As Passed by the Senate 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-OELSLAGER-WATTS-ESPY-HERINGTON-RAY- 11
KEARNS-LATELL 12
14
A B I L L
To amend sections 2743.55, 4141.01, 4141.05, 16
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 17
4141.20, 4141.21, 4141.22, 4141.24, 4141.241, 18
4141.25, 4141.26, 4141.28, 4141.29, 4141.291, 19
4141.301, 4141.312, 4141.33, 4141.35, 4141.43, 20
and 4582.31 and to repeal sections 4141.043 and 22
4141.251 of the Revised Code to make changes in 24
the determination of benefits by the 25
Administrator of the Bureau of Employment
Services, to make changes in the appeals process 26
for unemployment compensation claims, to clarify 28
when an employer receives an experience-rated 29
unemployment tax rate, to change the notice 30
requirements for employers, to modify the 32
provisions regarding seasonal employment, to 33
permit the Bureau to charge the mutualized
account when there is no other account to which 34
benefits may be charged, to specify that all 35
information maintained by the Administrator is 37
confidential, to authorize the acceptance of
reports required from employers and unemployment 38
claims from claimants by electronic means, to 40
delete the calendar year 1990 costs of automation 41
surcharge on all employers, to provide that the 42
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Bureau receives legal process in child support 43
enforcement matters rather than the Department of 44
Human Services, to include limited liability 45
companies in the definition of "employer," to 47
change the definition of independent contractor, 48
to make conforming changes in response to changes 50
in the Federal Unemployment Tax Act, to make
other changes in the Unemployment Compensation 51
Law, to permit specified port authorities to 53
apply to the appropriate authority of the United
States to make modifications relative to foreign 54
trade zones, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 56
Section 1. That sections 2743.55, 4141.01, 4141.05, 58
4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 4141.21, 60
4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 4141.29, 61
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: 65
Sec. 2743.55. (A) A single commissioner or a panel of 74
court of claims commissioners shall hear and determine all 75
matters relating to claims for an award of reparations. A claim 76
for an award of reparations shall not be heard and determined 77
until the expiration of the time allowed for the claimant to 78
respond to the attorney general's finding of fact and 79
recommendation for the claim. A single commissioner or a panel 80
of commissioners may order law enforcement officers to provide 81
them with copies of any information or data gathered in the 82
investigation of the criminally injurious conduct that is the 83
basis of any claim to enable the commissioners to determine 84
whether, and the extent to which, a claimant qualifies for an 85
award of reparations. 86
Any reference in sections 2743.51 to 2743.72 of the Revised 88
Code to action by more than a single commissioner means action by 89
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a panel of commissioners. A panel shall consist of three 90
commissioners who may only proceed upon a majority vote. 91
(B) The court of claims commissioners shall sit in 93
Franklin county. A single commissioner or any panel of 94
commissioners, pursuant to rules adopted by the chief justice of 95
the supreme court, may sit and hear claims for an award of 96
reparations at any other location in the state. 97
(C) Each claim for an award of reparations shall be heard 99
by a single commissioner. The commissioner may determine the 100
claim and make an award administratively without a hearing. If a 101
claimant or the attorney general objects to the determination or 102
award made by a single commissioner and files an objection with 103
the clerk within thirty days after journalization of the order of 104
the commissioner, the claim shall be heard by a panel of three 105
commissioners who shall make an award or deny the claim upon a 106
majority vote. 107
(D) If a claimant files a claim for an award of 109
reparations based upon unemployment benefits loss and if the 110
eligibility of the claimant for unemployment benefits is the 111
subject of a request for reconsideration or an appeal that has 112
not been finally determined pursuant to division (Q) of section 113
4141.28 of the Revised Code, a single commissioner or a panel of 114
court of claims commissioners that is hearing the claimant's 115
claim for an award of reparations shall not make a determination 116
of that claim, until after the claimant's eligibility for 117
unemployment benefits pursuant to Chapter 4141. of the Revised 118
Code has been finally determined pursuant to division (Q) of 119
section 4141.28 of the Revised Code. 120
(E) The supreme court may promulgate rules to implement 122
sections 2743.51 to 2743.72 of the Revised Code, which may 123
include rules for the allowance of attorney's fees, the procedure 124
for hearing claims by a single commissioner or by a panel of 125
court of claims commissioners, and the procedure for hearing 126
appeals from decisions of the court of claims commissioners. 127
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Sec. 4141.01. As used in this chapter, unless the context 136
otherwise requires: 137
(A)(1) "Employer" means the state, its instrumentalities, 139
its political subdivisions and their instrumentalities, and any 140
individual or type of organization including any partnership, 141
LIMITED LIABILITY COMPANY, association, trust, estate, 142
joint-stock company, insurance company, or corporation, whether 144
domestic or foreign, or the receiver, trustee in bankruptcy, 145
trustee, or the successor thereof, or the legal representative of 146
a deceased person who subsequent to December 31, 1971, or in the 147
case of political subdivisions or their instrumentalities, 148
subsequent to December 31, 1973: 149
(a) Had in employment at least one individual, or in the 151
case of a nonprofit organization, subsequent to December 31, 152
1973, had not less than four individuals in employment for some 153
portion of a day in each of twenty different calendar weeks, in 154
either the current or the preceding calendar year whether or not 155
the same individual was in employment in each such day; or 156
(b) Except for a nonprofit organization, had paid for 158
service in employment wages of fifteen hundred dollars or more in 159
any calendar quarter in either the current or preceding calendar 160
year; or 161
(c) Had paid, subsequent to December 31, 1977, for 163
employment in domestic service in a local college club, or local 164
chapter of a college fraternity or sorority, cash remuneration of 165
one thousand dollars or more in any calendar quarter in the 166
current calendar year or the preceding calendar year, or had paid 167
subsequent to December 31, 1977, for employment in domestic 168
service in a private home cash remuneration of one thousand 169
dollars in any calendar quarter in the current calendar year or 171
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 173
this section, there shall not be taken into account any wages 174
paid to, or employment of, an individual performing domestic 175
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service as described in this division. 176
(ii) An employer under this division shall not be an 178
employer with respect to wages paid for any services other than 179
domestic service unless the employer is also found to be an 180
employer under division (A)(1)(a), (b), or (d) of this section. 181
(d) As a farm operator or a crew leader subsequent to 183
December 31, 1977, had in employment individuals in agricultural 184
labor; and 185
(i) During any calendar quarter in the current calendar 187
year or the preceding calendar year, paid cash remuneration of 188
twenty thousand dollars or more for the agricultural labor; or 189
(ii) Had at least ten individuals in employment in 191
agricultural labor, not including such labor when performed 192
before January 1, 1980, by an alien AGRICULTURAL WORKERS WHO ARE 193
ALIENS ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL 194
LABOR PURSUANT TO SECTIONS 214(e) AND 101(a)(15)(H) OF THE 196
"IMMIGRATION AND NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 197
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 199
twenty different calendar weeks, in either the current or 200
preceding calendar year whether or not the same individual was in 201
employment in each day; or
(e) Is not otherwise an employer as defined under division 203
(A)(1)(a) or (b) of this section; and 204
(i) For which, within either the current or preceding 206
calendar year, service, except for domestic service in a private 207
home not covered under division (A)(1)(c) of this section, is or 208
was performed with respect to which such employer is liable for 209
any federal tax against which credit may be taken for 210
contributions required to be paid into a state unemployment fund; 211
(ii) Which, as a condition for approval of this chapter 213
for full tax credit against the tax imposed by the "Federal 214
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, is 216
required, pursuant to such act to be an employer under this 217
chapter; or 218
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(iii) Who became an employer by election under division 220
(A)(4) or (5) of this section and for the duration of such 221
election; or 222
(f) In the case of the state, its instrumentalities, its 224
political subdivisions, and their instrumentalities, had in 225
employment, as defined in division (B)(2)(a) of this section, at 226
least one individual; 227
(g) For the purposes of division (A)(1)(a) of this 229
section, if any week includes both the thirty-first day of 230
December and the first day of January, the days of that week 231
before the first day of January shall be considered one calendar 232
week and the days beginning the first day of January another 233
week. 234
(2) Each individual employed to perform or to assist in 236
performing the work of any agent or employee of an employer is 237
employed by such employer for all the purposes of this chapter, 238
whether such individual was hired or paid directly by such 239
employer or by such agent or employee, provided the employer had 240
actual or constructive knowledge of the work. All individuals 241
performing services for an employer of any person in this state 242
who maintains two or more establishments within this state are 243
employed by a single employer for the purposes of this chapter. 244
(3) An employer subject to this chapter within any 246
calendar year is subject to this chapter during the whole of such 247
year and during the next succeeding calendar year. 248
(4) An employer not otherwise subject to this chapter who 250
files with the administrator of the bureau of employment services 251
a written election to become an employer subject to this chapter 253
for not less than two calendar years shall, with the written 254
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 255
employers as of the date stated in such approval, and shall cease 256
to be subject to this chapter as of the first day of January of 257
any calendar year subsequent to such two calendar years only if 258
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at least thirty days prior to such first day of January the 259
employer has filed with the administrator a written notice to 260
that effect.
(5) Any employer for whom services that do not constitute 262
employment are performed may file with the administrator a 263
written election that all such services performed by individuals 264
in the employer's employ in one or more distinct establishments 265
or places of business shall be deemed to constitute employment 266
for all the purposes of this chapter, for not less than two 267
calendar years. Upon written approval of the election by the 268
administrator, such services shall be deemed to constitute 269
employment subject to this chapter from and after the date stated 270
in such approval. Such services shall cease to be employment 271
subject to this chapter as of the first day of January of any 272
calendar year subsequent to such two calendar years only if at 273
least thirty days prior to such first day of January such 274
employer has filed with the administrator a written notice to 275
that effect.
(B)(1) "Employment" means: 277
(a) Service SERVICE performed BY AN INDIVIDUAL for wages 280
REMUNERATION under any contract of hire, written or oral, express 281
or implied, including service performed in interstate commerce 282
and service performed by an officer of a corporation, without 283
regard to whether such service is executive, managerial, or 284
manual in nature, and without regard to whether such officer is a 285
stockholder or a member of the board of directors of the 286
corporation;
(b) Services performed by an individual for remuneration, 288
unless it is shown to the satisfaction of the administrator that 289
such individual: 290
(i) Has HAS been and will continue to be free from control 292
or direction OR CONTROL over the performance of such service, 293
both under a contract of service and in fact; 295
(ii) That such service is outside the usual course of the 297
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business for which service is performed; and 298
(iii) That such individual is customarily engaged in an 300
independently established trade, occupation, profession, or 301
business. THE ADMINISTRATOR SHALL ADOPT RULES TO DEFINE 302
"DIRECTION OR CONTROL." 303
(2) "Employment" includes: 305
(a) Service performed after December 31, 1977, by an 307
individual in the employ of the state or any of its 308
instrumentalities, or any political subdivision thereof or any of 309
its instrumentalities or any instrumentality of more than one of 310
the foregoing or any instrumentality of any of the foregoing and 311
one or more other states or political subdivisions and without 312
regard to divisions (A)(1)(a) and (b) of this section, provided 313
that such service is excluded from employment as defined in the 314
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 315
3306(c)(7) and is not excluded under division (B)(3) of this 316
section; or the services of employees covered by voluntary 317
election, as provided under divisions (A)(4) and (5) of this 318
section; 319
(b) Service performed after December 31, 1971, by an 321
individual in the employ of a religious, charitable, educational, 322
or other organization which is excluded from the term 323
"employment" as defined in the "Federal Unemployment Tax Act," 84 324
Stat. 713, 26 U.S.C.A. 3301 TO 3311, solely by reason of section 326
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 327
division (B)(3) of this section; 328
(c) Domestic service performed after December 31, 1977, 330
for an employer, as provided in division (A)(1)(c) of this 331
section; 332
(d) Agricultural labor performed after December 31, 1977, 334
for a farm operator or a crew leader, as provided in division 335
(A)(1)(d) of this section; 336
(e) Service not covered under division (B)(1)(b) of this 338
section which is performed after December 31, 1971: 339
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(i) As an agent-driver or commission-driver engaged in 341
distributing meat products, vegetable products, fruit products, 342
bakery products, beverages other than milk, laundry, or 343
dry-cleaning services, for the individual's employer or 344
principal; 345
(ii) As a traveling or city salesperson, other than as an 347
agent-driver or commission-driver, engaged on a full-time basis 348
in the solicitation on behalf of and in the transmission to the 350
salesperson's employer or principal except for sideline sales 351
activities on behalf of some other person of orders from 352
wholesalers, retailers, contractors, or operators of hotels, 353
restaurants, or other similar establishments for merchandise for 354
resale, or supplies for use in their business operations, 355
provided that for the purposes of this division (B)(2)(e)(ii) of 356
this section, the services shall be deemed employment if the 357
contract of service contemplates that substantially all of the 358
services are to be performed personally by the individual and 359
that the individual does not have a substantial investment in 360
facilities used in connection with the performance of the 361
services other than in facilities for transportation, and the 362
services are not in the nature of a single transaction that is 363
not a part of a continuing relationship with the person for whom 364
the services are performed. 365
(f) An individual's entire service performed within or 367
both within and without the state if: 368
(i) The service is localized in this state. 370
(ii) The service is not localized in any state, but some 372
of the service is performed in this state and either the base of 373
operations, or if there is no base of operations then the place 374
from which such service is directed or controlled, is in this 375
state or the base of operations or place from which such service 376
is directed or controlled is not in any state in which some part 377
of the service is performed but the individual's residence is in 378
this state. 379
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(g) Service not covered under division (B)(2)(f)(ii) of 381
this section and performed entirely without this state, with 382
respect to no part of which contributions are required and paid 383
under an unemployment compensation law of any other state, the 384
Virgin Islands, Canada, or of the United States, if the 385
individual performing such service is a resident of this state 386
and the administrator of the bureau of employment services 387
approves the election of the employer for whom such services are 388
performed; or, if the individual is not a resident of this state 390
but the place from which the service is directed or controlled is 391
in this state, the entire services of such individual shall be 392
deemed to be employment subject to this chapter, provided service 393
is deemed to be localized within this state if the service is 394
performed entirely within this state or if the service is 395
performed both within and without this state but the service 396
performed without this state is incidental to the individual's 397
service within the state, for example, is temporary or transitory 398
in nature or consists of isolated transactions; 399
(h) Service of an individual who is a citizen of the 401
United States, performed outside the United States except in 402
Canada after December 31, 1971, or the Virgin Islands, after 403
December 31, 1971, and before the first day of January of the 404
year following that in which the United States secretary of labor 405
approves the Virgin Islands law for the first time, in the employ 406
of an American employer, other than service which is "employment" 407
under divisions (B)(2)(f) and (g) of this section or similar 408
provisions of another state's law, if: 409
(i) The employer's principal place of business in the 411
United States is located in this state; 412
(ii) The employer has no place of business in the United 414
States, but the employer is an individual who is a resident of 415
this state; or the employer is a corporation which is organized 416
under the laws of this state, or the employer is a partnership or 417
a trust and the number of partners or trustees who are residents 418
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of this state is greater than the number who are residents of any 419
other state; or 420
(iii) None of the criteria of divisions (B)(2)(f)(i) and 422
(ii) of this section is met but the employer has elected coverage 423
in this state or the employer having failed to elect coverage in 424
any state, the individual has filed a claim for benefits, based 425
on such service, under this chapter. 426
(i) For the purposes of division (B)(2)(h) of this 428
section, the term "American employer" means an employer who is an 429
individual who is a resident of the United States; or a 430
partnership, if two-thirds or more of the partners are residents 431
of the United States; or a trust, if all of the trustees are 432
residents of the United States; or a corporation organized under 433
the laws of the United States or of any state, provided the term 434
"United States" includes the states, the District of Columbia, 435
the Commonwealth of Puerto Rico, and the Virgin Islands. 436
(j) Notwithstanding any other provisions of divisions 438
(B)(1) and (2) of this section, service, except for domestic 439
service in a private home not covered under division (A)(1)(c) of 440
this section, with respect to which a tax is required to be paid 441
under any federal law imposing a tax against which credit may be 442
taken for contributions required to be paid into a state 443
unemployment fund, or service, except for domestic service in a 444
private home not covered under division (A)(1)(c) of this 445
section, which, as a condition for full tax credit against the 446
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 447
26 U.S.C.A. 3301 TO 3311, is required to be covered under this 448
chapter. 449
(k) Construction services performed by any individual 451
under a construction contract, as defined in section 4141.39 of 452
the Revised Code, if the administrator determines that the 453
employer for whom services are performed has the right to direct 455
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 456
12
services performed. The administrator shall presume that the 457
employer for whom services are performed has the right to direct 458
or control the performance of the services if ten or more of the 459
following criteria apply:
(i) The employer directs or controls the manner or method 462
by which instructions are given to the individual performing
services; 463
(ii) The employer requires particular training for the 466
individual performing services;
(iii) Services performed by the individual are integrated 469
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 472
particular individual;
(v) The employer hires, supervises, or pays the wages of 475
the individual performing services;
(vi) A continuing relationship between the employer and 478
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 479
(vii) The employer requires the individual to perform 482
services during established hours;
(viii) The employer requires that the individual 484
performing services be devoted on a full-time basis to the 485
business of the employer; 486
(ix) The employer requires the individual to perform 488
services on the employer's premises; 489
(x) The employer requires the individual performing 491
services to follow the order of work established by the employer; 492
(xi) The employer requires the individual performing 494
services to make oral or written reports of progress; 495
(xii) The employer makes payment to the individual for 498
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 500
performing services; 501
(xiv) The employer furnishes the tools and materials for 504
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use by the individual to perform services;
(xv) The individual performing services has not invested 507
in the facilities used to perform services;
(xvi) The individual performing services does not realize 510
a profit or suffer a loss as a result of the performance of the
services; 511
(xvii) The individual performing services is not 513
performing services for more than two employers simultaneously; 514
(xviii) The individual performing services does not make 517
the services available to the general public;
(xix) The employer has a right to discharge the individual 520
performing services;
(xx) The individual performing services has the right to 523
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 524
agreement.
(3) "Employment" does not include the following services 526
if they are found not subject to the "Federal Unemployment Tax 527
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 TO 3311, and if the 529
services are not required to be included under division (B)(2)(j) 530
of this section: 531
(a) Service performed after December 31, 1977, in 533
agricultural labor, except as provided in division (A)(1)(d) of 534
this section; 535
(b) Domestic service performed after December 31, 1977, in 537
a private home, local college club, or local chapter of a college 538
fraternity or sorority except as provided in division (A)(1)(c) 539
of this section; 540
(c) Service performed after December 31, 1977, for this 542
state or a political subdivision as described in division (B)(2) 543
(a) of this section when performed: 544
(i) As a publicly elected official; 546
(ii) As a member of a legislative body, or a member of the 548
judiciary; 549
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(iii) As a military member of the Ohio national guard; 551
(iv) As an employee, not in the classified service as 553
defined in section 124.11 of the Revised Code, serving on a 554
temporary basis in case of fire, storm, snow, earthquake, flood, 555
or similar emergency; 556
(v) In a position which, under or pursuant to law, is 558
designated as a major nontenured policymaking or advisory 559
position, not in the classified service of the state, or a 560
policymaking or advisory position the performance of the duties 561
of which ordinarily does not require more than eight hours per 562
week. 563
(d) In the employ of any governmental unit or 565
instrumentality of the United States; 566
(e) Service performed after December 31, 1971: 568
(i) Service in the employ of an educational institution or 570
institution of higher education, including those operated by the 571
state or a political subdivision, if such service is performed by 572
a student who is enrolled and is regularly attending classes at 573
the educational institution or institution of higher education; 574
or 575
(ii) By an individual who is enrolled at a nonprofit or 577
public educational institution which normally maintains a regular 578
faculty and curriculum and normally has a regularly organized 579
body of students in attendance at the place where its educational 580
activities are carried on as a student in a full-time program, 581
taken for credit at the institution, which combines academic 582
instruction with work experience, if the service is an integral 583
part of the program, and the institution has so certified to the 584
employer, provided that this subdivision shall not apply to 585
service performed in a program established for or on behalf of an 586
employer or group of employers; 587
(f) Service performed by an individual in the employ of 589
the individual's son, daughter, or spouse and service performed 590
by a child under the age of eighteen in the employ of the child's 591
15
father or mother;
(g) Service performed for one or more principals by an 593
individual who is compensated on a commission basis, who in the 594
performance of the work is master of the individual's own time 596
and efforts, and whose remuneration is wholly dependent on the 597
amount of effort the individual chooses to expend, and which 598
service is not subject to the "Federal Unemployment Tax Act," 53 599
Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed 600
after December 31, 1971: 601
(i) By an individual for an employer as an insurance agent 603
or as an insurance solicitor, if all this service is performed 604
for remuneration solely by way of commission; 605
(ii) As a home worker performing work, according to 607
specifications furnished by the employer for whom the services 608
are performed, on materials or goods furnished by such employer 609
which are required to be returned to the employer or to a person 610
designated for that purpose. 611
(h) Service performed after December 31, 1971: 613
(i) In the employ of a church or convention or association 615
of churches, or in an organization which is operated primarily 616
for religious purposes and which is operated, supervised, 617
controlled, or principally supported by a church or convention or 618
association of churches; 619
(ii) By a duly ordained, commissioned, or licensed 621
minister of a church in the exercise of the individual's ministry 623
or by a member of a religious order in the exercise of duties 624
required by such order; or 625
(iii) In a facility conducted for the purpose of carrying 627
out a program of rehabilitation for individuals whose earning 628
capacity is impaired by age or physical or mental deficiency or 629
injury, or providing remunerative work for individuals who 630
because of their impaired physical or mental capacity cannot be 631
readily absorbed in the competitive labor market, by an 632
individual receiving such rehabilitation or remunerative work; 633
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(i) Service performed after June 30, 1939, with respect to 635
which unemployment compensation is payable under the "Railroad 636
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 637
(j) Service performed by an individual in the employ of 639
any organization exempt from income tax under section 501 of the 640
"Internal Revenue Code of 1954," if the remuneration for such 641
service does not exceed fifty dollars in any calendar quarter, or 642
if such service is in connection with the collection of dues or 643
premiums for a fraternal beneficial society, order, or 644
association and is performed away from the home office or is 645
ritualistic service in connection with any such society, order, 646
or association; 647
(k) Casual labor not in the course of an employer's trade 649
or business; incidental service performed by an officer, 650
appraiser, or member of a finance committee of a bank, building 651
and loan association, savings and loan association, or savings 652
association when the remuneration for such incidental service 653
exclusive of the amount paid or allotted for directors' fees does 654
not exceed sixty dollars per calendar quarter is casual labor; 655
(l) Service performed in the employ of a voluntary 657
employees' beneficial association providing for the payment of 658
life, sickness, accident, or other benefits to the members of 659
such association or their dependents or their designated 660
beneficiaries, if admission to a membership in such association 661
is limited to individuals who are officers or employees of a 662
municipal or public corporation, of a political subdivision of 663
the state, or of the United States and no part of the net 664
earnings of such association inures, other than through such 665
payments, to the benefit of any private shareholder or 666
individual; 667
(m) Service performed by an individual in the employ of a 669
foreign government, including service as a consular or other 670
officer or employee or of a nondiplomatic representative; 671
(n) Service performed in the employ of an instrumentality 673
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wholly owned by a foreign government if the service is of a 674
character similar to that performed in foreign countries by 675
employees of the United States or of an instrumentality thereof 676
and if the administrator finds that the secretary of state of the 677
United States has certified to the secretary of the treasury of 678
the United States that the foreign government, with respect to 679
whose instrumentality exemption is claimed, grants an equivalent 680
exemption with respect to similar service performed in the 681
foreign country by employees of the United States and of 682
instrumentalities thereof; 683
(o) Service with respect to which unemployment 685
compensation is payable under an unemployment compensation system 686
established by an act of congress; 687
(p) Service performed as a student nurse in the employ of 689
a hospital or a nurses' training school by an individual who is 690
enrolled and is regularly attending classes in a nurses' training 691
school chartered or approved pursuant to state law, and service 692
performed as an intern in the employ of a hospital by an 693
individual who has completed a four years' course in a medical 694
school chartered or approved pursuant to state law; 695
(q) Service performed by an individual under the age of 697
eighteen in the delivery or distribution of newspapers or 698
shopping news, not including delivery or distribution to any 699
point for subsequent delivery or distribution; 700
(r) Service performed in the employ of the United States 702
or an instrumentality of the United States immune under the 703
constitution of the United States from the contributions imposed 704
by this chapter, except that to the extent that congress permits 705
states to require any instrumentalities of the United States to 706
make payments into an unemployment fund under a state 707
unemployment compensation act, this chapter shall be applicable 708
to such instrumentalities and to services performed for such 709
instrumentalities in the same manner, to the same extent, and on 710
the same terms as to all other employers, individuals, and 711
18
services, provided that if this state is not certified for any 712
year by the proper agency of the United States under section 3304 713
of the "Internal Revenue Code of 1954," the payments required of 714
such instrumentalities with respect to such year shall be 715
refunded by the administrator from the fund in the same manner 716
and within the same period as is provided in division (E) of 717
section 4141.09 of the Revised Code with respect to contributions 718
erroneously collected; 719
(s) Service performed by an individual as a member of a 721
band or orchestra, provided such service does not represent the 722
principal occupation of such individual, and which service is not 723
subject to or required to be covered for full tax credit against 724
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 725
183 (1939), 26 U.S.C.A. 3301 TO 3311. Service performed after 726
December 31, 1971, for a nonprofit organization, this state or 728
its instrumentalities, or a political subdivision or its 729
instrumentalities, as part of an unemployment work-relief or 730
work-training program assisted or financed in whole or in part by 731
any federal agency or an agency of a state or political 732
subdivision thereof, by an individual receiving the work-relief 733
or work-training. 734
(t) Service performed in the employ of a day camp whose 736
camping season does not exceed twelve weeks in any calendar year, 737
and which service is not subject to the "Federal Unemployment Tax 738
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 TO 3311. Service 739
performed after December 31, 1971: 741
(i) In the employ of a hospital, if the service is 743
performed by a patient of the hospital, as defined in division 744
(W) of this section; 745
(ii) For a prison or other correctional institution by an 747
inmate of the prison or correctional institution; 748
(iii) Service performed after December 31, 1977, by an 750
inmate of a custodial institution operated by the state, a 751
political subdivision, or a nonprofit organization. 752
19
(u) SERVICE THAT IS PERFORMED BY A NONRESIDENT ALIEN 755
INDIVIDUAL FOR THE PERIOD THE INDIVIDUAL TEMPORARILY IS PRESENT
IN THE UNITED STATES AS A NONIMMIGRANT UNDER DIVISION (F), (J), 757
(M), OR (Q) OF SECTION 101(a)(15) OF THE "IMMIGRATION AND 758
NATIONALITY ACT," 66 STAT. 163, 8 U.S.C.A. 1101, AS AMENDED, THAT 759
IS EXCLUDED UNDER SECTION 3306(c)(19) OF THE "FEDERAL 761
UNEMPLOYMENT TAX ACT," 53 STAT. 183 (1939), 26 U.S.C.A. 3301 TO 762
3311.
(v) Notwithstanding any other provisions of division 764
(B)(3) of this section, services which are excluded under 765
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 766
be excluded from employment when performed for a nonprofit 767
organization, as defined in division (X) of this section or for 768
this state or its instrumentalities, or for a political 769
subdivision or its instrumentalities. 770
(4) If the services performed during one half or more of 772
any pay period by an employee for the person employing that 773
employee constitute employment, all the services of such employee 774
for such period shall be deemed to be employment; but if the 776
services performed during more than one half of any such pay 777
period by an employee for the person employing that employee do 778
not constitute employment, then none of the services of such 780
employee for such period shall be deemed to be employment. As 781
used in division (B)(4) of this section, "pay period" means a 782
period, of not more than thirty-one consecutive days, for which 783
payment of remuneration is ordinarily made to the employee by the 784
person employing that employee. Division (B)(4) of this section 785
does not apply to services performed in a pay period by an 786
employee for the person employing that employee, if any of such 788
service is excepted by division (B)(3)(o) of this section. 790
(C) "Benefits" means money payments payable to an 792
individual who has established benefit rights, as provided in 793
this chapter, for loss of remuneration due to the individual's 794
unemployment.
20
(D) "Benefit rights" means the weekly benefit amount and 796
the maximum benefit amount that may become payable to an 797
individual within the individual's benefit year as determined by 798
the administrator or the administrator's deputy. 799
(E) "Claim for benefits" means a claim for waiting period 801
or benefits for a designated week. 802
(F) "Additional claim" means the first claim for benefits 804
filed following any separation from employment during a benefit 805
year; "continued claim" means any claim other than the first 806
claim for benefits and other than an additional claim. 807
(G)(1) "Wages" means remuneration paid to an employee by 809
each of the employee's employers with respect to employment; 810
except that wages shall not include that part of remuneration 811
paid during any calendar year to an individual by an employer or 812
such employer's predecessor in interest in the same business or 813
enterprise, which in any calendar year is in excess of eight 814
thousand two hundred fifty dollars on and after January 1, 1992; 815
eight thousand five hundred dollars on and after January 1, 1993; 816
eight thousand seven hundred fifty dollars on and after January 817
1, 1994; and nine thousand dollars on and after January 1, 1995. 818
Remuneration in excess of such amounts shall be deemed wages 819
subject to contribution to the same extent that such remuneration 820
is defined as wages under the "Federal Unemployment Compensation 821
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 TO 3311, as 822
amended. The remuneration paid an employee by an employer with 824
respect to employment in another state, upon which contributions 825
were required and paid by such employer under the unemployment 826
compensation act of such other state, shall be included as a part 827
of remuneration in computing the amount specified in this 828
division. 829
(2) Notwithstanding division (G)(1) of this section, if, 831
as of the computation date for any calendar year, the 832
administrator determines that the level of the unemployment 833
compensation fund is sixty per cent or more below the minimum 834
21
safe level as defined in section 4141.25 of the Revised Code, 835
then, effective the first day of January of the following 836
calendar year, wages subject to this chapter shall not include 837
that part of remuneration paid during any calendar year to an 838
individual by an employer or such employer's predecessor in 839
interest in the same business or enterprise which is in excess of 840
nine thousand dollars. The increase in the dollar amount of 841
wages subject to this chapter under this division shall remain in 842
effect from the date of the administrator's determination 843
pursuant to division (G)(2) of this section and thereafter 844
notwithstanding the fact that the level in the fund may 845
subsequently become less than sixty per cent below the minimum 846
safe level. 847
(H)(1) "Remuneration" means all compensation for personal 849
services, including commissions and bonuses and the cash value of 850
all compensation in any medium other than cash, except that in 851
the case of agricultural or domestic service, "remuneration" 852
includes only cash remuneration. Gratuities customarily received 853
by an individual in the course of the individual's employment 854
from persons other than the individual's employer and which are 855
accounted for by such individual to the individual's employer are 856
taxable wages.
The reasonable cash value of compensation paid in any 858
medium other than cash shall be estimated and determined in 859
accordance with rules prescribed by the administrator, provided 860
that "remuneration" does not include: 861
(a) Payments as provided in divisions (b)(2) to (b)(16) of 863
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 864
26 U.S.C.A. 3301 TO 3311, as amended; 865
(b) The payment by an employer, without deduction from the 867
remuneration of the individual in the employer's employ, of the 868
tax imposed upon an individual in the employer's employ under 869
section 3101 of the "Internal Revenue Code of l954," with respect 871
to services performed after October 1, 1941. 872
22
(2) "Cash remuneration" means all remuneration paid in 874
cash, including commissions and bonuses, but not including the 875
cash value of all compensation in any medium other than cash. 876
(I) "Interested party" means the administrator and any 878
party to whom notice of a determination of an application for 879
benefit rights or a claim for benefits is required to be given 880
under section 4141.28 of the Revised Code. 881
(J) "Annual payroll" means the total amount of wages 883
subject to contributions during a twelve-month period ending with 884
the last day of the second calendar quarter of any calendar year. 885
(K) "Average annual payroll" means the average of the last 887
three annual payrolls of an employer, provided that if, as of any 888
computation date, the employer has had less than three annual 889
payrolls in such three-year period, such average shall be based 890
on the annual payrolls which the employer has had as of such 891
date.
(L)(1) "Contributions" means the money payments to the 893
state unemployment compensation fund required of employers by 894
section 4141.25 of the Revised Code and of the state and any of 895
its political subdivisions electing to pay contributions under 896
section 4141.242 of the Revised Code. Employers paying 897
contributions shall be described as "contributory employers." 898
(2) "Payments in lieu of contributions" means the money 900
payments to the state unemployment compensation fund required of 901
reimbursing employers under sections 4141.241 and 4141.242 of the 902
Revised Code. 903
(M) An individual is "totally unemployed" in any week 905
during which the individual performs no services and with respect 906
to such week no remuneration is payable to the individual. 907
(N) An individual is "partially unemployed" in any week 909
if, due to involuntary loss of work, the total remuneration 910
payable to the individual for such week is less than the 911
individual's weekly benefit amount. 912
(O) "Week" means the calendar week ending at midnight 914
23
Saturday unless an equivalent week of seven consecutive calendar 915
days is prescribed by the administrator. 916
(1) "Qualifying week" means any calendar week in an 918
individual's base period with respect to which the individual 919
earns or is paid remuneration in employment subject to this 921
chapter. A calendar week with respect to which an individual 922
earns remuneration but for which payment was not made within the 923
base period may, when necessary to qualify for benefit rights, 924
MAY be considered to be a qualifying week. The number of 925
qualifying weeks which may be established in a calendar quarter 926
shall not exceed the number of calendar weeks in the quarter. 927
(2) "Average weekly wage" means the amount obtained by 929
dividing an individual's total remuneration for all qualifying 930
weeks during the base period by the number of such qualifying 931
weeks, provided that if the computation results in an amount 932
which is not a multiple of one dollar, such amount shall be 933
rounded to the next lower multiple of one dollar. 934
(P) "Weekly benefit amount" means the amount of benefits 936
an individual would be entitled to receive for one week of total 937
unemployment. 938
(Q)(1) "Base period" means the first four of the last five 940
completed calendar quarters immediately preceding the first day 941
of an individual's benefit year, except as provided in division 942
(Q)(2) of this section. 943
(2) If an individual does not have sufficient qualifying 945
weeks and wages in the base period to qualify for benefit rights, 946
the individual's base period shall be the four most recently 947
completed calendar quarters preceding the first day of the 949
individual's benefit year. Such base period shall be known as 950
the "alternate base period." If information as to weeks and 951
wages for the most recent quarter of the alternate base period is 952
not available to the administrator from the regular quarterly 953
reports of wage information, which are systematically accessible, 954
the administrator may, consistent with the provisions of section 955
24
4141.28 of the Revised Code, base the determination of 956
eligibility for benefits on the affidavit of the claimant with 957
respect to weeks and wages for that calendar quarter. The 958
claimant shall furnish payroll documentation, where available, in 959
support of the affidavit. The determination based upon the 960
alternate base period as it relates to the claimant's benefit 961
rights, shall be amended when the quarterly report of wage 962
information from the employer is timely received and that 963
information causes a change in the determination. As provided in 964
division (B)(1)(b) of section 4141.28 of the Revised Code, any 965
benefits paid and charged to an employer's account, based upon a 966
claimant's affidavit, shall be adjusted effective as of the 967
beginning of the claimant's benefit year. No calendar quarter in 968
a base period or alternate base period shall be used to establish 969
a subsequent benefit year. 970
(3) The "base period" of a combined wage claim, as 972
described in division (H) of section 4141.43 of the Revised Code, 973
shall be the base period prescribed by the law of the state in 974
which the claim is allowed. 975
(R) "Benefit year" with respect to an individual means the 977
fifty-two week period beginning with the first day of that week 978
with respect to which the individual first files a valid 979
application for determination of benefit rights, and thereafter 981
the fifty-two week period beginning with the first day of that 982
week with respect to which the individual next files a valid 983
application for determination of benefit rights after the 984
termination of the individual's last preceding benefit year, 985
except that the application shall not be considered valid unless 987
the individual has had employment in six weeks that is subject to 988
this chapter or the unemployment compensation act of another 989
state, or the United States, and has, since the beginning of the 990
individual's previous benefit year, in the employment earned 991
three times the average weekly wage determined for the previous 992
benefit year. The "benefit year" of a combined wage claim, as 993
25
described in division (H) of section 4141.43 of the Revised Code, 994
shall be the benefit year prescribed by the law of the state in 995
which the claim is allowed. Any
EFFECTIVE FOR APPLICATIONS FILED WITH RESPECT TO WEEKS 997
BEGINNING ON OR AFTER OCTOBER 1, 2000, ANY application for 998
determination of benefit rights made in accordance with section 1,000
4141.28 of the Revised Code is valid if the individual filing 1,001
such application is unemployed, has been employed by an employer 1,002
or employers subject to this chapter, in at least twenty 1,003
qualifying weeks within the individual's base period, and in such 1,005
weeks has earned or been paid remuneration at an average weekly 1,006
wage, beginning on and after January 1, 1992, of not less than 1,007
twenty-seven and one-half per cent of the statewide average
weekly wage FOR SUCH WEEKS, AND THE REASON FOR THE INDIVIDUAL'S 1,008
SEPARATION FROM EMPLOYMENT IS NOT DISQUALIFYING PURSUANT TO 1,009
DIVISION (D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE 1,012
REVISED CODE. A DISQUALIFICATION IMPOSED PURSUANT TO DIVISION 1,015
(D)(2) OF SECTION 4141.29 OR SECTION 4141.291 OF THE REVISED CODE 1,017
MUST BE REMOVED AS PROVIDED IN THOSE SECTIONS AS A REQUIREMENT OF 1,018
ESTABLISHING A VALID APPLICATION FOR BENEFIT RIGHTS. The 1,019
THE statewide average weekly wage shall be calculated by 1,021
the administrator once a year based on the twelve-month period 1,022
ending the thirtieth day of June, as set forth in division (B)(3) 1,024
of section 4141.30 of the Revised Code, rounded down to the 1,025
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 1,026
individuals to have filed valid applications shall become 1,027
effective on Sunday of the calendar week in which the first day 1,028
of January occurs that follows the twelve-month period ending the 1,029
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 1,030
As used in this division, an individual is "unemployed" if, 1,032
with respect to the calendar week in which such application is 1,034
filed, the individual is "partially unemployed" or "totally 1,036
26
unemployed" as defined in this section or if, prior to filing the 1,037
application, the individual was separated from the individual's 1,039
most recent work for any reason which terminated the individual's 1,040
employee-employer relationship, or was laid off indefinitely or 1,041
for a definite period of seven or more days. 1,042
(S) "Calendar quarter" means the period of three 1,044
consecutive calendar months ending on the thirty-first day of 1,045
March, the thirtieth day of June, the thirtieth day of September, 1,046
and the thirty-first day of December, or the equivalent thereof 1,047
as the administrator prescribes by rule. 1,048
(T) "Computation date" means the first day of the third 1,050
calendar quarter of any calendar year. 1,051
(U) "Contribution period" means the calendar year 1,053
beginning on the first day of January of any year. 1,054
(V) "Agricultural labor," for the purpose of this 1,056
division, means any service performed prior to January 1, 1972, 1,057
which was agricultural labor as defined in this division prior to 1,058
that date, and service performed after December 31, 1971: 1,059
(1) On a farm, in the employ of any person, in connection 1,061
with cultivating the soil, or in connection with raising or 1,062
harvesting any agricultural or horticultural commodity, including 1,063
the raising, shearing, feeding, caring for, training, and 1,064
management of livestock, bees, poultry, and fur-bearing animals 1,065
and wildlife; 1,066
(2) In the employ of the owner or tenant or other operator 1,068
of a farm in connection with the operation, management, 1,069
conservation, improvement, or maintenance of such farm and its 1,070
tools and equipment, or in salvaging timber or clearing land of 1,071
brush and other debris left by hurricane, if the major part of 1,072
such service is performed on a farm; 1,073
(3) In connection with the production or harvesting of any 1,075
commodity defined as an agricultural commodity in section 15 (g) 1,076
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 1,077
U.S.C. 1141j, as amended, or in connection with the ginning of 1,078
27
cotton, or in connection with the operation or maintenance of 1,079
ditches, canals, reservoirs, or waterways, not owned or operated 1,080
for profit, used exclusively for supplying and storing water for 1,081
farming purposes; 1,082
(4) In the employ of the operator of a farm in handling, 1,084
planting, drying, packing, packaging, processing, freezing, 1,085
grading, storing, or delivering to storage or to market or to a 1,086
carrier for transportation to market, in its unmanufactured 1,087
state, any agricultural or horticultural commodity, but only if 1,088
the operator produced more than one half of the commodity with 1,089
respect to which such service is performed; 1,090
(5) In the employ of a group of operators of farms, or a 1,092
cooperative organization of which the operators are members, in 1,093
the performance of service described in division (V)(4) of this 1,094
section, but only if the operators produced more than one-half of 1,095
the commodity with respect to which the service is performed; 1,096
(6) Divisions (V)(4) and (5) of this section shall not be 1,098
deemed to be applicable with respect to service performed: 1,099
(a) In connection with commercial canning or commercial 1,101
freezing or in connection with any agricultural or horticultural 1,102
commodity after its delivery to a terminal market for 1,103
distribution for consumption; or 1,104
(b) On a farm operated for profit if the service is not in 1,106
the course of the employer's trade or business. 1,107
As used in division (V) of this section, "farm" includes 1,109
stock, dairy, poultry, fruit, fur-bearing animal, and truck 1,110
farms, plantations, ranches, nurseries, ranges, greenhouses, or 1,111
other similar structures used primarily for the raising of 1,112
agricultural or horticultural commodities and orchards. 1,113
(W) "Hospital" means an institution which has been 1,115
registered or licensed by the Ohio department of health as a 1,116
hospital. 1,117
(X) "Nonprofit organization" means an organization, or 1,119
group of organizations, described in section 501(c)(3) of the 1,120
28
"Internal Revenue Code of 1954," and exempt from income tax under 1,121
section 501(a) of that code. 1,122
(Y) "Institution of higher education" means a public or 1,124
nonprofit educational institution which: 1,125
(1) Admits as regular students only individuals having a 1,127
certificate of graduation from a high school, or the recognized 1,128
equivalent; 1,129
(2) Is legally authorized in this state to provide a 1,131
program of education beyond high school; and 1,132
(3) Provides an educational program for which it awards a 1,134
bachelor's or higher degree, or provides a program which is 1,135
acceptable for full credit toward such a degree, a program of 1,136
post-graduate or post-doctoral studies, or a program of training 1,137
to prepare students for gainful employment in a recognized 1,138
occupation. 1,139
For the purposes of this division, all colleges and 1,141
universities in this state are institutions of higher education. 1,142
(Z) For the purposes of this chapter, "states" includes 1,144
the District of Columbia, the Commonwealth of Puerto Rico, and 1,145
the Virgin Islands. 1,146
(AA) "Alien" means, for the purposes of division (A)(1)(d) 1,148
of this section, an individual who is an alien admitted to the 1,149
United States to perform service in agricultural labor pursuant 1,150
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 1,151
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 1,152
(BB)(1) "Crew leader" means an individual who furnishes 1,154
individuals to perform agricultural labor for any other employer 1,155
or farm operator, and: 1,156
(a) Pays, either on the individual's own behalf or on 1,159
behalf of the other employer or farm operator, the individuals so 1,161
furnished by the individual for the service in agricultural labor 1,162
performed by them; 1,163
(b) Has not entered into a written agreement with the 1,165
other employer or farm operator under which the agricultural 1,166
29
worker is designated as in the employ of the other employer or 1,167
farm operator. 1,168
(2) For the purposes of this chapter, any individual who 1,170
is a member of a crew furnished by a crew leader to perform 1,171
service in agricultural labor for any other employer or farm 1,172
operator shall be treated as an employee of the crew leader if: 1,173
(a) The crew leader holds a valid certificate of 1,175
registration under the "Farm Labor Contractor Registration Act of 1,176
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 1,177
(b) Substantially all the members of the crew operate or 1,179
maintain tractors, mechanized harvesting or crop-dusting 1,180
equipment, or any other mechanized equipment, which is provided 1,181
by the crew leader; and 1,182
(c) If the individual is not in the employment of the 1,184
other employer or farm operator within the meaning of division 1,185
(B)(1) of this section. 1,186
(3) For the purposes of this division, any individual who 1,188
is furnished by a crew leader to perform service in agricultural 1,189
labor for any other employer or farm operator and who is not 1,190
treated as in the employment of the crew leader under division 1,191
(BB)(2) of this section shall be treated as the employee of the 1,192
other employer or farm operator and not of the crew leader. The 1,193
other employer or farm operator shall be treated as having paid 1,194
cash remuneration to the individual in an amount equal to the 1,195
amount of cash remuneration paid to the individual by the crew 1,196
leader, either on the crew leader's own behalf or on behalf of 1,197
the other employer or farm operator, for the service in 1,198
agricultural labor performed for the other employer or farm 1,199
operator.
(CC) "Educational institution" means an institution other 1,201
than an institution of higher education as defined in division 1,202
(Y) of this section which: 1,203
(1) Offers participants, trainees, or students an 1,205
organized course of study or training designed to transfer to 1,206
30
them knowledge, skills, information, doctrines, attitudes, or 1,207
abilities from, by, or under the guidance of an instructor or 1,208
teacher; and 1,209
(2) Is approved, chartered, or issued a permit to operate 1,211
as a school by the state board of education or other government 1,212
agency that is authorized within the state to approve, charter, 1,213
or issue a permit for the operation of a school. 1,214
For the purposes of this division, the courses of study or 1,216
training which the institution offers may be academic, technical, 1,217
trade, or preparation for gainful employment in a recognized 1,218
occupation. 1,219
Sec. 4141.05. The administrator of the bureau of 1,228
employment services shall establish a division of research and 1,229
statistics LABOR MARKET INFORMATION. The head of the division 1,230
shall be known as the "director of the division of research and 1,231
statistics LABOR MARKET INFORMATION." The director may not be 1,232
removed without the consent of the advisory council, nor may the 1,234
duties of his office be altered, suspended, or abolished without
the consent of the council. 1,235
Sec. 4141.06. There is hereby created an unemployment 1,244
compensation review commission consisting of three full-time 1,245
members appointed by the governor, with the advice and consent of 1,246
the senate. Terms of office shall be STAGGERED AND SHALL BE for 1,247
six years, commencing on the twenty-eighth day of February and 1,249
ending on the twenty-seventh day of February, except that upon 1,250
expiration of the term ending November 5, 1975, the new term 1,251
which succeeds it shall commence on November 6, 1975, and end on 1,252
February 27, 1981; and upon expiration of the term ending August 1,253
31, 1977, the new term which succeeds it shall commence on 1,254
September 1, 1977, and end on February 27, 1983. Each member 1,255
shall hold office from the date of appointment until the end of 1,256
the term for which the member was appointed. Any member 1,257
appointed to fill a vacancy occurring prior to the expiration of 1,258
the term for which the member's predecessor was appointed shall 1,259
31
hold office for the remainder of such term. Any member shall 1,260
continue in office subsequent to the expiration date of the 1,261
member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The 1,262
chairperson of the commission and each member shall be paid a 1,263
salary fixed pursuant to section 124.14 of the Revised Code from 1,264
the unemployment compensation administration fund. The governor 1,265
may, at any time, MAY remove any member for inefficiency, neglect 1,266
of duty, malfeasance, misfeasance, or nonfeasance in office. 1,267
Not more than one of the appointees to the commission shall 1,269
be a person who, on account of the appointee's previous vocation, 1,270
employment, or affiliations, can be classed as a representative 1,271
of employers, and not more than one of the appointees shall be a 1,272
person who, on account of the appointee's previous vocation, 1,273
employment, or affiliations, can be classed as a representative 1,274
of employees. Not more than two of the members of the commission 1,275
shall belong to the same political party. No member of the 1,276
commission shall hold any position of trust or profit or engage 1,277
in any occupation or business interfering or inconsistent with 1,278
the member's duties as a member and no member shall serve on any 1,279
committee of any political party. THE COMMISSION SHALL ELECT A 1,280
CHAIRPERSON AND A VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL 1,281
EXERCISE THE POWERS OF THE CHAIRPERSON IN THE CHAIRPERSON'S 1,282
ABSENCE.
No commission member shall participate in the disposition 1,284
of any appeal in which the member has an interest in the 1,285
controversy. Challenges to the interest of any commission member 1,287
may be made by any interested party defined in division (I) of 1,288
section 4141.01 of the Revised Code and shall be in writing. All 1,289
challenges shall be decided by the chairperson of the advisory 1,290
council, who, if the challenge is found to be well taken, shall 1,291
advise the governor, who shall in such case or at any time it is 1,292
determined by the governor that a member of the commission is 1,293
incapacitated to serve, appoint a member of the advisory council 1,294
32
representing the same affiliations to act and receive the same 1,295
compensation from the unemployment fund for serving in place of 1,296
such member.
The commission may appoint a secretary to hold office at 1,298
its pleasure. The secretary shall have such powers and shall 1,300
perform such duties as the commission prescribes and SHALL KEEP A 1,301
RECORD OF THE PROCEEDINGS OF THE COMMISSION AND OF ITS 1,302
DETERMINATIONS. THE SECRETARY shall receive a salary fixed 1,304
pursuant to section 124.14 of the Revised Code. Notwithstanding
Chapter 124. DIVISION (A)(8) OF SECTION 124.11 of the Revised 1,307
Code, each member of the commission may appoint a private 1,308
secretary to WHO SHALL BE IN THE CLASSIFIED SERVICE OF THE STATE 1,309
AND hold office at the pleasure of such member. 1,310
Two members of the commission constitute a quorum and no 1,312
action of the commission is valid unless it has the concurrence 1,313
of at least two members. A vacancy on the commission does not 1,314
impair the right of a quorum to exercise all the rights and 1,315
perform all the duties of the commission. The commission or its 1,316
secretary shall keep a record of the proceedings of the 1,317
commission and of its determinations.
HEARINGS BEFORE THE COMMISSION ARE HELD AT THE HEARING 1,319
OFFICER LEVEL AND THE REVIEW LEVEL. UNLESS OTHERWISE PROVIDED IN 1,320
THIS CHAPTER, INITIAL HEARINGS INVOLVING CLAIMS FOR COMPENSATION 1,321
AND OTHER UNEMPLOYMENT COMPENSATION ISSUES ARE CONDUCTED AT THE 1,322
HEARING OFFICER LEVEL BY HEARING OFFICERS APPOINTED BY THE 1,323
COMMISSION. HEARINGS AT THE REVIEW LEVEL ARE CONDUCTED BY 1,324
HEARING OFFICERS APPOINTED BY THE COMMISSION, BY MEMBERS OF THE 1,325
COMMISSION ACTING EITHER INDIVIDUALLY OR COLLECTIVELY, AND BY 1,326
MEMBERS OF THE COMMISSION AND HEARING OFFICERS ACTING JOINTLY. 1,327
IN ALL HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE COMMISSION 1,328
SHALL DESIGNATE THE HEARING OFFICER OR OFFICERS WHO ARE TO
CONDUCT THE HEARING. WHEN THE TERM "HEARING OFFICER" IS USED IN 1,329
REFERENCE TO HEARINGS CONDUCTED AT THE REVIEW LEVEL, THE TERM 1,330
INCLUDES MEMBERS OF THE COMMISSION. ALL DECISIONS ISSUED AT THE 1,331
33
REVIEW LEVEL ARE ISSUED BY THE COMMISSION.
The commission AND ITS HEARING OFFICERS shall hear appeals 1,333
arising from DETERMINATIONS OF THE ADMINISTRATOR OF THE BUREAU OF 1,334
EMPLOYMENT SERVICES INVOLVING claims for compensation and OTHER 1,336
UNEMPLOYMENT COMPENSATION ISSUES. THE COMMISSION SHALL adopt, 1,337
amend, or rescind such rules of procedure, AND undertake such 1,338
investigations, and take such action required for the hearing and 1,339
disposition of appeals as it deems necessary and consistent with 1,340
sections 4141.01 to 4141.46 of the Revised Code. The rules of 1,341
procedure ADOPTED BY THE COMMISSION shall be effective as the 1,342
commission prescribes and shall not be inconsistent TO THE EXTENT 1,343
THAT THE RULES ARE CONSISTENT with such sections. 1,345
The commission, subject to Chapter 124. of the Revised 1,347
Code, and WITH the approval of the governor, shall appoint such 1,348
referees HEARING OFFICERS as are necessary. The referees HEARING 1,350
OFFICERS shall be classified by the department of administrative 1,352
services and any. ANY promotions of the referees or any increase 1,355
INCREASES in compensation of the referees HEARING OFFICERS may be 1,356
recommended by the commission subject to classifications which 1,357
are made by the department of administrative services. The 1,358
commission may grant power to take testimony in any appeals 1,359
coming before the commission. The MEMBERS OF THE commission and 1,360
its referees shall, in the performance of their duties, HEARING 1,362
OFFICERS MAY CONDUCT HEARINGS FOR UNEMPLOYMENT COMPENSATION 1,363
APPEALS COMING BEFORE THE COMMISSION. THE MEMBERS AND HEARING
OFFICERS MAY exercise all powers provided by section 4141.17 of 1,364
the Revised Code. 1,366
The commission, subject to Chapter 124. of the Revised 1,368
Code, may employ such reporters, stenographers, clerical aid, and 1,369
other employees SUPPORT PERSONNEL as are requisite NEEDED to the 1,371
discharge of CARRY OUT the duties of the commission and the. THE 1,372
salaries of such employees are fixed pursuant to section 124.14 1,374
of the Revised Code. The commission shall further provide itself 1,375
and its employees with such offices, equipment, and supplies as 1,376
34
are necessary, using those already provided for the central 1,377
office of the bureau or its branch offices wherever possible. 1,378
The commission shall have access to all the records of the 1,380
bureau of employment services needed in the performance of its 1,381
official duties. The commission shall have the right to request 1,383
of the administrator necessary information from the research and
statistics department, the legal department, the department of 1,384
public information, the fiscal department, or any other 1,385
department from which pertinent information is necessary ANY 1,386
DIVISION OF THE BUREAU HAVING THAT INFORMATION. 1,387
The commission shall prepare and submit to the 1,389
administrator an annual budget financing the costs necessary to 1,390
administer its duties under this chapter. The fund request shall 1,391
relate to, but not be limited to, the United States department of 1,392
labor's allocations for the commission's functions. The 1,393
administrator shall approve the commission's request unless funds 1,394
are insufficient to finance the request. The administrator shall 1,395
notify the commission of the amount of funds available for its 1,396
operation, as soon as possible, but not later than thirty days 1,397
after receiving the allocation from the United States department 1,398
of labor.
In the event that the administrator determines that 1,400
sufficient funds are not available to approve the request as 1,401
submitted and a revised budget is not agreed to within thirty 1,402
days of the administrator's notification to the commission, the 1,403
director of budget and management shall review and determine the 1,404
funding levels for the commission and notify the commission and 1,405
the administrator of its determination. 1,406
Sec. 4141.07. (A) The unemployment compensation review 1,416
commission may, by rule, MAY authorize persons other than ones 1,417
who are admitted to the practice of law also to appear before the 1,418
commission in any kind of proceeding as representatives of 1,419
employers or claimants. The commission may prescribe in any rule 1,420
so adopted the minimum qualifications for such agents and such 1,421
35
minimum standards of practice as are appropriate. 1,422
Notwithstanding section 119.13 of the Revised Code, the 1,424
representation of parties before the commission by a person not 1,425
admitted to the practice of law does not impair or invalidate a 1,426
proceeding for the purpose of a subsequent appeal to a court or 1,427
for any other purpose where a party knowingly selects 1,428
representation by a person not admitted to the practice of law. 1,429
(B) No individual claiming benefits shall be charged fees 1,431
of any kind in any proceeding under sections 4141.01 to 4141.46 1,432
of the Revised Code, by the commission or its representatives. 1,433
Any individual claiming benefits or any employer may represent 1,434
themselves personally or be represented by a person admitted to 1,435
the practice of law or by a person not admitted to the practice 1,436
of law in any proceeding before the administrator of the bureau 1,437
of employment services, or, before the commission or a referee 1,439
HEARING OFFICER; but no such counsel or agent representing an 1,440
individual claiming benefits shall either charge or receive for 1,441
such services more than an amount approved by the commission. 1,442
No person shall charge or receive anything of value in 1,444
violation of this section. 1,445
Sec. 4141.09. (A) There is hereby created an unemployment 1,454
compensation fund to be administered by the state without 1,455
liability on the part of the state beyond the amounts paid into 1,456
the fund and earned by the fund. The unemployment compensation 1,457
fund shall consist of all contributions, payments in lieu of 1,458
contributions described in sections 4141.241 and 4141.242 of the 1,459
Revised Code, reimbursements of the federal share of extended 1,460
benefits described in section 4141.301 of the Revised Code, 1,461
collected under sections 4141.01 to 4141.46 of the Revised Code, 1,462
together with all interest earned upon any moneys deposited with 1,463
the secretary of the treasury of the United States to the credit 1,464
of the account of this state in the unemployment trust fund 1,465
established and maintained pursuant to section 904 of the "Social 1,466
Security Act," any property or securities acquired through the 1,467
36
use of moneys belonging to the fund, and all earnings of such 1,468
property or securities. The unemployment compensation fund shall 1,469
be used to pay benefits and refunds as provided by such sections 1,470
and for no other purpose. 1,471
(B) The treasurer of state shall be the custodian of the 1,473
unemployment compensation fund and shall administer such fund in 1,474
accordance with the directions of the administrator of the bureau 1,475
of employment services. All disbursements therefrom shall be 1,476
paid by the treasurer of state on warrants drawn by the 1,477
administrator. Such warrants may bear the facsimile signature of 1,478
the administrator printed thereon and that of a deputy or other 1,479
employee of the administrator charged with the duty of keeping 1,480
the account of the unemployment compensation fund and with the 1,481
preparation of warrants for the payment of benefits to the 1,482
persons entitled thereto. Moneys in the clearing and benefit 1,483
accounts shall not be commingled with other state funds, except 1,484
as provided in division (C) of this section, but shall be 1,485
maintained in separate accounts on the books of the depositary 1,486
bank. Such money shall be secured by the depositary bank to the 1,487
same extent and in the same manner as required by sections 135.01 1,488
to 135.21 of the Revised Code; and collateral pledged for this 1,489
purpose shall be kept separate and distinct from any collateral 1,490
pledged to secure other funds of this state. All sums recovered 1,491
for losses sustained by the unemployment compensation fund shall 1,492
be deposited therein. The treasurer of state shall be liable on 1,493
the treasurer's official bond for the faithful performance of the 1,495
treasurer's duties in connection with the unemployment 1,496
compensation fund, such liability to exist in addition to any 1,497
liability upon any separate bond. 1,498
(C) The treasurer of state shall maintain within the 1,500
unemployment compensation fund three separate accounts which 1,501
shall be a clearing account, an unemployment trust fund account, 1,502
and a benefit account. All moneys payable to the unemployment 1,503
compensation fund, upon receipt thereof by the administrator, 1,504
37
shall be forwarded to the treasurer of state, who shall 1,505
immediately deposit them in the clearing account. Refunds of 1,506
contributions, or payments in lieu of contributions, payable 1,507
pursuant to division (E) of this section may be paid from the 1,508
clearing account upon warrants signed by a deputy or other 1,509
employee of the administrator charged with the duty of keeping 1,510
the record of the clearing account and with the preparation of 1,511
warrants for the payment of refunds to persons entitled thereto. 1,512
After clearance thereof, all moneys in the clearing account shall 1,513
be deposited with the secretary of the treasury of the United 1,514
States to the credit of the account of this state in the 1,515
unemployment trust fund established and maintained pursuant to 1,516
section 904 of the "Social Security Act," in accordance with 1,517
requirements of the "Federal Unemployment Tax Act," 53 Stat. 183 1,518
(1939), 26 U.S.C.A. 3301, 3304(a)(3), any law in this state 1,519
relating to the deposit, administration, release, or disbursement 1,521
of moneys in the possession or custody of this state to the 1,522
contrary notwithstanding. The benefit account shall consist of 1,523
all moneys requisitioned from this state's account in the 1,524
unemployment trust fund. Federal funds, other than funds 1,525
received by the administrator under divisions (I) and (J) of this 1,526
section, received for payment of federal benefits may be 1,528
deposited into the benefit account solely for payment of benefits 1,529
under a federal program administered by this state. Moneys so
requisitioned shall be used solely for the payment of benefits 1,531
and for no other purpose. Moneys in the clearing and benefit 1,532
accounts may be deposited by the treasurer of state, under the 1,533
direction of the administrator, in any bank or public depositary 1,534
in which general funds of the state may be deposited, but no 1,535
public deposit insurance charge or premium shall be paid out of 1,536
the fund.
(D) Moneys shall be requisitioned from this state's 1,538
account in the unemployment trust fund solely for the payment of 1,539
benefits and in accordance with regulations prescribed by the 1,540
38
administrator. The administrator shall requisition from the 1,541
unemployment trust fund such amounts, not exceeding the amount 1,542
standing to this state's account therein, as are deemed necessary 1,543
for the payment of benefits for a reasonable future period. Upon 1,544
receipt thereof, the treasurer of state shall deposit such moneys 1,545
in the benefit account. Expenditures of such money in the 1,546
benefit account and refunds from the clearing account shall not 1,547
require specific appropriations or other formal release by state 1,548
officers of money in their custody. Any balance of moneys 1,549
requisitioned from the unemployment trust fund which remains 1,550
unclaimed or unpaid in the benefit account after the expiration 1,551
of the period for which such sums were requisitioned shall either 1,552
be deducted from estimates for and may be utilized for the 1,553
payment of benefits during succeeding periods, or, in the 1,554
discretion of the administrator, shall be redeposited with the 1,555
secretary of the treasury of the United States to the credit of 1,556
this state's account in the unemployment trust fund, as provided 1,557
in division (C) of this section. Unclaimed or unpaid federal 1,558
funds redeposited with the secretary of the treasury of the 1,559
United States shall be credited to the appropriate federal 1,560
account. 1,561
(E) No claim for an adjustment or a refund on 1,563
contribution, payment in lieu of contributions, interest, or 1,564
forfeiture alleged to have been erroneously or illegally assessed 1,565
or collected, or alleged to have been collected without 1,566
authority, and no claim for an adjustment or a refund of any sum 1,567
alleged to have been excessive or in any manner wrongfully 1,568
collected shall be allowed unless an application, in writing, 1,569
therefor is made within four years from the date on which such 1,570
payment was made. If the administrator determines that such 1,571
contribution, payment in lieu of contributions, interest, or 1,572
forfeiture, or any portion thereof, was erroneously collected, 1,573
the administrator shall allow such employer to make an adjustment 1,574
thereof without interest in connection with subsequent 1,575
39
contribution payments, or payments in lieu of contributions, by 1,576
the employer, or the administrator may refund said amount, 1,577
without interest, from the clearing account of the unemployment 1,578
compensation fund, except as provided in division (B) of section 1,579
4141.11 of the Revised Code. For like cause and within the same 1,580
period, adjustment or refund may be so made on the 1,581
administrator's own initiative. An overpayment of contribution, 1,582
payment in lieu of contributions, interest, or forfeiture for 1,583
which an employer has not made application for refund prior to 1,584
the date of sale of the employer's business shall accrue to the 1,586
employer's successor in interest. 1,587
An application for an adjustment or a refund, or any 1,589
portion thereof, that is rejected is binding upon the employer 1,590
unless, within thirty days after the mailing of a written notice 1,591
of rejection to the employer's last known address, or, in the 1,592
absence of mailing of such notice, within thirty days after the 1,593
delivery of such notice, the employer files an application for a 1,594
review and redetermination setting forth the reasons therefor. 1,595
The administrator shall promptly examine the application for 1,596
review and redetermination, and if a review is granted, the 1,597
employer shall be promptly notified thereof, and shall be granted 1,598
an opportunity for a prompt hearing. 1,599
(F) If the administrator finds that contributions have 1,601
been paid to the bureau of employment services in error, and that 1,602
such contributions should have been paid to a department of 1,603
another state or of the United States charged with the 1,604
administration of an unemployment compensation law, the 1,605
administrator may upon request by such department or upon the 1,606
administrator's own initiative transfer to such department the 1,608
amount of such contributions, less any benefits paid to claimants 1,609
whose wages were the basis for such contributions. The 1,610
administrator may request and receive from such department any 1,611
contributions or adjusted contributions paid in error to such 1,612
department which should have been paid to the bureau. 1,613
40
(G) In accordance with section 303(c)(3) of the Social 1,615
Security Act, and section 3304(a)(17) of the Internal Revenue 1,616
Code of 1954 for continuing certification of Ohio unemployment 1,617
compensation laws for administrative grants and for tax credits, 1,618
any interest required to be paid on advances under Title XII of 1,619
the Social Security Act shall be paid in a timely manner and 1,620
shall not be paid, directly or indirectly, by an equivalent 1,621
reduction in the Ohio unemployment taxes or otherwise, by the 1,622
state from amounts in the unemployment compensation fund. 1,623
(H) The treasurer of state, under the direction of the 1,625
administrator and in accordance with the "Cash Management 1,626
Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, 1,627
shall deposit amounts of interest earned by the state on funds in 1,628
the benefit account established pursuant to division (C) of this 1,629
section into the bureau of employment services banking fees fund, 1,630
which is hereby created in the state treasury for the purpose of 1,631
paying related banking costs incurred by the state for the period 1,632
for which the interest is calculated, except that if the 1,633
deposited interest exceeds the banking costs incurred by the 1,634
state for the period for which the interest is calculated, the 1,635
treasurer of state shall deposit the excess interest into the 1,636
unemployment trust fund. 1,637
(I) The treasurer of state, under the direction of the 1,640
administrator, shall deposit federal funds received by the
administrator pursuant to the "Trade Act of 1974," 88 Stat. 1978, 1,642
19 U.S.C.A. 2101, as amended, into the Trade Act account, which 1,643
is hereby created for the purpose of paying for benefits, 1,644
training, and support services under that act. 1,645
(J) The treasurer of state, under the direction of the 1,648
administrator, shall deposit federal funds received by the 1,649
administrator pursuant to the "North American Free Trade 1,650
Agreement Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 1,651
3301, into the North American Free Trade account, which is hereby 1,653
created for the purpose of paying for benefits, training, and
41
support services under that act. 1,654
Sec. 4141.16. (A) The administrator of the bureau of 1,663
employment services shall make available, upon request, to the 1,664
director of human services or to the county directors of human 1,665
services in the state the name, address, ordinary occupation, and 1,666
employment status of each recipient of unemployment benefits 1,667
under this chapter, and a statement of such recipient's rights to 1,668
further benefits under this chapter. THE AGENCY REQUESTING THE 1,669
INFORMATION SHALL PAY THE BUREAU THE ACTUAL COST OF FURNISHING 1,670
THE INFORMATION REQUESTED.
(B) The administrator shall also SHALL furnish, upon 1,672
request of a public agency administering or supervising the 1,673
administration of a state plan approved under part A of Title IV 1,674
of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 1,675
601, or of a public agency charged with any duty or 1,676
responsibility under any program or activity authorized or 1,677
required under part D of Title IV of such act, information with 1,678
respect to any individual specified in the request as to: 1,679
(1) Whether the individual is receiving, has received, or 1,681
has made application for unemployment compensation, and the 1,682
amount of any compensation being received by the individual; 1,683
(2) The current or most recent home address of the 1,685
individual; 1,686
(3) Whether the individual has refused an offer of 1,688
employment and, if so, a description of the employment so offered 1,689
and the terms, conditions, and rate of pay therefor. 1,690
The public agency shall pay to the bureau of employment 1,692
services the actual costs of furnishing the information described 1,693
in this division, as provided in the "Unemployment Compensation 1,694
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 1,695
(C)(1) The administrator shall disclose, upon request, to 1,697
officers, agents, or employees of any state or local child 1,698
support enforcement agency, any wage information contained in the 1,699
records of the bureau of employment services with respect to an 1,700
42
individual identified in the request. 1,701
(2) The officer, agent, or employee of the state or local 1,703
child support enforcement agency shall state in the request that 1,704
the wage information shall be used only for the purposes of 1,705
establishing paternity; establishing, modifying, and enforcing 1,706
child support obligations which are being administered pursuant 1,708
to a plan described in section 454 of the "Social Security Act," 1,709
88 Stat. 2354 (1975), 42 U.S.C.A. 654, which has been approved by 1,710
the United States secretary of health and human services under 1,711
part D of Title IV of the "Social Security Act," 88 Stat. 2351 1,712
(1975), 42 U.S.C.A. 651.
(3) State and local child support enforcement agencies, 1,714
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,715
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,716
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,717
shall pay to the bureau the actual costs of furnishing the 1,718
information described in this division. 1,719
(4) Requirements with respect to the confidentiality of 1,721
information obtained in the administration of this chapter and 1,722
any sanctions imposed on improper disclosure of information 1,723
obtained therein shall apply to the redisclosure of information 1,724
disclosed under this section. 1,725
(D) The administrator also shall furnish, as required by 1,727
section 303(h) of the "Social Security Act," to the United States 1,728
secretary of health and human services, and on a reimbursable 1,729
basis, prompt access to wage and claims information, including 1,730
any information useful in locating an absent parent or such 1,731
parent's employer for use by the "Parent Locator Service," 1,732
section 453, part D of Title IV of the "Social Security Act" and 1,733
as required under section 303(h) of such act. 1,734
(E)(1) If the director of human services determines that 1,736
direct, on-line access to the automated information system 1,737
maintained by the bureau of employment services is an effective 1,738
and efficient means of obtaining necessary information to aid in 1,739
43
the enforcement or collection of child support obligations, the 1,740
director shall make a written request to the administrator of the 1,741
bureau of employment services to permit the following to have 1,742
direct, on-line access to the information system: 1,743
(a) The department of human services; 1,745
(b) Officers, agents, or employees of a state or local 1,747
child support enforcement agency of this state or of another 1,748
state as designated by the director; 1,749
(c) Officers, agents, or employees of any private agency 1,751
designated by the director that is operating pursuant to a 1,752
contract entered into with a state or local child support 1,753
enforcement agency of this state for the exchange of information 1,754
related to the enforcement and collection of child support 1,755
obligations. 1,756
(2) The director of human services shall not designate 1,758
pursuant to division (E)(1) of this section a state or local 1,759
child support enforcement agency of this state or of another 1,760
state or any private agency to have access to the automated 1,761
information system maintained by the bureau unless he THE 1,762
DIRECTOR also determines that on-line direct access to the 1,763
bureau's automated information system by that agency is necessary 1,764
for the implementation of a child support enforcement program 1,765
operating pursuant to a plan described in section 454 of the 1,766
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 1,767
that has been approved by the secretary of health and human 1,768
services under part D of Title IV of the "Social Security Act," 1,769
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 1,770
(3) Upon receipt of a request made under division (E)(1) 1,772
of this section, the administrator of the bureau shall comply 1,773
with the request and shall adopt rules pursuant to this section 1,774
and section 111.15 of the Revised Code to regulate access to the 1,775
bureau's automated information system. The rules shall include a 1,776
confidentiality requirement that conforms to division (E)(5) of 1,777
this section. 1,778
44
(4)(a) State and local child support enforcement agencies, 1,780
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 1,781
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 1,782
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 1,783
shall pay to the bureau the actual costs to the bureau of 1,784
accessing its automated information system. 1,785
(b) Any private agency designated by the director of human 1,787
services pursuant to division (E)(1) of this section that is 1,788
operating pursuant to a contract entered into with a state or 1,789
local child support enforcement agency of this state for the 1,790
exchange of information related to the enforcement and collection 1,791
of child support obligations shall pay or provide contractually 1,792
for the payment of the actual costs to the bureau of accessing 1,793
its automated information system. 1,794
(5) The requirements with respect to the confidentiality 1,796
of information obtained in the administration of this chapter and 1,797
any sanctions imposed on improper disclosure of information 1,798
obtained in the administration of this chapter shall apply to any 1,799
information obtained pursuant to division (E) of this section 1,800
through on-line access to the bureau's automated information 1,801
system. 1,802
(F) The director of human services, the director's 1,804
employees, and other individuals to whom information is made 1,806
available pursuant to this section are subject to section 4141.22 1,807
of the Revised Code and the penalty for violation of that section 1,808
as specified in section 4141.99 of the Revised Code. 1,809
(G) As used in this section, "state or local child support 1,811
enforcement agency" means either of the following: 1,812
(1) In this state, the department of human services, the 1,814
division of child support created pursuant to section 5101.31 of 1,815
the Revised Code, or a child support enforcement agency 1,816
designated by the board of county commissioners pursuant to 1,817
section 2301.35 of the Revised Code; 1,818
(2) In a state other than this state, any agency of a 1,820
45
state or of a political subdivision of a state operating pursuant 1,821
to a plan described in section 454 of the "Social Security Act," 1,822
which has been approved by the secretary of health and human 1,823
services under part D of Title IV of the "Social Security Act." 1,824
Sec. 4141.17. The administrator of the bureau of 1,833
employment services and his secretary, deputies, and authorized 1,835
representative THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION 1,836
may administer oaths, certify to official acts, take depositions, 1,837
issue subpoenas, and compel the attendance and testimony of 1,838
witnesses and the production of books, accounts, papers, records, 1,839
documents, and testimony; but no person shall be compelled
pursuant to this section to attend at a place outside the county 1,841
in which he resides or is found. 1,842
No person shall be excused from attending and testifying or 1,844
from producing books, papers, correspondence, memoranda, or other 1,845
records before the administrator or his secretary or deputy or 1,846
before any authorized representative, agent, or agency of the 1,848
administrator, in any cause, hearing, or proceeding before the 1,849
administrator or a local board, on the ground that the testimony 1,850
or evidence required of him may tend to incriminate him or 1,851
subject him to a penalty or forfeiture; but no person shall be 1,854
prosecuted or be subjected to any penalty or forfeiture on 1,855
account of any transaction, matter, or thing concerning which he 1,856
is compelled, after having claimed his privilege against self 1,858
incrimination, to testify or produce evidence, except that such
individual so testifying shall not be exempt from prosecution and 1,859
punishment for perjury committed in so testifying. 1,860
In case of the refusal of a witness to attend or testify, 1,862
or to produce books or papers, as to any matter regarding which 1,863
he THE WITNESS might be lawfully interrogated in the 1,865
administration of this chapter, the court of common pleas of the
county in which the person resides or is found, THE COURT OF 1,866
APPEALS THAT HAS JURISDICTION OVER THE COUNTY IN WHICH THE PERSON 1,867
RESIDES OR IS FOUND, or a judge thereof, upon application of the 1,869
46
administrator OR COMMISSION, shall compel obedience by
proceedings as for contempt as in case of like refusal to obey a 1,871
similar order of the court.
Sec. 4141.20. (A) Every employer, including those not 1,880
otherwise subject to this chapter, shall furnish the 1,881
administrator of the bureau of employment services upon request 1,882
all information required by him THE ADMINISTRATOR to carry out 1,883
the requirements of this chapter. Every employer receiving from 1,885
the administrator any blank with direction to fill it out shall 1,886
cause it to be properly filled out, in the manner prescribed by 1,887
the administrator, so as to answer fully and correctly all 1,888
questions therein propounded, and shall furnish all the 1,889
information therein sought, or, if unable to do so, such THAT 1,890
employer shall give the administrator in writing good and 1,892
sufficient reason for such failure. 1,893
The administrator may require that such information be 1,895
verified under oath and returned to the administrator within the 1,896
period fixed by him THE ADMINISTRATOR or by law. The 1,897
administrator or any person employed by him THE ADMINISTRATOR for 1,899
that purpose may examine under oath any such employer, or the 1,900
officer, agent, or employee of such THAT employer, for the 1,901
purpose of ascertaining any information which such THAT THE 1,902
employer is required by this chapter to furnish to the 1,903
administrator. Any employer who fails to furnish information as 1,904
is required by the administrator under authority of this section 1,905
shall forfeit five hundred dollars to be collected in a civil 1,906
action brought against the employer in the name of the state. 1,907
(B) Effective with the calendar quarter beginning April 1, 1,909
1987, every contributory employer shall file a quarterly 1,910
contribution report and a quarterly report of wages. The 1,911
quarterly reports shall be filed no later than the last day of 1,912
the first month following the close of the calendar quarter for 1,913
which the quarterly reports are being filed. The employer shall 1,914
enter on the quarterly contribution report the total and taxable 1,915
47
remuneration paid to all employees during the quarter. The 1,916
employer shall enter on the quarterly report of wages the name 1,917
and social security number of each individual employed during the 1,918
calendar quarter, the total remuneration paid the individual, the 1,919
number of weeks during the quarter for which the individual was 1,920
paid remuneration, and any other information as required by 1,921
section 1137 of the "Social Security Act." The administrator 1,922
shall furnish the form or forms on which the quarterly reports 1,923
are to be submitted or the employer may use other methods of 1,924
reporting, INCLUDING ELECTRONIC INFORMATION TRANSMISSION METHODS, 1,926
as approved by the administrator.
Effective until the calendar quarter beginning January 1, 1,928
1993, in case of failure to file the quarterly contribution 1,929
report or the report of wages containing all the required 1,930
contribution and wage information within the time prescribed by 1,931
this section, there shall be assessed a forfeiture amounting to 1,932
ten per cent of the contributions due; provided such forfeiture 1,933
shall not be less than twenty-five nor more than two hundred 1,934
fifty dollars. The administrator may waive the forfeiture only 1,935
with respect to the report of wages, and the waiver may be 1,936
approved only if the employer shows good cause for failure to 1,937
file the required information. 1,938
Effective with the calendar quarter beginning January 1, 1,940
1993, in case of failure to file the quarterly contribution 1,941
report containing all the required information within the time 1,942
prescribed by this section, there shall be assessed a forfeiture 1,943
amounting to twenty-five one-hundredths of one per cent of the 1,944
total remuneration paid by the employer, provided such forfeiture 1,945
shall not be less than thirty nor more than five hundred dollars 1,946
per quarterly contribution report. The administrator may waive 1,947
the forfeiture only if the employer provides to the administrator 1,948
a written statement showing good cause for failure to file the 1,949
required quarterly contribution report. 1,950
Effective with the calendar quarter beginning January 1, 1,952
48
1993, in case of failure to file the quarterly report of wages 1,953
containing all the required information within the time 1,954
prescribed by this section, there shall be assessed a forfeiture 1,955
amounting to twenty-five one-hundredths of one per cent of the 1,956
total remuneration paid by the employer, provided such forfeiture 1,957
shall be not less than thirty nor more than five hundred dollars 1,958
per quarterly report of wages. The administrator may waive the 1,959
forfeiture only if the employer provides to the administrator a 1,960
written statement showing good cause for failure to file the 1,961
required quarterly report of wages. 1,962
(C) Effective with the calendar quarter beginning April 1, 1,964
1987, every employer liable for payments in lieu of contributions 1,965
shall file a quarterly payroll report and a quarterly report of 1,966
wages. The employer shall file the quarterly reports no later 1,967
than the last day of the first month following the close of the 1,968
calendar quarter for which the quarterly reports are being filed. 1,969
The employer shall enter on the quarterly payroll report the 1,970
total remuneration paid to all employees during the quarter and 1,971
the total wages that would have been taxable had the employer 1,972
been subject to contributions. The employer shall enter on the 1,973
quarterly report of wages the name and social security number of 1,974
each individual employed during the calendar quarter, the total 1,975
remuneration paid the individual, the number of weeks during the 1,976
quarter for which the individual was paid remuneration, and any 1,977
other information as required by section 1137 of the "Social 1,978
Security Act." The administrator shall furnish the form or forms 1,979
on which the quarterly reports are to be submitted or the 1,980
employer may use other methods of reporting, INCLUDING ELECTRONIC 1,981
INFORMATION TRANSMISSION METHODS, as approved by the 1,982
administrator.
Effective until the calendar quarter beginning January 1, 1,984
1993, in case of failure to file the quarterly payroll report or 1,985
the report of wages containing all of the required payroll or 1,986
wage information within the time prescribed by this section, the 1,987
49
employer shall be assessed a forfeiture of twenty-five dollars 1,988
per report. The administrator may waive the forfeiture only with 1,989
respect to the report of wages, and such waiver may be approved 1,990
only if the employer shows good cause for failure to file the 1,991
required information. 1,992
Effective with the calendar quarter beginning January 1, 1,994
1993, in case of failure to file the quarterly payroll report 1,995
containing all the required wage information within the time 1,996
prescribed by this section, the employer shall be assessed a 1,997
forfeiture amounting to twenty-five one-hundredths of one per 1,998
cent of the total remuneration paid by the employer, provided 1,999
such forfeiture shall not be less than thirty nor more than five 2,000
hundred dollars per quarterly payroll report. The administrator 2,001
may waive the forfeiture only if the employer provides to the 2,002
administrator a written statement showing good cause for failure 2,003
to file the required quarterly payroll report. 2,004
Effective with the calendar quarter beginning January 1, 2,006
1993, in case of failure to file the quarterly report of wages 2,007
containing all the required information within the time 2,008
prescribed by this section, there shall be assessed a forfeiture 2,009
amounting to twenty-five one-hundredths of one per cent of the 2,010
total remuneration paid by the employer, provided such forfeiture 2,011
shall be not less than thirty nor more than five hundred dollars 2,012
per quarterly report of wages. The administrator may waive the 2,013
forfeiture only if the employer provides to the administrator a 2,014
written statement showing good cause for failure to file the 2,015
required quarterly report of wages. 2,016
(D) All forfeitures required by this section shall be paid 2,018
into the unemployment compensation special administrative fund as 2,019
provided in section 4141.11 of the Revised Code. 2,020
Sec. 4141.21. Except as provided in sections 4141.16, 2,029
4141.161, 4141.162, and 4141.163 of the Revised Code; until 2,030
October 1, 1994, except as provided in section 4141.164 of the 2,032
Revised Code;of the bureau of employment services by employers or employees 2,037
pursuant to this chapter is for the exclusive use and information 2,038
of the bureau of employment services in the discharge of its 2,039
duties and shall not be open to the public or be used in any 2,040
court in any action or proceeding pending therein, or be 2,041
admissible in evidence in any action, other than one arising 2,042
under such THOSE sections. All of the information and records 2,043
necessary or useful in the determination of any particular claim 2,044
for benefits or necessary in verifying any charge to an 2,045
employer's account under sections 4141.23 to 4141.26 of the 2,046
Revised Code shall be available for examination and use by the 2,047
employer and the employee involved or their authorized 2,048
representatives in the hearing of such cases, and such THAT 2,049
information may be tabulated and published in statistical form
for the use and information of the state departments and the 2,050
public. 2,051
Sec. 4141.22. (A) No person shall disclose any 2,060
information which THAT was MAINTAINED BY THE ADMINISTRATOR OF THE 2,062
BUREAU OF EMPLOYMENT SERVICES OR furnished to the administrator
of the bureau of employment services by employers or employees 2,063
pursuant to Chapter 4141. of the Revised Code, unless such 2,064
disclosure is permitted under section 4141.21 of the Revised 2,065
Code.
(B) No person in the employ of the administrator of the 2,067
bureau of employment services, or who has been in the employ of 2,068
the administrator at any time, shall divulge any information 2,069
secured by him THE PERSON while so employed in respect to the 2,070
transactions, property, business, or mechanical, chemical, or 2,072
other industrial process of any person, firm, corporation, 2,073
association, or partnership to any person other than the 2,074
administrator or other employees of the bureau of employment 2,075
services as required by such THE person's duties, or to other 2,076
51
persons as authorized by the administrator under section 4141.43 2,077
of the Revised Code.
Whoever violates this section shall be disqualified from 2,079
holding any appointment or employment by the administrator. 2,080
Sec. 4141.24. (A)(1) The administrator of the bureau of 2,089
employment services shall maintain a separate account for each 2,090
employer and, except as otherwise provided in division (D)(B) of 2,092
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 2,093
contributions, or payments in lieu of contributions, which he THE 2,094
EMPLOYER has paid on his THE EMPLOYER'S own behalf. 2,095
(2) If, as of the computation date, a contributory 2,097
employer's account shows a negative balance computed as provided 2,098
in division (C)(A)(3) of section 4141.25 of the Revised Code, 2,099
less any contributions due and unpaid on such date, which 2,100
negative balance is in excess of the limitations imposed by 2,101
divisions (A)(2)(a), (b), and (c) of this section and if the 2,102
employer's account is otherwise eligible for the transfer, then 2,103
before his THE EMPLOYER'S contribution rate is computed for the 2,104
next succeeding contribution period, an amount equal to the 2,105
amount of the excess eligible for transfer shall be permanently 2,106
transferred from the account of such employer and charged to the 2,107
mutualized account provided in division (D)(B) of section 4141.25 2,108
of the Revised Code. 2,109
(a) If as of any computation date, a contributory 2,111
employer's account shows a negative balance in excess of ten per 2,112
cent of the employer's average annual payroll, then before his 2,113
THE EMPLOYER'S contribution rate is computed for the next 2,114
succeeding contribution period, an amount equal to the amount of 2,115
the excess shall be transferred from the account as provided in 2,116
this division. No contributory employer's account may have any 2,117
excess transferred pursuant to division (A)(2)(a) of this 2,118
section, unless his THE EMPLOYER'S account has shown a positive 2,119
balance for at least two consecutive computation dates prior to 2,120
52
the computation date with respect to which the transfer is 2,121
proposed. Each time a transfer is made pursuant to division 2,122
(A)(2)(a) of this section, the employer's account is ineligible 2,123
for any additional transfers under that division, until the 2,124
account shows a positive balance for at least two consecutive 2,125
computation dates subsequent to the computation date of which the 2,126
most recent transfer occurs pursuant to division (A)(2)(a), (b), 2,127
or (c) of this section.
(b) If at the next computation date after the computation 2,129
date at which a transfer from the account occurs pursuant to 2,130
division (A)(2)(a) of this section, a contributory employer's 2,131
account shows a negative balance in excess of fifteen per cent of 2,132
the employer's average annual payroll, then before his THE 2,133
EMPLOYER'S contribution rate is computed for the next succeeding 2,134
contribution period an amount equal to the amount of the excess 2,135
shall be permanently transferred from the account as provided in 2,136
this division. 2,137
(c) If at the next computation date subsequent to the 2,139
computation date at which a transfer from a contributory 2,140
employer's account occurs pursuant to division (A)(2)(b) of this 2,141
section, the employer's account shows a negative balance in 2,142
excess of twenty per cent of the employer's average annual 2,143
payroll, then before his THE EMPLOYER'S contribution rate is 2,144
computed for the next succeeding contribution period, an amount 2,145
equal to the amount of the excess shall be permanently 2,146
transferred from the account as provided in this division. 2,147
(d) If no transfer occurs pursuant to division (A)(2)(b) 2,149
or (c) of this section, the employer's account is ineligible for 2,150
any additional transfers under division (A)(2) until the account 2,151
requalifies for a transfer pursuant to division (A)(2)(a) of this 2,152
section. 2,153
(B) Any employer may make voluntary payments in addition 2,155
to the contributions required under this chapter, in accordance 2,156
with rules established by the administrator. Such payments shall 2,157
53
be included in the employer's account as of the computation date, 2,158
provided they are received by the bureau of employment services 2,159
by the thirty-first day of December following such computation 2,160
date. Such voluntary payment, when accepted from an employer, 2,161
will not be refunded in whole or in part. In determining whether 2,162
an employer's account has a positive balance on two consecutive 2,163
computation dates and is eligible for transfers under division 2,164
(A)(2) of this section, the administrator shall exclude any 2,165
voluntary payments made subsequent to the last transfer made 2,166
under division (A)(2) of this section. 2,167
(C) All contributions to the fund shall be pooled and 2,169
available to pay benefits to any individual entitled to benefits 2,170
irrespective of the source of such contributions. 2,171
(D)(1) For the purposes of this section and sections 2,173
4141.241 and 4141.242 of the Revised Code, an employer's account 2,174
shall be charged only for benefits based on remuneration paid by 2,175
such employer. Benefits paid to an eligible individual shall be 2,176
charged against the account of each employer within the 2,177
claimant's base period in the proportion to which wages 2,178
attributable to each employer of the claimant bears to the 2,179
claimant's total base period wages. Charges to the account of a 2,180
base period employer with whom the claimant is employed part-time 2,181
at the time his THE CLAIMANT'S application for a determination of 2,183
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 2,184
(a) The claimant also worked part-time for the employer 2,186
during the base period of the claim. 2,187
(b) The claimant is unemployed due to loss of other 2,189
employment. 2,190
(c) The employer either is not a reimbursing employer 2,192
under section 4141.241 or 4141.242 of the Revised Code or is a 2,193
reimbursing employer who has been determined to be a seasonal 2,194
employer pursuant to section 4141.33 of the Revised Code, and the 2,195
benefit charges are for weeks of unemployment that occurred 2,196
54
outside the seasonal employer's seasonal period. 2,197
(2) NOTWITHSTANDING DIVISION (D)(1) OF THIS SECTION, 2,199
CHARGES TO THE ACCOUNT OF ANY EMPLOYER, INCLUDING ANY REIMBURSING 2,200
EMPLOYER, SHALL BE CHARGED TO THE MUTUALIZED ACCOUNT IF IT 2,201
FINALLY IS DETERMINED BY A COURT ON APPEAL THAT THE EMPLOYER'S 2,202
ACCOUNT IS NOT CHARGEABLE FOR THE BENEFITS.
(3) The administrator shall notify each employer at least 2,204
once each month of the benefits charged to his THE EMPLOYER'S 2,205
account since the last preceding notice; except that for the 2,207
purposes of sections 4141.241 and 4141.242 of the Revised Code 2,208
which provides the billing of employers on a payment in lieu of a 2,209
contribution basis, the administrator may prescribe a quarterly 2,210
or less frequent notice of benefits charged to the employer's 2,211
account. Such notice will show a summary of the amount of 2,212
benefits paid which were charged to the employer's account. This 2,213
notice shall not be deemed a determination of the claimant's 2,214
eligibility for benefits. Any employer so notified, may, 2,215
however, MAY FILE within fifteen days after the mailing date of 2,216
the notice, file an exception to charges appearing on the notice 2,218
on the grounds that such charges are not in accordance with this 2,219
section. The administrator shall promptly examine the exception 2,220
to such charges and shall notify the employer of his THE 2,221
ADMINISTRATOR'S decision thereon, which decision shall become 2,222
final unless appealed to the board of UNEMPLOYMENT COMPENSATION 2,223
review COMMISSION in the manner provided in section 4141.26 of 2,224
the Revised Code. For the purposes of this division, an 2,225
exception is considered timely filed when it has been received as 2,226
provided in division (I)(2) of section 4141.28 of the Revised 2,227
Code.
(3) For the purpose of this section and sections 4141.241 2,229
and 4141.242 of the Revised Code, benefits based on public 2,230
service wages for services performed in a public service job as 2,231
defined in the "Comprehensive Employment and Training Act of 2,232
1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, to the extent 2,233
55
that wages are paid with funds provided under that federal act 2,234
shall not be charged to the account of any employer but shall be 2,235
charged to the account of the federal government to the extent 2,236
that the unemployment compensation fund is reimbursed for 2,237
benefits under section 221, Title II of the "Emergency Jobs and 2,238
Unemployment Assistance Act of 1974," 88 Stat. 1845, as added by 2,239
section 6(a) of Public Law 94-444, as amended. 2,240
(E) The administrator shall terminate and close the 2,242
account of any contributory employer who has been subject to this 2,243
chapter if the enterprise for which the account was established 2,244
is no longer in operation and it has had no payroll and its 2,245
account has not been chargeable with benefits for a period of 2,246
five consecutive years. The amount of any positive balance, 2,247
computed as provided in division (C)(A)(3) of section 4141.25 of 2,249
the Revised Code, in an account closed and terminated as provided
in this section shall be credited to the mutualized account as 2,250
provided in division (D)(B)(2)(b) of section 4141.25 of the 2,251
Revised Code. The amount of any negative balance, computed as 2,252
provided in division (C)(A)(3) of section 4141.25 of the Revised 2,253
Code, in an account closed and terminated as provided in this 2,254
section shall be charged to the mutualized account as provided in 2,255
division (D)(B)(1)(b) of section 4141.25 of the Revised Code. 2,256
The amount of any positive balance or negative balance, credited 2,258
or charged to the mutualized account after the termination and 2,259
closing of an employer's account, shall not thereafter be 2,260
considered in determining the contribution rate of such employer. 2,261
The closing of an employer's account as provided in this division 2,262
shall not relieve such employer from liability for any unpaid 2,263
contributions or payment in lieu of contributions which are due 2,264
for periods prior to such closing. 2,265
If the administrator finds that a contributory employer's 2,267
business is closed solely because of the entrance of one or more 2,268
of the owners, officers, or partners, or the majority 2,269
stockholder, into the armed forces of the United States, or any 2,270
56
of its allies, or of the United Nations after July 1, 1950, such 2,271
employer's account shall not be terminated and if the business is 2,272
resumed within two years after the discharge or release of such 2,273
persons from active duty in the armed forces, the employer's 2,274
experience shall be deemed to have been continuous throughout 2,275
such period. The reserve ratio of any such employer shall be the 2,276
total contributions paid by such employer minus all benefits, 2,277
including benefits paid to any individual during the period such 2,278
employer was in the armed forces, based upon wages paid by him 2,279
THE EMPLOYER prior to his THE EMPLOYER'S entrance into the armed 2,280
forces divided by the average of his THE EMPLOYER'S annual 2,282
payrolls for the three most recent years during the whole of 2,284
which the employer has been in business.
(F) If an employer transfers his THE EMPLOYER'S business 2,286
or otherwise reorganizes such business, the successor in interest 2,287
shall assume the resources and liabilities of such employer's 2,288
account, and continue the payment of all contributions, or 2,289
payments in lieu of contributions, due under this chapter. If an 2,290
employer acquires substantially all of the assets in a trade or 2,291
business of another employer, or a clearly segregable and 2,292
identifiable portion of an employer's enterprise, and immediately 2,293
after the acquisition employs in his THE EMPLOYER'S trade or 2,294
business substantially the same individuals who immediately prior 2,296
to the acquisition were employed in the trade or business or in 2,297
the separate unit of such trade or business of such predecessor 2,298
employer, then, upon application to the administrator signed by 2,299
the predecessor employer and the acquiring employer, the employer 2,300
acquiring such enterprise is the successor in interest. In the 2,301
case of a transfer of a portion of an employer's enterprise, only 2,302
that part of the experience with unemployment compensation and 2,303
payrolls that is directly attributable to the segregated and 2,304
identifiable part shall be transferred and used in computing the 2,305
contribution rate of the successor employer on the next 2,306
computation date. The administrator by rule may prescribe 2,307
57
procedures for effecting transfers of experience as provided for 2,308
in this section.
(G) For the purposes of this section, two or more 2,310
employers who are parties to or the subject of a merger, 2,311
consolidation, or other form of reorganization effecting a change 2,312
in legal identity or form are deemed to be a single employer if 2,313
the administrator finds that immediately after such change the 2,314
employing enterprises of the predecessor employers are continued 2,315
solely through a single employer as successor thereto, and 2,316
immediately after such change such successor is owned or 2,317
controlled by substantially the same interests as the predecessor 2,318
employers, and the successor has assumed liability for all 2,319
contributions required of the predecessor employers, and the 2,320
consideration of such two or more employers as a single employer 2,321
for the purposes of this section would not be inequitable. 2,322
(H) No rate of contribution less than three TWO AND 2,324
SEVEN-TENTHS per cent shall be permitted a contributory employer 2,326
succeeding to the experience of another contributory employer 2,327
pursuant to this section for any period subsequent to such 2,328
succession, except in accordance with rules prescribed by the 2,329
administrator, which rules shall be consistent with federal 2,330
requirements for additional credit allowance in section 3303 of 2,331
the "Internal Revenue Code of 1954" and consistent with this 2,332
chapter, except that such rules may establish a computation date 2,333
for any such period different from the computation date generally 2,334
prescribed by this chapter, and may define "calendar year" as 2,335
meaning a twelve consecutive month period ending on the same day 2,336
of the year as that on which such computation date occurs. 2,337
(I) The administrator may prescribe rules for the 2,339
establishment, maintenance, and dissolution of common 2,340
contribution rates for two or more contributory employers, and in 2,341
accordance with such rules and upon application by two or more 2,342
employers shall establish such common rate to be computed by 2,343
merging the several contribution rate factors of such employers 2,344
58
for the purpose of establishing a common contribution rate 2,345
applicable to all such employers. 2,346
Sec. 4141.241. (A)(1) Any nonprofit organization 2,355
described in division (X) of section 4141.01 of the Revised Code, 2,356
which becomes subject to this chapter on or after January 1, 2,357
1972, shall pay contributions under section 4141.25 of the 2,358
Revised Code, unless it elects, in accordance with this division, 2,359
to pay to the administrator of employment services for deposit in 2,360
the unemployment compensation fund an amount in lieu of 2,361
contributions equal to the amount of regular benefits plus one 2,362
half of extended benefits paid from that fund that is 2,363
attributable to service in the employ of the nonprofit 2,364
organization to individuals whose service, during the base period 2,365
of the claims, was within the effective period of such election. 2,366
(2) Any nonprofit organization which becomes subject to 2,368
this chapter after January 1, 1972, may elect to become liable 2,369
for payments in lieu of contributions for a period of not less 2,370
than the remainder of that calendar year and the next calendar 2,371
year, beginning with the date on which such subjectivity begins, 2,372
by filing a written notice of its election with the administrator 2,373
not later than thirty days immediately following the date of the 2,374
determination of such subjectivity. 2,375
(3) Any nonprofit organization which makes an election in 2,377
accordance with this division will continue to be liable for 2,378
payments in lieu of contributions for the period described in 2,379
this division and until it files with the administrator a written 2,380
notice terminating its election. The notice shall be filed not 2,381
later than thirty days prior to the beginning of the calendar 2,382
year for which the termination is to become effective. 2,383
(4) Any nonprofit organization which has been paying 2,385
contributions for a period subsequent to January 1, 1972, may 2,386
change to a reimbursable basis by filing with the administrator, 2,387
not later than thirty days prior to the beginning of any calendar 2,388
year, a written notice of election to become liable for payments 2,389
59
in lieu of contributions. The election shall not be terminable 2,390
by the organization during that calendar year and the next 2,391
calendar year. 2,392
(5) The administrator, in accordance with any rules the 2,394
administrator prescribes, shall notify each nonprofit 2,395
organization of any determination which the administrator may 2,397
make of its status as an employer and of the effective date of 2,399
any election which it makes and of any termination of the 2,400
election. Any determinations shall be subject to 2,401
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 2,402
(B) Except as provided in division (I) of section 4141.29 2,404
of the Revised Code, benefits based on service with a nonprofit 2,405
organization granted a reimbursing status under this section 2,406
shall be payable in the same amount, on the same terms, and 2,407
subject to the same conditions, as benefits payable on the basis 2,408
of other service subject to this chapter. Payments in lieu of 2,409
contributions shall be made in accordance with this division and 2,410
division (D) of section 4141.24 of the Revised Code. 2,411
(1)(a) At the end of each calendar quarter, or at the end 2,413
of any other period as determined by the administrator under 2,414
division (D)(2)(3) of section 4141.24 of the Revised Code, the 2,415
administrator shall bill each nonprofit organization or group of 2,416
such organizations which has elected to make payments in lieu of 2,417
contributions for an amount equal to the full amount of regular 2,418
benefits plus one half of the amount of extended benefits paid 2,419
during such quarter or other prescribed period which is 2,420
attributable to service in the employ of such organization. 2,421
(b) In the computation of the amount of benefits to be 2,423
charged to employers liable for payments in lieu of 2,424
contributions, all benefits attributable to service described in 2,425
division (B)(1)(a) of this section shall be computed and charged 2,426
to such organization as described in division (D) of section 2,427
4141.24 of the Revised Code, and, except as provided in division 2,428
60
(C)(D)(2) of section 4141.33 4141.24 of the Revised Code, no 2,430
portion of the amount may be charged to the mutualized account 2,431
established by division (D)(B) of section 4141.25 of the Revised 2,432
Code.
(c) The administrator may prescribe regulations under 2,434
which organizations, which have elected to make payments in lieu 2,435
of contributions may request permission to make such payments in 2,436
equal installments throughout the year with an adjustment at the 2,437
end of the year for any excess or shortage of the amount of such 2,438
installment payments compared with the total amount of benefits 2,439
actually charged the organization's account during the year. In 2,440
making any adjustment, where the total installment payments are 2,441
less than the actual benefits charged, the organization shall be 2,442
liable for payment of the unpaid balance in accordance with 2,443
division (B)(2) of this section. If the total installment 2,444
payments exceed the actual benefits charged, all or part of the 2,445
excess may, at the discretion of the administrator, be refunded 2,446
or retained in the fund as part of the payments which may be 2,447
required in the next year. 2,448
(2) Payment of any bill rendered under division (B)(1) of 2,450
this section shall be made not later than thirty days after the 2,451
bill was mailed to the last known address of the organization or 2,452
was otherwise delivered to it, unless there has been an 2,453
application for review and redetermination in accordance with 2,454
division (B)(4) of this section. 2,455
(3) Payments made by an organization under this section 2,457
shall not be deducted or deductible, in whole or in part, from 2,458
the remuneration of individuals in the employ of the 2,459
organization. 2,460
(4) An organization may file an application for review and 2,462
redetermination of the amounts appearing on any bill rendered to 2,463
such organization under division (B)(1) of this section. The 2,464
application shall be filed and determined under division 2,466
(D)(2)(3) of section 4141.24 of the Revised Code. 2,467
61
(5) Past due payments of amounts in lieu of contributions 2,469
shall be subject to the same interest rates and collection 2,470
procedures that apply to past due contributions under sections 2,471
4141.23 and 4141.27 of the Revised Code. In case of failure to 2,472
file a required quarterly report within the time prescribed by 2,473
the administrator, the nonprofit organization shall be subject to 2,474
a forfeiture pursuant to section 4141.20 of the Revised Code for 2,475
each quarterly report that is not timely filed. 2,476
All interest and forfeitures collected under this division 2,478
shall be paid into the unemployment compensation special 2,479
administrative fund as provided in section 4141.11 of the Revised 2,480
Code. 2,481
(6) All payments in lieu of contributions collected under 2,483
this section shall be paid into the unemployment compensation 2,484
fund as provided in section 4141.09 of the Revised Code. Any 2,485
refunds of such payments shall be paid from the unemployment 2,486
compensation fund, as provided in section 4141.09 of the Revised 2,487
Code. 2,488
(C)(1) Any nonprofit organization, or group of such 2,490
organizations approved under division (D) of this section, that 2,492
elects to become liable for payments in lieu of contributions 2,493
shall be required within thirty days after the effective date of 2,494
its election, to execute and file with the administrator a surety 2,495
bond approved by the administrator or it may elect instead to 2,496
deposit with the administrator approved municipal or other bonds, 2,497
or approved securities, or a combination thereof, or other forms 2,498
of collateral security approved by the administrator. 2,499
(2)(a) The amount of the bond or deposit required shall be 2,501
equal to three per cent of the organization's wages paid for 2,502
employment as defined in section 4141.01 of the Revised Code that 2,503
would have been taxable had the organization been a subject 2,504
employer during the four calendar quarters immediately preceding 2,505
the effective date of the election, or the amount established by 2,507
the administrator within the limitation provided in division 2,508
62
(C)(2)(d) of this section, whichever is the less. The effective 2,509
date of the amount of the bond or other collateral security 2,510
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 2,511
shall be the renewal date in the case of a bond or the biennial 2,513
anniversary of the effective date of election in the case of 2,514
deposit of securities or other forms of collateral security 2,515
approved by the administrator, whichever date shall be most 2,516
recent and applicable. If the nonprofit organization did not pay 2,517
wages in each of such four calendar quarters, the amount of the 2,518
bond or deposit shall be as determined by the administrator under 2,519
regulations prescribed for this purpose. 2,520
(b) Any bond or other form of collateral security approved 2,522
by the administrator deposited under this division shall be in 2,523
force for a period of not less than two calendar years and shall 2,524
be renewed with the approval of the administrator, at such times 2,525
as the administrator may prescribe, but not less frequently than 2,526
at two year intervals as long as the organization continues to be 2,527
liable for payments in lieu of contributions. The administrator 2,528
shall require adjustments to be made in a previously filed bond 2,529
or other form of collateral security as the administrator 2,531
considers appropriate. If the bond or other form of collateral 2,532
security is to be increased, the adjusted bond or collateral 2,533
security shall be filed by the organization within thirty days of 2,534
the date that notice of the required adjustment was mailed or 2,535
otherwise delivered to it. Failure by any organization covered 2,536
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 2,537
applicable interest provided for in division (B)(5) of this 2,538
section, shall render the surety liable on the bond or collateral 2,539
security to the extent of the bond or collateral security, as 2,540
though the surety was the organization. 2,541
(c) Any securities accepted in lieu of surety bond by the 2,543
administrator shall be deposited with the treasurer of state who 2,544
63
shall have custody thereof and retain the same in his or her THE 2,545
TREASURER OF STATE'S possession, or release them, according to 2,546
conditions prescribed by regulations of the administrator. 2,548
Income from the securities, held in custody by the treasurer of 2,549
state, shall accrue to the benefit of the depositor and shall be 2,550
distributed to the depositor in the absence of any notification 2,551
from the administrator that the depositor is in default on any 2,552
payment owed to the bureau of employment services. The 2,553
administrator may require the sale of any such bonds to the 2,554
extent necessary to satisfy any unpaid payments in lieu of 2,555
contributions, together with any applicable interest or 2,556
forfeitures provided for in division (B)(5) of this section. The 2,557
administrator shall require the employer within thirty days 2,558
following any sale of deposited securities, under this 2,559
subdivision, to deposit additional securities, surety bond or 2,560
combination of both, to make whole the employer's security 2,561
deposit at the approved level. Any cash remaining from the sale 2,562
of such securities may, at the discretion of the administrator, 2,563
be refunded in whole or in part, or be paid into the unemployment 2,564
compensation fund to cover future payments required of the 2,565
organization.
(d) The required bond or deposit for any nonprofit 2,567
organization, or group of such organizations approved by the 2,568
administrator under division (D) of this section, that is 2,569
determined by the administrator to be liable for payments in lieu 2,570
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 2,571
deposit for any renewed elections under division (C)(2)(b) of 2,572
this section effective during that period shall not exceed one 2,573
million two hundred fifty thousand dollars. The required bond or 2,574
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 2,575
this section, that is determined to be liable for payments in 2,576
lieu of contributions effective on and after January 1, 1998, and 2,577
64
the required bond or deposit for any renewed elections effective 2,578
on and after January 1, 1998, shall not exceed two million 2,579
dollars.
(3) If any nonprofit organization fails to file a bond or 2,581
make a deposit, or to file a bond in an increased amount or to 2,582
make whole the amount of a previously made deposit, as provided 2,583
under this division, the administrator may terminate the 2,584
organization's election to make payments in lieu of contributions 2,585
effective for the quarter following such failure and the 2,586
termination shall continue for not less than the remainder of 2,587
that calendar year and the next calendar year, beginning with the 2,588
quarter in which the termination becomes effective; except that 2,589
the administrator may extend for good cause the applicable 2,590
filing, deposit or adjustment period by not more than thirty 2,591
days. 2,592
(D)(1) Two or more nonprofit organizations that have 2,594
become liable for payments in lieu of contributions, in 2,595
accordance with division (A) of this section, may file a joint 2,596
application to the administrator for the establishment of the 2,597
group account for the purpose of sharing the cost of benefits 2,598
paid that are attributable to service in the employ of those 2,599
employers. Notwithstanding division (E) of section 4141.242 of 2,600
the Revised Code, hospitals operated by this state or a political 2,601
subdivision may participate in a group account with nonprofit 2,602
organizations under the procedures set forth in this section. 2,603
Each application shall identify and authorize a group 2,604
representative to act as the group's agent for the purposes of 2,605
this division. 2,606
(2) Upon the administrator's approval of the application, 2,608
the administrator shall establish a group account for the 2,609
employers effective as of the beginning of the calendar quarter 2,610
in which he THE ADMINISTRATOR receives the application and shall 2,611
notify the group's representative of the effective date of the 2,612
account. The account shall remain in effect for not less than 2,613
65
two years and thereafter until terminated by the administrator or 2,614
upon application by the group. 2,615
(3) Upon establishment of the account, each member of the 2,617
group shall be liable, in the event that the group representative 2,618
fails to pay any bill issued to it pursuant to division (B) of 2,619
this section, for payments in lieu of contributions with respect 2,620
to each calendar quarter in the amount that bears the same ratio 2,621
to the total benefits paid in the quarter that are attributable 2,622
to service performed in the employ of all members of the group as 2,623
the total wages paid for service in employment by the member in 2,624
the quarter bear to the total wages paid during the quarter for 2,625
service performed in the employ of all members of the group. 2,626
(4) The administrator shall adopt regulations as 2,628
considered necessary with respect to the following: applications 2,629
for establishment, bonding, maintenance, and termination of group 2,630
accounts that are authorized by this section; addition of new 2,631
members to and withdrawal of active members from such accounts; 2,632
and the determination of the amounts that are payable under this 2,633
division by the group representative and in the event of default 2,634
in payment by the group representative, members of the group, and 2,635
the time and manner of payments. 2,636
Sec. 4141.25. (A) Wages paid for services in a public 2,645
service job as defined in the "Comprehensive Employment and 2,646
Training Act of 1973," 87 Stat. 839, 29 U.S.C.A. 801, as amended, 2,647
shall not be subject to contribution to the extent that wages are 2,648
paid with funds provided under that federal act and are not 2,649
subject to the tax imposed by the "Federal Unemployment Tax Act," 2,650
53 Stat. 183 (1939), 26 U.S.C.A. 3301, and that benefits based on 2,651
those services are reimbursed to this state by the federal 2,652
government. 2,653
(B) An employer who first becomes subject to this chapter 2,655
as a contributory employer shall pay the average contribution 2,656
rate computed for the industry in which the employer is engaged, 2,657
or a rate of three per cent, whichever is greater, until there 2,658
66
have been four consecutive calendar quarters, ending on the 2,659
thirtieth day of June prior to the computation date throughout 2,660
which the employer's account was chargeable with benefits. Upon 2,661
expiration of this qualifying period, the rate shall then be 2,662
computed in accordance with division (C) of this section. The 2,663
"average contribution rate" for the industry as used in this 2,664
division means the most recent annual average rate reported by 2,665
the bureau of employment services contained in report RS 203.2. 2,666
(C) The administrator of the bureau of employment services 2,668
shall determine as of each computation date the contribution rate 2,669
of each CONTRIBUTING employer SUBJECT TO THIS CHAPTER for the 2,670
next succeeding contribution period. THE ADMINISTRATOR SHALL 2,671
DETERMINE A STANDARD RATE OF CONTRIBUTION OR AN EXPERIENCE RATE 2,672
FOR EACH CONTRIBUTING EMPLOYER. Once a rate of contribution has 2,673
been established under this section for a contribution period, 2,675
except as provided in division (D) of section 4141.26 of the 2,676
Revised Code, that rate shall remain effective throughout such 2,677
contribution period. The rate of contribution shall be 2,678
determined in accordance with the following requirements: 2,679
(1) An EMPLOYER WHOSE EXPERIENCE DOES NOT MEET THE TERMS 2,681
OF DIVISION (A)(2) OF THIS SECTION SHALL BE ASSIGNED A STANDARD 2,682
RATE OF CONTRIBUTION. EFFECTIVE FOR CONTRIBUTION PERIODS 2,683
BEGINNING ON AND AFTER JANUARY 1, 1998, AN employer's standard 2,685
rate of contribution shall be A RATE OF TWO AND SEVEN-TENTHS PER 2,686
CENT, EXCEPT THAT THE RATE FOR EMPLOYERS ENGAGED IN THE 2,687
CONSTRUCTION INDUSTRY SHALL BE the average contribution rate 2,688
computed for the CONSTRUCTION industry in which the employer is 2,689
engaged or as set forth in division (B) of this section OR A RATE 2,690
OF TWO AND SEVEN-TENTHS PER CENT, whichever is greater, unless 2,691
there have been four consecutive calendar quarters, ending on the 2,692
thirtieth day of June prior to the computation date, throughout 2,693
which the employer's account was chargeable with benefits, 2,694
including an employer whose account is reactivated before being 2,695
terminated under division (E) of section 4141.24 of the Revised 2,696
67
Code. In the latter event any balance in the prior account, 2,697
either a positive or negative balance as described in division 2,698
(C)(3) of this section, shall be included in the reactivated 2,699
account. The standard rate set forth in THIS division (C)(1) of 2,700
this section shall be applicable to a nonprofit organization 2,701
whose election to make payments in lieu of contributions is 2,702
voluntarily terminated or canceled by the administrator under 2,703
section 4141.241 of the Revised Code, and thereafter pays 2,704
contributions as required by this section. If such nonprofit 2,705
organization had been a contributory employer prior to its 2,706
election to make payments in lieu of contributions, then any 2,707
prior balance in the contributory account shall become part of 2,708
the reactivated account.
AS USED IN DIVISION (A) OF THIS SECTION, "THE AVERAGE 2,711
CONTRIBUTION RATE COMPUTED FOR THE CONSTRUCTION INDUSTRY" MEANS
THE MOST RECENT ANNUAL AVERAGE RATE ATTRIBUTABLE TO THE 2,713
CONSTRUCTION INDUSTRY AS PRESCRIBED BY THE ADMINISTRATOR. 2,714
(2) A CONTRIBUTING EMPLOYER SUBJECT TO THIS CHAPTER SHALL 2,716
QUALIFY FOR AN EXPERIENCE RATE ONLY IF THE EMPLOYER HAD NO MORE 2,717
THAN THREE CONSECUTIVE QUARTERS WITHOUT EMPLOYMENT SUBJECT TO 2,718
THIS CHAPTER DURING THE FIRST SEVEN OF THE EIGHT COMPLETED 2,719
CALENDAR QUARTERS IMMEDIATELY PRIOR TO THE COMPUTATION DATE. 2,720
Upon MEETING the expiration of the qualifying period REQUIREMENTS 2,721
provided for in division (C)(1)(A)(2) of this section, and as of 2,722
each computation date thereafter, the administrator shall 2,723
calculate the total credits to each employer's account consisting 2,724
of the contributions other than mutualized contributions 2,725
including all contributions paid prior to the computation date 2,726
for all past periods plus: 2,727
(a) The contributions owing on the computation date that 2,729
are paid within thirty days after the computation date, and 2,730
credited to the employer's account; 2,731
(b) All voluntary contributions paid by an employer 2,733
pursuant to division (B) of section 4141.24 of the Revised Code. 2,734
68
(3) The administrator shall also SHALL determine the 2,736
benefits which are chargeable to each employer's account and 2,738
which were paid prior to the computation date with respect to 2,739
weeks of unemployment ending prior to the computation date. The 2,740
administrator shall then SHALL determine the positive or negative 2,742
balance of each employer's account by calculating the excess of 2,743
such contributions and interest over the benefits chargeable, or 2,744
the excess of such benefits over such contributions and interest. 2,745
Any resulting negative balance shall then SHALL be subject to 2,746
adjustment as provided in division (A)(2) of section 4141.24 of 2,747
the Revised Code after which the positive or negative balance 2,748
shall be expressed in terms of a percentage of the employer's 2,749
average annual payroll. If the total standing to the credit of 2,750
an employer's account exceeds the total charges, as provided in 2,751
this division, the employer has a positive balance and if such 2,752
charges exceed such credits the employer has a negative balance. 2,753
Each employer's contribution rate shall then be determined in 2,754
accordance with the following schedule: 2,755
Contribution Rate Schedule 2,756
If, as of the computation date The employer's 2,765
the contribution rate balance of contribution rate for 2,766
an employer's account as a the next succeeding 2,767
percentage of the employer's contribution period 2,768
average annual payroll is shall be 2,769
(a) A negative balance of: 2,772
20.0% or more 6.5% 2,773
19.0% but less than 20.0% 6.4% 2,774
17.0% but less than 19.0% 6.3% 2,775
15.0% but less than 17.0% 6.2% 2,776
13.0% but less than 15.0% 6.1% 2,777
11.0% but less than 13.0% 6.0% 2,778
9.0% but less than 11.0% 5.9% 2,779
5.0% but less than 9.0% 5.7% 2,780
4.0% but less than 5.0% 5.5% 2,781
69
3.0% but less than 4.0% 5.3% 2,782
2.0% but less than 3.0% 5.1% 2,783
1.0% but less than 2.0% 4.9% 2,784
more than 0.0% but less than 1.0% 4.8% 2,785
(b) A 0.0% or a positive 2,786
balance of less than 1.0% 4.7% 2,787
(c) A positive balance of: 2,788
1.0% or more, but less than 1.5% 4.6% 2,789
1.5% or more, but less than 2.0% 4.5% 2,790
2.0% or more, but less than 2.5% 4.3% 2,791
2.5% or more, but less than 3.0% 4.0% 2,792
3.0% or more, but less than 3.5% 3.8% 2,793
3.5% or more, but less than 4.0% 3.5% 2,794
4.0% or more, but less than 4.5% 3.3% 2,795
4.5% or more, but less than 5.0% 3.0% 2,796
5.0% or more, but less than 5.5% 2.8% 2,797
5.5% or more, but less than 6.0% 2.5% 2,798
6.0% or more, but less than 6.5% 2.2% 2,799
6.5% or more, but less than 7.0% 2.0% 2,800
7.0% or more, but less than 7.5% 1.8% 2,801
7.5% or more, but less than 8.0% 1.6% 2,802
8.0% or more, but less than 8.5% 1.4% 2,803
8.5% or more, but less than 9.0% 1.3% 2,804
9.0% or more, but less than 9.5% 1.1% 2,805
9.5% or more, but less than 10.0% 1.0% 2,806
10.0% or more, but less than 10.5% .9% 2,807
10.5% or more, but less than 11.0% .7% 2,808
11.0% or more, but less than 11.5% .6% 2,809
11.5% or more, but less than 12.0% .5% 2,810
12.0% or more, but less than 12.5% .4% 2,811
12.5% or more, but less than 13.0% .3% 2,812
13.0% or more, but less than 14.0% .2% 2,813
14.0% or more .1% 2,814
(d) The contribution rates shall be as specified in 2,817
70
divisions (a), (b), and (c) of the contribution rate schedule 2,818
except that notwithstanding the amendments made to division (a) 2,819
of the contribution rate schedule in this section, if, as of the 2,820
computation date: for 1991, the negative balance is 5.0% or 2,821
more, the contribution rate shall be 5.7%; for 1992, if the 2,822
negative balance is 11.0% or more, the contribution rate shall be 2,823
6.0%; and for 1993, if the negative balance is 17.0% or more, the 2,824
contribution rate shall be 6.3%. Thereafter, the contribution 2,825
rates shall be as specified in the contribution rate schedule. 2,826
(D)(B)(1) The administrator shall establish and maintain a 2,828
separate account to be known as the "mutualized account." As of 2,829
each computation date there shall be charged to this account: 2,830
(a) As provided in division (A)(2) of section 4141.24 of 2,832
the Revised Code, an amount equal to the sum of that portion of 2,833
the negative balances of employer accounts which exceeds the 2,834
applicable limitations as such balances are computed under 2,835
division (C)(A) of this section as of such date; 2,836
(b) An amount equal to the sum of the negative balances 2,838
remaining in employer accounts which have been closed during the 2,839
year immediately preceding such computation date pursuant to 2,840
division (E) of section 4141.24 of the Revised Code; 2,841
(c) An amount equal to the sum of all benefits improperly 2,843
paid preceding such computation date which are not recovered but 2,844
which are not charged to an employer's account, or which after 2,845
being charged, are credited back to an employer's account; 2,846
(d) An amount equal to the sum of any other benefits paid 2,848
preceding such computation date which, under this chapter, are 2,849
not chargeable to an employer's account; 2,850
(e) An amount equal to the sum of any refunds made during 2,852
the year immediately preceding such computation date of 2,853
erroneously collected mutualized contributions required by this 2,854
division which were previously credited to this account; 2,855
(f) An amount equal to the sum of any repayments made to 2,857
the federal government during the year immediately preceding such 2,858
71
computation date of amounts which may have been advanced by it to 2,859
the unemployment compensation fund under section 1201 of the 2,860
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 2,861
(g) Any amounts appropriated by the general assembly out 2,863
of funds paid by the federal government, under section 903 of the 2,864
"Social Security Act," to the account of this state in the 2,865
federal unemployment trust fund. 2,866
(2) As of every computation date there shall be credited 2,868
to the mutualized account provided for in this division: 2,869
(a) The proceeds of the mutualized contributions as 2,871
provided in this division; 2,872
(b) Any positive balances remaining in employer accounts 2,874
which are closed as provided in division (E) of section 4141.24 2,875
of the Revised Code; 2,876
(c) Any benefits improperly paid which are recovered but 2,878
which cannot be credited to an employer's account; 2,879
(d) All amounts which may be paid by the federal 2,881
government under section 903 of the "Social Security Act" to the 2,882
account of this state in the federal unemployment trust fund; 2,883
(e) Amounts advanced by the federal government to the 2,885
account of this state in the federal unemployment trust fund 2,886
under section 1201 of the "Social Security Act" to the extent 2,887
such advances have been repaid to or recovered by the federal 2,888
government; 2,889
(f) Interest credited to the Ohio unemployment trust fund 2,891
as deposited with the secretary of the treasury of the United 2,892
States. 2,893
(3) Annually, as of the computation date, the 2,895
administrator shall determine the total credits and charges made 2,896
to the mutualized account during the preceding twelve months and 2,897
the overall condition of the account. The administrator shall 2,898
issue an annual statement containing this information and such 2,900
other information as the administrator deems pertinent, including 2,901
a report that the sum of the balances in the mutualized account, 2,903
72
employers' accounts, and any subsidiary accounts equal the 2,904
balance in the state's unemployment trust fund maintained under 2,905
section 904 of the "Social Security Act." 2,906
(4) As used in this division: 2,908
(a) "Fund as of the computation date" means as of any 2,910
computation date, the aggregate amount of the unemployment 2,911
compensation fund, including all contributions owing on the 2,912
computation date that are paid within thirty days thereafter, all 2,913
payments in lieu of contributions that are paid within sixty days 2,914
after the computation date, all reimbursements of the federal 2,915
share of extended benefits described in section 4141.301 of the 2,916
Revised Code that are owing on the computation date, and all 2,917
interest earned by the fund and received on or before the 2,918
computation date from the federal government. 2,919
(b) "Minimum safe level" means an amount equal to two 2,921
standard deviations above the average of the adjusted annual 2,922
average unemployment compensation benefit payment from 1970 to 2,923
the most recent calendar year prior to the computation date, as 2,924
determined by the administrator pursuant to division (D)(B)(4)(b) 2,926
of this section. To determine the adjusted annual payment of 2,927
unemployment compensation benefits, the administrator first shall 2,928
multiply the number of weeks compensated during each calendar 2,929
year beginning with 1970 by the most recent annual average weekly 2,930
unemployment compensation benefit payment and then compute the 2,931
average and standard deviation of the resultant products. 2,932
(c) "Annual average weekly unemployment compensation 2,934
benefit payment" means the amount resulting from dividing the 2,935
unemployment compensation benefits paid from the benefit account 2,936
maintained within the unemployment compensation fund pursuant to 2,937
section 4141.09 of the Revised Code, by the number of weeks 2,938
compensated during the same time period. 2,939
(5) If, as of any computation date, the charges to the 2,941
mutualized account during the entire period subsequent to the 2,942
computation date, July 1, 1966, made in accordance with division 2,943
73
(D)(B)(1) of this section, exceed the credits to such account 2,944
including mutualized contributions during such period, made in 2,945
accordance with division (D)(B)(2) of this section, the amount of 2,947
such excess charges shall be recovered during the next 2,948
contribution period. To recover such amount, the administrator 2,949
shall compute the percentage ratio of such excess charges to the 2,950
average annual payroll of all employers eligible for an 2,951
experience rate under division (C)(A) of this section. The 2,952
percentage so determined shall be computed to the nearest tenth 2,953
of one per cent and shall be an additional contribution rate to 2,954
be applied to the wages paid by each employer whose rate is 2,955
computed under the provisions of division (C)(A) of this section 2,957
in the contribution period next following such computation date, 2,958
but such percentage shall not exceed five-tenths of one per cent; 2,959
however, when there are any excess charges in the mutualized 2,960
account, as computed in this division, then the mutualized 2,961
contribution rate shall not be less than one-tenth of one per 2,962
cent. 2,963
(6) If the fund as of the computation date is above or 2,965
below minimum safe level, the contribution rates provided for in 2,966
each classification in division (C)(A)(3) of this section for the 2,968
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 2,970
safe level, the contribution rates provided in division (C)(A)(3) 2,972
of this section shall be decreased two-tenths of one per cent. 2,973
(b) If the fund is more than fifteen per cent but less 2,975
than thirty per cent above minimum safe level, the contribution 2,976
rates provided in division (C)(A)(3) of this section shall be 2,977
decreased one-tenth of one per cent. 2,978
(c) If the fund is more than fifteen per cent but less 2,980
than thirty per cent below minimum safe level, the contribution 2,981
rates of all employers shall be increased twenty-five 2,982
one-thousandths of one per cent plus a per cent increase 2,983
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,985
74
section.
(d) If the fund is more than thirty per cent but less than 2,987
forty-five per cent below minimum safe level, the contribution 2,988
rates of all employers shall be increased seventy-five 2,989
one-thousandths of one per cent plus a per cent increase 2,990
calculated and rounded pursuant to division (D)(B)(6)(g) of this 2,992
section.
(e) If the fund is more than forty-five per cent but less 2,994
than sixty per cent below minimum safe level, the contribution 2,995
rates of all employers shall be increased one-eighth of one per 2,996
cent plus a per cent increase calculated and rounded pursuant to 2,997
division (D)(B)(6)(g) of this section. 2,998
(f) If the fund is sixty per cent or more below minimum 3,000
safe level, the contribution rates of all employers shall be 3,001
increased two-tenths of one per cent plus a per cent increase 3,002
calculated and rounded pursuant to division (D)(B)(6)(g) of this 3,004
section.
(g) The additional per cent increase in contribution rates 3,006
required by divisions (D)(B)(6)(c), (d), (e), and (f) of this 3,007
section that is payable by each individual employer shall be 3,008
calculated in the following manner. The flat rate increase 3,009
required by a particular division shall be multiplied by three 3,010
and the product divided by the average experienced-rated 3,011
contribution rate for all employers as determined by the 3,012
administrator for the most recent calendar year. The resulting 3,013
quotient shall be multiplied by an individual employer's 3,014
contribution rate determined pursuant to division (C)(A)(3) of 3,015
this section. The resulting product shall be rounded to the 3,017
nearest tenth of one per cent, added to the flat rate increase 3,018
required by division (D)(B)(6)(c), (d), (e), or (f) of this 3,019
section, as appropriate, and the total shall be rounded to the 3,020
nearest tenth of one per cent. As used in division (D)(B)(6)(g) 3,021
of this section, the "average experienced-rated contribution 3,023
rate" means the most recent annual average contribution rate 3,024
75
reported by the bureau contained in report RS 203.2 less the 3,025
mutualized and minimum safe level contribution rates included in 3,026
such rate.
(h) If any of the increased contribution rates of division 3,028
(D)(B)(6)(c), (d), (e), or (f) of this section are imposed, the 3,030
rate shall remain in effect for the calendar year in which it is 3,031
imposed and for each calendar year thereafter until the 3,032
administrator determines as of the computation date for calendar 3,033
year 1991 and as of the computation date for any calendar year 3,034
thereafter pursuant to this section, that the level of the 3,035
unemployment compensation fund equals or exceeds the minimum safe 3,036
level as defined in division (D)(B)(4)(b) of this section. 3,037
Nothing in division (D)(B)(6)(h) of this section shall be 3,039
construed as restricting the imposition of the increased 3,040
contribution rates provided in divisions (D)(B)(6)(c), (d), (e), 3,041
and (f) of this section if the fund falls below the percentage of 3,042
the minimum safe level as specified in those divisions. 3,043
(7) The additional contributions required by division 3,046
(D)(B)(5) of this section shall be credited to the mutualized
account. The additional contributions required by division 3,048
(D)(B)(6) of this section shall be credited fifty per cent to
individual employer accounts and fifty per cent to the mutualized 3,049
account. 3,050
(E)(C) If an employer makes a payment of contributions 3,052
which is less than the full amount required by divisions (C)(A) 3,053
and (D)(B) of this section, such partial payment shall be applied 3,055
first against the mutualized contributions required under 3,056
division (D)(B) of this section, including the additional 3,058
contributions required under division (D)(B)(6) of this section. 3,059
Any remaining partial payment shall be credited to the employer's 3,061
individual account.
(F)(D) Whenever there are any increases in contributions 3,063
resulting from an increase in wages subject to contributions as 3,064
defined in division (G) of section 4141.01 of the Revised Code, 3,065
76
or from an increase in the mutualized rate of contributions 3,066
provided in division (D)(B) of this section, or from a revision 3,068
of the contribution rate schedule provided in division (C)(A) of 3,069
this section, except for that portion of the increase 3,071
attributable to a change in the positive or negative balance in 3,072
an employer's account, which increases become effective after a 3,073
contract for the construction of real property, as defined in 3,074
section 5701.02 of the Revised Code, has been entered into, the 3,075
contractee upon written notice by a prime contractor shall 3,076
reimburse the contractor for all increased contributions paid by 3,077
the prime contractor or by subcontractors upon wages for services 3,078
performed under the contract. Upon reimbursement by the 3,079
contractee to the prime contractor, the prime contractor shall 3,080
reimburse each subcontractor for the increased contributions. 3,081
(G)(E) Effective only for the contribution period 3,083
beginning on January 1, 1996, and ending on December 31, 1996, 3,084
mutualized contributions collected or received by the 3,085
administrator pursuant to division (D)(B)(5) of this section and 3,087
amounts credited to the mutualized account pursuant to division
(D)(B)(7) of this section shall be deposited into or credited to 3,089
the unemployment compensation benefit reserve fund that is 3,090
created under division (H)(F) of this section, except that 3,091
amounts collected, received, or credited in excess of two hundred 3,093
million dollars shall be deposited into or credited to the 3,094
unemployment trust fund established pursuant to section 4141.09 3,096
of the Revised Code.
(H)(F) The state unemployment compensation benefit reserve 3,099
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. 3,100
The fund shall consist of all moneys collected or received as 3,102
mutualized contributions pursuant to division (D)(B)(5) of this 3,103
section and amounts credited to the mutualized account pursuant 3,104
to division (D)(B)(7) of this section as provided by division 3,106
(G)(E) of this section. All moneys in the fund shall be used 3,108
77
solely to pay unemployment compensation benefits in the event 3,109
that funds are no longer available for that purpose from the
unemployment trust fund established pursuant to section 4141.09 3,110
of the Revised Code. 3,111
(I)(G) The balance in the unemployment compensation 3,113
benefit reserve fund remaining at the end of the contribution 3,115
period beginning January 1, 2000, and any mutualized contribution 3,116
amounts for the contribution period beginning on January 1, 1996, 3,117
that may be received after December 31, 2000, shall be deposited 3,118
into the unemployment trust fund established pursuant to section 3,119
4141.09 of the Revised Code. Income earned on moneys in the 3,121
state unemployment compensation benefit reserve fund shall be 3,122
available for use by the administrator of the bureau of
employment services only for the purposes described in division 3,123
(K)(I) of this section, and shall not be used for any other 3,124
purpose.
(J)(H) The unemployment compensation benefit reserve fund 3,126
balance shall be added to the unemployment trust fund balance in 3,128
determining the minimum safe level tax to be imposed pursuant to 3,129
division (D)(B) of this section and shall be included in the 3,131
mutualized account balance for the purpose of determining the 3,132
mutualized contribution rate pursuant to division (D)(B)(5) of 3,133
this section.
(K)(I) All income earned on moneys in the unemployment 3,135
compensation benefit reserve fund from the investment of the fund 3,137
by the treasurer of state shall accrue to the bureau of 3,138
employment services automation administration fund, which is 3,139
hereby established in the state treasury. Moneys within the 3,140
automation administration fund shall be used to meet the costs 3,142
related to automation of the bureau and the administrative costs 3,143
related to collecting and accounting for unemployment
compensation benefit reserve fund revenue. Any funds remaining 3,144
in the automation administration fund upon completion of the 3,145
bureau's automation projects that are funded by that fund shall 3,146
78
be deposited into the unemployment trust fund established 3,147
pursuant to section 4141.09 of the Revised Code. 3,148
(L)(J) The administrator shall prepare and submit monthly 3,150
reports to the unemployment compensation advisory commission with 3,152
respect to the status of efforts to collect and account for 3,153
unemployment compensation benefit reserve fund revenue and the 3,154
costs related to collecting and accounting for that revenue. The 3,155
administrator shall obtain approval from the unemployment
compensation advisory commission for expenditure of funds from 3,157
the bureau of employment services automation administration fund. 3,158
Funds may be approved for expenditure for purposes set forth in 3,159
division (K)(I) of this section only to the extent that federal 3,161
or other funds are not available.
Sec. 4141.26. (A) As soon as practicable after the first 3,170
day of September but not later than the first day of December of 3,171
each year, the administrator of the bureau of employment services 3,172
shall notify each employer of the employer's contribution rate as 3,174
determined for the next ensuing contribution period pursuant to
section 4141.25 of the Revised Code provided the employer has 3,175
furnished the bureau of employment services, by the first day of 3,176
September following the computation date, with the wage 3,177
information for all past periods necessary for the computation of 3,178
the contribution rate. 3,179
(B)(1) In the case of contribution rates applicable to 3,181
contribution periods beginning on or before December 31, 1992, if 3,182
the employer has not furnished the necessary wage information, 3,183
the employer's contribution rate for such contribution period 3,185
shall be the maximum rate provided in such section, except that, 3,186
if the employer files the necessary wage information by the end 3,187
of the thirtieth day following the issuance of the maximum rate 3,188
notice, the employer's rate then shall be computed as provided in 3,189
section 4141.25 of the Revised Code. 3,190
(2) In the case of contribution rates applicable to 3,192
contribution periods beginning on or after January 1, 1993, and 3,193
79
before January 1, 1995, if the employer has not furnished the 3,194
necessary wage information, the employer's contribution rate for 3,196
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 3,197
assigned at the maximum rate provided in that section, with the 3,198
following exceptions: 3,199
(a) If the employer files the necessary wage information 3,201
by December thirty-first of the year immediately preceding the 3,202
contribution period for which the rate is to be effective, the 3,203
employer's rate then shall be computed as provided in division 3,204
(C)(A) of section 4141.25 of the Revised Code. 3,205
(b) The administrator may waive the maximum contribution 3,207
rate assigned pursuant to division (B)(2) of this section if the 3,208
employer meets all of the following conditions within thirty days 3,209
after the administrator mails the notice of the maximum 3,210
contribution rate assigned pursuant to division (B)(2) of this 3,211
section: 3,212
(i) Provides to the administrator a written request for 3,214
waiver of the maximum contribution rate, clearly demonstrating 3,215
that failure to timely furnish the wage information as required 3,216
by division (A) of this section was a result of circumstances 3,217
beyond the control of the employer or the employer's agent, 3,218
except that negligence on the part of the employer shall not be 3,219
considered beyond the control of the employer or the employer's 3,220
agent;
(ii) Furnishes to the administrator all of the wage 3,222
information as required by division (A) of this section and all 3,223
quarterly reports due pursuant to section 4141.20 of the Revised 3,224
Code; 3,225
(iii) Pays in full all contributions, payments in lieu of 3,227
contributions, interest, forfeiture, and fines for each quarter 3,228
for which such payments are due. 3,229
(3) In the case of contribution rates applicable to 3,231
contribution periods beginning on or after January 1, 1995, if 3,232
80
the employer has not timely furnished the necessary wage 3,233
information as required by division (A) of this section, the 3,234
employer's contribution rate for such contribution period shall 3,235
not be computed as provided in section 4141.25 of the Revised 3,236
Code, but instead shall be assigned a contribution rate equal to 3,237
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 3,238
(a) If the employer files the necessary wage information 3,240
by the thirty-first day of December of the year immediately 3,241
preceding the contribution period for which the rate is to be 3,242
effective, the employer's rate shall be computed as provided in 3,243
division (C)(A) of section 4141.25 of the Revised Code; 3,244
(b) The administrator may waive the contribution rate 3,246
assigned pursuant to division (B)(3) of this section if the 3,247
employer meets all of the following conditions within thirty days 3,248
after the administrator mails to the employer the notice of the 3,249
contribution rate assigned pursuant to division (B)(3) of this 3,250
section: 3,251
(i) Provides to the administrator a written request for 3,253
waiver of the contribution rate, clearly demonstrating that the 3,254
failure to timely furnish the wage information as required by 3,255
division (A) of this section was a result of circumstances beyond 3,256
the control of the employer or the employer's agent, except that 3,258
negligence on the part of the employer shall not be considered to
be beyond the control of the employer or the employer's agent; 3,259
(ii) Furnishes to the administrator all of the wage 3,261
information as required by division (A) of this section and all 3,262
quarterly reports due pursuant to section 4141.20 of the Revised 3,263
Code; 3,264
(iii) Pays in full all contributions, payments in lieu of 3,266
contributions, interest, forfeiture, and fines for each quarter 3,267
for which such payments are due. 3,268
(c) The administrator shall revise the contribution rate 3,270
of an employer who has not timely furnished the necessary wage 3,271
81
information as required by division (A) of this section, who has 3,272
been assigned a contribution rate pursuant to division (B)(3) of 3,273
this section, and who does not meet the requirements of division 3,274
(B)(3)(a) or (b) of this section, if the employer furnishes the 3,275
necessary wage information to the administrator within thirty-six 3,276
months following the thirty-first day of December of the year 3,277
immediately preceding the contribution period for which the rate 3,278
is to be effective. The revised rate under division (B)(3)(c) of 3,279
this section shall be equal to one hundred twenty per cent of the 3,280
contribution rate that would have resulted if the employer had 3,281
timely furnished the necessary wage information under division 3,282
(A) of this section. 3,283
(4) The administrator shall deny an employer's request for 3,285
a waiver of the requirement that the employer's contribution rate 3,286
be the maximum rate under division (B)(2)(b) of this section, or 3,287
be the rate assigned under division (B)(3)(b) of this section, or 3,288
for a revision of the employer's rate as provided in division 3,290
(B)(3)(c) of this section if the administrator finds that the 3,291
employer's failure to timely file the necessary wage information
was due to an attempt to evade payment. 3,292
(5) The administrator shall round the contribution rates 3,294
the administrator determines under this division to the nearest 3,296
tenth of one per cent.
(C) If, as a result of the computation pursuant to 3,298
division (B) of this section, the employer's account shows a 3,299
negative balance in excess of the applicable limitations, in that 3,300
computation, the excess above applicable limitations shall not be 3,301
transferred from the account as provided in division (A)(2) of 3,302
section 4141.24 of the Revised Code. 3,303
(D) The rate determined pursuant to this section and 3,305
section 4141.25 of the Revised Code shall become binding upon the 3,306
employer unless: 3,307
(1) The employer makes a voluntary contribution as 3,309
provided in division (B) of section 4141.24 of the Revised Code, 3,310
82
whereupon the administrator shall issue the employer a revised 3,311
contribution rate notice if the contribution changes the 3,312
employer's rate; or
(2) Within thirty days after the mailing of notice of the 3,314
employer's rate or a revision of it to the employer's last known 3,316
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 3,317
an application with the administrator for reconsideration of the 3,318
administrator's determination of such rate setting forth reasons 3,319
for such request. The administrator shall promptly examine the 3,321
application for reconsideration and shall notify the employer of 3,322
the administrator's reconsidered decision, which shall become 3,323
final unless, within thirty days after the mailing of such notice
by certified mail, return receipt requested, the employer files 3,324
an application for review of such decision with the unemployment 3,325
compensation review commission. The commission shall promptly 3,326
examine the application for review of the administrator's 3,327
decision and shall grant such employer an opportunity for a fair 3,328
hearing. The proceeding at the hearing before the commission 3,329
shall be recorded in the means and manner prescribed by the 3,330
commission. For the purposes of this division, the review is 3,331
considered timely filed when it has been received as provided in 3,332
division (I)(2) of section 4141.28 of the Revised Code. 3,333
The employer and the administrator shall be promptly 3,335
notified of the commission's decision, which shall become final 3,336
unless, within thirty days after the mailing of notice of it to 3,337
the employer's last known address by certified mail, return 3,338
receipt requested, or, in the absence of mailing, within thirty 3,339
days after delivery of such notice, an appeal is taken by the 3,340
employer or the administrator to the court of common pleas of 3,341
Franklin county. Such appeal shall be taken by the employer or 3,342
the administrator by filing a notice of appeal with the clerk of 3,343
such court and with the commission. Such notice of appeal shall 3,345
set forth the decision appealed and the errors in it complained
83
of. Proof of the filing of such notice with the commission shall 3,346
be filed with the clerk of such court. 3,347
The commission, upon written demand filed by the appellant 3,349
and within thirty days after the filing of such demand, shall 3,350
file with the clerk a certified transcript of the record of the 3,351
proceedings before the commission pertaining to the determination 3,352
or order complained of, and the appeal shall be heard upon such 3,353
record certified to the commission. In such appeal, no 3,354
additional evidence shall be received by the court, but the court 3,355
may order additional evidence to be taken before the commission, 3,356
and the commission, after hearing such additional evidence, shall 3,357
certify such additional evidence to the court or it may modify 3,358
its determination and file such modified determination, together 3,359
with the transcript of the additional record, with the court. 3,360
After an appeal has been filed in the court, the commission, by 3,361
petition, may be made a party to such appeal. Such appeal shall 3,362
be given precedence over other civil cases. The court may affirm 3,363
the determination or order complained of in the appeal if it 3,364
finds, upon consideration of the entire record, that the 3,365
determination or order is supported by reliable, probative, and 3,366
substantial evidence and is in accordance with law. In the 3,367
absence of such a finding, it may reverse, vacate, or modify the 3,368
determination or order or make such other ruling as is supported 3,369
by reliable, probative, and substantial evidence and is in 3,370
accordance with law. The judgment of the court shall be final 3,371
and conclusive unless reversed, vacated, or modified on appeal. 3,372
An appeal may be taken from the decision of the court of common 3,373
pleas of Franklin county. 3,374
(E) The appeal provisions of division (D) of this section 3,376
apply to all other determinations and orders of the administrator 3,377
affecting the liability of an employer to pay contributions or 3,378
the amount of such contributions, determinations respecting 3,379
application for refunds of contributions, determinations 3,380
respecting applications for classification of employment as 3,381
84
seasonal under section 4141.33 of the Revised Code, and 3,382
exceptions to charges of benefits to an employer's account as 3,383
provided in division (D) of section 4141.24 of the Revised Code. 3,384
(F) The validity of any general order or rule of the 3,386
administrator adopted pursuant to this chapter or of any final 3,387
order or action of the unemployment compensation review 3,388
commission respecting any such general order or rule may be 3,389
determined by the court of common pleas of Franklin county, and 3,390
such general order, rule, or action may be sustained or set aside 3,391
by the court on an appeal to it which may be taken by any person 3,392
affected by the order, rule, or action in the manner provided by 3,393
law. Such appeal to the court of common pleas of Franklin county 3,394
shall be filed within thirty days after the date such general 3,395
order, rule, or action was publicly released by the administrator 3,396
or the commission. Either party to such action may appeal from 3,397
the court of common pleas of Franklin county as in ordinary civil 3,398
cases.
(G) Notwithstanding any determination made in pursuance of 3,400
sections 4141.23 to 4141.26 of the Revised Code, no individual 3,401
who files a claim for benefits shall be denied the right to a 3,402
fair hearing as provided in section 4141.28 of the Revised Code, 3,403
or the right to have a claim determined on the merits of it. 3,404
(H)(1) Notwithstanding division (D) of this section, if 3,406
the administrator finds that an omission or error in bureau 3,407
records or employer reporting caused the administrator to issue 3,408
an erroneous determination or order affecting contribution rates, 3,409
the liability of an employer to pay contributions or the amount 3,410
of such contributions, determinations respecting applications for 3,411
refunds of contributions, determinations respecting applications 3,412
for classification of employment as seasonal STATUS under section 3,414
4141.33 of the Revised Code, or exceptions to charges of benefits 3,415
to an employer's account as provided in division (D) of section 3,416
4141.24 of the Revised Code, the administrator may issue a 3,417
corrected determination or order correcting the erroneous 3,418
85
determination or order, except as provided in division (H)(2) of 3,419
this section. 3,420
(2) The administrator may not issue a corrected 3,422
determination or order correcting an erroneous determination or 3,423
order if both of the following apply: 3,424
(a) The erroneous determination or order was caused solely 3,426
by an omission or error of the bureau; 3,427
(b) A correction of the erroneous determination or order 3,429
would adversely affect the employer or any of the employers that 3,430
were parties in interest to the erroneous determination or order. 3,431
A corrected determination or order issued under this 3,433
division takes precedence over and renders void the erroneous 3,434
determination or order and is appealable as provided in division 3,435
(D) of this section. 3,436
Sec. 4141.28. (A) Applications for determination of 3,445
benefit rights and claims for benefits shall be filed with a 3,446
deputy of the administrator of the bureau of employment services 3,447
designated for the purpose. Such applications and claims may 3,448
also be filed with an employee of another state or federal agency 3,449
CHARGED WITH THE DUTY OF ACCEPTING APPLICATIONS AND CLAIMS FOR 3,450
UNEMPLOYMENT BENEFITS or with an employee of the unemployment 3,451
insurance commission of Canada, charged with the duty of 3,452
accepting applications and claims for unemployment benefits. 3,453
When a former employee of a state agency, board, or 3,455
commission that has terminated its operations files an 3,456
application under this division, the former employee shall give 3,457
notice that the agency, board, or commission has terminated its 3,458
operations. All notices or information required to be sent under 3,459
this chapter to or furnished by the applicant's employer shall be 3,460
sent to or furnished by the director of administrative services. 3,461
(B)(1) When an unemployed individual files an application 3,463
for determination of benefit rights, the administrator shall 3,464
furnish the individual with the information specified in division 3,466
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,467
86
giving instructions for the steps an applicant may take if the 3,468
applicant's claim for benefits is disallowed. The pamphlet shall 3,470
state the applicant's right of appeal, clearly describe the 3,471
different levels of appeal, and explain where and when each 3,472
appeal must be filed. In filing an application, the individual 3,473
shall, for the individual's most recent employment, furnish the 3,474
administrator with either:
(a) The information furnished by the employer as provided 3,476
for in division (B)(2) of this section; 3,477
(b) The name and address of the employer for whom the 3,479
individual performed services and the individual's written 3,480
statement of the reason for separation from the employer. 3,481
Where the claimant has furnished information in accordance 3,483
with division (B)(1)(b) of this section, the administrator shall 3,484
promptly send a notice in writing that such filing has been made 3,485
to the individual's most recent SEPARATING employer, which notice 3,486
shall request from the employer the reason for the individual's 3,487
unemployment. The notice shall inform such employer of the 3,489
employer's right, upon request, to be present at a fact-finding 3,491
interview conducted prior to the making of any determination 3,492
under that division. Upon receipt of any request, the claimant 3,493
and the employer making the request shall have at least three 3,494
days' prior notice of the time and place of the fact-finding 3,495
interview. In the conduct of the interview, the administrator is 3,496
not bound by rules of evidence or of procedure for the conduct of 3,497
hearings. The administrator ALSO may request from any base 3,498
period employer information necessary for the determination of 3,499
the applicant's CLAIMANT'S rights to benefits. Information as to 3,500
the reason for unemployment preceding an additional claim shall 3,502
be obtained in the same manner. Requests for such information 3,503
shall be stamped DATED by the administrator with the date on 3,504
which they are mailed. If the employer fails to mail or deliver 3,505
such information within ten working days from the date the 3,506
administrator mailed and date stamped DATED such request, and if 3,507
87
necessary to assure prompt payment of benefits when due, the 3,508
administrator shall make the determination, and shall base the 3,510
determination on such information as is available to the
administrator, which shall include the applicant's CLAIMANT'S 3,511
statement made under division (B)(1)(b) of this section. The 3,513
determination, as it relates to the claimant's determination of 3,514
benefit rights, shall be amended upon receipt of correct 3,515
remuneration information at any time within the benefit year and 3,516
any benefits paid and charged to an employer's account prior to 3,517
the receipt of such information shall be adjusted, effective as 3,518
of the beginning of the claimant's benefit year. 3,519
(2) An employer who separates within any seven-day period 3,521
fifty or more individuals because of lack of work, and these 3,522
individuals upon separation will be unemployed as defined in 3,523
division (R) of section 4141.01 of the Revised Code, shall 3,524
furnish notice to the administrator of the dates of separation 3,525
and the approximate number of individuals being separated. The 3,526
notice shall be furnished at least three working days prior to 3,527
the date of the first day of such separations. In addition, at 3,528
the time of separation the employer shall furnish to the 3,529
individual being separated or to the administrator separation 3,530
information necessary to determine the individual's eligibility, 3,531
on forms and in a manner approved by the administrator. 3,532
An employer who operates multiple business establishments 3,534
at which both the effective authority for hiring and separation 3,535
of employees and payroll information is located and who, because 3,536
of lack of work, separates a total of fifty or more individuals 3,537
at two or more business establishments is exempt from the first 3,538
paragraph of division (B)(2) of this section. This paragraph 3,539
shall not be construed to relieve an employer who operates 3,540
multiple business establishments from complying with division 3,541
(B)(2) of this section where the employer separates fifty or more 3,542
individuals at any business establishment within a seven-day 3,543
period. 3,544
88
An employer of individuals engaged in connection with the 3,546
commercial canning or commercial freezing of fruits and 3,547
vegetables is exempt from the provision of division (B)(2) of 3,548
this section that requires an employer to furnish notice of 3,549
separation at least three working days prior to the date of the 3,550
first day of such separations. 3,551
(3) Where an individual at the time of filing an 3,553
application for determination of benefit rights furnishes 3,554
separation information provided by the employer or where the 3,555
employer has provided the administrator with the information in 3,556
accordance with division (B)(2) of this section, the 3,557
administrator shall make a determination of eligibility on the 3,558
basis of the information furnished. The administrator shall 3,559
promptly notify all interested parties under division (D)(1) of 3,560
this section of the determination. 3,561
(4) Where an employer has furnished separation information 3,563
under division (B)(2) of this section which is insufficient to 3,564
enable the administrator to make a determination of a claim for 3,565
benefits of an individual, or where the individual fails at the 3,566
time of filing an application for determination of benefit rights 3,567
to produce the separation information furnished by an employer, 3,568
the administrator shall follow the provisions specified in 3,569
division (B)(1) of this section. 3,570
(C) The administrator or the administrator's deputy shall 3,572
promptly examine any application for determination of benefit 3,573
rights filed, and on the basis of any facts found by the 3,574
administrator or deputy shall determine whether or not the 3,575
application is valid, and if valid, the date on which the benefit 3,576
year shall commence and the weekly benefit amount. The claimant, 3,577
the most recent employer, and any other employer in the 3,578
claimant's base period shall promptly be notified of the 3,579
determination and the reasons therefor. In addition, the 3,580
determination issued to the claimant shall include the total 3,581
amount of benefits payable, and the determination issued to each 3,582
89
chargeable base period employer shall include the total amount of 3,583
benefits which may be charged to the employer's account. 3,584
(D)(1) The administrator or the administrator's deputy 3,586
shall examine the first claim for benefits filed in any benefit 3,587
year, and any additional claim, and on the basis of any facts 3,588
found by the administrator or deputy shall determine whether 3,589
division (D) of section 4141.29 of the Revised Code is applicable 3,590
to the claimant's most recent separation and, to the extent 3,591
necessary, prior separations from work, and whether the 3,592
separation reason is qualifying or disqualifying for the ensuing 3,593
period of unemployment. Notice of such determination shall be 3,594
mailed to the claimant, the claimant's most recent SEPARATING 3,595
employer, and any other employer involved in the determination. 3,596
(a) Whenever the administrator has reason to believe that 3,598
the unemployment of twenty-five or more individuals relates to a 3,599
labor dispute, the administrator shall, within five calendar days 3,600
after their claims are filed, SHALL schedule a hearing concerning 3,601
the reason for unemployment. Notice of the hearing shall be sent 3,602
to all interested parties, including the duly authorized 3,603
representative of the parties, as provided in division (D)(1) of 3,604
this section. The hearing date shall be scheduled so as to 3,605
provide at least ten days' prior notice of the time and date of 3,606
the hearing. A similar hearing, in such cases, may be scheduled 3,607
when there is a dispute as to the duration or ending date of the 3,608
labor dispute. 3,609
(b) The administrator shall appoint a hearing officer to 3,611
conduct the hearing of the case under division (D)(1)(a) of this 3,612
section. The hearing officer is not bound by common law or 3,613
statutory rules of evidence or by technical or formal rules of 3,614
procedure, but shall take any steps that are reasonable and 3,615
necessary to obtain the facts and determine whether the claimants 3,616
are entitled to benefits under the law. The failure of any 3,617
interested party to appear at the hearing shall not preclude a 3,618
decision based upon all the facts available to the hearing 3,619
90
officer. The proceeding at the hearing shall be recorded by 3,620
mechanical means or by other means prescribed by the 3,621
administrator. The record need not be transcribed unless an 3,622
application for appeal is filed on the decision and the 3,623
chairperson of the unemployment compensation review commission 3,625
requests a transcript of the hearing within fourteen days after 3,626
the application for appeal is received by the commission. The 3,627
administrator shall prescribe rules concerning the conduct of the 3,629
hearings and all related matters and appoint an attorney to 3,630
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,632
decisions and reasons therefor on the case within ten calendar 3,633
days after the hearing. The hearing officer's decision issued by 3,634
the administrator is final unless an application for appeal is 3,635
filed with the review commission within twenty-one days after the 3,637
decision was mailed to all interested parties. The administrator 3,638
may, within the twenty-one-day appeal period, MAY remove and 3,639
vacate the decision and issue a revised determination and appeal 3,641
date.
(d) Upon receipt of the application for appeal, the full 3,643
review commission shall review the administrator's decision and 3,645
either schedule a further hearing on the case or disallow the 3,646
application. The review commission shall review the 3,647
administrator's decision within fourteen days after receipt of 3,648
the decision or the receipt of a transcript requested under 3,649
division (D)(1)(b) of this section, whichever is later. 3,650
(i) When a further hearing is granted, the commission 3,652
shall make the administrator's decision and record of the case, 3,654
as certified by the administrator, a part of the record and shall 3,655
consider the administrator's decision and record in arriving at a 3,656
decision on the case. The commission's decision affirming, 3,658
modifying, or reversing the administrator's decision, following 3,659
the further appeal, shall be mailed to all interested parties 3,660
within fourteen days after the hearing. 3,661
91
(ii) A decision of the disallowance of a further appeal 3,663
shall be mailed to all interested parties within fourteen days 3,664
after the commission makes the decision to disallow. The 3,665
disallowance is deemed an affirmation of the administrator's 3,667
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,669
(b), (c), and (d) of this section may be extended by agreement of 3,670
all interested parties or for cause beyond the control of the 3,671
administrator or the commission. 3,672
(e) An appeal of the commission's decision issued under 3,674
division (D)(1)(d) of this section may be taken to the court of 3,675
common pleas as provided in division (O) of this section. 3,676
(f) A labor dispute decision involving fewer than 3,678
twenty-five individuals shall be determined under division (D)(1) 3,679
of this section and the review commission shall determine any 3,681
appeal from the decision pursuant to division (M) of this section 3,682
and within the time limits provided in division (D)(1)(d) of this 3,683
section. 3,684
(2) The administrator or the administrator's deputy shall 3,686
also examine each continued claim for benefits filed, and on the 3,688
basis of any facts found by the administrator or the 3,689
administrator's deputy shall determine whether such claim shall 3,690
be allowed. 3,691
(a) The determination of a first or additional claim, 3,693
including the reasons therefor, shall be mailed to the claimant, 3,694
the claimant's most recent SEPARATING employer, and any other 3,695
employer involved in the determination. 3,696
(b) When the determination of a continued claim results in 3,698
a disallowed claim, the administrator shall notify the claimant 3,699
of such disallowance and the reasons therefor. 3,700
(3) Where the claim for benefits is directly attributable 3,702
to unemployment caused by a major disaster, as declared by the 3,703
president of the United States pursuant to the "Disaster Relief 3,704
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,705
92
filing the claim would otherwise have been eligible for disaster 3,706
unemployment assistance under that act, then upon application by 3,707
the employer any benefits paid on the claim shall not be charged 3,708
to the account of the employer who would have been charged on 3,709
such claim but instead shall be charged to the mutualized account 3,710
described in section 4141.25 of the Revised Code, provided that 3,711
this division is not applicable to an employer electing 3,712
reimbursing status under section 4141.241 of the Revised Code, 3,713
except reimbursing employers for whom benefit charges are charged 3,714
to the mutualized account pursuant to division (C)(D)(2) of 3,715
section 4141.33 4141.24 of the Revised Code. 3,717
(4)(a) An individual filing a new claim for unemployment 3,719
compensation shall disclose, at the time of filing, whether or 3,720
not the individual owes child support obligations. In such a 3,721
case, the administrator shall notify the state or local child 3,722
support enforcement agency enforcing the obligation only if the 3,723
claimant has been determined to be eligible for unemployment 3,724
compensation. 3,725
(b) The administrator shall deduct and withhold from 3,727
unemployment compensation payable to an individual who owes child 3,728
support obligations: 3,729
(i) Any amount required to be deducted and withheld from 3,731
the unemployment compensation pursuant to legal process, as that 3,732
term is defined in section 459(i)(5) of the "Social Security 3,733
Act," as amended by the "Personal Responsibility and Work 3,734
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 3,735
U.S.C. 659, and properly served upon the administrator, as 3,736
described in division (D)(4)(c) of this section; or 3,737
(ii) Where division (D)(4)(b)(i) of this section is 3,739
inapplicable, in the amount determined pursuant to an agreement 3,740
submitted to the administrator under section 454(20)(19)(B)(i) of 3,742
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as
amended, by the state or local child support enforcement agency; 3,743
or
93
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,745
section is applicable, then in the amount specified by the 3,746
individual. 3,747
(c) The bureau of employment services ADMINISTRATOR shall 3,749
receive all legal process described in division (D)(4)(b)(i) of 3,751
this section from each local child support enforcement agency, 3,752
which legal process was issued by the agency under section 3,753
2301.371 of the Revised Code or otherwise was issued by the 3,754
agency. The processing of cases under part D of Title IV of the 3,755
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 3,756
amended, shall be determined pursuant to agreement between the 3,757
administrator and the state department of human services. The 3,758
department shall pay, pursuant to that agreement, all of the 3,759
costs of the bureau of employment services that are associated 3,760
with a deduction and withholding under division (D)(4)(b)(i) AND 3,761
(ii) of this section.
(d) The amount of unemployment compensation subject to 3,763
being withheld pursuant to division (D)(4)(b) of this section is 3,764
that amount which remains payable to the individual after 3,765
application of any recoupment provisions for recovery of 3,766
overpayments and after deductions which have been made under this 3,767
chapter for deductible income received by the individual. 3,768
Effective for applications to establish unemployment compensation 3,769
benefit rights filed after December 27, 1997, the amount withheld 3,770
with respect to a week of unemployment benefits shall not exceed 3,771
fifty per cent of the individual's weekly benefit amount as 3,772
determined by the administrator.
(e) Any amount deducted and withheld under division 3,774
(D)(4)(b) of this section shall be paid to the appropriate state 3,775
or local child support enforcement agency in the following 3,776
manner: 3,777
(i) The administrator shall determine the amounts that are 3,779
to be deducted and withheld on a per county basis. 3,780
(ii) For each county, the administrator shall forward to 3,782
94
the local child support enforcement agency of the county, at 3,783
intervals to be determined pursuant to the agreement referred to 3,784
in division (D)(4)(c) of this section, the amount determined for 3,785
that county under division (D)(4)(e)(i) of this section for 3,786
disbursement to the obligees or assignees of such support 3,787
obligations. 3,788
(f) Any amount deducted and withheld under division 3,790
(D)(4)(b) of this section shall for all purposes be treated as if 3,791
it were paid to the individual as unemployment compensation and 3,792
paid by the individual to the state or local child support agency 3,793
in satisfaction of the individual's child support obligations. 3,794
(g) Division (D)(4) of this section applies only if 3,796
appropriate arrangements have been made for reimbursement by the 3,797
state or local child support enforcement agency for the 3,798
administrative costs incurred by the administrator under this 3,799
section which are associated with or attributable to child 3,800
support obligations being enforced by the state or local child 3,801
support enforcement agency. 3,802
(h) As used in division (D)(4) of this section: 3,804
(i) "Child support obligations" means only obligations 3,806
which are being enforced pursuant to a plan described in section 3,807
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 3,808
as amended, which has been approved by the United States 3,809
secretary of health and human services under part D of Title IV 3,810
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,811
amended. 3,812
(ii) "State child support enforcement agency" means the 3,814
department of human services, bureau of child support, designated 3,815
as the single state agency for the administration of the program 3,816
of child support enforcement pursuant to part D of Title IV of 3,817
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 3,818
amended. 3,819
(iii) "Local child support enforcement agency" means the 3,821
child support enforcement agency designated pursuant to section 3,822
95
2301.35 of the Revised Code or any other agency of a political 3,823
subdivision of the state operating pursuant to a plan mentioned 3,824
in division (D)(4)(h)(i) of this section. 3,825
(iv) "Unemployment compensation" means any compensation 3,827
payable under this chapter including amounts payable by the 3,828
administrator pursuant to an agreement under any federal law 3,829
providing for compensation, assistance, or allowances with 3,830
respect to unemployment. 3,831
(E)(1) Any base period or subsequent employer of a 3,833
claimant who has knowledge of specific facts affecting such 3,834
claimant's right to receive benefits for any week may notify the 3,835
administrator in writing of such facts. The administrator shall 3,836
prescribe a form to be used for such eligibility notice, but 3,837
failure to use the prescribed form shall not preclude the 3,838
administrator's examination of any notice. 3,839
(2) An eligibility notice is timely filed if received by 3,841
the administrator or the administrator's deputy or postmarked 3,843
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 3,844
claimant. An employer who does not timely file an eligibility 3,846
notice shall not be an interested party with respect to the claim 3,847
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 3,849
consider the information contained in the eligibility notice, 3,850
together with other facts found by the administrator or the 3,851
administrator's deputy and, after giving notice to the notifying 3,852
employer, if the employer timely filed the eligibility notice, 3,853
and to the claimant, and other interested parties and informing 3,854
them of their right to be present at a predetermination 3,855
fact-finding interview, shall determine, unless a prior 3,856
determination on the same eligibility issue has become final, 3,857
whether such claim shall be allowed OR DISALLOWED, and shall mail 3,858
notice of such determination to the notifying employer who timely 3,860
filed the eligibility notice, to the claimant, and to other 3,861
96
interested parties. If the determination disallows benefits for 3,862
any week in question, the payment of benefits with respect to 3,863
that week shall be withheld pending further appeal, or an 3,864
overpayment order shall be issued by the administrator as 3,865
prescribed in section 4141.35 of the Revised Code, if applicable. 3,867
(F) In making determinations on applications for 3,869
determination of benefit rights and claims for benefits, the 3,870
administrator and the administrator's deputy shall follow 3,871
decisions of the unemployment compensation review commission 3,872
which have become final with respect to claimants similarly 3,873
situated.
(G)(1) Any UNTIL OCTOBER 1, 1998, ANY interested party 3,876
notified of a determination of an application for determination 3,877
of benefit rights or a claim for benefits may, within twenty-one 3,878
calendar days after the notice was mailed to the party's last 3,879
known post-office address, apply in writing for a reconsideration 3,880
of the administrator's or deputy's determination. 3,881
ON AND AFTER OCTOBER 1, 1998, ANY PARTY NOTIFIED OF A 3,884
DETERMINATION MAY APPEAL WITHIN TWENTY-ONE CALENDAR DAYS AFTER 3,885
NOTICE WAS MAILED TO THE PARTY'S LAST KNOWN POST-OFFICE ADDRESS 3,886
OR WITHIN AN EXTENDED PERIOD PURSUANT TO DIVISION (Q) OF THIS 3,888
SECTION. UPON RECEIPT OF THE APPEAL, THE ADMINISTRATOR EITHER 3,889
SHALL ISSUE A REDETERMINATION WITHIN TWENTY-ONE DAYS OF RECEIPT 3,890
OR TRANSFER THE APPEAL TO THE COMMISSION, WHICH SHALL ACQUIRE 3,891
JURISDICTION OVER THE APPEAL. IF THE ADMINISTRATOR ISSUES A 3,892
REDETERMINATION, THE REDETERMINATION SHALL VOID THE PRIOR 3,893
DETERMINATION. A REDETERMINATION UNDER THIS SECTION IS
APPEALABLE TO THE SAME EXTENT THAT A DETERMINATION IS APPEALABLE. 3,895
(2) Unless an application for reconsideration is filed 3,897
within the twenty-one-day period, or within an extended period 3,898
pursuant to division (R) of this section, such determination of 3,899
the administrator or deputy is final, except that upon discovery, 3,900
within the benefit year, of IF THE ADMINISTRATOR FINDS WITHIN THE 3,901
BENEFIT YEAR THAT THE DETERMINATION WAS ERRONEOUS DUE TO an error 3,902
97
in an employer's report other than a report to correct 3,904
remuneration information as provided in division (B) of this 3,905
section or any typographical or clerical error in the 3,906
administrator's determination or a decision on reconsideration, 3,907
the administrator or the administrator's deputy shall issue a 3,908
corrected determination or decision to all interested parties, 3,909
which determination or decision shall take precedence over and 3,910
void the prior determination or decision of the administrator or 3,911
the administrator's deputy, provided no appeal has been filed 3,913
with the commission. If a request for reconsideration is filed 3,915
within the twenty-one-day period, the administrator shall
promptly consider such request and, after giving notice to the 3,916
interested parties and informing them of their right to be 3,917
present at a predetermination fact-finding interview, conducted 3,918
as described in division (B) of this section, shall issue the 3,919
decision to the interested parties; except that, if in the 3,920
administrator's judgment the issues are such as to require a 3,921
hearing, the administrator may refer any request for 3,922
reconsideration to the commission as an appeal. 3,923
(3) If benefits are allowed by the administrator in the 3,925
initial A determination or the decision on reconsideration, or in 3,926
a decision by a referee HEARING OFFICER, the review commission, 3,927
or a court, the benefits shall be paid promptly, notwithstanding 3,928
any further appeal, provided that if benefits are denied upon 3,929
reconsideration or ON appeal, of which the parties have notice 3,930
and an opportunity to be heard, the payment of benefits shall be 3,932
withheld pending a decision on any further appeal. 3,933
(4) Any benefits paid to a claimant under this section 3,935
prior to a final determination of the claimant's right to the 3,936
benefits shall be charged to the employer's account as provided 3,938
in division (D) of section 4141.24 of the Revised Code, provided 3,939
that if there is no final determination of the claim by the 3,940
subsequent thirtieth day of June, the employer's account will be 3,941
credited with the total amount of benefits which has been paid 3,942
98
prior to that date, based on the determination which has not 3,943
become final. The total amount credited to the employer's 3,944
account shall be charged to a suspense account which shall be 3,945
maintained as a separate bookkeeping account and administered as 3,946
a part of section 4141.24 of the Revised Code, and shall not be 3,947
used in determining the account balance of the employer for the 3,948
purpose of computing the employer's contribution rate under 3,949
section 4141.25 of the Revised Code. If it is finally determined 3,950
that the claimant is entitled to all or a part of the benefits in 3,951
dispute, the suspense account shall be credited and the 3,952
appropriate employer's account charged with the benefits. If it 3,953
is finally determined that the claimant is not entitled to all or 3,954
any portion of the benefits in dispute, the benefits shall be 3,955
credited to the suspense account and a corresponding charge made 3,956
to the mutualized account established in division (D)(B) of 3,957
section 4141.25 of the Revised Code, provided that, except as 3,959
otherwise provided in this division, if benefits are chargeable 3,960
to an employer or group of employers who is required or elects to 3,961
make payments to the fund in lieu of contributions under section 3,962
4141.241 of the Revised Code, the benefits shall be charged to 3,963
the employer's account in the manner provided in division (D) of 3,964
section 4141.24 and division (B) of section 4141.241 of the 3,965
Revised Code, and no part of the benefits may be charged to the 3,966
suspense account provided in this division. To the extent that 3,967
benefits which have been paid to a claimant and charged to the 3,968
employer's account are found not to be due the claimant and are 3,969
recovered by the administrator as provided in section 4141.35 of 3,970
the Revised Code, they shall be credited to the employer's 3,971
account.
(H) Any UNTIL OCTOBER 1, 1998, ANY interested party may 3,974
appeal the administrator's decision on reconsideration to the 3,975
commission and unless an appeal is filed from such decision on 3,977
reconsideration with the commission within twenty-one calendar 3,979
days after such decision was mailed to the last known post-office 3,980
99
address of the appellant, or within an extended period pursuant 3,981
to division (R)(Q) of this section, such decision on 3,982
reconsideration is final and benefits shall be paid or denied in 3,983
accordance therewith. THE DATE OF THE MAILING PROVIDED BY THE
ADMINISTRATOR ON DETERMINATION OR DECISION ON RECONSIDERATION IS 3,985
SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE THAT THE DETERMINATION 3,986
OR DECISION ON RECONSIDERATION WAS MAILED ON THAT DATE. 3,987
ON AND AFTER OCTOBER 1, 1998, THE DATE OF THE MAILING 3,990
PROVIDED BY THE ADMINISTRATOR ON THE DETERMINATION OR 3,991
REDETERMINATION IS SUFFICIENT EVIDENCE UPON WHICH TO CONCLUDE 3,992
THAT THE DETERMINATION OR REDETERMINATION WAS MAILED ON THAT
DATE. 3,993
(I) Requests for reconsideration, appeals, or applications 3,995
for further appeals APPEALS may be filed with the ADMINISTRATOR, 3,997
commission, with the administrator or one of the administrator's 3,998
deputies, with an employee of another state or federal agency 4,000
CHARGED WITH THE DUTY OF ACCEPTING CLAIMS, or with an employee of 4,001
the unemployment insurance commission of Canada charged with the 4,002
duty of accepting claims. 4,003
(1) Any timely written notice stating that the interested 4,005
party desires a review of the previous determination or decision 4,006
and the reasons therefor, TO APPEAL shall be accepted. 4,007
(2) The administrator, commission, or authorized agent 4,009
must receive the request, appeal, or application within the 4,010
specified appeal period in order for the request, appeal, or 4,011
application to be deemed timely filed, except that: 4,012
(a) If the United States postal service is used as the 4,014
means of delivery, the enclosing envelope must have a postmark 4,015
date, as governed by United States postal regulations, that is on 4,016
or before the last day of the specified appeal period; and 4,017
(b) Where the postmark date is illegible or missing, the 4,019
request, appeal, or application is timely filed if received no 4,020
later than the end of the third calendar day following the last 4,021
day of the specified appeal period. 4,022
100
(3) THE ADMINISTRATOR MAY ADOPT RULES PERTAINING TO 4,024
ALTERNATE METHODS OF FILING APPEALS. 4,025
(J) When an appeal from a decision on reconsideration 4,027
DETERMINATION of the administrator or deputy is taken TO THE 4,029
COMMISSION AT THE HEARING OFFICER LEVEL, all interested parties 4,031
shall be notified and the commission or a referee shall, after 4,033
affording such parties reasonable opportunity for a fair hearing, 4,034
SHALL affirm, modify, or reverse the findings of fact and the 4,035
decision DETERMINATION of the administrator or deputy in the 4,037
manner which THAT appears just and proper. HOWEVER, THE 4,038
COMMISSION MAY REFER A CASE TO THE ADMINISTRATOR FOR A 4,039
REDETERMINATION IF THE COMMISSION DECIDES THAT THE CASE DOES NOT 4,040
REQUIRE A HEARING. In the conduct of such A hearing BY A HEARING 4,041
OFFICER or any other hearing on appeal to the commission which is 4,043
provided in this section, the commission and the referees HEARING 4,045
OFFICERS are not bound by common law or statutory rules of 4,048
evidence or by technical or formal rules of procedure. The
commission and the referees HEARING OFFICERS shall take any steps 4,050
in the hearings, consistent with the impartial discharge of their 4,052
duties, which appear reasonable and necessary to ascertain the 4,053
facts and determine whether the claimant is entitled to benefits 4,054
under the law. For the purpose of any hearing on appeal which is 4,055
provided in this section, the file of the administrator 4,056
pertaining to the case shall be certified by the administrator 4,057
and shall automatically become a part of the record in the appeal 4,058
hearing. All information in the file which pertains to the claim, 4,059
including statements made to the administrator or the 4,060
administrator's deputy by the individual claiming benefits or 4,062
other interested parties, shall be considered by the commission 4,063
and the referees in arriving at a decision, together with any 4,065
other information which is produced at the hearing. The 4,066
commission and referees HEARINGS SHALL BE DE NOVO, EXCEPT THAT 4,067
THE ADMINISTRATOR'S FILE PERTAINING TO A CASE SHALL BE INCLUDED 4,068
IN THE RECORD TO BE CONSIDERED. 4,069
101
THE HEARING OFFICERS may conduct any such hearing in person 4,073
or by telephone. The commission shall adopt rules which 4,075
designate the circumstances under which the commission or 4,076
referees HEARING OFFICERS may conduct a hearing by telephone, 4,077
grant a party to the hearing the opportunity to object to a 4,079
hearing by telephone, and govern the conduct of hearings by 4,080
telephone. An interested party whose hearing would be by 4,081
telephone pursuant to the commission rules may elect to have an 4,083
in-person hearing, provided that the party electing the in-person 4,084
hearing agrees to have the hearing at the time and place the 4,085
commission determines pursuant to rule.
(1) The failure of the claimant or other interested party 4,087
to appear at a hearing, unless the claimant or interested party 4,088
is the appealing party, shall not preclude a decision in the 4,090
claimant's or interested party's favor, if on the basis of all 4,091
the information in the record, including that contained in the 4,092
file of the administrator, the claimant or interested party is 4,093
entitled to the decision. 4,094
(2) If the party appealing fails to appear at the hearing, 4,096
the referee or the commission HEARING OFFICER shall dismiss the 4,097
appeal, provided that the referee HEARING OFFICER or commission 4,100
shall vacate the dismissal upon a showing that due notice of the 4,103
hearing was not mailed to such party's last known address or good 4,104
cause for the failure to appear is shown to the referee or the 4,105
commission within fourteen days after the hearing date. No 4,108
further appeal from the decision may thereafter be instituted by 4,109
such party. If the other party fails to appear at the hearing, 4,110
the referee or the commission HEARING OFFICER shall proceed with 4,112
the hearing and shall issue a decision without further hearing, 4,113
provided that the referee or BASED ON THE EVIDENCE OF RECORD, 4,114
INCLUDING THE ADMINISTRATOR'S FILE. THE commission shall vacate 4,115
the decision upon a showing that due notice of the hearing was 4,117
not mailed to such party's last known address or good cause for 4,118
such party's failure to appear is shown to the referee or the 4,119
102
commission within fourteen days after the hearing date. 4,121
(3) Where a party requests that a hearing be scheduled in 4,123
the evening because the party is employed during the day, the 4,124
commission or referee shall schedule the hearing during such 4,127
hours as the party is not employed. 4,128
(4) THE INTERESTED PARTIES MAY WAIVE, IN WRITING, THE 4,131
HEARING. IF THE PARTIES WAIVE THE HEARING, THE HEARING OFFICER 4,132
SHALL ISSUE A DECISION BASED ON THE EVIDENCE OF RECORD, INCLUDING 4,133
THE ADMINISTRATOR'S FILE. 4,134
(K) The proceedings at the hearing before the referee, or 4,136
the commission HEARING OFFICER, shall be recorded by mechanical 4,137
means or otherwise as may be prescribed by the commission. 4,140
Unless the claim is further appealed, such IN THE ABSENCE OF 4,142
FURTHER PROCEEDINGS, THE record of proceedings THAT IS MADE need 4,143
not be transcribed.
(L) All interested parties shall be notified of the 4,145
referee's HEARING OFFICER'S decision, which shall include the 4,146
reasons therefor. The referee's HEARING OFFICER'S decision shall 4,148
become final unless, within twenty-one days after the decision 4,149
was mailed to the last known post-office address of such parties, 4,150
or within an extended period pursuant to division (R)(Q) of this 4,151
section, the commission on its own motion removes or transfers 4,153
such claim to itself or an application to institute a further 4,154
appeal before the commission THE REVIEW LEVEL, OR UPON A REQUEST 4,156
FOR REVIEW THAT is filed by any AN interested party and such 4,157
appeal is allowed by the commission. 4,159
(M) When any claim is removed or transferred to the 4,161
commission on its own motion, or when an application to institute 4,163
a further appeal is allowed by the commission, the commission 4,165
shall review the decision of the referee and shall either affirm, 4,166
modify, or reverse such decision. Before rendering its decision, 4,167
the commission may remand the case to the referee for further 4,169
proceedings. When the commission disallows an application to 4,170
institute a further appeal, or renders its decision affirming, 4,172
103
modifying, or reversing the decision of the referee, all 4,173
interested parties shall be notified of such decision or order by 4,174
mail addressed to the last known post-office address of such 4,175
parties. A disallowance by the commission of an application for 4,177
further appeal shall be deemed an affirmation by the commission 4,178
of the referee's decision under appeal IN THE CONDUCT OF A 4,179
HEARING BY THE COMMISSION OR A HEARING OFFICER AT THE REVIEW 4,180
LEVEL, THE COMMISSION AND THE HEARING OFFICERS ARE NOT BOUND BY 4,182
COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR 4,183
FORMAL RULES OF PROCEDURE. THE COMMISSION AND THE HEARING
OFFICERS SHALL TAKE ANY STEPS IN THE HEARINGS, CONSISTENT WITH 4,184
THE IMPARTIAL DISCHARGE OF THEIR DUTIES, THAT APPEAR REASONABLE 4,185
AND NECESSARY TO ASCERTAIN THE FACTS AND DETERMINE WHETHER THE 4,186
CLAIMANT IS ENTITLED TO BENEFITS UNDER THE LAW. 4,187
(1) THE REVIEW COMMISSION, OR A HEARING OFFICER DESIGNATED 4,190
BY THE COMMISSION, SHALL CONSIDER AN APPEAL AT THE REVIEW LEVEL 4,191
UNDER THE FOLLOWING CIRCUMSTANCES:
(a) WHEN AN APPEAL IS REQUIRED TO BE HEARD INITIALLY BY 4,194
THE COMMISSION PURSUANT TO THIS CHAPTER; 4,195
(b) WHEN THE COMMISSION ON ITS OWN MOTION REMOVES AN 4,198
APPEAL WITHIN TWENTY-ONE DAYS AFTER A HEARING OFFICER ISSUES THE 4,199
HEARING OFFICER'S DECISION IN THE CASE; 4,200
(c) WHEN A HEARING OFFICER REFERS AN APPEAL TO THE 4,203
COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE HEARING OFFICER 4,204
ISSUES THE HEARING OFFICER'S DECISION IN THE CASE; 4,205
(d) WHEN AN INTERESTED PARTY FILES A REQUEST FOR REVIEW 4,208
WITH THE COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE DATE A 4,209
HEARING OFFICER ISSUES THE HEARING OFFICER'S DECISION IN THE 4,210
CASE. THE COMMISSION SHALL DISALLOW THE REQUEST FOR REVIEW IF IT 4,211
IS NOT TIMELY FILED.
THE COMMISSION MAY REMOVE, AND A HEARING OFFICER MAY REFER, 4,214
APPEALS INVOLVING DECISIONS OF POTENTIALLY PRECEDENTIAL VALUE. 4,215
(2) IF A REQUEST FOR REVIEW IS TIMELY FILED, THE 4,217
COMMISSION SHALL DECIDE WHETHER TO ALLOW OR DISALLOW THE REQUEST 4,219
104
FOR REVIEW.
IF THE REQUEST FOR REVIEW IS DISALLOWED, THE COMMISSION 4,221
SHALL NOTIFY ALL INTERESTED PARTIES OF THAT FACT. THE 4,222
DISALLOWANCE OF A REQUEST FOR REVIEW CONSTITUTES A FINAL DECISION 4,224
BY THE COMMISSION FOR PURPOSES OF APPEAL TO COURT. IF THE 4,225
REQUEST FOR REVIEW IS ALLOWED, THE COMMISSION SHALL NOTIFY ALL 4,226
INTERESTED PARTIES OF THAT FACT, AND THE COMMISSION SHALL PROVIDE 4,227
A REASONABLE PERIOD OF TIME, AS THE COMMISSION DEFINES BY RULE, 4,228
IN WHICH INTERESTED PARTIES MAY FILE A RESPONSE. AFTER THAT
PERIOD OF TIME, THE COMMISSION, BASED ON THE RECORD BEFORE IT, 4,229
SHALL DO ONE OF THE FOLLOWING AT THE REVIEW LEVEL: 4,230
(a) AFFIRM THE DECISION OF THE HEARING OFFICER; 4,233
(b) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,236
OFFICER;
(c) ORDER THAT THE CASE BE HEARD OR REHEARD BY A HEARING 4,239
OFFICER AS A POTENTIAL PRECEDENTIAL DECISION; 4,240
(d) ORDER THAT THE DECISION BE REWRITTEN. 4,243
(3) THE COMMISSION SHALL SEND NOTICE TO ALL INTERESTED 4,245
PARTIES WHEN IT ORDERS A CASE TO BE HEARD OR REHEARD. THE NOTICE 4,247
SHALL INCLUDE THE REASONS FOR THE HEARING OR REHEARING. IF THE 4,248
COMMISSION IDENTIFIES AN APPEAL AS A POTENTIALLY PRECEDENTIAL 4,249
CASE, THE COMMISSION SHALL NOTIFY THE ADMINISTRATOR AND OTHER 4,250
INTERESTED PARTIES OF THE SPECIAL NATURE OF THE HEARING. 4,251
(N) Whenever the administrator and the chairperson of the 4,253
review commission determine in writing and certify jointly that a 4,255
controversy exists with respect to the proper application of this 4,256
chapter to more than five hundred claimants similarly situated 4,257
whose claims are pending before the administrator or the review 4,259
commission or both on reconsideration REDETERMINATION or appeal 4,260
applied for or filed by three or more employers or by such 4,262
claimants, the chairperson of the review commission shall select 4,264
one such claim which is representative of all such claims and 4,266
assign it for a fair hearing and decision. Any other claimant or 4,267
employer in the group who makes a timely request to participate 4,268
105
in the hearing and decision shall be given a reasonable 4,269
opportunity to participate as a party to the proceeding. 4,270
Such joint certification by the administrator and the 4,272
chairperson of the commission shall constitute a stay of further 4,274
proceedings in the claims of all claimants similarly situated 4,275
until the issue or issues in controversy are adjudicated by the 4,276
supreme court of Ohio. At the time the decision of the 4,277
commission is issued, the chairperson shall certify the 4,279
commission's decision directly to the supreme court of Ohio and 4,282
the chairperson shall file with the clerk of the supreme court a 4,284
certified copy of the transcript of the proceedings before the 4,285
commission pertaining to such decision. Hearings on such issues 4,287
shall take precedence over all other civil cases. If upon 4,288
hearing and consideration of such record the court decides that 4,289
the decision of the commission is unlawful, the court shall 4,291
reverse and vacate the decision or modify it and enter final 4,292
judgment in accordance with such modification; otherwise such 4,293
court shall affirm such decision. The notice of the decision of 4,294
the commission to the interested parties shall contain a 4,296
certification by the chairperson of the commission that the 4,297
decision is of great public interest and that a certified 4,299
transcript of the record of the proceedings before the commission 4,300
has been filed with the clerk of the supreme court as an appeal 4,302
to the court. Promptly upon the final judgment of the court, the 4,303
administrator and the commission shall decide those claims 4,304
pending before them where the facts are similar and shall notify 4,306
all interested parties of such decision and the reason therefor 4,307
in the manner provided for in this section. Nothing in this 4,308
division shall be construed so as to deny the right of any such 4,309
claimant, whose claim is pending before the administrator on 4,310
reconsideration REDETERMINATION or before the commission, to 4,313
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 4,315
facts in the claim selected as the representative claim as
106
provided in this division, nor shall any such claimant be denied 4,316
the right to appeal the decision of the administrator or the 4,317
commission which is made as a result of the decision of the court 4,319
in the representative case.
(O)(1) Any interested party as defined in division (I) of 4,321
section 4141.01 of the Revised Code, within thirty days after 4,322
notice of the decision of the commission was mailed to the last 4,324
known post-office address of all interested parties, may appeal 4,325
from the decision of the commission to the court of common pleas 4,327
of the county where the appellant, if an employee, is resident or 4,328
was last employed or of the county where the appellant, if an 4,329
employer, is resident or has the principal place of business in 4,330
this state. The commission shall provide on its decision the 4,332
names and addresses of all interested parties. Such appeal shall 4,333
be taken within such thirty days by the appellant by filing a 4,334
notice of appeal with the clerk of the court of common pleas. 4,335
Such filing shall be the only act required to perfect the appeal 4,336
and vest jurisdiction in the court. Failure of an appellant to 4,337
take any step other than timely filing of a notice of appeal does 4,338
not affect the validity of the appeal, but is grounds only for 4,339
such action as the court deems appropriate, which may include 4,340
dismissal of the appeal. Such notice of appeal shall set forth 4,341
the decision appealed from. The appellant shall mail a copy of 4,342
the notice of appeal to the commission and to all interested 4,344
parties by certified mail to their last known post-office address 4,345
and proof of the mailing of the notice shall be filed with the 4,346
clerk within thirty days of filing the notice of appeal. All 4,347
interested parties shall be made appellees. The commission upon 4,349
receipt of the notice of appeal shall within thirty days file 4,350
with the clerk a certified transcript of the record of the 4,351
proceedings before the commission pertaining to the decision 4,353
complained of, and mail a copy of the transcript to the 4,354
appellant's attorney or to the appellant, if not represented by 4,355
counsel. The appellant shall file a statement of the assignments 4,356
107
of error presented for review within sixty days of the filing of 4,357
the notice of appeal with the court. The appeal shall be heard 4,358
upon such record certified by the commission. After an appeal 4,360
has been filed in the court, the commission may, by petition, be 4,362
made a party to such appeal. If the court finds that the 4,363
decision was unlawful, unreasonable, or against the manifest 4,364
weight of the evidence, it shall reverse and vacate such decision 4,365
or it may modify such decision and enter final judgment in 4,366
accordance with such modification; otherwise such court shall 4,367
affirm such decision. Any interested party shall have the right 4,368
to appeal from the decision of the court as in civil cases. 4,369
(2) If an appeal is filed after the thirty-day appeal 4,371
period established in division (O)(1) of this section, the court 4,372
of common pleas shall conduct a hearing to determine whether the 4,373
appeal was timely filed pursuant to division (R)(Q) of this 4,374
section. At the hearing, additional evidence may be introduced 4,376
and oral arguments may be presented regarding the timeliness of 4,377
the filing of the appeal. If the court of common pleas 4,378
determines that the time for filing the appeal is extended as 4,379
provided in division (R)(Q) of this section and that the appeal 4,380
was filed within the extended time provided in that division, the 4,382
court shall thereafter make its decision on the merits of the 4,383
appeal. If the court of common pleas determines that the time 4,384
for filing the appeal may not be extended as provided in division 4,385
(R)(Q) of this section, the court shall dismiss the appeal 4,387
accordingly. The determination on timeliness by the court of 4,388
common pleas may be appealed to the court of appeals as in civil 4,389
cases, and such appeal shall be consolidated with any appeal from 4,390
the decision by the court of common pleas on the merits of the 4,391
appeal.
(P) Any application for reconsideration, any appeal from a 4,393
decision on reconsideration of the determination OR 4,394
REDETERMINATION of the administrator, application to institute a 4,396
further appeal, and any notice of intention to appeal the OR A 4,397
108
decision or order of the commission to a court of common pleas 4,399
may be executed in behalf of any party or any group of claimants 4,400
by an agent.
(Q)(1) The administrator, the administrator's deputy, the 4,402
referee, the review commission, or the court that has the 4,403
authority or jurisdiction pursuant to this section to hear an 4,405
application for reconsideration or an appeal that is timely filed 4,406
shall render a decision on the application for reconsideration or 4,407
the appeal and upon any further application for reconsideration 4,408
or appeal that is timely filed, whether or not the claimant meets 4,409
the able to work, available for suitable work, or the actively 4,410
seeking work requirements of division (A)(4)(a) of section 4,411
4141.29 of the Revised Code, if all of the following apply: 4,412
(a) The claimant's claim for benefits is allowed or denied 4,414
upon initial determination by the administrator or the 4,415
administrator's deputy or upon reconsideration, review, or appeal 4,417
by a decision of the administrator, the administrator's deputy, a 4,418
referee, the review commission, or a court. 4,419
(b) After the claim is allowed or disallowed, the claimant 4,421
is subjected to criminally injurious conduct, as defined in 4,422
section 2743.51 of the Revised Code. 4,423
(c) Pursuant to this section, any interested party timely 4,425
applies for reconsideration, or timely files an appeal, of the 4,426
determination or decision. 4,427
(d) The claimant files an application for an award of 4,429
reparations pursuant to sections 2743.51 to 2743.72 of the 4,430
Revised Code, for the loss of unemployment benefits. 4,431
(2) Any decision that is rendered pursuant to division 4,433
(Q)(1) of this section when a claimant fails to meet the able to 4,434
work, available for suitable work, or the actively seeking work 4,435
requirements of division (A)(4)(a) of section 4141.29 of the 4,436
Revised Code shall apply only for the purposes of any claim for 4,437
an award of reparations filed pursuant to sections 2743.51 to 4,438
2743.72 of the Revised Code and shall not enable a claimant who 4,439
109
does not meet the able to work, available for suitable work, or 4,440
the actively seeking work requirements of division (A)(4)(a) of 4,441
section 4141.29 of the Revised Code to obtain any benefits 4,442
pursuant to this chapter. 4,443
(R) The time for filing a request for reconsideration, an 4,445
appeal, an application to institute further appeal A REQUEST FOR 4,446
REVIEW, or a court appeal, under division (G), (H), (L), or (O) 4,448
of this section shall be extended as follows: 4,449
(1) When the last day of an appeal period is a Saturday, 4,451
Sunday, or legal holiday, the appeal period is extended to the 4,452
next work day after the Saturday, Sunday, or legal holiday; or 4,453
(2) When an interested party provides certified medical 4,455
evidence stating that the interested party's physical condition 4,456
or mental capacity prevented the interested party from filing a 4,457
request for reconsideration, an appeal, or an application to 4,458
institute further appeal REQUEST FOR REVIEW pursuant to division 4,459
(G), (H), or (L) of this section within the appropriate 4,461
twenty-one-day period, the appeal period is extended to 4,462
twenty-one days after the end of the physical or mental condition 4,463
and the request, appeal, or application REQUEST FOR REVIEW is 4,464
considered timely filed if filed within that extended period; 4,466
(3) When an interested party provides evidence, which 4,468
evidence may consist of testimony from the interested party, that 4,469
is sufficient to establish that the party did not actually 4,470
receive the determination or decision within the applicable 4,472
appeal period pursuant to division (G), (H), or (L) of this 4,473
section, and the administrator or the commission finds that the 4,474
interested party did not actually receive the determination or 4,476
decision within the applicable appeal period, then the appeal 4,477
period is extended to twenty-one days after the interested party 4,478
actually receives the determination or decision. 4,479
(4) When an interested party provides evidence, which 4,481
evidence may consist of testimony from the interested party, that 4,482
is sufficient to establish that the party did not actually 4,483
110
receive a decision within the thirty-day appeal period provided 4,484
in division (O)(1) of this section, and a court of common pleas 4,485
finds that the interested party did not actually receive the 4,486
decision within that thirty-day appeal period, then the appeal 4,487
period is extended to thirty days after the interested party 4,488
actually receives the decision. 4,489
(S)(R) No finding of fact or law, decision, or order of 4,491
the administrator, referee HEARING OFFICER, or the review 4,492
commission, or a reviewing court pursuant to this section, shall 4,495
be given collateral estoppel or res judicata effect in any 4,496
separate or subsequent judicial, administrative, or arbitration 4,497
proceeding, other than a proceeding arising under this chapter. 4,498
Sec. 4141.29. Each eligible individual shall receive 4,506
benefits as compensation for loss of remuneration due to 4,507
involuntary total or partial unemployment in the amounts and 4,508
subject to the conditions stipulated in this chapter. 4,509
(A) No individual is entitled to a waiting period or 4,511
benefits for any week unless he THE INDIVIDUAL: 4,512
(1) Has filed a valid application for determination of 4,514
benefit rights in accordance with section 4141.28 of the Revised 4,515
Code; 4,516
(2) Has made a claim for benefits in accordance with 4,518
section 4141.28 of the Revised Code; 4,519
(3) Has registered at an employment office or other 4,521
registration place maintained or designated by the administrator 4,522
of the bureau of employment services. Registration shall be made 4,523
in person or in writing in accordance with the time limits, 4,524
frequency, and manner prescribed by the administrator. 4,525
(4)(a) Is able to work and available for suitable work and 4,527
is actively seeking suitable work either in a locality in which 4,528
he THE INDIVIDUAL has earned wages subject to this chapter during 4,530
his THE INDIVIDUAL'S base period, or if he THE INDIVIDUAL leaves 4,531
such THAT locality, then in a locality where suitable work is 4,533
normally IS performed.
111
The administrator may waive the requirement that a claimant 4,535
be actively seeking work when he THE ADMINISTRATOR finds that an 4,536
individual has been laid off and the employer who laid him THE 4,538
INDIVIDUAL off has notified the administrator within ten days 4,540
after the layoff, that work is expected to be available for the 4,541
individual within a specified number of days not to exceed 4,542
forty-five calendar days following the last day the individual 4,543
worked. In the event the individual is not recalled within the 4,544
specified period, such THIS waiver shall cease to be operative 4,546
with respect to such THAT layoff.
(b) The individual shall be instructed as to the efforts 4,548
that he THE INDIVIDUAL must make in his THE search for suitable 4,550
work, except where the active search for work requirement has 4,551
been waived under division (A)(4)(a) of this section, and shall 4,552
keep a record of where and when he THE INDIVIDUAL has sought work 4,553
in complying with such THOSE instructions and shall, upon 4,555
request, SHALL produce such THAT record for examination by the 4,557
administrator.
(c) An individual who is attending a training course 4,559
approved by the administrator meets the requirement of this 4,560
division, if such attendance was recommended by the administrator 4,561
and the individual is regularly attending the course and is 4,562
making satisfactory progress. An individual also meets the 4,563
requirements of this division if he THE INDIVIDUAL is 4,564
participating and advancing in a training program, as defined in 4,566
division (P) of section 5709.61 of the Revised Code, and if an 4,567
enterprise, defined in division (B) of section 5709.61 of the 4,568
Revised Code, is paying all or part of the cost of the 4,569
individual's participation in the training program with the 4,570
intention of hiring the individual for employment as a new 4,571
employee, as defined in division (L) of section 5709.61 of the 4,572
Revised Code, for at least ninety days after the individual's 4,573
completion of the training program. 4,574
(d) An individual who becomes unemployed while attending a 4,576
112
regularly established school and whose base period qualifying 4,577
weeks were earned in whole or in part while attending such THAT 4,578
school, meets the availability and active search for work 4,579
requirements of division (A)(4)(a) of this section if he THE 4,580
INDIVIDUAL REGULARLY ATTENDS THE SCHOOL DURING WEEKS WITH RESPECT 4,581
TO WHICH THE INDIVIDUAL CLAIMS UNEMPLOYMENT BENEFITS AND makes 4,582
himself SELF available on any shift of hours for suitable 4,583
employment with his THE INDIVIDUAL'S most recent employer or any 4,585
other employer in his THE INDIVIDUAL'S base period, or for any 4,587
other suitable employment to which he THE INDIVIDUAL is directed, 4,589
under this chapter.
(e) The administrator shall adopt such ANY rules as he 4,591
THAT THE ADMINISTRATOR deems necessary for the administration of 4,593
division (A)(4) of this section. 4,594
(f) Notwithstanding any other provisions of this section, 4,596
no otherwise eligible individual shall be denied benefits for any 4,597
week because he or she THE INDIVIDUAL is in training approved 4,598
under section 236(a)(1) of the "Trade Act of 1974," 88 Stat. 4,600
1978, 19 U.S.C.A. 2296, nor shall such THAT individual be denied 4,601
benefits by reason of leaving work to enter such training, 4,603
provided the work left is not suitable employment, or because of 4,604
the application to any week in training of provisions in this 4,605
chapter, or any applicable federal unemployment compensation law, 4,606
relating to availability for work, active search for work, or 4,607
refusal to accept work.
For the purposes of division (A)(4)(f) of this section, 4,609
"suitable employment" means with respect to an individual, work 4,610
of a substantially equal or higher skill level than the 4,611
individual's past adversely affected employment, as defined for 4,612
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,613
U.S.C.A. 2101, and wages for such work at not less than eighty 4,614
per cent of the individual's average weekly wage as determined 4,615
for the purposes of that federal act. 4,616
(5) Is unable to obtain suitable work. 4,618
113
(6) Participates in reemployment services, such as job 4,620
search assistance services, if the individual has been determined 4,621
to be likely to exhaust benefits under this chapter, including 4,622
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 4,623
than extended compensation, and needs reemployment services 4,624
pursuant to the profiling system established by the administrator 4,625
under division (K) of this section, unless the administrator 4,626
determines that: 4,627
(a) The individual has completed such services; or 4,629
(b) There is justifiable cause for the claimant's failure 4,631
to participate in such services. 4,632
(B) An individual suffering total or partial unemployment 4,634
is eligible for benefits for unemployment occurring subsequent to 4,635
a waiting period of one week and no benefits shall be payable 4,636
during this required waiting period, but no more than one week of 4,637
waiting period shall be required of any such individual in any 4,638
benefit year in order to establish his THE INDIVIDUAL'S 4,639
eligibility for total or partial unemployment benefits. 4,641
(C) The waiting period for total or partial unemployment 4,643
shall commence on the first day of the first week with respect to 4,644
which the individual first files a claim for benefits at an 4,645
employment office or other place of registration maintained or 4,646
designated by the administrator or on the first day of the first 4,647
week with respect to which he THE INDIVIDUAL has otherwise filed 4,648
a claim for benefits in accordance with the rules of the bureau 4,650
of employment services, provided such claim is allowed by the 4,651
administrator or his deputy. 4,652
(D) Notwithstanding division (A) of this section, no 4,654
individual may serve a waiting period or be paid benefits under 4,655
the following conditions: 4,656
(1) For any week with respect to which the administrator 4,658
finds that: 4,659
(a) His THE INDIVIDUAL'S unemployment was due to a labor 4,661
dispute other than a lockout at any factory, establishment, or 4,663
114
other premises located in this or any other state and owned or 4,664
operated by the employer by which he THE INDIVIDUAL is or was 4,665
last employed; and for so long as his THE INDIVIDUAL'S 4,667
unemployment is due to such labor dispute. No individual shall 4,669
be disqualified under this provision if EITHER OF THE FOLLOWING
APPLIES: 4,670
(i) His THE INDIVIDUAL'S employment was with such employer 4,672
at any factory, establishment, or premises located in this state, 4,674
owned or operated by such employer, other than the factory, 4,675
establishment, or premises at which the labor dispute exists, if 4,676
it is shown that he THE INDIVIDUAL is not financing, 4,677
participating in, or directly interested in such labor dispute; 4,679
or
(ii) His THE INDIVIDUAL'S employment was with an employer 4,681
not involved in the labor dispute but whose place of business was 4,683
located within the same premises as the employer engaged in the 4,684
dispute, unless his THE INDIVIDUAL'S employer is a wholly owned 4,685
subsidiary of the employer engaged in the dispute, or unless he 4,687
THE INDIVIDUAL actively participates in or voluntarily stops work 4,689
because of such dispute. If it is established that the claimant 4,690
was laid off for an indefinite period and not recalled to work 4,691
prior to the dispute, or was separated by the employer prior to 4,692
the dispute for reasons other than the labor dispute, or that he 4,693
THE INDIVIDUAL obtained a bona fide job with another employer 4,695
while the dispute was still in progress, such labor dispute shall 4,696
not render the employee ineligible for benefits. 4,697
(b) He THE INDIVIDUAL has been given a disciplinary layoff 4,699
for misconduct in connection with his THE INDIVIDUAL'S work. 4,701
(2) For the duration of his THE INDIVIDUAL'S unemployment 4,703
if the administrator finds that: 4,705
(a) He THE INDIVIDUAL quit his work without just cause or 4,708
has been discharged for just cause in connection with his THE 4,709
INDIVIDUAL'S work, provided division (D)(2) of this section does 4,711
not apply to the separation of a person under any of the 4,712
115
following circumstances:
(i) Separation from employment for the purpose of entering 4,714
the armed forces of the United States if he THE INDIVIDUAL makes 4,715
application to enter, or is inducted into such THE armed forces 4,717
within thirty days after such separation; 4,719
(ii) Separation from employment pursuant to a 4,721
labor-management contract or agreement, or pursuant to an 4,722
established employer plan, program, or policy, which permits the 4,723
employee, because of lack of work, to accept a separation from 4,724
employment;
(iii) He THE INDIVIDUAL has left his employment to accept 4,727
a recall from a prior employer or, except as provided in division 4,728
(D)(2)(a)(iv) of this section, to accept other employment as 4,730
provided under section 4141.291 of the Revised Code, or left or 4,731
was separated from employment which THAT was concurrent 4,732
employment at the time of the most recent separation or within 4,733
six weeks prior to the most recent separation where the 4,734
remuneration, hours, or other conditions of such concurrent 4,735
employment were substantially less favorable than his THE 4,736
INDIVIDUAL'S most recent employment and where such employment, if 4,737
offered as new work, would be considered not suitable under the 4,738
provisions of divisions (E) and (F) of this section. Any 4,739
benefits which THAT would otherwise be chargeable to the account 4,740
of the employer from whom an individual has left employment or 4,741
was separated from employment that was concurrent employment 4,742
under conditions described in division (D)(2)(a)(iii) of this 4,743
section, shall instead be charged to the mutualized account 4,745
created by division (D)(B) of section 4141.25 of the Revised 4,746
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this 4,747
section shall be charged to the account of the reimbursing 4,748
employer and not to the mutualized account, unless the 4,749
reimbursing employer is a seasonal employer as determined by the 4,750
administrator pursuant to section 4141.33 of the Revised Code, 4,751
116
and the benefit charges are for weeks of unemployment that 4,752
occurred outside the seasonal employer's seasonal period EXCEPT 4,753
AS PROVIDED IN DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED 4,754
CODE.
(iv) When an individual has been issued a definite layoff 4,757
date by his THE INDIVIDUAL'S employer and before the layoff date, 4,759
the individual quits to accept other employment, the provisions
of division (D)(2)(a)(iii) of this section apply and no 4,761
disqualification shall be imposed under division (D) of this 4,763
section. However, if the individual fails to meet the employment 4,764
and earnings requirements of division (A)(2) of section 4141.291 4,765
of the Revised Code, then the individual shall, pursuant to 4,766
division (A)(5) of this section, SHALL be ineligible for benefits 4,767
for any week of unemployment that occurs prior to the layoff 4,768
date.
(b) He THE INDIVIDUAL has refused without good cause to 4,770
accept an offer of suitable work when made by an employer either 4,772
in person or to his THE INDIVIDUAL'S last known address, or has 4,773
refused or failed to investigate a referral to suitable work when 4,775
directed to do so by a local employment office of this state or 4,776
another state, provided that this division shall not cause a 4,777
disqualification for a waiting week or benefits under the 4,778
following circumstances:
(i) When work is offered by his THE INDIVIDUAL'S employer 4,780
and he THE INDIVIDUAL is not required to accept the offer 4,782
pursuant to the terms of the labor-management contract or 4,783
agreement; or
(ii) When the individual is attending a vocational 4,785
training course pursuant to division (A)(4) of this section 4,786
except, in the event of a refusal to accept an offer of suitable 4,787
work or a refusal or failure to investigate a referral, benefits 4,788
thereafter paid to such individual shall not be charged to the 4,789
account of any employer and, except as provided in division 4,790
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 4,791
117
charged to the mutualized account as provided in division (D)(B) 4,793
of section 4141.25 of the Revised Code. 4,794
(c) Such individual quit work to marry or because of 4,796
marital, parental, filial, or other domestic obligations. 4,797
(d) He THE INDIVIDUAL has knowingly made a false statement 4,799
or representation or knowingly failed to report any material fact 4,800
with the object of obtaining benefits to which he THE INDIVIDUAL 4,801
is not entitled. 4,803
(e) He THE INDIVIDUAL became unemployed by reason of 4,805
commitment to any correctional institution. 4,807
(f) He THE INDIVIDUAL became unemployed because of 4,809
dishonesty in connection with his THE INDIVIDUAL'S most recent or 4,811
any base period work. Remuneration earned in such work shall be 4,812
excluded from such THE individual's total base period 4,814
remuneration and qualifying weeks which THAT otherwise would be 4,815
credited to such an THE individual for such work in the 4,817
individual's base period shall not be credited for the purpose of 4,818
determining the total benefits to which such THE individual is 4,819
eligible and the weekly benefit amount to be paid under section 4,820
4141.30 of the Revised Code. Such excluded remuneration and 4,821
noncredited qualifying weeks shall be excluded from the 4,822
calculation of the maximum amount to be charged, under division 4,823
(D) of section 4141.24 and section 4141.33 of the Revised Code, 4,824
against the accounts of the individual's base period employers. 4,825
In addition, no benefits shall thereafter be paid to such THE 4,826
individual based upon such excluded remuneration or noncredited 4,828
qualifying weeks.
For purposes of division (D)(2)(f) of this section, 4,830
"dishonesty" means the commission of substantive theft, fraud, or 4,831
deceitful acts. 4,832
(E) No individual otherwise qualified to receive benefits 4,834
shall lose the right to benefits by reason of a refusal to accept 4,835
new work if: 4,836
(1) As a condition of being so employed he THE INDIVIDUAL 4,838
118
would be required to join a company union, or to resign from or 4,840
refrain from joining any bona fide labor organization, or would 4,841
be denied the right to retain membership in and observe the 4,842
lawful rules of any such organization. 4,843
(2) The position offered is vacant due directly to a 4,845
strike, lockout, or other labor dispute. 4,846
(3) The work is at an unreasonable distance from his THE 4,848
INDIVIDUAL'S residence, having regard to the character of the 4,850
work he THE INDIVIDUAL has been accustomed to do, and travel to 4,852
the place of work involves expenses substantially greater than 4,853
that required for his THE INDIVIDUAL'S former work, unless the 4,855
expense is provided for.
(4) The remuneration, hours, or other conditions of the 4,857
work offered are substantially less favorable to the individual 4,858
than those prevailing for similar work in the locality. 4,859
(F) Subject to the special exceptions contained in 4,861
division (A)(4)(f) of this section and section 4141.301 of the 4,862
Revised Code, in determining whether any work is suitable for a 4,863
claimant in the administration of this chapter, the administrator 4,864
shall, in addition to the determination required under division 4,865
(E) of this section, SHALL consider the degree of risk to the 4,866
claimant's health, safety, and morals, his THE INDIVIDUAL'S 4,867
physical fitness for the work, his THE INDIVIDUAL'S prior 4,869
training and experience, the length of his THE INDIVIDUAL'S 4,870
unemployment, the distance of the available work from his THE 4,871
INDIVIDUAL'S residence, and his THE INDIVIDUAL'S prospects for 4,873
obtaining local work. 4,874
(G) The "duration of his unemployment" as used in this 4,876
section means the full period of unemployment next ensuing after 4,877
a separation from any base period or subsequent work and until an 4,878
individual has become reemployed in employment subject to this 4,879
chapter, or the unemployment compensation act of another state, 4,880
or of the United States, and until such individual has worked six 4,881
weeks and for such THOSE weeks has earned or been paid 4,882
119
remuneration equal to six times an average weekly wage of not 4,884
less than: eighty-five dollars and ten cents per week beginning 4,885
on June 26, 1990; and beginning on and after January 1, 1992, 4,886
twenty-seven and one-half per cent of the statewide average 4,887
weekly wage as computed each first day of January under division 4,888
(B)(3) of section 4141.30 of the Revised Code, rounded down to 4,889
the nearest dollar, except for purposes of division (D)(2)(c) of 4,890
this section, such term means the full period of unemployment 4,891
next ensuing after a separation from such work and until such 4,892
individual has become reemployed subject to the terms set forth 4,893
above, and has earned wages equal to one-half of his THE 4,894
INDIVIDUAL'S average weekly wage or sixty dollars, whichever is 4,896
less.
(H) If a claimant is disqualified under division 4,898
(D)(2)(a), (c), or (e) of this section or found to be qualified 4,899
under the exceptions provided in division (D)(2)(a)(i), (ii), 4,900
(iii), or (iv) of this section or division (A)(2) of section 4,901
4141.291 of the Revised Code, then benefits which THAT may become 4,903
payable to such claimant, which are chargeable to the account of 4,904
the employer from whom he THE INDIVIDUAL was separated under such 4,906
conditions, shall be charged to the mutualized account provided 4,907
in section 4141.25 of the Revised Code, provided that no charge 4,908
shall be made to the mutualized account for benefits chargeable 4,909
to a reimbursing employer, except as provided in division 4,910
(C)(D)(2) of section 4141.33 4141.24 of the Revised Code. In the 4,912
case of a reimbursing employer, the administrator shall refund or 4,913
credit to the account of the reimbursing employer any over-paid 4,914
benefits that are recovered under division (B) of section 4141.35 4,915
of the Revised Code. 4,916
(I)(1) Benefits based on service in employment as provided 4,918
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 4,919
Code shall be payable in the same amount, on the same terms, and 4,920
subject to the same conditions as benefits payable on the basis 4,921
of other service subject to this chapter; except that after 4,922
120
December 31, 1977: 4,923
(a) Benefits based on service in an instructional, 4,925
research, or principal administrative capacity in an institution 4,926
of higher education, as defined in division (Y) of section 4,927
4141.01 of the Revised Code; or for an educational institution as 4,928
defined in division (CC) of section 4141.01 of the Revised Code, 4,929
shall not be paid to any individual for any week of unemployment 4,930
which THAT begins during the period between two successive 4,931
academic years or terms, or during a similar period between two 4,933
regular but not successive terms or during a period of paid 4,934
sabbatical leave provided for in the individual's contract, if 4,935
the individual performs such services in the first of such THOSE 4,936
academic years or terms and has a contract or a reasonable 4,938
assurance that the individual will perform services in any such 4,939
capacity for any such institution in the second of such THOSE 4,940
academic years or terms. 4,941
(b) Benefits based on service for an educational 4,943
institution or an institution of higher education in other than 4,944
an instructional, research, or principal administrative capacity, 4,945
shall not be paid to any individual for any week of unemployment 4,946
which begins during the period between two successive academic 4,947
years or terms of the employing educational institution or 4,948
institution of higher education, provided the individual 4,949
performed such THOSE services for the educational institution or 4,950
institution of higher education during the first such academic 4,951
year or term and, there is a reasonable assurance that such 4,952
individual will perform such THOSE services for any educational 4,953
institution or institution of higher education in the second of 4,954
such academic years or terms. 4,955
If compensation is denied to any individual for any week 4,957
under division (I)(1)(b) of this section and the individual was 4,958
not offered an opportunity to perform such THOSE services for an 4,959
institution of higher education or for an educational institution 4,960
for the second of such academic years or terms, the individual is 4,961
121
entitled to a retroactive payment of compensation for each week 4,962
for which the individual timely filed a claim for compensation 4,963
and for which compensation was denied solely by reason of 4,964
division (I)(1)(b) of this section. An application for 4,965
retroactive benefits shall be timely filed if received by the 4,966
administrator or his THE ADMINISTRATOR'S deputy within or prior 4,967
to the end of the fourth full calendar week after the end of the 4,969
period for which benefits were denied because of reasonable 4,970
assurance of employment. The provision for the payment of 4,971
retroactive benefits under division (I)(1)(b) of this section is 4,972
applicable to weeks of unemployment beginning on and after 4,973
November 18, 1983. The provisions under division (I)(1)(b) of 4,974
this section shall be retroactive to September 5, 1982, only if, 4,975
as a condition for full tax credit against the tax imposed by the 4,976
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 4,977
3301 TO 3311, the United States secretary of labor determines 4,978
that retroactivity is required by federal law. 4,980
(c) With respect to weeks of unemployment beginning after 4,982
December 31, 1977, benefits shall be denied to any individual for 4,983
any week which commences during an established and customary 4,984
vacation period or holiday recess, if the individual performs any 4,985
services described in divisions (I)(1)(a) and (b) of this section 4,986
in the period immediately before the vacation period or holiday 4,987
recess, and there is a reasonable assurance that the individual 4,988
will perform any such services in the period immediately 4,989
following the vacation period or holiday recess. 4,990
(d) With respect to any services described in division 4,992
(I)(1)(a), (b), or (c) of this section, benefits payable on the 4,993
basis of services in any such capacity shall be denied as 4,994
specified in division (I)(1)(a), (b), or (c) of this section to 4,995
any individual who performs such services in an educational 4,996
institution or institution of higher education while in the 4,997
employ of an educational service agency. For this purpose, the 4,998
term "educational service agency" means a governmental agency or 4,999
122
governmental entity which THAT is established and operated 5,000
exclusively for the purpose of providing services to one or more 5,002
educational institutions or one or more institutions of higher 5,003
education.
(e) Any individual employed by a public school district or 5,005
a county board of mental retardation shall be notified by the 5,006
thirtieth day of April each year if he THE INDIVIDUAL is not to 5,007
be reemployed the following academic year. 5,009
(2) No disqualification will be imposed, between academic 5,011
years or terms or during a vacation period or holiday recess 5,012
under this division, unless the administrator or his THE 5,013
ADMINISTRATOR'S deputy has received a statement in writing from 5,015
the educational institution or institution of higher education 5,016
that the claimant has a contract for, or a reasonable assurance 5,017
of, reemployment for the ensuing academic year or term. 5,018
(3) If an individual has employment with an educational 5,020
institution or an institution of higher education and employment 5,021
with a noneducational employer, during the base period of the 5,022
individual's benefit year, then the individual may become 5,023
eligible for benefits during the between-term, or vacation or 5,024
holiday recess, disqualification period, based on employment 5,025
performed for the noneducational employer, provided that the 5,026
employment is sufficient to qualify the individual for benefit 5,027
rights separately from the benefit rights based on school 5,028
employment. The weekly benefit amount and maximum benefits 5,029
payable during a disqualification period shall be computed based 5,030
solely on the nonschool employment. 5,031
(J) Benefits shall not be paid on the basis of employment 5,033
performed by an alien, unless the alien had been lawfully 5,034
admitted to the United States for permanent residence at the time 5,035
the services were performed, was lawfully present for purposes of 5,036
performing the services, or was otherwise permanently residing in 5,037
the United States under color of law at the time the services 5,038
were performed, under section 212(d)(5) of the "Immigration and 5,039
123
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,040
(1) Any data or information required of individuals 5,042
applying for benefits to determine whether benefits are not 5,043
payable to them because of their alien status shall be uniformly 5,044
required from all applicants for benefits. 5,045
(2) In the case of an individual whose application for 5,047
benefits would otherwise be approved, no determination that 5,048
benefits to the individual are not payable because of his THE 5,049
INDIVIDUAL'S alien status shall be made except upon a 5,051
preponderance of the evidence that the individual had not, in 5,052
fact, been lawfully admitted to the United States. 5,053
(K) The administrator shall establish and utilize a system 5,055
of profiling all new claimants under this chapter that: 5,056
(1) Identifies which claimants will be likely to exhaust 5,058
regular compensation and will need job search assistance services 5,059
to make a successful transition to new employment; 5,060
(2) Refers claimants identified pursuant to division 5,062
(K)(1) of this section to reemployment services, such as job 5,063
search assistance services, available under any state or federal 5,064
law; 5,065
(3) Collects follow-up information relating to the 5,067
services received by such claimants and the employment outcomes 5,068
for such claimant's subsequent to receiving such services and 5,069
utilizes such information in making identifications pursuant to 5,070
division (K)(1) of this section; and 5,071
(4) Meets such other requirements as the United States 5,073
secretary of labor determines are appropriate. 5,074
Sec. 4141.291. (A) Notwithstanding section 4141.29 of the 5,084
Revised Code, an individual who voluntarily quits work: 5,085
(1) To accept a recall from a prior employer and 5,087
establishes that the refusal or failure to accept the recall 5,088
would have resulted in a substantial loss of employment rights, 5,089
benefits, or pension, under a labor-management agreement or 5,090
company policy; 5,091
124
(2) To accept a recall to employment from a prior employer 5,093
and cannot establish that a substantial loss of employment 5,094
rights, benefits, or pension was involved in the recall, or to 5,095
accept other employment subject to this chapter, or the 5,096
unemployment compensation act of another state, or of the United 5,097
States, where the individual obtains such employment while still 5,098
employed or commences such employment within seven calendar days 5,100
after the last day of employment with the prior employer, and 5,101
subsequent to the last day of the employment with the prior 5,102
employer, works three weeks in the new employment and earns wages 5,103
equal to one and one-half times the individual's average weekly 5,104
wage or one hundred eighty dollars, whichever is less; 5,105
(3) Shall, under the conditions specified in either 5,107
division (A)(1) or (2) of this section, remove the 5,108
disqualification imposed by division (D)(2)(a) of section 4141.29 5,109
of the Revised Code and shall be deemed to have fully complied 5,110
with division (G) of such section. 5,111
(B) Benefits which may become payable to such individual 5,113
because of the individual's subsequent separation from the 5,114
employer who recalled that individual shall be charged to 5,115
employer accounts as provided in division (D) of section 4141.24 5,116
of the Revised Code.
(C) Any benefits which would be chargeable to the account 5,118
of the employer from whom such individual voluntarily quit to 5,119
accept such recall or other employment which are not chargeable 5,120
to the recalling employer as provided in this section shall be 5,121
charged to the mutualized account provided in section 4141.25 of 5,122
the Revised Code; except that any benefits chargeable to the 5,123
account of a reimbursing employer under this division shall be 5,124
charged to the account of the reimbursing employer and not the 5,125
mutualized account unless the charge is required under division 5,126
(C) of section 4141.33 of the Revised Code, EXCEPT AS PROVIDED IN 5,128
DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE.
Sec. 4141.301. (A) As used in this section, unless the 5,137
125
context clearly requires otherwise: 5,138
(1) "Extended benefit period" means a period which: 5,140
(a) Begins with the third week after a week for which 5,142
there is a state "on" indicator; and 5,143
(b) Ends with either of the following weeks, whichever 5,145
occurs later: 5,146
(i) The third week after the first week for which there is 5,148
a state "off" indicator; or 5,149
(ii) The thirteenth consecutive week of such period; 5,151
Except, that no extended benefit period may begin by reason 5,153
of a state "on" indicator before the fourteenth week following 5,154
the end of a prior extended benefit period which was in effect 5,155
with respect to this state. 5,156
(2) There is a "state 'on' indicator" for this state for a 5,158
week if the administrator determines, in accordance with the 5,159
regulations of the United States secretary of labor, that for the 5,160
period consisting of such week and the immediately preceding 5,161
twelve weeks, the rate of insured unemployment, not seasonally 5,162
adjusted, under Chapter 4141. of the Revised Code: 5,163
(a) Equaled or exceeded one hundred and twenty per cent of 5,165
the average of such rates for the corresponding thirteen-week 5,166
period ending in each of the preceding two calendar years, and 5,167
for weeks beginning before September 25, 1982, equaled or 5,168
exceeded four per cent and for weeks beginning after September 5,169
25, 1982, equaled or exceeded five per cent; 5,170
(b) For weeks of unemployment beginning after December 31, 5,172
1977 and before September 25, 1982, such rate of insured 5,173
unemployment: 5,174
(i) Met the criteria set forth in division (A)(2)(a) of 5,176
this section; or 5,177
(ii) Equaled or exceeded five per cent. 5,179
(c) For weeks of unemployment beginning after September 5,181
25, 1982, such rate of insured unemployment: 5,182
(i) Met the criteria set forth in division (A)(2)(a) of 5,184
126
this section; or 5,185
(ii) Equaled or exceeded six per cent. 5,187
(3) A "state 'off' indicator" exists for the state for a 5,189
week if the administrator determines, in accordance with the 5,190
regulations of the United States secretary of labor, that for the 5,191
period consisting of such week and the immediately preceding 5,192
twelve weeks, the rate of insured unemployment, not seasonally 5,193
adjusted, under Chapter 4141. of the Revised Code: 5,194
(a) Was less than one hundred and twenty per cent of the 5,196
average of such rates for the corresponding thirteen-week period 5,197
ending in each of the preceding two calendar years, or for weeks 5,198
beginning before September 25, 1982, was less than four per cent 5,199
and for weeks beginning after September 25, 1982, was less than 5,200
five per cent; 5,201
(b) For weeks of unemployment beginning after December 31, 5,203
1977 and before September 25, 1982, such rate of insured 5,204
unemployment: 5,205
(i) Was less than five per cent; and 5,207
(ii) Met the criteria set forth in division (A)(3)(a) of 5,209
this section. 5,210
(c) For weeks of unemployment beginning after September 5,212
25, 1982, such rate of insured unemployment; 5,213
(i) Was less than six per cent; and 5,215
(ii) Met the criteria set forth in division (A)(3)(a) of 5,217
this section. 5,218
(4) "Rate of insured unemployment," for purposes of 5,220
divisions (A)(2) and (3) of this section, means the percentage 5,221
derived by dividing: 5,222
(a) The average weekly number of individuals filing claims 5,224
for regular compensation in this state for weeks of unemployment 5,225
with respect to the most recent thirteen-consecutive-week period, 5,226
as determined by the administrator on the basis of his THE 5,227
ADMINISTRATOR'S reports to the United States secretary of labor, 5,229
by
127
(b) The average monthly employment covered under Chapter 5,231
4141. of the Revised Code, for the first four of the most recent 5,232
six completed calendar quarters ending before the end of such 5,233
thirteen-week period. 5,234
(5) "Regular benefits" means benefits payable to an 5,236
individual, as defined in division (C) of section 4141.01 of the 5,237
Revised Code, or under any other state law, including dependents' 5,238
allowance and benefits payable to federal civilian employees and 5,239
to ex-servicemen EX-SERVICEPERSONS pursuant to the "Act of 5,240
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, other than 5,242
extended benefits, and additional benefits as defined in division 5,243
(A)(10) of this section. 5,244
(6) "Extended benefits" means benefits, including benefits 5,246
payable to federal civilian employees and to ex-servicemen 5,247
EX-SERVICEPERSONS pursuant to the "Act of September 6, 1966," 80 5,249
Stat. 585, 5 U.S.C.A. 8501, and additional benefits, payable to 5,250
an individual under the provisions of this section for weeks of 5,251
unemployment in his THE INDIVIDUAL'S eligibility period. 5,252
(7) "Eligibility period" of an individual means the period 5,254
consisting of the weeks in his THE INDIVIDUAL'S benefit year 5,255
which begin in an extended benefit period and, if his THE 5,257
INDIVIDUAL'S benefit year ends within the extended benefit 5,259
period, any weeks thereafter which begin in the period. 5,260
(8) "Exhaustee" means an individual who, with respect to 5,262
any week of unemployment in his THE INDIVIDUAL'S eligibility 5,263
period: 5,264
(a) Has received prior to the week, all of the regular 5,266
benefits that were available to him THE INDIVIDUAL under Chapter 5,267
4141. of the Revised Code, or any other state law, including 5,269
dependents' allowance and benefits payable to federal civilian 5,270
employees and ex-servicemen EX-SERVICEPERSONS under the "Act of 5,271
September 6, 1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE 5,273
INDIVIDUAL'S current benefit year that includes the week; 5,275
(b) Has received, prior to the week, all of the regular 5,277
128
benefits that were available to him THE INDIVIDUAL under this 5,278
chapter or any other state law, including dependents' allowances 5,280
and regular benefits available to federal civilian employees and 5,281
ex-servicemen EX-SERVICEPERSONS under the "Act of September 6, 5,282
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in his THE INDIVIDUAL'S 5,284
current benefit year that includes the week, after the 5,286
cancellation of some or all of his THE INDIVIDUAL'S wage credits 5,287
or the total or partial reduction of his THE INDIVIDUAL'S right 5,288
to regular benefits, provided that, for the purposes of divisions 5,290
(A)(8)(a) and (8)(b) of this section, an individual shall be 5,291
deemed to have received in his THE INDIVIDUAL'S current benefit 5,292
year all of the regular benefits that were either payable or 5,294
available to him THE INDIVIDUAL even though: 5,295
(i) As a result of a pending appeal with respect to wages 5,297
or employment, or both, that were not included in the original 5,298
monetary determination with respect to his THE INDIVIDUAL'S 5,299
current benefit year, he THE INDIVIDUAL may subsequently be 5,301
determined to be entitled to more regular benefits, or 5,303
(ii) By reason of section 4141.33 of the Revised Code, or 5,305
the seasonal employment provisions of another state law, he THE 5,306
INDIVIDUAL is not entitled to regular benefits with respect to 5,308
the week of unemployment, although he THE INDIVIDUAL may be 5,309
entitled to regular benefits with respect to future weeks of 5,311
unemployment in either the next season or off season in his THE 5,312
INDIVIDUAL'S current benefit year, and he THE INDIVIDUAL is 5,313
otherwise an "exhaustee" within the meaning of this section with 5,314
respect to his THE right to regular benefits under state law 5,315
seasonal employment provisions during either the season or off 5,317
season in which that week of unemployment occurs, or 5,318
(iii) Having established a benefit year, no regular 5,320
benefits are payable to him THE INDIVIDUAL during the year 5,321
because his THE INDIVIDUAL'S wage credits were cancelled or his 5,323
THE INDIVIDUAL'S right to regular benefits was totally reduced as 5,325
the result of the application of a disqualification; or 5,326
129
(c) His THE INDIVIDUAL'S benefit year having expired prior 5,328
to the week, has no, or insufficient, wages or weeks of 5,330
employment on the basis of which he THE INDIVIDUAL could 5,331
establish in any state a new benefit year that would include the 5,333
week, or having established a new benefit year that includes the 5,334
week, he THE INDIVIDUAL is precluded from receiving regular 5,335
benefits by reason of a state law which meets the requirements of 5,336
section 3304 (a)(7) of the "Federal Unemployment Tax Act," 53 5,337
Stat. 183, 26 U.S.C.A. 3301, as amended TO 3311; and 5,338
(i) Has no right for the week to unemployment benefits or 5,340
allowances, as the case may be, under the Railroad Unemployment 5,341
Insurance Act, the Trade Act of 1974, and other federal laws as 5,342
are specified in regulations issued by the United States 5,343
secretary of labor; and 5,344
(ii) Has not received and is not seeking for the week 5,346
unemployment benefits under the unemployment compensation law of 5,347
the Virgin Islands, prior to the day after that on which the 5,348
secretary of labor approves the unemployment compensation law of 5,349
the Virgin Islands, or of Canada; or if he THE INDIVIDUAL is 5,350
seeking benefits and the appropriate agency finally determines 5,352
that he THE INDIVIDUAL is not entitled to benefits under the law 5,354
for the week.
(9) "State law" means the unemployment insurance law of 5,356
any state, approved by the United States secretary of labor under 5,357
section 3304 of the Internal Revenue Code of 1954. 5,358
(10) "Additional benefits" means benefits totally financed 5,360
by a state and payable to exhaustees by reason of high 5,361
unemployment or by reason of other special factors under the 5,362
provisions of any state law. 5,363
(B) Except when the result would be inconsistent with the 5,365
other provisions of this section, as provided in the regulations 5,366
of the administrator, the provisions of Chapter 4141. of the 5,367
Revised Code, which apply to claims for, or the payment of, 5,368
regular benefits, shall apply to claims for, and the payment of, 5,369
130
extended benefits. 5,370
(C) Any individual shall be eligible to receive extended 5,372
benefits with respect to any week of unemployment in his THE 5,373
INDIVIDUAL'S eligibility period only if the administrator finds 5,375
that, with respect to such week: 5,376
(1) The individual is an "exhaustee" as defined in 5,378
division (A)(8) of this section; and 5,379
(2) The individual has satisfied the requirements of 5,381
Chapter 4141. of the Revised Code, for the receipt of regular 5,382
benefits that are applicable to individuals claiming extended 5,383
benefits, including not being subject to a disqualification for 5,384
the receipt of benefits. 5,385
(D) The weekly extended benefit amount payable to an 5,387
individual for a week of total unemployment in his THE 5,388
INDIVIDUAL'S eligibility period shall be the same as the weekly 5,390
benefit amount payable to him THE INDIVIDUAL during his THE 5,391
INDIVIDUAL'S applicable benefit year. 5,392
(E) The total extended benefit amount payable to any 5,394
eligible individual with respect to his THE INDIVIDUAL'S 5,395
applicable benefit year shall be the lesser of the following 5,397
amounts:
(1) Fifty per cent of the total amount of regular 5,399
benefits, including dependents' allowances which were payable to 5,400
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, in 5,401
his THE INDIVIDUAL'S applicable benefit year; 5,403
(2) Thirteen times his THE INDIVIDUAL'S weekly benefit 5,405
amount, including dependents' allowances, which was payable to 5,407
him THE INDIVIDUAL under Chapter 4141. of the Revised Code, for a 5,409
week of total unemployment in the applicable benefit year; 5,410
provided, that in making the computation under divisions (E)(1) 5,411
and (2) of this section, any amount which is not a multiple of 5,412
one dollar shall be rounded to the next lower multiple of one 5,413
dollar.
(F)(1) Except as provided in division (F)(2) of this 5,415
131
section, an individual eligible for extended benefits pursuant to 5,416
an interstate claim filed in any state under the interstate 5,417
benefit payment plan shall not be paid extended benefits for any 5,418
week in which an extended benefit period is not in effect in such 5,419
state. 5,420
(2) Division (F)(1) of this section does not apply with 5,422
respect to the first two weeks for which extended compensation is 5,423
payable to an individual, as determined without regard to this 5,424
division, pursuant to an interstate claim filed under the 5,425
interstate benefit payment plan from the total extended benefit 5,426
amount payable to that individual in his THE INDIVIDUAL'S 5,427
applicable benefit year. 5,428
(3) Notwithstanding any other provisions of this section, 5,430
if the benefit year of any individual ends within an extended 5,431
benefit period, the remaining balance of extended benefits that 5,432
the individual would, but for this section, be entitled to 5,433
receive in that extended benefit period, with respect to weeks of 5,434
unemployment beginning after the end of the benefit year, shall 5,435
be reduced, but not below zero, by the product of the number of 5,436
weeks for which the individual received any amounts as trade 5,437
readjustment allowances within that benefit year, multiplied by 5,438
the individual's weekly benefit amount for extended benefits. 5,439
(G)(1) Whenever an extended benefit period is to become 5,441
effective in this state, as a result of a state "on" indicator, 5,442
or an extended benefit period is to be terminated in this state 5,443
as a result of a state "off" indicator, the administrator shall 5,444
make an appropriate public announcement. 5,445
(2) Computations required by division (A)(4) of this 5,447
section shall be made by the administrator, in accordance with 5,448
the regulations prescribed by the United States secretary of 5,449
labor. 5,450
(H)(1)(a) The administrator shall promptly examine any 5,452
application for extended benefits filed and, under this section, 5,453
shall determine whether such application is to be allowed or 5,454
132
disallowed and, if allowed, the weekly and total extended 5,455
benefits payable and the effective date of the application. The 5,456
claimant, his THE CLAIMANT'S most recent employer, and any other 5,457
employer in the base period of the claim upon which the extended 5,459
benefits are based, and who was chargeable for regular benefits 5,460
based on such claim, shall be notified of such determination. 5,461
(b) The determination issued to the most recent or other 5,463
base period employer shall include the total amount of extended 5,464
benefits which may be charged to his THE EMPLOYER'S account. 5,465
Such potential charge amount shall be an amount equal to 5,467
one-fourth of the regular benefits chargeable to his THE 5,468
EMPLOYER'S account on the regular claim upon which extended 5,470
benefits are based except that, effective January 1, 1979, the 5,471
potential charge amount to the state and its instrumentalities 5,472
and its political subdivisions and their instrumentalities shall 5,473
be an amount equal to one-half of the regular benefits chargeable 5,474
to their accounts on such claim. If regular benefits were 5,475
chargeable to the mutualized account, in lieu of an employer's 5,476
account, then the extended benefits which are based on such prior 5,477
mutualized benefits shall also be charged to the mutualized 5,478
account.
(c) As extended benefits are paid to eligible individuals: 5,480
(i) One-half of such benefits will be charged to an 5,482
extended benefit account to which reimbursement payments of 5,483
one-half of extended benefits, received from the federal 5,484
government as described in division (J) of this section, will be 5,485
credited; and 5,486
(ii) One-half of the extended benefits shall be charged to 5,488
the accounts of base period employers and the mutualized account 5,489
in the same sequence as was provided for on the regular claim; or 5,490
(iii) The full amount of extended benefits shall be 5,492
charged to the accounts of the state and its instrumentalities, 5,493
and its political subdivisions and their instrumentalities. 5,494
Employers making payments in lieu of contributions shall be 5,495
133
charged in accordance with division (B)(1) of section 4141.241 of 5,496
the Revised Code. 5,497
(d) If the application for extended benefits is 5,499
disallowed, a determination shall be issued to the claimant, 5,500
which determination shall set forth the reasons for the 5,501
disallowance. Determinations issued under this division, whether 5,502
allowed or disallowed, shall be subject to reconsideration and 5,503
appeal in accordance with section 4141.28 of the Revised Code. 5,504
(2) Any additional or continued claims, as described in 5,506
division (F) of section 4141.01 of the Revised Code, filed by an 5,507
individual at the beginning of, or during, his THE INDIVIDUAL'S 5,508
extended benefit period shall be determined under division (D) of 5,510
section 4141.28 of the Revised Code, and such determination shall 5,511
be subject to reconsideration and appeal in accordance with 5,512
section 4141.28 of the Revised Code. 5,513
(I) Notwithstanding division (B) of this section, payment 5,515
of extended benefits under this section shall not be made to any 5,516
individual for any week of unemployment in his THE INDIVIDUAL'S 5,517
eligibility period during which he THE INDIVIDUAL fails to accept 5,519
any offer of suitable work, as defined in division (I)(2) of this 5,521
section, or fails to apply for any suitable work to which he THE 5,522
INDIVIDUAL was referred by the administrator, or fails to 5,524
actively engage in seeking work, as prescribed in division (I)(4) 5,525
of this section.
(1) If any individual is ineligible for extended benefits 5,527
for any week by reason of a failure described in this division, 5,528
the individual shall be ineligible to receive extended benefits 5,529
beginning with the week in which the failure occurred and 5,530
continuing until the individual has been employed during each of 5,531
four subsequent weeks and the total remuneration earned by the 5,532
individual for this employment is equal to or more than four 5,533
times the individual's weekly extended benefit amount, and has 5,534
met all other eligibility requirements of this section, in order 5,535
to establish entitlement to extended benefits. 5,536
134
(2) For purposes of this section, the term "suitable work" 5,538
means, with respect to an individual, any work which is within 5,539
the individual's capabilities, provided that with respect to the 5,540
position all of the following requirements are met: 5,541
(a) It offers the individual gross average weekly 5,543
remuneration of more than the sum of: 5,544
(i) The individual's extended weekly benefit amount; and 5,546
(ii) The amount of supplemental unemployment compensation 5,548
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,549
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,550
the individual for the week of unemployment. 5,551
(b) It pays equal to or more than the higher of: 5,553
(i) The minimum wage provided by section 6(a)(1) of the 5,555
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,556
206, without regard to any exemption; or 5,557
(ii) Any applicable state or local minimum wage. 5,559
(c) It is offered to the individual in writing or is 5,561
listed with the employment office maintained or designated by the 5,562
bureau of employment services. 5,563
(3) Extended benefits shall not be denied under this 5,565
division to any individual for any week by reason of a failure to 5,566
accept an offer of, or apply for suitable work if either of the 5,567
following conditions apply: 5,568
(a) The failure would not result in a denial of benefits 5,570
to a regular benefit claimant under section 4141.29 of the 5,571
Revised Code to the extent that section 4141.29 of the Revised 5,572
Code is not inconsistent with division (I)(2) of this section; 5,573
(b) The individual furnishes evidence satisfactory to the 5,575
administrator that the individual's prospects for obtaining work 5,576
in his THE INDIVIDUAL'S customary occupation within a reasonably 5,577
short period are good. If the evidence is deemed satisfactory, 5,579
the determination as to whether any work is suitable work with 5,580
respect to this individual and whether the individual is 5,581
ineligible or disqualified shall be based upon the meaning of 5,582
135
"suitable work" and other provisions in section 4141.29 of the 5,583
Revised Code.
(4) For purposes of this section, an individual shall be 5,585
treated as actively engaged in seeking work during any week if: 5,586
(a) The individual has engaged in a systematic and 5,588
sustained effort to obtain work during that week; and 5,589
(b) The individual provides tangible evidence to the 5,591
administrator that he THE INDIVIDUAL has engaged in the effort 5,592
during that week. 5,593
(5) The administrator shall refer applicants for extended 5,595
benefits to job openings that meet the requirements of divisions 5,596
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,597
case of applicants whose prospects are determined not to be good 5,598
under division (I)(3)(b) of this section to any suitable work 5,599
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,600
section. 5,601
(6) Individuals denied extended or regular benefits under 5,603
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,604
of being given a disciplinary layoff for misconduct must, after 5,605
the date of disqualification, work the length of time and earn 5,606
the amount of remuneration specified in division (I)(1) of this 5,607
section, and meet all other eligibility requirements of this 5,608
section, in order to establish entitlement to extended benefits. 5,609
(J) All payments of extended benefits made pursuant to 5,611
this section shall be paid out of the unemployment compensation 5,612
fund, provided by section 4141.09 of the Revised Code, and all 5,613
payments of the federal share of extended benefits that are 5,614
received as reimbursements under section 204 of the 5,615
"Federal-State Extended Unemployment Compensation Act of 1970," 5,616
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,617
unemployment compensation fund and shall be credited to the 5,618
extended benefit account established by division (G) of this 5,619
section. Any refund of extended benefits, because of prior 5,620
overpayment of such benefits, may be made from the unemployment 5,621
136
compensation fund. 5,622
(K) In the administration of the provisions of this 5,624
section which are enacted to conform with the requirements of the 5,625
"Federal-State Extended Unemployment Compensation Act of 1970," 5,626
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,627
action consistent with state law, as may be necessary: 5,628
(1) To ensure that the provisions are so interpreted and 5,630
applied as to meet the requirements of the federal act as 5,631
interpreted by the United States department of labor; and 5,632
(2) To secure to this state the full reimbursement of the 5,634
federal share of extended benefits paid under this section that 5,635
are reimbursable under the federal act. 5,636
Sec. 4141.312. Notwithstanding sections 4141.31 and 5,645
4141.311 of the Revised Code, and to the extent that the 5,646
following provisions are required as a condition for full tax 5,647
credit against the tax imposed by the "Federal Unemployment Tax 5,648
Act of 1976," 84 Stat. 713, 26 U.S.C.A. 3301 TO 3311, then the 5,650
following conditions shall apply: 5,651
(A) The amount of benefits payable to a claimant for any 5,653
week with respect to which the claimant is receiving a 5,654
governmental or other pension, retirement or retired pay, annuity 5,655
or any other similar periodic payment which is based on the 5,656
previous work of the individual, shall, to the extent required by 5,657
such federal act, be reduced by an amount equal to the amount of 5,658
the pension, retirement or retired pay, annuity or other payment 5,659
which is reasonably attributable to that week. 5,660
(B) The amount of any disability pension, allowance, or 5,662
payment paid to former members of the armed forces of the United 5,663
States which is based on the nature and extent of the disability 5,664
rather than a prior period of employment or service, shall not 5,665
reduce or be deducted from the weekly benefits payable. 5,666
Sec. 4141.33. (A) "Seasonal employment" means employment 5,676
of individuals hired primarily to perform services in an industry 5,677
which because of climatic conditions or because of the seasonal 5,678
137
nature of such industry it is customary to operate only during 5,679
regularly recurring periods of forty weeks or less in any 5,680
consecutive fifty-two weeks. "Seasonal employer" means an 5,681
employer determined by the administrator of the bureau of 5,682
employment services to be an employer whose operations and 5,683
business, with the exception of certain administrative and 5,684
maintenance operations, are substantially all in a seasonal 5,685
industry. Any employer who claims to have seasonal employment in 5,686
a seasonal industry may file with the administrator a written 5,687
application for classification of such employment as seasonal. 5,688
Whenever in any industry it is customary to operate because of 5,689
climatic conditions or because of the seasonal nature of such 5,690
industry only during regularly recurring periods of forty weeks 5,691
or less duration, benefits shall be payable only during the 5,692
longest seasonal periods which the best practice of such industry 5,693
will reasonably permit. The administrator shall determine, after 5,694
investigation, hearing, and due notice, whether the industry is 5,695
seasonal and, if seasonal, establish seasonal periods for such 5,696
seasonal employer. Until such determination by the 5,697
administrator, no industry or employment shall be deemed 5,698
seasonal. 5,699
(B) When the administrator has determined such seasonal 5,701
periods, he shall also establish the proportionate number of 5,704
weeks of employment and earnings required to qualify for seasonal 5,705
benefit rights in place of the weeks of employment and earnings 5,706
requirement stipulated in division (R) of section 4141.01 and 5,707
section 4141.30 of the Revised Code, and the proportionate number 5,708
of weeks for which seasonal benefits may be paid. An individual 5,709
whose base period employment consists of only seasonal employment 5,710
for a single seasonal employer and who meets the employment and 5,711
earnings requirements determined by the administrator pursuant to 5,712
this division will have his benefit rights determined in 5,713
accordance with this division. Benefit charges for such seasonal 5,714
employment shall be computed and charged in accordance with 5,715
138
division (D) of section 4141.24 of the Revised Code. The 5,716
administrator may adopt rules for implementation of this section. 5,717
(C) An individual whose base period employment consists of 5,719
either seasonal employment with two or more seasonal employers or 5,720
both seasonal employment and nonseasonal employment with 5,721
employers subject to this chapter, will have his benefit rights 5,722
determined in accordance with division (R) of section 4141.01 and 5,723
section 4141.30 of the Revised Code. Benefit charges for both 5,724
seasonal and nonseasonal employment shall be computed and charged 5,725
in accordance with division (D) of section 4141.24 of the Revised 5,726
Code, except that benefit charges for weeks of unemployment that 5,727
occurred outside a seasonal employer's seasonal period, as 5,728
determined by the administrator pursuant to division (A) of this 5,729
section, shall not be charged to the account of that seasonal 5,730
employer but shall instead be charged to the mutualized account 5,731
established pursuant to division (D) of section 4141.25 of the 5,733
Revised Code. The total seasonal and nonseasonal benefits during 5,734
a benefit year cannot exceed twenty-six times the weekly benefit 5,735
amount. 5,736
(D) Benefits shall not be paid to any individual on the 5,738
basis of any services, substantially all of which consist of 5,739
participating in sports or athletic events or training or 5,740
preparing to so participate, for any week which commences during 5,741
the period between two successive sport seasons, or similar 5,742
periods, if the individual performed services in the first of the 5,743
seasons, or similar periods, and there is a reasonable assurance 5,744
that the individual will perform services in the later of the 5,745
seasons, or similar periods. 5,746
(1) The term "reasonable assurance" as used in this 5,748
division means a written, verbal, or implied agreement that the 5,750
individual will perform services in the same or similar capacity 5,751
during the ensuing sports season. 5,752
(2) The administrator shall adopt rules concerning the 5,754
eligibility for benefits of individuals under this division. 5,755
139
(D) Notwithstanding division (A) of this section, the Ohio 5,758
expositions commission is a "seasonal employer" for purposes of 5,759
this chapter.
Sec. 4141.35. (A) If the administrator of the bureau of 5,768
employment services finds that any fraudulent misrepresentation 5,769
has been made by an applicant for or a recipient of benefits with 5,770
the object of obtaining benefits to which he THE APPLICANT OR 5,771
RECIPIENT was not entitled, and in addition to any other penalty 5,773
or forfeiture under this chapter, then the administrator: 5,774
(1) Shall within four years after the end of the benefit 5,776
year in which the fraudulent misrepresentation was made reject or 5,777
cancel such person's entire weekly claim for benefits that was 5,778
fraudulently claimed, or his THE PERSON'S entire benefit rights 5,779
if the misrepresentation was in connection with the filing of the 5,781
claimant's application for determination of benefit rights; 5,782
(2) Shall by order declare that, for each application for 5,784
benefit rights and for each weekly claim canceled, such person 5,785
shall be ineligible for two otherwise valid weekly claims for 5,786
benefits, claimed within six years subsequent to the discovery of 5,787
such misrepresentation; 5,788
(3) Shall by BY order SHALL require that the total amount 5,791
of benefits rejected or canceled under division (A)(1) of this 5,792
section be repaid to the bureau of employment services before 5,793
such person may become eligible for further benefits, and shall 5,794
withhold such unpaid sums from future benefit payments accruing 5,795
and otherwise payable to such claimant. Effective with orders 5,796
issued on or after January 1, 1993, if such benefits are not 5,797
repaid within thirty days after the administrator's order becomes 5,798
final, interest on the amount remaining unpaid shall be charged 5,799
to the person at a rate and calculated in the same manner as 5,800
provided under section 4141.23 of the Revised Code. When a 5,801
person ordered to repay benefits has repaid all overpaid benefits 5,802
according to a plan approved by the administrator, the 5,803
administrator may cancel the amount of interest that accrued 5,804
140
during the period of the repayment plan. The administrator may 5,805
take action in the courts of this state to collect benefits and 5,806
interest as provided in sections 4141.23 and 4141.27 of the 5,807
Revised Code, in regard to the collection of unpaid 5,808
contributions, using the final repayment order as the basis for 5,809
such action. No administrative or legal proceedings for the 5,810
collection of such benefits or interest due shall be initiated 5,811
after the expiration of six years from the date on which the 5,812
administrator's order requiring repayment became final and the 5,813
amount of any benefits or interest not recovered at that time, 5,814
and any liens thereon, shall be canceled as uncollectible. 5,815
(4) May take action to collect benefits fraudulently 5,817
obtained under the unemployment compensation law of any other 5,818
state or the United States or Canada. Such action may be 5,819
initiated in the courts of this state in the same manner as 5,820
provided for unpaid contributions in section 4141.41 of the 5,821
Revised Code. 5,822
(5) May take action to collect benefits that have been 5,824
fraudulently obtained from the bureau, interest pursuant to 5,825
division (A)(3) of this section, and court costs, through 5,826
attachment proceedings under Chapter 2715. of the Revised Code 5,827
and garnishment proceedings under Chapter 2716. of the Revised 5,828
Code. 5,829
(B) If the administrator finds that an applicant for 5,831
benefits has been credited with a waiting period or paid benefits 5,832
to which the applicant was not entitled for reasons other than 5,833
fraudulent misrepresentation, the administrator shall: 5,835
(1)(a) Within six months after the determination under 5,838
which the claimant was credited with that waiting period or paid 5,839
benefits becomes final pursuant to section 4141.28 of the Revised 5,840
Code, or within three years after the end of the benefit year in 5,841
which such benefits were claimed, whichever is later, by order 5,842
cancel such waiting period and require that such benefits be 5,843
repaid to the bureau of employment services or be withheld from 5,844
141
any benefits to which such applicant is or may become entitled 5,845
before any additional benefits are paid, provided that the 5,846
repayment or withholding shall not be required where the 5,847
overpayment is the result of the administrator's correcting or 5,848
amending a prior decision due to a typographical or clerical 5,849
error in the administrator's prior decision, or an error in an 5,850
employer's report under division (G)(2) of section 4141.28 of the 5,851
Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 5,853
section shall not apply to cases involving the retroactive 5,854
payment of remuneration covering periods for which benefits were 5,855
previously paid to the claimant. However, in such cases, the 5,856
administrator's order requiring repayment shall not be issued 5,857
unless the administrator is notified of such retroactive payment 5,858
within six months from the date the retroactive payment was made 5,859
to the claimant. 5,860
(2) The administrator may, by reciprocal agreement with 5,862
the United States secretary of labor or another state, recover 5,863
overpayment amounts from unemployment benefits otherwise payable 5,864
to an individual under Chapter 4141. of the Revised Code. Any 5,865
overpayments made to the individual that have not previously been 5,866
recovered under an unemployment benefit program of the United 5,867
States may be recovered in accordance with section 303(g) of the 5,868
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 5,869
"Federal Unemployment Tax Act," Pub. L. 99-272 53 STAT. 183 5,871
(1939), 26 U.S.C.A. 3301 TO 3311.
(3) If the amounts required to be repaid under division 5,873
(B) of this section are not recovered within three years from the 5,874
date the administrator's order requiring payment became final, 5,875
initiate no further action to collect such benefits and the 5,876
amount of any benefits not recovered at that time shall be 5,877
canceled as uncollectible. 5,878
(C) The reconsideration and appeal provisions of section 5,880
4141.28 of the Revised Code shall apply to all orders and 5,881
142
determinations issued under this section, except that an 5,882
individual's right of appeal under division (B)(2) of this 5,883
section shall be limited to this state's authority to recover 5,884
overpayment of benefits. 5,885
(D) If an individual makes a full repayment or a repayment 5,887
that is less than the full amount required by this section, the 5,888
administrator shall apply the repayment to the mutualized account 5,889
under division (D)(B) of section 4141.25 of the Revised Code, 5,890
except that the administrator shall credit the repayment to the 5,892
accounts of the individual's base period employers that 5,893
previously have not been credited for the amount of improperly 5,894
paid benefits charged against their accounts based on the 5,895
proportion of benefits charged against the accounts as determined 5,896
pursuant to division (D) of section 4141.24 and division (B) or 5,897
(C) of section 4141.33 of the Revised Code. 5,898
The administrator shall deposit any repayment collected 5,900
under this section that the administrator determines to be 5,901
payment of interest or court costs into the unemployment 5,903
compensation special administrative fund established pursuant to 5,904
section 4141.11 of the Revised Code. 5,905
Sec. 4141.43. (A) The administrator of the bureau of 5,916
employment services may cooperate with the industrial commission, 5,917
the bureau of workers' compensation, the United States internal 5,919
revenue service, the United States employment service, the 5,920
department of human services, and other similar departments and 5,921
agencies, as determined by the administrator, in the exchange or 5,922
disclosure of information as to wages, employment, payrolls, 5,923
unemployment, and other information. The administrator may 5,924
employ, jointly with one or more of such agencies or departments, 5,925
auditors, examiners, inspectors, and other employees necessary 5,926
for the administration of this chapter and employment and 5,927
training services for workers in the state. 5,928
(B) The administrator may make the state's record relating 5,930
to the administration of this chapter available to the railroad 5,931
143
retirement board and may furnish the board at the board's expense 5,932
such copies thereof as the board deems necessary for its 5,933
purposes. 5,934
(C) The administrator may afford reasonable cooperation 5,936
with every agency of the United States charged with the 5,937
administration of any unemployment compensation law. 5,938
(D) The administrator may enter into arrangements with the 5,940
appropriate agencies of other states or of the United States or 5,941
Canada whereby individuals performing services in this and other 5,942
states for a single employer under circumstances not specifically 5,943
provided for in division (B) of section 4141.01 of the Revised 5,944
Code or in similar provisions in the unemployment compensation 5,945
laws of such other states shall be deemed to be engaged in 5,946
employment performed entirely within this state or within one of 5,947
such other states or within Canada, and whereby potential rights 5,948
to benefits accumulated under the unemployment compensation laws 5,949
of several states or under such a law of the United States, or 5,950
both, or of Canada may constitute the basis for the payment of 5,951
benefits through a single appropriate agency under terms that the 5,952
administrator finds will be fair and reasonable as to all 5,953
affected interests and will not result in any substantial loss to 5,954
the unemployment compensation fund. 5,955
(E) The administrator may enter into agreements with the 5,957
appropriate agencies of other states or of the United States or 5,958
Canada: 5,959
(1) Whereby services or wages upon the basis of which an 5,961
individual may become entitled to benefits under the unemployment 5,962
compensation law of another state or of the United States or 5,963
Canada shall be deemed to be employment or wages for employment 5,964
by employers for the purposes of qualifying claimants for 5,965
benefits under this chapter, and the administrator may estimate 5,966
the number of weeks of employment represented by the wages 5,967
reported to the administrator for such claimants by such other 5,968
agency, provided such other state agency or agency of the United 5,970
144
States or Canada has agreed to reimburse the unemployment 5,971
compensation fund for such portion of benefits paid under this 5,972
chapter upon the basis of such services or wages as the 5,973
administrator finds will be fair and reasonable as to all 5,974
affected interests;
(2) Whereby the administrator will reimburse other state 5,976
or federal or Canadian agencies charged with the administration 5,977
of unemployment compensation laws with such reasonable portion of 5,978
benefits, paid under the law of such other states or of the 5,979
United States or of Canada upon the basis of employment or wages 5,980
for employment by employers, as the administrator finds will be 5,981
fair and reasonable as to all affected interests. Reimbursements 5,982
so payable shall be deemed to be benefits for the purpose of 5,983
section 4141.09 and division (A) of section 4141.30 of the 5,984
Revised Code. However, no reimbursement so payable shall be 5,985
charged against any employer's account for the purposes of 5,986
section 4141.24 of the Revised Code if the employer's account, 5,987
under the same or similar circumstances, with respect to benefits 5,988
charged under the provisions of this chapter, other than this 5,990
section, would not be charged or, if the claimant at the time the 5,991
claimant files the combined wage claim cannot establish benefit 5,992
rights under this chapter. This noncharging shall not be 5,993
applicable to a nonprofit organization that has elected to make 5,994
payments in lieu of contributions under section 4141.241 of the 5,995
Revised Code, except as provided in division (C)(D)(2) of section 5,997
4141.33 4141.24 of the Revised Code. The administrator may make 5,999
to other state or federal or Canadian agencies and receive from 6,000
such other state or federal or Canadian agencies reimbursements 6,001
from or to the unemployment compensation fund, in accordance with 6,002
arrangements pursuant to this section. 6,003
(3) Notwithstanding division (B)(2)(f) of section 4141.01 6,005
of the Revised Code, the administrator may enter into agreements 6,006
with other states whereby services performed for a crew leader, 6,007
as defined in division (BB) of section 4141.01 of the Revised 6,008
145
Code, may be covered in the state in which the crew leader 6,009
either: 6,010
(a) Has his or her THE CREW LEADER'S place of business or 6,012
from which his or her THE CREW LEADER'S business is operated or 6,014
controlled;
(b) Has his or her residence RESIDES if he or she THE CREW 6,017
LEADER has no place of business in any state. 6,018
(F) The administrator may apply for an advance to the 6,020
unemployment compensation fund and do all things necessary or 6,021
required to obtain such advance and arrange for the repayment of 6,022
such advance in accordance with Title XII of the "Social Security 6,023
Act" as amended. 6,024
(G) The administrator may enter into reciprocal agreements 6,026
or arrangements with the appropriate agencies of other states in 6,027
regard to services on vessels engaged in interstate or foreign 6,028
commerce whereby such services for a single employer, wherever 6,029
performed, shall be deemed performed within this state or within 6,030
such other states. 6,031
(H) The administrator shall participate in any 6,033
arrangements for the payment of compensation on the basis of 6,034
combining an individual's wages and employment, covered under 6,035
this chapter, with the individual's wages and employment covered 6,036
under the unemployment compensation laws of other states which 6,038
are approved by the United States secretary of labor in 6,039
consultation with the state unemployment compensation agencies as 6,040
reasonably calculated to assure the prompt and full payment of 6,041
compensation in such situations and which include provisions for: 6,042
(1) Applying the base period of a single state law to a 6,044
claim involving the combining of an individual's wages and 6,045
employment covered under two or more state unemployment 6,046
compensation laws, and 6,047
(2) Avoiding the duplicate use of wages and employment by 6,049
reason of such combining. 6,050
(I) The administrator shall cooperate with the United 6,052
146
States department of labor to the fullest extent consistent with 6,053
this chapter, and shall take such action, through the adoption of 6,054
appropriate rules, regulations, and administrative methods and 6,055
standards, as may be necessary to secure to this state and its 6,056
citizens all advantages available under the provisions of the 6,057
"Social Security Act" that relate to unemployment compensation, 6,058
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,059
U.S.C.A. 3301 TO 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,061
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,062
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306. 6,063
Sec. 4582.31. A port authority created in accordance with 6,072
section 4582.22 of the Revised Code may: 6,073
(A) Adopt bylaws for the regulation of its affairs and the 6,075
conduct of its business; 6,076
(B) Adopt an official seal; 6,078
(C) Maintain a principal office within its jurisdiction, 6,080
and maintain such branch offices as it may require; 6,081
(D) Acquire, purchase, construct, reconstruct, enlarge, 6,083
furnish, equip, maintain, repair, sell, exchange, lease or rent 6,084
to, lease or rent from, or operate port authority facilities; 6,085
(E) Straighten, deepen, and improve any channel, river, 6,087
stream, or other water course or way which may be necessary or 6,088
proper in the development of the facilities of a water port; 6,089
(F) Make available the use or services of any port 6,091
authority facility to one or more persons, one or more 6,092
governmental agencies, or any combination thereof; 6,093
(G) Issue bonds or notes for the acquisition or 6,095
construction of any port authority facility or other permanent 6,096
improvement which a port authority is authorized to acquire or 6,097
construct, in compliance with Chapter 133. of the Revised Code, 6,098
except that such bonds or notes may only be issued pursuant to a 6,099
vote of the electors residing within the area of jurisdiction of 6,100
the port authority. The net indebtedness incurred by a port 6,101
authority shall never exceed two per cent of the total value of 6,102
147
all property within the territory comprising such port authority 6,103
as listed and assessed for taxation. 6,104
(H) Issue port authority revenue bonds beyond the limit of 6,106
bonded indebtedness provided by law, payable solely from revenues 6,107
as provided in section 4582.48 of the Revised Code, unless the 6,108
bonds be refunded by refunding bonds, for the purpose of 6,109
providing funds to pay the costs of any port authority facility 6,110
or facilities or parts thereof, pursuant to Section 13 of Article 6,111
VIII, Ohio Constitution, and in order to create or preserve jobs 6,112
and employment opportunities and improve the economic welfare of 6,113
the people of the state; 6,114
(I) Apply to the proper authorities of the United States 6,116
pursuant to appropriate law for the right to establish, operate, 6,117
and maintain foreign trade zones within the area of jurisdiction 6,118
of the port authority and to establish, operate, and maintain 6,119
such foreign trade zones IN ACCORDANCE WITH THE "FOREIGN TRADE 6,121
ZONES ACT," 48 STAT. 998 (1934), 19 U.S.C. 81a TO 81u; 6,122
(J) Enjoy and possess the same rights, privileges, and 6,124
powers granted municipal corporations under sections 721.04 to 6,125
721.11 of the Revised Code; 6,126
(K) Maintain such funds as it considers necessary; 6,128
(L) Direct its agents or employees, when properly 6,130
identified in writing, and after at least five days' written 6,131
notice, to enter upon lands within the confines of its 6,132
jurisdiction in order to make surveys and examinations 6,133
preliminary to location and construction of works for the 6,134
purposes of the port authority, without liability of the port 6,135
authority or its agents or employees except for actual damage 6,136
done; 6,137
(M) Promote, advertise, and publicize the port authority 6,139
and its facilities; provide information to shippers and other 6,140
commercial interests; and appear before rate-making authorities 6,141
to represent and promote the interests of the port authority.; 6,142
(N) Adopt rules, not in conflict with general law, 6,144
148
governing the use of its property, grounds, buildings, equipment, 6,145
and facilities, and governing the conduct of its employees and 6,146
the public, in order to promote the public safety and convenience 6,147
in and about its facilities and grounds, and to maintain order. 6,148
Any such rule shall be posted at a prominent place in each of the 6,149
facilities to which it applies. No person shall violate any 6,150
lawful rule adopted and posted as provided in this division. 6,151
(O) Acquire by gift or purchase, hold, lease, and dispose 6,153
of real and personal property and interests therein in the 6,154
exercise of the powers of the port authority and the performance 6,155
of its duties under sections 4582.21 to 4582.59 of the Revised 6,156
Code; 6,157
(P) Acquire, in the name of the port authority, by 6,159
purchase or otherwise, on such terms and in such manner as the 6,160
port authority finds proper, or by the exercise of the right of 6,161
condemnation in the manner provided by section 4582.56 of the 6,162
Revised Code, such public or private lands, including public 6,163
parks, playgrounds, or reservations, or parts thereof or rights 6,164
therein, rights-of-way, property, rights, easements, and 6,165
interests as it finds necessary for carrying out sections 4582.21 6,166
to 4582.59 of the Revised Code, and compensation shall be paid 6,167
for public or private lands so taken; 6,168
(Q) Make and enter into all contracts and agreements and 6,170
execute all instruments necessary or incidental to the 6,171
performance of its duties and the execution of its powers under 6,172
sections 4582.21 to 4582.59 of the Revised Code. 6,173
(1) When the cost under any such contract or agreement, 6,175
other than compensation for personal services, involves an 6,176
expenditure of more than ten thousand dollars, the port authority 6,177
shall make a written contract with the lowest responsive and 6,178
responsible bidder, in accordance with section 9.312 of the 6,179
Revised Code, after advertisement once a week for not less than 6,180
two consecutive weeks in a newspaper of general circulation in 6,181
the county where the facility is located, and in such other 6,182
149
publications as the port authority determines, which notice shall 6,183
state the general character of the work and the general character 6,184
of the materials to be furnished, the place where plans and 6,185
specifications therefor may be examined, and the time and place 6,186
of receiving bids; provided, that a contract or lease for the 6,187
operation of a port authority facility constructed and owned by 6,188
the port authority or an agreement for cooperation in the 6,189
acquisition or construction of a port authority facility pursuant 6,190
to section 4582.43 of the Revised Code or any contract for the 6,191
construction of a port authority facility that is to be leased by 6,192
the port authority to, and operated by, persons who are not 6,193
governmental agencies and the cost of such facility is to be 6,194
amortized exclusively from rentals or other charges paid to the 6,195
port authority by persons who are not governmental agencies is 6,196
not subject to the foregoing requirements and the port authority 6,197
may enter into such contract, lease, or agreement pursuant to 6,198
negotiation and upon such terms and conditions and for such 6,199
period as it finds to be reasonable and proper in the 6,200
circumstances and in the best interests of proper operation or of 6,201
efficient acquisition or construction of such facility. 6,202
(2) Each bid shall contain the full name of every person 6,204
interested in it and shall be accompanied by a sufficient bond or 6,205
certified check on a solvent bank that if the bid is accepted a 6,206
contract will be entered into and the performance thereof 6,207
secured. 6,208
(3) The port authority may reject any and all bids. 6,210
(4) A bond with good and sufficient surety, approved by 6,212
the port authority, shall be required of all contractors in an 6,213
amount equal to at least fifty per cent of the contract price, 6,214
conditioned upon the faithful performance of the contract. 6,215
(R) Employ managers, superintendents, and other employees 6,217
and retain or contract with consulting engineers, financial 6,218
consultants, accounting experts, architects, attorneys, and such 6,219
other consultants and independent contractors as are necessary in 6,220
150
its judgment to carry out this chapter, and fix the compensation 6,221
thereof. All expenses thereof shall be payable from any 6,222
available funds of the port authority or from funds appropriated 6,223
for such purpose by a political subdivision creating or 6,224
participating in the creation of the port authority. 6,225
(S) Receive and accept from any federal agency grants for 6,227
or in aid of the construction of any port authority facility or 6,228
for research and development with respect to port authority 6,229
facilities, and receive and accept aid or contributions from any 6,230
source of money, property, labor, or other things of value, to be 6,231
held, used, and applied only for the purposes for which such 6,232
grants and contributions are made; 6,233
(T) Engage in research and development with respect to 6,235
port authority facilities; 6,236
(U) Purchase fire and extended coverage and liability 6,238
insurance for any port authority facility and for the principal 6,239
office and branch offices of the port authority, insurance 6,240
protecting the port authority and its officers and employees 6,241
against liability for damage to property or injury to or death of 6,242
persons arising from its operations, and any other insurance the 6,243
port authority may agree to provide under any resolution 6,244
authorizing its port authority revenue bonds or in any trust 6,245
agreement securing the same; 6,246
(V) Charge, alter, and collect rentals and other charges 6,248
for the use or services of any port authority facility as 6,249
provided in section 4582.43 of the Revised Code; 6,250
(W) Provide coverage for its employees under Chapters 6,252
145., 4123., and 4141. of the Revised Code; 6,253
(X) Do all acts necessary or proper to carry out the 6,255
powers expressly granted in sections 4582.21 to 4582.59 of the 6,256
Revised Code. 6,257
Section 2. That existing sections 2743.55, 4141.01, 6,259
4141.05, 4141.06, 4141.07, 4141.09, 4141.16, 4141.17, 4141.20, 6,260
4141.21, 4141.22, 4141.24, 4141.241, 4141.25, 4141.26, 4141.28, 6,262
151
4141.29, 4141.291, 4141.301, 4141.312, 4141.33, 4141.35, 4141.43,
and 4582.31 and sections 4141.043 and 4141.251 of the Revised 6,265
Code are hereby repealed.
Section 3. Section 4141.29 of the Revised Code is 6,267
presented in this act as a composite of the section as amended by 6,268
both Am. Sub. H.B. 571 and S.B. 303 of the 120th General 6,269
Assembly, with the new language of neither of the acts shown in 6,270
capital letters. Section 4141.33 of the Revised Code is 6,271
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 6,272
Assembly, with the new language of neither of the acts shown in 6,273
capital letters. Section 4141.43 of the Revised Code is 6,274
presented in this act as a composite of the section as amended by 6,275
both Am. Sub. S.B. 162 and Am. Sub. H.B. 275 of the 121st General 6,276
Assembly, with the new language of neither of the acts shown in 6,278
capital letters. This is in recognition of the principle stated 6,279
in division (B) of section 1.52 of the Revised Code that such 6,280
amendments are to be harmonized where not substantively 6,281
irreconcilable and constitutes a legislative finding that such is 6,282
the resulting version in effect prior to the effective date of 6,283
this act.
Section 4. This act is hereby declared to be an emergency 6,285
measure necessary for the immediate preservation of the public 6,286
peace, health, and safety. The reason for such necessity is to 6,287
reduce the current tax burden for unemployment compensation upon 6,288
certain employers of the state. Therefore, this act shall go 6,289
into immediate effect. 6,290