long as his THE INDIVIDUAL'S 4,653
unemployment is due to such labor dispute. No individual shall 4,655
be disqualified under this provision if EITHER OF THE FOLLOWING
APPLIES: 4,656
(i) His THE INDIVIDUAL'S employment was with such employer 4,658
at any factory, establishment, or premises located in this state, 4,660
owned or operated by such employer, other than the factory, 4,661
establishment, or premises at which the labor dispute exists, if 4,662
it is shown that he THE INDIVIDUAL is not financing, 4,663
participating in, or directly interested in such labor dispute; 4,665
or
114
(ii) His THE INDIVIDUAL'S employment was with an employer 4,667
not involved in the labor dispute but whose place of business was 4,669
located within the same premises as the employer engaged in the 4,670
dispute, unless his THE INDIVIDUAL'S employer is a wholly owned 4,671
subsidiary of the employer engaged in the dispute, or unless he 4,673
THE INDIVIDUAL actively participates in or voluntarily stops work 4,675
because of such dispute. If it is established that the claimant 4,676
was laid off for an indefinite period and not recalled to work 4,677
prior to the dispute, or was separated by the employer prior to 4,678
the dispute for reasons other than the labor dispute, or that he 4,679
THE INDIVIDUAL obtained a bona fide job with another employer 4,681
while the dispute was still in progress, such labor dispute shall 4,682
not render the employee ineligible for benefits. 4,683
(b) He THE INDIVIDUAL has been given a disciplinary layoff 4,685
for misconduct in connection with his THE INDIVIDUAL'S work. 4,687
(2) For the duration of his THE INDIVIDUAL'S unemployment 4,689
if the administrator finds that: 4,691
(a) He THE INDIVIDUAL quit his work without just cause or 4,694
has been discharged for just cause in connection with his THE 4,695
INDIVIDUAL'S work, provided division (D)(2) of this section does 4,697
not apply to the separation of a person under any of the 4,698
following circumstances:
(i) Separation from employment for the purpose of entering 4,700
the armed forces of the United States if he THE INDIVIDUAL makes 4,701
application to enter, or is inducted into such THE armed forces 4,703
within thirty days after such separation; 4,705
(ii) Separation from employment pursuant to a 4,707
labor-management contract or agreement, or pursuant to an 4,708
established employer plan, program, or policy, which permits the 4,709
employee, because of lack of work, to accept a separation from 4,710
employment;
(iii) He THE INDIVIDUAL has left his employment to accept 4,713
a recall from a prior employer or, except as provided in division 4,714
(D)(2)(a)(iv) of this section, to accept other employment as 4,716
115
provided under section 4141.291 of the Revised Code, or left or 4,717
was separated from employment which THAT was concurrent 4,718
employment at the time of the most recent separation or within 4,719
six weeks prior to the most recent separation where the 4,720
remuneration, hours, or other conditions of such concurrent 4,721
employment were substantially less favorable than his THE 4,722
INDIVIDUAL'S most recent employment and where such employment, if 4,723
offered as new work, would be considered not suitable under the 4,724
provisions of divisions (E) and (F) of this section. Any 4,725
benefits which THAT would otherwise be chargeable to the account 4,726
of the employer from whom an individual has left employment or 4,727
was separated from employment that was concurrent employment 4,728
under conditions described in division (D)(2)(a)(iii) of this 4,729
section, shall instead be charged to the mutualized account 4,731
created by division (D)(B) of section 4141.25 of the Revised 4,732
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this 4,733
section shall be charged to the account of the reimbursing 4,734
employer and not to the mutualized account, unless the 4,735
reimbursing employer is a seasonal employer as determined by the 4,736
administrator pursuant to section 4141.33 of the Revised Code, 4,737
and the benefit charges are for weeks of unemployment that 4,738
occurred outside the seasonal employer's seasonal period EXCEPT 4,739
AS PROVIDED IN DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED 4,740
CODE.
(iv) When an individual has been issued a definite layoff 4,743
date by his THE INDIVIDUAL'S employer and before the layoff date, 4,745
the individual quits to accept other employment, the provisions
of division (D)(2)(a)(iii) of this section apply and no 4,747
disqualification shall be imposed under division (D) of this 4,749
section. However, if the individual fails to meet the employment 4,750
and earnings requirements of division (A)(2) of section 4141.291 4,751
of the Revised Code, then the individual shall, pursuant to 4,752
division (A)(5) of this section, SHALL be ineligible for benefits 4,753
116
for any week of unemployment that occurs prior to the layoff 4,754
date.
(b) He THE INDIVIDUAL has refused without good cause to 4,756
accept an offer of suitable work when made by an employer either 4,758
in person or to his THE INDIVIDUAL'S last known address, or has 4,759
refused or failed to investigate a referral to suitable work when 4,761
directed to do so by a local employment office of this state or 4,762
another state, provided that this division shall not cause a 4,763
disqualification for a waiting week or benefits under the 4,764
following circumstances:
(i) When work is offered by his THE INDIVIDUAL'S employer 4,766
and he THE INDIVIDUAL is not required to accept the offer 4,768
pursuant to the terms of the labor-management contract or 4,769
agreement; or
(ii) When the individual is attending a vocational 4,771
training course pursuant to division (A)(4) of this section 4,772
except, in the event of a refusal to accept an offer of suitable 4,773
work or a refusal or failure to investigate a referral, benefits 4,774
thereafter paid to such individual shall not be charged to the 4,775
account of any employer and, except as provided in division 4,776
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 4,777
charged to the mutualized account as provided in division (D)(B) 4,779
of section 4141.25 of the Revised Code. 4,780
(c) Such individual quit work to marry or because of 4,782
marital, parental, filial, or other domestic obligations. 4,783
(d) He THE INDIVIDUAL has knowingly made a false statement 4,785
or representation or knowingly failed to report any material fact 4,786
with the object of obtaining benefits to which he THE INDIVIDUAL 4,787
is not entitled. 4,789
(e) He THE INDIVIDUAL became unemployed by reason of 4,791
commitment to any correctional institution. 4,793
(f) He THE INDIVIDUAL became unemployed because of 4,795
dishonesty in connection with his THE INDIVIDUAL'S most recent or 4,797
any base period work. Remuneration earned in such work shall be 4,798
117
excluded from such THE individual's total base period 4,800
remuneration and qualifying weeks which THAT otherwise would be 4,801
credited to such an THE individual for such work in the 4,803
individual's base period shall not be credited for the purpose of 4,804
determining the total benefits to which such THE individual is 4,805
eligible and the weekly benefit amount to be paid under section 4,806
4141.30 of the Revised Code. Such excluded remuneration and 4,807
noncredited qualifying weeks shall be excluded from the 4,808
calculation of the maximum amount to be charged, under division 4,809
(D) of section 4141.24 and section 4141.33 of the Revised Code, 4,810
against the accounts of the individual's base period employers. 4,811
In addition, no benefits shall thereafter be paid to such THE 4,812
individual based upon such excluded remuneration or noncredited 4,814
qualifying weeks.
For purposes of division (D)(2)(f) of this section, 4,816
"dishonesty" means the commission of substantive theft, fraud, or 4,817
deceitful acts. 4,818
(E) No individual otherwise qualified to receive benefits 4,820
shall lose the right to benefits by reason of a refusal to accept 4,821
new work if: 4,822
(1) As a condition of being so employed he THE INDIVIDUAL 4,824
would be required to join a company union, or to resign from or 4,826
refrain from joining any bona fide labor organization, or would 4,827
be denied the right to retain membership in and observe the 4,828
lawful rules of any such organization. 4,829
(2) The position offered is vacant due directly to a 4,831
strike, lockout, or other labor dispute. 4,832
(3) The work is at an unreasonable distance from his THE 4,834
INDIVIDUAL'S residence, having regard to the character of the 4,836
work he THE INDIVIDUAL has been accustomed to do, and travel to 4,838
the place of work involves expenses substantially greater than 4,839
that required for his THE INDIVIDUAL'S former work, unless the 4,841
expense is provided for.
(4) The remuneration, hours, or other conditions of the 4,843
118
work offered are substantially less favorable to the individual 4,844
than those prevailing for similar work in the locality. 4,845
(F) Subject to the special exceptions contained in 4,847
division (A)(4)(f) of this section and section 4141.301 of the 4,848
Revised Code, in determining whether any work is suitable for a 4,849
claimant in the administration of this chapter, the administrator 4,850
shall, in addition to the determination required under division 4,851
(E) of this section, SHALL consider the degree of risk to the 4,852
claimant's health, safety, and morals, his THE INDIVIDUAL'S 4,853
physical fitness for the work, his THE INDIVIDUAL'S prior 4,855
training and experience, the length of his THE INDIVIDUAL'S 4,856
unemployment, the distance of the available work from his THE 4,857
INDIVIDUAL'S residence, and his THE INDIVIDUAL'S prospects for 4,859
obtaining local work. 4,860
(G) The "duration of his unemployment" as used in this 4,862
section means the full period of unemployment next ensuing after 4,863
a separation from any base period or subsequent work and until an 4,864
individual has become reemployed in employment subject to this 4,865
chapter, or the unemployment compensation act of another state, 4,866
or of the United States, and until such individual has worked six 4,867
weeks and for such THOSE weeks has earned or been paid 4,868
remuneration equal to six times an average weekly wage of not 4,870
less than: eighty-five dollars and ten cents per week beginning 4,871
on June 26, 1990; and beginning on and after January 1, 1992, 4,872
twenty-seven and one-half per cent of the statewide average 4,873
weekly wage as computed each first day of January under division 4,874
(B)(3) of section 4141.30 of the Revised Code, rounded down to 4,875
the nearest dollar, except for purposes of division (D)(2)(c) of 4,876
this section, such term means the full period of unemployment 4,877
next ensuing after a separation from such work and until such 4,878
individual has become reemployed subject to the terms set forth 4,879
above, and has earned wages equal to one-half of his THE 4,880
INDIVIDUAL'S average weekly wage or sixty dollars, whichever is 4,882
less.
119
(H) If a claimant is disqualified under division 4,884
(D)(2)(a), (c), or (e) of this section or found to be qualified 4,885
under the exceptions provided in division (D)(2)(a)(i), (ii), 4,886
(iii), or (iv) of this section or division (A)(2) of section 4,887
4141.291 of the Revised Code, then benefits which THAT may become 4,889
payable to such claimant, which are chargeable to the account of 4,890
the employer from whom he THE INDIVIDUAL was separated under such 4,892
conditions, shall be charged to the mutualized account provided 4,893
in section 4141.25 of the Revised Code, provided that no charge 4,894
shall be made to the mutualized account for benefits chargeable 4,895
to a reimbursing employer, except as provided in division 4,896
(C)(D)(2) of section 4141.33 4141.24 of the Revised Code. In the 4,898
case of a reimbursing employer, the administrator shall refund or 4,899
credit to the account of the reimbursing employer any over-paid 4,900
benefits that are recovered under division (B) of section 4141.35 4,901
of the Revised Code. 4,902
(I)(1) Benefits based on service in employment as provided 4,904
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 4,905
Code shall be payable in the same amount, on the same terms, and 4,906
subject to the same conditions as benefits payable on the basis 4,907
of other service subject to this chapter; except that after 4,908
December 31, 1977: 4,909
(a) Benefits based on service in an instructional, 4,911
research, or principal administrative capacity in an institution 4,912
of higher education, as defined in division (Y) of section 4,913
4141.01 of the Revised Code; or for an educational institution as 4,914
defined in division (CC) of section 4141.01 of the Revised Code, 4,915
shall not be paid to any individual for any week of unemployment 4,916
which THAT begins during the period between two successive 4,917
academic years or terms, or during a similar period between two 4,919
regular but not successive terms or during a period of paid 4,920
sabbatical leave provided for in the individual's contract, if 4,921
the individual performs such services in the first of such THOSE 4,922
academic years or terms and has a contract or a reasonable 4,924
120
assurance that the individual will perform services in any such 4,925
capacity for any such institution in the second of such THOSE 4,926
academic years or terms. 4,927
(b) Benefits based on service for an educational 4,929
institution or an institution of higher education in other than 4,930
an instructional, research, or principal administrative capacity, 4,931
shall not be paid to any individual for any week of unemployment 4,932
which begins during the period between two successive academic 4,933
years or terms of the employing educational institution or 4,934
institution of higher education, provided the individual 4,935
performed such THOSE services for the educational institution or 4,936
institution of higher education during the first such academic 4,937
year or term and, there is a reasonable assurance that such 4,938
individual will perform such THOSE services for any educational 4,939
institution or institution of higher education in the second of 4,940
such academic years or terms. 4,941
If compensation is denied to any individual for any week 4,943
under division (I)(1)(b) of this section and the individual was 4,944
not offered an opportunity to perform such THOSE services for an 4,945
institution of higher education or for an educational institution 4,946
for the second of such academic years or terms, the individual is 4,947
entitled to a retroactive payment of compensation for each week 4,948
for which the individual timely filed a claim for compensation 4,949
and for which compensation was denied solely by reason of 4,950
division (I)(1)(b) of this section. An application for 4,951
retroactive benefits shall be timely filed if received by the 4,952
administrator or his THE ADMINISTRATOR'S deputy within or prior 4,953
to the end of the fourth full calendar week after the end of the 4,955
period for which benefits were denied because of reasonable 4,956
assurance of employment. The provision for the payment of 4,957
retroactive benefits under division (I)(1)(b) of this section is 4,958
applicable to weeks of unemployment beginning on and after 4,959
November 18, 1983. The provisions under division (I)(1)(b) of 4,960
this section shall be retroactive to September 5, 1982, only if, 4,961
121
as a condition for full tax credit against the tax imposed by the 4,962
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 4,963
3301 TO 3311, the United States secretary of labor determines 4,964
that retroactivity is required by federal law. 4,966
(c) With respect to weeks of unemployment beginning after 4,968
December 31, 1977, benefits shall be denied to any individual for 4,969
any week which commences during an established and customary 4,970
vacation period or holiday recess, if the individual performs any 4,971
services described in divisions (I)(1)(a) and (b) of this section 4,972
in the period immediately before the vacation period or holiday 4,973
recess, and there is a reasonable assurance that the individual 4,974
will perform any such services in the period immediately 4,975
following the vacation period or holiday recess. 4,976
(d) With respect to any services described in division 4,978
(I)(1)(a), (b), or (c) of this section, benefits payable on the 4,979
basis of services in any such capacity shall be denied as 4,980
specified in division (I)(1)(a), (b), or (c) of this section to 4,981
any individual who performs such services in an educational 4,982
institution or institution of higher education while in the 4,983
employ of an educational service agency. For this purpose, the 4,984
term "educational service agency" means a governmental agency or 4,985
governmental entity which THAT is established and operated 4,986
exclusively for the purpose of providing services to one or more 4,988
educational institutions or one or more institutions of higher 4,989
education.
(e) Any individual employed by a public school district or 4,991
a county board of mental retardation shall be notified by the 4,992
thirtieth day of April each year if he THE INDIVIDUAL is not to 4,993
be reemployed the following academic year. 4,995
(2) No disqualification will be imposed, between academic 4,997
years or terms or during a vacation period or holiday recess 4,998
under this division, unless the administrator or his THE 4,999
ADMINISTRATOR'S deputy has received a statement in writing from 5,001
the educational institution or institution of higher education 5,002
122
that the claimant has a contract for, or a reasonable assurance 5,003
of, reemployment for the ensuing academic year or term. 5,004
(3) If an individual has employment with an educational 5,006
institution or an institution of higher education and employment 5,007
with a noneducational employer, during the base period of the 5,008
individual's benefit year, then the individual may become 5,009
eligible for benefits during the between-term, or vacation or 5,010
holiday recess, disqualification period, based on employment 5,011
performed for the noneducational employer, provided that the 5,012
employment is sufficient to qualify the individual for benefit 5,013
rights separately from the benefit rights based on school 5,014
employment. The weekly benefit amount and maximum benefits 5,015
payable during a disqualification period shall be computed based 5,016
solely on the nonschool employment. 5,017
(J) Benefits shall not be paid on the basis of employment 5,019
performed by an alien, unless the alien had been lawfully 5,020
admitted to the United States for permanent residence at the time 5,021
the services were performed, was lawfully present for purposes of 5,022
performing the services, or was otherwise permanently residing in 5,023
the United States under color of law at the time the services 5,024
were performed, under section 212(d)(5) of the "Immigration and 5,025
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,026
(1) Any data or information required of individuals 5,028
applying for benefits to determine whether benefits are not 5,029
payable to them because of their alien status shall be uniformly 5,030
required from all applicants for benefits. 5,031
(2) In the case of an individual whose application for 5,033
benefits would otherwise be approved, no determination that 5,034
benefits to the individual are not payable because of his THE 5,035
INDIVIDUAL'S alien status shall be made except upon a 5,037
preponderance of the evidence that the individual had not, in 5,038
fact, been lawfully admitted to the United States. 5,039
(K) The administrator shall establish and utilize a system 5,041
of profiling all new claimants under this chapter that: 5,042
123
(1) Identifies which claimants will be likely to exhaust 5,044
regular compensation and will need job search assistance services 5,045
to make a successful transition to new employment; 5,046
(2) Refers claimants identified pursuant to division 5,048
(K)(1) of this section to reemployment services, such as job 5,049
search assistance services, available under any state or federal 5,050
law; 5,051
(3) Collects follow-up information relating to the 5,053
services received by such claimants and the employment outcomes 5,054
for such claimant's subsequent to receiving such services and 5,055
utilizes such information in making identifications pursuant to 5,056
division (K)(1) of this section; and 5,057
(4) Meets such other requirements as the United States 5,059
secretary of labor determines are appropriate. 5,060
Sec. 4141.291. (A) Notwithstanding section 4141.29 of the 5,070
Revised Code, an individual who voluntarily quits work: 5,071
(1) To accept a recall from a prior employer and 5,073
establishes that the refusal or failure to accept the recall 5,074
would have resulted in a substantial loss of employment rights, 5,075
benefits, or pension, under a labor-management agreement or 5,076
company policy; 5,077
(2) To accept a recall to employment from a prior employer 5,079
and cannot establish that a substantial loss of employment 5,080
rights, benefits, or pension was involved in the recall, or to 5,081
accept other employment subject to this chapter, or the 5,082
unemployment compensation act of another state, or of the United 5,083
States, where the individual obtains such employment while still 5,084
employed or commences such employment within seven calendar days 5,086
after the last day of employment with the prior employer, and 5,087
subsequent to the last day of the employment with the prior 5,088
employer, works three weeks in the new employment and earns wages 5,089
equal to one and one-half times the individual's average weekly 5,090
wage or one hundred eighty dollars, whichever is less; 5,091
(3) Shall, under the conditions specified in either 5,093
124
division (A)(1) or (2) of this section, remove the 5,094
disqualification imposed by division (D)(2)(a) of section 4141.29 5,095
of the Revised Code and shall be deemed to have fully complied 5,096
with division (G) of such section. 5,097
(B) Benefits which may become payable to such individual 5,099
because of the individual's subsequent separation from the 5,100
employer who recalled that individual shall be charged to 5,101
employer accounts as provided in division (D) of section 4141.24 5,102
of the Revised Code.
(C) Any benefits which would be chargeable to the account 5,104
of the employer from whom such individual voluntarily quit to 5,105
accept such recall or other employment which are not chargeable 5,106
to the recalling employer as provided in this section shall be 5,107
charged to the mutualized account provided in section 4141.25 of 5,108
the Revised Code; except that any benefits chargeable to the 5,109
account of a reimbursing employer under this division shall be 5,110
charged to the account of the reimbursing employer and not the 5,111
mutualized account unless the charge is required under division 5,112
(C) of section 4141.33 of the Revised Code, EXCEPT AS PROVIDED IN 5,114
DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE.
Sec. 4141.301. (A) As used in this section, unless the 5,123
context clearly requires otherwise: 5,124
(1) "Extended benefit period" means a period which: 5,126
(a) Begins with the third week after a week for which 5,128
there is a state "on" indicator; and 5,129
(b) Ends with either of the following weeks, whichever 5,131
occurs later: 5,132
(i) The third week after the first week for which there is 5,134
a state "off" indicator; or 5,135
(ii) The thirteenth consecutive week of such period; 5,137
Except, that no extended benefit period may begin by reason 5,139
of a state "on" indicator before the fourteenth week following 5,140
the end of a prior extended benefit period which was in effect 5,141
with respect to this state. 5,142
125
(2) There is a "state 'on' indicator" for this state for a 5,144
week if the administrator determines, in accordance with the 5,145
regulations of the United States secretary of labor, that for the 5,146
period consisting of such week and the immediately preceding 5,147
twelve weeks, the rate of insured unemployment, not seasonally 5,148
adjusted, under Chapter 4141. of the Revised Code: 5,149
(a) Equaled or exceeded one hundred and twenty per cent of 5,151
the average of such rates for the corresponding thirteen-week 5,152
period ending in each of the preceding two calendar years, and 5,153
for weeks beginning before September 25, 1982, equaled or 5,154
exceeded four per cent and for weeks beginning after September 5,155
25, 1982, equaled or exceeded five per cent; 5,156
(b) For weeks of unemployment beginning after December 31, 5,158
1977 and before September 25, 1982, such rate of insured 5,159
unemployment: 5,160
(i) Met the criteria set forth in division (A)(2)(a) of 5,162
this section; or 5,163
(ii) Equaled or exceeded five per cent. 5,165
(c) For weeks of unemployment beginning after September 5,167
25, 1982, such rate of insured unemployment: 5,168
(i) Met the criteria set forth in division (A)(2)(a) of 5,170
this section; or 5,171
(ii) Equaled or exceeded six per cent. 5,173
(3) A "state 'off' indicator" exists for the state for a 5,175
week if the administrator determines, in accordance with the 5,176
regulations of the United States secretary of labor, that for the 5,177
period consisting of such week and the immediately preceding 5,178
twelve weeks, the rate of insured unemployment, not seasonally 5,179
adjusted, under Chapter 4141. of the Revised Code: 5,180
(a) Was less than one hundred and twenty per cent of the 5,182
average of such rates for the corresponding thirteen-week period 5,183
ending in each of the preceding two calendar years, or for weeks 5,184
beginning before September 25, 1982, was less than four per cent 5,185
and for weeks beginning after September 25, 1982, was less than 5,186
126
five per cent; 5,187
(b) For weeks of unemployment beginning after December 31, 5,189
1977 and before September 25, 1982, such rate of insured 5,190
unemployment: 5,191
(i) Was less than five per cent; and 5,193
(ii) Met the criteria set forth in division (A)(3)(a) of 5,195
this section. 5,196
(c) For weeks of unemployment beginning after September 5,198
25, 1982, such rate of insured unemployment; 5,199
(i) Was less than six per cent; and 5,201
(ii) Met the criteria set forth in division (A)(3)(a) of 5,203
this section. 5,204
(4) "Rate of insured unemployment," for purposes of 5,206
divisions (A)(2) and (3) of this section, means the percentage 5,207
derived by dividing: 5,208
(a) The average weekly number of individuals filing claims 5,210
for regular compensation in this state for weeks of unemployment 5,211
with respect to the most recent thirteen-consecutive-week period, 5,212
as determined by the administrator on the basis of his THE 5,213
ADMINISTRATOR'S reports to the United States secretary of labor, 5,215
by
(b) The average monthly employment covered under Chapter 5,217
4141. of the Revised Code, for the first four of the most recent 5,218
six completed calendar quarters ending before the end of such 5,219
thirteen-week period. 5,220
(5) "Regular benefits" means benefits payable to an 5,222
individual, as defined in division (C) of section 4141.01 of the 5,223
Revised Code, or under any other state law, including dependents' 5,224
allowance and benefits payable to federal civilian employees and 5,225
to ex-servicemen EX-SERVICEPERSONS pursuant to the "Act of 5,226
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, other than 5,228
extended benefits, and additional benefits as defined in division 5,229
(A)(10) of this section. 5,230
(6) "Extended benefits" means benefits, including benefits 5,232
127
payable to federal civilian employees and to ex-servicemen 5,233
EX-SERVICEPERSON pursuant to the "Act of September 6, 1966," 80 5,235
Stat. 585, 5 U.S.C.A. 8501, and additional benefits, payable to 5,236
an individual under the provisions of this section for weeks of 5,237
unemployment in his THE INDIVIDUAL'S eligibility period. 5,238
(7) "Eligibility period" of an individual means the period 5,240
consisting of the weeks in his THE INDIVIDUAL'S benefit year 5,241
which begin in an extended benefit period and, if his THE 5,243
INDIVIDUAL'S benefit year ends within the extended benefit 5,245
period, any weeks thereafter which begin in the period. 5,246
(8) "Exhaustee" means an individual who, with respect to 5,248
any week of unemployment in his THE INDIVIDUAL'S eligibility 5,249
period: 5,250
(a) Has received prior to the week, all of the regular 5,252
benefits that were available to him THE INDIVIDUAL under Chapter 5,253
4141. of the Revised Code, or any other state law, including 5,255
dependents' allowance and benefits payable to federal civilian 5,256
employees and ex-servicemen EX-SERVICEPERSONS under the "Act of 5,257
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE 5,259
INDIVIDUAL'S current benefit year that includes the week; 5,261
(b) Has received, prior to the week, all of the regular 5,263
benefits that were available to him THE INDIVIDUAL under this 5,264
chapter or any other state law, including dependents' allowances 5,266
and regular benefits available to federal civilian employees and 5,267
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6, 5,268
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE INDIVIDUAL'S 5,270
current benefit year that includes the week, after the 5,272
cancellation of some or all of his THE INDIVIDUAL'S wage credits 5,273
or the total or partial reduction of his THE INDIVIDUAL'S right 5,274
to regular benefits, provided that, for the purposes of divisions 5,276
(A)(8)(a) and (8)(b) of this section, an individual shall be 5,277
deemed to have received in his THE INDIVIDUAL'S current benefit 5,278
year all of the regular benefits that were either payable or 5,280
available to him THE INDIVIDUAL even though: 5,281
128
(i) As a result of a pending appeal with respect to wages 5,283
or employment, or both, that were not included in the original 5,284
monetary determination with respect to his THE INDIVIDUAL'S 5,285
current benefit year, he THE INDIVIDUAL may subsequently be 5,287
determined to be entitled to more regular benefits, or 5,289
(ii) By reason of section 4141.33 of the Revised Code, or 5,291
the seasonal employment provisions of another state law, he THE 5,292
INDIVIDUAL is not entitled to regular benefits with respect to 5,294
the week of unemployment, although he THE INDIVIDUAL may be 5,295
entitled to regular benefits with respect to future weeks of 5,297
unemployment in either the next season or off season in his THE 5,298
INDIVIDUAL'S current benefit year, and he THE INDIVIDUAL is 5,299
otherwise an "exhaustee" within the meaning of this section with 5,300
respect to his THE right to regular benefits under state law 5,301
seasonal employment provisions during either the season or off 5,303
season in which that week of unemployment occurs, or 5,304
(iii) Having established a benefit year, no regular 5,306
benefits are payable to him THE INDIVIDUAL during the year 5,307
because his THE INDIVIDUAL'S wage credits were cancelled or his 5,309
THE INDIVIDUAL'S right to regular benefits was totally reduced as 5,311
the result of the application of a disqualification; or 5,312
(c) His THE INDIVIDUAL'S benefit year having expired prior 5,314
to the week, has no, or insufficient, wages or weeks of 5,316
employment on the basis of which he THE INDIVIDUAL could 5,317
establish in any state a new benefit year that would include the 5,319
week, or having established a new benefit year that includes the 5,320
week, he THE INDIVIDUAL is precluded from receiving regular 5,321
benefits by reason of a state law which meets the requirements of 5,322
section 3304 (a)(7) of the "Federal Unemployment Tax Act," 53 5,323
Stat. 183, 26 U.S.C.A. 3301, as amended TO 3311; and 5,324
(i) Has no right for the week to unemployment benefits or 5,326
allowances, as the case may be, under the Railroad Unemployment 5,327
Insurance Act, the Trade Act of 1974, and other federal laws as 5,328
are specified in regulations issued by the United States 5,329
129
secretary of labor; and 5,330
(ii) Has not received and is not seeking for the week 5,332
unemployment benefits under the unemployment compensation law of 5,333
the Virgin Islands, prior to the day after that on which the 5,334
secretary of labor approves the unemployment compensation law of 5,335
the Virgin Islands, or of Canada; or if he THE INDIVIDUAL is 5,336
seeking benefits and the appropriate agency finally determines 5,338
that he THE INDIVIDUAL is not entitled to benefits under the law 5,340
for the week.
(9) "State law" means the unemployment insurance law of 5,342
any state, approved by the United States secretary of labor under 5,343
section 3304 of the Internal Revenue Code of 1954. 5,344
(10) "Additional benefits" means benefits totally financed 5,346
by a state and payable to exhaustees by reason of high 5,347
unemployment or by reason of other special factors under the 5,348
provisions of any state law. 5,349
(B) Except when the result would be inconsistent with the 5,351
other provisions of this section, as provided in the regulations 5,352
of the administrator, the provisions of Chapter 4141. of the 5,353
Revised Code, which apply to claims for, or the payment of, 5,354
regular benefits, shall apply to claims for, and the payment of, 5,355
extended benefits. 5,356
(C) Any individual shall be eligible to receive extended 5,358
benefits with respect to any week of unemployment in his THE 5,359
INDIVIDUAL'S eligibility period only if the administrator finds 5,361
that, with respect to such week: 5,362
(1) The individual is an "exhaustee" as defined in 5,364
division (A)(8) of this section; and 5,365
(2) The individual has satisfied the requirements of 5,367
Chapter 4141. of the Revised Code, for the receipt of regular 5,368
benefits that are applicable to individuals claiming extended 5,369
benefits, including not being subject to a disqualification for 5,370
the receipt of benefits. 5,371
(D) The weekly extended benefit amount payable to an 5,373
130
individual for a week of total unemployment in his THE 5,374
INDIVIDUAL'S eligibility period shall be the same as the weekly 5,376
benefit amount payable to him THE INDIVIDUAL during his THE 5,377
INDIVIDUAL'S applicable benefit year. 5,378
(E) The total extended benefit amount payable to any 5,380
eligible individual with respect to his THE INDIVIDUAL'S 5,381
applicable benefit year shall be the lesser of the following 5,383
amounts:
(1) Fifty per cent of the total amount of regular 5,385
benefits, including dependents' allowances which were payable to 5,386
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, in 5,387
his THE INDIVIDUAL'S applicable benefit year; 5,389
(2) Thirteen times his THE INDIVIDUAL'S weekly benefit 5,391
amount, including dependents' allowances, which was payable to 5,393
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, for a 5,395
week of total unemployment in the applicable benefit year; 5,396
provided, that in making the computation under divisions (E)(1) 5,397
and (2) of this section, any amount which is not a multiple of 5,398
one dollar shall be rounded to the next lower multiple of one 5,399
dollar.
(F)(1) Except as provided in division (F)(2) of this 5,401
section, an individual eligible for extended benefits pursuant to 5,402
an interstate claim filed in any state under the interstate 5,403
benefit payment plan shall not be paid extended benefits for any 5,404
week in which an extended benefit period is not in effect in such 5,405
state. 5,406
(2) Division (F)(1) of this section does not apply with 5,408
respect to the first two weeks for which extended compensation is 5,409
payable to an individual, as determined without regard to this 5,410
division, pursuant to an interstate claim filed under the 5,411
interstate benefit payment plan from the total extended benefit 5,412
amount payable to that individual in his THE INDIVIDUAL'S 5,413
applicable benefit year. 5,414
(3) Notwithstanding any other provisions of this section, 5,416
131
if the benefit year of any individual ends within an extended 5,417
benefit period, the remaining balance of extended benefits that 5,418
the individual would, but for this section, be entitled to 5,419
receive in that extended benefit period, with respect to weeks of 5,420
unemployment beginning after the end of the benefit year, shall 5,421
be reduced, but not below zero, by the product of the number of 5,422
weeks for which the individual received any amounts as trade 5,423
readjustment allowances within that benefit year, multiplied by 5,424
the individual's weekly benefit amount for extended benefits. 5,425
(G)(1) Whenever an extended benefit period is to become 5,427
effective in this state, as a result of a state "on" indicator, 5,428
or an extended benefit period is to be terminated in this state 5,429
as a result of a state "off" indicator, the administrator shall 5,430
make an appropriate public announcement. 5,431
(2) Computations required by division (A)(4) of this 5,433
section shall be made by the administrator, in accordance with 5,434
the regulations prescribed by the United States secretary of 5,435
labor. 5,436
(H)(1)(a) The administrator shall promptly examine any 5,438
application for extended benefits filed and, under this section, 5,439
shall determine whether such application is to be allowed or 5,440
disallowed and, if allowed, the weekly and total extended 5,441
benefits payable and the effective date of the application. The 5,442
claimant, his THE CLAIMANT'S most recent employer, and any other 5,443
employer in the base period of the claim upon which the extended 5,445
benefits are based, and who was chargeable for regular benefits 5,446
based on such claim, shall be notified of such determination. 5,447
(b) The determination issued to the most recent or other 5,449
base period employer shall include the total amount of extended 5,450
benefits which may be charged to his THE EMPLOYER'S account. 5,451
Such potential charge amount shall be an amount equal to 5,453
one-fourth of the regular benefits chargeable to his THE 5,454
EMPLOYER'S account on the regular claim upon which extended 5,456
benefits are based except that, effective January 1, 1979, the 5,457
132
potential charge amount to the state and its instrumentalities 5,458
and its political subdivisions and their instrumentalities shall 5,459
be an amount equal to one-half of the regular benefits chargeable 5,460
to their accounts on such claim. If regular benefits were 5,461
chargeable to the mutualized account, in lieu of an employer's 5,462
account, then the extended benefits which are based on such prior 5,463
mutualized benefits shall also be charged to the mutualized 5,464
account.
(c) As extended benefits are paid to eligible individuals: 5,466
(i) One-half of such benefits will be charged to an 5,468
extended benefit account to which reimbursement payments of 5,469
one-half of extended benefits, received from the federal 5,470
government as described in division (J) of this section, will be 5,471
credited; and 5,472
(ii) One-half of the extended benefits shall be charged to 5,474
the accounts of base period employers and the mutualized account 5,475
in the same sequence as was provided for on the regular claim; or 5,476
(iii) The full amount of extended benefits shall be 5,478
charged to the accounts of the state and its instrumentalities, 5,479
and its political subdivisions and their instrumentalities. 5,480
Employers making payments in lieu of contributions shall be 5,481
charged in accordance with division (B)(1) of section 4141.241 of 5,482
the Revised Code. 5,483
(d) If the application for extended benefits is 5,485
disallowed, a determination shall be issued to the claimant, 5,486
which determination shall set forth the reasons for the 5,487
disallowance. Determinations issued under this division, whether 5,488
allowed or disallowed, shall be subject to reconsideration and 5,489
appeal in accordance with section 4141.28 of the Revised Code. 5,490
(2) Any additional or continued claims, as described in 5,492
division (F) of section 4141.01 of the Revised Code, filed by an 5,493
individual at the beginning of, or during, his THE INDIVIDUAL'S 5,494
extended benefit period shall be determined under division (D) of 5,496
section 4141.28 of the Revised Code, and such determination shall 5,497
133
be subject to reconsideration and appeal in accordance with 5,498
section 4141.28 of the Revised Code. 5,499
(I) Notwithstanding division (B) of this section, payment 5,501
of extended benefits under this section shall not be made to any 5,502
individual for any week of unemployment in his THE INDIVIDUAL'S 5,503
eligibility period during which he THE INDIVIDUAL fails to accept 5,505
any offer of suitable work, as defined in division (I)(2) of this 5,507
section, or fails to apply for any suitable work to which he THE 5,508
INDIVIDUAL was referred by the administrator, or fails to 5,510
actively engage in seeking work, as prescribed in division (I)(4) 5,511
of this section.
(1) If any individual is ineligible for extended benefits 5,513
for any week by reason of a failure described in this division, 5,514
the individual shall be ineligible to receive extended benefits 5,515
beginning with the week in which the failure occurred and 5,516
continuing until the individual has been employed during each of 5,517
four subsequent weeks and the total remuneration earned by the 5,518
individual for this employment is equal to or more than four 5,519
times the individual's weekly extended benefit amount, and has 5,520
met all other eligibility requirements of this section, in order 5,521
to establish entitlement to extended benefits. 5,522
(2) For purposes of this section, the term "suitable work" 5,524
means, with respect to an individual, any work which is within 5,525
the individual's capabilities, provided that with respect to the 5,526
position all of the following requirements are met: 5,527
(a) It offers the individual gross average weekly 5,529
remuneration of more than the sum of: 5,530
(i) The individual's extended weekly benefit amount; and 5,532
(ii) The amount of supplemental unemployment compensation 5,534
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,535
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,536
the individual for the week of unemployment. 5,537
(b) It pays equal to or more than the higher of: 5,539
(i) The minimum wage provided by section 6(a)(1) of the 5,541
134
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,542
206, without regard to any exemption; or 5,543
(ii) Any applicable state or local minimum wage. 5,545
(c) It is offered to the individual in writing or is 5,547
listed with the employment office maintained or designated by the 5,548
bureau of employment services. 5,549
(3) Extended benefits shall not be denied under this 5,551
division to any individual for any week by reason of a failure to 5,552
accept an offer of, or apply for suitable work if either of the 5,553
following conditions apply: 5,554
(a) The failure would not result in a denial of benefits 5,556
to a regular benefit claimant under section 4141.29 of the 5,557
Revised Code to the extent that section 4141.29 of the Revised 5,558
Code is not inconsistent with division (I)(2) of this section; 5,559
(b) The individual furnishes evidence satisfactory to the 5,561
administrator that the individual's prospects for obtaining work 5,562
in his THE INDIVIDUAL'S customary occupation within a reasonably 5,563
short period are good. If the evidence is deemed satisfactory, 5,565
the determination as to whether any work is suitable work with 5,566
respect to this individual and whether the individual is 5,567
ineligible or disqualified shall be based upon the meaning of 5,568
"suitable work" and other provisions in section 4141.29 of the 5,569
Revised Code.
(4) For purposes of this section, an individual shall be 5,571
treated as actively engaged in seeking work during any week if: 5,572
(a) The individual has engaged in a systematic and 5,574
sustained effort to obtain work during that week; and 5,575
(b) The individual provides tangible evidence to the 5,577
administrator that he THE INDIVIDUAL has engaged in the effort 5,578
during that week. 5,579
(5) The administrator shall refer applicants for extended 5,581
benefits to job openings that meet the requirements of divisions 5,582
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,583
case of applicants whose prospects are determined not to be good 5,584
135
under division (I)(3)(b) of this section to any suitable work 5,585
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,586
section. 5,587
(6) Individuals denied extended or regular benefits under 5,589
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,590
of being given a disciplinary layoff for misconduct must, after 5,591
the date of disqualification, work the length of time and earn 5,592
the amount of remuneration specified in division (I)(1) of this 5,593
section, and meet all other eligibility requirements of this 5,594
section, in order to establish entitlement to extended benefits. 5,595
(J) All payments of extended benefits made pursuant to 5,597
this section shall be paid out of the unemployment compensation 5,598
fund, provided by section 4141.09 of the Revised Code, and all 5,599
payments of the federal share of extended benefits that are 5,600
received as reimbursements under section 204 of the 5,601
"Federal-State Extended Unemployment Compensation Act of 1970," 5,602
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,603
unemployment compensation fund and shall be credited to the 5,604
extended benefit account established by division (G) of this 5,605
section. Any refund of extended benefits, because of prior 5,606
overpayment of such benefits, may be made from the unemployment 5,607
compensation fund. 5,608
(K) In the administration of the provisions of this 5,610
section which are enacted to conform with the requirements of the 5,611
"Federal-State Extended Unemployment Compensation Act of 1970," 5,612
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,613
action consistent with state law, as may be necessary: 5,614
(1) To ensure that the provisions are so interpreted and 5,616
applied as to meet the requirements of the federal act as 5,617
interpreted by the United States department of labor; and 5,618
(2) To secure to this state the full reimbursement of the 5,620
federal share of extended benefits paid under this section that 5,621
are reimbursable under the federal act. 5,622
Sec. 4141.312. Notwithstanding sections 4141.31 and 5,631
136
4141.311 of the Revised Code, and to the extent that the 5,632
following provisions are required as a condition for full tax 5,633
credit against the tax imposed by the "Federal Unemployment Tax 5,634
Act of 1976," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, then the 5,636
following conditions shall apply: 5,637
(A) The amount of benefits payable to a claimant for any 5,639
week with respect to which the claimant is receiving a 5,640
governmental or other pension, retirement or retired pay, annuity 5,641
or any other similar periodic payment which is based on the 5,642
previous work of the individual, shall, to the extent required by 5,643
such federal act, be reduced by an amount equal to the amount of 5,644
the pension, retirement or retired pay, annuity or other payment 5,645
which is reasonably attributable to that week. 5,646
(B) The amount of any disability pension, allowance, or 5,648
payment paid to former members of the armed forces of the United 5,649
States which is based on the nature and extent of the disability 5,650
rather than a prior period of employment or service, shall not 5,651
reduce or be deducted from the weekly benefits payable. 5,652
Sec. 4141.33. (A) "Seasonal employment" means employment 5,662
of individuals hired primarily to perform services in an industry 5,663
which because of climatic conditions or because of the seasonal 5,664
nature of such industry it is customary to operate only during 5,665
regularly recurring periods of forty weeks or less in any 5,666
consecutive fifty-two weeks. "Seasonal employer" means an 5,667
employer determined by the administrator of the bureau of 5,668
employment services to be an employer whose operations and 5,669
business, with the exception of certain administrative and 5,670
maintenance operations, are substantially all in a seasonal 5,671
industry. Any employer who claims to have seasonal employment in 5,672
a seasonal industry may file with the administrator a written 5,673
application for classification of such employment as seasonal. 5,674
Whenever in any industry it is customary to operate because of 5,675
climatic conditions or because of the seasonal nature of such 5,676
industry only during regularly recurring periods of forty weeks 5,677
137
or less duration, benefits shall be payable only during the 5,678
longest seasonal periods which the best practice of such industry 5,679
will reasonably permit. The administrator shall determine, after 5,680
investigation, hearing, and due notice, whether the industry is 5,681
seasonal and, if seasonal, establish seasonal periods for such 5,682
seasonal employer. Until such determination by the 5,683
administrator, no industry or employment shall be deemed 5,684
seasonal. 5,685
(B) When the administrator has determined such seasonal 5,687
periods, he shall also establish the proportionate number of 5,690
weeks of employment and earnings required to qualify for seasonal 5,691
benefit rights in place of the weeks of employment and earnings 5,692
requirement stipulated in division (R) of section 4141.01 and 5,693
section 4141.30 of the Revised Code, and the proportionate number 5,694
of weeks for which seasonal benefits may be paid. An individual 5,695
whose base period employment consists of only seasonal employment 5,696
for a single seasonal employer and who meets the employment and 5,697
earnings requirements determined by the administrator pursuant to 5,698
this division will have his benefit rights determined in 5,699
accordance with this division. Benefit charges for such seasonal 5,700
employment shall be computed and charged in accordance with 5,701
division (D) of section 4141.24 of the Revised Code. The 5,702
administrator may adopt rules for implementation of this section. 5,703
(C) An individual whose base period employment consists of 5,705
either seasonal employment with two or more seasonal employers or 5,706
both seasonal employment and nonseasonal employment with 5,707
employers subject to this chapter, will have his benefit rights 5,708
determined in accordance with division (R) of section 4141.01 and 5,709
section 4141.30 of the Revised Code. Benefit charges for both 5,710
seasonal and nonseasonal employment shall be computed and charged 5,711
in accordance with division (D) of section 4141.24 of the Revised 5,712
Code, except that benefit charges for weeks of unemployment that 5,713
occurred outside a seasonal employer's seasonal period, as 5,714
determined by the administrator pursuant to division (A) of this 5,715
138
section, shall not be charged to the account of that seasonal 5,716
employer but shall instead be charged to the mutualized account 5,717
established pursuant to division (D) of section 4141.25 of the 5,719
Revised Code. The total seasonal and nonseasonal benefits during 5,720
a benefit year cannot exceed twenty-six times the weekly benefit 5,721
amount. 5,722
(D) Benefits shall not be paid to any individual on the 5,724
basis of any services, substantially all of which consist of 5,725
participating in sports or athletic events or training or 5,726
preparing to so participate, for any week which commences during 5,727
the period between two successive sport seasons, or similar 5,728
periods, if the individual performed services in the first of the 5,729
seasons, or similar periods, and there is a reasonable assurance 5,730
that the individual will perform services in the later of the 5,731
seasons, or similar periods. 5,732
(1) The term "reasonable assurance" as used in this 5,734
division means a written, verbal, or implied agreement that the 5,736
individual will perform services in the same or similar capacity 5,737
during the ensuing sports season. 5,738
(2) The administrator shall adopt rules concerning the 5,740
eligibility for benefits of individuals under this division. 5,741
(D) Notwithstanding division (A) of this section, the Ohio 5,744
expositions commission is a "seasonal employer" for purposes of 5,745
this chapter.
Sec. 4141.35. (A) If the administrator of the bureau of 5,754
employment services finds that any fraudulent misrepresentation 5,755
has been made by an applicant for or a recipient of benefits with 5,756
the object of obtaining benefits to which he THE APPLICANT OR 5,757
RECIPIENT was not entitled, and in addition to any other penalty 5,759
or forfeiture under this chapter, then the administrator: 5,760
(1) Shall within four years after the end of the benefit 5,762
year in which the fraudulent misrepresentation was made reject or 5,763
cancel such person's entire weekly claim for benefits that was 5,764
fraudulently claimed, or his THE PERSON'S entire benefit rights 5,765
139
if the misrepresentation was in connection with the filing of the 5,767
claimant's application for determination of benefit rights; 5,768
(2) Shall by order declare that, for each application for 5,770
benefit rights and for each weekly claim canceled, such person 5,771
shall be ineligible for two otherwise valid weekly claims for 5,772
benefits, claimed within six years subsequent to the discovery of 5,773
such misrepresentation; 5,774
(3) Shall by BY order SHALL require that the total amount 5,777
of benefits rejected or canceled under division (A)(1) of this 5,778
section be repaid to the bureau of employment services before 5,779
such person may become eligible for further benefits, and shall 5,780
withhold such unpaid sums from future benefit payments accruing 5,781
and otherwise payable to such claimant. Effective with orders 5,782
issued on or after January 1, 1993, if such benefits are not 5,783
repaid within thirty days after the administrator's order becomes 5,784
final, interest on the amount remaining unpaid shall be charged 5,785
to the person at a rate and calculated in the same manner as 5,786
provided under section 4141.23 of the Revised Code. When a 5,787
person ordered to repay benefits has repaid all overpaid benefits 5,788
according to a plan approved by the administrator, the 5,789
administrator may cancel the amount of interest that accrued 5,790
during the period of the repayment plan. The administrator may 5,791
take action in the courts of this state to collect benefits and 5,792
interest as provided in sections 4141.23 and 4141.27 of the 5,793
Revised Code, in regard to the collection of unpaid 5,794
contributions, using the final repayment order as the basis for 5,795
such action. No administrative or legal proceedings for the 5,796
collection of such benefits or interest due shall be initiated 5,797
after the expiration of six years from the date on which the 5,798
administrator's order requiring repayment became final and the 5,799
amount of any benefits or interest not recovered at that time, 5,800
and any liens thereon, shall be canceled as uncollectible. 5,801
(4) May take action to collect benefits fraudulently 5,803
obtained under the unemployment compensation law of any other 5,804
140
state or the United States or Canada. Such action may be 5,805
initiated in the courts of this state in the same manner as 5,806
provided for unpaid contributions in section 4141.41 of the 5,807
Revised Code. 5,808
(5) May take action to collect benefits that have been 5,810
fraudulently obtained from the bureau, interest pursuant to 5,811
division (A)(3) of this section, and court costs, through 5,812
attachment proceedings under Chapter 2715. of the Revised Code 5,813
and garnishment proceedings under Chapter 2716. of the Revised 5,814
Code. 5,815
(B) If the administrator finds that an applicant for 5,817
benefits has been credited with a waiting period or paid benefits 5,818
to which the applicant was not entitled for reasons other than 5,819
fraudulent misrepresentation, the administrator shall: 5,821
(1)(a) Within six months after the determination under 5,824
which the claimant was credited with that waiting period or paid 5,825
benefits becomes final pursuant to section 4141.28 of the Revised 5,826
Code, or within three years after the end of the benefit year in 5,827
which such benefits were claimed, whichever is later, by order 5,828
cancel such waiting period and require that such benefits be 5,829
repaid to the bureau of employment services or be withheld from 5,830
any benefits to which such applicant is or may become entitled 5,831
before any additional benefits are paid, provided that the 5,832
repayment or withholding shall not be required where the 5,833
overpayment is the result of the administrator's correcting or 5,834
amending a prior decision due to a typographical or clerical 5,835
error in the administrator's prior decision, or an error in an 5,836
employer's report under division (G)(2) of section 4141.28 of the 5,837
Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 5,839
section shall not apply to cases involving the retroactive 5,840
payment of remuneration covering periods for which benefits were 5,841
previously paid to the claimant. However, in such cases, the 5,842
administrator's order requiring repayment shall not be issued 5,843
141
unless the administrator is notified of such retroactive payment 5,844
within six months from the date the retroactive payment was made 5,845
to the claimant. 5,846
(2) The administrator may, by reciprocal agreement with 5,848
the United States secretary of labor or another state, recover 5,849
overpayment amounts from unemployment benefits otherwise payable 5,850
to an individual under Chapter 4141. of the Revised Code. Any 5,851
overpayments made to the individual that have not previously been 5,852
recovered under an unemployment benefit program of the United 5,853
States may be recovered in accordance with section 303(g) of the 5,854
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 5,855
"Federal Unemployment Tax Act," Pub. L. 99-272 53 STAT. 183 5,857
(1939), 26 U.S.C.A. 3301 TO 3311.
(3) If the amounts required to be repaid under division 5,859
(B) of this section are not recovered within three years from the 5,860
date the administrator's order requiring payment became final, 5,861
initiate no further action to collect such benefits and the 5,862
amount of any benefits not recovered at that time shall be 5,863
canceled as uncollectible. 5,864
(C) The reconsideration and appeal provisions of section 5,866
4141.28 of the Revised Code shall apply to all orders and 5,867
determinations issued under this section, except that an 5,868
individual's right of appeal under division (B)(2) of this 5,869
section shall be limited to this state's authority to recover 5,870
overpayment of benefits. 5,871
(D) If an individual makes a full repayment or a repayment 5,873
that is less than the full amount required by this section, the 5,874
administrator shall apply the repayment to the mutualized account 5,875
under division (D)(B) of section 4141.25 of the Revised Code, 5,876
except that the administrator shall credit the repayment to the 5,878
accounts of the individual's base period employers that 5,879
previously have not been credited for the amount of improperly 5,880
paid benefits charged against their accounts based on the 5,881
proportion of benefits charged against the accounts as determined 5,882
142
pursuant to division (D) of section 4141.24 and division (B) or 5,883
(C) of section 4141.33 of the Revised Code. 5,884
The administrator shall deposit any repayment collected 5,886
under this section that the administrator determines to be 5,887
payment of interest or court costs into the unemployment 5,889
compensation special administrative fund established pursuant to 5,890
section 4141.11 of the Revised Code. 5,891
Sec. 4141.43. (A) The administrator of the bureau of 5,902
employment services may cooperate with the industrial commission, 5,903
the bureau of workers' compensation, the United States internal 5,905
revenue service, the United States employment service, the 5,906
department of human services, and other similar departments and 5,907
agencies, as determined by the administrator, in the exchange or 5,908
disclosure of information as to wages, employment, payrolls, 5,909
unemployment, and other information. The administrator may 5,910
employ, jointly with one or more of such agencies or departments, 5,911
auditors, examiners, inspectors, and other employees necessary 5,912
for the administration of this chapter and employment and 5,913
training services for workers in the state. 5,914
(B) The administrator may make the state's record relating 5,916
to the administration of this chapter available to the railroad 5,917
retirement board and may furnish the board at the board's expense 5,918
such copies thereof as the board deems necessary for its 5,919
purposes. 5,920
(C) The administrator may afford reasonable cooperation 5,922
with every agency of the United States charged with the 5,923
administration of any unemployment compensation law. 5,924
(D) The administrator may enter into arrangements with the 5,926
appropriate agencies of other states or of the United States or 5,927
Canada whereby individuals performing services in this and other 5,928
states for a single employer under circumstances not specifically 5,929
provided for in division (B) of section 4141.01 of the Revised 5,930
Code or in similar provisions in the unemployment compensation 5,931
laws of such other states shall be deemed to be engaged in 5,932
143
employment performed entirely within this state or within one of 5,933
such other states or within Canada, and whereby potential rights 5,934
to benefits accumulated under the unemployment compensation laws 5,935
of several states or under such a law of the United States, or 5,936
both, or of Canada may constitute the basis for the payment of 5,937
benefits through a single appropriate agency under terms that the 5,938
administrator finds will be fair and reasonable as to all 5,939
affected interests and will not result in any substantial loss to 5,940
the unemployment compensation fund. 5,941
(E) The administrator may enter into agreements with the 5,943
appropriate agencies of other states or of the United States or 5,944
Canada: 5,945
(1) Whereby services or wages upon the basis of which an 5,947
individual may become entitled to benefits under the unemployment 5,948
compensation law of another state or of the United States or 5,949
Canada shall be deemed to be employment or wages for employment 5,950
by employers for the purposes of qualifying claimants for 5,951
benefits under this chapter, and the administrator may estimate 5,952
the number of weeks of employment represented by the wages 5,953
reported to the administrator for such claimants by such other 5,954
agency, provided such other state agency or agency of the United 5,956
States or Canada has agreed to reimburse the unemployment 5,957
compensation fund for such portion of benefits paid under this 5,958
chapter upon the basis of such services or wages as the 5,959
administrator finds will be fair and reasonable as to all 5,960
affected interests;
(2) Whereby the administrator will reimburse other state 5,962
or federal or Canadian agencies charged with the administration 5,963
of unemployment compensation laws with such reasonable portion of 5,964
benefits, paid under the law of such other states or of the 5,965
United States or of Canada upon the basis of employment or wages 5,966
for employment by employers, as the administrator finds will be 5,967
fair and reasonable as to all affected interests. Reimbursements 5,968
so payable shall be deemed to be benefits for the purpose of 5,969
144
section 4141.09 and division (A) of section 4141.30 of the 5,970
Revised Code. However, no reimbursement so payable shall be 5,971
charged against any employer's account for the purposes of 5,972
section 4141.24 of the Revised Code if the employer's account, 5,973
under the same or similar circumstances, with respect to benefits 5,974
charged under the provisions of this chapter, other than this 5,976
section, would not be charged or, if the claimant at the time the 5,977
claimant files the combined wage claim cannot establish benefit 5,978
rights under this chapter. This noncharging shall not be 5,979
applicable to a nonprofit organization that has elected to make 5,980
payments in lieu of contributions under section 4141.241 of the 5,981
Revised Code, except as provided in division (C)(D)(2) of section 5,983
4141.33 4141.24 of the Revised Code. The administrator may make 5,985
to other state or federal or Canadian agencies and receive from 5,986
such other state or federal or Canadian agencies reimbursements 5,987
from or to the unemployment compensation fund, in accordance with 5,988
arrangements pursuant to this section. 5,989
(3) Notwithstanding division (B)(2)(f) of section 4141.01 5,991
of the Revised Code, the administrator may enter into agreements 5,992
with other states whereby services performed for a crew leader, 5,993
as defined in division (BB) of section 4141.01 of the Revised 5,994
Code, may be covered in the state in which the crew leader 5,995
either: 5,996
(a) Has his or her THE CREW LEADER'S place of business or 5,998
from which his or her THE CREW LEADER'S business is operated or 6,000
controlled;
(b) Has his or her residence RESIDES if he or she THE CREW 6,003
LEADER has no place of business in any state. 6,004
(F) The administrator may apply for an advance to the 6,006
unemployment compensation fund and do all things necessary or 6,007
required to obtain such advance and arrange for the repayment of 6,008
such advance in accordance with Title XII of the "Social Security 6,009
Act" as amended. 6,010
(G) The administrator may enter into reciprocal agreements 6,012
145
or arrangements with the appropriate agencies of other states in 6,013
regard to services on vessels engaged in interstate or foreign 6,014
commerce whereby such services for a single employer, wherever 6,015
performed, shall be deemed performed within this state or within 6,016
such other states. 6,017
(H) The administrator shall participate in any 6,019
arrangements for the payment of compensation on the basis of 6,020
combining an individual's wages and employment, covered under 6,021
this chapter, with the individual's wages and employment covered 6,022
under the unemployment compensation laws of other states which 6,024
are approved by the United States secretary of labor in 6,025
consultation with the state unemployment compensation agencies as 6,026
reasonably calculated to assure the prompt and full payment of 6,027
compensation in such situations and which include provisions for: 6,028
(1) Applying the base period of a single state law to a 6,030
claim involving the combining of an individual's wages and 6,031
employment covered under two or more state unemployment 6,032
compensation laws, and 6,033
(2) Avoiding the duplicate use of wages and employment by 6,035
reason of such combining. 6,036
(I) The administrator shall cooperate with the United 6,038
States department of labor to the fullest extent consistent with 6,039
this chapter, and shall take such action, through the adoption of 6,040
appropriate rules, regulations, and administrative methods and 6,041
standards, as may be necessary to secure to this state and its 6,042
citizens all advantages available under the provisions of the 6,043
"Social Security Act" that relate to unemployment compensation, 6,044
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,045
U.S.C.A. 3301 TO 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,047
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,048
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306. 6,049
Section 2. That existing sections 2743.55, 4141.01, 6,051
4141.05, 4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 6,052
4141.21, 4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 6,054
146
4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, and
4141.43 and sections 4141.043 and 4141.251 of the Revised Code 6,057
are hereby repealed.
Section 3. Section 4141.29 of the Revised Code is 6,059
presented in this act as a composite of the section as amended by 6,060
both Am. Sub. H.B. 571 and S.B. 303 of the 120th General 6,061
Assembly, with the new language of neither of the acts shown in 6,062
capital letters. Section 4141.33 of the Revised Code is 6,063
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 152 and Sub. S.B. 154 of the 120th General 6,064
Assembly, with the new language of neither of the acts shown in 6,065
capital letters. Section 4141.43 of the Revised Code is 6,066
presented in this act as a composite of the section as amended by 6,067
both Am. Sub. S.B. 162 and Am. Sub. H.B. 275 of the 121st General 6,068
Assembly, with the new language of neither of the acts shown in 6,070
capital letters. This is in recognition of the principle stated 6,071
in division (B) of section 1.52 of the Revised Code that such 6,072
amendments are to be harmonized where not substantively 6,073
irreconcilable and constitutes a legislative finding that such is 6,074
the resulting version in effect prior to the effective date of 6,075
this act.