As Reported by the Senate Insurance, 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-MOTTLEY-SAWYER-REID- 9
GRENDELL-JOHNSON-MEAD-PATTON-LEWIS-COLONNA-VERICH- 10
SENATORS DIX-CUPP 11
13
A B I L L
To amend sections 2743.55, 4141.01, 4141.05, 15
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 16
4141.20, 4141.21, 4141.22, 4141.24, 4141.241, 17
4141.25, 4141.26, 4141.28, 4141.29, 4141.291, 18
4141.301, 4141.312, 4141.33, 4141.35, 4141.43, 19
and 4582.31 and to repeal sections 4141.043 and 21
4141.251 of the Revised Code to make changes in 23
the determination of benefits by the 24
Administrator of the Bureau of Employment
Services, to make changes in the appeals process 25
for unemployment compensation claims, to clarify 27
when an employer receives an experience-rated 28
unemployment tax rate, to change the notice 29
requirements for employers, to modify the 31
provisions regarding seasonal employment, to 32
permit the Bureau to charge the mutualized
account when there is no other account to which 33
benefits may be charged, to specify that all 34
information maintained by the Administrator is 36
confidential, to authorize the acceptance of
reports required from employers and unemployment 37
claims from claimants by electronic means, to 39
delete the calendar year 1990 costs of automation 40
surcharge on all employers, to provide that the 41
Bureau receives legal process in child support 42
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enforcement matters rather than the Department of 43
Human Services, to include limited liability 44
companies in the definition of "employer," to 46
change the definition of independent contractor, 47
to make conforming changes in response to changes 49
in the Federal Unemployment Tax Act, to make
other changes in the Unemployment Compensation 50
Law, to permit specified port authorities to 52
apply to the appropriate authority of the United
States to make modifications relative to foreign 53
trade zones, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 55
Section 1. That sections 2743.55, 4141.01, 4141.05, 57
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 4141.21, 59
4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 4141.29, 60
4141.291, 4141.301, 4141.312, 4141.33, 4141.35, 4141.43, and
4582.31 of the Revised Code be amended to read as follows: 64
Sec. 2743.55. (A) A single commissioner or a panel of 73
court of claims commissioners shall hear and determine all 74
matters relating to claims for an award of reparations. A claim 75
for an award of reparations shall not be heard and determined 76
until the expiration of the time allowed for the claimant to 77
respond to the attorney general's finding of fact and 78
recommendation for the claim. A single commissioner or a panel 79
of commissioners may order law enforcement officers to provide 80
them with copies of any information or data gathered in the 81
investigation of the criminally injurious conduct that is the 82
basis of any claim to enable the commissioners to determine 83
whether, and the extent to which, a claimant qualifies for an 84
award of reparations. 85
Any reference in sections 2743.51 to 2743.72 of the Revised 87
Code to action by more than a single commissioner means action by 88
a panel of commissioners. A panel shall consist of three 89
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commissioners who may only proceed upon a majority vote. 90
(B) The court of claims commissioners shall sit in 92
Franklin county. A single commissioner or any panel of 93
commissioners, pursuant to rules adopted by the chief justice of 94
the supreme court, may sit and hear claims for an award of 95
reparations at any other location in the state. 96
(C) Each claim for an award of reparations shall be heard 98
by a single commissioner. The commissioner may determine the 99
claim and make an award administratively without a hearing. If a 100
claimant or the attorney general objects to the determination or 101
award made by a single commissioner and files an objection with 102
the clerk within thirty days after journalization of the order of 103
the commissioner, the claim shall be heard by a panel of three 104
commissioners who shall make an award or deny the claim upon a 105
majority vote. 106
(D) If a claimant files a claim for an award of 108
reparations based upon unemployment benefits loss and if the 109
eligibility of the claimant for unemployment benefits is the 110
subject of a request for reconsideration or an appeal that has 111
not been finally determined pursuant to division (Q) of section 112
4141.28 of the Revised Code, a single commissioner or a panel of 113
court of claims commissioners that is hearing the claimant's 114
claim for an award of reparations shall not make a determination 115
of that claim, until after the claimant's eligibility for 116
unemployment benefits pursuant to Chapter 4141. of the Revised 117
Code has been finally determined pursuant to division (Q) of 118
section 4141.28 of the Revised Code. 119
(E) The supreme court may promulgate rules to implement 121
sections 2743.51 to 2743.72 of the Revised Code, which may 122
include rules for the allowance of attorney's fees, the procedure 123
for hearing claims by a single commissioner or by a panel of 124
court of claims commissioners, and the procedure for hearing 125
appeals from decisions of the court of claims commissioners. 126
Sec. 4141.01. As used in this chapter, unless the context 135
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otherwise requires: 136
(A)(1) "Employer" means the state, its instrumentalities, 138
its political subdivisions and their instrumentalities, and any 139
individual or type of organization including any partnership, 140
LIMITED LIABILITY COMPANY, association, trust, estate, 141
joint-stock company, insurance company, or corporation, whether 143
domestic or foreign, or the receiver, trustee in bankruptcy, 144
trustee, or the successor thereof, or the legal representative of 145
a deceased person who subsequent to December 31, 1971, or in the 146
case of political subdivisions or their instrumentalities, 147
subsequent to December 31, 1973: 148
(a) Had in employment at least one individual, or in the 150
case of a nonprofit organization, subsequent to December 31, 151
1973, had not less than four individuals in employment for some 152
portion of a day in each of twenty different calendar weeks, in 153
either the current or the preceding calendar year whether or not 154
the same individual was in employment in each such day; or 155
(b) Except for a nonprofit organization, had paid for 157
service in employment wages of fifteen hundred dollars or more in 158
any calendar quarter in either the current or preceding calendar 159
year; or 160
(c) Had paid, subsequent to December 31, 1977, for 162
employment in domestic service in a local college club, or local 163
chapter of a college fraternity or sorority, cash remuneration of 164
one thousand dollars or more in any calendar quarter in the 165
current calendar year or the preceding calendar year, or had paid 166
subsequent to December 31, 1977, for employment in domestic 167
service in a private home cash remuneration of one thousand 168
dollars in any calendar quarter in the current calendar year or 170
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 172
this section, there shall not be taken into account any wages 173
paid to, or employment of, an individual performing domestic 174
service as described in this division. 175
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(ii) An employer under this division shall not be an 177
employer with respect to wages paid for any services other than 178
domestic service unless the employer is also found to be an 179
employer under division (A)(1)(a), (b), or (d) of this section. 180
(d) As a farm operator or a crew leader subsequent to 182
December 31, 1977, had in employment individuals in agricultural 183
labor; and 184
(i) During any calendar quarter in the current calendar 186
year or the preceding calendar year, paid cash remuneration of 187
twenty thousand dollars or more for the agricultural labor; or 188
(ii) Had at least ten individuals in employment in 190
agricultural labor, not including such labor when performed 191
before January 1, 1980, by an alien AGRICULTURAL WORKERS WHO ARE 192
ALIENS ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL 193
LABOR PURSUANT TO SECTIONS 214(e) AND 101(a)(15)(H) OF THE 195
"IMMIGRATION AND NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 196
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 198
twenty different calendar weeks, in either the current or 199
preceding calendar year whether or not the same individual was in 200
employment in each day; or
(e) Is not otherwise an employer as defined under division 202
(A)(1)(a) or (b) of this section; and 203
(i) For which, within either the current or preceding 205
calendar year, service, except for domestic service in a private 206
home not covered under division (A)(1)(c) of this section, is or 207
was performed with respect to which such employer is liable for 208
any federal tax against which credit may be taken for 209
contributions required to be paid into a state unemployment fund; 210
(ii) Which, as a condition for approval of this chapter 212
for full tax credit against the tax imposed by the "Federal 213
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, is 215
required, pursuant to such act to be an employer under this 216
chapter; or 217
(iii) Who became an employer by election under division 219
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(A)(4) or (5) of this section and for the duration of such 220
election; or 221
(f) In the case of the state, its instrumentalities, its 223
political subdivisions, and their instrumentalities, had in 224
employment, as defined in division (B)(2)(a) of this section, at 225
least one individual; 226
(g) For the purposes of division (A)(1)(a) of this 228
section, if any week includes both the thirty-first day of 229
December and the first day of January, the days of that week 230
before the first day of January shall be considered one calendar 231
week and the days beginning the first day of January another 232
week. 233
(2) Each individual employed to perform or to assist in 235
performing the work of any agent or employee of an employer is 236
employed by such employer for all the purposes of this chapter, 237
whether such individual was hired or paid directly by such 238
employer or by such agent or employee, provided the employer had 239
actual or constructive knowledge of the work. All individuals 240
performing services for an employer of any person in this state 241
who maintains two or more establishments within this state are 242
employed by a single employer for the purposes of this chapter. 243
(3) An employer subject to this chapter within any 245
calendar year is subject to this chapter during the whole of such 246
year and during the next succeeding calendar year. 247
(4) An employer not otherwise subject to this chapter who 249
files with the administrator of the bureau of employment services 250
a written election to become an employer subject to this chapter 252
for not less than two calendar years shall, with the written 253
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 254
employers as of the date stated in such approval, and shall cease 255
to be subject to this chapter as of the first day of January of 256
any calendar year subsequent to such two calendar years only if 257
at least thirty days prior to such first day of January the 258
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employer has filed with the administrator a written notice to 259
that effect.
(5) Any employer for whom services that do not constitute 261
employment are performed may file with the administrator a 262
written election that all such services performed by individuals 263
in the employer's employ in one or more distinct establishments 264
or places of business shall be deemed to constitute employment 265
for all the purposes of this chapter, for not less than two 266
calendar years. Upon written approval of the election by the 267
administrator, such services shall be deemed to constitute 268
employment subject to this chapter from and after the date stated 269
in such approval. Such services shall cease to be employment 270
subject to this chapter as of the first day of January of any 271
calendar year subsequent to such two calendar years only if at 272
least thirty days prior to such first day of January such 273
employer has filed with the administrator a written notice to 274
that effect.
(B)(1) "Employment" means: 276
(a) Service SERVICE performed BY AN INDIVIDUAL for wages 279
REMUNERATION under any contract of hire, written or oral, express 280
or implied, including service performed in interstate commerce 281
and service performed by an officer of a corporation, without 282
regard to whether such service is executive, managerial, or 283
manual in nature, and without regard to whether such officer is a 284
stockholder or a member of the board of directors of the 285
corporation;
(b) Services performed by an individual for remuneration, 287
unless it is shown to the satisfaction of the administrator that 288
such individual: 289
(i) Has HAS been and will continue to be free from control 291
or direction OR CONTROL over the performance of such service, 292
both under a contract of service and in fact; 294
(ii) That such service is outside the usual course of the 296
business for which service is performed; and 297
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(iii) That such individual is customarily engaged in an 299
independently established trade, occupation, profession, or 300
business. THE ADMINISTRATOR SHALL ADOPT RULES TO DEFINE 301
"DIRECTION OR CONTROL." 302
(2) "Employment" includes: 304
(a) Service performed after December 31, 1977, by an 306
individual in the employ of the state or any of its 307
instrumentalities, or any political subdivision thereof or any of 308
its instrumentalities or any instrumentality of more than one of 309
the foregoing or any instrumentality of any of the foregoing and 310
one or more other states or political subdivisions and without 311
regard to divisions (A)(1)(a) and (b) of this section, provided 312
that such service is excluded from employment as defined in the 313
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 314
3306(c)(7) and is not excluded under division (B)(3) of this 315
section; or the services of employees covered by voluntary 316
election, as provided under divisions (A)(4) and (5) of this 317
section; 318
(b) Service performed after December 31, 1971, by an 320
individual in the employ of a religious, charitable, educational, 321
or other organization which is excluded from the term 322
"employment" as defined in the "Federal Unemployment Tax Act," 84 323
Stat. 713, 26 U.S.C.A. 3301 TO 3311, solely by reason of section 325
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 326
division (B)(3) of this section; 327
(c) Domestic service performed after December 31, 1977, 329
for an employer, as provided in division (A)(1)(c) of this 330
section; 331
(d) Agricultural labor performed after December 31, 1977, 333
for a farm operator or a crew leader, as provided in division 334
(A)(1)(d) of this section; 335
(e) Service not covered under division (B)(1)(b) of this 337
section which is performed after December 31, 1971: 338
(i) As an agent-driver or commission-driver engaged in 340
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distributing meat products, vegetable products, fruit products, 341
bakery products, beverages other than milk, laundry, or 342
dry-cleaning services, for the individual's employer or 343
principal; 344
(ii) As a traveling or city salesperson, other than as an 346
agent-driver or commission-driver, engaged on a full-time basis 347
in the solicitation on behalf of and in the transmission to the 349
salesperson's employer or principal except for sideline sales 350
activities on behalf of some other person of orders from 351
wholesalers, retailers, contractors, or operators of hotels, 352
restaurants, or other similar establishments for merchandise for 353
resale, or supplies for use in their business operations, 354
provided that for the purposes of this division (B)(2)(e)(ii) of 355
this section, the services shall be deemed employment if the 356
contract of service contemplates that substantially all of the 357
services are to be performed personally by the individual and 358
that the individual does not have a substantial investment in 359
facilities used in connection with the performance of the 360
services other than in facilities for transportation, and the 361
services are not in the nature of a single transaction that is 362
not a part of a continuing relationship with the person for whom 363
the services are performed. 364
(f) An individual's entire service performed within or 366
both within and without the state if: 367
(i) The service is localized in this state. 369
(ii) The service is not localized in any state, but some 371
of the service is performed in this state and either the base of 372
operations, or if there is no base of operations then the place 373
from which such service is directed or controlled, is in this 374
state or the base of operations or place from which such service 375
is directed or controlled is not in any state in which some part 376
of the service is performed but the individual's residence is in 377
this state. 378
(g) Service not covered under division (B)(2)(f)(ii) of 380
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this section and performed entirely without this state, with 381
respect to no part of which contributions are required and paid 382
under an unemployment compensation law of any other state, the 383
Virgin Islands, Canada, or of the United States, if the 384
individual performing such service is a resident of this state 385
and the administrator of the bureau of employment services 386
approves the election of the employer for whom such services are 387
performed; or, if the individual is not a resident of this state 389
but the place from which the service is directed or controlled is 390
in this state, the entire services of such individual shall be 391
deemed to be employment subject to this chapter, provided service 392
is deemed to be localized within this state if the service is 393
performed entirely within this state or if the service is 394
performed both within and without this state but the service 395
performed without this state is incidental to the individual's 396
service within the state, for example, is temporary or transitory 397
in nature or consists of isolated transactions; 398
(h) Service of an individual who is a citizen of the 400
United States, performed outside the United States except in 401
Canada after December 31, 1971, or the Virgin Islands, after 402
December 31, 1971, and before the first day of January of the 403
year following that in which the United States secretary of labor 404
approves the Virgin Islands law for the first time, in the employ 405
of an American employer, other than service which is "employment" 406
under divisions (B)(2)(f) and (g) of this section or similar 407
provisions of another state's law, if: 408
(i) The employer's principal place of business in the 410
United States is located in this state; 411
(ii) The employer has no place of business in the United 413
States, but the employer is an individual who is a resident of 414
this state; or the employer is a corporation which is organized 415
under the laws of this state, or the employer is a partnership or 416
a trust and the number of partners or trustees who are residents 417
of this state is greater than the number who are residents of any 418
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other state; or 419
(iii) None of the criteria of divisions (B)(2)(f)(i) and 421
(ii) of this section is met but the employer has elected coverage 422
in this state or the employer having failed to elect coverage in 423
any state, the individual has filed a claim for benefits, based 424
on such service, under this chapter. 425
(i) For the purposes of division (B)(2)(h) of this 427
section, the term "American employer" means an employer who is an 428
individual who is a resident of the United States; or a 429
partnership, if two-thirds or more of the partners are residents 430
of the United States; or a trust, if all of the trustees are 431
residents of the United States; or a corporation organized under 432
the laws of the United States or of any state, provided the term 433
"United States" includes the states, the District of Columbia, 434
the Commonwealth of Puerto Rico, and the Virgin Islands. 435
(j) Notwithstanding any other provisions of divisions 437
(B)(1) and (2) of this section, service, except for domestic 438
service in a private home not covered under division (A)(1)(c) of 439
this section, with respect to which a tax is required to be paid 440
under any federal law imposing a tax against which credit may be 441
taken for contributions required to be paid into a state 442
unemployment fund, or service, except for domestic service in a 443
private home not covered under division (A)(1)(c) of this 444
section, which, as a condition for full tax credit against the 445
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 446
26 U.S.C.A. 3301 TO 3311, is required to be covered under this 447
chapter. 448
(k) Construction services performed by any individual 450
under a construction contract, as defined in section 4141.39 of 451
the Revised Code, if the administrator determines that the 452
employer for whom services are performed has the right to direct 454
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 455
services performed. The administrator shall presume that the 456
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employer for whom services are performed has the right to direct 457
or control the performance of the services if ten or more of the 458
following criteria apply:
(i) The employer directs or controls the manner or method 461
by which instructions are given to the individual performing
services; 462
(ii) The employer requires particular training for the 465
individual performing services;
(iii) Services performed by the individual are integrated 468
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 471
particular individual;
(v) The employer hires, supervises, or pays the wages of 474
the individual performing services;
(vi) A continuing relationship between the employer and 477
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 478
(vii) The employer requires the individual to perform 481
services during established hours;
(viii) The employer requires that the individual 483
performing services be devoted on a full-time basis to the 484
business of the employer; 485
(ix) The employer requires the individual to perform 487
services on the employer's premises; 488
(x) The employer requires the individual performing 490
services to follow the order of work established by the employer; 491
(xi) The employer requires the individual performing 493
services to make oral or written reports of progress; 494
(xii) The employer makes payment to the individual for 497
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 499
performing services; 500
(xiv) The employer furnishes the tools and materials for 503
use by the individual to perform services;
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(xv) The individual performing services has not invested 506
in the facilities used to perform services;
(xvi) The individual performing services does not realize 509
a profit or suffer a loss as a result of the performance of the
services; 510
(xvii) The individual performing services is not 512
performing services for more than two employers simultaneously; 513
(xviii) The individual performing services does not make 516
the services available to the general public;
(xix) The employer has a right to discharge the individual 519
performing services;
(xx) The individual performing services has the right to 522
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 523
agreement.
(3) "Employment" does not include the following services 525
if they are found not subject to the "Federal Unemployment Tax 526
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 TO 3311, and if the 528
services are not required to be included under division (B)(2)(j) 529
of this section: 530
(a) Service performed after December 31, 1977, in 532
agricultural labor, except as provided in division (A)(1)(d) of 533
this section; 534
(b) Domestic service performed after December 31, 1977, in 536
a private home, local college club, or local chapter of a college 537
fraternity or sorority except as provided in division (A)(1)(c) 538
of this section; 539
(c) Service performed after December 31, 1977, for this 541
state or a political subdivision as described in division (B)(2) 542
(a) of this section when performed: 543
(i) As a publicly elected official; 545
(ii) As a member of a legislative body, or a member of the 547
judiciary; 548
(iii) As a military member of the Ohio national guard; 550
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(iv) As an employee, not in the classified service as 552
defined in section 124.11 of the Revised Code, serving on a 553
temporary basis in case of fire, storm, snow, earthquake, flood, 554
or similar emergency; 555
(v) In a position which, under or pursuant to law, is 557
designated as a major nontenured policymaking or advisory 558
position, not in the classified service of the state, or a 559
policymaking or advisory position the performance of the duties 560
of which ordinarily does not require more than eight hours per 561
week. 562
(d) In the employ of any governmental unit or 564
instrumentality of the United States; 565
(e) Service performed after December 31, 1971: 567
(i) Service in the employ of an educational institution or 569
institution of higher education, including those operated by the 570
state or a political subdivision, if such service is performed by 571
a student who is enrolled and is regularly attending classes at 572
the educational institution or institution of higher education; 573
or 574
(ii) By an individual who is enrolled at a nonprofit or 576
public educational institution which normally maintains a regular 577
faculty and curriculum and normally has a regularly organized 578
body of students in attendance at the place where its educational 579
activities are carried on as a student in a full-time program, 580
taken for credit at the institution, which combines academic 581
instruction with work experience, if the service is an integral 582
part of the program, and the institution has so certified to the 583
employer, provided that this subdivision shall not apply to 584
service performed in a program established for or on behalf of an 585
employer or group of employers; 586
(f) Service performed by an individual in the employ of 588
the individual's son, daughter, or spouse and service performed 589
by a child under the age of eighteen in the employ of the child's 590
father or mother;
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(g) Service performed for one or more principals by an 592
individual who is compensated on a commission basis, who in the 593
performance of the work is master of the individual's own time 595
and efforts, and whose remuneration is wholly dependent on the 596
amount of effort the individual chooses to expend, and which 597
service is not subject to the "Federal Unemployment Tax Act," 53 598
Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed 599
after December 31, 1971: 600
(i) By an individual for an employer as an insurance agent 602
or as an insurance solicitor, if all this service is performed 603
for remuneration solely by way of commission; 604
(ii) As a home worker performing work, according to 606
specifications furnished by the employer for whom the services 607
are performed, on materials or goods furnished by such employer 608
which are required to be returned to the employer or to a person 609
designated for that purpose. 610
(h) Service performed after December 31, 1971: 612
(i) In the employ of a church or convention or association 614
of churches, or in an organization which is operated primarily 615
for religious purposes and which is operated, supervised, 616
controlled, or principally supported by a church or convention or 617
association of churches; 618
(ii) By a duly ordained, commissioned, or licensed 620
minister of a church in the exercise of the individual's ministry 622
or by a member of a religious order in the exercise of duties 623
required by such order; or 624
(iii) In a facility conducted for the purpose of carrying 626
out a program of rehabilitation for individuals whose earning 627
capacity is impaired by age or physical or mental deficiency or 628
injury, or providing remunerative work for individuals who 629
because of their impaired physical or mental capacity cannot be 630
readily absorbed in the competitive labor market, by an 631
individual receiving such rehabilitation or remunerative work; 632
(i) Service performed after June 30, 1939, with respect to 634
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which unemployment compensation is payable under the "Railroad 635
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 636
(j) Service performed by an individual in the employ of 638
any organization exempt from income tax under section 501 of the 639
"Internal Revenue Code of 1954," if the remuneration for such 640
service does not exceed fifty dollars in any calendar quarter, or 641
if such service is in connection with the collection of dues or 642
premiums for a fraternal beneficial society, order, or 643
association and is performed away from the home office or is 644
ritualistic service in connection with any such society, order, 645
or association; 646
(k) Casual labor not in the course of an employer's trade 648
or business; incidental service performed by an officer, 649
appraiser, or member of a finance committee of a bank, building 650
and loan association, savings and loan association, or savings 651
association when the remuneration for such incidental service 652
exclusive of the amount paid or allotted for directors' fees does 653
not exceed sixty dollars per calendar quarter is casual labor; 654
(l) Service performed in the employ of a voluntary 656
employees' beneficial association providing for the payment of 657
life, sickness, accident, or other benefits to the members of 658
such association or their dependents or their designated 659
beneficiaries, if admission to a membership in such association 660
is limited to individuals who are officers or employees of a 661
municipal or public corporation, of a political subdivision of 662
the state, or of the United States and no part of the net 663
earnings of such association inures, other than through such 664
payments, to the benefit of any private shareholder or 665
individual; 666
(m) Service performed by an individual in the employ of a 668
foreign government, including service as a consular or other 669
officer or employee or of a nondiplomatic representative; 670
(n) Service performed in the employ of an instrumentality 672
wholly owned by a foreign government if the service is of a 673
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character similar to that performed in foreign countries by 674
employees of the United States or of an instrumentality thereof 675
and if the administrator finds that the secretary of state of the 676
United States has certified to the secretary of the treasury of 677
the United States that the foreign government, with respect to 678
whose instrumentality exemption is claimed, grants an equivalent 679
exemption with respect to similar service performed in the 680
foreign country by employees of the United States and of 681
instrumentalities thereof; 682
(o) Service with respect to which unemployment 684
compensation is payable under an unemployment compensation system 685
established by an act of congress; 686
(p) Service performed as a student nurse in the employ of 688
a hospital or a nurses' training school by an individual who is 689
enrolled and is regularly attending classes in a nurses' training 690
school chartered or approved pursuant to state law, and service 691
performed as an intern in the employ of a hospital by an 692
individual who has completed a four years' course in a medical 693
school chartered or approved pursuant to state law; 694
(q) Service performed by an individual under the age of 696
eighteen in the delivery or distribution of newspapers or 697
shopping news, not including delivery or distribution to any 698
point for subsequent delivery or distribution; 699
(r) Service performed in the employ of the United States 701
or an instrumentality of the United States immune under the 702
constitution of the United States from the contributions imposed 703
by this chapter, except that to the extent that congress permits 704
states to require any instrumentalities of the United States to 705
make payments into an unemployment fund under a state 706
unemployment compensation act, this chapter shall be applicable 707
to such instrumentalities and to services performed for such 708
instrumentalities in the same manner, to the same extent, and on 709
the same terms as to all other employers, individuals, and 710
services, provided that if this state is not certified for any 711
18
year by the proper agency of the United States under section 3304 712
of the "Internal Revenue Code of 1954," the payments required of 713
such instrumentalities with respect to such year shall be 714
refunded by the administrator from the fund in the same manner 715
and within the same period as is provided in division (E) of 716
section 4141.09 of the Revised Code with respect to contributions 717
erroneously collected; 718
(s) Service performed by an individual as a member of a 720
band or orchestra, provided such service does not represent the 721
principal occupation of such individual, and which service is not 722
subject to or required to be covered for full tax credit against 723
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 724
183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed after 725
December 31, 1971, for a nonprofit organization, this state or 727
its instrumentalities, or a political subdivision or its 728
instrumentalities, as part of an unemployment work-relief or 729
work-training program assisted or financed in whole or in part by 730
any federal agency or an agency of a state or political 731
subdivision thereof, by an individual receiving the work-relief 732
or work-training. 733
(t) Service performed in the employ of a day camp whose 735
camping season does not exceed twelve weeks in any calendar year, 736
and which service is not subject to the "Federal Unemployment Tax 737
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service 738
performed after December 31, 1971: 740
(i) In the employ of a hospital, if the service is 742
performed by a patient of the hospital, as defined in division 743
(W) of this section; 744
(ii) For a prison or other correctional institution by an 746
inmate of the prison or correctional institution; 747
(iii) Service performed after December 31, 1977, by an 749
inmate of a custodial institution operated by the state, a 750
political subdivision, or a nonprofit organization. 751
(u) SERVICE THAT IS PERFORMED BY A NONRESIDENT ALIEN 754
19
INDIVIDUAL FOR THE PERIOD THE INDIVIDUAL TEMPORARILY IS PRESENT
IN THE UNITED STATES AS A NONIMMIGRANT UNDER DIVISION (F), (J), 756
(M), OR (Q) OF SECTION 101(a)(15) OF THE "IMMIGRATION AND 757
NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 1101, AS AMENDED, THAT 758
IS EXCLUDED UNDER SECTION 3306(c)(19) OF THE "FEDERAL 760
UNEMPLOYMENT TAX ACT," 53 STAT. 183 (1939), 26 U.S.C.A. 3301 TO 761
3311.
(v) Notwithstanding any other provisions of division 763
(B)(3) of this section, services which are excluded under 764
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 765
be excluded from employment when performed for a nonprofit 766
organization, as defined in division (X) of this section or for 767
this state or its instrumentalities, or for a political 768
subdivision or its instrumentalities. 769
(4) If the services performed during one half or more of 771
any pay period by an employee for the person employing that 772
employee constitute employment, all the services of such employee 773
for such period shall be deemed to be employment; but if the 775
services performed during more than one half of any such pay 776
period by an employee for the person employing that employee do 777
not constitute employment, then none of the services of such 779
employee for such period shall be deemed to be employment. As 780
used in division (B)(4) of this section, "pay period" means a 781
period, of not more than thirty-one consecutive days, for which 782
payment of remuneration is ordinarily made to the employee by the 783
person employing that employee. Division (B)(4) of this section 784
does not apply to services performed in a pay period by an 785
employee for the person employing that employee, if any of such 787
service is excepted by division (B)(3)(o) of this section. 789
(C) "Benefits" means money payments payable to an 791
individual who has established benefit rights, as provided in 792
this chapter, for loss of remuneration due to the individual's 793
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 795
20
the maximum benefit amount that may become payable to an 796
individual within the individual's benefit year as determined by 797
the administrator or the administrator's deputy. 798
(E) "Claim for benefits" means a claim for waiting period 800
or benefits for a designated week. 801
(F) "Additional claim" means the first claim for benefits 803
filed following any separation from employment during a benefit 804
year; "continued claim" means any claim other than the first 805
claim for benefits and other than an additional claim. 806
(G)(1) "Wages" means remuneration paid to an employee by 808
each of the employee's employers with respect to employment; 809
except that wages shall not include that part of remuneration 810
paid during any calendar year to an individual by an employer or 811
such employer's predecessor in interest in the same business or 812
enterprise, which in any calendar year is in excess of eight 813
thousand two hundred fifty dollars on and after January 1, 1992; 814
eight thousand five hundred dollars on and after January 1, 1993; 815
eight thousand seven hundred fifty dollars on and after January 816
1, 1994; and nine thousand dollars on and after January 1, 1995. 817
Remuneration in excess of such amounts shall be deemed wages 818
subject to contribution to the same extent that such remuneration 819
is defined as wages under the "Federal Unemployment Compensation 820
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 TO 3311, as 821
amended. The remuneration paid an employee by an employer with 823
respect to employment in another state, upon which contributions 824
were required and paid by such employer under the unemployment 825
compensation act of such other state, shall be included as a part 826
of remuneration in computing the amount specified in this 827
division. 828
(2) Notwithstanding division (G)(1) of this section, if, 830
as of the computation date for any calendar year, the 831
administrator determines that the level of the unemployment 832
compensation fund is sixty per cent or more below the minimum 833
safe level as defined in section 4141.25 of the Revised Code, 834
21
then, effective the first day of January of the following 835
calendar year, wages subject to this chapter shall not include 836
that part of remuneration paid during any calendar year to an 837
individual by an employer or such employer's predecessor in 838
interest in the same business or enterprise which is in excess of 839
nine thousand dollars. The increase in the dollar amount of 840
wages subject to this chapter under this division shall remain in 841
effect from the date of the administrator's determination 842
pursuant to division (G)(2) of this section and thereafter 843
notwithstanding the fact that the level in the fund may 844
subsequently become less than sixty per cent below the minimum 845
safe level. 846
(H)(1) "Remuneration" means all compensation for personal 848
services, including commissions and bonuses and the cash value of 849
all compensation in any medium other than cash, except that in 850
the case of agricultural or domestic service, "remuneration" 851
includes only cash remuneration. Gratuities customarily received 852
by an individual in the course of the individual's employment 853
from persons other than the individual's employer and which are 854
accounted for by such individual to the individual's employer are 855
taxable wages.
The reasonable cash value of compensation paid in any 857
medium other than cash shall be estimated and determined in 858
accordance with rules prescribed by the administrator, provided 859
that "remuneration" does not include: 860
(a) Payments as provided in divisions (b)(2) to (b)(16) of 862
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 863
26 U.S.C.A. 3301 TO 3311, as amended; 864
(b) The payment by an employer, without deduction from the 866
remuneration of the individual in the employer's employ, of the 867
tax imposed upon an individual in the employer's employ under 868
section 3101 of the "Internal Revenue Code of l954," with respect 870
to services performed after October 1, 1941. 871
(2) "Cash remuneration" means all remuneration paid in 873
22
cash, including commissions and bonuses, but not including the 874
cash value of all compensation in any medium other than cash. 875
(I) "Interested party" means the administrator and any 877
party to whom notice of a determination of an application for 878
benefit rights or a claim for benefits is required to be given 879
under section 4141.28 of the Revised Code. 880
(J) "Annual payroll" means the total amount of wages 882
subject to contributions during a twelve-month period ending with 883
the last day of the second calendar quarter of any calendar year. 884
(K) "Average annual payroll" means the average of the last 886
three annual payrolls of an employer, provided that if, as of any 887
computation date, the employer has had less than three annual 888
payrolls in such three-year period, such average shall be based 889
on the annual payrolls which the employer has had as of such 890
date.
(L)(1) "Contributions" means the money payments to the 892
state unemployment compensation fund required of employers by 893
section 4141.25 of the Revised Code and of the state and any of 894
its political subdivisions electing to pay contributions under 895
section 4141.242 of the Revised Code. Employers paying 896
contributions shall be described as "contributory employers." 897
(2) "Payments in lieu of contributions" means the money 899
payments to the state unemployment compensation fund required of 900
reimbursing employers under sections 4141.241 and 4141.242 of the 901
Revised Code. 902
(M) An individual is "totally unemployed" in any week 904
during which the individual performs no services and with respect 905
to such week no remuneration is payable to the individual. 906
(N) An individual is "partially unemployed" in any week 908
if, due to involuntary loss of work, the total remuneration 909
payable to the individual for such week is less than the 910
individual's weekly benefit amount. 911
(O) "Week" means the calendar week ending at midnight 913
Saturday unless an equivalent week of seven consecutive calendar 914
23
days is prescribed by the administrator. 915
(1) "Qualifying week" means any calendar week in an 917
individual's base period with respect to which the individual 918
earns or is paid remuneration in employment subject to this 920
chapter. A calendar week with respect to which an individual 921
earns remuneration but for which payment was not made within the 922
base period may, when necessary to qualify for benefit rights, 923
MAY be considered to be a qualifying week. The number of 924
qualifying weeks which may be established in a calendar quarter 925
shall not exceed the number of calendar weeks in the quarter. 926
(2) "Average weekly wage" means the amount obtained by 928
dividing an individual's total remuneration for all qualifying 929
weeks during the base period by the number of such qualifying 930
weeks, provided that if the computation results in an amount 931
which is not a multiple of one dollar, such amount shall be 932
rounded to the next lower multiple of one dollar. 933
(P) "Weekly benefit amount" means the amount of benefits 935
an individual would be entitled to receive for one week of total 936
unemployment. 937
(Q)(1) "Base period" means the first four of the last five 939
completed calendar quarters immediately preceding the first day 940
of an individual's benefit year, except as provided in division 941
(Q)(2) of this section. 942
(2) If an individual does not have sufficient qualifying 944
weeks and wages in the base period to qualify for benefit rights, 945
the individual's base period shall be the four most recently 946
completed calendar quarters preceding the first day of the 948
individual's benefit year. Such base period shall be known as 949
the "alternate base period." If information as to weeks and 950
wages for the most recent quarter of the alternate base period is 951
not available to the administrator from the regular quarterly 952
reports of wage information, which are systematically accessible, 953
the administrator may, consistent with the provisions of section 954
4141.28 of the Revised Code, base the determination of 955
24
eligibility for benefits on the affidavit of the claimant with 956
respect to weeks and wages for that calendar quarter. The 957
claimant shall furnish payroll documentation, where available, in 958
support of the affidavit. The determination based upon the 959
alternate base period as it relates to the claimant's benefit 960
rights, shall be amended when the quarterly report of wage 961
information from the employer is timely received and that 962
information causes a change in the determination. As provided in 963
division (B)(1)(b) of section 4141.28 of the Revised Code, any 964
benefits paid and charged to an employer's account, based upon a 965
claimant's affidavit, shall be adjusted effective as of the 966
beginning of the claimant's benefit year. No calendar quarter in 967
a base period or alternate base period shall be used to establish 968
a subsequent benefit year. 969
(3) The "base period" of a combined wage claim, as 971
described in division (H) of section 4141.43 of the Revised Code, 972
shall be the base period prescribed by the law of the state in 973
which the claim is allowed. 974
(R) "Benefit year" with respect to an individual means the 976
fifty-two week period beginning with the first day of that week 977
with respect to which the individual first files a valid 978
application for determination of benefit rights, and thereafter 980
the fifty-two week period beginning with the first day of that 981
week with respect to which the individual next files a valid 982
application for determination of benefit rights after the 983
termination of the individual's last preceding benefit year, 984
except that the application shall not be considered valid unless 986
the individual has had employment in six weeks that is subject to 987
this chapter or the unemployment compensation act of another 988
state, or the United States, and has, since the beginning of the 989
individual's previous benefit year, in the employment earned 990
three times the average weekly wage determined for the previous 991
benefit year. The "benefit year" of a combined wage claim, as 992
described in division (H) of section 4141.43 of the Revised Code, 993
25
shall be the benefit year prescribed by the law of the state in 994
which the claim is allowed. Any
EFFECTIVE FOR APPLICATIONS FILED WITH RESPECT TO WEEKS 996
BEGINNING ON OR AFTER OCTOBER 1, 2000, ANY application for 997
determination of benefit rights made in accordance with section 999
4141.28 of the Revised Code is valid if the individual filing 1,000
such application is unemployed, has been employed by an employer 1,001
or employers subject to this chapter, in at least twenty 1,002
qualifying weeks within the individual's base period, and in such 1,004
weeks has earned or been paid remuneration at an average weekly 1,005
wage, beginning on and after January 1, 1992, of not less than 1,006
twenty-seven and one-half per cent of the statewide average
weekly wage FOR SUCH WEEKS, AND THE REASON FOR THE INDIVIDUAL'S 1,007
SEPARATION FROM EMPLOYMENT IS NOT DISQUALIFYING PURSUANT TO 1,008
DIVISION (D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE 1,011
REVISED CODE. A DISQUALIFICATION IMPOSED PURSUANT TO DIVISION 1,014
(D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE REVISED CODE 1,016
MUST BE REMOVED AS PROVIDED IN THOSE SECTIONS AS A REQUIREMENT OF 1,017
ESTABLISHING A VALID APPLICATION FOR BENEFIT RIGHTS. The 1,018
THE statewide average weekly wage shall be calculated by 1,020
the administrator once a year based on the twelve-month period 1,021
ending the thirtieth day of June, as set forth in division (B)(3) 1,023
of section 4141.30 of the Revised Code, rounded down to the 1,024
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 1,025
individuals to have filed valid applications shall become 1,026
effective on Sunday of the calendar week in which the first day 1,027
of January occurs that follows the twelve-month period ending the 1,028
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 1,029
As used in this division, an individual is "unemployed" if, 1,031
with respect to the calendar week in which such application is 1,033
filed, the individual is "partially unemployed" or "totally 1,035
unemployed" as defined in this section or if, prior to filing the 1,036
26
application, the individual was separated from the individual's 1,038
most recent work for any reason which terminated the individual's 1,039
employee-employer relationship, or was laid off indefinitely or 1,040
for a definite period of seven or more days. 1,041
(S) "Calendar quarter" means the period of three 1,043
consecutive calendar months ending on the thirty-first day of 1,044
March, the thirtieth day of June, the thirtieth day of September, 1,045
and the thirty-first day of December, or the equivalent thereof 1,046
as the administrator prescribes by rule. 1,047
(T) "Computation date" means the first day of the third 1,049
calendar quarter of any calendar year. 1,050
(U) "Contribution period" means the calendar year 1,052
beginning on the first day of January of any year. 1,053
(V) "Agricultural labor," for the purpose of this 1,055
division, means any service performed prior to January 1, 1972, 1,056
which was agricultural labor as defined in this division prior to 1,057
that date, and service performed after December 31, 1971: 1,058
(1) On a farm, in the employ of any person, in connection 1,060
with cultivating the soil, or in connection with raising or 1,061
harvesting any agricultural or horticultural commodity, including 1,062
the raising, shearing, feeding, caring for, training, and 1,063
management of livestock, bees, poultry, and fur-bearing animals 1,064
and wildlife; 1,065
(2) In the employ of the owner or tenant or other operator 1,067
of a farm in connection with the operation, management, 1,068
conservation, improvement, or maintenance of such farm and its 1,069
tools and equipment, or in salvaging timber or clearing land of 1,070
brush and other debris left by hurricane, if the major part of 1,071
such service is performed on a farm; 1,072
(3) In connection with the production or harvesting of any 1,074
commodity defined as an agricultural commodity in section 15 (g) 1,075
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 1,076
U.S.C. 1141j, as amended, or in connection with the ginning of 1,077
cotton, or in connection with the operation or maintenance of 1,078
27
ditches, canals, reservoirs, or waterways, not owned or operated 1,079
for profit, used exclusively for supplying and storing water for 1,080
farming purposes; 1,081
(4) In the employ of the operator of a farm in handling, 1,083
planting, drying, packing, packaging, processing, freezing, 1,084
grading, storing, or delivering to storage or to market or to a 1,085
carrier for transportation to market, in its unmanufactured 1,086
state, any agricultural or horticultural commodity, but only if 1,087
the operator produced more than one half of the commodity with 1,088
respect to which such service is performed; 1,089
(5) In the employ of a group of operators of farms, or a 1,091
cooperative organization of which the operators are members, in 1,092
the performance of service described in division (V)(4) of this 1,093
section, but only if the operators produced more than one-half of 1,094
the commodity with respect to which the service is performed; 1,095
(6) Divisions (V)(4) and (5) of this section shall not be 1,097
deemed to be applicable with respect to service performed: 1,098
(a) In connection with commercial canning or commercial 1,100
freezing or in connection with any agricultural or horticultural 1,101
commodity after its delivery to a terminal market for 1,102
distribution for consumption; or 1,103
(b) On a farm operated for profit if the service is not in 1,105
the course of the employer's trade or business. 1,106
As used in division (V) of this section, "farm" includes 1,108
stock, dairy, poultry, fruit, fur-bearing animal, and truck 1,109
farms, plantations, ranches, nurseries, ranges, greenhouses, or 1,110
other similar structures used primarily for the raising of 1,111
agricultural or horticultural commodities and orchards. 1,112
(W) "Hospital" means an institution which has been 1,114
registered or licensed by the Ohio department of health as a 1,115
hospital. 1,116
(X) "Nonprofit organization" means an organization, or 1,118
group of organizations, described in section 501(c)(3) of the 1,119
"Internal Revenue Code of 1954," and exempt from income tax under 1,120
28
section 501(a) of that code. 1,121
(Y) "Institution of higher education" means a public or 1,123
nonprofit educational institution which: 1,124
(1) Admits as regular students only individuals having a 1,126
certificate of graduation from a high school, or the recognized 1,127
equivalent; 1,128
(2) Is legally authorized in this state to provide a 1,130
program of education beyond high school; and 1,131
(3) Provides an educational program for which it awards a 1,133
bachelor's or higher degree, or provides a program which is 1,134
acceptable for full credit toward such a degree, a program of 1,135
post-graduate or post-doctoral studies, or a program of training 1,136
to prepare students for gainful employment in a recognized 1,137
occupation. 1,138
For the purposes of this division, all colleges and 1,140
universities in this state are institutions of higher education. 1,141
(Z) For the purposes of this chapter, "states" includes 1,143
the District of Columbia, the Commonwealth of Puerto Rico, and 1,144
the Virgin Islands. 1,145
(AA) "Alien" means, for the purposes of division (A)(1)(d) 1,147
of this section, an individual who is an alien admitted to the 1,148
United States to perform service in agricultural labor pursuant 1,149
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 1,150
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 1,151
(BB)(1) "Crew leader" means an individual who furnishes 1,153
individuals to perform agricultural labor for any other employer 1,154
or farm operator, and: 1,155
(a) Pays, either on the individual's own behalf or on 1,158
behalf of the other employer or farm operator, the individuals so 1,160
furnished by the individual for the service in agricultural labor 1,161
performed by them; 1,162
(b) Has not entered into a written agreement with the 1,164
other employer or farm operator under which the agricultural 1,165
worker is designated as in the employ of the other employer or 1,166
29
farm operator. 1,167
(2) For the purposes of this chapter, any individual who 1,169
is a member of a crew furnished by a crew leader to perform 1,170
service in agricultural labor for any other employer or farm 1,171
operator shall be treated as an employee of the crew leader if: 1,172
(a) The crew leader holds a valid certificate of 1,174
registration under the "Farm Labor Contractor Registration Act of 1,175
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 1,176
(b) Substantially all the members of the crew operate or 1,178
maintain tractors, mechanized harvesting or crop-dusting 1,179
equipment, or any other mechanized equipment, which is provided 1,180
by the crew leader; and 1,181
(c) If the individual is not in the employment of the 1,183
other employer or farm operator within the meaning of division 1,184
(B)(1) of this section. 1,185
(3) For the purposes of this division, any individual who 1,187
is furnished by a crew leader to perform service in agricultural 1,188
labor for any other employer or farm operator and who is not 1,189
treated as in the employment of the crew leader under division 1,190
(BB)(2) of this section shall be treated as the employee of the 1,191
other employer or farm operator and not of the crew leader. The 1,192
other employer or farm operator shall be treated as having paid 1,193
cash remuneration to the individual in an amount equal to the 1,194
amount of cash remuneration paid to the individual by the crew 1,195
leader, either on the crew leader's own behalf or on behalf of 1,196
the other employer or farm operator, for the service in 1,197
agricultural labor performed for the other employer or farm 1,198
operator.
(CC) "Educational institution" means an institution other 1,200
than an institution of higher education as defined in division 1,201
(Y) of this section which: 1,202
(1) Offers participants, trainees, or students an 1,204
organized course of study or training designed to transfer to 1,205
them knowledge, skills, information, doctrines, attitudes, or 1,206
30
abilities from, by, or under the guidance of an instructor or 1,207
teacher; and 1,208
(2) Is approved, chartered, or issued a permit to operate 1,210
as a school by the state board of education or other government 1,211
agency that is authorized within the state to approve, charter, 1,212
or issue a permit for the operation of a school. 1,213
For the purposes of this division, the courses of study or 1,215
training which the institution offers may be academic, technical, 1,216
trade, or preparation for gainful employment in a recognized 1,217
occupation. 1,218
Sec. 4141.05. The administrator of the bureau of 1,227
employment services shall establish a division of research and 1,228
statistics LABOR MARKET INFORMATION. The head of the division 1,229
shall be known as the "director of the division of research and 1,230
statistics LABOR MARKET INFORMATION." The director may not be 1,231
removed without the consent of the advisory council, nor may the 1,233
duties of his office be altered, suspended, or abolished without
the consent of the council. 1,234
Sec. 4141.06. There is hereby created an unemployment 1,243
compensation review commission consisting of three full-time 1,244
members appointed by the governor, with the advice and consent of 1,245
the senate. Terms of office shall be STAGGERED AND SHALL BE for 1,246
six years, commencing on the twenty-eighth day of February and 1,248
ending on the twenty-seventh day of February, except that upon 1,249
expiration of the term ending November 5, 1975, the new term 1,250
which succeeds it shall commence on November 6, 1975, and end on 1,251
February 27, 1981; and upon expiration of the term ending August 1,252
31, 1977, the new term which succeeds it shall commence on 1,253
September 1, 1977, and end on February 27, 1983. Each member 1,254
shall hold office from the date of appointment until the end of 1,255
the term for which the member was appointed. Any member 1,256
appointed to fill a vacancy occurring prior to the expiration of 1,257
the term for which the member's predecessor was appointed shall 1,258
hold office for the remainder of such term. Any member shall 1,259
31
continue in office subsequent to the expiration date of the 1,260
member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The 1,261
chairperson of the commission and each member shall be paid a 1,262
salary fixed pursuant to section 124.14 of the Revised Code from 1,263
the unemployment compensation administration fund. The governor 1,264
may, at any time, MAY remove any member for inefficiency, neglect 1,265
of duty, malfeasance, misfeasance, or nonfeasance in office. 1,266
Not more than one of the appointees to the commission shall 1,268
be a person who, on account of the appointee's previous vocation, 1,269
employment, or affiliations, can be classed as a representative 1,270
of employers, and not more than one of the appointees shall be a 1,271
person who, on account of the appointee's previous vocation, 1,272
employment, or affiliations, can be classed as a representative 1,273
of employees. Not more than two of the members of the commission 1,274
shall belong to the same political party. No member of the 1,275
commission shall hold any position of trust or profit or engage 1,276
in any occupation or business interfering or inconsistent with 1,277
the member's duties as a member and no member shall serve on any 1,278
committee of any political party. THE COMMISSION SHALL ELECT A 1,279
CHAIRPERSON AND A VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL 1,280
EXERCISE THE POWERS OF THE CHAIRPERSON IN THE CHAIRPERSON'S 1,281
ABSENCE.
No commission member shall participate in the disposition 1,283
of any appeal in which the member has an interest in the 1,284
controversy. Challenges to the interest of any commission member 1,286
may be made by any interested party defined in division (I) of 1,287
section 4141.01 of the Revised Code and shall be in writing. All 1,288
challenges shall be decided by the chairperson of the advisory 1,289
council, who, if the challenge is found to be well taken, shall 1,290
advise the governor, who shall in such case or at any time it is 1,291
determined by the governor that a member of the commission is 1,292
incapacitated to serve, appoint a member of the advisory council 1,293
representing the same affiliations to act and receive the same 1,294
32
compensation from the unemployment fund for serving in place of 1,295
such member.
The commission may appoint a secretary to hold office at 1,297
its pleasure. The secretary shall have such powers and shall 1,299
perform such duties as the commission prescribes and SHALL KEEP A 1,300
RECORD OF THE PROCEEDINGS OF THE COMMISSION AND OF ITS 1,301
DETERMINATIONS. THE SECRETARY shall receive a salary fixed 1,303
pursuant to section 124.14 of the Revised Code. Notwithstanding
Chapter 124. DIVISION (A)(8) OF SECTION 124.11 of the Revised 1,306
Code, each member of the commission may appoint a private 1,307
secretary to WHO SHALL BE IN THE CLASSIFIED SERVICE OF THE STATE 1,308
AND hold office at the pleasure of such member. 1,309
Two members of the commission constitute a quorum and no 1,311
action of the commission is valid unless it has the concurrence 1,312
of at least two members. A vacancy on the commission does not 1,313
impair the right of a quorum to exercise all the rights and 1,314
perform all the duties of the commission. The commission or its 1,315
secretary shall keep a record of the proceedings of the 1,316
commission and of its determinations.
HEARINGS BEFORE THE COMMISSION ARE HELD AT THE HEARING 1,318
OFFICER LEVEL AND THE REVIEW LEVEL. UNLESS OTHERWISE PROVIDED IN 1,319
THIS CHAPTER, INITIAL HEARINGS INVOLVING CLAIMS FOR COMPENSATION 1,320
AND OTHER UNEMPLOYMENT COMPENSATION ISSUES ARE CONDUCTED AT THE 1,321
HEARING OFFICER LEVEL BY HEARING OFFICERS APPOINTED BY THE 1,322
COMMISSION. HEARINGS AT THE REVIEW LEVEL ARE CONDUCTED BY 1,323
HEARING OFFICERS APPOINTED BY THE COMMISSION, BY MEMBERS OF THE 1,324
COMMISSION ACTING EITHER INDIVIDUALLY OR COLLECTIVELY, AND BY 1,325
MEMBERS OF THE COMMISSION AND HEARING OFFICERS ACTING JOINTLY. 1,326
IN ALL HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE COMMISSION 1,327
SHALL DESIGNATE THE HEARING OFFICER OR OFFICERS WHO ARE TO
CONDUCT THE HEARING. WHEN THE TERM "HEARING OFFICER" IS USED IN 1,328
REFERENCE TO HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE TERM 1,329
INCLUDES MEMBERS OF THE COMMISSION. ALL DECISIONS ISSUED AT THE 1,330
REVIEW LEVEL ARE ISSUED BY THE COMMISSION.
33
The commission AND ITS HEARING OFFICERS shall hear appeals 1,332
arising from DETERMINATIONS OF THE ADMINISTRATOR OF THE BUREAU OF 1,333
EMPLOYMENT SERVICES INVOLVING claims for compensation and OTHER 1,335
UNEMPLOYMENT COMPENSATION ISSUES. THE COMMISSION SHALL adopt, 1,336
amend, or rescind such rules of procedure, AND undertake such 1,337
investigations, and take such action required for the hearing and 1,338
disposition of appeals as it deems necessary and consistent with 1,339
sections 4141.01 to 4141.46 of the Revised Code. The rules of 1,340
procedure ADOPTED BY THE COMMISSION shall be effective as the 1,341
commission prescribes and shall not be inconsistent TO THE EXTENT 1,342
THAT THE RULES ARE CONSISTENT with such sections. 1,344
The commission, subject to Chapter 124. of the Revised 1,346
Code, and WITH the approval of the governor, shall appoint such 1,347
referees HEARING OFFICERS as are necessary. The referees HEARING 1,349
OFFICERS shall be classified by the department of administrative 1,351
services and any. ANY promotions of the referees or any increase 1,354
INCREASES in compensation of the referees HEARING OFFICERS may be 1,355
recommended by the commission subject to classifications which 1,356
are made by the department of administrative services. The 1,357
commission may grant power to take testimony in any appeals 1,358
coming before the commission. The MEMBERS OF THE commission and 1,359
its referees shall, in the performance of their duties, HEARING 1,361
OFFICERS MAY CONDUCT HEARINGS FOR UNEMPLOYMENT COMPENSATION 1,362
APPEALS COMING BEFORE THE COMMISSION. THE MEMBERS AND HEARING
OFFICERS MAY exercise all powers provided by section 4141.17 of 1,363
the Revised Code. 1,365
The commission, subject to Chapter 124. of the Revised 1,367
Code, may employ such reporters, stenographers, clerical aid, and 1,368
other employees SUPPORT PERSONNEL as are requisite NEEDED to the 1,370
discharge of CARRY OUT the duties of the commission and the. THE 1,371
salaries of such employees are fixed pursuant to section 124.14 1,373
of the Revised Code. The commission shall further provide itself 1,374
and its employees with such offices, equipment, and supplies as 1,375
are necessary, using those already provided for the central 1,376
34
office of the bureau or its branch offices wherever possible. 1,377
The commission shall have access to all the records of the 1,379
bureau of employment services needed in the performance of its 1,380
official duties. The commission shall have the right to request 1,382
of the administrator necessary information from the research and
statistics department, the legal department, the department of 1,383
public information, the fiscal department, or any other 1,384
department from which pertinent information is necessary ANY 1,385
DIVISION OF THE BUREAU HAVING THAT INFORMATION. 1,386
The commission shall prepare and submit to the 1,388
administrator an annual budget financing the costs necessary to 1,389
administer its duties under this chapter. The fund request shall 1,390
relate to, but not be limited to, the United States department of 1,391
labor's allocations for the commission's functions. The 1,392
administrator shall approve the commission's request unless funds 1,393
are insufficient to finance the request. The administrator shall 1,394
notify the commission of the amount of funds available for its 1,395
operation, as soon as possible, but not later than thirty days 1,396
after receiving the allocation from the United States department 1,397
of labor.
In the event that the administrator determines that 1,399
sufficient funds are not available to approve the request as 1,400
submitted and a revised budget is not agreed to within thirty 1,401
days of the administrator's notification to the commission, the 1,402
director of budget and management shall review and determine the 1,403
funding levels for the commission and notify the commission and 1,404
the administrator of its determination. 1,405
Sec. 4141.07. (A) The unemployment compensation review 1,415
commission may, by rule, MAY authorize persons other than ones 1,416
who are admitted to the practice of law also to appear before the 1,417
commission in any kind of proceeding as representatives of 1,418
employers or claimants. The commission may prescribe in any rule 1,419
so adopted the minimum qualifications for such agents and such 1,420
minimum standards of practice as are appropriate. 1,421
35
Notwithstanding section 119.13 of the Revised Code, the 1,423
representation of parties before the commission by a person not 1,424
admitted to the practice of law does not impair or invalidate a 1,425
proceeding for the purpose of a subsequent appeal to a court or 1,426
for any other purpose where a party knowingly selects 1,427
representation by a person not admitted to the practice of law. 1,428
(B) No individual claiming benefits shall be charged fees 1,430
of any kind in any proceeding under sections 4141.01 to 4141.46 1,431
of the Revised Code, by the commission or its representatives. 1,432
Any individual claiming benefits or any employer may represent 1,433
themselves personally or be represented by a person admitted to 1,434
the practice of law or by a person not admitted to the practice 1,435
of law in any proceeding before the administrator of the bureau 1,436
of employment services, or, before the commission or a referee 1,438
HEARING OFFICER; but no such counsel or agent representing an 1,439
individual claiming benefits shall either charge or receive for 1,440
such services more than an amount approved by the commission. 1,441
No person shall charge or receive anything of value in 1,443
violation of this section. 1,444
Sec. 4141.09. (A) There is hereby created an unemployment 1,453
compensation fund to be administered by the state without 1,454
liability on the part of the state beyond the amounts paid into 1,455
the fund and earned by the fund. The unemployment compensation 1,456
fund shall consist of all contributions, payments in lieu of 1,457
contributions described in sections 4141.241 and 4141.242 of the 1,458
Revised Code, reimbursements of the federal share of extended 1,459
benefits described in section 4141.301 of the Revised Code, 1,460
collected under sections 4141.01 to 4141.46 of the Revised Code, 1,461
together with all interest earned upon any moneys deposited with 1,462
the secretary of the treasury of the United States to the credit 1,463
of the account of this state in the unemployment trust fund 1,464
established and maintained pursuant to section 904 of the "Social 1,465
Security Act," any property or securities acquired through the 1,466
use of moneys belonging to the fund, and all earnings of such 1,467
36
property or securities. The unemployment compensation fund shall 1,468
be used to pay benefits and refunds as provided by such sections 1,469
and for no other purpose. 1,470
(B) The treasurer of state shall be the custodian of the 1,472
unemployment compensation fund and shall administer such fund in 1,473
accordance with the directions of the administrator of the bureau 1,474
of employment services. All disbursements therefrom shall be 1,475
paid by the treasurer of state on warrants drawn by the 1,476
administrator. Such warrants may bear the facsimile signature of 1,477
the administrator printed thereon and that of a deputy or other 1,478
employee of the administrator charged with the duty of keeping 1,479
the account of the unemployment compensation fund and with the 1,480
preparation of warrants for the payment of benefits to the 1,481
persons entitled thereto. Moneys in the clearing and benefit 1,482
accounts shall not be commingled with other state funds, except 1,483
as provided in division (C) of this section, but shall be 1,484
maintained in separate accounts on the books of the depositary 1,485
bank. Such money shall be secured by the depositary bank to the 1,486
same extent and in the same manner as required by sections 135.01 1,487
to 135.21 of the Revised Code; and collateral pledged for this 1,488
purpose shall be kept separate and distinct from any collateral 1,489
pledged to secure other funds of this state. All sums recovered 1,490
for losses sustained by the unemployment compensation fund shall 1,491
be deposited therein. The treasurer of state shall be liable on 1,492
the treasurer's official bond for the faithful performance of the 1,494
treasurer's duties in connection with the unemployment 1,495
compensation fund, such liability to exist in addition to any 1,496
liability upon any separate bond. 1,497
(C) The treasurer of state shall maintain within the 1,499
unemployment compensation fund three separate accounts which 1,500
shall be a clearing account, an unemployment trust fund account, 1,501
and a benefit account. All moneys payable to the unemployment 1,502
compensation fund, upon receipt thereof by the administrator, 1,503
shall be forwarded to the treasurer of state, who shall 1,504
37
immediately deposit them in the clearing account. Refunds of 1,505
contributions, or payments in lieu of contributions, payable 1,506
pursuant to division (E) of this section may be paid from the 1,507
clearing account upon warrants signed by a deputy or other 1,508
employee of the administrator charged with the duty of keeping 1,509
the record of the clearing account and with the preparation of 1,510
warrants for the payment of refunds to persons entitled thereto. 1,511
After clearance thereof, all moneys in the clearing account shall 1,512
be deposited with the secretary of the treasury of the United 1,513
States to the credit of the account of this state in the 1,514
unemployment trust fund established and maintained pursuant to 1,515
section 904 of the "Social Security Act," in accordance with 1,516
requirements of the "Federal Unemployment Tax Act," 53 Stat. 183 1,517
(1939), 26 U.S.C.A. 3301, 3304(a)(3), any law in this state 1,518
relating to the deposit, administration, release, or disbursement 1,520
of moneys in the possession or custody of this state to the 1,521
contrary notwithstanding. The benefit account shall consist of 1,522
all moneys requisitioned from this state's account in the 1,523
unemployment trust fund. Federal funds, other than funds 1,524
received by the administrator under divisions (I) and (J) of this 1,525
section, received for payment of federal benefits may be 1,527
deposited into the benefit account solely for payment of benefits 1,528
under a federal program administered by this state. Moneys so
requisitioned shall be used solely for the payment of benefits 1,530
and for no other purpose. Moneys in the clearing and benefit 1,531
accounts may be deposited by the treasurer of state, under the 1,532
direction of the administrator, in any bank or public depositary 1,533
in which general funds of the state may be deposited, but no 1,534
public deposit insurance charge or premium shall be paid out of 1,535
the fund.
(D) Moneys shall be requisitioned from this state's 1,537
account in the unemployment trust fund solely for the payment of 1,538
benefits and in accordance with regulations prescribed by the 1,539
administrator. The administrator shall requisition from the 1,540
38
unemployment trust fund such amounts, not exceeding the amount 1,541
standing to this state's account therein, as are deemed necessary 1,542
for the payment of benefits for a reasonable future period. Upon 1,543
receipt thereof, the treasurer of state shall deposit such moneys 1,544
in the benefit account. Expenditures of such money in the 1,545
benefit account and refunds from the clearing account shall not 1,546
require specific appropriations or other formal release by state 1,547
officers of money in their custody. Any balance of moneys 1,548
requisitioned from the unemployment trust fund which remains 1,549
unclaimed or unpaid in the benefit account after the expiration 1,550
of the period for which such sums were requisitioned shall either 1,551
be deducted from estimates for and may be utilized for the 1,552
payment of benefits during succeeding periods, or, in the 1,553
discretion of the administrator, shall be redeposited with the 1,554
secretary of the treasury of the United States to the credit of 1,555
this state's account in the unemployment trust fund, as provided 1,556
in division (C) of this section. Unclaimed or unpaid federal 1,557
funds redeposited with the secretary of the treasury of the 1,558
United States shall be credited to the appropriate federal 1,559
account. 1,560
(E) No claim for an adjustment or a refund on 1,562
contribution, payment in lieu of contributions, interest, or 1,563
forfeiture alleged to have been erroneously or illegally assessed 1,564
or collected, or alleged to have been collected without 1,565
authority, and no claim for an adjustment or a refund of any sum 1,566
alleged to have been excessive or in any manner wrongfully 1,567
collected shall be allowed unless an application, in writing, 1,568
therefor is made within four years from the date on which such 1,569
payment was made. If the administrator determines that such 1,570
contribution, payment in lieu of contributions, interest, or 1,571
forfeiture, or any portion thereof, was erroneously collected, 1,572
the administrator shall allow such employer to make an adjustment 1,573
thereof without interest in connection with subsequent 1,574
contribution payments, or payments in lieu of contributions, by 1,575
39
the employer, or the administrator may refund said amount, 1,576
without interest, from the clearing account of the unemployment 1,577
compensation fund, except as provided in division (B) of section 1,578
4141.11 of the Revised Code. For like cause and within the same 1,579
period, adjustment or refund may be so made on the 1,580
administrator's own initiative. An overpayment of contribution, 1,581
payment in lieu of contributions, interest, or forfeiture for 1,582
which an employer has not made application for refund prior to 1,583
the date of sale of the employer's business shall accrue to the 1,585
employer's successor in interest. 1,586
An application for an adjustment or a refund, or any 1,588
portion thereof, that is rejected is binding upon the employer 1,589
unless, within thirty days after the mailing of a written notice 1,590
of rejection to the employer's last known address, or, in the 1,591
absence of mailing of such notice, within thirty days after the 1,592
delivery of such notice, the employer files an application for a 1,593
review and redetermination setting forth the reasons therefor. 1,594
The administrator shall promptly examine the application for 1,595
review and redetermination, and if a review is granted, the 1,596
employer shall be promptly notified thereof, and shall be granted 1,597
an opportunity for a prompt hearing. 1,598
(F) If the administrator finds that contributions have 1,600
been paid to the bureau of employment services in error, and that 1,601
such contributions should have been paid to a department of 1,602
another state or of the United States charged with the 1,603
administration of an unemployment compensation law, the 1,604
administrator may upon request by such department or upon the 1,605
administrator's own initiative transfer to such department the 1,607
amount of such contributions, less any benefits paid to claimants 1,608
whose wages were the basis for such contributions. The 1,609
administrator may request and receive from such department any 1,610
contributions or adjusted contributions paid in error to such 1,611
department which should have been paid to the bureau. 1,612
(G) In accordance with section 303(c)(3) of the Social 1,614
40
Security Act, and section 3304(a)(17) of the Internal Revenue 1,615
Code of 1954 for continuing certification of Ohio unemployment 1,616
compensation laws for administrative grants and for tax credits, 1,617
any interest required to be paid on advances under Title XII of 1,618
the Social Security Act shall be paid in a timely manner and 1,619
shall not be paid, directly or indirectly, by an equivalent 1,620
reduction in the Ohio unemployment taxes or otherwise, by the 1,621
state from amounts in the unemployment compensation fund. 1,622
(H) The treasurer of state, under the direction of the 1,624
administrator and in accordance with the "Cash Management 1,625
Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, 1,626
shall deposit amounts of interest earned by the state on funds in 1,627
the benefit account established pursuant to division (C) of this 1,628
section into the bureau of employment services banking fees fund, 1,629
which is hereby created in the state treasury for the purpose of 1,630
paying related banking costs incurred by the state for the period 1,631
for which the interest is calculated, except that if the 1,632
deposited interest exceeds the banking costs incurred by the 1,633
state for the period for which the interest is calculated, the 1,634
treasurer of state shall deposit the excess interest into the 1,635
unemployment trust fund. 1,636
(I) The treasurer of state, under the direction of the 1,639
administrator, shall deposit federal funds received by the
administrator pursuant to the "Trade Act of 1974," 88 Stat. 1978, 1,641
19 U.S.C.A. 2101, as amended, into the Trade Act account, which 1,642
is hereby created for the purpose of paying for benefits, 1,643
training, and support services under that act. 1,644
(J) The treasurer of state, under the direction of the 1,647
administrator, shall deposit federal funds received by the 1,648
administrator pursuant to the "North American Free Trade 1,649
Agreement Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 1,650
3301, into the North American Free Trade account, which is hereby 1,652
created for the purpose of paying for benefits, training, and
support services under that act. 1,653
41
Sec. 4141.16. (A) The administrator of the bureau of 1,662
employment services shall make available, upon request, to the 1,663
director of human services or to the county directors of human 1,664
services in the state the name, address, ordinary occupation, and 1,665
employment status of each recipient of unemployment benefits 1,666
under this chapter, and a statement of such recipient's rights to 1,667
further benefits under this chapter. THE AGENCY REQUESTING THE 1,668
INFORMATION SHALL PAY THE BUREAU THE ACTUAL COST OF FURNISHING 1,669
THE INFORMATION REQUESTED.
(B) The administrator shall also SHALL furnish, upon 1,671
request of a public agency administering or supervising the 1,672
administration of a state plan approved under part A of Title IV 1,673
of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 1,674
601, or of a public agency charged with any duty or 1,675
responsibility under any program or activity authorized or 1,676
required under part D of Title IV of such act, information with 1,677
respect to any individual specified in the request as to: 1,678
(1) Whether the individual is receiving, has received, or 1,680
has made application for unemployment compensation, and the 1,681
amount of any compensation being received by the individual; 1,682
(2) The current or most recent home address of the 1,684
individual; 1,685
(3) Whether the individual has refused an offer of 1,687
employment and, if so, a description of the employment so offered 1,688
and the terms, conditions, and rate of pay therefor. 1,689
The public agency shall pay to the bureau of employment 1,691
services the actual costs of furnishing the information described 1,692
in this division, as provided in the "Unemployment Compensation 1,693
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 1,694
(C)(1) The administrator shall disclose, upon request, to 1,696
officers, agents, or employees of any state or local child 1,697
support enforcement agency, any wage information contained in the 1,698
records of the bureau of employment services with respect to an 1,699
individual identified in the request. 1,700
42
(2) The officer, agent, or employee of the state or local 1,702
child support enforcement agency shall state in the request that 1,703
the wage information shall be used only for the purposes of 1,704
establishing paternity; establishing, modifying, and enforcing 1,705
child support obligations which are being administered pursuant 1,707
to a plan described in section 454 of the "Social Security Act," 1,708
88 Stat. 2354 (1975), 42 U.S.C.A. 654, which has been approved by 1,709
the United States secretary of health and human services under 1,710
part D of Title IV of the "Social Security Act," 88 Stat. 2351 1,711
(1975), 42 U.S.C.A. 651.
(3) State and local child support enforcement agencies, 1,713
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,714
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,715
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,716
shall pay to the bureau the actual costs of furnishing the 1,717
information described in this division. 1,718
(4) Requirements with respect to the confidentiality of 1,720
information obtained in the administration of this chapter and 1,721
any sanctions imposed on improper disclosure of information 1,722
obtained therein shall apply to the redisclosure of information 1,723
disclosed under this section. 1,724
(D) The administrator also shall furnish, as required by 1,726
section 303(h) of the "Social Security Act," to the United States 1,727
secretary of health and human services, and on a reimbursable 1,728
basis, prompt access to wage and claims information, including 1,729
any information useful in locating an absent parent or such 1,730
parent's employer for use by the "Parent Locator Service," 1,731
section 453, part D of Title IV of the "Social Security Act" and 1,732
as required under section 303(h) of such act. 1,733
(E)(1) If the director of human services determines that 1,735
direct, on-line access to the automated information system 1,736
maintained by the bureau of employment services is an effective 1,737
and efficient means of obtaining necessary information to aid in 1,738
the enforcement or collection of child support obligations, the 1,739
43
director shall make a written request to the administrator of the 1,740
bureau of employment services to permit the following to have 1,741
direct, on-line access to the information system: 1,742
(a) The department of human services; 1,744
(b) Officers, agents, or employees of a state or local 1,746
child support enforcement agency of this state or of another 1,747
state as designated by the director; 1,748
(c) Officers, agents, or employees of any private agency 1,750
designated by the director that is operating pursuant to a 1,751
contract entered into with a state or local child support 1,752
enforcement agency of this state for the exchange of information 1,753
related to the enforcement and collection of child support 1,754
obligations. 1,755
(2) The director of human services shall not designate 1,757
pursuant to division (E)(1) of this section a state or local 1,758
child support enforcement agency of this state or of another 1,759
state or any private agency to have access to the automated 1,760
information system maintained by the bureau unless he THE 1,761
DIRECTOR also determines that on-line direct access to the 1,762
bureau's automated information system by that agency is necessary 1,763
for the implementation of a child support enforcement program 1,764
operating pursuant to a plan described in section 454 of the 1,765
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,766
that has been approved by the secretary of health and human 1,767
services under part D of Title IV of the "Social Security Act," 1,768
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,769
(3) Upon receipt of a request made under division (E)(1) 1,771
of this section, the administrator of the bureau shall comply 1,772
with the request and shall adopt rules pursuant to this section 1,773
and section 111.15 of the Revised Code to regulate access to the 1,774
bureau's automated information system. The rules shall include a 1,775
confidentiality requirement that conforms to division (E)(5) of 1,776
this section. 1,777
(4)(a) State and local child support enforcement agencies, 1,779
44
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,780
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,781
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,782
shall pay to the bureau the actual costs to the bureau of 1,783
accessing its automated information system. 1,784
(b) Any private agency designated by the director of human 1,786
services pursuant to division (E)(1) of this section that is 1,787
operating pursuant to a contract entered into with a state or 1,788
local child support enforcement agency of this state for the 1,789
exchange of information related to the enforcement and collection 1,790
of child support obligations shall pay or provide contractually 1,791
for the payment of the actual costs to the bureau of accessing 1,792
its automated information system. 1,793
(5) The requirements with respect to the confidentiality 1,795
of information obtained in the administration of this chapter and 1,796
any sanctions imposed on improper disclosure of information 1,797
obtained in the administration of this chapter shall apply to any 1,798
information obtained pursuant to division (E) of this section 1,799
through on-line access to the bureau's automated information 1,800
system. 1,801
(F) The director of human services, the director's 1,803
employees, and other individuals to whom information is made 1,805
available pursuant to this section are subject to section 4141.22 1,806
of the Revised Code and the penalty for violation of that section 1,807
as specified in section 4141.99 of the Revised Code. 1,808
(G) As used in this section, "state or local child support 1,810
enforcement agency" means either of the following: 1,811
(1) In this state, the department of human services, the 1,813
division of child support created pursuant to section 5101.31 of 1,814
the Revised Code, or a child support enforcement agency 1,815
designated by the board of county commissioners pursuant to 1,816
section 2301.35 of the Revised Code; 1,817
(2) In a state other than this state, any agency of a 1,819
state or of a political subdivision of a state operating pursuant 1,820
45
to a plan described in section 454 of the "Social Security Act," 1,821
which has been approved by the secretary of health and human 1,822
services under part D of Title IV of the "Social Security Act." 1,823
Sec. 4141.17. The administrator of the bureau of 1,832
employment services and his secretary, deputies, and authorized 1,834
representative THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION 1,835
may administer oaths, certify to official acts, take depositions, 1,836
issue subpoenas, and compel the attendance and testimony of 1,837
witnesses and the production of books, accounts, papers, records, 1,838
documents, and testimony; but no person shall be compelled
pursuant to this section to attend at a place outside the county 1,840
in which he resides or is found. 1,841
No person shall be excused from attending and testifying or 1,843
from producing books, papers, correspondence, memoranda, or other 1,844
records before the administrator or his secretary or deputy or 1,845
before any authorized representative, agent, or agency of the 1,847
administrator, in any cause, hearing, or proceeding before the 1,848
administrator or a local board, on the ground that the testimony 1,849
or evidence required of him may tend to incriminate him or 1,850
subject him to a penalty or forfeiture; but no person shall be 1,853
prosecuted or be subjected to any penalty or forfeiture on 1,854
account of any transaction, matter, or thing concerning which he 1,855
is compelled, after having claimed his privilege against self 1,857
incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and 1,858
punishment for perjury committed in so testifying. 1,859
In case of the refusal of a witness to attend or testify, 1,861
or to produce books or papers, as to any matter regarding which 1,862
he THE WITNESS might be lawfully interrogated in the 1,864
administration of this chapter, the court of common pleas of the
county in which the person resides or is found, THE COURT OF 1,865
APPEALS THAT HAS JURISDICTION OVER THE COUNTY IN WHICH THE PERSON 1,866
RESIDES OR IS FOUND, or a judge thereof, upon application of the 1,868
administrator OR COMMISSION, shall compel obedience by
46
proceedings as for contempt as in case of like refusal to obey a 1,870
similar order of the court.
Sec. 4141.20. (A) Every employer, including those not 1,879
otherwise subject to this chapter, shall furnish the 1,880
administrator of the bureau of employment services upon request 1,881
all information required by him THE ADMINISTRATOR to carry out 1,882
the requirements of this chapter. Every employer receiving from 1,884
the administrator any blank with direction to fill it out shall 1,885
cause it to be properly filled out, in the manner prescribed by 1,886
the administrator, so as to answer fully and correctly all 1,887
questions therein propounded, and shall furnish all the 1,888
information therein sought, or, if unable to do so, such THAT 1,889
employer shall give the administrator in writing good and 1,891
sufficient reason for such failure. 1,892
The administrator may require that such information be 1,894
verified under oath and returned to the administrator within the 1,895
period fixed by him THE ADMINISTRATOR or by law. The 1,896
administrator or any person employed by him THE ADMINISTRATOR for 1,898
that purpose may examine under oath any such employer, or the 1,899
officer, agent, or employee of such THAT employer, for the 1,900
purpose of ascertaining any information which such THAT THE 1,901
employer is required by this chapter to furnish to the 1,902
administrator. Any employer who fails to furnish information as 1,903
is required by the administrator under authority of this section 1,904
shall forfeit five hundred dollars to be collected in a civil 1,905
action brought against the employer in the name of the state. 1,906
(B) Effective with the calendar quarter beginning April 1, 1,908
1987, every contributory employer shall file a quarterly 1,909
contribution report and a quarterly report of wages. The 1,910
quarterly reports shall be filed no later than the last day of 1,911
the first month following the close of the calendar quarter for 1,912
which the quarterly reports are being filed. The employer shall 1,913
enter on the quarterly contribution report the total and taxable 1,914
remuneration paid to all employees during the quarter. The 1,915
47
employer shall enter on the quarterly report of wages the name 1,916
and social security number of each individual employed during the 1,917
calendar quarter, the total remuneration paid the individual, the 1,918
number of weeks during the quarter for which the individual was 1,919
paid remuneration, and any other information as required by 1,920
section 1137 of the "Social Security Act." The administrator 1,921
shall furnish the form or forms on which the quarterly reports 1,922
are to be submitted or the employer may use other methods of 1,923
reporting, INCLUDING ELECTRONIC INFORMATION TRANSMISSION METHODS, 1,925
as approved by the administrator.
Effective until the calendar quarter beginning January 1, 1,927
1993, in case of failure to file the quarterly contribution 1,928
report or the report of wages containing all the required 1,929
contribution and wage information within the time prescribed by 1,930
this section, there shall be assessed a forfeiture amounting to 1,931
ten per cent of the contributions due; provided such forfeiture 1,932
shall not be less than twenty-five nor more than two hundred 1,933
fifty dollars. The administrator may waive the forfeiture only 1,934
with respect to the report of wages, and the waiver may be 1,935
approved only if the employer shows good cause for failure to 1,936
file the required information. 1,937
Effective with the calendar quarter beginning January 1, 1,939
1993, in case of failure to file the quarterly contribution 1,940
report containing all the required information within the time 1,941
prescribed by this section, there shall be assessed a forfeiture 1,942
amounting to twenty-five one-hundredths of one per cent of the 1,943
total remuneration paid by the employer, provided such forfeiture 1,944
shall not be less than thirty nor more than five hundred dollars 1,945
per quarterly contribution report. The administrator may waive 1,946
the forfeiture only if the employer provides to the administrator 1,947
a written statement showing good cause for failure to file the 1,948
required quarterly contribution report. 1,949
Effective with the calendar quarter beginning January 1, 1,951
1993, in case of failure to file the quarterly report of wages 1,952
48
containing all the required information within the time 1,953
prescribed by this section, there shall be assessed a forfeiture 1,954
amounting to twenty-five one-hundredths of one per cent of the 1,955
total remuneration paid by the employer, provided such forfeiture 1,956
shall be not less than thirty nor more than five hundred dollars 1,957
per quarterly report of wages. The administrator may waive the 1,958
forfeiture only if the employer provides to the administrator a 1,959
written statement showing good cause for failure to file the 1,960
required quarterly report of wages. 1,961
(C) Effective with the calendar quarter beginning April 1, 1,963
1987, every employer liable for payments in lieu of contributions 1,964
shall file a quarterly payroll report and a quarterly report of 1,965
wages. The employer shall file the quarterly reports no later 1,966
than the last day of the first month following the close of the 1,967
calendar quarter for which the quarterly reports are being filed. 1,968
The employer shall enter on the quarterly payroll report the 1,969
total remuneration paid to all employees during the quarter and 1,970
the total wages that would have been taxable had the employer 1,971
been subject to contributions. The employer shall enter on the 1,972
quarterly report of wages the name and social security number of 1,973
each individual employed during the calendar quarter, the total 1,974
remuneration paid the individual, the number of weeks during the 1,975
quarter for which the individual was paid remuneration, and any 1,976
other information as required by section 1137 of the "Social 1,977
Security Act." The administrator shall furnish the form or forms 1,978
on which the quarterly reports are to be submitted or the 1,979
employer may use other methods of reporting, INCLUDING ELECTRONIC 1,980
INFORMATION TRANSMISSION METHODS, as approved by the 1,981
administrator.
Effective until the calendar quarter beginning January 1, 1,983
1993, in case of failure to file the quarterly payroll report or 1,984
the report of wages containing all of the required payroll or 1,985
wage information within the time prescribed by this section, the 1,986
employer shall be assessed a forfeiture of twenty-five dollars 1,987
49
per report. The administrator may waive the forfeiture only with 1,988
respect to the report of wages, and such waiver may be approved 1,989
only if the employer shows good cause for failure to file the 1,990
required information. 1,991
Effective with the calendar quarter beginning January 1, 1,993
1993, in case of failure to file the quarterly payroll report 1,994
containing all the required wage information within the time 1,995
prescribed by this section, the employer shall be assessed a 1,996
forfeiture amounting to twenty-five one-hundredths of one per 1,997
cent of the total remuneration paid by the employer, provided 1,998
such forfeiture shall not be less than thirty nor more than five 1,999
hundred dollars per quarterly payroll report. The administrator 2,000
may waive the forfeiture only if the employer provides to the 2,001
administrator a written statement showing good cause for failure 2,002
to file the required quarterly payroll report. 2,003
Effective with the calendar quarter beginning January 1, 2,005
1993, in case of failure to file the quarterly report of wages 2,006
containing all the required information within the time 2,007
prescribed by this section, there shall be assessed a forfeiture 2,008
amounting to twenty-five one-hundredths of one per cent of the 2,009
total remuneration paid by the employer, provided such forfeiture 2,010
shall be not less than thirty nor more than five hundred dollars 2,011
per quarterly report of wages. The administrator may waive the 2,012
forfeiture only if the employer provides to the administrator a 2,013
written statement showing good cause for failure to file the 2,014
required quarterly report of wages. 2,015
(D) All forfeitures required by this section shall be paid 2,017
into the unemployment compensation special administrative fund as 2,018
provided in section 4141.11 of the Revised Code. 2,019
Sec. 4141.21. Except as provided in sections 4141.16, 2,028
4141.161, 4141.162, and 4141.163 of the Revised Code; until 2,029
October 1, 1994, except as provided in section 4141.164 of the 2,031
Revised Code;of the bureau of employment services by employers or employees 2,036
pursuant to this chapter is for the exclusive use and information 2,037
of the bureau of employment services in the discharge of its 2,038
duties and shall not be open to the public or be used in any 2,039
court in any action or proceeding pending therein, or be 2,040
admissible in evidence in any action, other than one arising 2,041
under such THOSE sections. All of the information and records 2,042
necessary or useful in the determination of any particular claim 2,043
for benefits or necessary in verifying any charge to an 2,044
employer's account under sections 4141.23 to 4141.26 of the 2,045
Revised Code shall be available for examination and use by the 2,046
employer and the employee involved or their authorized 2,047
representatives in the hearing of such cases, and such THAT 2,048
information may be tabulated and published in statistical form
for the use and information of the state departments and the 2,049
public. 2,050
Sec. 4141.22. (A) No person shall disclose any 2,059
information which THAT was MAINTAINED BY THE ADMINISTRATOR OF THE 2,061
BUREAU OF EMPLOYMENT SERVICES OR furnished to the administrator
of the bureau of employment services by employers or employees 2,062
pursuant to Chapter 4141. of the Revised Code, unless such 2,063
disclosure is permitted under section 4141.21 of the Revised 2,064
Code.
(B) No person in the employ of the administrator of the 2,066
bureau of employment services, or who has been in the employ of 2,067
the administrator at any time, shall divulge any information 2,068
secured by him THE PERSON while so employed in respect to the 2,069
transactions, property, business, or mechanical, chemical, or 2,071
other industrial process of any person, firm, corporation, 2,072
association, or partnership to any person other than the 2,073
administrator or other employees of the bureau of employment 2,074
services as required by such THE person's duties, or to other 2,075
persons as authorized by the administrator under section 4141.43 2,076
51
of the Revised Code.
Whoever violates this section shall be disqualified from 2,078
holding any appointment or employment by the administrator. 2,079
Sec. 4141.24. (A)(1) The administrator of the bureau of 2,088
employment services shall maintain a separate account for each 2,089
employer and, except as otherwise provided in division (D)(B) of 2,091
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 2,092
contributions, or payments in lieu of contributions, which he THE 2,093
EMPLOYER has paid on his THE EMPLOYER'S own behalf. 2,094
(2) If, as of the computation date, a contributory 2,096
employer's account shows a negative balance computed as provided 2,097
in division (C)(A)(3) of section 4141.25 of the Revised Code, 2,098
less any contributions due and unpaid on such date, which 2,099
negative balance is in excess of the limitations imposed by 2,100
divisions (A)(2)(a), (b), and (c) of this section and if the 2,101
employer's account is otherwise eligible for the transfer, then 2,102
before his THE EMPLOYER'S contribution rate is computed for the 2,103
next succeeding contribution period, an amount equal to the 2,104
amount of the excess eligible for transfer shall be permanently 2,105
transferred from the account of such employer and charged to the 2,106
mutualized account provided in division (D)(B) of section 4141.25 2,107
of the Revised Code. 2,108
(a) If as of any computation date, a contributory 2,110
employer's account shows a negative balance in excess of ten per 2,111
cent of the employer's average annual payroll, then before his 2,112
THE EMPLOYER'S contribution rate is computed for the next 2,113
succeeding contribution period, an amount equal to the amount of 2,114
the excess shall be transferred from the account as provided in 2,115
this division. No contributory employer's account may have any 2,116
excess transferred pursuant to division (A)(2)(a) of this 2,117
section, unless his THE EMPLOYER'S account has shown a positive 2,118
balance for at least two consecutive computation dates prior to 2,119
the computation date with respect to which the transfer is 2,120
52
proposed. Each time a transfer is made pursuant to division 2,121
(A)(2)(a) of this section, the employer's account is ineligible 2,122
for any additional transfers under that division, until the 2,123
account shows a positive balance for at least two consecutive 2,124
computation dates subsequent to the computation date of which the 2,125
most recent transfer occurs pursuant to division (A)(2)(a), (b), 2,126
or (c) of this section.
(b) If at the next computation date after the computation 2,128
date at which a transfer from the account occurs pursuant to 2,129
division (A)(2)(a) of this section, a contributory employer's 2,130
account shows a negative balance in excess of fifteen per cent of 2,131
the employer's average annual payroll, then before his THE 2,132
EMPLOYER'S contribution rate is computed for the next succeeding 2,133
contribution period an amount equal to the amount of the excess 2,134
shall be permanently transferred from the account as provided in 2,135
this division. 2,136
(c) If at the next computation date subsequent to the 2,138
computation date at which a transfer from a contributory 2,139
employer's account occurs pursuant to division (A)(2)(b) of this 2,140
section, the employer's account shows a negative balance in 2,141
excess of twenty per cent of the employer's average annual 2,142
payroll, then before his THE EMPLOYER'S contribution rate is 2,143
computed for the next succeeding contribution period, an amount 2,144
equal to the amount of the excess shall be permanently 2,145
transferred from the account as provided in this division. 2,146
(d) If no transfer occurs pursuant to division (A)(2)(b) 2,148
or (c) of this section, the employer's account is ineligible for 2,149
any additional transfers under division (A)(2) until the account 2,150
requalifies for a transfer pursuant to division (A)(2)(a) of this 2,151
section. 2,152
(B) Any employer may make voluntary payments in addition 2,154
to the contributions required under this chapter, in accordance 2,155
with rules established by the administrator. Such payments shall 2,156
be included in the employer's account as of the computation date, 2,157
53
provided they are received by the bureau of employment services 2,158
by the thirty-first day of December following such computation 2,159
date. Such voluntary payment, when accepted from an employer, 2,160
will not be refunded in whole or in part. In determining whether 2,161
an employer's account has a positive balance on two consecutive 2,162
computation dates and is eligible for transfers under division 2,163
(A)(2) of this section, the administrator shall exclude any 2,164
voluntary payments made subsequent to the last transfer made 2,165
under division (A)(2) of this section. 2,166
(C) All contributions to the fund shall be pooled and 2,168
available to pay benefits to any individual entitled to benefits 2,169
irrespective of the source of such contributions. 2,170
(D)(1) For the purposes of this section and sections 2,172
4141.241 and 4141.242 of the Revised Code, an employer's account 2,173
shall be charged only for benefits based on remuneration paid by 2,174
such employer. Benefits paid to an eligible individual shall be 2,175
charged against the account of each employer within the 2,176
claimant's base period in the proportion to which wages 2,177
attributable to each employer of the claimant bears to the 2,178
claimant's total base period wages. Charges to the account of a 2,179
base period employer with whom the claimant is employed part-time 2,180
at the time his THE CLAIMANT'S application for a determination of 2,182
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 2,183
(a) The claimant also worked part-time for the employer 2,185
during the base period of the claim. 2,186
(b) The claimant is unemployed due to loss of other 2,188
employment. 2,189
(c) The employer either is not a reimbursing employer 2,191
under section 4141.241 or 4141.242 of the Revised Code or is a 2,192
reimbursing employer who has been determined to be a seasonal 2,193
employer pursuant to section 4141.33 of the Revised Code, and the 2,194
benefit charges are for weeks of unemployment that occurred 2,195
outside the seasonal employer's seasonal period. 2,196
54
(2) NOTWITHSTANDING DIVISION (D)(1) OF THIS SECTION, 2,198
CHARGES TO THE ACCOUNT OF ANY EMPLOYER, INCLUDING ANY REIMBURSING 2,199
EMPLOYER, SHALL BE CHARGED TO THE MUTUALIZED ACCOUNT IF IT 2,200
FINALLY IS DETERMINED BY A COURT ON APPEAL THAT THE EMPLOYER'S 2,201
ACCOUNT IS NOT CHARGEABLE FOR THE BENEFITS.
(3) The administrator shall notify each employer at least 2,203
once each month of the benefits charged to his THE EMPLOYER'S 2,204
account since the last preceding notice; except that for the 2,206
purposes of sections 4141.241 and 4141.242 of the Revised Code 2,207
which provides the billing of employers on a payment in lieu of a 2,208
contribution basis, the administrator may prescribe a quarterly 2,209
or less frequent notice of benefits charged to the employer's 2,210
account. Such notice will show a summary of the amount of 2,211
benefits paid which were charged to the employer's account. This 2,212
notice shall not be deemed a determination of the claimant's 2,213
eligibility for benefits. Any employer so notified, may, 2,214
however, MAY FILE within fifteen days after the mailing date of 2,215
the notice, file an exception to charges appearing on the notice 2,217
on the grounds that such charges are not in accordance with this 2,218
section. The administrator shall promptly examine the exception 2,219
to such charges and shall notify the employer of his THE 2,220
ADMINISTRATOR'S decision thereon, which decision shall become 2,221
final unless appealed to the board of UNEMPLOYMENT COMPENSATION 2,222
review COMMISSION in the manner provided in section 4141.26 of 2,223
the Revised Code. For the purposes of this division, an 2,224
exception is considered timely filed when it has been received as 2,225
provided in division (I)(2) of section 4141.28 of the Revised 2,226
Code.
(3) For the purpose of this section and sections 4141.241 2,228
and 4141.242 of the Revised Code, benefits based on public 2,229
service wages for services performed in a public service job as 2,230
defined in the "Comprehensive Employment and Training Act of 2,231
1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, to the extent 2,232
that wages are paid with funds provided under that federal act 2,233
55
shall not be charged to the account of any employer but shall be 2,234
charged to the account of the federal government to the extent 2,235
that the unemployment compensation fund is reimbursed for 2,236
benefits under section 221, Title II of the "Emergency Jobs and 2,237
Unemployment Assistance Act of 1974," 88 Stat. 1845, as added by 2,238
section 6(a) of Public Law 94-444, as amended. 2,239
(E) The administrator shall terminate and close the 2,241
account of any contributory employer who has been subject to this 2,242
chapter if the enterprise for which the account was established 2,243
is no longer in operation and it has had no payroll and its 2,244
account has not been chargeable with benefits for a period of 2,245
five consecutive years. The amount of any positive balance, 2,246
computed as provided in division (C)(A)(3) of section 4141.25 of 2,248
the Revised Code, in an account closed and terminated as provided
in this section shall be credited to the mutualized account as 2,249
provided in division (D)(B)(2)(b) of section 4141.25 of the 2,250
Revised Code. The amount of any negative balance, computed as 2,251
provided in division (C)(A)(3) of section 4141.25 of the Revised 2,252
Code, in an account closed and terminated as provided in this 2,253
section shall be charged to the mutualized account as provided in 2,254
division (D)(B)(1)(b) of section 4141.25 of the Revised Code. 2,255
The amount of any positive balance or negative balance, credited 2,257
or charged to the mutualized account after the termination and 2,258
closing of an employer's account, shall not thereafter be 2,259
considered in determining the contribution rate of such employer. 2,260
The closing of an employer's account as provided in this division 2,261
shall not relieve such employer from liability for any unpaid 2,262
contributions or payment in lieu of contributions which are due 2,263
for periods prior to such closing. 2,264
If the administrator finds that a contributory employer's 2,266
business is closed solely because of the entrance of one or more 2,267
of the owners, officers, or partners, or the majority 2,268
stockholder, into the armed forces of the United States, or any 2,269
of its allies, or of the United Nations after July 1, 1950, such 2,270
56
employer's account shall not be terminated and if the business is 2,271
resumed within two years after the discharge or release of such 2,272
persons from active duty in the armed forces, the employer's 2,273
experience shall be deemed to have been continuous throughout 2,274
such period. The reserve ratio of any such employer shall be the 2,275
total contributions paid by such employer minus all benefits, 2,276
including benefits paid to any individual during the period such 2,277
employer was in the armed forces, based upon wages paid by him 2,278
THE EMPLOYER prior to his THE EMPLOYER'S entrance into the armed 2,279
forces divided by the average of his THE EMPLOYER'S annual 2,281
payrolls for the three most recent years during the whole of 2,283
which the employer has been in business.
(F) If an employer transfers his THE EMPLOYER'S business 2,285
or otherwise reorganizes such business, the successor in interest 2,286
shall assume the resources and liabilities of such employer's 2,287
account, and continue the payment of all contributions, or 2,288
payments in lieu of contributions, due under this chapter. If an 2,289
employer acquires substantially all of the assets in a trade or 2,290
business of another employer, or a clearly segregable and 2,291
identifiable portion of an employer's enterprise, and immediately 2,292
after the acquisition employs in his THE EMPLOYER'S trade or 2,293
business substantially the same individuals who immediately prior 2,295
to the acquisition were employed in the trade or business or in 2,296
the separate unit of such trade or business of such predecessor 2,297
employer, then, upon application to the administrator signed by 2,298
the predecessor employer and the acquiring employer, the employer 2,299
acquiring such enterprise is the successor in interest. In the 2,300
case of a transfer of a portion of an employer's enterprise, only 2,301
that part of the experience with unemployment compensation and 2,302
payrolls that is directly attributable to the segregated and 2,303
identifiable part shall be transferred and used in computing the 2,304
contribution rate of the successor employer on the next 2,305
computation date. The administrator by rule may prescribe 2,306
procedures for effecting transfers of experience as provided for 2,307
57
in this section.
(G) For the purposes of this section, two or more 2,309
employers who are parties to or the subject of a merger, 2,310
consolidation, or other form of reorganization effecting a change 2,311
in legal identity or form are deemed to be a single employer if 2,312
the administrator finds that immediately after such change the 2,313
employing enterprises of the predecessor employers are continued 2,314
solely through a single employer as successor thereto, and 2,315
immediately after such change such successor is owned or 2,316
controlled by substantially the same interests as the predecessor 2,317
employers, and the successor has assumed liability for all 2,318
contributions required of the predecessor employers, and the 2,319
consideration of such two or more employers as a single employer 2,320
for the purposes of this section would not be inequitable. 2,321
(H) No rate of contribution less than three TWO AND 2,323
SEVEN-TENTHS per cent shall be permitted a contributory employer 2,325
succeeding to the experience of another contributory employer 2,326
pursuant to this section for any period subsequent to such 2,327
succession, except in accordance with rules prescribed by the 2,328
administrator, which rules shall be consistent with federal 2,329
requirements for additional credit allowance in section 3303 of 2,330
the "Internal Revenue Code of 1954" and consistent with this 2,331
chapter, except that such rules may establish a computation date 2,332
for any such period different from the computation date generally 2,333
prescribed by this chapter, and may define "calendar year" as 2,334
meaning a twelve consecutive month period ending on the same day 2,335
of the year as that on which such computation date occurs. 2,336
(I) The administrator may prescribe rules for the 2,338
establishment, maintenance, and dissolution of common 2,339
contribution rates for two or more contributory employers, and in 2,340
accordance with such rules and upon application by two or more 2,341
employers shall establish such common rate to be computed by 2,342
merging the several contribution rate factors of such employers 2,343
for the purpose of establishing a common contribution rate 2,344
58
applicable to all such employers. 2,345
Sec. 4141.241. (A)(1) Any nonprofit organization 2,354
described in division (X) of section 4141.01 of the Revised Code, 2,355
which becomes subject to this chapter on or after January 1, 2,356
1972, shall pay contributions under section 4141.25 of the 2,357
Revised Code, unless it elects, in accordance with this division, 2,358
to pay to the administrator of employment services for deposit in 2,359
the unemployment compensation fund an amount in lieu of 2,360
contributions equal to the amount of regular benefits plus one 2,361
half of extended benefits paid from that fund that is 2,362
attributable to service in the employ of the nonprofit 2,363
organization to individuals whose service, during the base period 2,364
of the claims, was within the effective period of such election. 2,365
(2) Any nonprofit organization which becomes subject to 2,367
this chapter after January 1, 1972, may elect to become liable 2,368
for payments in lieu of contributions for a period of not less 2,369
than the remainder of that calendar year and the next calendar 2,370
year, beginning with the date on which such subjectivity begins, 2,371
by filing a written notice of its election with the administrator 2,372
not later than thirty days immediately following the date of the 2,373
determination of such subjectivity. 2,374
(3) Any nonprofit organization which makes an election in 2,376
accordance with this division will continue to be liable for 2,377
payments in lieu of contributions for the period described in 2,378
this division and until it files with the administrator a written 2,379
notice terminating its election. The notice shall be filed not 2,380
later than thirty days prior to the beginning of the calendar 2,381
year for which the termination is to become effective. 2,382
(4) Any nonprofit organization which has been paying 2,384
contributions for a period subsequent to January 1, 1972, may 2,385
change to a reimbursable basis by filing with the administrator, 2,386
not later than thirty days prior to the beginning of any calendar 2,387
year, a written notice of election to become liable for payments 2,388
in lieu of contributions. The election shall not be terminable 2,389
59
by the organization during that calendar year and the next 2,390
calendar year. 2,391
(5) The administrator, in accordance with any rules the 2,393
administrator prescribes, shall notify each nonprofit 2,394
organization of any determination which the administrator may 2,396
make of its status as an employer and of the effective date of 2,398
any election which it makes and of any termination of the 2,399
election. Any determinations shall be subject to 2,400
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 2,401
(B) Except as provided in division (I) of section 4141.29 2,403
of the Revised Code, benefits based on service with a nonprofit 2,404
organization granted a reimbursing status under this section 2,405
shall be payable in the same amount, on the same terms, and 2,406
subject to the same conditions, as benefits payable on the basis 2,407
of other service subject to this chapter. Payments in lieu of 2,408
contributions shall be made in accordance with this division and 2,409
division (D) of section 4141.24 of the Revised Code. 2,410
(1)(a) At the end of each calendar quarter, or at the end 2,412
of any other period as determined by the administrator under 2,413
division (D)(2)(3) of section 4141.24 of the Revised Code, the 2,414
administrator shall bill each nonprofit organization or group of 2,415
such organizations which has elected to make payments in lieu of 2,416
contributions for an amount equal to the full amount of regular 2,417
benefits plus one half of the amount of extended benefits paid 2,418
during such quarter or other prescribed period which is 2,419
attributable to service in the employ of such organization. 2,420
(b) In the computation of the amount of benefits to be 2,422
charged to employers liable for payments in lieu of 2,423
contributions, all benefits attributable to service described in 2,424
division (B)(1)(a) of this section shall be computed and charged 2,425
to such organization as described in division (D) of section 2,426
4141.24 of the Revised Code, and, except as provided in division 2,427
(C)(D)(2) of section 4141.33 4141.24 of the Revised Code, no 2,429
60
portion of the amount may be charged to the mutualized account 2,430
established by division (D)(B) of section 4141.25 of the Revised 2,431
Code.
(c) The administrator may prescribe regulations under 2,433
which organizations, which have elected to make payments in lieu 2,434
of contributions may request permission to make such payments in 2,435
equal installments throughout the year with an adjustment at the 2,436
end of the year for any excess or shortage of the amount of such 2,437
installment payments compared with the total amount of benefits 2,438
actually charged the organization's account during the year. In 2,439
making any adjustment, where the total installment payments are 2,440
less than the actual benefits charged, the organization shall be 2,441
liable for payment of the unpaid balance in accordance with 2,442
division (B)(2) of this section. If the total installment 2,443
payments exceed the actual benefits charged, all or part of the 2,444
excess may, at the discretion of the administrator, be refunded 2,445
or retained in the fund as part of the payments which may be 2,446
required in the next year. 2,447
(2) Payment of any bill rendered under division (B)(1) of 2,449
this section shall be made not later than thirty days after the 2,450
bill was mailed to the last known address of the organization or 2,451
was otherwise delivered to it, unless there has been an 2,452
application for review and redetermination in accordance with 2,453
division (B)(4) of this section. 2,454
(3) Payments made by an organization under this section 2,456
shall not be deducted or deductible, in whole or in part, from 2,457
the remuneration of individuals in the employ of the 2,458
organization. 2,459
(4) An organization may file an application for review and 2,461
redetermination of the amounts appearing on any bill rendered to 2,462
such organization under division (B)(1) of this section. The 2,463
application shall be filed and determined under division 2,465
(D)(2)(3) of section 4141.24 of the Revised Code. 2,466
(5) Past due payments of amounts in lieu of contributions 2,468
61
shall be subject to the same interest rates and collection 2,469
procedures that apply to past due contributions under sections 2,470
4141.23 and 4141.27 of the Revised Code. In case of failure to 2,471
file a required quarterly report within the time prescribed by 2,472
the administrator, the nonprofit organization shall be subject to 2,473
a forfeiture pursuant to section 4141.20 of the Revised Code for 2,474
each quarterly report that is not timely filed. 2,475
All interest and forfeitures collected under this division 2,477
shall be paid into the unemployment compensation special 2,478
administrative fund as provided in section 4141.11 of the Revised 2,479
Code. 2,480
(6) All payments in lieu of contributions collected under 2,482
this section shall be paid into the unemployment compensation 2,483
fund as provided in section 4141.09 of the Revised Code. Any 2,484
refunds of such payments shall be paid from the unemployment 2,485
compensation fund, as provided in section 4141.09 of the Revised 2,486
Code. 2,487
(C)(1) Any nonprofit organization, or group of such 2,489
organizations approved under division (D) of this section, that 2,491
elects to become liable for payments in lieu of contributions 2,492
shall be required within thirty days after the effective date of 2,493
its election, to execute and file with the administrator a surety 2,494
bond approved by the administrator or it may elect instead to 2,495
deposit with the administrator approved municipal or other bonds, 2,496
or approved securities, or a combination thereof, or other forms 2,497
of collateral security approved by the administrator. 2,498
(2)(a) The amount of the bond or deposit required shall be 2,500
equal to three per cent of the organization's wages paid for 2,501
employment as defined in section 4141.01 of the Revised Code that 2,502
would have been taxable had the organization been a subject 2,503
employer during the four calendar quarters immediately preceding 2,504
the effective date of the election, or the amount established by 2,506
the administrator within the limitation provided in division 2,507
(C)(2)(d) of this section, whichever is the less. The effective 2,508
62
date of the amount of the bond or other collateral security 2,509
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 2,510
shall be the renewal date in the case of a bond or the biennial 2,512
anniversary of the effective date of election in the case of 2,513
deposit of securities or other forms of collateral security 2,514
approved by the administrator, whichever date shall be most 2,515
recent and applicable. If the nonprofit organization did not pay 2,516
wages in each of such four calendar quarters, the amount of the 2,517
bond or deposit shall be as determined by the administrator under 2,518
regulations prescribed for this purpose. 2,519
(b) Any bond or other form of collateral security approved 2,521
by the administrator deposited under this division shall be in 2,522
force for a period of not less than two calendar years and shall 2,523
be renewed with the approval of the administrator, at such times 2,524
as the administrator may prescribe, but not less frequently than 2,525
at two year intervals as long as the organization continues to be 2,526
liable for payments in lieu of contributions. The administrator 2,527
shall require adjustments to be made in a previously filed bond 2,528
or other form of collateral security as the administrator 2,530
considers appropriate. If the bond or other form of collateral 2,531
security is to be increased, the adjusted bond or collateral 2,532
security shall be filed by the organization within thirty days of 2,533
the date that notice of the required adjustment was mailed or 2,534
otherwise delivered to it. Failure by any organization covered 2,535
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 2,536
applicable interest provided for in division (B)(5) of this 2,537
section, shall render the surety liable on the bond or collateral 2,538
security to the extent of the bond or collateral security, as 2,539
though the surety was the organization. 2,540
(c) Any securities accepted in lieu of surety bond by the 2,542
administrator shall be deposited with the treasurer of state who 2,543
shall have custody thereof and retain the same in his or her THE 2,544
63
TREASURER OF STATE'S possession, or release them, according to 2,545
conditions prescribed by regulations of the administrator. 2,547
Income from the securities, held in custody by the treasurer of 2,548
state, shall accrue to the benefit of the depositor and shall be 2,549
distributed to the depositor in the absence of any notification 2,550
from the administrator that the depositor is in default on any 2,551
payment owed to the bureau of employment services. The 2,552
administrator may require the sale of any such bonds to the 2,553
extent necessary to satisfy any unpaid payments in lieu of 2,554
contributions, together with any applicable interest or 2,555
forfeitures provided for in division (B)(5) of this section. The 2,556
administrator shall require the employer within thirty days 2,557
following any sale of deposited securities, under this 2,558
subdivision, to deposit additional securities, surety bond or 2,559
combination of both, to make whole the employer's security 2,560
deposit at the approved level. Any cash remaining from the sale 2,561
of such securities may, at the discretion of the administrator, 2,562
be refunded in whole or in part, or be paid into the unemployment 2,563
compensation fund to cover future payments required of the 2,564
organization.
(d) The required bond or deposit for any nonprofit 2,566
organization, or group of such organizations approved by the 2,567
administrator under division (D) of this section, that is 2,568
determined by the administrator to be liable for payments in lieu 2,569
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 2,570
deposit for any renewed elections under division (C)(2)(b) of 2,571
this section effective during that period shall not exceed one 2,572
million two hundred fifty thousand dollars. The required bond or 2,573
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 2,574
this section, that is determined to be liable for payments in 2,575
lieu of contributions effective on and after January 1, 1998, and 2,576
the required bond or deposit for any renewed elections effective 2,577
64
on and after January 1, 1998, shall not exceed two million 2,578
dollars.
(3) If any nonprofit organization fails to file a bond or 2,580
make a deposit, or to file a bond in an increased amount or to 2,581
make whole the amount of a previously made deposit, as provided 2,582
under this division, the administrator may terminate the 2,583
organization's election to make payments in lieu of contributions 2,584
effective for the quarter following such failure and the 2,585
termination shall continue for not less than the remainder of 2,586
that calendar year and the next calendar year, beginning with the 2,587
quarter in which the termination becomes effective; except that 2,588
the administrator may extend for good cause the applicable 2,589
filing, deposit or adjustment period by not more than thirty 2,590
days. 2,591
(D)(1) Two or more nonprofit organizations that have 2,593
become liable for payments in lieu of contributions, in 2,594
accordance with division (A) of this section, may file a joint 2,595
application to the administrator for the establishment of the 2,596
group account for the purpose of sharing the cost of benefits 2,597
paid that are attributable to service in the employ of those 2,598
employers. Notwithstanding division (E) of section 4141.242 of 2,599
the Revised Code, hospitals operated by this state or a political 2,600
subdivision may participate in a group account with nonprofit 2,601
organizations under the procedures set forth in this section. 2,602
Each application shall identify and authorize a group 2,603
representative to act as the group's agent for the purposes of 2,604
this division. 2,605
(2) Upon the administrator's approval of the application, 2,607
the administrator shall establish a group account for the 2,608
employers effective as of the beginning of the calendar quarter 2,609
in which he THE ADMINISTRATOR receives the application and shall 2,610
notify the group's representative of the effective date of the 2,611
account. The account shall remain in effect for not less than 2,612
two years and thereafter until terminated by the administrator or 2,613
65
upon application by the group. 2,614
(3) Upon establishment of the account, each member of the 2,616
group shall be liable, in the event that the group representative 2,617
fails to pay any bill issued to it pursuant to division (B) of 2,618
this section, for payments in lieu of contributions with respect 2,619
to each calendar quarter in the amount that bears the same ratio 2,620
to the total benefits paid in the quarter that are attributable 2,621
to service performed in the employ of all members of the group as 2,622
the total wages paid for service in employment by the member in 2,623
the quarter bear to the total wages paid during the quarter for 2,624
service performed in the employ of all members of the group. 2,625
(4) The administrator shall adopt regulations as 2,627
considered necessary with respect to the following: applications 2,628
for establishment, bonding, maintenance, and termination of group 2,629
accounts that are authorized by this section; addition of new 2,630
members to and withdrawal of active members from such accounts; 2,631
and the determination of the amounts that are payable under this 2,632
division by the group representative and in the event of default 2,633
in payment by the group representative, members of the group, and 2,634
the time and manner of payments. 2,635
Sec. 4141.25. (A) Wages paid for services in a public 2,644
service job as defined in the "Comprehensive Employment and 2,645
Training Act of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, 2,646
shall not be subject to contribution to the extent that wages are 2,647
paid with funds provided under that federal act and are not 2,648
subject to the tax imposed by the "Federal Unemployment Tax Act," 2,649
53 Stat. 183 (1939), 26 U.S.C.A. 3301, and that benefits based on 2,650
those services are reimbursed to this state by the federal 2,651
government. 2,652
(B) An employer who first becomes subject to this chapter 2,654
as a contributory employer shall pay the average contribution 2,655
rate computed for the industry in which the employer is engaged, 2,656
or a rate of three per cent, whichever is greater, until there 2,657
have been four consecutive calendar quarters, ending on the 2,658
66
thirtieth day of June prior to the computation date throughout 2,659
which the employer's account was chargeable with benefits. Upon 2,660
expiration of this qualifying period, the rate shall then be 2,661
computed in accordance with division (C) of this section. The 2,662
"average contribution rate" for the industry as used in this 2,663
division means the most recent annual average rate reported by 2,664
the bureau of employment services contained in report RS 203.2. 2,665
(C) The administrator of the bureau of employment services 2,667
shall determine as of each computation date the contribution rate 2,668
of each CONTRIBUTING employer SUBJECT TO THIS CHAPTER for the 2,669
next succeeding contribution period. THE ADMINISTRATOR SHALL 2,670
DETERMINE A STANDARD RATE OF CONTRIBUTION OR AN EXPERIENCE RATE 2,671
FOR EACH CONTRIBUTING EMPLOYER. Once a rate of contribution has 2,672
been established under this section for a contribution period, 2,674
except as provided in division (D) of section 4141.26 of the 2,675
Revised Code, that rate shall remain effective throughout such 2,676
contribution period. The rate of contribution shall be 2,677
determined in accordance with the following requirements: 2,678
(1) An EMPLOYER WHOSE EXPERIENCE DOES NOT MEET THE TERMS 2,680
OF DIVISION (A)(2) OF THIS SECTION SHALL BE ASSIGNED A STANDARD 2,681
RATE OF CONTRIBUTION. EFFECTIVE FOR CONTRIBUTION PERIODS 2,682
BEGINNING ON AND AFTER JANUARY 1, 1998, AN employer's standard 2,684
rate of contribution shall be A RATE OF TWO AND SEVEN-TENTHS PER 2,685
CENT, EXCEPT THAT THE RATE FOR EMPLOYERS ENGAGED IN THE 2,686
CONSTRUCTION INDUSTRY SHALL BE the average contribution rate 2,687
computed for the CONSTRUCTION industry in which the employer is 2,688
engaged or as set forth in division (B) of this section OR A RATE 2,689
OF TWO AND SEVEN-TENTHS PER CENT, whichever is greater, unless 2,690
there have been four consecutive calendar quarters, ending on the 2,691
thirtieth day of June prior to the computation date, throughout 2,692
which the employer's account was chargeable with benefits, 2,693
including an employer whose account is reactivated before being 2,694
terminated under division (E) of section 4141.24 of the Revised 2,695
Code. In the latter event any balance in the prior account, 2,696
67
either a positive or negative balance as described in division 2,697
(C)(3) of this section, shall be included in the reactivated 2,698
account. The standard rate set forth in THIS division (C)(1) of 2,699
this section shall be applicable to a nonprofit organization 2,700
whose election to make payments in lieu of contributions is 2,701
voluntarily terminated or canceled by the administrator under 2,702
section 4141.241 of the Revised Code, and thereafter pays 2,703
contributions as required by this section. If such nonprofit 2,704
organization had been a contributory employer prior to its 2,705
election to make payments in lieu of contributions, then any 2,706
prior balance in the contributory account shall become part of 2,707
the reactivated account.
AS USED IN DIVISION (A) OF THIS SECTION, "THE AVERAGE 2,710
CONTRIBUTION RATE COMPUTED FOR THE CONSTRUCTION INDUSTRY" MEANS
THE MOST RECENT ANNUAL AVERAGE RATE ATTRIBUTABLE TO THE 2,712
CONSTRUCTION INDUSTRY AS PRESCRIBED BY THE ADMINISTRATOR. 2,713
(2) A CONTRIBUTING EMPLOYER SUBJECT TO THIS CHAPTER SHALL 2,715
QUALIFY FOR AN EXPERIENCE RATE ONLY IF THE EMPLOYER HAD NO MORE 2,716
THAN THREE CONSECUTIVE QUARTERS WITHOUT EMPLOYMENT SUBJECT TO 2,717
THIS CHAPTER DURING THE FIRST SEVEN OF THE EIGHT COMPLETED 2,718
CALENDAR QUARTERS IMMEDIATELY PRIOR TO THE COMPUTATION DATE. 2,719
Upon MEETING the expiration of the qualifying period REQUIREMENTS 2,720
provided for in division (C)(1)(A)(2) of this section, and as of 2,721
each computation date thereafter, the administrator shall 2,722
calculate the total credits to each employer's account consisting 2,723
of the contributions other than mutualized contributions 2,724
including all contributions paid prior to the computation date 2,725
for all past periods plus: 2,726
(a) The contributions owing on the computation date that 2,728
are paid within thirty days after the computation date, and 2,729
credited to the employer's account; 2,730
(b) All voluntary contributions paid by an employer 2,732
pursuant to division (B) of section 4141.24 of the Revised Code. 2,733
(3) The administrator shall also SHALL determine the 2,735
68
benefits which are chargeable to each employer's account and 2,737
which were paid prior to the computation date with respect to 2,738
weeks of unemployment ending prior to the computation date. The 2,739
administrator shall then SHALL determine the positive or negative 2,741
balance of each employer's account by calculating the excess of 2,742
such contributions and interest over the benefits chargeable, or 2,743
the excess of such benefits over such contributions and interest. 2,744
Any resulting negative balance shall then SHALL be subject to 2,745
adjustment as provided in division (A)(2) of section 4141.24 of 2,746
the Revised Code after which the positive or negative balance 2,747
shall be expressed in terms of a percentage of the employer's 2,748
average annual payroll. If the total standing to the credit of 2,749
an employer's account exceeds the total charges, as provided in 2,750
this division, the employer has a positive balance and if such 2,751
charges exceed such credits the employer has a negative balance. 2,752
Each employer's contribution rate shall then be determined in 2,753
accordance with the following schedule: 2,754
Contribution Rate Schedule 2,755
If, as of the computation date The employer's 2,764
the contribution rate balance of contribution rate for 2,765
an employer's account as a the next succeeding 2,766
percentage of the employer's contribution period 2,767
average annual payroll is shall be 2,768
(a) A negative balance of: 2,771
20.0% or more 6.5% 2,772
19.0% but less than 20.0% 6.4% 2,773
17.0% but less than 19.0% 6.3% 2,774
15.0% but less than 17.0% 6.2% 2,775
13.0% but less than 15.0% 6.1% 2,776
11.0% but less than 13.0% 6.0% 2,777
9.0% but less than 11.0% 5.9% 2,778
5.0% but less than 9.0% 5.7% 2,779
4.0% but less than 5.0% 5.5% 2,780
3.0% but less than 4.0% 5.3% 2,781
69
2.0% but less than 3.0% 5.1% 2,782
1.0% but less than 2.0% 4.9% 2,783
more than 0.0% but less than 1.0% 4.8% 2,784
(b) A 0.0% or a positive 2,785
balance of less than 1.0% 4.7% 2,786
(c) A positive balance of: 2,787
1.0% or more, but less than 1.5% 4.6% 2,788
1.5% or more, but less than 2.0% 4.5% 2,789
2.0% or more, but less than 2.5% 4.3% 2,790
2.5% or more, but less than 3.0% 4.0% 2,791
3.0% or more, but less than 3.5% 3.8% 2,792
3.5% or more, but less than 4.0% 3.5% 2,793
4.0% or more, but less than 4.5% 3.3% 2,794
4.5% or more, but less than 5.0% 3.0% 2,795
5.0% or more, but less than 5.5% 2.8% 2,796
5.5% or more, but less than 6.0% 2.5% 2,797
6.0% or more, but less than 6.5% 2.2% 2,798
6.5% or more, but less than 7.0% 2.0% 2,799
7.0% or more, but less than 7.5% 1.8% 2,800
7.5% or more, but less than 8.0% 1.6% 2,801
8.0% or more, but less than 8.5% 1.4% 2,802
8.5% or more, but less than 9.0% 1.3% 2,803
9.0% or more, but less than 9.5% 1.1% 2,804
9.5% or more, but less than 10.0% 1.0% 2,805
10.0% or more, but less than 10.5% .9% 2,806
10.5% or more, but less than 11.0% .7% 2,807
11.0% or more, but less than 11.5% .6% 2,808
11.5% or more, but less than 12.0% .5% 2,809
12.0% or more, but less than 12.5% .4% 2,810
12.5% or more, but less than 13.0% .3% 2,811
13.0% or more, but less than 14.0% .2% 2,812
14.0% or more .1% 2,813
(d) The contribution rates shall be as specified in 2,816
divisions (a), (b), and (c) of the contribution rate schedule 2,817
70
except that notwithstanding the amendments made to division (a) 2,818
of the contribution rate schedule in this section, if, as of the 2,819
computation date: for 1991, the negative balance is 5.0% or 2,820
more, the contribution rate shall be 5.7%; for 1992, if the 2,821
negative balance is 11.0% or more, the contribution rate shall be 2,822
6.0%; and for 1993, if the negative balance is 17.0% or more, the 2,823
contribution rate shall be 6.3%. Thereafter, the contribution 2,824
rates shall be as specified in the contribution rate schedule. 2,825
(D)(B)(1) The administrator shall establish and maintain a 2,827
separate account to be known as the "mutualized account." As of 2,828
each computation date there shall be charged to this account: 2,829
(a) As provided in division (A)(2) of section 4141.24 of 2,831
the Revised Code, an amount equal to the sum of that portion of 2,832
the negative balances of employer accounts which exceeds the 2,833
applicable limitations as such balances are computed under 2,834
division (C)(A) of this section as of such date; 2,835
(b) An amount equal to the sum of the negative balances 2,837
remaining in employer accounts which have been closed during the 2,838
year immediately preceding such computation date pursuant to 2,839
division (E) of section 4141.24 of the Revised Code; 2,840
(c) An amount equal to the sum of all benefits improperly 2,842
paid preceding such computation date which are not recovered but 2,843
which are not charged to an employer's account, or which after 2,844
being charged, are credited back to an employer's account; 2,845
(d) An amount equal to the sum of any other benefits paid 2,847
preceding such computation date which, under this chapter, are 2,848
not chargeable to an employer's account; 2,849
(e) An amount equal to the sum of any refunds made during 2,851
the year immediately preceding such computation date of 2,852
erroneously collected mutualized contributions required by this 2,853
division which were previously credited to this account; 2,854
(f) An amount equal to the sum of any repayments made to 2,856
the federal government during the year immediately preceding such 2,857
computation date of amounts which may have been advanced by it to 2,858
71
the unemployment compensation fund under section 1201 of the 2,859
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 2,860
(g) Any amounts appropriated by the general assembly out 2,862
of funds paid by the federal government, under section 903 of the 2,863
"Social Security Act," to the account of this state in the 2,864
federal unemployment trust fund. 2,865
(2) As of every computation date there shall be credited 2,867
to the mutualized account provided for in this division: 2,868
(a) The proceeds of the mutualized contributions as 2,870
provided in this division; 2,871
(b) Any positive balances remaining in employer accounts 2,873
which are closed as provided in division (E) of section 4141.24 2,874
of the Revised Code; 2,875
(c) Any benefits improperly paid which are recovered but 2,877
which cannot be credited to an employer's account; 2,878
(d) All amounts which may be paid by the federal 2,880
government under section 903 of the "Social Security Act" to the 2,881
account of this state in the federal unemployment trust fund; 2,882
(e) Amounts advanced by the federal government to the 2,884
account of this state in the federal unemployment trust fund 2,885
under section 1201 of the "Social Security Act" to the extent 2,886
such advances have been repaid to or recovered by the federal 2,887
government; 2,888
(f) Interest credited to the Ohio unemployment trust fund 2,890
as deposited with the secretary of the treasury of the United 2,891
States. 2,892
(3) Annually, as of the computation date, the 2,894
administrator shall determine the total credits and charges made 2,895
to the mutualized account during the preceding twelve months and 2,896
the overall condition of the account. The administrator shall 2,897
issue an annual statement containing this information and such 2,899
other information as the administrator deems pertinent, including 2,900
a report that the sum of the balances in the mutualized account, 2,902
employers' accounts, and any subsidiary accounts equal the 2,903
72
balance in the state's unemployment trust fund maintained under 2,904
section 904 of the "Social Security Act." 2,905
(4) As used in this division: 2,907
(a) "Fund as of the computation date" means as of any 2,909
computation date, the aggregate amount of the unemployment 2,910
compensation fund, including all contributions owing on the 2,911
computation date that are paid within thirty days thereafter, all 2,912
payments in lieu of contributions that are paid within sixty days 2,913
after the computation date, all reimbursements of the federal 2,914
share of extended benefits described in section 4141.301 of the 2,915
Revised Code that are owing on the computation date, and all 2,916
interest earned by the fund and received on or before the 2,917
computation date from the federal government. 2,918
(b) "Minimum safe level" means an amount equal to two 2,920
standard deviations above the average of the adjusted annual 2,921
average unemployment compensation benefit payment from 1970 to 2,922
the most recent calendar year prior to the computation date, as 2,923
determined by the administrator pursuant to division (D)(B)(4)(b) 2,925
of this section. To determine the adjusted annual payment of 2,926
unemployment compensation benefits, the administrator first shall 2,927
multiply the number of weeks compensated during each calendar 2,928
year beginning with 1970 by the most recent annual average weekly 2,929
unemployment compensation benefit payment and then compute the 2,930
average and standard deviation of the resultant products. 2,931
(c) "Annual average weekly unemployment compensation 2,933
benefit payment" means the amount resulting from dividing the 2,934
unemployment compensation benefits paid from the benefit account 2,935
maintained within the unemployment compensation fund pursuant to 2,936
section 4141.09 of the Revised Code, by the number of weeks 2,937
compensated during the same time period. 2,938
(5) If, as of any computation date, the charges to the 2,940
mutualized account during the entire period subsequent to the 2,941
computation date, July 1, 1966, made in accordance with division 2,942
(D)(B)(1) of this section, exceed the credits to such account 2,943
73
including mutualized contributions during such period, made in 2,944
accordance with division (D)(B)(2) of this section, the amount of 2,946
such excess charges shall be recovered during the next 2,947
contribution period. To recover such amount, the administrator 2,948
shall compute the percentage ratio of such excess charges to the 2,949
average annual payroll of all employers eligible for an 2,950
experience rate under division (C)(A) of this section. The 2,951
percentage so determined shall be computed to the nearest tenth 2,952
of one per cent and shall be an additional contribution rate to 2,953
be applied to the wages paid by each employer whose rate is 2,954
computed under the provisions of division (C)(A) of this section 2,956
in the contribution period next following such computation date, 2,957
but such percentage shall not exceed five-tenths of one per cent; 2,958
however, when there are any excess charges in the mutualized 2,959
account, as computed in this division, then the mutualized 2,960
contribution rate shall not be less than one-tenth of one per 2,961
cent. 2,962
(6) If the fund as of the computation date is above or 2,964
below minimum safe level, the contribution rates provided for in 2,965
each classification in division (C)(A)(3) of this section for the 2,967
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 2,969
safe level, the contribution rates provided in division (C)(A)(3) 2,971
of this section shall be decreased two-tenths of one per cent. 2,972
(b) If the fund is more than fifteen per cent but less 2,974
than thirty per cent above minimum safe level, the contribution 2,975
rates provided in division (C)(A)(3) of this section shall be 2,976
decreased one-tenth of one per cent. 2,977
(c) If the fund is more than fifteen per cent but less 2,979
than thirty per cent below minimum safe level, the contribution 2,980
rates of all employers shall be increased twenty-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
(d) If the fund is more than thirty per cent but less than 2,986
forty-five per cent below minimum safe level, the contribution 2,987
rates of all employers shall be increased seventy-five 2,988
one-thousandths of one per cent plus a per cent increase 2,989
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,991
section.
(e) If the fund is more than forty-five per cent but less 2,993
than sixty per cent below minimum safe level, the contribution 2,994
rates of all employers shall be increased one-eighth of one per 2,995
cent plus a per cent increase calculated and rounded pursuant to 2,996
division (D)(B)(6)(g) of this section. 2,997
(f) If the fund is sixty per cent or more below minimum 2,999
safe level, the contribution rates of all employers shall be 3,000
increased two-tenths of one per cent plus a per cent increase 3,001
calculated and rounded pursuant to division (D)(B)(6)(g) of this 3,003
section.
(g) The additional per cent increase in contribution rates 3,005
required by divisions (D)(B)(6)(c), (d), (e), and (f) of this 3,006
section that is payable by each individual employer shall be 3,007
calculated in the following manner. The flat rate increase 3,008
required by a particular division shall be multiplied by three 3,009
and the product divided by the average experienced-rated 3,010
contribution rate for all employers as determined by the 3,011
administrator for the most recent calendar year. The resulting 3,012
quotient shall be multiplied by an individual employer's 3,013
contribution rate determined pursuant to division (C)(A)(3) of 3,014
this section. The resulting product shall be rounded to the 3,016
nearest tenth of one per cent, added to the flat rate increase 3,017
required by division (D)(B)(6)(c), (d), (e), or (f) of this 3,018
section, as appropriate, and the total shall be rounded to the 3,019
nearest tenth of one per cent. As used in division (D)(B)(6)(g) 3,020
of this section, the "average experienced-rated contribution 3,022
rate" means the most recent annual average contribution rate 3,023
reported by the bureau contained in report RS 203.2 less the 3,024
75
mutualized and minimum safe level contribution rates included in 3,025
such rate.
(h) If any of the increased contribution rates of division 3,027
(D)(B)(6)(c), (d), (e), or (f) of this section are imposed, the 3,029
rate shall remain in effect for the calendar year in which it is 3,030
imposed and for each calendar year thereafter until the 3,031
administrator determines as of the computation date for calendar 3,032
year 1991 and as of the computation date for any calendar year 3,033
thereafter pursuant to this section, that the level of the 3,034
unemployment compensation fund equals or exceeds the minimum safe 3,035
level as defined in division (D)(B)(4)(b) of this section. 3,036
Nothing in division (D)(B)(6)(h) of this section shall be 3,038
construed as restricting the imposition of the increased 3,039
contribution rates provided in divisions (D)(B)(6)(c), (d), (e), 3,040
and (f) of this section if the fund falls below the percentage of 3,041
the minimum safe level as specified in those divisions. 3,042
(7) The additional contributions required by division 3,045
(D)(B)(5) of this section shall be credited to the mutualized
account. The additional contributions required by division 3,047
(D)(B)(6) of this section shall be credited fifty per cent to
individual employer accounts and fifty per cent to the mutualized 3,048
account. 3,049
(E)(C) If an employer makes a payment of contributions 3,051
which is less than the full amount required by divisions (C)(A) 3,052
and (D)(B) of this section, such partial payment shall be applied 3,054
first against the mutualized contributions required under 3,055
division (D)(B) of this section, including the additional 3,057
contributions required under division (D)(B)(6) of this section. 3,058
Any remaining partial payment shall be credited to the employer's 3,060
individual account.
(F)(D) Whenever there are any increases in contributions 3,062
resulting from an increase in wages subject to contributions as 3,063
defined in division (G) of section 4141.01 of the Revised Code, 3,064
or from an increase in the mutualized rate of contributions 3,065
76
provided in division (D)(B) of this section, or from a revision 3,067
of the contribution rate schedule provided in division (C)(A) of 3,068
this section, except for that portion of the increase 3,070
attributable to a change in the positive or negative balance in 3,071
an employer's account, which increases become effective after a 3,072
contract for the construction of real property, as defined in 3,073
section 5701.02 of the Revised Code, has been entered into, the 3,074
contractee upon written notice by a prime contractor shall 3,075
reimburse the contractor for all increased contributions paid by 3,076
the prime contractor or by subcontractors upon wages for services 3,077
performed under the contract. Upon reimbursement by the 3,078
contractee to the prime contractor, the prime contractor shall 3,079
reimburse each subcontractor for the increased contributions. 3,080
(G)(E) Effective only for the contribution period 3,082
beginning on January 1, 1996, and ending on December 31, 1996, 3,083
mutualized contributions collected or received by the 3,084
administrator pursuant to division (D)(B)(5) of this section and 3,086
amounts credited to the mutualized account pursuant to division
(D)(B)(7) of this section shall be deposited into or credited to 3,088
the unemployment compensation benefit reserve fund that is 3,089
created under division (H)(F) of this section, except that 3,090
amounts collected, received, or credited in excess of two hundred 3,092
million dollars shall be deposited into or credited to the 3,093
unemployment trust fund established pursuant to section 4141.09 3,095
of the Revised Code.
(H)(F) The state unemployment compensation benefit reserve 3,098
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. 3,099
The fund shall consist of all moneys collected or received as 3,101
mutualized contributions pursuant to division (D)(B)(5) of this 3,102
section and amounts credited to the mutualized account pursuant 3,103
to division (D)(B)(7) of this section as provided by division 3,105
(G)(E) of this section. All moneys in the fund shall be used 3,107
solely to pay unemployment compensation benefits in the event 3,108
77
that funds are no longer available for that purpose from the
unemployment trust fund established pursuant to section 4141.09 3,109
of the Revised Code. 3,110
(I)(G) The balance in the unemployment compensation 3,112
benefit reserve fund remaining at the end of the contribution 3,114
period beginning January 1, 2000, and any mutualized contribution 3,115
amounts for the contribution period beginning on January 1, 1996, 3,116
that may be received after December 31, 2000, shall be deposited 3,117
into the unemployment trust fund established pursuant to section 3,118
4141.09 of the Revised Code. Income earned on moneys in the 3,120
state unemployment compensation benefit reserve fund shall be 3,121
available for use by the administrator of the bureau of
employment services only for the purposes described in division 3,122
(K)(I) of this section, and shall not be used for any other 3,123
purpose.
(J)(H) The unemployment compensation benefit reserve fund 3,125
balance shall be added to the unemployment trust fund balance in 3,127
determining the minimum safe level tax to be imposed pursuant to 3,128
division (D)(B) of this section and shall be included in the 3,130
mutualized account balance for the purpose of determining the 3,131
mutualized contribution rate pursuant to division (D)(B)(5) of 3,132
this section.
(K)(I) All income earned on moneys in the unemployment 3,134
compensation benefit reserve fund from the investment of the fund 3,136
by the treasurer of state shall accrue to the bureau of 3,137
employment services automation administration fund, which is 3,138
hereby established in the state treasury. Moneys within the 3,139
automation administration fund shall be used to meet the costs 3,141
related to automation of the bureau and the administrative costs 3,142
related to collecting and accounting for unemployment
compensation benefit reserve fund revenue. Any funds remaining 3,143
in the automation administration fund upon completion of the 3,144
bureau's automation projects that are funded by that fund shall 3,145
be deposited into the unemployment trust fund established 3,146
78
pursuant to section 4141.09 of the Revised Code. 3,147
(L)(J) The administrator shall prepare and submit monthly 3,149
reports to the unemployment compensation advisory commission with 3,151
respect to the status of efforts to collect and account for 3,152
unemployment compensation benefit reserve fund revenue and the 3,153
costs related to collecting and accounting for that revenue. The 3,154
administrator shall obtain approval from the unemployment
compensation advisory commission for expenditure of funds from 3,156
the bureau of employment services automation administration fund. 3,157
Funds may be approved for expenditure for purposes set forth in 3,158
division (K)(I) of this section only to the extent that federal 3,160
or other funds are not available.
Sec. 4141.26. (A) As soon as practicable after the first 3,169
day of September but not later than the first day of December of 3,170
each year, the administrator of the bureau of employment services 3,171
shall notify each employer of the employer's contribution rate as 3,173
determined for the next ensuing contribution period pursuant to
section 4141.25 of the Revised Code provided the employer has 3,174
furnished the bureau of employment services, by the first day of 3,175
September following the computation date, with the wage 3,176
information for all past periods necessary for the computation of 3,177
the contribution rate. 3,178
(B)(1) In the case of contribution rates applicable to 3,180
contribution periods beginning on or before December 31, 1992, if 3,181
the employer has not furnished the necessary wage information, 3,182
the employer's contribution rate for such contribution period 3,184
shall be the maximum rate provided in such section, except that, 3,185
if the employer files the necessary wage information by the end 3,186
of the thirtieth day following the issuance of the maximum rate 3,187
notice, the employer's rate then shall be computed as provided in 3,188
section 4141.25 of the Revised Code. 3,189
(2) In the case of contribution rates applicable to 3,191
contribution periods beginning on or after January 1, 1993, and 3,192
before January 1, 1995, if the employer has not furnished the 3,193
79
necessary wage information, the employer's contribution rate for 3,195
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 3,196
assigned at the maximum rate provided in that section, with the 3,197
following exceptions: 3,198
(a) If the employer files the necessary wage information 3,200
by December thirty-first of the year immediately preceding the 3,201
contribution period for which the rate is to be effective, the 3,202
employer's rate then shall be computed as provided in division 3,203
(C)(A) of section 4141.25 of the Revised Code. 3,204
(b) The administrator may waive the maximum contribution 3,206
rate assigned pursuant to division (B)(2) of this section if the 3,207
employer meets all of the following conditions within thirty days 3,208
after the administrator mails the notice of the maximum 3,209
contribution rate assigned pursuant to division (B)(2) of this 3,210
section: 3,211
(i) Provides to the administrator a written request for 3,213
waiver of the maximum contribution rate, clearly demonstrating 3,214
that failure to timely furnish the wage information as required 3,215
by division (A) of this section was a result of circumstances 3,216
beyond the control of the employer or the employer's agent, 3,217
except that negligence on the part of the employer shall not be 3,218
considered beyond the control of the employer or the employer's 3,219
agent;
(ii) Furnishes to the administrator all of the wage 3,221
information as required by division (A) of this section and all 3,222
quarterly reports due pursuant to section 4141.20 of the Revised 3,223
Code; 3,224
(iii) Pays in full all contributions, payments in lieu of 3,226
contributions, interest, forfeiture, and fines for each quarter 3,227
for which such payments are due. 3,228
(3) In the case of contribution rates applicable to 3,230
contribution periods beginning on or after January 1, 1995, if 3,231
the employer has not timely furnished the necessary wage 3,232
80
information as required by division (A) of this section, the 3,233
employer's contribution rate for such contribution period shall 3,234
not be computed as provided in section 4141.25 of the Revised 3,235
Code, but instead shall be assigned a contribution rate equal to 3,236
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 3,237
(a) If the employer files the necessary wage information 3,239
by the thirty-first day of December of the year immediately 3,240
preceding the contribution period for which the rate is to be 3,241
effective, the employer's rate shall be computed as provided in 3,242
division (C)(A) of section 4141.25 of the Revised Code; 3,243
(b) The administrator may waive the contribution rate 3,245
assigned pursuant to division (B)(3) of this section if the 3,246
employer meets all of the following conditions within thirty days 3,247
after the administrator mails to the employer the notice of the 3,248
contribution rate assigned pursuant to division (B)(3) of this 3,249
section: 3,250
(i) Provides to the administrator a written request for 3,252
waiver of the contribution rate, clearly demonstrating that the 3,253
failure to timely furnish the wage information as required by 3,254
division (A) of this section was a result of circumstances beyond 3,255
the control of the employer or the employer's agent, except that 3,257
negligence on the part of the employer shall not be considered to
be beyond the control of the employer or the employer's agent; 3,258
(ii) Furnishes to the administrator all of the wage 3,260
information as required by division (A) of this section and all 3,261
quarterly reports due pursuant to section 4141.20 of the Revised 3,262
Code; 3,263
(iii) Pays in full all contributions, payments in lieu of 3,265
contributions, interest, forfeiture, and fines for each quarter 3,266
for which such payments are due. 3,267
(c) The administrator shall revise the contribution rate 3,269
of an employer who has not timely furnished the necessary wage 3,270
information as required by division (A) of this section, who has 3,271
81
been assigned a contribution rate pursuant to division (B)(3) of 3,272
this section, and who does not meet the requirements of division 3,273
(B)(3)(a) or (b) of this section, if the employer furnishes the 3,274
necessary wage information to the administrator within thirty-six 3,275
months following the thirty-first day of December of the year 3,276
immediately preceding the contribution period for which the rate 3,277
is to be effective. The revised rate under division (B)(3)(c) of 3,278
this section shall be equal to one hundred twenty per cent of the 3,279
contribution rate that would have resulted if the employer had 3,280
timely furnished the necessary wage information under division 3,281
(A) of this section. 3,282
(4) The administrator shall deny an employer's request for 3,284
a waiver of the requirement that the employer's contribution rate 3,285
be the maximum rate under division (B)(2)(b) of this section, or 3,286
be the rate assigned under division (B)(3)(b) of this section, or 3,287
for a revision of the employer's rate as provided in division 3,289
(B)(3)(c) of this section if the administrator finds that the 3,290
employer's failure to timely file the necessary wage information
was due to an attempt to evade payment. 3,291
(5) The administrator shall round the contribution rates 3,293
the administrator determines under this division to the nearest 3,295
tenth of one per cent.
(C) If, as a result of the computation pursuant to 3,297
division (B) of this section, the employer's account shows a 3,298
negative balance in excess of the applicable limitations, in that 3,299
computation, the excess above applicable limitations shall not be 3,300
transferred from the account as provided in division (A)(2) of 3,301
section 4141.24 of the Revised Code. 3,302
(D) The rate determined pursuant to this section and 3,304
section 4141.25 of the Revised Code shall become binding upon the 3,305
employer unless: 3,306
(1) The employer makes a voluntary contribution as 3,308
provided in division (B) of section 4141.24 of the Revised Code, 3,309
whereupon the administrator shall issue the employer a revised 3,310
82
contribution rate notice if the contribution changes the 3,311
employer's rate; or
(2) Within thirty days after the mailing of notice of the 3,313
employer's rate or a revision of it to the employer's last known 3,315
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 3,316
an application with the administrator for reconsideration of the 3,317
administrator's determination of such rate setting forth reasons 3,318
for such request. The administrator shall promptly examine the 3,320
application for reconsideration and shall notify the employer of 3,321
the administrator's reconsidered decision, which shall become 3,322
final unless, within thirty days after the mailing of such notice
by certified mail, return receipt requested, the employer files 3,323
an application for review of such decision with the unemployment 3,324
compensation review commission. The commission shall promptly 3,325
examine the application for review of the administrator's 3,326
decision and shall grant such employer an opportunity for a fair 3,327
hearing. The proceeding at the hearing before the commission 3,328
shall be recorded in the means and manner prescribed by the 3,329
commission. For the purposes of this division, the review is 3,330
considered timely filed when it has been received as provided in 3,331
division (I)(2) of section 4141.28 of the Revised Code. 3,332
The employer and the administrator shall be promptly 3,334
notified of the commission's decision, which shall become final 3,335
unless, within thirty days after the mailing of notice of it to 3,336
the employer's last known address by certified mail, return 3,337
receipt requested, or, in the absence of mailing, within thirty 3,338
days after delivery of such notice, an appeal is taken by the 3,339
employer or the administrator to the court of common pleas of 3,340
Franklin county. Such appeal shall be taken by the employer or 3,341
the administrator by filing a notice of appeal with the clerk of 3,342
such court and with the commission. Such notice of appeal shall 3,344
set forth the decision appealed and the errors in it complained
of. Proof of the filing of such notice with the commission shall 3,345
83
be filed with the clerk of such court. 3,346
The commission, upon written demand filed by the appellant 3,348
and within thirty days after the filing of such demand, shall 3,349
file with the clerk a certified transcript of the record of the 3,350
proceedings before the commission pertaining to the determination 3,351
or order complained of, and the appeal shall be heard upon such 3,352
record certified to the commission. In such appeal, no 3,353
additional evidence shall be received by the court, but the court 3,354
may order additional evidence to be taken before the commission, 3,355
and the commission, after hearing such additional evidence, shall 3,356
certify such additional evidence to the court or it may modify 3,357
its determination and file such modified determination, together 3,358
with the transcript of the additional record, with the court. 3,359
After an appeal has been filed in the court, the commission, by 3,360
petition, may be made a party to such appeal. Such appeal shall 3,361
be given precedence over other civil cases. The court may affirm 3,362
the determination or order complained of in the appeal if it 3,363
finds, upon consideration of the entire record, that the 3,364
determination or order is supported by reliable, probative, and 3,365
substantial evidence and is in accordance with law. In the 3,366
absence of such a finding, it may reverse, vacate, or modify the 3,367
determination or order or make such other ruling as is supported 3,368
by reliable, probative, and substantial evidence and is in 3,369
accordance with law. The judgment of the court shall be final 3,370
and conclusive unless reversed, vacated, or modified on appeal. 3,371
An appeal may be taken from the decision of the court of common 3,372
pleas of Franklin county. 3,373
(E) The appeal provisions of division (D) of this section 3,375
apply to all other determinations and orders of the administrator 3,376
affecting the liability of an employer to pay contributions or 3,377
the amount of such contributions, determinations respecting 3,378
application for refunds of contributions, determinations 3,379
respecting applications for classification of employment as 3,380
seasonal under section 4141.33 of the Revised Code, and 3,381
84
exceptions to charges of benefits to an employer's account as 3,382
provided in division (D) of section 4141.24 of the Revised Code. 3,383
(F) The validity of any general order or rule of the 3,385
administrator adopted pursuant to this chapter or of any final 3,386
order or action of the unemployment compensation review 3,387
commission respecting any such general order or rule may be 3,388
determined by the court of common pleas of Franklin county, and 3,389
such general order, rule, or action may be sustained or set aside 3,390
by the court on an appeal to it which may be taken by any person 3,391
affected by the order, rule, or action in the manner provided by 3,392
law. Such appeal to the court of common pleas of Franklin county 3,393
shall be filed within thirty days after the date such general 3,394
order, rule, or action was publicly released by the administrator 3,395
or the commission. Either party to such action may appeal from 3,396
the court of common pleas of Franklin county as in ordinary civil 3,397
cases.
(G) Notwithstanding any determination made in pursuance of 3,399
sections 4141.23 to 4141.26 of the Revised Code, no individual 3,400
who files a claim for benefits shall be denied the right to a 3,401
fair hearing as provided in section 4141.28 of the Revised Code, 3,402
or the right to have a claim determined on the merits of it. 3,403
(H)(1) Notwithstanding division (D) of this section, if 3,405
the administrator finds that an omission or error in bureau 3,406
records or employer reporting caused the administrator to issue 3,407
an erroneous determination or order affecting contribution rates, 3,408
the liability of an employer to pay contributions or the amount 3,409
of such contributions, determinations respecting applications for 3,410
refunds of contributions, determinations respecting applications 3,411
for classification of employment as seasonal STATUS under section 3,413
4141.33 of the Revised Code, or exceptions to charges of benefits 3,414
to an employer's account as provided in division (D) of section 3,415
4141.24 of the Revised Code, the administrator may issue a 3,416
corrected determination or order correcting the erroneous 3,417
determination or order, except as provided in division (H)(2) of 3,418
85
this section. 3,419
(2) The administrator may not issue a corrected 3,421
determination or order correcting an erroneous determination or 3,422
order if both of the following apply: 3,423
(a) The erroneous determination or order was caused solely 3,425
by an omission or error of the bureau; 3,426
(b) A correction of the erroneous determination or order 3,428
would adversely affect the employer or any of the employers that 3,429
were parties in interest to the erroneous determination or order. 3,430
A corrected determination or order issued under this 3,432
division takes precedence over and renders void the erroneous 3,433
determination or order and is appealable as provided in division 3,434
(D) of this section. 3,435
Sec. 4141.28. (A) Applications for determination of 3,444
benefit rights and claims for benefits shall be filed with a 3,445
deputy of the administrator of the bureau of employment services 3,446
designated for the purpose. Such applications and claims may 3,447
also be filed with an employee of another state or federal agency 3,448
CHARGED WITH THE DUTY OF ACCEPTING APPLICATIONS AND CLAIMS FOR 3,449
UNEMPLOYMENT BENEFITS or with an employee of the unemployment 3,450
insurance commission of Canada, charged with the duty of 3,451
accepting applications and claims for unemployment benefits. 3,452
When a former employee of a state agency, board, or 3,454
commission that has terminated its operations files an 3,455
application under this division, the former employee shall give 3,456
notice that the agency, board, or commission has terminated its 3,457
operations. All notices or information required to be sent under 3,458
this chapter to or furnished by the applicant's employer shall be 3,459
sent to or furnished by the director of administrative services. 3,460
(B)(1) When an unemployed individual files an application 3,462
for determination of benefit rights, the administrator shall 3,463
furnish the individual with the information specified in division 3,465
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,466
giving instructions for the steps an applicant may take if the 3,467
86
applicant's claim for benefits is disallowed. The pamphlet shall 3,469
state the applicant's right of appeal, clearly describe the 3,470
different levels of appeal, and explain where and when each 3,471
appeal must be filed. In filing an application, the individual 3,472
shall, for the individual's most recent employment, furnish the 3,473
administrator with either:
(a) The information furnished by the employer as provided 3,475
for in division (B)(2) of this section; 3,476
(b) The name and address of the employer for whom the 3,478
individual performed services and the individual's written 3,479
statement of the reason for separation from the employer. 3,480
Where the claimant has furnished information in accordance 3,482
with division (B)(1)(b) of this section, the administrator shall 3,483
promptly send a notice in writing that such filing has been made 3,484
to the individual's most recent SEPARATING employer, which notice 3,485
shall request from the employer the reason for the individual's 3,486
unemployment. The notice shall inform such employer of the 3,488
employer's right, upon request, to be present at a fact-finding 3,490
interview conducted prior to the making of any determination 3,491
under that division. Upon receipt of any request, the claimant 3,492
and the employer making the request shall have at least three 3,493
days' prior notice of the time and place of the fact-finding 3,494
interview. In the conduct of the interview, the administrator is 3,495
not bound by rules of evidence or of procedure for the conduct of 3,496
hearings. The administrator ALSO may request from any base 3,497
period employer information necessary for the determination of 3,498
the applicant's CLAIMANT'S rights to benefits. Information as to 3,499
the reason for unemployment preceding an additional claim shall 3,501
be obtained in the same manner. Requests for such information 3,502
shall be stamped DATED by the administrator with the date on 3,503
which they are mailed. If the employer fails to mail or deliver 3,504
such information within ten working days from the date the 3,505
administrator mailed and date stamped DATED such request, and if 3,506
necessary to assure prompt payment of benefits when due, the 3,507
87
administrator shall make the determination, and shall base the 3,509
determination on such information as is available to the
administrator, which shall include the applicant's CLAIMANT'S 3,510
statement made under division (B)(1)(b) of this section. The 3,512
determination, as it relates to the claimant's determination of 3,513
benefit rights, shall be amended upon receipt of correct 3,514
remuneration information at any time within the benefit year and 3,515
any benefits paid and charged to an employer's account prior to 3,516
the receipt of such information shall be adjusted, effective as 3,517
of the beginning of the claimant's benefit year. 3,518
(2) An employer who separates within any seven-day period 3,520
fifty or more individuals because of lack of work, and these 3,521
individuals upon separation will be unemployed as defined in 3,522
division (R) of section 4141.01 of the Revised Code, shall 3,523
furnish notice to the administrator of the dates of separation 3,524
and the approximate number of individuals being separated. The 3,525
notice shall be furnished at least three working days prior to 3,526
the date of the first day of such separations. In addition, at 3,527
the time of separation the employer shall furnish to the 3,528
individual being separated or to the administrator separation 3,529
information necessary to determine the individual's eligibility, 3,530
on forms and in a manner approved by the administrator. 3,531
An employer who operates multiple business establishments 3,533
at which both the effective authority for hiring and separation 3,534
of employees and payroll information is located and who, because 3,535
of lack of work, separates a total of fifty or more individuals 3,536
at two or more business establishments is exempt from the first 3,537
paragraph of division (B)(2) of this section. This paragraph 3,538
shall not be construed to relieve an employer who operates 3,539
multiple business establishments from complying with division 3,540
(B)(2) of this section where the employer separates fifty or more 3,541
individuals at any business establishment within a seven-day 3,542
period. 3,543
An employer of individuals engaged in connection with the 3,545
88
commercial canning or commercial freezing of fruits and 3,546
vegetables is exempt from the provision of division (B)(2) of 3,547
this section that requires an employer to furnish notice of 3,548
separation at least three working days prior to the date of the 3,549
first day of such separations. 3,550
(3) Where an individual at the time of filing an 3,552
application for determination of benefit rights furnishes 3,553
separation information provided by the employer or where the 3,554
employer has provided the administrator with the information in 3,555
accordance with division (B)(2) of this section, the 3,556
administrator shall make a determination of eligibility on the 3,557
basis of the information furnished. The administrator shall 3,558
promptly notify all interested parties under division (D)(1) of 3,559
this section of the determination. 3,560
(4) Where an employer has furnished separation information 3,562
under division (B)(2) of this section which is insufficient to 3,563
enable the administrator to make a determination of a claim for 3,564
benefits of an individual, or where the individual fails at the 3,565
time of filing an application for determination of benefit rights 3,566
to produce the separation information furnished by an employer, 3,567
the administrator shall follow the provisions specified in 3,568
division (B)(1) of this section. 3,569
(C) The administrator or the administrator's deputy shall 3,571
promptly examine any application for determination of benefit 3,572
rights filed, and on the basis of any facts found by the 3,573
administrator or deputy shall determine whether or not the 3,574
application is valid, and if valid, the date on which the benefit 3,575
year shall commence and the weekly benefit amount. The claimant, 3,576
the most recent employer, and any other employer in the 3,577
claimant's base period shall promptly be notified of the 3,578
determination and the reasons therefor. In addition, the 3,579
determination issued to the claimant shall include the total 3,580
amount of benefits payable, and the determination issued to each 3,581
chargeable base period employer shall include the total amount of 3,582
89
benefits which may be charged to the employer's account. 3,583
(D)(1) The administrator or the administrator's deputy 3,585
shall examine the first claim for benefits filed in any benefit 3,586
year, and any additional claim, and on the basis of any facts 3,587
found by the administrator or deputy shall determine whether 3,588
division (D) of section 4141.29 of the Revised Code is applicable 3,589
to the claimant's most recent separation and, to the extent 3,590
necessary, prior separations from work, and whether the 3,591
separation reason is qualifying or disqualifying for the ensuing 3,592
period of unemployment. Notice of such determination shall be 3,593
mailed to the claimant, the claimant's most recent SEPARATING 3,594
employer, and any other employer involved in the determination. 3,595
(a) Whenever the administrator has reason to believe that 3,597
the unemployment of twenty-five or more individuals relates to a 3,598
labor dispute, the administrator shall, within five calendar days 3,599
after their claims are filed, SHALL schedule a hearing concerning 3,600
the reason for unemployment. Notice of the hearing shall be sent 3,601
to all interested parties, including the duly authorized 3,602
representative of the parties, as provided in division (D)(1) of 3,603
this section. The hearing date shall be scheduled so as to 3,604
provide at least ten days' prior notice of the time and date of 3,605
the hearing. A similar hearing, in such cases, may be scheduled 3,606
when there is a dispute as to the duration or ending date of the 3,607
labor dispute. 3,608
(b) The administrator shall appoint a hearing officer to 3,610
conduct the hearing of the case under division (D)(1)(a) of this 3,611
section. The hearing officer is not bound by common law or 3,612
statutory rules of evidence or by technical or formal rules of 3,613
procedure, but shall take any steps that are reasonable and 3,614
necessary to obtain the facts and determine whether the claimants 3,615
are entitled to benefits under the law. The failure of any 3,616
interested party to appear at the hearing shall not preclude a 3,617
decision based upon all the facts available to the hearing 3,618
officer. The proceeding at the hearing shall be recorded by 3,619
90
mechanical means or by other means prescribed by the 3,620
administrator. The record need not be transcribed unless an 3,621
application for appeal is filed on the decision and the 3,622
chairperson of the unemployment compensation review commission 3,624
requests a transcript of the hearing within fourteen days after 3,625
the application for appeal is received by the commission. The 3,626
administrator shall prescribe rules concerning the conduct of the 3,628
hearings and all related matters and appoint an attorney to 3,629
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,631
decisions and reasons therefor on the case within ten calendar 3,632
days after the hearing. The hearing officer's decision issued by 3,633
the administrator is final unless an application for appeal is 3,634
filed with the review commission within twenty-one days after the 3,636
decision was mailed to all interested parties. The administrator 3,637
may, within the twenty-one-day appeal period, MAY remove and 3,638
vacate the decision and issue a revised determination and appeal 3,640
date.
(d) Upon receipt of the application for appeal, the full 3,642
review commission shall review the administrator's decision and 3,644
either schedule a further hearing on the case or disallow the 3,645
application. The review commission shall review the 3,646
administrator's decision within fourteen days after receipt of 3,647
the decision or the receipt of a transcript requested under 3,648
division (D)(1)(b) of this section, whichever is later. 3,649
(i) When a further hearing is granted, the commission 3,651
shall make the administrator's decision and record of the case, 3,653
as certified by the administrator, a part of the record and shall 3,654
consider the administrator's decision and record in arriving at a 3,655
decision on the case. The commission's decision affirming, 3,657
modifying, or reversing the administrator's decision, following 3,658
the further appeal, shall be mailed to all interested parties 3,659
within fourteen days after the hearing. 3,660
(ii) A decision of the disallowance of a further appeal 3,662
91
shall be mailed to all interested parties within fourteen days 3,663
after the commission makes the decision to disallow. The 3,664
disallowance is deemed an affirmation of the administrator's 3,666
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,668
(b), (c), and (d) of this section may be extended by agreement of 3,669
all interested parties or for cause beyond the control of the 3,670
administrator or the commission. 3,671
(e) An appeal of the commission's decision issued under 3,673
division (D)(1)(d) of this section may be taken to the court of 3,674
common pleas as provided in division (O) of this section. 3,675
(f) A labor dispute decision involving fewer than 3,677
twenty-five individuals shall be determined under division (D)(1) 3,678
of this section and the review commission shall determine any 3,680
appeal from the decision pursuant to division (M) of this section 3,681
and within the time limits provided in division (D)(1)(d) of this 3,682
section. 3,683
(2) The administrator or the administrator's deputy shall 3,685
also examine each continued claim for benefits filed, and on the 3,687
basis of any facts found by the administrator or the 3,688
administrator's deputy shall determine whether such claim shall 3,689
be allowed. 3,690
(a) The determination of a first or additional claim, 3,692
including the reasons therefor, shall be mailed to the claimant, 3,693
the claimant's most recent SEPARATING employer, and any other 3,694
employer involved in the determination. 3,695
(b) When the determination of a continued claim results in 3,697
a disallowed claim, the administrator shall notify the claimant 3,698
of such disallowance and the reasons therefor. 3,699
(3) Where the claim for benefits is directly attributable 3,701
to unemployment caused by a major disaster, as declared by the 3,702
president of the United States pursuant to the "Disaster Relief 3,703
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,704
filing the claim would otherwise have been eligible for disaster 3,705
92
unemployment assistance under that act, then upon application by 3,706
the employer any benefits paid on the claim shall not be charged 3,707
to the account of the employer who would have been charged on 3,708
such claim but instead shall be charged to the mutualized account 3,709
described in section 4141.25 of the Revised Code, provided that 3,710
this division is not applicable to an employer electing 3,711
reimbursing status under section 4141.241 of the Revised Code, 3,712
except reimbursing employers for whom benefit charges are charged 3,713
to the mutualized account pursuant to division (C)(D)(2) of 3,714
section 4141.33 4141.24 of the Revised Code. 3,716
(4)(a) An individual filing a new claim for unemployment 3,718
compensation shall disclose, at the time of filing, whether or 3,719
not the individual owes child support obligations. In such a 3,720
case, the administrator shall notify the state or local child 3,721
support enforcement agency enforcing the obligation only if the 3,722
claimant has been determined to be eligible for unemployment 3,723
compensation. 3,724
(b) The administrator shall deduct and withhold from 3,726
unemployment compensation payable to an individual who owes child 3,727
support obligations: 3,728
(i) Any amount required to be deducted and withheld from 3,730
the unemployment compensation pursuant to legal process, as that 3,731
term is defined in section 459(i)(5) of the "Social Security 3,732
Act," as amended by the "Personal Responsibility and Work 3,733
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 3,734
U.S.C. 659, and properly served upon the administrator, as 3,735
described in division (D)(4)(c) of this section; or 3,736
(ii) Where division (D)(4)(b)(i) of this section is 3,738
inapplicable, in the amount determined pursuant to an agreement 3,739
submitted to the administrator under section 454(20)(19)(B)(i) of 3,741
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as
amended, by the state or local child support enforcement agency; 3,742
or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,744
93
section is applicable, then in the amount specified by the 3,745
individual. 3,746
(c) The bureau of employment services ADMINISTRATOR shall 3,748
receive all legal process described in division (D)(4)(b)(i) of 3,750
this section from each local child support enforcement agency, 3,751
which legal process was issued by the agency under section 3,752
2301.371 of the Revised Code or otherwise was issued by the 3,753
agency. The processing of cases under part D of Title IV of the 3,754
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 3,755
amended, shall be determined pursuant to agreement between the 3,756
administrator and the state department of human services. The 3,757
department shall pay, pursuant to that agreement, all of the 3,758
costs of the bureau of employment services that are associated 3,759
with a deduction and withholding under division (D)(4)(b)(i) AND 3,760
(ii) of this section.
(d) The amount of unemployment compensation subject to 3,762
being withheld pursuant to division (D)(4)(b) of this section is 3,763
that amount which remains payable to the individual after 3,764
application of any recoupment provisions for recovery of 3,765
overpayments and after deductions which have been made under this 3,766
chapter for deductible income received by the individual. 3,767
Effective for applications to establish unemployment compensation 3,768
benefit rights filed after December 27, 1997, the amount withheld 3,769
with respect to a week of unemployment benefits shall not exceed 3,770
fifty per cent of the individual's weekly benefit amount as 3,771
determined by the administrator.
(e) Any amount deducted and withheld under division 3,773
(D)(4)(b) of this section shall be paid to the appropriate state 3,774
or local child support enforcement agency in the following 3,775
manner: 3,776
(i) The administrator shall determine the amounts that are 3,778
to be deducted and withheld on a per county basis. 3,779
(ii) For each county, the administrator shall forward to 3,781
the local child support enforcement agency of the county, at 3,782
94
intervals to be determined pursuant to the agreement referred to 3,783
in division (D)(4)(c) of this section, the amount determined for 3,784
that county under division (D)(4)(e)(i) of this section for 3,785
disbursement to the obligees or assignees of such support 3,786
obligations. 3,787
(f) Any amount deducted and withheld under division 3,789
(D)(4)(b) of this section shall for all purposes be treated as if 3,790
it were paid to the individual as unemployment compensation and 3,791
paid by the individual to the state or local child support agency 3,792
in satisfaction of the individual's child support obligations. 3,793
(g) Division (D)(4) of this section applies only if 3,795
appropriate arrangements have been made for reimbursement by the 3,796
state or local child support enforcement agency for the 3,797
administrative costs incurred by the administrator under this 3,798
section which are associated with or attributable to child 3,799
support obligations being enforced by the state or local child 3,800
support enforcement agency. 3,801
(h) As used in division (D)(4) of this section: 3,803
(i) "Child support obligations" means only obligations 3,805
which are being enforced pursuant to a plan described in section 3,806
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 3,807
as amended, which has been approved by the United States 3,808
secretary of health and human services under part D of Title IV 3,809
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,810
amended. 3,811
(ii) "State child support enforcement agency" means the 3,813
department of human services, bureau of child support, designated 3,814
as the single state agency for the administration of the program 3,815
of child support enforcement pursuant to part D of Title IV of 3,816
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,817
amended. 3,818
(iii) "Local child support enforcement agency" means the 3,820
child support enforcement agency designated pursuant to section 3,821
2301.35 of the Revised Code or any other agency of a political 3,822
95
subdivision of the state operating pursuant to a plan mentioned 3,823
in division (D)(4)(h)(i) of this section. 3,824
(iv) "Unemployment compensation" means any compensation 3,826
payable under this chapter including amounts payable by the 3,827
administrator pursuant to an agreement under any federal law 3,828
providing for compensation, assistance, or allowances with 3,829
respect to unemployment. 3,830
(E)(1) Any base period or subsequent employer of a 3,832
claimant who has knowledge of specific facts affecting such 3,833
claimant's right to receive benefits for any week may notify the 3,834
administrator in writing of such facts. The administrator shall 3,835
prescribe a form to be used for such eligibility notice, but 3,836
failure to use the prescribed form shall not preclude the 3,837
administrator's examination of any notice. 3,838
(2) An eligibility notice is timely filed if received by 3,840
the administrator or the administrator's deputy or postmarked 3,842
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 3,843
claimant. An employer who does not timely file an eligibility 3,845
notice shall not be an interested party with respect to the claim 3,846
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 3,848
consider the information contained in the eligibility notice, 3,849
together with other facts found by the administrator or the 3,850
administrator's deputy and, after giving notice to the notifying 3,851
employer, if the employer timely filed the eligibility notice, 3,852
and to the claimant, and other interested parties and informing 3,853
them of their right to be present at a predetermination 3,854
fact-finding interview, shall determine, unless a prior 3,855
determination on the same eligibility issue has become final, 3,856
whether such claim shall be allowed OR DISALLOWED, and shall mail 3,857
notice of such determination to the notifying employer who timely 3,859
filed the eligibility notice, to the claimant, and to other 3,860
interested parties. If the determination disallows benefits for 3,861
96
any week in question, the payment of benefits with respect to 3,862
that week shall be withheld pending further appeal, or an 3,863
overpayment order shall be issued by the administrator as 3,864
prescribed in section 4141.35 of the Revised Code, if applicable. 3,866
(F) In making determinations on applications for 3,868
determination of benefit rights and claims for benefits, the 3,869
administrator and the administrator's deputy shall follow 3,870
decisions of the unemployment compensation review commission 3,871
which have become final with respect to claimants similarly 3,872
situated.
(G)(1) Any UNTIL OCTOBER 1, 1998, ANY interested party 3,875
notified of a determination of an application for determination 3,876
of benefit rights or a claim for benefits may, within twenty-one 3,877
calendar days after the notice was mailed to the party's last 3,878
known post-office address, apply in writing for a reconsideration 3,879
of the administrator's or deputy's determination. 3,880
ON AND AFTER OCTOBER 1, 1998, ANY PARTY NOTIFIED OF A 3,883
DETERMINATION MAY APPEAL WITHIN TWENTY-ONE CALENDAR DAYS AFTER 3,884
NOTICE WAS MAILED TO THE PARTY'S LAST KNOWN POST-OFFICE ADDRESS 3,885
OR WITHIN AN EXTENDED PERIOD PURSUANT TO DIVISION (Q) OF THIS 3,887
SECTION. UPON RECEIPT OF THE APPEAL, THE ADMINISTRATOR EITHER 3,888
SHALL ISSUE A REDETERMINATION WITHIN TWENTY-ONE DAYS OF RECEIPT 3,889
OR TRANSFER THE APPEAL TO THE COMMISSION, WHICH SHALL ACQUIRE 3,890
JURISDICTION OVER THE APPEAL. IF THE ADMINISTRATOR ISSUES A 3,891
REDETERMINATION, THE REDETERMINATION SHALL VOID THE PRIOR 3,892
DETERMINATION. A REDETERMINATION UNDER THIS SECTION IS
APPEALABLE TO THE SAME EXTENT THAT A DETERMINATION IS APPEALABLE. 3,894
(2) Unless an application for reconsideration is filed 3,896
within the twenty-one-day period, or within an extended period 3,897
pursuant to division (R) of this section, such determination of 3,898
the administrator or deputy is final, except that upon discovery, 3,899
within the benefit year, of IF THE ADMINISTRATOR FINDS WITHIN THE 3,900
BENEFIT YEAR THAT THE DETERMINATION WAS ERRONEOUS DUE TO an error 3,901
in an employer's report other than a report to correct 3,903
97
remuneration information as provided in division (B) of this 3,904
section or any typographical or clerical error in the 3,905
administrator's determination or a decision on reconsideration, 3,906
the administrator or the administrator's deputy shall issue a 3,907
corrected determination or decision to all interested parties, 3,908
which determination or decision shall take precedence over and 3,909
void the prior determination or decision of the administrator or 3,910
the administrator's deputy, provided no appeal has been filed 3,912
with the commission. If a request for reconsideration is filed 3,914
within the twenty-one-day period, the administrator shall
promptly consider such request and, after giving notice to the 3,915
interested parties and informing them of their right to be 3,916
present at a predetermination fact-finding interview, conducted 3,917
as described in division (B) of this section, shall issue the 3,918
decision to the interested parties; except that, if in the 3,919
administrator's judgment the issues are such as to require a 3,920
hearing, the administrator may refer any request for 3,921
reconsideration to the commission as an appeal. 3,922
(3) If benefits are allowed by the administrator in the 3,924
initial A determination or the decision on reconsideration, or in 3,925
a decision by a referee HEARING OFFICER, the review commission, 3,926
or a court, the benefits shall be paid promptly, notwithstanding 3,927
any further appeal, provided that if benefits are denied upon 3,928
reconsideration or ON appeal, of which the parties have notice 3,929
and an opportunity to be heard, the payment of benefits shall be 3,931
withheld pending a decision on any further appeal. 3,932
(4) Any benefits paid to a claimant under this section 3,934
prior to a final determination of the claimant's right to the 3,935
benefits shall be charged to the employer's account as provided 3,937
in division (D) of section 4141.24 of the Revised Code, provided 3,938
that if there is no final determination of the claim by the 3,939
subsequent thirtieth day of June, the employer's account will be 3,940
credited with the total amount of benefits which has been paid 3,941
prior to that date, based on the determination which has not 3,942
98
become final. The total amount credited to the employer's 3,943
account shall be charged to a suspense account which shall be 3,944
maintained as a separate bookkeeping account and administered as 3,945
a part of section 4141.24 of the Revised Code, and shall not be 3,946
used in determining the account balance of the employer for the 3,947
purpose of computing the employer's contribution rate under 3,948
section 4141.25 of the Revised Code. If it is finally determined 3,949
that the claimant is entitled to all or a part of the benefits in 3,950
dispute, the suspense account shall be credited and the 3,951
appropriate employer's account charged with the benefits. If it 3,952
is finally determined that the claimant is not entitled to all or 3,953
any portion of the benefits in dispute, the benefits shall be 3,954
credited to the suspense account and a corresponding charge made 3,955
to the mutualized account established in division (D)(B) of 3,956
section 4141.25 of the Revised Code, provided that, except as 3,958
otherwise provided in this division, if benefits are chargeable 3,959
to an employer or group of employers who is required or elects to 3,960
make payments to the fund in lieu of contributions under section 3,961
4141.241 of the Revised Code, the benefits shall be charged to 3,962
the employer's account in the manner provided in division (D) of 3,963
section 4141.24 and division (B) of section 4141.241 of the 3,964
Revised Code, and no part of the benefits may be charged to the 3,965
suspense account provided in this division. To the extent that 3,966
benefits which have been paid to a claimant and charged to the 3,967
employer's account are found not to be due the claimant and are 3,968
recovered by the administrator as provided in section 4141.35 of 3,969
the Revised Code, they shall be credited to the employer's 3,970
account.
(H) Any UNTIL OCTOBER 1, 1998, ANY interested party may 3,973
appeal the administrator's decision on reconsideration to the 3,974
commission and unless an appeal is filed from such decision on 3,976
reconsideration with the commission within twenty-one calendar 3,978
days after such decision was mailed to the last known post-office 3,979
address of the appellant, or within an extended period pursuant 3,980
99
to division (R)(Q) of this section, such decision on 3,981
reconsideration is final and benefits shall be paid or denied in 3,982
accordance therewith. THE DATE OF THE MAILING PROVIDED BY THE
ADMINISTRATOR ON DETERMINATION OR DECISION ON RECONSIDERATION IS 3,984
SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE THAT THE DETERMINATION 3,985
OR DECISION ON RECONSIDERATION WAS MAILED ON THAT DATE. 3,986
ON AND AFTER OCTOBER 1, 1998, THE DATE OF THE MAILING 3,989
PROVIDED BY THE ADMINISTRATOR ON THE DETERMINATION OR 3,990
REDETERMINATION IS SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE 3,991
THAT THE DETERMINATION OR REDETERMINATION WAS MAILED ON THAT
DATE. 3,992
(I) Requests for reconsideration, appeals, or applications 3,994
for further appeals APPEALS may be filed with the ADMINISTRATOR, 3,996
commission, with the administrator or one of the administrator's 3,997
deputies, with an employee of another state or federal agency 3,999
CHARGED WITH THE DUTY OF ACCEPTING CLAIMS, or with an employee of 4,000
the unemployment insurance commission of Canada charged with the 4,001
duty of accepting claims. 4,002
(1) Any timely written notice stating that the interested 4,004
party desires a review of the previous determination or decision 4,005
and the reasons therefor, TO APPEAL shall be accepted. 4,006
(2) The administrator, commission, or authorized agent 4,008
must receive the request, appeal, or application within the 4,009
specified appeal period in order for the request, appeal, or 4,010
application to be deemed timely filed, except that: 4,011
(a) If the United States postal service is used as the 4,013
means of delivery, the enclosing envelope must have a postmark 4,014
date, as governed by United States postal regulations, that is on 4,015
or before the last day of the specified appeal period; and 4,016
(b) Where the postmark date is illegible or missing, the 4,018
request, appeal, or application is timely filed if received no 4,019
later than the end of the third calendar day following the last 4,020
day of the specified appeal period. 4,021
(3) THE ADMINISTRATOR MAY ADOPT RULES PERTAINING TO 4,023
100
ALTERNATE METHODS OF FILING APPEALS. 4,024
(J) When an appeal from a decision on reconsideration 4,026
DETERMINATION of the administrator or deputy is taken TO THE 4,028
COMMISSION AT THE HEARING OFFICER LEVEL, all interested parties 4,030
shall be notified and the commission or a referee shall, after 4,032
affording such parties reasonable opportunity for a fair hearing, 4,033
SHALL affirm, modify, or reverse the findings of fact and the 4,034
decision DETERMINATION of the administrator or deputy in the 4,036
manner which THAT appears just and proper. HOWEVER, THE 4,037
COMMISSION MAY REFER A CASE TO THE ADMINISTRATOR FOR A 4,038
REDETERMINATION IF THE COMMISSION DECIDES THAT THE CASE DOES NOT 4,039
REQUIRE A HEARING. In the conduct of such A hearing BY A HEARING 4,040
OFFICER or any other hearing on appeal to the commission which is 4,042
provided in this section, the commission and the referees HEARING 4,044
OFFICERS are not bound by common law or statutory rules of 4,047
evidence or by technical or formal rules of procedure. The
commission and the referees HEARING OFFICERS shall take any steps 4,049
in the hearings, consistent with the impartial discharge of their 4,051
duties, which appear reasonable and necessary to ascertain the 4,052
facts and determine whether the claimant is entitled to benefits 4,053
under the law. For the purpose of any hearing on appeal which is 4,054
provided in this section, the file of the administrator 4,055
pertaining to the case shall be certified by the administrator 4,056
and shall automatically become a part of the record in the appeal 4,057
hearing. All information in the file which pertains to the claim, 4,058
including statements made to the administrator or the 4,059
administrator's deputy by the individual claiming benefits or 4,061
other interested parties, shall be considered by the commission 4,062
and the referees in arriving at a decision, together with any 4,064
other information which is produced at the hearing. The 4,065
commission and referees HEARINGS SHALL BE DE NOVO, EXCEPT THAT 4,066
THE ADMINISTRATOR'S FILE PERTAINING TO A CASE SHALL BE INCLUDED 4,067
IN THE RECORD TO BE CONSIDERED. 4,068
THE HEARING OFFICERS may conduct any such hearing in person 4,072
101
or by telephone. The commission shall adopt rules which 4,074
designate the circumstances under which the commission or 4,075
referees HEARING OFFICERS may conduct a hearing by telephone, 4,076
grant a party to the hearing the opportunity to object to a 4,078
hearing by telephone, and govern the conduct of hearings by 4,079
telephone. An interested party whose hearing would be by 4,080
telephone pursuant to the commission rules may elect to have an 4,082
in-person hearing, provided that the party electing the in-person 4,083
hearing agrees to have the hearing at the time and place the 4,084
commission determines pursuant to rule.
(1) The failure of the claimant or other interested party 4,086
to appear at a hearing, unless the claimant or interested party 4,087
is the appealing party, shall not preclude a decision in the 4,089
claimant's or interested party's favor, if on the basis of all 4,090
the information in the record, including that contained in the 4,091
file of the administrator, the claimant or interested party is 4,092
entitled to the decision. 4,093
(2) If the party appealing fails to appear at the hearing, 4,095
the referee or the commission HEARING OFFICER shall dismiss the 4,096
appeal, provided that the referee HEARING OFFICER or commission 4,099
shall vacate the dismissal upon a showing that due notice of the 4,102
hearing was not mailed to such party's last known address or good 4,103
cause for the failure to appear is shown to the referee or the 4,104
commission within fourteen days after the hearing date. No 4,107
further appeal from the decision may thereafter be instituted by 4,108
such party. If the other party fails to appear at the hearing, 4,109
the referee or the commission HEARING OFFICER shall proceed with 4,111
the hearing and shall issue a decision without further hearing, 4,112
provided that the referee or BASED ON THE EVIDENCE OF RECORD, 4,113
INCLUDING THE ADMINISTRATOR'S FILE. THE commission shall vacate 4,114
the decision upon a showing that due notice of the hearing was 4,116
not mailed to such party's last known address or good cause for 4,117
such party's failure to appear is shown to the referee or the 4,118
commission within fourteen days after the hearing date. 4,120
102
(3) Where a party requests that a hearing be scheduled in 4,122
the evening because the party is employed during the day, the 4,123
commission or referee shall schedule the hearing during such 4,126
hours as the party is not employed. 4,127
(4) THE INTERESTED PARTIES MAY WAIVE, IN WRITING, THE 4,130
HEARING. IF THE PARTIES WAIVE THE HEARING, THE HEARING OFFICER 4,131
SHALL ISSUE A DECISION BASED ON THE EVIDENCE OF RECORD, INCLUDING 4,132
THE ADMINISTRATOR'S FILE. 4,133
(K) The proceedings at the hearing before the referee, or 4,135
the commission HEARING OFFICER, shall be recorded by mechanical 4,136
means or otherwise as may be prescribed by the commission. 4,139
Unless the claim is further appealed, such IN THE ABSENCE OF 4,141
FURTHER PROCEEDINGS, THE record of proceedings THAT IS MADE need 4,142
not be transcribed.
(L) All interested parties shall be notified of the 4,144
referee's HEARING OFFICER'S decision, which shall include the 4,145
reasons therefor. The referee's HEARING OFFICER'S decision shall 4,147
become final unless, within twenty-one days after the decision 4,148
was mailed to the last known post-office address of such parties, 4,149
or within an extended period pursuant to division (R)(Q) of this 4,150
section, the commission on its own motion removes or transfers 4,152
such claim to itself or an application to institute a further 4,153
appeal before the commission THE REVIEW LEVEL, OR UPON A REQUEST 4,155
FOR REVIEW THAT is filed by any AN interested party and such 4,156
appeal is allowed by the commission. 4,158
(M) When any claim is removed or transferred to the 4,160
commission on its own motion, or when an application to institute 4,162
a further appeal is allowed by the commission, the commission 4,164
shall review the decision of the referee and shall either affirm, 4,165
modify, or reverse such decision. Before rendering its decision, 4,166
the commission may remand the case to the referee for further 4,168
proceedings. When the commission disallows an application to 4,169
institute a further appeal, or renders its decision affirming, 4,171
modifying, or reversing the decision of the referee, all 4,172
103
interested parties shall be notified of such decision or order by 4,173
mail addressed to the last known post-office address of such 4,174
parties. A disallowance by the commission of an application for 4,176
further appeal shall be deemed an affirmation by the commission 4,177
of the referee's decision under appeal IN THE CONDUCT OF A 4,178
HEARING BY THE COMMISSION OR A HEARING OFFICER AT THE REVIEW 4,179
LEVEL, THE COMMISSION AND THE HEARING OFFICERS ARE NOT BOUND BY 4,181
COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR 4,182
FORMAL RULES OF PROCEDURE. THE COMMISSION AND THE HEARING
OFFICERS SHALL TAKE ANY STEPS IN THE HEARINGS, CONSISTENT WITH 4,183
THE IMPARTIAL DISCHARGE OF THEIR DUTIES, THAT APPEAR REASONABLE 4,184
AND NECESSARY TO ASCERTAIN THE FACTS AND DETERMINE WHETHER THE 4,185
CLAIMANT IS ENTITLED TO BENEFITS UNDER THE LAW. 4,186
(1) THE REVIEW COMMISSION, OR A HEARING OFFICER DESIGNATED 4,189
BY THE COMMISSION, SHALL CONSIDER AN APPEAL AT THE REVIEW LEVEL 4,190
UNDER THE FOLLOWING CIRCUMSTANCES:
(a) WHEN AN APPEAL IS REQUIRED TO BE HEARD INITIALLY BY 4,193
THE COMMISSION PURSUANT TO THIS CHAPTER; 4,194
(b) WHEN THE COMMISSION ON ITS OWN MOTION REMOVES AN 4,197
APPEAL WITHIN TWENTY-ONE DAYS AFTER A HEARING OFFICER ISSUES THE 4,198
HEARING OFFICER'S DECISION IN THE CASE; 4,199
(c) WHEN A HEARING OFFICER REFERS AN APPEAL TO THE 4,202
COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE HEARING OFFICER 4,203
ISSUES THE HEARING OFFICER'S DECISION IN THE CASE; 4,204
(d) WHEN AN INTERESTED PARTY FILES A REQUEST FOR REVIEW 4,207
WITH THE COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE DATE A 4,208
HEARING OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE 4,209
CASE. THE COMMISSION SHALL DISALLOW THE REQUEST FOR REVIEW IF IT 4,210
IS NOT TIMELY FILED.
THE COMMISSION MAY REMOVE, AND A HEARING OFFICER MAY REFER, 4,213
APPEALS INVOLVING DECISIONS OF POTENTIALLY PRECEDENTIAL VALUE. 4,214
(2) IF A REQUEST FOR REVIEW IS TIMELY FILED, THE 4,216
COMMISSION SHALL DECIDE WHETHER TO ALLOW OR DISALLOW THE REQUEST 4,218
FOR REVIEW.
104
IF THE REQUEST FOR REVIEW IS DISALLOWED, THE COMMISSION 4,220
SHALL NOTIFY ALL INTERESTED PARTIES OF THAT FACT. THE 4,221
DISALLOWANCE OF A REQUEST FOR REVIEW CONSTITUTES A FINAL DECISION 4,223
BY THE COMMISSION FOR PURPOSES OF APPEAL TO COURT. IF THE 4,224
REQUEST FOR REVIEW IS ALLOWED, THE COMMISSION SHALL NOTIFY ALL 4,225
INTERESTED PARTIES OF THAT FACT, AND THE COMMISSION SHALL PROVIDE 4,226
A REASONABLE PERIOD OF TIME, AS THE COMMISSION DEFINES BY RULE, 4,227
IN WHICH INTERESTED PARTIES MAY FILE A RESPONSE. AFTER THAT
PERIOD OF TIME, THE COMMISSION, BASED ON THE RECORD BEFORE IT, 4,228
SHALL DO ONE OF THE FOLLOWING AT THE REVIEW LEVEL: 4,229
(a) AFFIRM THE DECISION OF THE HEARING OFFICER; 4,232
(b) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,235
OFFICER;
(c) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,238
OFFICER AS A POTENTIAL PRECEDENTIAL DECISION; 4,239
(d) ORDER THAT THE DECISION BE REWRITTEN. 4,242
(3) THE COMMISSION SHALL SEND NOTICE TO ALL INTERESTED 4,244
PARTIES WHEN IT ORDERS A CASE TO BE HEARD OR REHEARD. THE NOTICE 4,246
SHALL INCLUDE THE REASONS FOR THE HEARING OR REHEARING. IF THE 4,247
COMMISSION IDENTIFIES AN APPEAL AS A POTENTIALLY PRECEDENTIAL 4,248
CASE, THE COMMISSION SHALL NOTIFY THE ADMINISTRATOR AND OTHER 4,249
INTERESTED PARTIES OF THE SPECIAL NATURE OF THE HEARING. 4,250
(N) Whenever the administrator and the chairperson of the 4,252
review commission determine in writing and certify jointly that a 4,254
controversy exists with respect to the proper application of this 4,255
chapter to more than five hundred claimants similarly situated 4,256
whose claims are pending before the administrator or the review 4,258
commission or both on reconsideration REDETERMINATION or appeal 4,259
applied for or filed by three or more employers or by such 4,261
claimants, the chairperson of the review commission shall select 4,263
one such claim which is representative of all such claims and 4,265
assign it for a fair hearing and decision. Any other claimant or 4,266
employer in the group who makes a timely request to participate 4,267
in the hearing and decision shall be given a reasonable 4,268
105
opportunity to participate as a party to the proceeding. 4,269
Such joint certification by the administrator and the 4,271
chairperson of the commission shall constitute a stay of further 4,273
proceedings in the claims of all claimants similarly situated 4,274
until the issue or issues in controversy are adjudicated by the 4,275
supreme court of Ohio. At the time the decision of the 4,276
commission is issued, the chairperson shall certify the 4,278
commission's decision directly to the supreme court of Ohio and 4,281
the chairperson shall file with the clerk of the supreme court a 4,283
certified copy of the transcript of the proceedings before the 4,284
commission pertaining to such decision. Hearings on such issues 4,286
shall take precedence over all other civil cases. If upon 4,287
hearing and consideration of such record the court decides that 4,288
the decision of the commission is unlawful, the court shall 4,290
reverse and vacate the decision or modify it and enter final 4,291
judgment in accordance with such modification; otherwise such 4,292
court shall affirm such decision. The notice of the decision of 4,293
the commission to the interested parties shall contain a 4,295
certification by the chairperson of the commission that the 4,296
decision is of great public interest and that a certified 4,298
transcript of the record of the proceedings before the commission 4,299
has been filed with the clerk of the supreme court as an appeal 4,301
to the court. Promptly upon the final judgment of the court, the 4,302
administrator and the commission shall decide those claims 4,303
pending before them where the facts are similar and shall notify 4,305
all interested parties of such decision and the reason therefor 4,306
in the manner provided for in this section. Nothing in this 4,307
division shall be construed so as to deny the right of any such 4,308
claimant, whose claim is pending before the administrator on 4,309
reconsideration REDETERMINATION or before the commission, to 4,312
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 4,314
facts in the claim selected as the representative claim as
provided in this division, nor shall any such claimant be denied 4,315
106
the right to appeal the decision of the administrator or the 4,316
commission which is made as a result of the decision of the court 4,318
in the representative case.
(O)(1) Any interested party as defined in division (I) of 4,320
section 4141.01 of the Revised Code, within thirty days after 4,321
notice of the decision of the commission was mailed to the last 4,323
known post-office address of all interested parties, may appeal 4,324
from the decision of the commission to the court of common pleas 4,326
of the county where the appellant, if an employee, is resident or 4,327
was last employed or of the county where the appellant, if an 4,328
employer, is resident or has the principal place of business in 4,329
this state. The commission shall provide on its decision the 4,331
names and addresses of all interested parties. Such appeal shall 4,332
be taken within such thirty days by the appellant by filing a 4,333
notice of appeal with the clerk of the court of common pleas. 4,334
Such filing shall be the only act required to perfect the appeal 4,335
and vest jurisdiction in the court. Failure of an appellant to 4,336
take any step other than timely filing of a notice of appeal does 4,337
not affect the validity of the appeal, but is grounds only for 4,338
such action as the court deems appropriate, which may include 4,339
dismissal of the appeal. Such notice of appeal shall set forth 4,340
the decision appealed from. The appellant shall mail a copy of 4,341
the notice of appeal to the commission and to all interested 4,343
parties by certified mail to their last known post-office address 4,344
and proof of the mailing of the notice shall be filed with the 4,345
clerk within thirty days of filing the notice of appeal. All 4,346
interested parties shall be made appellees. The commission upon 4,348
receipt of the notice of appeal shall within thirty days file 4,349
with the clerk a certified transcript of the record of the 4,350
proceedings before the commission pertaining to the decision 4,352
complained of, and mail a copy of the transcript to the 4,353
appellant's attorney or to the appellant, if not represented by 4,354
counsel. The appellant shall file a statement of the assignments 4,355
of error presented for review within sixty days of the filing of 4,356
107
the notice of appeal with the court. The appeal shall be heard 4,357
upon such record certified by the commission. After an appeal 4,359
has been filed in the court, the commission may, by petition, be 4,361
made a party to such appeal. If the court finds that the 4,362
decision was unlawful, unreasonable, or against the manifest 4,363
weight of the evidence, it shall reverse and vacate such decision 4,364
or it may modify such decision and enter final judgment in 4,365
accordance with such modification; otherwise such court shall 4,366
affirm such decision. Any interested party shall have the right 4,367
to appeal from the decision of the court as in civil cases. 4,368
(2) If an appeal is filed after the thirty-day appeal 4,370
period established in division (O)(1) of this section, the court 4,371
of common pleas shall conduct a hearing to determine whether the 4,372
appeal was timely filed pursuant to division (R)(Q) of this 4,373
section. At the hearing, additional evidence may be introduced 4,375
and oral arguments may be presented regarding the timeliness of 4,376
the filing of the appeal. If the court of common pleas 4,377
determines that the time for filing the appeal is extended as 4,378
provided in division (R)(Q) of this section and that the appeal 4,379
was filed within the extended time provided in that division, the 4,381
court shall thereafter make its decision on the merits of the 4,382
appeal. If the court of common pleas determines that the time 4,383
for filing the appeal may not be extended as provided in division 4,384
(R)(Q) of this section, the court shall dismiss the appeal 4,386
accordingly. The determination on timeliness by the court of 4,387
common pleas may be appealed to the court of appeals as in civil 4,388
cases, and such appeal shall be consolidated with any appeal from 4,389
the decision by the court of common pleas on the merits of the 4,390
appeal.
(P) Any application for reconsideration, any appeal from a 4,392
decision on reconsideration of the determination OR 4,393
REDETERMINATION of the administrator, application to institute a 4,395
further appeal, and any notice of intention to appeal the OR A 4,396
decision or order of the commission to a court of common pleas 4,398
108
may be executed in behalf of any party or any group of claimants 4,399
by an agent.
(Q)(1) The administrator, the administrator's deputy, the 4,401
referee, the review commission, or the court that has the 4,402
authority or jurisdiction pursuant to this section to hear an 4,404
application for reconsideration or an appeal that is timely filed 4,405
shall render a decision on the application for reconsideration or 4,406
the appeal and upon any further application for reconsideration 4,407
or appeal that is timely filed, whether or not the claimant meets 4,408
the able to work, available for suitable work, or the actively 4,409
seeking work requirements of division (A)(4)(a) of section 4,410
4141.29 of the Revised Code, if all of the following apply: 4,411
(a) The claimant's claim for benefits is allowed or denied 4,413
upon initial determination by the administrator or the 4,414
administrator's deputy or upon reconsideration, review, or appeal 4,416
by a decision of the administrator, the administrator's deputy, a 4,417
referee, the review commission, or a court. 4,418
(b) After the claim is allowed or disallowed, the claimant 4,420
is subjected to criminally injurious conduct, as defined in 4,421
section 2743.51 of the Revised Code. 4,422
(c) Pursuant to this section, any interested party timely 4,424
applies for reconsideration, or timely files an appeal, of the 4,425
determination or decision. 4,426
(d) The claimant files an application for an award of 4,428
reparations pursuant to sections 2743.51 to 2743.72 of the 4,429
Revised Code, for the loss of unemployment benefits. 4,430
(2) Any decision that is rendered pursuant to division 4,432
(Q)(1) of this section when a claimant fails to meet the able to 4,433
work, available for suitable work, or the actively seeking work 4,434
requirements of division (A)(4)(a) of section 4141.29 of the 4,435
Revised Code shall apply only for the purposes of any claim for 4,436
an award of reparations filed pursuant to sections 2743.51 to 4,437
2743.72 of the Revised Code and shall not enable a claimant who 4,438
does not meet the able to work, available for suitable work, or 4,439
109
the actively seeking work requirements of division (A)(4)(a) of 4,440
section 4141.29 of the Revised Code to obtain any benefits 4,441
pursuant to this chapter. 4,442
(R) The time for filing a request for reconsideration, an 4,444
appeal, an application to institute further appeal A REQUEST FOR 4,445
REVIEW, or a court appeal, under division (G), (H), (L), or (O) 4,447
of this section shall be extended as follows: 4,448
(1) When the last day of an appeal period is a Saturday, 4,450
Sunday, or legal holiday, the appeal period is extended to the 4,451
next work day after the Saturday, Sunday, or legal holiday; or 4,452
(2) When an interested party provides certified medical 4,454
evidence stating that the interested party's physical condition 4,455
or mental capacity prevented the interested party from filing a 4,456
request for reconsideration, an appeal, or an application to 4,457
institute further appeal REQUEST FOR REVIEW pursuant to division 4,458
(G), (H), or (L) of this section within the appropriate 4,460
twenty-one-day period, the appeal period is extended to 4,461
twenty-one days after the end of the physical or mental condition 4,462
and the request, appeal, or application REQUEST FOR REVIEW is 4,463
considered timely filed if filed within that extended period; 4,465
(3) 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 the determination or decision within the applicable 4,471
appeal period pursuant to division (G), (H), or (L) of this 4,472
section, and the administrator or the commission finds that the 4,473
interested party did not actually receive the determination or 4,475
decision within the applicable appeal period, then the appeal 4,476
period is extended to twenty-one days after the interested party 4,477
actually receives the determination or decision. 4,478
(4) When an interested party provides evidence, which 4,480
evidence may consist of testimony from the interested party, that 4,481
is sufficient to establish that the party did not actually 4,482
receive a decision within the thirty-day appeal period provided 4,483
110
in division (O)(1) of this section, and a court of common pleas 4,484
finds that the interested party did not actually receive the 4,485
decision within that thirty-day appeal period, then the appeal 4,486
period is extended to thirty days after the interested party 4,487
actually receives the decision. 4,488
(S)(R) No finding of fact or law, decision, or order of 4,490
the administrator, referee HEARING OFFICER, or the review 4,491
commission, or a reviewing court pursuant to this section, shall 4,494
be given collateral estoppel or res judicata effect in any 4,495
separate or subsequent judicial, administrative, or arbitration 4,496
proceeding, other than a proceeding arising under this chapter. 4,497
Sec. 4141.29. Each eligible individual shall receive 4,505
benefits as compensation for loss of remuneration due to 4,506
involuntary total or partial unemployment in the amounts and 4,507
subject to the conditions stipulated in this chapter. 4,508
(A) No individual is entitled to a waiting period or 4,510
benefits for any week unless he THE INDIVIDUAL: 4,511
(1) Has filed a valid application for determination of 4,513
benefit rights in accordance with section 4141.28 of the Revised 4,514
Code; 4,515
(2) Has made a claim for benefits in accordance with 4,517
section 4141.28 of the Revised Code; 4,518
(3) Has registered at an employment office or other 4,520
registration place maintained or designated by the administrator 4,521
of the bureau of employment services. Registration shall be made 4,522
in person or in writing in accordance with the time limits, 4,523
frequency, and manner prescribed by the administrator. 4,524
(4)(a) Is able to work and available for suitable work and 4,526
is actively seeking suitable work either in a locality in which 4,527
he THE INDIVIDUAL has earned wages subject to this chapter during 4,529
his THE INDIVIDUAL'S base period, or if he THE INDIVIDUAL leaves 4,530
such THAT locality, then in a locality where suitable work is 4,532
normally IS performed.
The administrator may waive the requirement that a claimant 4,534
111
be actively seeking work when he THE ADMINISTRATOR finds that an 4,535
individual has been laid off and the employer who laid him THE 4,537
INDIVIDUAL off has notified the administrator within ten days 4,539
after the layoff, that work is expected to be available for the 4,540
individual within a specified number of days not to exceed 4,541
forty-five calendar days following the last day the individual 4,542
worked. In the event the individual is not recalled within the 4,543
specified period, such THIS waiver shall cease to be operative 4,545
with respect to such THAT layoff.
(b) The individual shall be instructed as to the efforts 4,547
that he THE INDIVIDUAL must make in his THE search for suitable 4,549
work, except where the active search for work requirement has 4,550
been waived under division (A)(4)(a) of this section, and shall 4,551
keep a record of where and when he THE INDIVIDUAL has sought work 4,552
in complying with such THOSE instructions and shall, upon 4,554
request, SHALL produce such THAT record for examination by the 4,556
administrator.
(c) An individual who is attending a training course 4,558
approved by the administrator meets the requirement of this 4,559
division, if such attendance was recommended by the administrator 4,560
and the individual is regularly attending the course and is 4,561
making satisfactory progress. An individual also meets the 4,562
requirements of this division if he THE INDIVIDUAL is 4,563
participating and advancing in a training program, as defined in 4,565
division (P) of section 5709.61 of the Revised Code, and if an 4,566
enterprise, defined in division (B) of section 5709.61 of the 4,567
Revised Code, is paying all or part of the cost of the 4,568
individual's participation in the training program with the 4,569
intention of hiring the individual for employment as a new 4,570
employee, as defined in division (L) of section 5709.61 of the 4,571
Revised Code, for at least ninety days after the individual's 4,572
completion of the training program. 4,573
(d) An individual who becomes unemployed while attending a 4,575
regularly established school and whose base period qualifying 4,576
112
weeks were earned in whole or in part while attending such THAT 4,577
school, meets the availability and active search for work 4,578
requirements of division (A)(4)(a) of this section if he THE 4,579
INDIVIDUAL REGULARLY ATTENDS THE SCHOOL DURING WEEKS WITH RESPECT 4,580
TO WHICH THE INDIVIDUAL CLAIMS UNEMPLOYMENT BENEFITS AND makes 4,581
himself SELF available on any shift of hours for suitable 4,582
employment with his THE INDIVIDUAL'S most recent employer or any 4,584
other employer in his THE INDIVIDUAL'S base period, or for any 4,586
other suitable employment to which he THE INDIVIDUAL is directed, 4,588
under this chapter.
(e) The administrator shall adopt such ANY rules as he 4,590
THAT THE ADMINISTRATOR deems necessary for the administration of 4,592
division (A)(4) of this section. 4,593
(f) Notwithstanding any other provisions of this section, 4,595
no otherwise eligible individual shall be denied benefits for any 4,596
week because he or she THE INDIVIDUAL is in training approved 4,597
under section 236(a)(1) of the "Trade Act of 1974," 88 Stat. 4,599
1978, 19 U.S.C.A. 2296, nor shall such THAT individual be denied 4,600
benefits by reason of leaving work to enter such training, 4,602
provided the work left is not suitable employment, or because of 4,603
the application to any week in training of provisions in this 4,604
chapter, or any applicable federal unemployment compensation law, 4,605
relating to availability for work, active search for work, or 4,606
refusal to accept work.
For the purposes of division (A)(4)(f) of this section, 4,608
"suitable employment" means with respect to an individual, work 4,609
of a substantially equal or higher skill level than the 4,610
individual's past adversely affected employment, as defined for 4,611
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,612
U.S.C.A. 2101, and wages for such work at not less than eighty 4,613
per cent of the individual's average weekly wage as determined 4,614
for the purposes of that federal act. 4,615
(5) Is unable to obtain suitable work. 4,617
(6) Participates in reemployment services, such as job 4,619
113
search assistance services, if the individual has been determined 4,620
to be likely to exhaust benefits under this chapter, including 4,621
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 4,622
than extended compensation, and needs reemployment services 4,623
pursuant to the profiling system established by the administrator 4,624
under division (K) of this section, unless the administrator 4,625
determines that: 4,626
(a) The individual has completed such services; or 4,628
(b) There is justifiable cause for the claimant's failure 4,630
to participate in such services. 4,631
(B) An individual suffering total or partial unemployment 4,633
is eligible for benefits for unemployment occurring subsequent to 4,634
a waiting period of one week and no benefits shall be payable 4,635
during this required waiting period, but no more than one week of 4,636
waiting period shall be required of any such individual in any 4,637
benefit year in order to establish his THE INDIVIDUAL'S 4,638
eligibility for total or partial unemployment benefits. 4,640
(C) The waiting period for total or partial unemployment 4,642
shall commence on the first day of the first week with respect to 4,643
which the individual first files a claim for benefits at an 4,644
employment office or other place of registration maintained or 4,645
designated by the administrator or on the first day of the first 4,646
week with respect to which he THE INDIVIDUAL has otherwise filed 4,647
a claim for benefits in accordance with the rules of the bureau 4,649
of employment services, provided such claim is allowed by the 4,650
administrator or his deputy. 4,651
(D) Notwithstanding division (A) of this section, no 4,653
individual may serve a waiting period or be paid benefits under 4,654
the following conditions: 4,655
(1) For any week with respect to which the administrator 4,657
finds that: 4,658
(a) His THE INDIVIDUAL'S unemployment was due to a labor 4,660
dispute other than a lockout at any factory, establishment, or 4,662
other premises located in this or any other state and owned or 4,663
114
operated by the employer by which he THE INDIVIDUAL is or was 4,664
last employed; and for so long as his THE INDIVIDUAL'S 4,666
unemployment is due to such labor dispute. No individual shall 4,668
be disqualified under this provision if EITHER OF THE FOLLOWING
APPLIES: 4,669
(i) His THE INDIVIDUAL'S employment was with such employer 4,671
at any factory, establishment, or premises located in this state, 4,673
owned or operated by such employer, other than the factory, 4,674
establishment, or premises at which the labor dispute exists, if 4,675
it is shown that he THE INDIVIDUAL is not financing, 4,676
participating in, or directly interested in such labor dispute; 4,678
or
(ii) His THE INDIVIDUAL'S employment was with an employer 4,680
not involved in the labor dispute but whose place of business was 4,682
located within the same premises as the employer engaged in the 4,683
dispute, unless his THE INDIVIDUAL'S employer is a wholly owned 4,684
subsidiary of the employer engaged in the dispute, or unless he 4,686
THE INDIVIDUAL actively participates in or voluntarily stops work 4,688
because of such dispute. If it is established that the claimant 4,689
was laid off for an indefinite period and not recalled to work 4,690
prior to the dispute, or was separated by the employer prior to 4,691
the dispute for reasons other than the labor dispute, or that he 4,692
THE INDIVIDUAL obtained a bona fide job with another employer 4,694
while the dispute was still in progress, such labor dispute shall 4,695
not render the employee ineligible for benefits. 4,696
(b) He THE INDIVIDUAL has been given a disciplinary layoff 4,698
for misconduct in connection with his THE INDIVIDUAL'S work. 4,700
(2) For the duration of his THE INDIVIDUAL'S unemployment 4,702
if the administrator finds that: 4,704
(a) He THE INDIVIDUAL quit his work without just cause or 4,707
has been discharged for just cause in connection with his THE 4,708
INDIVIDUAL'S work, provided division (D)(2) of this section does 4,710
not apply to the separation of a person under any of the 4,711
following circumstances:
115
(i) Separation from employment for the purpose of entering 4,713
the armed forces of the United States if he THE INDIVIDUAL makes 4,714
application to enter, or is inducted into such THE armed forces 4,716
within thirty days after such separation; 4,718
(ii) Separation from employment pursuant to a 4,720
labor-management contract or agreement, or pursuant to an 4,721
established employer plan, program, or policy, which permits the 4,722
employee, because of lack of work, to accept a separation from 4,723
employment;
(iii) He THE INDIVIDUAL has left his employment to accept 4,726
a recall from a prior employer or, except as provided in division 4,727
(D)(2)(a)(iv) of this section, to accept other employment as 4,729
provided under section 4141.291 of the Revised Code, or left or 4,730
was separated from employment which THAT was concurrent 4,731
employment at the time of the most recent separation or within 4,732
six weeks prior to the most recent separation where the 4,733
remuneration, hours, or other conditions of such concurrent 4,734
employment were substantially less favorable than his THE 4,735
INDIVIDUAL'S most recent employment and where such employment, if 4,736
offered as new work, would be considered not suitable under the 4,737
provisions of divisions (E) and (F) of this section. Any 4,738
benefits which THAT would otherwise be chargeable to the account 4,739
of the employer from whom an individual has left employment or 4,740
was separated from employment that was concurrent employment 4,741
under conditions described in division (D)(2)(a)(iii) of this 4,742
section, shall instead be charged to the mutualized account 4,744
created by division (D)(B) of section 4141.25 of the Revised 4,745
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this 4,746
section shall be charged to the account of the reimbursing 4,747
employer and not to the mutualized account, unless the 4,748
reimbursing employer is a seasonal employer as determined by the 4,749
administrator pursuant to section 4141.33 of the Revised Code, 4,750
and the benefit charges are for weeks of unemployment that 4,751
116
occurred outside the seasonal employer's seasonal period EXCEPT 4,752
AS PROVIDED IN DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED 4,753
CODE.
(iv) When an individual has been issued a definite layoff 4,756
date by his THE INDIVIDUAL'S employer and before the layoff date, 4,758
the individual quits to accept other employment, the provisions
of division (D)(2)(a)(iii) of this section apply and no 4,760
disqualification shall be imposed under division (D) of this 4,762
section. However, if the individual fails to meet the employment 4,763
and earnings requirements of division (A)(2) of section 4141.291 4,764
of the Revised Code, then the individual shall, pursuant to 4,765
division (A)(5) of this section, SHALL be ineligible for benefits 4,766
for any week of unemployment that occurs prior to the layoff 4,767
date.
(b) He THE INDIVIDUAL has refused without good cause to 4,769
accept an offer of suitable work when made by an employer either 4,771
in person or to his THE INDIVIDUAL'S last known address, or has 4,772
refused or failed to investigate a referral to suitable work when 4,774
directed to do so by a local employment office of this state or 4,775
another state, provided that this division shall not cause a 4,776
disqualification for a waiting week or benefits under the 4,777
following circumstances:
(i) When work is offered by his THE INDIVIDUAL'S employer 4,779
and he THE INDIVIDUAL is not required to accept the offer 4,781
pursuant to the terms of the labor-management contract or 4,782
agreement; or
(ii) When the individual is attending a vocational 4,784
training course pursuant to division (A)(4) of this section 4,785
except, in the event of a refusal to accept an offer of suitable 4,786
work or a refusal or failure to investigate a referral, benefits 4,787
thereafter paid to such individual shall not be charged to the 4,788
account of any employer and, except as provided in division 4,789
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 4,790
charged to the mutualized account as provided in division (D)(B) 4,792
117
of section 4141.25 of the Revised Code. 4,793
(c) Such individual quit work to marry or because of 4,795
marital, parental, filial, or other domestic obligations. 4,796
(d) He THE INDIVIDUAL has knowingly made a false statement 4,798
or representation or knowingly failed to report any material fact 4,799
with the object of obtaining benefits to which he THE INDIVIDUAL 4,800
is not entitled. 4,802
(e) He THE INDIVIDUAL became unemployed by reason of 4,804
commitment to any correctional institution. 4,806
(f) He THE INDIVIDUAL became unemployed because of 4,808
dishonesty in connection with his THE INDIVIDUAL'S most recent or 4,810
any base period work. Remuneration earned in such work shall be 4,811
excluded from such THE individual's total base period 4,813
remuneration and qualifying weeks which THAT otherwise would be 4,814
credited to such an THE individual for such work in the 4,816
individual's base period shall not be credited for the purpose of 4,817
determining the total benefits to which such THE individual is 4,818
eligible and the weekly benefit amount to be paid under section 4,819
4141.30 of the Revised Code. Such excluded remuneration and 4,820
noncredited qualifying weeks shall be excluded from the 4,821
calculation of the maximum amount to be charged, under division 4,822
(D) of section 4141.24 and section 4141.33 of the Revised Code, 4,823
against the accounts of the individual's base period employers. 4,824
In addition, no benefits shall thereafter be paid to such THE 4,825
individual based upon such excluded remuneration or noncredited 4,827
qualifying weeks.
For purposes of division (D)(2)(f) of this section, 4,829
"dishonesty" means the commission of substantive theft, fraud, or 4,830
deceitful acts. 4,831
(E) No individual otherwise qualified to receive benefits 4,833
shall lose the right to benefits by reason of a refusal to accept 4,834
new work if: 4,835
(1) As a condition of being so employed he THE INDIVIDUAL 4,837
would be required to join a company union, or to resign from or 4,839
118
refrain from joining any bona fide labor organization, or would 4,840
be denied the right to retain membership in and observe the 4,841
lawful rules of any such organization. 4,842
(2) The position offered is vacant due directly to a 4,844
strike, lockout, or other labor dispute. 4,845
(3) The work is at an unreasonable distance from his THE 4,847
INDIVIDUAL'S residence, having regard to the character of the 4,849
work he THE INDIVIDUAL has been accustomed to do, and travel to 4,851
the place of work involves expenses substantially greater than 4,852
that required for his THE INDIVIDUAL'S former work, unless the 4,854
expense is provided for.
(4) The remuneration, hours, or other conditions of the 4,856
work offered are substantially less favorable to the individual 4,857
than those prevailing for similar work in the locality. 4,858
(F) Subject to the special exceptions contained in 4,860
division (A)(4)(f) of this section and section 4141.301 of the 4,861
Revised Code, in determining whether any work is suitable for a 4,862
claimant in the administration of this chapter, the administrator 4,863
shall, in addition to the determination required under division 4,864
(E) of this section, SHALL consider the degree of risk to the 4,865
claimant's health, safety, and morals, his THE INDIVIDUAL'S 4,866
physical fitness for the work, his THE INDIVIDUAL'S prior 4,868
training and experience, the length of his THE INDIVIDUAL'S 4,869
unemployment, the distance of the available work from his THE 4,870
INDIVIDUAL'S residence, and his THE INDIVIDUAL'S prospects for 4,872
obtaining local work. 4,873
(G) The "duration of his unemployment" as used in this 4,875
section means the full period of unemployment next ensuing after 4,876
a separation from any base period or subsequent work and until an 4,877
individual has become reemployed in employment subject to this 4,878
chapter, or the unemployment compensation act of another state, 4,879
or of the United States, and until such individual has worked six 4,880
weeks and for such THOSE weeks has earned or been paid 4,881
remuneration equal to six times an average weekly wage of not 4,883
119
less than: eighty-five dollars and ten cents per week beginning 4,884
on June 26, 1990; and beginning on and after January 1, 1992, 4,885
twenty-seven and one-half per cent of the statewide average 4,886
weekly wage as computed each first day of January under division 4,887
(B)(3) of section 4141.30 of the Revised Code, rounded down to 4,888
the nearest dollar, except for purposes of division (D)(2)(c) of 4,889
this section, such term means the full period of unemployment 4,890
next ensuing after a separation from such work and until such 4,891
individual has become reemployed subject to the terms set forth 4,892
above, and has earned wages equal to one-half of his THE 4,893
INDIVIDUAL'S average weekly wage or sixty dollars, whichever is 4,895
less.
(H) If a claimant is disqualified under division 4,897
(D)(2)(a), (c), or (e) of this section or found to be qualified 4,898
under the exceptions provided in division (D)(2)(a)(i), (ii), 4,899
(iii), or (iv) of this section or division (A)(2) of section 4,900
4141.291 of the Revised Code, then benefits which THAT may become 4,902
payable to such claimant, which are chargeable to the account of 4,903
the employer from whom he THE INDIVIDUAL was separated under such 4,905
conditions, shall be charged to the mutualized account provided 4,906
in section 4141.25 of the Revised Code, provided that no charge 4,907
shall be made to the mutualized account for benefits chargeable 4,908
to a reimbursing employer, except as provided in division 4,909
(C)(D)(2) of section 4141.33 4141.24 of the Revised Code. In the 4,911
case of a reimbursing employer, the administrator shall refund or 4,912
credit to the account of the reimbursing employer any over-paid 4,913
benefits that are recovered under division (B) of section 4141.35 4,914
of the Revised Code. 4,915
(I)(1) Benefits based on service in employment as provided 4,917
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 4,918
Code shall be payable in the same amount, on the same terms, and 4,919
subject to the same conditions as benefits payable on the basis 4,920
of other service subject to this chapter; except that after 4,921
December 31, 1977: 4,922
120
(a) Benefits based on service in an instructional, 4,924
research, or principal administrative capacity in an institution 4,925
of higher education, as defined in division (Y) of section 4,926
4141.01 of the Revised Code; or for an educational institution as 4,927
defined in division (CC) of section 4141.01 of the Revised Code, 4,928
shall not be paid to any individual for any week of unemployment 4,929
which THAT begins during the period between two successive 4,930
academic years or terms, or during a similar period between two 4,932
regular but not successive terms or during a period of paid 4,933
sabbatical leave provided for in the individual's contract, if 4,934
the individual performs such services in the first of such THOSE 4,935
academic years or terms and has a contract or a reasonable 4,937
assurance that the individual will perform services in any such 4,938
capacity for any such institution in the second of such THOSE 4,939
academic years or terms. 4,940
(b) Benefits based on service for an educational 4,942
institution or an institution of higher education in other than 4,943
an instructional, research, or principal administrative capacity, 4,944
shall not be paid to any individual for any week of unemployment 4,945
which begins during the period between two successive academic 4,946
years or terms of the employing educational institution or 4,947
institution of higher education, provided the individual 4,948
performed such THOSE services for the educational institution or 4,949
institution of higher education during the first such academic 4,950
year or term and, there is a reasonable assurance that such 4,951
individual will perform such THOSE services for any educational 4,952
institution or institution of higher education in the second of 4,953
such academic years or terms. 4,954
If compensation is denied to any individual for any week 4,956
under division (I)(1)(b) of this section and the individual was 4,957
not offered an opportunity to perform such THOSE services for an 4,958
institution of higher education or for an educational institution 4,959
for the second of such academic years or terms, the individual is 4,960
entitled to a retroactive payment of compensation for each week 4,961
121
for which the individual timely filed a claim for compensation 4,962
and for which compensation was denied solely by reason of 4,963
division (I)(1)(b) of this section. An application for 4,964
retroactive benefits shall be timely filed if received by the 4,965
administrator or his THE ADMINISTRATOR'S deputy within or prior 4,966
to the end of the fourth full calendar week after the end of the 4,968
period for which benefits were denied because of reasonable 4,969
assurance of employment. The provision for the payment of 4,970
retroactive benefits under division (I)(1)(b) of this section is 4,971
applicable to weeks of unemployment beginning on and after 4,972
November 18, 1983. The provisions under division (I)(1)(b) of 4,973
this section shall be retroactive to September 5, 1982, only if, 4,974
as a condition for full tax credit against the tax imposed by the 4,975
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 4,976
3301 TO 3311, the United States secretary of labor determines 4,977
that retroactivity is required by federal law. 4,979
(c) With respect to weeks of unemployment beginning after 4,981
December 31, 1977, benefits shall be denied to any individual for 4,982
any week which commences during an established and customary 4,983
vacation period or holiday recess, if the individual performs any 4,984
services described in divisions (I)(1)(a) and (b) of this section 4,985
in the period immediately before the vacation period or holiday 4,986
recess, and there is a reasonable assurance that the individual 4,987
will perform any such services in the period immediately 4,988
following the vacation period or holiday recess. 4,989
(d) With respect to any services described in division 4,991
(I)(1)(a), (b), or (c) of this section, benefits payable on the 4,992
basis of services in any such capacity shall be denied as 4,993
specified in division (I)(1)(a), (b), or (c) of this section to 4,994
any individual who performs such services in an educational 4,995
institution or institution of higher education while in the 4,996
employ of an educational service agency. For this purpose, the 4,997
term "educational service agency" means a governmental agency or 4,998
governmental entity which THAT is established and operated 4,999
122
exclusively for the purpose of providing services to one or more 5,001
educational institutions or one or more institutions of higher 5,002
education.
(e) Any individual employed by a public school district or 5,004
a county board of mental retardation shall be notified by the 5,005
thirtieth day of April each year if he THE INDIVIDUAL is not to 5,006
be reemployed the following academic year. 5,008
(2) No disqualification will be imposed, between academic 5,010
years or terms or during a vacation period or holiday recess 5,011
under this division, unless the administrator or his THE 5,012
ADMINISTRATOR'S deputy has received a statement in writing from 5,014
the educational institution or institution of higher education 5,015
that the claimant has a contract for, or a reasonable assurance 5,016
of, reemployment for the ensuing academic year or term. 5,017
(3) If an individual has employment with an educational 5,019
institution or an institution of higher education and employment 5,020
with a noneducational employer, during the base period of the 5,021
individual's benefit year, then the individual may become 5,022
eligible for benefits during the between-term, or vacation or 5,023
holiday recess, disqualification period, based on employment 5,024
performed for the noneducational employer, provided that the 5,025
employment is sufficient to qualify the individual for benefit 5,026
rights separately from the benefit rights based on school 5,027
employment. The weekly benefit amount and maximum benefits 5,028
payable during a disqualification period shall be computed based 5,029
solely on the nonschool employment. 5,030
(J) Benefits shall not be paid on the basis of employment 5,032
performed by an alien, unless the alien had been lawfully 5,033
admitted to the United States for permanent residence at the time 5,034
the services were performed, was lawfully present for purposes of 5,035
performing the services, or was otherwise permanently residing in 5,036
the United States under color of law at the time the services 5,037
were performed, under section 212(d)(5) of the "Immigration and 5,038
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,039
123
(1) Any data or information required of individuals 5,041
applying for benefits to determine whether benefits are not 5,042
payable to them because of their alien status shall be uniformly 5,043
required from all applicants for benefits. 5,044
(2) In the case of an individual whose application for 5,046
benefits would otherwise be approved, no determination that 5,047
benefits to the individual are not payable because of his THE 5,048
INDIVIDUAL'S alien status shall be made except upon a 5,050
preponderance of the evidence that the individual had not, in 5,051
fact, been lawfully admitted to the United States. 5,052
(K) The administrator shall establish and utilize a system 5,054
of profiling all new claimants under this chapter that: 5,055
(1) Identifies which claimants will be likely to exhaust 5,057
regular compensation and will need job search assistance services 5,058
to make a successful transition to new employment; 5,059
(2) Refers claimants identified pursuant to division 5,061
(K)(1) of this section to reemployment services, such as job 5,062
search assistance services, available under any state or federal 5,063
law; 5,064
(3) Collects follow-up information relating to the 5,066
services received by such claimants and the employment outcomes 5,067
for such claimant's subsequent to receiving such services and 5,068
utilizes such information in making identifications pursuant to 5,069
division (K)(1) of this section; and 5,070
(4) Meets such other requirements as the United States 5,072
secretary of labor determines are appropriate. 5,073
Sec. 4141.291. (A) Notwithstanding section 4141.29 of the 5,083
Revised Code, an individual who voluntarily quits work: 5,084
(1) To accept a recall from a prior employer and 5,086
establishes that the refusal or failure to accept the recall 5,087
would have resulted in a substantial loss of employment rights, 5,088
benefits, or pension, under a labor-management agreement or 5,089
company policy; 5,090
(2) To accept a recall to employment from a prior employer 5,092
124
and cannot establish that a substantial loss of employment 5,093
rights, benefits, or pension was involved in the recall, or to 5,094
accept other employment subject to this chapter, or the 5,095
unemployment compensation act of another state, or of the United 5,096
States, where the individual obtains such employment while still 5,097
employed or commences such employment within seven calendar days 5,099
after the last day of employment with the prior employer, and 5,100
subsequent to the last day of the employment with the prior 5,101
employer, works three weeks in the new employment and earns wages 5,102
equal to one and one-half times the individual's average weekly 5,103
wage or one hundred eighty dollars, whichever is less; 5,104
(3) Shall, under the conditions specified in either 5,106
division (A)(1) or (2) of this section, remove the 5,107
disqualification imposed by division (D)(2)(a) of section 4141.29 5,108
of the Revised Code and shall be deemed to have fully complied 5,109
with division (G) of such section. 5,110
(B) Benefits which may become payable to such individual 5,112
because of the individual's subsequent separation from the 5,113
employer who recalled that individual shall be charged to 5,114
employer accounts as provided in division (D) of section 4141.24 5,115
of the Revised Code.
(C) Any benefits which would be chargeable to the account 5,117
of the employer from whom such individual voluntarily quit to 5,118
accept such recall or other employment which are not chargeable 5,119
to the recalling employer as provided in this section shall be 5,120
charged to the mutualized account provided in section 4141.25 of 5,121
the Revised Code; except that any benefits chargeable to the 5,122
account of a reimbursing employer under this division shall be 5,123
charged to the account of the reimbursing employer and not the 5,124
mutualized account unless the charge is required under division 5,125
(C) of section 4141.33 of the Revised Code, EXCEPT AS PROVIDED IN 5,127
DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE.
Sec. 4141.301. (A) As used in this section, unless the 5,136
context clearly requires otherwise: 5,137
125
(1) "Extended benefit period" means a period which: 5,139
(a) Begins with the third week after a week for which 5,141
there is a state "on" indicator; and 5,142
(b) Ends with either of the following weeks, whichever 5,144
occurs later: 5,145
(i) The third week after the first week for which there is 5,147
a state "off" indicator; or 5,148
(ii) The thirteenth consecutive week of such period; 5,150
Except, that no extended benefit period may begin by reason 5,152
of a state "on" indicator before the fourteenth week following 5,153
the end of a prior extended benefit period which was in effect 5,154
with respect to this state. 5,155
(2) There is a "state 'on' indicator" for this state for a 5,157
week if the administrator determines, in accordance with the 5,158
regulations of the United States secretary of labor, that for the 5,159
period consisting of such week and the immediately preceding 5,160
twelve weeks, the rate of insured unemployment, not seasonally 5,161
adjusted, under Chapter 4141. of the Revised Code: 5,162
(a) Equaled or exceeded one hundred and twenty per cent of 5,164
the average of such rates for the corresponding thirteen-week 5,165
period ending in each of the preceding two calendar years, and 5,166
for weeks beginning before September 25, 1982, equaled or 5,167
exceeded four per cent and for weeks beginning after September 5,168
25, 1982, equaled or exceeded five per cent; 5,169
(b) For weeks of unemployment beginning after December 31, 5,171
1977 and before September 25, 1982, such rate of insured 5,172
unemployment: 5,173
(i) Met the criteria set forth in division (A)(2)(a) of 5,175
this section; or 5,176
(ii) Equaled or exceeded five per cent. 5,178
(c) For weeks of unemployment beginning after September 5,180
25, 1982, such rate of insured unemployment: 5,181
(i) Met the criteria set forth in division (A)(2)(a) of 5,183
this section; or 5,184
126
(ii) Equaled or exceeded six per cent. 5,186
(3) A "state 'off' indicator" exists for the state for a 5,188
week if the administrator determines, in accordance with the 5,189
regulations of the United States secretary of labor, that for the 5,190
period consisting of such week and the immediately preceding 5,191
twelve weeks, the rate of insured unemployment, not seasonally 5,192
adjusted, under Chapter 4141. of the Revised Code: 5,193
(a) Was less than one hundred and twenty per cent of the 5,195
average of such rates for the corresponding thirteen-week period 5,196
ending in each of the preceding two calendar years, or for weeks 5,197
beginning before September 25, 1982, was less than four per cent 5,198
and for weeks beginning after September 25, 1982, was less than 5,199
five per cent; 5,200
(b) For weeks of unemployment beginning after December 31, 5,202
1977 and before September 25, 1982, such rate of insured 5,203
unemployment: 5,204
(i) Was less than five per cent; and 5,206
(ii) Met the criteria set forth in division (A)(3)(a) of 5,208
this section. 5,209
(c) For weeks of unemployment beginning after September 5,211
25, 1982, such rate of insured unemployment; 5,212
(i) Was less than six per cent; and 5,214
(ii) Met the criteria set forth in division (A)(3)(a) of 5,216
this section. 5,217
(4) "Rate of insured unemployment," for purposes of 5,219
divisions (A)(2) and (3) of this section, means the percentage 5,220
derived by dividing: 5,221
(a) The average weekly number of individuals filing claims 5,223
for regular compensation in this state for weeks of unemployment 5,224
with respect to the most recent thirteen-consecutive-week period, 5,225
as determined by the administrator on the basis of his THE 5,226
ADMINISTRATOR'S reports to the United States secretary of labor, 5,228
by
(b) The average monthly employment covered under Chapter 5,230
127
4141. of the Revised Code, for the first four of the most recent 5,231
six completed calendar quarters ending before the end of such 5,232
thirteen-week period. 5,233
(5) "Regular benefits" means benefits payable to an 5,235
individual, as defined in division (C) of section 4141.01 of the 5,236
Revised Code, or under any other state law, including dependents' 5,237
allowance and benefits payable to federal civilian employees and 5,238
to ex-servicemen EX-SERVICEPERSONS pursuant to the "Act of 5,239
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, other than 5,241
extended benefits, and additional benefits as defined in division 5,242
(A)(10) of this section. 5,243
(6) "Extended benefits" means benefits, including benefits 5,245
payable to federal civilian employees and to ex-servicemen 5,246
EX-SERVICEPERSONS pursuant to the "Act of September 6, 1966," 80 5,248
Stat. 585, 5 U.S.C.A. 8501, and additional benefits, payable to 5,249
an individual under the provisions of this section for weeks of 5,250
unemployment in his THE INDIVIDUAL'S eligibility period. 5,251
(7) "Eligibility period" of an individual means the period 5,253
consisting of the weeks in his THE INDIVIDUAL'S benefit year 5,254
which begin in an extended benefit period and, if his THE 5,256
INDIVIDUAL'S benefit year ends within the extended benefit 5,258
period, any weeks thereafter which begin in the period. 5,259
(8) "Exhaustee" means an individual who, with respect to 5,261
any week of unemployment in his THE INDIVIDUAL'S eligibility 5,262
period: 5,263
(a) Has received prior to the week, all of the regular 5,265
benefits that were available to him THE INDIVIDUAL under Chapter 5,266
4141. of the Revised Code, or any other state law, including 5,268
dependents' allowance and benefits payable to federal civilian 5,269
employees and ex-servicemen EX-SERVICEPERSONS under the "Act of 5,270
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE 5,272
INDIVIDUAL'S current benefit year that includes the week; 5,274
(b) Has received, prior to the week, all of the regular 5,276
benefits that were available to him THE INDIVIDUAL under this 5,277
128
chapter or any other state law, including dependents' allowances 5,279
and regular benefits available to federal civilian employees and 5,280
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6, 5,281
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE INDIVIDUAL'S 5,283
current benefit year that includes the week, after the 5,285
cancellation of some or all of his THE INDIVIDUAL'S wage credits 5,286
or the total or partial reduction of his THE INDIVIDUAL'S right 5,287
to regular benefits, provided that, for the purposes of divisions 5,289
(A)(8)(a) and (8)(b) of this section, an individual shall be 5,290
deemed to have received in his THE INDIVIDUAL'S current benefit 5,291
year all of the regular benefits that were either payable or 5,293
available to him THE INDIVIDUAL even though: 5,294
(i) As a result of a pending appeal with respect to wages 5,296
or employment, or both, that were not included in the original 5,297
monetary determination with respect to his THE INDIVIDUAL'S 5,298
current benefit year, he THE INDIVIDUAL may subsequently be 5,300
determined to be entitled to more regular benefits, or 5,302
(ii) By reason of section 4141.33 of the Revised Code, or 5,304
the seasonal employment provisions of another state law, he THE 5,305
INDIVIDUAL is not entitled to regular benefits with respect to 5,307
the week of unemployment, although he THE INDIVIDUAL may be 5,308
entitled to regular benefits with respect to future weeks of 5,310
unemployment in either the next season or off season in his THE 5,311
INDIVIDUAL'S current benefit year, and he THE INDIVIDUAL is 5,312
otherwise an "exhaustee" within the meaning of this section with 5,313
respect to his THE right to regular benefits under state law 5,314
seasonal employment provisions during either the season or off 5,316
season in which that week of unemployment occurs, or 5,317
(iii) Having established a benefit year, no regular 5,319
benefits are payable to him THE INDIVIDUAL during the year 5,320
because his THE INDIVIDUAL'S wage credits were cancelled or his 5,322
THE INDIVIDUAL'S right to regular benefits was totally reduced as 5,324
the result of the application of a disqualification; or 5,325
(c) His THE INDIVIDUAL'S benefit year having expired prior 5,327
129
to the week, has no, or insufficient, wages or weeks of 5,329
employment on the basis of which he THE INDIVIDUAL could 5,330
establish in any state a new benefit year that would include the 5,332
week, or having established a new benefit year that includes the 5,333
week, he THE INDIVIDUAL is precluded from receiving regular 5,334
benefits by reason of a state law which meets the requirements of 5,335
section 3304 (a)(7) of the "Federal Unemployment Tax Act," 53 5,336
Stat. 183, 26 U.S.C.A. 3301, as amended TO 3311; and 5,337
(i) Has no right for the week to unemployment benefits or 5,339
allowances, as the case may be, under the Railroad Unemployment 5,340
Insurance Act, the Trade Act of 1974, and other federal laws as 5,341
are specified in regulations issued by the United States 5,342
secretary of labor; and 5,343
(ii) Has not received and is not seeking for the week 5,345
unemployment benefits under the unemployment compensation law of 5,346
the Virgin Islands, prior to the day after that on which the 5,347
secretary of labor approves the unemployment compensation law of 5,348
the Virgin Islands, or of Canada; or if he THE INDIVIDUAL is 5,349
seeking benefits and the appropriate agency finally determines 5,351
that he THE INDIVIDUAL is not entitled to benefits under the law 5,353
for the week.
(9) "State law" means the unemployment insurance law of 5,355
any state, approved by the United States secretary of labor under 5,356
section 3304 of the Internal Revenue Code of 1954. 5,357
(10) "Additional benefits" means benefits totally financed 5,359
by a state and payable to exhaustees by reason of high 5,360
unemployment or by reason of other special factors under the 5,361
provisions of any state law. 5,362
(B) Except when the result would be inconsistent with the 5,364
other provisions of this section, as provided in the regulations 5,365
of the administrator, the provisions of Chapter 4141. of the 5,366
Revised Code, which apply to claims for, or the payment of, 5,367
regular benefits, shall apply to claims for, and the payment of, 5,368
extended benefits. 5,369
130
(C) Any individual shall be eligible to receive extended 5,371
benefits with respect to any week of unemployment in his THE 5,372
INDIVIDUAL'S eligibility period only if the administrator finds 5,374
that, with respect to such week: 5,375
(1) The individual is an "exhaustee" as defined in 5,377
division (A)(8) of this section; and 5,378
(2) The individual has satisfied the requirements of 5,380
Chapter 4141. of the Revised Code, for the receipt of regular 5,381
benefits that are applicable to individuals claiming extended 5,382
benefits, including not being subject to a disqualification for 5,383
the receipt of benefits. 5,384
(D) The weekly extended benefit amount payable to an 5,386
individual for a week of total unemployment in his THE 5,387
INDIVIDUAL'S eligibility period shall be the same as the weekly 5,389
benefit amount payable to him THE INDIVIDUAL during his THE 5,390
INDIVIDUAL'S applicable benefit year. 5,391
(E) The total extended benefit amount payable to any 5,393
eligible individual with respect to his THE INDIVIDUAL'S 5,394
applicable benefit year shall be the lesser of the following 5,396
amounts:
(1) Fifty per cent of the total amount of regular 5,398
benefits, including dependents' allowances which were payable to 5,399
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, in 5,400
his THE INDIVIDUAL'S applicable benefit year; 5,402
(2) Thirteen times his THE INDIVIDUAL'S weekly benefit 5,404
amount, including dependents' allowances, which was payable to 5,406
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, for a 5,408
week of total unemployment in the applicable benefit year; 5,409
provided, that in making the computation under divisions (E)(1) 5,410
and (2) of this section, any amount which is not a multiple of 5,411
one dollar shall be rounded to the next lower multiple of one 5,412
dollar.
(F)(1) Except as provided in division (F)(2) of this 5,414
section, an individual eligible for extended benefits pursuant to 5,415
131
an interstate claim filed in any state under the interstate 5,416
benefit payment plan shall not be paid extended benefits for any 5,417
week in which an extended benefit period is not in effect in such 5,418
state. 5,419
(2) Division (F)(1) of this section does not apply with 5,421
respect to the first two weeks for which extended compensation is 5,422
payable to an individual, as determined without regard to this 5,423
division, pursuant to an interstate claim filed under the 5,424
interstate benefit payment plan from the total extended benefit 5,425
amount payable to that individual in his THE INDIVIDUAL'S 5,426
applicable benefit year. 5,427
(3) Notwithstanding any other provisions of this section, 5,429
if the benefit year of any individual ends within an extended 5,430
benefit period, the remaining balance of extended benefits that 5,431
the individual would, but for this section, be entitled to 5,432
receive in that extended benefit period, with respect to weeks of 5,433
unemployment beginning after the end of the benefit year, shall 5,434
be reduced, but not below zero, by the product of the number of 5,435
weeks for which the individual received any amounts as trade 5,436
readjustment allowances within that benefit year, multiplied by 5,437
the individual's weekly benefit amount for extended benefits. 5,438
(G)(1) Whenever an extended benefit period is to become 5,440
effective in this state, as a result of a state "on" indicator, 5,441
or an extended benefit period is to be terminated in this state 5,442
as a result of a state "off" indicator, the administrator shall 5,443
make an appropriate public announcement. 5,444
(2) Computations required by division (A)(4) of this 5,446
section shall be made by the administrator, in accordance with 5,447
the regulations prescribed by the United States secretary of 5,448
labor. 5,449
(H)(1)(a) The administrator shall promptly examine any 5,451
application for extended benefits filed and, under this section, 5,452
shall determine whether such application is to be allowed or 5,453
disallowed and, if allowed, the weekly and total extended 5,454
132
benefits payable and the effective date of the application. The 5,455
claimant, his THE CLAIMANT'S most recent employer, and any other 5,456
employer in the base period of the claim upon which the extended 5,458
benefits are based, and who was chargeable for regular benefits 5,459
based on such claim, shall be notified of such determination. 5,460
(b) The determination issued to the most recent or other 5,462
base period employer shall include the total amount of extended 5,463
benefits which may be charged to his THE EMPLOYER'S account. 5,464
Such potential charge amount shall be an amount equal to 5,466
one-fourth of the regular benefits chargeable to his THE 5,467
EMPLOYER'S account on the regular claim upon which extended 5,469
benefits are based except that, effective January 1, 1979, the 5,470
potential charge amount to the state and its instrumentalities 5,471
and its political subdivisions and their instrumentalities shall 5,472
be an amount equal to one-half of the regular benefits chargeable 5,473
to their accounts on such claim. If regular benefits were 5,474
chargeable to the mutualized account, in lieu of an employer's 5,475
account, then the extended benefits which are based on such prior 5,476
mutualized benefits shall also be charged to the mutualized 5,477
account.
(c) As extended benefits are paid to eligible individuals: 5,479
(i) One-half of such benefits will be charged to an 5,481
extended benefit account to which reimbursement payments of 5,482
one-half of extended benefits, received from the federal 5,483
government as described in division (J) of this section, will be 5,484
credited; and 5,485
(ii) One-half of the extended benefits shall be charged to 5,487
the accounts of base period employers and the mutualized account 5,488
in the same sequence as was provided for on the regular claim; or 5,489
(iii) The full amount of extended benefits shall be 5,491
charged to the accounts of the state and its instrumentalities, 5,492
and its political subdivisions and their instrumentalities. 5,493
Employers making payments in lieu of contributions shall be 5,494
charged in accordance with division (B)(1) of section 4141.241 of 5,495
133
the Revised Code. 5,496
(d) If the application for extended benefits is 5,498
disallowed, a determination shall be issued to the claimant, 5,499
which determination shall set forth the reasons for the 5,500
disallowance. Determinations issued under this division, whether 5,501
allowed or disallowed, shall be subject to reconsideration and 5,502
appeal in accordance with section 4141.28 of the Revised Code. 5,503
(2) Any additional or continued claims, as described in 5,505
division (F) of section 4141.01 of the Revised Code, filed by an 5,506
individual at the beginning of, or during, his THE INDIVIDUAL'S 5,507
extended benefit period shall be determined under division (D) of 5,509
section 4141.28 of the Revised Code, and such determination shall 5,510
be subject to reconsideration and appeal in accordance with 5,511
section 4141.28 of the Revised Code. 5,512
(I) Notwithstanding division (B) of this section, payment 5,514
of extended benefits under this section shall not be made to any 5,515
individual for any week of unemployment in his THE INDIVIDUAL'S 5,516
eligibility period during which he THE INDIVIDUAL fails to accept 5,518
any offer of suitable work, as defined in division (I)(2) of this 5,520
section, or fails to apply for any suitable work to which he THE 5,521
INDIVIDUAL was referred by the administrator, or fails to 5,523
actively engage in seeking work, as prescribed in division (I)(4) 5,524
of this section.
(1) If any individual is ineligible for extended benefits 5,526
for any week by reason of a failure described in this division, 5,527
the individual shall be ineligible to receive extended benefits 5,528
beginning with the week in which the failure occurred and 5,529
continuing until the individual has been employed during each of 5,530
four subsequent weeks and the total remuneration earned by the 5,531
individual for this employment is equal to or more than four 5,532
times the individual's weekly extended benefit amount, and has 5,533
met all other eligibility requirements of this section, in order 5,534
to establish entitlement to extended benefits. 5,535
(2) For purposes of this section, the term "suitable work" 5,537
134
means, with respect to an individual, any work which is within 5,538
the individual's capabilities, provided that with respect to the 5,539
position all of the following requirements are met: 5,540
(a) It offers the individual gross average weekly 5,542
remuneration of more than the sum of: 5,543
(i) The individual's extended weekly benefit amount; and 5,545
(ii) The amount of supplemental unemployment compensation 5,547
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,548
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,549
the individual for the week of unemployment. 5,550
(b) It pays equal to or more than the higher of: 5,552
(i) The minimum wage provided by section 6(a)(1) of the 5,554
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,555
206, without regard to any exemption; or 5,556
(ii) Any applicable state or local minimum wage. 5,558
(c) It is offered to the individual in writing or is 5,560
listed with the employment office maintained or designated by the 5,561
bureau of employment services. 5,562
(3) Extended benefits shall not be denied under this 5,564
division to any individual for any week by reason of a failure to 5,565
accept an offer of, or apply for suitable work if either of the 5,566
following conditions apply: 5,567
(a) The failure would not result in a denial of benefits 5,569
to a regular benefit claimant under section 4141.29 of the 5,570
Revised Code to the extent that section 4141.29 of the Revised 5,571
Code is not inconsistent with division (I)(2) of this section; 5,572
(b) The individual furnishes evidence satisfactory to the 5,574
administrator that the individual's prospects for obtaining work 5,575
in his THE INDIVIDUAL'S customary occupation within a reasonably 5,576
short period are good. If the evidence is deemed satisfactory, 5,578
the determination as to whether any work is suitable work with 5,579
respect to this individual and whether the individual is 5,580
ineligible or disqualified shall be based upon the meaning of 5,581
"suitable work" and other provisions in section 4141.29 of the 5,582
135
Revised Code.
(4) For purposes of this section, an individual shall be 5,584
treated as actively engaged in seeking work during any week if: 5,585
(a) The individual has engaged in a systematic and 5,587
sustained effort to obtain work during that week; and 5,588
(b) The individual provides tangible evidence to the 5,590
administrator that he THE INDIVIDUAL has engaged in the effort 5,591
during that week. 5,592
(5) The administrator shall refer applicants for extended 5,594
benefits to job openings that meet the requirements of divisions 5,595
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,596
case of applicants whose prospects are determined not to be good 5,597
under division (I)(3)(b) of this section to any suitable work 5,598
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,599
section. 5,600
(6) Individuals denied extended or regular benefits under 5,602
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,603
of being given a disciplinary layoff for misconduct must, after 5,604
the date of disqualification, work the length of time and earn 5,605
the amount of remuneration specified in division (I)(1) of this 5,606
section, and meet all other eligibility requirements of this 5,607
section, in order to establish entitlement to extended benefits. 5,608
(J) All payments of extended benefits made pursuant to 5,610
this section shall be paid out of the unemployment compensation 5,611
fund, provided by section 4141.09 of the Revised Code, and all 5,612
payments of the federal share of extended benefits that are 5,613
received as reimbursements under section 204 of the 5,614
"Federal-State Extended Unemployment Compensation Act of 1970," 5,615
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,616
unemployment compensation fund and shall be credited to the 5,617
extended benefit account established by division (G) of this 5,618
section. Any refund of extended benefits, because of prior 5,619
overpayment of such benefits, may be made from the unemployment 5,620
compensation fund. 5,621
136
(K) In the administration of the provisions of this 5,623
section which are enacted to conform with the requirements of the 5,624
"Federal-State Extended Unemployment Compensation Act of 1970," 5,625
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,626
action consistent with state law, as may be necessary: 5,627
(1) To ensure that the provisions are so interpreted and 5,629
applied as to meet the requirements of the federal act as 5,630
interpreted by the United States department of labor; and 5,631
(2) To secure to this state the full reimbursement of the 5,633
federal share of extended benefits paid under this section that 5,634
are reimbursable under the federal act. 5,635
Sec. 4141.312. Notwithstanding sections 4141.31 and 5,644
4141.311 of the Revised Code, and to the extent that the 5,645
following provisions are required as a condition for full tax 5,646
credit against the tax imposed by the "Federal Unemployment Tax 5,647
Act of 1976," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, then the 5,649
following conditions shall apply: 5,650
(A) The amount of benefits payable to a claimant for any 5,652
week with respect to which the claimant is receiving a 5,653
governmental or other pension, retirement or retired pay, annuity 5,654
or any other similar periodic payment which is based on the 5,655
previous work of the individual, shall, to the extent required by 5,656
such federal act, be reduced by an amount equal to the amount of 5,657
the pension, retirement or retired pay, annuity or other payment 5,658
which is reasonably attributable to that week. 5,659
(B) The amount of any disability pension, allowance, or 5,661
payment paid to former members of the armed forces of the United 5,662
States which is based on the nature and extent of the disability 5,663
rather than a prior period of employment or service, shall not 5,664
reduce or be deducted from the weekly benefits payable. 5,665
Sec. 4141.33. (A) "Seasonal employment" means employment 5,675
of individuals hired primarily to perform services in an industry 5,676
which because of climatic conditions or because of the seasonal 5,677
nature of such industry it is customary to operate only during 5,678
137
regularly recurring periods of forty weeks or less in any 5,679
consecutive fifty-two weeks. "Seasonal employer" means an 5,680
employer determined by the administrator of the bureau of 5,681
employment services to be an employer whose operations and 5,682
business, with the exception of certain administrative and 5,683
maintenance operations, are substantially all in a seasonal 5,684
industry. Any employer who claims to have seasonal employment in 5,685
a seasonal industry may file with the administrator a written 5,686
application for classification of such employment as seasonal. 5,687
Whenever in any industry it is customary to operate because of 5,688
climatic conditions or because of the seasonal nature of such 5,689
industry only during regularly recurring periods of forty weeks 5,690
or less duration, benefits shall be payable only during the 5,691
longest seasonal periods which the best practice of such industry 5,692
will reasonably permit. The administrator shall determine, after 5,693
investigation, hearing, and due notice, whether the industry is 5,694
seasonal and, if seasonal, establish seasonal periods for such 5,695
seasonal employer. Until such determination by the 5,696
administrator, no industry or employment shall be deemed 5,697
seasonal. 5,698
(B) When the administrator has determined such seasonal 5,700
periods, he shall also establish the proportionate number of 5,703
weeks of employment and earnings required to qualify for seasonal 5,704
benefit rights in place of the weeks of employment and earnings 5,705
requirement stipulated in division (R) of section 4141.01 and 5,706
section 4141.30 of the Revised Code, and the proportionate number 5,707
of weeks for which seasonal benefits may be paid. An individual 5,708
whose base period employment consists of only seasonal employment 5,709
for a single seasonal employer and who meets the employment and 5,710
earnings requirements determined by the administrator pursuant to 5,711
this division will have his benefit rights determined in 5,712
accordance with this division. Benefit charges for such seasonal 5,713
employment shall be computed and charged in accordance with 5,714
division (D) of section 4141.24 of the Revised Code. The 5,715
138
administrator may adopt rules for implementation of this section. 5,716
(C) An individual whose base period employment consists of 5,718
either seasonal employment with two or more seasonal employers or 5,719
both seasonal employment and nonseasonal employment with 5,720
employers subject to this chapter, will have his benefit rights 5,721
determined in accordance with division (R) of section 4141.01 and 5,722
section 4141.30 of the Revised Code. Benefit charges for both 5,723
seasonal and nonseasonal employment shall be computed and charged 5,724
in accordance with division (D) of section 4141.24 of the Revised 5,725
Code, except that benefit charges for weeks of unemployment that 5,726
occurred outside a seasonal employer's seasonal period, as 5,727
determined by the administrator pursuant to division (A) of this 5,728
section, shall not be charged to the account of that seasonal 5,729
employer but shall instead be charged to the mutualized account 5,730
established pursuant to division (D) of section 4141.25 of the 5,732
Revised Code. The total seasonal and nonseasonal benefits during 5,733
a benefit year cannot exceed twenty-six times the weekly benefit 5,734
amount. 5,735
(D) Benefits shall not be paid to any individual on the 5,737
basis of any services, substantially all of which consist of 5,738
participating in sports or athletic events or training or 5,739
preparing to so participate, for any week which commences during 5,740
the period between two successive sport seasons, or similar 5,741
periods, if the individual performed services in the first of the 5,742
seasons, or similar periods, and there is a reasonable assurance 5,743
that the individual will perform services in the later of the 5,744
seasons, or similar periods. 5,745
(1) The term "reasonable assurance" as used in this 5,747
division means a written, verbal, or implied agreement that the 5,749
individual will perform services in the same or similar capacity 5,750
during the ensuing sports season. 5,751
(2) The administrator shall adopt rules concerning the 5,753
eligibility for benefits of individuals under this division. 5,754
(D) Notwithstanding division (A) of this section, the Ohio 5,757
139
expositions commission is a "seasonal employer" for purposes of 5,758
this chapter.
Sec. 4141.35. (A) If the administrator of the bureau of 5,767
employment services finds that any fraudulent misrepresentation 5,768
has been made by an applicant for or a recipient of benefits with 5,769
the object of obtaining benefits to which he THE APPLICANT OR 5,770
RECIPIENT was not entitled, and in addition to any other penalty 5,772
or forfeiture under this chapter, then the administrator: 5,773
(1) Shall within four years after the end of the benefit 5,775
year in which the fraudulent misrepresentation was made reject or 5,776
cancel such person's entire weekly claim for benefits that was 5,777
fraudulently claimed, or his THE PERSON'S entire benefit rights 5,778
if the misrepresentation was in connection with the filing of the 5,780
claimant's application for determination of benefit rights; 5,781
(2) Shall by order declare that, for each application for 5,783
benefit rights and for each weekly claim canceled, such person 5,784
shall be ineligible for two otherwise valid weekly claims for 5,785
benefits, claimed within six years subsequent to the discovery of 5,786
such misrepresentation; 5,787
(3) Shall by BY order SHALL require that the total amount 5,790
of benefits rejected or canceled under division (A)(1) of this 5,791
section be repaid to the bureau of employment services before 5,792
such person may become eligible for further benefits, and shall 5,793
withhold such unpaid sums from future benefit payments accruing 5,794
and otherwise payable to such claimant. Effective with orders 5,795
issued on or after January 1, 1993, if such benefits are not 5,796
repaid within thirty days after the administrator's order becomes 5,797
final, interest on the amount remaining unpaid shall be charged 5,798
to the person at a rate and calculated in the same manner as 5,799
provided under section 4141.23 of the Revised Code. When a 5,800
person ordered to repay benefits has repaid all overpaid benefits 5,801
according to a plan approved by the administrator, the 5,802
administrator may cancel the amount of interest that accrued 5,803
during the period of the repayment plan. The administrator may 5,804
140
take action in the courts of this state to collect benefits and 5,805
interest as provided in sections 4141.23 and 4141.27 of the 5,806
Revised Code, in regard to the collection of unpaid 5,807
contributions, using the final repayment order as the basis for 5,808
such action. No administrative or legal proceedings for the 5,809
collection of such benefits or interest due shall be initiated 5,810
after the expiration of six years from the date on which the 5,811
administrator's order requiring repayment became final and the 5,812
amount of any benefits or interest not recovered at that time, 5,813
and any liens thereon, shall be canceled as uncollectible. 5,814
(4) May take action to collect benefits fraudulently 5,816
obtained under the unemployment compensation law of any other 5,817
state or the United States or Canada. Such action may be 5,818
initiated in the courts of this state in the same manner as 5,819
provided for unpaid contributions in section 4141.41 of the 5,820
Revised Code. 5,821
(5) May take action to collect benefits that have been 5,823
fraudulently obtained from the bureau, interest pursuant to 5,824
division (A)(3) of this section, and court costs, through 5,825
attachment proceedings under Chapter 2715. of the Revised Code 5,826
and garnishment proceedings under Chapter 2716. of the Revised 5,827
Code. 5,828
(B) If the administrator finds that an applicant for 5,830
benefits has been credited with a waiting period or paid benefits 5,831
to which the applicant was not entitled for reasons other than 5,832
fraudulent misrepresentation, the administrator shall: 5,834
(1)(a) Within six months after the determination under 5,837
which the claimant was credited with that waiting period or paid 5,838
benefits becomes final pursuant to section 4141.28 of the Revised 5,839
Code, or within three years after the end of the benefit year in 5,840
which such benefits were claimed, whichever is later, by order 5,841
cancel such waiting period and require that such benefits be 5,842
repaid to the bureau of employment services or be withheld from 5,843
any benefits to which such applicant is or may become entitled 5,844
141
before any additional benefits are paid, provided that the 5,845
repayment or withholding shall not be required where the 5,846
overpayment is the result of the administrator's correcting or 5,847
amending a prior decision due to a typographical or clerical 5,848
error in the administrator's prior decision, or an error in an 5,849
employer's report under division (G)(2) of section 4141.28 of the 5,850
Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 5,852
section shall not apply to cases involving the retroactive 5,853
payment of remuneration covering periods for which benefits were 5,854
previously paid to the claimant. However, in such cases, the 5,855
administrator's order requiring repayment shall not be issued 5,856
unless the administrator is notified of such retroactive payment 5,857
within six months from the date the retroactive payment was made 5,858
to the claimant. 5,859
(2) The administrator may, by reciprocal agreement with 5,861
the United States secretary of labor or another state, recover 5,862
overpayment amounts from unemployment benefits otherwise payable 5,863
to an individual under Chapter 4141. of the Revised Code. Any 5,864
overpayments made to the individual that have not previously been 5,865
recovered under an unemployment benefit program of the United 5,866
States may be recovered in accordance with section 303(g) of the 5,867
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 5,868
"Federal Unemployment Tax Act," Pub. L. 99-272 53 STAT. 183 5,870
(1939), 26 U.S.C.A. 3301 TO 3311.
(3) If the amounts required to be repaid under division 5,872
(B) of this section are not recovered within three years from the 5,873
date the administrator's order requiring payment became final, 5,874
initiate no further action to collect such benefits and the 5,875
amount of any benefits not recovered at that time shall be 5,876
canceled as uncollectible. 5,877
(C) The reconsideration and appeal provisions of section 5,879
4141.28 of the Revised Code shall apply to all orders and 5,880
determinations issued under this section, except that an 5,881
142
individual's right of appeal under division (B)(2) of this 5,882
section shall be limited to this state's authority to recover 5,883
overpayment of benefits. 5,884
(D) If an individual makes a full repayment or a repayment 5,886
that is less than the full amount required by this section, the 5,887
administrator shall apply the repayment to the mutualized account 5,888
under division (D)(B) of section 4141.25 of the Revised Code, 5,889
except that the administrator shall credit the repayment to the 5,891
accounts of the individual's base period employers that 5,892
previously have not been credited for the amount of improperly 5,893
paid benefits charged against their accounts based on the 5,894
proportion of benefits charged against the accounts as determined 5,895
pursuant to division (D) of section 4141.24 and division (B) or 5,896
(C) of section 4141.33 of the Revised Code. 5,897
The administrator shall deposit any repayment collected 5,899
under this section that the administrator determines to be 5,900
payment of interest or court costs into the unemployment 5,902
compensation special administrative fund established pursuant to 5,903
section 4141.11 of the Revised Code. 5,904
Sec. 4141.43. (A) The administrator of the bureau of 5,915
employment services may cooperate with the industrial commission, 5,916
the bureau of workers' compensation, the United States internal 5,918
revenue service, the United States employment service, the 5,919
department of human services, and other similar departments and 5,920
agencies, as determined by the administrator, in the exchange or 5,921
disclosure of information as to wages, employment, payrolls, 5,922
unemployment, and other information. The administrator may 5,923
employ, jointly with one or more of such agencies or departments, 5,924
auditors, examiners, inspectors, and other employees necessary 5,925
for the administration of this chapter and employment and 5,926
training services for workers in the state. 5,927
(B) The administrator may make the state's record relating 5,929
to the administration of this chapter available to the railroad 5,930
retirement board and may furnish the board at the board's expense 5,931
143
such copies thereof as the board deems necessary for its 5,932
purposes. 5,933
(C) The administrator may afford reasonable cooperation 5,935
with every agency of the United States charged with the 5,936
administration of any unemployment compensation law. 5,937
(D) The administrator may enter into arrangements with the 5,939
appropriate agencies of other states or of the United States or 5,940
Canada whereby individuals performing services in this and other 5,941
states for a single employer under circumstances not specifically 5,942
provided for in division (B) of section 4141.01 of the Revised 5,943
Code or in similar provisions in the unemployment compensation 5,944
laws of such other states shall be deemed to be engaged in 5,945
employment performed entirely within this state or within one of 5,946
such other states or within Canada, and whereby potential rights 5,947
to benefits accumulated under the unemployment compensation laws 5,948
of several states or under such a law of the United States, or 5,949
both, or of Canada may constitute the basis for the payment of 5,950
benefits through a single appropriate agency under terms that the 5,951
administrator finds will be fair and reasonable as to all 5,952
affected interests and will not result in any substantial loss to 5,953
the unemployment compensation fund. 5,954
(E) The administrator may enter into agreements with the 5,956
appropriate agencies of other states or of the United States or 5,957
Canada: 5,958
(1) Whereby services or wages upon the basis of which an 5,960
individual may become entitled to benefits under the unemployment 5,961
compensation law of another state or of the United States or 5,962
Canada shall be deemed to be employment or wages for employment 5,963
by employers for the purposes of qualifying claimants for 5,964
benefits under this chapter, and the administrator may estimate 5,965
the number of weeks of employment represented by the wages 5,966
reported to the administrator for such claimants by such other 5,967
agency, provided such other state agency or agency of the United 5,969
States or Canada has agreed to reimburse the unemployment 5,970
144
compensation fund for such portion of benefits paid under this 5,971
chapter upon the basis of such services or wages as the 5,972
administrator finds will be fair and reasonable as to all 5,973
affected interests;
(2) Whereby the administrator will reimburse other state 5,975
or federal or Canadian agencies charged with the administration 5,976
of unemployment compensation laws with such reasonable portion of 5,977
benefits, paid under the law of such other states or of the 5,978
United States or of Canada upon the basis of employment or wages 5,979
for employment by employers, as the administrator finds will be 5,980
fair and reasonable as to all affected interests. Reimbursements 5,981
so payable shall be deemed to be benefits for the purpose of 5,982
section 4141.09 and division (A) of section 4141.30 of the 5,983
Revised Code. However, no reimbursement so payable shall be 5,984
charged against any employer's account for the purposes of 5,985
section 4141.24 of the Revised Code if the employer's account, 5,986
under the same or similar circumstances, with respect to benefits 5,987
charged under the provisions of this chapter, other than this 5,989
section, would not be charged or, if the claimant at the time the 5,990
claimant files the combined wage claim cannot establish benefit 5,991
rights under this chapter. This noncharging shall not be 5,992
applicable to a nonprofit organization that has elected to make 5,993
payments in lieu of contributions under section 4141.241 of the 5,994
Revised Code, except as provided in division (C)(D)(2) of section 5,996
4141.33 4141.24 of the Revised Code. The administrator may make 5,998
to other state or federal or Canadian agencies and receive from 5,999
such other state or federal or Canadian agencies reimbursements 6,000
from or to the unemployment compensation fund, in accordance with 6,001
arrangements pursuant to this section. 6,002
(3) Notwithstanding division (B)(2)(f) of section 4141.01 6,004
of the Revised Code, the administrator may enter into agreements 6,005
with other states whereby services performed for a crew leader, 6,006
as defined in division (BB) of section 4141.01 of the Revised 6,007
Code, may be covered in the state in which the crew leader 6,008
145
either: 6,009
(a) Has his or her THE CREW LEADER'S place of business or 6,011
from which his or her THE CREW LEADER'S business is operated or 6,013
controlled;
(b) Has his or her residence RESIDES if he or she THE CREW 6,016
LEADER has no place of business in any state. 6,017
(F) The administrator may apply for an advance to the 6,019
unemployment compensation fund and do all things necessary or 6,020
required to obtain such advance and arrange for the repayment of 6,021
such advance in accordance with Title XII of the "Social Security 6,022
Act" as amended. 6,023
(G) The administrator may enter into reciprocal agreements 6,025
or arrangements with the appropriate agencies of other states in 6,026
regard to services on vessels engaged in interstate or foreign 6,027
commerce whereby such services for a single employer, wherever 6,028
performed, shall be deemed performed within this state or within 6,029
such other states. 6,030
(H) The administrator shall participate in any 6,032
arrangements for the payment of compensation on the basis of 6,033
combining an individual's wages and employment, covered under 6,034
this chapter, with the individual's wages and employment covered 6,035
under the unemployment compensation laws of other states which 6,037
are approved by the United States secretary of labor in 6,038
consultation with the state unemployment compensation agencies as 6,039
reasonably calculated to assure the prompt and full payment of 6,040
compensation in such situations and which include provisions for: 6,041
(1) Applying the base period of a single state law to a 6,043
claim involving the combining of an individual's wages and 6,044
employment covered under two or more state unemployment 6,045
compensation laws, and 6,046
(2) Avoiding the duplicate use of wages and employment by 6,048
reason of such combining. 6,049
(I) The administrator shall cooperate with the United 6,051
States department of labor to the fullest extent consistent with 6,052
146
this chapter, and shall take such action, through the adoption of 6,053
appropriate rules, regulations, and administrative methods and 6,054
standards, as may be necessary to secure to this state and its 6,055
citizens all advantages available under the provisions of the 6,056
"Social Security Act" that relate to unemployment compensation, 6,057
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,058
U.S.C.A. 3301 TO 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,060
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,061
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306. 6,062
Sec. 4582.31. A port authority created in accordance with 6,071
section 4582.22 of the Revised Code may: 6,072
(A) Adopt bylaws for the regulation of its affairs and the 6,074
conduct of its business; 6,075
(B) Adopt an official seal; 6,077
(C) Maintain a principal office within its jurisdiction, 6,079
and maintain such branch offices as it may require; 6,080
(D) Acquire, purchase, construct, reconstruct, enlarge, 6,082
furnish, equip, maintain, repair, sell, exchange, lease or rent 6,083
to, lease or rent from, or operate port authority facilities; 6,084
(E) Straighten, deepen, and improve any channel, river, 6,086
stream, or other water course or way which may be necessary or 6,087
proper in the development of the facilities of a water port; 6,088
(F) Make available the use or services of any port 6,090
authority facility to one or more persons, one or more 6,091
governmental agencies, or any combination thereof; 6,092
(G) Issue bonds or notes for the acquisition or 6,094
construction of any port authority facility or other permanent 6,095
improvement which a port authority is authorized to acquire or 6,096
construct, in compliance with Chapter 133. of the Revised Code, 6,097
except that such bonds or notes may only be issued pursuant to a 6,098
vote of the electors residing within the area of jurisdiction of 6,099
the port authority. The net indebtedness incurred by a port 6,100
authority shall never exceed two per cent of the total value of 6,101
all property within the territory comprising such port authority 6,102
147
as listed and assessed for taxation. 6,103
(H) Issue port authority revenue bonds beyond the limit of 6,105
bonded indebtedness provided by law, payable solely from revenues 6,106
as provided in section 4582.48 of the Revised Code, unless the 6,107
bonds be refunded by refunding bonds, for the purpose of 6,108
providing funds to pay the costs of any port authority facility 6,109
or facilities or parts thereof, pursuant to Section 13 of Article 6,110
VIII, Ohio Constitution, and in order to create or preserve jobs 6,111
and employment opportunities and improve the economic welfare of 6,112
the people of the state; 6,113
(I) Apply to the proper authorities of the United States 6,115
pursuant to appropriate law for the right to establish, operate, 6,116
and maintain foreign trade zones within the area of jurisdiction 6,117
of the port authority and to establish, operate, and maintain 6,118
such foreign trade zones IN ACCORDANCE WITH THE "FOREIGN TRADE 6,120
ZONES ACT," 48 STAT. 998 (1934), 19 U.S.C. 81a TO 81u; 6,121
(J) Enjoy and possess the same rights, privileges, and 6,123
powers granted municipal corporations under sections 721.04 to 6,124
721.11 of the Revised Code; 6,125
(K) Maintain such funds as it considers necessary; 6,127
(L) Direct its agents or employees, when properly 6,129
identified in writing, and after at least five days' written 6,130
notice, to enter upon lands within the confines of its 6,131
jurisdiction in order to make surveys and examinations 6,132
preliminary to location and construction of works for the 6,133
purposes of the port authority, without liability of the port 6,134
authority or its agents or employees except for actual damage 6,135
done; 6,136
(M) Promote, advertise, and publicize the port authority 6,138
and its facilities; provide information to shippers and other 6,139
commercial interests; and appear before rate-making authorities 6,140
to represent and promote the interests of the port authority.; 6,141
(N) Adopt rules, not in conflict with general law, 6,143
governing the use of its property, grounds, buildings, equipment, 6,144
148
and facilities, and governing the conduct of its employees and 6,145
the public, in order to promote the public safety and convenience 6,146
in and about its facilities and grounds, and to maintain order. 6,147
Any such rule shall be posted at a prominent place in each of the 6,148
facilities to which it applies. No person shall violate any 6,149
lawful rule adopted and posted as provided in this division. 6,150
(O) Acquire by gift or purchase, hold, lease, and dispose 6,152
of real and personal property and interests therein in the 6,153
exercise of the powers of the port authority and the performance 6,154
of its duties under sections 4582.21 to 4582.59 of the Revised 6,155
Code; 6,156
(P) Acquire, in the name of the port authority, by 6,158
purchase or otherwise, on such terms and in such manner as the 6,159
port authority finds proper, or by the exercise of the right of 6,160
condemnation in the manner provided by section 4582.56 of the 6,161
Revised Code, such public or private lands, including public 6,162
parks, playgrounds, or reservations, or parts thereof or rights 6,163
therein, rights-of-way, property, rights, easements, and 6,164
interests as it finds necessary for carrying out sections 4582.21 6,165
to 4582.59 of the Revised Code, and compensation shall be paid 6,166
for public or private lands so taken; 6,167
(Q) Make and enter into all contracts and agreements and 6,169
execute all instruments necessary or incidental to the 6,170
performance of its duties and the execution of its powers under 6,171
sections 4582.21 to 4582.59 of the Revised Code. 6,172
(1) When the cost under any such contract or agreement, 6,174
other than compensation for personal services, involves an 6,175
expenditure of more than ten thousand dollars, the port authority 6,176
shall make a written contract with the lowest responsive and 6,177
responsible bidder, in accordance with section 9.312 of the 6,178
Revised Code, after advertisement once a week for not less than 6,179
two consecutive weeks in a newspaper of general circulation in 6,180
the county where the facility is located, and in such other 6,181
publications as the port authority determines, which notice shall 6,182
149
state the general character of the work and the general character 6,183
of the materials to be furnished, the place where plans and 6,184
specifications therefor may be examined, and the time and place 6,185
of receiving bids; provided, that a contract or lease for the 6,186
operation of a port authority facility constructed and owned by 6,187
the port authority or an agreement for cooperation in the 6,188
acquisition or construction of a port authority facility pursuant 6,189
to section 4582.43 of the Revised Code or any contract for the 6,190
construction of a port authority facility that is to be leased by 6,191
the port authority to, and operated by, persons who are not 6,192
governmental agencies and the cost of such facility is to be 6,193
amortized exclusively from rentals or other charges paid to the 6,194
port authority by persons who are not governmental agencies is 6,195
not subject to the foregoing requirements and the port authority 6,196
may enter into such contract, lease, or agreement pursuant to 6,197
negotiation and upon such terms and conditions and for such 6,198
period as it finds to be reasonable and proper in the 6,199
circumstances and in the best interests of proper operation or of 6,200
efficient acquisition or construction of such facility. 6,201
(2) Each bid shall contain the full name of every person 6,203
interested in it and shall be accompanied by a sufficient bond or 6,204
certified check on a solvent bank that if the bid is accepted a 6,205
contract will be entered into and the performance thereof 6,206
secured. 6,207
(3) The port authority may reject any and all bids. 6,209
(4) A bond with good and sufficient surety, approved by 6,211
the port authority, shall be required of all contractors in an 6,212
amount equal to at least fifty per cent of the contract price, 6,213
conditioned upon the faithful performance of the contract. 6,214
(R) Employ managers, superintendents, and other employees 6,216
and retain or contract with consulting engineers, financial 6,217
consultants, accounting experts, architects, attorneys, and such 6,218
other consultants and independent contractors as are necessary in 6,219
its judgment to carry out this chapter, and fix the compensation 6,220
150
thereof. All expenses thereof shall be payable from any 6,221
available funds of the port authority or from funds appropriated 6,222
for such purpose by a political subdivision creating or 6,223
participating in the creation of the port authority. 6,224
(S) Receive and accept from any federal agency grants for 6,226
or in aid of the construction of any port authority facility or 6,227
for research and development with respect to port authority 6,228
facilities, and receive and accept aid or contributions from any 6,229
source of money, property, labor, or other things of value, to be 6,230
held, used, and applied only for the purposes for which such 6,231
grants and contributions are made; 6,232
(T) Engage in research and development with respect to 6,234
port authority facilities; 6,235
(U) Purchase fire and extended coverage and liability 6,237
insurance for any port authority facility and for the principal 6,238
office and branch offices of the port authority, insurance 6,239
protecting the port authority and its officers and employees 6,240
against liability for damage to property or injury to or death of 6,241
persons arising from its operations, and any other insurance the 6,242
port authority may agree to provide under any resolution 6,243
authorizing its port authority revenue bonds or in any trust 6,244
agreement securing the same; 6,245
(V) Charge, alter, and collect rentals and other charges 6,247
for the use or services of any port authority facility as 6,248
provided in section 4582.43 of the Revised Code; 6,249
(W) Provide coverage for its employees under Chapters 6,251
145., 4123., and 4141. of the Revised Code; 6,252
(X) Do all acts necessary or proper to carry out the 6,254
powers expressly granted in sections 4582.21 to 4582.59 of the 6,255
Revised Code. 6,256
Section 2. That existing sections 2743.55, 4141.01, 6,258
4141.05, 4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 6,259
4141.21, 4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 6,261
4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, 4141.43,
151
and 4582.31 and sections 4141.043 and 4141.251 of the Revised 6,264
Code are hereby repealed.
Section 3. Section 4141.29 of the Revised Code is 6,266
presented in this act as a composite of the section as amended by 6,267
both Am. Sub. H.B. 571 and S.B. 303 of the 120th General 6,268
Assembly, with the new language of neither of the acts shown in 6,269
capital letters. Section 4141.33 of the Revised Code is 6,270
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 6,271
Assembly, with the new language of neither of the acts shown in 6,272
capital letters. Section 4141.43 of the Revised Code is 6,273
presented in this act as a composite of the section as amended by 6,274
both Am. Sub. S.B. 162 and Am. Sub. H.B. 275 of the 121st General 6,275
Assembly, with the new language of neither of the acts shown in 6,277
capital letters. This is in recognition of the principle stated 6,278
in division (B) of section 1.52 of the Revised Code that such 6,279
amendments are to be harmonized where not substantively 6,280
irreconcilable and constitutes a legislative finding that such is 6,281
the resulting version in effect prior to the effective date of 6,282
this act.
Section 4. This act is hereby declared to be an emergency 6,284
measure necessary for the immediate preservation of the public 6,285
peace, health, and safety. The reason for such necessity is to 6,286
reduce the current tax burden for unemployment compensation upon 6,287
certain employers of the state. Therefore, this act shall go 6,288
into immediate effect. 6,289