As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 470 5
1999-2000 6
REPRESENTATIVE HARRIS 8
_________________________________________________________________ 9
A B I L L
To amend sections 119.01, 119.03, 121.02, 121.03, 11
121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 12
149.01, 153.06, 307.86, 307.981, 307.982, 13
307.983, 307.984, 307.985, 307.986, 329.011,
329.04, 329.05, 329.06, 2151.011, 2301.357, 14
2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 15
4141.046, 4141.06, 4141.08, 4141.10, 4141.13, 16
4141.162, 4141.21, 4141.22, 4141.28, 5101.01,
5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 17
5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 18
5101.25, 5101.35, 5101.37, 5101.38, 5101.56,
5101.97, and 5103.02; to amend, for the purpose 19
of adopting new section numbers as indicated in 20
parentheses, sections 307.984 (307.985), 307.985 21
(307.986), 307.986 (307.987), and 307.987
(307.988); to enact new section 307.984 and 22
sections 124.301, 307.989, 329.061, 330.01, 23
330.02, 330.03, 330.07, 763.01, 763.02, 763.05,
763.07, 5101.051, 5101.09, 5101.213, 5101.214, 24
5101.351, 6301.01, 6301.02, 6301.03, 6301.04, 25
6301.05, 6301.06, 6301.07, and 6301.08; and to
repeal sections 4141.02, 4141.03, 4141.05, 26
4141.057, 4141.12, 4141.15, 4141.16, 4141.161, 27
4141.163, 4141.44, 5101.07, 5101.12, 5101.13, 28
5101.39, 5101.40, 5101.41, 5103.01, 5103.05,
5103.06, 5103.09, 5103.10, 5103.11, 5103.18, and 29
5103.19 of the Revised Code and to amend Section 30
30 of Am. Sub. H.B. 283 of the 123rd General 31
2
Assembly to transfer the functions of the Bureau
of Employment Services to the Department of Job 32
and Family Services and the Department of 33
Commerce, rename the Department of Human Services 34
and the county departments of human services,
implement the federal "Workforce Investment Act 35
of 1998" and make other changes to the law 36
governing job and family services, to maintain 37
the provisions of this act on and after April 1, 38
2001, by amending the version of section 119.03
of the Revised Code that takes effect on that 39
date, to maintain the provisions of this act on 40
and after April 1, 2002, by amending the version
of section 119.03 of the Revised Code that takes 41
effect on that date, and to make an
appropriation. 42
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 44
Section 1. That sections 119.01, 119.03, 121.02, 121.03, 46
121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 153.06, 47
307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 48
329.011, 329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02, 49
3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08, 50
4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01, 51
5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211, 52
5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38, 53
5101.56, 5101.97, and 5103.02 be amended, sections 307.984 54
(307.985), 307.985 (307.986), 307.986 (307.987), and 307.987 55
(307.988) be amended for the purpose of adopting new section 56
numbers as indicated in parentheses, and new section 307.984 and 57
sections 124.301, 307.989, 329.061, 330.01, 330.02, 330.03, 58
330.07, 763.01, 763.02, 763.05, 763.07, 5101.051, 5101.09, 59
5101.213, 5101.214, 5101.351, 6301.01, 6301.02, 6301.03, 6301.04, 60
3
6301.05, 6301.06, 6301.07, and 6301.08 of the Revised Code be 61
enacted to read as follows:
Sec. 119.01. As used in sections 119.01 to 119.13 of the 70
Revised Code: 71
(A)(1) "Agency" means, except as limited by this division, 73
any official, board, or commission having authority to promulgate 74
rules or make adjudications in the bureau of employment services, 75
the civil service commission, the department or, on and after 76
July 1, 1997, the division of liquor control, the department of 77
taxation, the industrial commission, the bureau of workers' 78
compensation, the functions of any administrative or executive 79
officer, department, division, bureau, board, or commission of 80
the government of the state specifically made subject to sections 81
119.01 to 119.13 of the Revised Code, and the licensing functions 82
of any administrative or executive officer, department, division, 83
bureau, board, or commission of the government of the state 84
having the authority or responsibility of issuing, suspending, 85
revoking, or canceling licenses. 86
Except as otherwise provided in division (I) of this 89
section, sections 119.01 to 119.13 of the Revised Code do not 90
apply to the public utilities commission. Sections 119.01 to 91
119.13 of the Revised Code do not apply to the utility 92
radiological safety board; to the controlling board; to actions 93
of the superintendent of financial institutions and the
superintendent of insurance in the taking possession of, and 95
rehabilitation or liquidation of, the business and property of 96
banks, savings and loan associations, savings banks, credit 97
unions, insurance companies, associations, reciprocal fraternal 98
benefit societies, and bond investment companies; or to any 99
action that may be taken by the superintendent of financial 100
institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 101
1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 103
1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,
1733.412, or 1761.03 of the Revised Code. 104
4
Sections 119.01 to 119.13 of the Revised Code do not apply 107
to actions of the industrial commission or the bureau of workers' 108
compensation under sections 4123.01 to 4123.94 of the Revised 109
Code with respect to all matters of adjudication, and to the 110
actions of the industrial commission and bureau of workers' 111
compensation under division (D) of section 4121.32 and sections 112
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
4123.442, and divisions (B), (C), and (E) of section 4131.14 of 114
the Revised Code.
Sections 119.01 to 119.13 of the Revised Code do not apply 117
to actions of the bureau of employment services, except those 118
relating (2) "AGENCY" ALSO MEANS ANY OFFICIAL OR WORK UNIT 119
HAVING AUTHORITY TO PROMULGATE RULES OR MAKE ADJUDICATIONS IN THE 120
DEPARTMENT OF JOB AND FAMILY SERVICES, BUT ONLY WITH RESPECT to 121
all BOTH of the following: 122
(1)(a) The adoption, amendment, or rescission of rules 125
THAT SECTION 5101.09 OF THE REVISED CODE REQUIRES BE ADOPTED IN
ACCORDANCE WITH THIS CHAPTER; 126
(2)(b) The issuance, suspension, revocation, or 128
cancellation of licenses; 129
(3) Any hearing held pursuant to sections 4115.03 to 131
4115.16 of the Revised Code or Chapter 4109. or 4111. of the 133
Revised Code.
(B) "License" means any license, permit, certificate, 135
commission, or charter issued by any agency. "License" does not 136
include any arrangement whereby a person, institution, or entity 137
furnishes medicaid services under a provider agreement with the 138
department of human JOB AND FAMILY services pursuant to Title XIX 140
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 141
as amended.
(C) "Rule" means any rule, regulation, or standard, having 143
a general and uniform operation, adopted, promulgated, and 144
enforced by any agency under the authority of the laws governing 145
such agency, and includes any appendix to a rule. "Rule" does 146
5
not include any internal management rule of an agency unless the 147
internal management rule affects private rights and does not 148
include any guideline adopted pursuant to section 3301.0714 of 149
the Revised Code. 150
(D) "Adjudication" means the determination by the highest 152
or ultimate authority of an agency of the rights, duties, 153
privileges, benefits, or legal relationships of a specified 154
person, but does not include the issuance of a license in 155
response to an application with respect to which no question is 156
raised, nor other acts of a ministerial nature. 157
(E) "Hearing" means a public hearing by any agency in 159
compliance with procedural safeguards afforded by sections 119.01 160
to 119.13 of the Revised Code. 161
(F) "Person" means a person, firm, corporation, 163
association, or partnership. 164
(G) "Party" means the person whose interests are the 166
subject of an adjudication by an agency. 167
(H) "Appeal" means the procedure by which a person, 169
aggrieved by a finding, decision, order, or adjudication of any 170
agency, invokes the jurisdiction of a court. 171
(I) "Rule-making agency" means any board, commission, 173
department, division, or bureau of the government of the state 174
that is required to file proposed rules, amendments, or 175
rescissions under division (D) of section 111.15 of the Revised 176
Code and any agency that is required to file proposed rules, 177
amendments, or rescissions under divisions (B) and (H) of section 178
119.03 of the Revised Code. "Rule-making agency" includes the 179
public utilities commission. "Rule-making agency" does not 181
include any state-supported college or university. 182
(J) "Substantive revision" means any addition to, 184
elimination from, or other change in a rule, an amendment of a 185
rule, or a rescission of a rule, whether of a substantive or 186
procedural nature, that changes any of the following: 187
(1) That which the rule, amendment, or rescission permits, 189
6
authorizes, regulates, requires, prohibits, penalizes, rewards, 190
or otherwise affects; 191
(2) The scope or application of the rule, amendment, or 193
rescission. 194
(K) "Internal management rule" means any rule, regulation, 196
or standard governing the day-to-day staff procedures and 197
operations within an agency. 198
Sec. 119.03. In the adoption, amendment, or rescission of 207
any rule, an agency shall comply with the following procedure: 208
(A) Reasonable public notice shall be given in the 210
register of Ohio at least thirty days prior to the date set for a 212
hearing, in the form the agency determines. The agency shall 213
file copies of the public notice under division (B) of this 214
section. (The agency gives public notice in the register of Ohio 215
when the public notice is published in the register under that 216
division.)
The public notice shall include: 218
(1) A statement of the agency's intention to consider 220
adopting, amending, or rescinding a rule; 221
(2) A synopsis of the proposed rule, amendment, or rule to 223
be rescinded or a general statement of the subject matter to 224
which the proposed rule, amendment, or rescission relates; 225
(3) A statement of the reason or purpose for adopting, 227
amending, or rescinding the rule; 228
(4) The date, time, and place of a hearing on the proposed 230
action, which shall be not earlier than the thirty-first nor 232
later than the fortieth day after the proposed rule, amendment, 234
or rescission is filed under division (B) of this section. 235
In addition to public notice given in the register of Ohio, 238
the agency may give whatever other notice it reasonably considers 240
necessary to ensure notice constructively is given to all persons 241
who are subject to or affected by the proposed rule, amendment, 242
or rescission.
The agency shall provide a copy of the public notice 245
7
required under division (A) of this section to any person who 246
requests it and pays a reasonable fee, not to exceed the cost of 247
copying and mailing. 248
(B) One copy of the full text of the proposed rule, 250
amendment, or rule to be rescinded, accompanied by one copy of 251
the public notice required under division (A) of this section, 252
shall be filed with the secretary of state. Two copies of the 253
full text of the proposed rule, amendment, or rule to be 254
rescinded, accompanied by two copies of the public notice 255
required under division (A) of this section, shall be filed with 256
the director of the legislative service commission. (If in 257
compliance with this division an agency files more than one 258
proposed rule, amendment, or rescission at the same time, and has 259
prepared a public notice under division (A) of this section that 262
applies to more than one of the proposed rules, amendments, or 263
rescissions, the agency shall file only one copy of the notice 264
with the secretary of state and only two copies of the notice 265
with the director for all of the proposed rules, amendments, or 266
rescissions to which the notice applies.) The proposed rule, 267
amendment, or rescission and public notice shall be filed as 268
required by this division at least sixty-five days prior to the 270
date on which the agency, in accordance with division (D) of this 271
section, issues an order adopting the proposed rule, amendment, 272
or rescission. 273
The proposed rule, amendment, or rescission shall be 276
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 277
form without charge to any person affected by the proposal. 278
Failure to furnish such text to any person requesting it shall 279
not invalidate any action of the agency in connection therewith. 280
If the agency files a substantive revision in the text of 282
the proposed rule, amendment, or rescission under division (H) of 283
this section, it shall also promptly file one copy of the full 284
text of the proposed rule, amendment, or rescission in its 285
8
revised form with the secretary of state and two copies thereof 286
with the director of the legislative service commission. 287
The agency shall attach a copy of the rule summary and 290
fiscal analysis prepared under section 121.24 or 127.18 of the 291
Revised Code, or both, to each copy of a proposed rule, 292
amendment, or rescission or proposed rule, amendment, or 293
rescission in revised form that is filed with the secretary of 294
state or the director of the legislative service commission. 295
The director of the legislative service commission shall 297
publish in the register of Ohio the full text of the original and 299
each revised version of a proposed rule, amendment, or 300
rescission; the full text of a public notice; and the full text 302
of a rule summary and fiscal analysis that is filed with the 303
director under this division.
(C) On the date and at the time and place designated in 305
the notice, the agency shall conduct a public hearing at which 306
any person affected by the proposed action of the agency may 307
appear and be heard in person, by the person's attorney, or both, 309
may present the person's position, arguments, or contentions, 310
orally or in writing, offer and examine witnesses, and present 312
evidence tending to show that the proposed rule, amendment, or 313
rescission, if adopted or effectuated, will be unreasonable or 314
unlawful. An agency may permit persons affected by the proposed 315
rule, amendment, or rescission to present their positions, 316
arguments, or contentions in writing, not only at the hearing, 317
but also for a reasonable period before, after, or both before 318
and after the hearing. A person who presents a position or 319
arguments or contentions in writing before or after the hearing 320
is not required to appear at the hearing. 321
At the hearing, the testimony shall be recorded. Such 323
record shall be made at the expense of the agency. The agency is 326
required to transcribe a record that is not sight readable only 327
if a person requests transcription of all or part of the record 328
and agrees to reimburse the agency for the costs of the 329
9
transcription. An agency may require the person to pay in 330
advance all or part of the cost of the transcription. 331
In any hearing under this section the agency may administer 333
oaths or affirmations. 334
(D) After complying with divisions (A), (B), (C), and (H) 336
of this section, and when the time for legislative review and 337
invalidation under division (I) of this section has expired, the 338
agency may issue an order adopting the proposed rule or the 339
proposed amendment or rescission of the rule, consistent with the 340
synopsis or general statement included in the public notice. At 341
that time the agency shall designate the effective date of the 342
rule, amendment, or rescission, which shall not be earlier than 343
the tenth day after the rule, amendment, or rescission has been 344
filed in its final form as provided in section 119.04 of the 345
Revised Code. 346
(E) Prior to the effective date of a rule, amendment, or 348
rescission, the agency shall make a reasonable effort to inform 349
those affected by the rule, amendment, or rescission and to have 350
available for distribution to those requesting it the full text 351
of the rule as adopted or as amended. 352
(F) If the governor, upon the request of an agency, 354
determines that an emergency requires the immediate adoption, 355
amendment, or rescission of a rule, the governor shall issue a 357
written order, a copy of which shall be filed with the secretary 358
of state, the director of the legislative service commission, and 359
the joint committee on agency rule review, that the procedure 360
prescribed by this section with respect to the adoption, 361
amendment, or rescission of a specified rule is suspended. The 362
agency may then adopt immediately the emergency rule, amendment, 363
or rescission and it becomes effective on the date copies of the 364
rule, amendment, or rescission, in final form and in compliance 365
with division (A)(2) of section 119.04 of the Revised Code, are 366
filed as follows: two certified copies of the emergency rule, 367
amendment, or rescission shall be filed with both the secretary 368
10
of state and the director of the legislative service commission, 369
and one certified copy of the emergency rule, amendment, or 370
rescission shall be filed with the joint committee on agency rule 371
review. If all copies are not filed on the same day, the 372
emergency rule, amendment, or rescission shall be effective on 373
the day on which the latest filing is made. The director shall 374
publish the full text of the emergency rule, amendment, or 375
rescission in the register of Ohio. 376
The emergency rule, amendment, or rescission shall become 379
invalid at the end of the ninetieth day it is in effect. Prior 380
to that date the agency may adopt the emergency rule, amendment, 381
or rescission as a nonemergency rule, amendment, or rescission by 382
complying with the procedure prescribed by this section for the 383
adoption, amendment, and rescission of nonemergency rules. The 384
agency shall not use the procedure of this division to readopt 385
the emergency rule, amendment, or rescission so that, upon the 386
emergency rule, amendment, or rescission becoming invalid under 387
this division, the emergency rule, amendment, or rescission will 388
continue in effect without interruption for another ninety-day 389
period.
This division does not apply to the adoption of any 391
emergency rule, amendment, or rescission by the tax commissioner 392
under division (C)(2) of section 5117.02 of the Revised Code. 393
(G) Rules adopted by an authority within the department of 395
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 396
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 397
DEPARTMENT of employment services TAXATION shall be effective 399
without a hearing as provided by this section if the statutes 400
pertaining to such agency specifically give a right of appeal to 401
the board of tax appeals or to a higher authority within the 402
agency or to a court, and also give the appellant a right to a 403
hearing on such appeal. This division does not apply to the 404
adoption of any rule, amendment, or rescission by the tax 405
commissioner under division (C)(1) or (2) of section 5117.02 of 406
11
the Revised Code, or deny the right to file an action for 407
declaratory judgment as provided in Chapter 2721. of the Revised 408
Code from the decision of the board of tax appeals or of the 409
higher authority within such agency. 410
(H) When any agency files a proposed rule, amendment, or 412
rescission under division (B) of this section, it shall also file 413
with the joint committee on agency rule review two copies of the 414
full text of the proposed rule, amendment, or rule to be 415
rescinded in the same form and two copies of the public notice 416
required under division (A) of this section. (If in compliance 417
with this division an agency files more than one proposed rule, 418
amendment, or rescission at the same time, and has given a public 419
notice under division (A) of this section that applies to more 420
than one of the proposed rules, amendments, or rescissions, the 421
agency shall file only two copies of the notice with the joint 422
committee for all of the proposed rules, amendments, or 423
rescissions to which the notice applies.) If the agency makes a 424
substantive revision in a proposed rule, amendment, or rescission 425
after it is filed with the joint committee, the agency shall 426
promptly file two copies of the full text of the proposed rule, 427
amendment, or rescission in its revised form with the joint 428
committee. The latest version of a proposed rule, amendment, or 429
rescission as filed with the joint committee supersedes each 430
earlier version of the text of the same proposed rule, amendment, 431
or rescission. An agency shall attach one copy of the rule 432
summary and fiscal analysis prepared under section 121.24 or 433
127.18 of the Revised Code, or both, to each copy of a proposed 434
rule, amendment, or rescission, and to each copy of a proposed 435
rule, amendment, or rescission in revised form, that is filed 436
under this division. 437
This division does not apply to: 439
(1) An emergency rule, amendment, or rescission; 441
(2) Any proposed rule, amendment, or rescission that must 443
be adopted verbatim by an agency pursuant to federal law or rule, 444
12
to become effective within sixty days of adoption, in order to 445
continue the operation of a federally reimbursed program in this 446
state, so long as the proposed rule contains both of the 447
following: 448
(a) A statement that it is proposed for the purpose of 450
complying with a federal law or rule; 451
(b) A citation to the federal law or rule that requires 453
verbatim compliance. 454
If a rule or amendment is exempt from legislative review 456
under division (H)(2) of this section, and if the federal law or 457
rule pursuant to which the rule or amendment was adopted expires, 458
is repealed or rescinded, or otherwise terminates, the rule or 460
amendment, or its rescission, is thereafter subject to 461
legislative review under division (H) of this section. 463
(I)(1) The joint committee on agency rule review may 465
recommend the adoption of a concurrent resolution invalidating a 466
proposed rule, amendment, rescission, or part thereof if it finds 467
any of the following: 468
(a) That the rule-making agency has exceeded the scope of 470
its statutory authority in proposing the rule, amendment, or 471
rescission; 472
(b) That the proposed rule, amendment, or rescission 474
conflicts with another rule, amendment, or rescission adopted by 475
the same or a different rule-making agency; 476
(c) That the proposed rule, amendment, or rescission 478
conflicts with the legislative intent in enacting the statute 479
under which the rule-making agency proposed the rule, amendment, 480
or rescission; 481
(d) That the rule-making agency has failed to prepare a 483
complete and accurate rule summary and fiscal analysis of the 484
proposed rule, amendment, or rescission as required by section 485
121.24 or 127.18 of the Revised Code, or both. 486
The joint committee shall not hold its public hearing on a 488
proposed rule, amendment, or rescission earlier than the 489
13
forty-first day after the original version of the proposed rule, 490
amendment, or rescission was filed with the joint committee. 491
The house of representatives and senate may adopt a 493
concurrent resolution invalidating a proposed rule, amendment, 494
rescission, or part thereof. The concurrent resolution shall 495
state which of the specific rules, amendments, rescissions, or 496
parts thereof are invalidated. A concurrent resolution 497
invalidating a proposed rule, amendment, or rescission shall be 498
adopted not later than the sixty-fifth day after the original 501
version of the text of the proposed rule, amendment, or 502
rescission is filed with the joint committee, except that if more 503
than thirty-five days after the original version is filed the 505
rule-making agency either files a revised version of the text of 506
the proposed rule, amendment, or rescission, or revises the rule 507
summary and fiscal analysis in accordance with division (I)(4) of 508
this section, a concurrent resolution invalidating the proposed 509
rule, amendment, or rescission shall be adopted not later than 510
the thirtieth day after the revised version of the proposed rule 512
or rule summary and fiscal analysis is filed. If, after the 513
joint committee on agency rule review recommends the adoption of 514
a concurrent resolution invalidating a proposed rule, amendment, 515
rescission, or part thereof, the house of representatives or 516
senate does not, within the time remaining for adoption of the 517
concurrent resolution, hold five floor sessions at which its 518
journal records a roll call vote disclosing a sufficient number 519
of members in attendance to pass a bill, the time within which 520
that house may adopt the concurrent resolution is extended until 521
it has held five such floor sessions. 522
Within five days after the adoption of a concurrent 524
resolution invalidating a proposed rule, amendment, rescission, 525
or part thereof, the clerk of the senate shall send the 526
rule-making agency, the secretary of state, and the director of 527
the legislative service commission a certified copy of the 528
resolution together with a certification stating the date on 529
14
which the resolution takes effect. The secretary of state and 530
the director of the legislative service commission shall each 531
note the invalidity of the proposed rule, amendment, rescission, 532
or part thereof on their copies, and shall each remove the 534
invalid proposed rule, amendment, rescission, or part thereof 535
from the file of proposed rules. The rule-making agency shall 536
not proceed to adopt in accordance with division (D) of this 537
section, or to file in accordance with division (B)(1) of section 538
111.15 of the Revised Code, any version of a proposed rule, 539
amendment, rescission, or part thereof that has been invalidated 540
by concurrent resolution. 541
Unless the house of representatives and senate adopt a 543
concurrent resolution invalidating a proposed rule, amendment, 544
rescission, or part thereof within the time specified by this 545
division, the rule-making agency may proceed to adopt in 546
accordance with division (D) of this section, or to file in 547
accordance with division (B)(1) of section 111.15 of the Revised 548
Code, the latest version of the proposed rule, amendment, or 549
rescission as filed with the joint committee. If by concurrent 550
resolution certain of the rules, amendments, rescissions, or 551
parts thereof are specifically invalidated, the rule-making 552
agency may proceed to adopt, in accordance with division (D) of 553
this section, or to file in accordance with division (B)(1) of 554
section 111.15 of the Revised Code, the latest version of the 555
proposed rules, amendments, rescissions, or parts thereof as 556
filed with the joint committee that are not specifically 557
invalidated. The rule-making agency may not revise or amend any 558
proposed rule, amendment, rescission, or part thereof that has 559
not been invalidated except as provided in this chapter or in 560
section 111.15 of the Revised Code. 561
(2)(a) A proposed rule, amendment, or rescission that is 563
filed with the joint committee under division (H) of this section 564
or division (D) of section 111.15 of the Revised Code shall be 565
carried over for legislative review to the next succeeding 566
15
regular session of the general assembly if the original or any 567
revised version of the proposed rule, amendment, or rescission is 568
filed with the joint committee on or after the first day of 569
December of any year. 570
(b) The latest version of any proposed rule, amendment, or 572
rescission that is subject to division (I)(2)(a) of this section, 573
as filed with the joint committee, is subject to legislative 574
review and invalidation in the next succeeding regular session of 575
the general assembly in the same manner as if it were the 576
original version of a proposed rule, amendment, or rescission 577
that had been filed with the joint committee for the first time 578
on the first day of the session. A rule-making agency shall not 579
adopt in accordance with division (D) of this section, or file in 580
accordance with division (B)(1) of section 111.15 of the Revised 581
Code, any version of a proposed rule, amendment, or rescission 582
that is subject to division (I)(2)(a) of this section until the 583
time for legislative review and invalidation, as contemplated by 584
division (I)(2)(b) of this section, has expired. 585
(3) Invalidation of any version of a proposed rule, 587
amendment, rescission, or part thereof by concurrent resolution 588
shall prevent the rule-making agency from instituting or 589
continuing proceedings to adopt any version of the same proposed 590
rule, amendment, rescission, or part thereof for the duration of 591
the general assembly that invalidated the proposed rule, 592
amendment, rescission, or part thereof unless the same general 593
assembly adopts a concurrent resolution permitting the 594
rule-making agency to institute or continue such proceedings. 595
The failure of the general assembly to invalidate a 597
proposed rule, amendment, rescission, or part thereof under this 598
section shall not be construed as a ratification of the 599
lawfulness or reasonableness of the proposed rule, amendment, 600
rescission, or any part thereof or of the validity of the 601
procedure by which the proposed rule, amendment, rescission, or 602
any part thereof was proposed or adopted. 603
16
(4) In lieu of recommending a concurrent resolution to 605
invalidate a proposed rule, amendment, rescission, or part 606
thereof because the rule-making agency has failed to prepare a 607
complete and accurate fiscal analysis, the joint committee on 608
agency rule review may issue, on a one-time basis, for rules, 609
amendments, rescissions, or parts thereof that have a fiscal 610
effect on school districts, counties, townships, or municipal 611
corporations, a written finding that the rule summary and fiscal 612
analysis is incomplete or inaccurate and order the rule-making 613
agency to revise the rule summary and fiscal analysis and refile 614
it with the proposed rule, amendment, rescission, or part 615
thereof. If an emergency rule is filed as a nonemergency rule 616
before the end of the ninetieth day of the emergency rule's 617
effectiveness, and the joint committee issues a finding and 618
orders the rule-making agency to refile under division (I)(4) of 619
this section, the governor may also issue a written order stating 620
that the emergency rule shall remain in effect for an additional 621
sixty days after the ninetieth day of the emergency rule's 622
effectiveness. Copies of the governor's written orders shall be 623
filed in accordance with division (F) of this section. The joint 624
committee shall send the rule-making agency, the secretary of 625
state, and the director of the legislative service commission a 626
certified copy of the order to revise the rule summary and fiscal 627
analysis, which shall take immediate effect. 628
A written order issued under division (I)(4) of this 630
section shall prevent the rule-making agency from instituting or 631
continuing proceedings to adopt any version of the proposed rule, 632
amendment, rescission, or part thereof until the rule-making 633
agency revises the rule summary and fiscal analysis and refiles 634
it with the joint committee along with the proposed rule, 635
amendment, rescission, or part thereof. If the joint committee 636
finds the rule summary and fiscal analysis to be complete and 637
accurate, the joint committee shall issue a new written order 638
noting that the rule-making agency has revised and refiled a 639
17
complete and accurate rule summary and fiscal analysis. The 640
joint committee shall send the rule-making agency, the secretary 641
of state, and the director of the legislative service commission 642
a certified copy of this new order. The secretary of state and 643
the director of the legislative service commission shall each 644
attach this order to their copies of the proposed rule, 645
amendment, rescission, or part thereof. The rule-making agency 646
may then proceed to adopt in accordance with division (D) of this 647
section, or to file in accordance with division (B)(1) of section 648
111.15 of the Revised Code, the proposed rule, amendment, 649
rescission, or part thereof that was subject to the written 650
finding and order under division (I)(4) of this section. If the 651
joint committee determines that the revised rule summary and 652
fiscal analysis is still inaccurate or incomplete, the joint 653
committee shall recommend the adoption of a concurrent resolution 654
in accordance with division (I)(1) of this section. 655
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001. 657
Sec. 121.02. The following administrative departments and 666
their respective directors are hereby created: 667
(A) The office of budget and management, which shall be 669
administered by the director of budget and management; 670
(B) The department of commerce, which shall be 672
administered by the director of commerce; 673
(C) The department of administrative services, which shall 675
be administered by the director of administrative services; 676
(D) The department of transportation, which shall be 678
administered by the director of transportation; 679
(E) The department of agriculture, which shall be 681
administered by the director of agriculture; 682
(F) The department of natural resources, which shall be 684
administered by the director of natural resources; 685
(G) The department of health, which shall be administered 687
by the director of health; 688
(H) The department of human JOB AND FAMILY services, which 690
18
shall be administered by the director of human JOB AND FAMILY 692
services;
(I) Until July 1, 1997, the department of liquor control, 694
which shall be administered by the director of liquor control; 695
(J) The department of public safety, which shall be 697
administered by the director of public safety; 698
(K) The department of mental health, which shall be 700
administered by the director of mental health; 701
(L) The department of mental retardation and developmental 703
disabilities, which shall be administered by the director of 704
mental retardation and developmental disabilities; 705
(M) The department of insurance, which shall be 707
administered by the superintendent of insurance as director 708
thereof; 709
(N) The department of development, which shall be 711
administered by the director of development; 712
(O) The department of youth services, which shall be 714
administered by the director of youth services; 715
(P) The department of rehabilitation and correction, which 717
shall be administered by the director of rehabilitation and 718
correction; 719
(Q) The environmental protection agency, which shall be 721
administered by the director of environmental protection; 722
(R) The department of aging, which shall be administered 724
by the director of aging; 725
(S) The department of alcohol and drug addiction services, 727
which shall be administered by the director of alcohol and drug 728
addiction services. 729
The director of each department shall exercise the powers 731
and perform the duties vested by law in such department. 732
Sec. 121.03. The following administrative department heads 741
shall be appointed by the governor, with the advice and consent 742
of the senate, and shall hold their offices during the term of 743
the appointing governor, and are subject to removal at the 744
19
pleasure of the governor. 745
(A) The director of budget and management; 747
(B) The director of commerce; 749
(C) The director of transportation; 751
(D) The director of agriculture; 753
(E) The director of human JOB AND FAMILY services; 756
(F) Until July 1, 1997, the director of liquor control; 758
(G) The director of public safety; 760
(H) The superintendent of insurance; 762
(I) The director of development; 764
(J) The tax commissioner; 766
(K) The director of administrative services; 768
(L) The administrator of the bureau of employment 770
services; 771
(M) The director of natural resources; 773
(N)(M) The director of mental health; 775
(O)(N) The director of mental retardation and 777
developmental disabilities; 778
(P)(O) The director of health; 780
(Q)(P) The director of youth services; 782
(R)(Q) The director of rehabilitation and correction; 784
(S)(R) The director of environmental protection; 786
(T)(S) The director of aging; 788
(U)(T) The director of alcohol and drug addiction 790
services;
(V)(U) The administrator of workers' compensation who 792
meets the qualifications required under division (A) of section 793
4121.121 of the Revised Code. 794
Sec. 121.32. The commission on Hispanic-Latino affairs 803
shall:
(A) Gather and disseminate information and conduct 805
hearings, conferences, investigations, and special studies on 806
problems and programs concerning Spanish-speaking people; 807
(B) Secure appropriate recognition of the accomplishments 809
20
and contributions of Spanish-speaking people to this state; 810
(C) Stimulate public awareness of the problems of 812
Spanish-speaking people by conducting a program of public 813
education; 814
(D) Develop, coordinate, and assist other public and 816
private organizations that serve Spanish-speaking people, 817
including the conducting of training programs for community 818
leadership and service project staff; 819
(E) Advise the governor, general assembly, and state 821
departments and agencies of the nature, magnitude, and priorities 822
of the problems of Spanish-speaking people; 823
(F) Advise the governor, general assembly, and state 825
departments and agencies on, and assist in the development and 826
implementation of, comprehensive and coordinated policies, 827
programs, and procedures focusing on the special problems and 828
needs of Spanish-speaking people, especially in the fields of 829
education, employment, energy, health, housing, welfare, and 830
recreation; 831
(G) Propose new programs concerning Spanish-speaking 833
people to public and private agencies and evaluate for such 834
agencies existing programs or prospective legislation concerning 835
Spanish-speaking people; 836
(H) Review and approve grants to be made from federal, 838
state, or private funds which are administered or subcontracted 839
by the office of Spanish-speaking affairs; 840
(I) Review and approve the annual report prepared by the 842
office of Spanish-speaking affairs; 843
(J) Create an interagency council consisting of the 845
following persons or their authorized representatives: one 846
member of the senate appointed by the president of the senate; 847
one member of the house of representatives appointed by the 848
speaker of the house of representatives; the directors of 849
administrative services, agriculture, education, development, 850
health, highway safety, human JOB AND FAMILY services, industrial 851
21
relations, liquor control, mental health, mental retardation and 853
developmental disabilities, natural resources, rehabilitation and 854
correction, youth services, transportation, environmental 855
protection, and budget and management; the chairperson of the 856
Ohio civil rights commission, and the administrators of the 858
bureau of employment services, the bureau of workers' 859
compensation, and the rehabilitation services commission, AND AN 861
ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE
GOVERNOR. The commission on Hispanic-Latino affairs, by rule, 864
may designate other state officers or their representatives to be 865
members of the council. The director of the commission shall be 867
the chairperson of the council.
The interagency council shall provide and coordinate the 869
exchange of information relative to the needs of Spanish-speaking 870
people and promote the delivery of state services to such people. 871
The council shall meet at the call of the chairperson. 872
Sec. 124.23. (A) All applicants for positions and places 881
in the classified service shall be subject to examination, except 882
for applicants for positions as professional or certified service 883
and paraprofessional employees of county boards of mental 884
retardation and developmental disabilities, who shall be hired in 885
the manner provided in section 124.241 of the Revised Code. 886
(B) Any examination administered under this section shall 888
be public, and open to all citizens of the United States and 889
those persons who have legally declared their intentions of 890
becoming United States citizens, within certain limitations to be 891
determined by the director of administrative services, as to 892
citizenship, residence, age, experience, education, health, 893
habit, and moral character; provided any soldier, sailor, marine, 894
coast guardsman GUARDER, member of the auxiliary corps as 895
established by congress, member of the army nurse corps or navy 897
nurse corps, or red cross nurse who has served in the army, navy, 898
or hospital service of the United States, and such other military 899
service as is designated by congress, including World War I, 900
22
World War II, or during the period beginning May 1, 1949, and 901
lasting so long as the armed forces of the United States are 902
engaged in armed conflict or occupation duty, or the selective 903
service or similar conscriptive acts are in effect in the United 904
States, whichever is the later date, who has been honorably 905
discharged therefrom or transferred to the reserve with evidence 906
of satisfactory service, and is a resident of Ohio, may file with 907
the director OF ADMINISTRATIVE SERVICES a certificate of service 909
or honorable discharge, whereupon the person shall receive 911
additional credit of twenty per cent of the person's total grade 912
given in the regular examination in which the person receives a
passing grade. Such examination may include an evaluation of 913
such factors as education, training, capacity, knowledge, manual 914
dexterity, and physical or psychological fitness. Examinations 915
shall consist of one or more tests in any combination. Tests may 916
be written, oral, physical, demonstration of skill, or an 917
evaluation of training and experiences and shall be designed to 918
fairly test the relative capacity of the persons examined to 919
discharge the particular duties of the position for which 920
appointment is sought. Where minimum or maximum requirements are 921
established for any examination they shall be specified in the 922
examination announcement. 923
The director OF ADMINISTRATIVE SERVICES shall have control 925
of all examinations, except as otherwise provided in sections 927
124.01 to 124.64 of the Revised Code. No questions in any 928
examination shall relate to political or religious opinions or 929
affiliations. No credit for seniority, efficiency, or any other 930
reason shall be added to an applicant's examination grade unless 931
the applicant achieves at least the minimum passing grade on the 932
examination without counting such extra credit. 933
Reasonable EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 124.01 935
TO 124.64 OF THE REVISED CODE, THE DIRECTOR OF ADMINISTRATIVE 936
SERVICES SHALL GIVE REASONABLE notice of the time, place, and 937
general scope of every competitive examination for appointment to 938
23
a position in the civil service, except as otherwise provided in 939
such sections, shall be given by the director. Written THE 940
DIRECTOR OF ADMINISTRATIVE SERVICES SHALL SEND WRITTEN, printed, 941
or electronic notices of every examination of the state 943
classified service shall be sent by the director to each Ohio 944
bureau of employment services branch office, or, if no such 945
branch office AGENCY OF THE TYPE THE DIRECTOR OF JOB AND FAMILY 946
SERVICES SPECIFIES AND, IN THE CASE OF A COUNTY IN WHICH NO SUCH 947
AGENCY is located in a county, to the clerk of the court of 948
common pleas of that county and to the clerk of each city of that 950
county. Such notices, promptly upon receipt, shall be posted in 951
conspicuous public places in the branch office, or in DESIGNATED 952
AGENCIES AND the courthouse of the county, and in the city hall 954
of the city CITIES, OF THE COUNTIES IN WHICH NO SUCH AGENCY IS 955
LOCATED. Such notices shall be posted in a conspicuous place in 956
the office of the director OF ADMINISTRATIVE SERVICES for at 957
least two weeks before any examination. In case of examinations 958
limited by the director OF ADMINISTRATIVE SERVICES to a district, 959
county, city, or department, the director OF ADMINISTRATIVE 961
SERVICES shall provide by rule for adequate publicity of such 962
examinations in the district, county, city, or department within 963
which competition is permitted. 964
Sec. 124.30. (A) Positions in the classified service may 973
be filled without competition as follows: 974
(1) Whenever there are urgent reasons for filling a 976
vacancy in any position in the classified service and the 977
director of administrative services is unable to certify to the 978
appointing authority, upon requisition by the latter, a list of 979
persons eligible for appointment to such position after a 980
competitive examination, the appointing authority may nominate a 981
person to the director for noncompetitive examination, and if 982
such nominee is certified by the director as qualified after such 983
noncompetitive examination, the nominee may be appointed 984
provisionally to fill such vacancy until a selection and 986
24
appointment can be made after competitive examination; but such 987
provisional appointment shall continue in force only until a 988
regular appointment can be made from eligible lists prepared by 989
the director and such eligible lists shall be prepared within six 990
months, provided that an examination for the position must be 991
held within the six-month period from the date of such 992
provisional appointment. In the case of provisional appointees 993
in county departments of human JOB AND FAMILY services and in the 994
department of human JOB AND FAMILY services and department of 995
health, if the salary is paid in whole or in part from federal 997
funds, such eligible lists shall be prepared within six months, 998
provided that an examination for the position must be held within 999
the six-month period from the date of such provisional 1,000
appointment. In case of an emergency, an appointment may be made 1,001
without regard to the rules of sections 124.01 to 124.64 of the 1,002
Revised Code, but in no case to continue longer than thirty days, 1,003
and in no case shall successive appointments be made. Interim or 1,004
temporary appointments, made necessary by reason of sickness, 1,005
disability, or other approved leave of absence of regular 1,006
officers or employees shall continue only during such period of 1,007
sickness, disability, or other approved leave of absence, subject 1,008
to rules to be provided for by the director. 1,009
(2) In case of a vacancy in a position in the classified 1,011
service where peculiar and exceptional qualifications of a 1,012
scientific, managerial, professional, or educational character 1,013
are required, and upon satisfactory evidence that for specified 1,014
reasons competition in such special case is impracticable and 1,015
that the position can best be filled by a selection of some 1,016
designated person of high and recognized attainments in such 1,017
qualities, the director may suspend the provisions of sections 1,018
124.01 to 124.64 of the Revised Code, requiring competition in 1,019
such case, but no suspension shall be general in its application, 1,020
and all such cases of suspension shall be reported in the annual 1,021
report of the director with the reasons for the suspension. THE 1,022
25
DIRECTOR SHALL SUSPEND THE PROVISIONS WHEN THE DIRECTOR OF JOB 1,023
AND FAMILY SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER 1,024
SECTION 5101.051 OF THE REVISED CODE THAT A POSITION WITH THE 1,025
DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE 1,026
PROVISIONS ARE SUSPENDED.
(3) Where the services to be rendered by an appointee are 1,028
for a temporary period, not to exceed six months, and the need of 1,029
such service is important and urgent, the appointing authority 1,030
may select for such temporary service any person on the proper 1,031
list of those eligible for permanent appointment. Successive 1,032
temporary appointments to the same position shall not be made 1,033
under this division. The acceptance or refusal by an eligible of 1,034
a temporary appointment shall not affect the person's standing on 1,035
the register for permanent employment; nor shall the period of 1,036
temporary service be counted as a part of the probationary 1,037
service in case of subsequent appointment to a permanent 1,038
position. 1,039
(B) Persons who receive external interim, temporary, or 1,041
intermittent appointments are in the unclassified civil service 1,042
and serve at the pleasure of their appointing authority. Interim 1,043
appointments shall be made only to fill a vacancy that results 1,044
from an employee's temporary absence, but shall not be made to 1,045
fill a vacancy that results because an employee receives an 1,046
interim appointment.
Sec. 124.301. THE DIRECTOR OF ADMINISTRATIVE SERVICES 1,048
SHALL WAIVE ANY RESIDENCY REQUIREMENT FOR THE CIVIL SERVICE 1,049
ESTABLISHED BY A RULE ADOPTED UNDER DIVISION (A) OF SECTION 1,050
124.09 OF THE REVISED CODE IF THE DIRECTOR OF JOB AND FAMILY 1,052
SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER SECTION 1,053
5101.051 OF THE REVISED CODE THAT A POSITION WITH THE DEPARTMENT 1,054
OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE RESIDENCY 1,055
REQUIREMENT IS WAIVED.
Sec. 125.24. (A) There is hereby created the Ohio benefit 1,064
systems data linkage committee, consisting of the directors of 1,065
26
administrative services, budget and management, human JOB AND 1,066
FAMILY services, and health, the tax commissioner, the registrar 1,068
of motor vehicles, a representative of the Ohio human services 1,069
directors' association and a representative of the county 1,070
commissioners association of Ohio appointed by the director of 1,071
administrative services, and the administrators of the bureaus 1,072
ADMINISTRATOR of workers' compensation, and employment services 1,074
AN ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE 1,075
GOVERNOR. The director of administrative services shall convene 1,076
the committee.
(B) Not later than July 1, 1994, the Ohio benefit systems 1,078
data linkage committee shall develop a plan for development and 1,079
implementation of the state benefit eligibility verification 1,080
system that links the information systems of the agencies 1,081
specified in division (C) of this section. The plan shall be 1,083
submitted to the president of the senate, the speaker of the 1,084
house of representatives, and the governor. 1,085
The plan shall include all of the following: 1,087
(1) Designation of the state agency to be responsible for 1,089
establishing and implementing the system; 1,090
(2) Specification of the form and manner in which 1,092
participating agencies must exchange information under the 1,093
system; 1,094
(3) Specifications regarding the confidential treatment of 1,096
information obtained and furnished under the system; 1,097
(4) Estimates of the funding required to implement the 1,099
system; 1,100
(5) A report on the feasibility of directly linking the 1,102
information system to other state, federal, and local information 1,103
systems; 1,104
(6) Identification of any federal requirements and 1,106
limitations applicable to the system. 1,107
(C) Not later than July 1, 1996, the state benefit 1,109
eligibility verification system shall be established and 1,110
27
implemented by the chief administrative officer of the agency 1,111
designated by the Ohio benefit systems data linkage committee. 1,112
The departments of administrative services, human JOB AND FAMILY 1,114
services, and taxation; the office of budget and management; the 1,115
office of vital statistics in the department of health; the 1,116
bureau of motor vehicles in the department of public safety; and 1,117
the bureaus BUREAU of employment services and workers' 1,119
compensation shall participate in the system. 1,120
(D) The administrator of the system shall ensure that 1,122
information obtained or furnished under the system is made 1,123
available only to the extent necessary to assist in the valid 1,124
administrative needs of the agency receiving the information and 1,125
is targeted for use in ways that are most likely to be productive 1,126
in identifying and preventing erroneous eligibility 1,127
determinations and incorrect payments. The administrator shall 1,128
take any other action necessary to provide for the confidential 1,129
treatment of the information obtained and furnished under the 1,130
system and shall ensure that the sharing of information under the 1,131
system is not in conflict with any applicable federal 1,132
requirements. 1,133
Sec. 126.30. (A) Any state agency, OTHER THAN THE 1,142
DEPARTMENT OF JOB AND FAMILY SERVICES, that purchases, leases, or 1,144
otherwise acquires any equipment, materials, goods, supplies, or 1,145
services from any person and fails to make payment for the
equipment, materials, goods, supplies, or services by the 1,146
required payment date shall pay an interest charge to the person 1,147
in accordance with division (E)(D) of this section, unless the 1,148
amount of the interest charge is less than ten dollars. Except 1,149
as otherwise provided in division (B), OR (C), or (D) of this 1,151
section, the required payment date shall be the date on which 1,152
payment is due under the terms of a written agreement between the 1,153
state agency and the person or, if a specific payment date is not 1,154
established by such a written agreement, the required payment 1,155
date shall be thirty days after the state agency receives a 1,156
28
proper invoice for the amount of the payment due. 1,157
(B) If the invoice submitted to the state agency contains 1,159
a defect or impropriety, the agency shall send written 1,160
notification to the person within fifteen days after receipt of 1,161
the invoice. The notice shall contain a description of the 1,162
defect or impropriety and any additional information necessary to 1,163
correct the defect or impropriety. If the agency sends such 1,164
written notification to the person, the required payment date 1,165
shall be thirty days after the state agency receives a proper 1,166
invoice. 1,167
(C) In applying this section to claims submitted to the 1,169
department of human services by providers of equipment, 1,170
materials, goods, supplies, or services, the required payment 1,171
date shall be the date on which payment is due under the terms of 1,172
a written agreement between the department and the provider. If 1,173
a specific payment date is not established by a written 1,174
agreement, the required payment date shall be thirty days after 1,175
the department receives a proper claim. If the department 1,176
determines that the claim is improperly executed or that 1,177
additional evidence of the validity of the claim is required, the 1,178
department shall notify the claimant in writing or by telephone 1,179
within fifteen days after receipt of the claim. The notice shall 1,180
state that the claim is improperly executed and needs correction 1,181
or that additional information is necessary to establish the 1,182
validity of the claim. If the department makes such notification 1,183
to the provider, the required payment date shall be thirty days 1,184
after the department receives the corrected claim or such 1,185
additional information as may be necessary to establish the 1,186
validity of the claim. 1,187
(D) In applying this section to invoices submitted to the 1,189
bureau of workers' compensation for equipment, materials, goods, 1,190
supplies, or services provided to employees in connection with an 1,191
employee's claim against the state insurance fund, the public 1,192
work-relief employees' compensation fund, the coal-workers 1,193
29
pneumoconiosis fund, or the marine industry fund as compensation 1,194
for injuries or occupational disease pursuant to Chapter 4123., 1,195
4127., or 4131. of the Revised Code, the required payment date 1,196
shall be the date on which payment is due under the terms of a 1,197
written agreement between the bureau and the provider. If a 1,198
specific payment date is not established by a written agreement, 1,199
the required payment date shall be thirty days after the bureau 1,200
receives a proper invoice for the amount of the payment due or 1,201
thirty days after the final adjudication allowing payment of an 1,202
award to the employee, whichever is later. Nothing in this 1,203
section shall supersede any faster timetable for payments to 1,204
health care providers contained in sections 4121.44 and 4123.512 1,206
of the Revised Code.
For purposes of this division, a "proper invoice" includes 1,208
the claimant's name, claim number and date of injury, employer's 1,209
name, the provider's name and address, the provider's assigned 1,210
payee number, a description of the equipment, materials, goods, 1,211
supplies, or services provided by the provider to the claimant, 1,212
the date provided, and the amount of the charge. If more than 1,213
one item of equipment, materials, goods, supplies, or services is 1,214
listed by a provider on a single application for payment, each 1,215
item shall be considered separately in determining if it is a 1,216
proper invoice. 1,217
If prior to a final adjudication the bureau determines that 1,219
the invoice contains a defect, the bureau shall notify the 1,220
provider in writing at least fifteen days prior to what would be 1,221
the required payment date if the invoice did not contain a 1,222
defect. The notice shall contain a description of the defect and 1,223
any additional information necessary to correct the defect. If 1,224
the bureau sends a notification to the provider, the required 1,225
payment date shall be redetermined in accordance with this 1,226
division after the bureau receives a proper invoice. 1,227
For purposes of this division, "final adjudication" means 1,229
the later of the date of the decision or other action by the 1,230
30
bureau, the industrial commission, or a court allowing payment of 1,231
the award to the employee from which there is no further right to 1,232
reconsideration or appeal that would require the bureau to 1,233
withhold compensation and benefits, or the date on which the 1,234
rights to reconsideration or appeal have expired without an 1,235
application therefor having been filed or, if later, the date on 1,236
which an application for reconsideration or appeal is withdrawn. 1,237
If after final adjudication, the administrator of the bureau of 1,238
workers' compensation or the industrial commission makes a 1,239
modification with respect to former findings or orders, pursuant 1,240
to Chapter 4123., 4127., or 4131. of the Revised Code or pursuant 1,241
to court order, the adjudication process shall no longer be 1,242
considered final for purposes of determining the required payment 1,243
date for invoices for equipment, materials, goods, supplies, or 1,244
services provided after the date of the modification when the 1,245
propriety of the invoices is affected by the modification. 1,246
(E)(D) The interest charge on amounts due shall be paid to 1,248
the person for the period beginning on the day after the required 1,249
payment date and ending on the day that payment of the amount due 1,250
is made. The amount of the interest charge that remains unpaid 1,251
at the end of any thirty-day period after the required payment 1,252
date, including amounts under ten dollars, shall be added to the 1,253
principal amount of the debt and thereafter the interest charge 1,254
shall accrue on the principal amount of the debt plus the added 1,255
interest charge. The interest charge shall be at the rate per 1,256
calendar month that equals one-twelfth of the rate per annum 1,257
prescribed by section 5703.47 of the Revised Code for the 1,258
calendar year that includes the month for which the interest 1,259
charge accrues. 1,260
(F)(E) No appropriations shall be made for the payment of 1,262
any interest charges required by this section. Any state agency 1,263
required to pay interest charges under this section shall make 1,264
the payments from moneys available for the administration of 1,265
agency programs. 1,266
31
If a state agency pays interest charges under this section, 1,268
but determines that all or part of the interest charges should 1,269
have been paid by another state agency, the state agency that 1,270
paid the interest charges may request the attorney general to 1,271
determine the amount of the interest charges that each state 1,272
agency should have paid under this section. If the attorney 1,273
general determines that the state agency that paid the interest 1,274
charges should have paid none or only a part of the interest 1,275
charges, the attorney general shall notify the state agency that 1,276
paid the interest charges, any other state agency that should 1,277
have paid all or part of the interest charges, and the director 1,278
of budget and management of the attorney general's decision, 1,279
stating the amount of interest charges that each state agency 1,281
should have paid. The director shall transfer from the 1,282
appropriate funds of any other state agency that should have paid 1,283
all or part of the interest charges to the appropriate funds of 1,284
the state agency that paid the interest charges an amount 1,285
necessary to implement the attorney general's decision. 1,286
(G)(F) Not later than forty-five days after the end of 1,288
each fiscal year, each state agency shall file with the director 1,289
of budget and management a detailed report concerning the 1,290
interest charges the agency paid under this section during the 1,291
previous fiscal year. The report shall include the number, 1,292
amounts, and frequency of interest charges the agency incurred 1,293
during the previous fiscal year and the reasons why the interest 1,294
charges were not avoided by payment prior to the required payment 1,295
date. The director shall compile a summary of all the reports 1,296
submitted under this division and shall submit a copy of the 1,297
summary to the president and minority leader of the senate and to 1,298
the speaker and minority leader of the house of representatives 1,299
no later than the thirtieth day of September of each year. 1,300
Sec. 127.16. (A) Upon the request of either a state 1,309
agency or the director of budget and management and after the 1,310
controlling board determines that an emergency or a sufficient 1,311
32
economic reason exists, the controlling board may approve the 1,313
making of a purchase without competitive selection as provided in
division (B) of this section. 1,314
(B) Except as otherwise provided in this section, no state 1,316
agency, using money that has been appropriated to it directly, 1,317
shall: 1,318
(1) Make any purchase from a particular supplier, that 1,320
would amount to fifty thousand dollars or more when combined with 1,321
both the amount of all disbursements to the supplier during the 1,322
fiscal year for purchases made by the agency and the amount of 1,323
all outstanding encumbrances for purchases made by the agency 1,324
from the supplier, unless the purchase is made by competitive 1,325
selection or with the approval of the controlling board; 1,326
(2) Lease real estate from a particular supplier, if the 1,328
lease would amount to seventy-five thousand dollars or more when 1,329
combined with both the amount of all disbursements to the 1,330
supplier during the fiscal year for real estate leases made by 1,331
the agency and the amount of all outstanding encumbrances for 1,332
real estate leases made by the agency from the supplier, unless 1,333
the lease is made by competitive selection or with the approval 1,334
of the controlling board. 1,335
(C) Any person who authorizes a purchase in violation of 1,337
division (B) of this section shall be liable to the state for any 1,338
state funds spent on the purchase, and the attorney general shall 1,339
collect the amount from the person. 1,340
(D) Nothing in division (B) of this section shall be 1,342
construed as: 1,343
(1) A limitation upon the authority of the director of 1,345
transportation as granted in sections 5501.17, 5517.02, and 1,346
5525.14 of the Revised Code; 1,347
(2) Applying to medicaid provider agreements under Chapter 1,349
5111. of the Revised Code or payments or provider agreements 1,352
under disability assistance medical assistance established under 1,353
Chapter 5115. of the Revised Code;
33
(3) Applying to the purchase of examinations from a sole 1,355
supplier by a state licensing board under Title XLVII of the 1,356
Revised Code; 1,357
(4) Applying to entertainment contracts for the Ohio state 1,359
fair entered into by the Ohio expositions commission, provided 1,360
that the controlling board has given its approval to the 1,361
commission to enter into such contracts and has approved a total 1,362
budget amount for such contracts as agreed upon by commission 1,363
action, and that the commission causes to be kept itemized 1,364
records of the amounts of money spent under each contract and 1,365
annually files those records with the clerk of the house of 1,367
representatives and the clerk of the senate following the close 1,368
of the fair;
(5) Limiting the authority of the chief of the division of 1,370
mines and reclamation to contract for reclamation work with an 1,371
operator mining adjacent land as provided in section 1513.27 of 1,372
the Revised Code; 1,373
(6) Applying to investment transactions and procedures of 1,375
any state agency, except that the agency shall file with the 1,376
board the name of any person with whom the agency contracts to 1,377
make, broker, service, or otherwise manage its investments, as 1,378
well as the commission, rate, or schedule of charges of such 1,379
person with respect to any investment transactions to be 1,380
undertaken on behalf of the agency. The filing shall be in a 1,381
form and at such times as the board considers appropriate. 1,382
(7) Applying to purchases made with money for the per cent 1,384
for arts program established by section 3379.10 of the Revised 1,385
Code; 1,386
(8) Applying to purchases made by the rehabilitation 1,388
services commission of services, or supplies, that are provided 1,389
to persons with disabilities, or to purchases made by the 1,390
commission in connection with the eligibility determinations it 1,391
makes for applicants of programs administered by the social 1,392
security administration; 1,393
34
(9) Applying to payments by the department of human JOB 1,395
AND FAMILY services under section 5111.13 of the Revised Code for 1,397
group health plan premiums, deductibles, coinsurance, and other 1,398
cost-sharing expenses; 1,399
(10) Applying to any agency of the legislative branch of 1,401
the state government; 1,402
(11) Applying to agreements OR CONTRACTS entered into 1,404
under section 5101.11, 5101.21, or 5101.211, OR 5101.214 of the 1,406
Revised Code;
(12) Applying to purchases of services by the adult parole 1,408
authority under section 2967.14 of the Revised Code or by the 1,409
department of youth services under section 5139.08 of the Revised 1,410
Code; 1,411
(13) Applying to dues or fees paid for membership in an 1,413
organization or association; 1,414
(14) Applying to purchases of utility services pursuant to 1,416
section 9.30 of the Revised Code; 1,417
(15) Applying to purchases made in accordance with rules 1,419
adopted by the department of administrative services of motor 1,420
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,421
such vehicles; 1,422
(16) Applying to purchases of tickets for passenger air 1,424
transportation; 1,425
(17) Applying to purchases necessary to provide public 1,427
notifications required by law or to provide notifications of job 1,428
openings; 1,429
(18) Applying to the judicial branch of state government; 1,431
(19) Applying to purchases of liquor for resale by the 1,433
department or, on and after July 1, 1997, the division of liquor 1,434
control;
(20) Applying to purchases of motor courier and freight 1,436
services made in accordance with department of administrative 1,437
services rules; 1,438
(21) Applying to purchases from the United States postal 1,440
35
service and purchases of stamps and postal meter replenishment 1,441
from vendors at rates established by the United States postal 1,442
service; 1,443
(22) Applying to purchases of books, periodicals, 1,445
pamphlets, newspapers, maintenance subscriptions, and other 1,446
published materials; 1,447
(23) Applying to purchases from other state agencies, 1,449
including state-assisted institutions of higher education; 1,450
(24) Limiting the authority of the director of 1,452
environmental protection to enter into contracts under division 1,453
(D) of section 3745.14 of the Revised Code to conduct compliance 1,454
reviews, as defined in division (A) of that section; 1,455
(25) Applying to purchases from a qualified nonprofit 1,457
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,458
Code; 1,459
(26) Applying to payments by the department of human JOB 1,461
AND FAMILY services to the United States department of health and 1,463
human services for printing and mailing notices pertaining to the 1,464
tax refund offset program of the internal revenue service of the 1,465
United States department of the treasury; 1,466
(27) Applying to contracts entered into by the department 1,468
of mental retardation and developmental disabilities under 1,469
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,470
(28) Applying to payments made by the department of mental 1,472
health under a physician recruitment program authorized by 1,473
section 5119.101 of the Revised Code; 1,474
(29) Applying to contracts entered into with persons by 1,476
the director of commerce for unclaimed funds collection and 1,477
remittance efforts as provided in division (F) of section 169.03 1,479
of the Revised Code. The director shall keep an itemized 1,482
accounting of unclaimed funds collected by those persons and 1,483
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 1,485
higher education in accordance with the terms of a contract 1,487
36
between the vendor and an inter-university purchasing group 1,488
comprised of purchasing officers of state institutions of higher 1,489
education;
(31) Applying to the department of human JOB AND FAMILY 1,491
services' purchases of health assistance services under the 1,493
children's health insurance program part I provided for under 1,494
section 5101.50 of the Revised Code or the children's health 1,495
insurance program part II provided for under section 5101.51 of 1,497
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 1,499
cumulative purchase threshold shall be seventy-five thousand 1,500
dollars for the departments of mental retardation and 1,501
developmental disabilities, mental health, rehabilitation and 1,502
correction, and youth services. 1,503
(F) When determining whether a state agency has reached 1,505
the cumulative purchase thresholds established in divisions 1,506
(B)(1), (B)(2), and (E) of this section, all of the following 1,507
purchases by such agency shall not be considered: 1,508
(1) Purchases made through competitive selection or with 1,510
controlling board approval; 1,511
(2) Purchases listed in division (D) of this section; 1,513
(3) For the purposes of the thresholds of divisions (B)(1) 1,515
and (E) of this section only, leases of real estate. 1,516
(G) As used in this section, "competitive selection," 1,519
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code. 1,520
Sec. 149.01. Each elective state officer, the adjutant 1,529
general, the adult parole authority, the department of 1,530
agriculture, the director of administrative services, the public 1,531
utilities commission, the superintendent of insurance, the 1,532
superintendent of financial institutions, the superintendent of 1,534
purchases and printing, the state commissioner of soldiers' 1,536
claims, the fire marshal, the industrial commission, the 1,537
administrator of workers' compensation, the state department of 1,538
37
transportation, the department of health, the state medical 1,539
board, the state dental board, the board of embalmers and funeral 1,540
directors, the department of human services, the Ohio commission 1,541
for the blind, the accountancy board of Ohio, the state council 1,542
of uniform state laws, the board of commissioners of the sinking 1,544
fund, the department of taxation, the board of tax appeals, the 1,545
clerk of the supreme court, the division of liquor control, the 1,546
director of state armories, the trustees of the Ohio state 1,547
university, and every private or quasi-public institution, 1,548
association, board, or corporation receiving state money for its 1,549
use and purpose shall make annually, at the end of each fiscal 1,550
year, in quadruplicate, a report of the transactions and 1,551
proceedings of that office or department for that fiscal year, 1,552
excepting receipts and disbursements unless otherwise 1,553
specifically required by law. The report shall contain a summary 1,555
of the official acts of the officer, board, council, commission, 1,556
institution, association, or corporation and any suggestions and 1,558
recommendations that are proper. On the first day of August of 1,560
each year, one of the reports shall be filed with the governor, 1,562
one with the secretary of state, and one with the state library, 1,563
and one shall be kept on file in the office of the officer, 1,564
board, council, commission, institution, association, or 1,566
corporation.
Sec. 153.06. After the proceedings required by sections 1,575
153.01 and 153.04 of the Revised Code have been complied with, 1,576
the owner referred to in section 153.01 of the Revised Code shall 1,577
give public notice of the time and place when and where bids will 1,580
be received for performing the labor and furnishing the materials 1,581
of such construction, improvement, alteration, addition, or 1,582
installation, and a contract awarded, except for materials 1,583
manufactured by the state or labor supplied by the A COUNTY 1,584
department of human JOB AND FAMILY services that may enter into 1,585
the same. The form of bid approved by the department of 1,586
administrative services shall be used, and a bid shall be invalid 1,587
38
and not considered unless such form is used without change, 1,588
alteration, or addition. Bidders may be permitted to bid upon 1,589
all the branches of work and materials to be furnished and 1,590
supplied, or upon any thereof, or alternately upon all or any 1,591
thereof.
Sec. 307.86. Anything to be purchased, leased, leased with 1,602
an option or agreement to purchase, or constructed, including, 1,603
but not limited to, any product, structure, construction, 1,604
reconstruction, improvement, maintenance, repair, or service, 1,605
except the services of an accountant, architect, attorney at law, 1,606
physician, professional engineer, construction project manager, 1,607
consultant, surveyor, or appraiser, by or on behalf of the county 1,608
or contracting authority, as defined in section 307.92 of the 1,609
Revised Code, at a cost in excess of fifteen thousand dollars, 1,610
except as otherwise provided in division (D) of section 713.23 1,611
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 1,612
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 1,613
5713.01, and 6137.05 of the Revised Code, shall be obtained 1,614
through competitive bidding. However, competitive bidding is not 1,615
required when any of the following applies: 1,616
(A) The board of county commissioners, by a unanimous vote 1,618
of its members, makes a determination that a real and present 1,619
emergency exists, and that determination and the reasons for it 1,621
are entered in the minutes of the proceedings of the board, when 1,622
either of the following applies: 1,623
(1) The estimated cost is less than fifty thousand 1,625
dollars. 1,626
(2) There is actual physical disaster to structures, radio 1,628
communications equipment, or computers. 1,629
For purposes of this division, "unanimous vote" means all 1,631
three members of a board of county commissioners when all three 1,632
members are present, or two members of the board if only two 1,633
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is 1,635
39
exempted from competitive bidding under division (A)(1) of this 1,636
section because the estimated cost is less than fifty thousand 1,637
dollars, but the estimated cost is fifteen thousand dollars or 1,638
more, the county or contracting authority shall solicit informal 1,639
estimates from no fewer than three persons who could perform the 1,640
contract, before awarding the contract. With regard to each such 1,641
contract, the county or contracting authority shall maintain a 1,642
record of such estimates, including the name of each person from 1,643
whom an estimate is solicited,. THE COUNTY OR CONTRACTING 1,644
AUTHORITY SHALL MAINTAIN THE RECORD for no less than THE LONGER 1,645
OF AT LEAST one year after the contract is awarded OR THE AMOUNT 1,647
OF TIME THE FEDERAL GOVERNMENT REQUIRES. 1,648
(B) The purchase consists of supplies or a replacement or 1,650
supplemental part or parts for a product or equipment owned or 1,651
leased by the county, and the only source of supply for the 1,652
supplies, part, or parts is limited to a single supplier. 1,653
(C) The purchase is from the federal government, the 1,655
state, another county or contracting authority of another county, 1,656
or a board of education, township, or municipal corporation. 1,657
(D) Public social FAMILY services OR WORKFORCE DEVELOPMENT 1,659
ACTIVITIES are purchased for provision by the county department 1,661
of human JOB AND FAMILY services under section 329.04 of the 1,663
Revised Code, or program services, such as direct and ancillary 1,664
client services, child day-care, case management services, 1,665
residential services, and family resource services, are purchased 1,666
for provision by a county board of mental retardation and 1,667
developmental disabilities under section 5126.05 of the Revised 1,668
Code.
(E) The purchase consists of human and social FAMILY 1,670
services OR WORKFORCE DEVELOPMENT ACTIVITIES by the board of 1,672
county commissioners from nonprofit corporations or associations 1,673
under programs that ARE funded entirely by the federal 1,674
government.
(F) The purchase consists of any form of an insurance 1,676
40
policy or contract authorized to be issued under Title XXXIX of 1,677
the Revised Code or any form of health care plan authorized to be 1,679
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 1,681
contracting authority is authorized to purchase, and the 1,682
contracting authority does all of the following: 1,683
(1) Determines that compliance with the requirements of 1,685
this section would increase, rather than decrease, the cost of 1,686
such purchase; 1,687
(2) Employs a competent consultant to assist the 1,689
contracting authority in procuring appropriate coverages at the 1,690
best and lowest prices; 1,691
(3) Requests issuers of such policies, contracts, or plans 1,693
to submit proposals to the contracting authority, in a form 1,694
prescribed by the contracting authority, setting forth the 1,695
coverage and cost of such policies, contracts, or plans as the 1,696
contracting authority desires to purchase; 1,697
(4) Negotiates with such issuers for the purpose of 1,699
purchasing such policies, contracts, or plans at the best and 1,700
lowest price reasonably possible. 1,701
(G) The purchase consists of computer hardware, software, 1,703
or consulting services that are necessary to implement a 1,704
computerized case management automation project administered by 1,705
the Ohio prosecuting attorneys association and funded by a grant 1,706
from the federal government. 1,707
(H) Child day-care services are purchased for provision to 1,709
county employees. 1,710
(I)(1) Property, including land, buildings, and other real 1,712
property, is leased for offices, storage, parking, or other 1,713
purposes, and all of the following apply: 1,714
(a) The contracting authority is authorized by the Revised 1,716
Code to lease the property. 1,717
(b) The contracting authority develops requests for 1,719
proposals for leasing the property, specifying the criteria that 1,720
41
will be considered prior to leasing the property, including the 1,721
desired size and geographic location of the property. 1,722
(c) The contracting authority receives responses from 1,724
prospective lessors with property meeting the criteria specified 1,725
in the requests for proposals by giving notice in a manner 1,726
substantially similar to the procedures established for giving 1,727
notice under section 307.87 of the Revised Code. 1,728
(d) The contracting authority negotiates with the 1,730
prospective lessors to obtain a lease at the best and lowest 1,731
price reasonably possible considering the fair market value of 1,732
the property and any relocation and operational costs that may be 1,733
incurred during the period the lease is in effect. 1,734
(2) The contracting authority may use the services of a 1,736
real estate appraiser to obtain advice, consultations, or other 1,737
recommendations regarding the lease of property under this 1,738
division. 1,739
(J) The purchase is made pursuant to section 5139.34 or 1,741
sections 5139.41 to 5139.46 of the Revised Code and is of 1,742
programs or services that provide case management, treatment, or 1,744
prevention services to any felony or misdemeanant delinquent, 1,745
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, community 1,746
residential care, day treatment, services to children in their 1,747
home, or electronic monitoring. 1,748
(K) The purchase is made by a public children services 1,750
agency pursuant to section 307.92 or 5153.16 of the Revised Code 1,751
and consists of social FAMILY services, programs, or ancillary 1,753
services that provide case management, prevention, or treatment 1,754
services for children at risk of being or alleged to be abused,
neglected, or dependent children. 1,755
Any issuer of policies, contracts, or plans listed in 1,757
division (F) of this section and any prospective lessor under 1,758
division (I) of this section may have the issuer's or prospective 1,759
lessor's contractor's name and address, or the name and address 1,760
42
of an agent, placed on a special notification list to be kept by 1,762
the contracting authority, by sending the contracting authority 1,763
such name and address. The contracting authority shall send 1,764
notice to all persons listed on the special notification list. 1,765
Notices shall state the deadline and place for submitting 1,766
proposals. The contracting authority shall mail the notices at 1,767
least six weeks prior to the deadline set by the contracting 1,768
authority for submitting proposals. Every five years the 1,769
contracting authority may review this list and remove any person 1,770
from the list after mailing the person notification of such 1,771
action.
Any contracting authority that negotiates a contract under 1,773
division (F) of this section shall request proposals and 1,774
renegotiate with issuers in accordance with that division at 1,775
least every three years from the date of the signing of such a 1,776
contract. 1,777
Any consultant employed pursuant to division (F) of this 1,779
section and any real estate appraiser employed pursuant to 1,780
division (I) of this section shall disclose any fees or 1,781
compensation received from any source in connection with that 1,782
employment.
Sec. 307.981. (A)(1) As used in sections 307.981 to 1,792
307.987 of the Revised Code: 1,793
(1)(a) "County social service FAMILY SERVICES agency" 1,796
means all of the following: 1,797
(a)(i) A child support enforcement agency; 1,799
(b)(ii) A county department of human JOB AND FAMILY 1,802
services;
(c)(iii) A public children services agency. 1,804
(2) "Private entity" means any entity other than a 1,806
government entity. 1,807
(3)(b) "Social service FAMILY SERVICES duty" means a duty 1,810
state law requires or allows a county social service FAMILY 1,811
SERVICES agency to assume. 1,812
43
(2) AS USED IN SECTIONS 307.981 TO 307.989 OF THE REVISED 1,814
CODE, "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT 1,815
ENTITY.
(B) To the extent permitted by federal law, INCLUDING 1,817
SUBPART F OF 5 C.F.R. PART 900, and except as provided in SUBJECT 1,820
TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, INCLUDING 1,821
division (C)(H) of this section, a board of county commissioners 1,823
may designate any private or government entity WITHIN THIS STATE 1,824
to serve as a ANY OF THE FOLLOWING:
(1) A child support enforcement agency,; 1,826
(2) A county department of human JOB AND FAMILY services,; 1,829
(3) A public children services agency, two; 1,832
(4) TWO of those county social service FAMILY SERVICES 1,834
agencies, or all; 1,835
(5) ALL three of those county social service FAMILY 1,838
SERVICES agencies;
(6) A WORKFORCE DEVELOPMENT AGENCY; 1,840
(7) A WORKFORCE DEVELOPMENT AGENCY AND ONE, TWO, OR ALL 1,842
THREE OF THOSE COUNTY FAMILY SERVICES AGENCIES. A 1,843
(C) A board OF COUNTY COMMISSIONERS may change its THE 1,846
designation IT MAKES UNDER DIVISION (B) OF THIS SECTION by 1,847
designating another private or government entity. Not 1,849
(D) IF THE DIRECTOR OF JOB AND FAMILY SERVICES DETERMINES 1,851
THAT A DESIGNATION UNDER DIVISION (B) OR (C) OF THIS SECTION 1,852
CONSTITUTES A SUBSTANTIAL CHANGE FROM WHAT IS IN THE CURRENT 1,853
PARTNERSHIP AGREEMENT BETWEEN THE DIRECTOR AND BOARD OF COUNTY
COMMISSIONERS UNDER SECTION 5101.21 OR 5101.213 OF THE REVISED 1,854
CODE, THE DIRECTOR MAY REQUIRE THAT THE DIRECTOR AND BOARD AMEND 1,855
THE PARTNERSHIP AGREEMENT AND THAT THE BOARD PROVIDE THE DIRECTOR
ASSURANCES THAT THE NEWLY DESIGNATED PRIVATE OR GOVERNMENT ENTITY 1,856
WILL MEET OR EXCEED ALL REQUIREMENTS OF THE FAMILY SERVICES 1,857
DUTIES OR WORKFORCE DEVELOPMENT ACTIVITIES THE ENTITY IS TO 1,858
ASSUME.
(E) NOT less than sixty days before a board OF COUNTY 1,861
44
COMMISSIONERS designates an entity under DIVISION (B) OR (C) OF 1,863
this section, the board shall notify the state department 1,864
DIRECTOR of human JOB AND FAMILY services and publish notice in a 1,865
newspaper of general circulation in the county of the board's 1,867
intention to make the designation and reasons for the 1,868
designation.
(F) A board of county commissioners shall enter into a 1,870
written contract with each entity it designates under DIVISION 1,871
(B) OR (C) OF this section specifying the entity's 1,873
responsibilities and standards the entity is required to meet. 1,874
(G) This section does not require a board of county 1,876
commissioners to abolish the child support enforcement agency, 1,877
county department of human JOB AND FAMILY services, or public 1,878
children services agency serving the county on the effective date 1,880
of this section OCTOBER 1, 1997, and designate a different 1,881
private or government entity to serve as the county's child 1,883
support enforcement agency, county department of human JOB AND 1,884
FAMILY services, or public children services agency. 1,886
(C)(H) If a county children services board appointed under 1,889
section 5153.03 of the Revised Code serves as a public children 1,892
services agency for a county, the board of county commissioners 1,893
may not redesignate the public children services agency unless 1,894
the board of county commissioners does all of the following: 1,895
(1) Notifies the county children services board of its 1,897
intent to redesignate the public children services agency. In 1,898
its notification, the board of county commissioners shall provide 1,899
the county children services board a written explanation of the 1,900
administrative, fiscal, or performance considerations causing the 1,901
board of county commissioners to seek to redesignate the public 1,902
children services agency.
(2) Provides the county children services board an 1,904
opportunity to comment on the proposed redesignation before the 1,905
redesignation occurs; 1,906
(3) If the county children services board, not more than 1,908
45
sixty days after receiving the notice under division (C)(H)(1) of 1,910
this section, notifies the board of county commissioners that the 1,911
county children services board has voted to oppose the 1,912
redesignation, votes unanimously to proceed with the 1,913
redesignation.
Sec. 307.982. (A) To the extent permitted by federal law, 1,922
INCLUDING SUBPART F OF 5 C.F.R. PART 900, and except as provided 1,925
in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, 1,926
INCLUDING division (B) of this section, a board of county 1,928
commissioners may enter into a written contract with a private or 1,929
government entity, including a public or private college or
university whether or not the college or university is located 1,930
within the county, for the entity to perform a social service 1,932
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT ACTIVITY on behalf 1,933
of a county social service FAMILY SERVICES agency OR WORKFORCE 1,935
DEVELOPMENT AGENCY. THE ENTITY WITH WHICH A BOARD CONTRACTS IS 1,936
NOT REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.
(B) A board of county commissioners may not enter into a 1,939
contract under division (A) of this section regarding a social 1,941
service FAMILY SERVICES duty of a public children services agency 1,942
if a county children services board appointed under section 1,943
5153.03 of the Revised Code serves as the public children 1,946
services agency for the county. The county children services 1,947
board may enter into contracts regarding its duties in accordance 1,948
with division (C)(2) of section 5153.16 of the Revised Code. 1,949
Sec. 307.983. Each board of county commissioners shall 1,959
enter into a written plan of cooperation with the county social 1,960
service FAMILY SERVICES agencies AND WORKFORCE DEVELOPMENT AGENCY 1,961
serving the county to enhance the administration of the Ohio 1,963
works first program established under Chapter 5107. of the 1,964
Revised Code; the prevention, retention, and contingency program 1,966
established under Chapter 5108. of the Revised Code; and other 1,967
social service FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 1,969
ACTIVITIES the board and agencies agree to include in the plan. 1,970
46
Other government entities may be included in a plan of 1,971
cooperation. The plan shall specify how the county social 1,972
service FAMILY SERVICES agencies, WORKFORCE DEVELOPMENT AGENCY, 1,973
and other government entities included in the plan are to 1,975
exchange information and coordinate and enhance services and 1,976
assistance to individuals and families.
Sec. 307.984. (A) TO ENHANCE THE ADMINISTRATION, 1,978
DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES DUTIES AND 1,979
WORKFORCE DEVELOPMENT ACTIVITIES, A BOARD OF COUNTY COMMISSIONERS
MAY ENTER INTO ONE OR MORE REGIONAL PLANS OF COOPERATION WITH THE 1,980
FOLLOWING:
(1) ONE OR MORE OTHER BOARDS OF COUNTY COMMISSIONERS; 1,982
(2) THE CHIEF ELECTED OFFICIAL OF ONE OR MORE MUNICIPAL 1,984
CORPORATIONS THAT ARE THE TYPE OF LOCAL AREA DEFINED IN DIVISION 1,985
(A)(1) OF SECTION 6301.01 OF THE REVISED CODE; 1,987
(3) BOTH BOARDS OF COUNTY COMMISSIONERS AND SUCH CHIEF 1,989
ELECTED OFFICIALS. 1,990
(B) A REGIONAL PLAN OF COOPERATION MUST SPECIFY HOW THE 1,992
PRIVATE AND GOVERNMENT ENTITIES INCLUDED IN THE PLAN WILL 1,993
COORDINATE AND ENHANCE THE ADMINISTRATION, DELIVERY, AND 1,994
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 1,995
ACTIVITIES.
Sec. 307.984 307.985. Each board of county commissioners 2,005
shall develop a written transportation work plan that establishes 2,006
policies regarding the transportation needs of low income 2,007
residents of the county seeking or striving to retain employment. 2,008
In developing the transportation work plan, the board shall 2,010
consult with all of the following:
(A) The county department of human JOB AND FAMILY 2,012
services; 2,013
(B) If a regional transit authority created under section 2,016
306.32 of the Revised Code serves the county, the regional 2,017
transit authority; 2,018
(C) If a community action agency, as defined in section 2,021
47
122.66 of the Revised Code, serves the county, the community 2,022
action agency; 2,023
(D) As designated by the board of county commissioners, 2,026
representatives of private non-profit and government entities 2,027
that work with issues related to economic development,
employment, and persons with physical disabilities; 2,028
(E) Other individuals designated by the board of county 2,031
commissioners.
Sec. 307.985 307.986. Each board of county commissioners 2,040
shall establish procedures for providing services to children in 2,042
the county whose families relocate frequently, causing the 2,043
children to transfer to different schools throughout the year. 2,044
The board shall establish the procedures with the county 2,045
department of human JOB AND FAMILY services and either each board 2,046
of education of school districts with territory in the county or 2,048
the education service center or joint educational service center 2,049
serving the county. 2,050
Sec. 307.986 307.987. To the extent federal statutes and 2,060
regulations and state law permit, a partnership agreement entered 2,062
into under section 307.98 5101.21 OR 5101.213, a contract entered 2,064
into under section 307.981 or 307.982, a plan of cooperation 2,065
entered into under section 307.983, A REGIONAL PLAN OF 2,066
COOPERATION ENTERED INTO UNDER SECTION 307.984, a transportation 2,067
work plan developed under section 307.984 307.985, and procedures 2,069
established under section 307.985 307.986 of the Revised Code 2,070
shall permit the exchange of information needed to improve 2,071
services and assistance to individuals and families and the 2,072
protection of children. A private or government entity that 2,073
receives information pursuant to an agreement, contract, plan, or 2,074
procedures is bound by the same standards of confidentiality as 2,075
the entity that provides the information. 2,076
An agreement, contract, plan, or procedures shall: 2,079
(A) Be coordinated and not conflict with another 2,081
agreement, contract, plan, or procedures or an agreement entered 2,082
48
into under section 329.05 of the Revised Code; 2,084
(B) Prohibit discrimination in hiring and promotion 2,086
against applicants for and participants of the Ohio works first 2,088
program established under Chapter 5107. of the Revised Code and 2,090
the prevention, retention, and contingency program established 2,092
under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and state 2,095
law;
(D) Be adopted by resolution of a board of county 2,097
commissioners; 2,098
(E) Specify how the agreement, contract, plan, or 2,100
procedures may be amended. 2,101
Sec. 307.987 307.988. If a board of county commissioners 2,110
contracts with a religious organization under section 307.981 or 2,112
307.982 of the Revised Code, the religious organization shall 2,114
comply with section 104 of the Personal Responsibility and Work 2,115
Opportunity and Reconciliation Act of 1996 (P.L. 104-193). 2,116
Sec. 307.989. WHEN A PRIVATE OR GOVERNMENT ENTITY ASSUMES 2,118
A FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT ACTIVITY UNDER 2,119
SECTION 307.981 OR 307.982 OF THE REVISED CODE, THE ENTITY IS 2,120
SUBJECT TO THE FEDERAL STATUTES AND REGULATIONS, REVISED CODE, 2,122
AND STATE RULES THAT REQUIRE, PERMIT, OR PROHIBIT AN ACTION 2,124
REGARDING THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 2,125
ACTIVITY.
Sec. 329.011. Whenever the county department of welfare 2,135
or, COUNTY DEPARTMENT OF HUMAN SERVICES, county director of 2,136
welfare, OR COUNTY DIRECTOR OF HUMAN SERVICES is referred to or 2,137
designated in THE REVISED CODE OR any rule, contract, or other 2,138
document, the reference or designation shall be deemed to refer 2,139
to the county department of human JOB AND FAMILY services or 2,140
county director of human JOB AND FAMILY services, as the case may 2,142
be.
Sec. 329.04. (A) The county department of human JOB AND 2,151
FAMILY services shall have, exercise, and perform the following 2,153
49
powers and duties:
(1) Perform any duties assigned by the STATE department of 2,156
human JOB AND FAMILY services regarding the provision of public 2,157
social FAMILY services, including the provision of the following 2,158
services to prevent or reduce economic or personal dependency and 2,160
to strengthen family life:
(a) Services authorized by Title IV-A of the "Social 2,162
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 2,164
and known in this state as the Ohio works first program 2,165
established by Chapter 5107. of the Revised Code and the 2,166
prevention, retention, and contingency program established under 2,167
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 2,170
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 2,172
support enforcement agency, services authorized by Title IV-D of 2,173
the "Social Security Act" and provided for by sections 2301.34 to 2,175
2301.44 of the Revised Code. The county department may perform 2,177
the services itself or contract with other government entities, 2,178
and, pursuant to division (C) of section 2301.35 and section 2,179
2301.42 of the Revised Code, private entities, to perform the 2,180
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 2,182
of the Revised Code as required by the state department of human 2,183
JOB AND FAMILY services; 2,184
(3) Administer burials insofar as the administration of 2,186
burials was, prior to September 12, 1947, imposed upon the board 2,187
of county commissioners and if otherwise required by state law; 2,188
(4) Cooperate with state and federal authorities in any 2,190
matter relating to human FAMILY services and to act as the agent 2,191
of such authorities; 2,192
(5) Submit an annual account of its work and expenses to 2,195
the board of county commissioners and to the STATE department of 2,196
50
human JOB AND FAMILY services at the close of each fiscal year; 2,197
(6) Exercise any powers and duties relating to human 2,200
FAMILY services OR WORKFORCE DEVELOPMENT ACTIVITIES imposed upon 2,201
the county department of human JOB AND FAMILY services by law, by 2,203
resolution of the board of county commissioners, or by order of 2,204
the governor, when authorized by law, to meet emergencies during 2,205
war or peace;
(7) Determine the eligibility for medical assistance of 2,207
recipients of aid under Title XVI of the "Social Security Act"; 2,208
(8) If assigned by the STATE director of human JOB AND 2,210
FAMILY services under section 5101.515 of the Revised Code, 2,212
determine applicants' eligibility for health assistance under the 2,213
children's health insurance program part II; 2,214
(9) Enter into a plan of cooperation with the board of 2,216
county commissioners under section 307.983, consult with the 2,218
board in the development of the transportation work plan
developed under section 307.984 307.985, establish with the board 2,219
procedures under section 307.985 307.986 for providing services 2,221
to children whose families relocate frequently, and comply with 2,222
the partnership agreement the board enters into under section
307.98 and contracts the board enters into under sections 307.981 2,224
and 307.982 of the Revised Code that affect the county 2,225
department;
(10) FOR THE PURPOSE OF COMPLYING WITH A PARTNERSHIP 2,227
AGREEMENT THE BOARD OF COUNTY COMMISSIONERS ENTERS INTO UNDER 2,228
SECTION 307.98 OF THE REVISED CODE, EXERCISE THE POWERS AND 2,229
PERFORM THE DUTIES THE PARTNERSHIP AGREEMENT ASSIGNS TO THE
COUNTY DEPARTMENT; 2,230
(11) IF THE COUNTY DEPARTMENT IS DESIGNATED AS THE 2,232
WORKFORCE DEVELOPMENT AGENCY, PROVIDE THE WORKFORCE DEVELOPMENT 2,233
ACTIVITIES SPECIFIED IN THE CONTRACT REQUIRED BY SECTION 330.03 2,234
OF THE REVISED CODE.
(B) The powers and duties of a county department of human 2,236
JOB AND FAMILY services are, and shall be exercised and 2,238
51
performed, under the control and direction of the board of county 2,239
commissioners. The board may assign to the county department any
power or duty of the board regarding human FAMILY services AND 2,241
WORKFORCE DEVELOPMENT ACTIVITIES. If the new power or duty
necessitates the state department of human JOB AND FAMILY 2,242
services changing its federal cost allocation plan, the county 2,244
department may not implement the power or duty unless the United 2,245
States department of health and human services approves the
changes. 2,246
Sec. 329.05. The county department of human JOB AND FAMILY 2,255
services may administer or assist in administering any state or 2,257
local human FAMILY services activity in addition to those 2,260
mentioned in section 329.04 of the Revised Code, supported wholly 2,261
or in part by public funds from any source provided by agreement 2,262
between the board of county commissioners and the officer, 2,263
department, board, or agency in which the administration of such 2,264
activity is vested. Such officer, department, board, or agency 2,265
may enter into such agreement and confer upon the county 2,266
department of human JOB AND FAMILY services, to the extent and in 2,268
particulars specified in the agreement, the performance of any 2,269
duties and the exercise of any powers imposed upon or vested in 2,270
such officer, board, department, or agency, with respect to the 2,271
administration of such activity. Such agreement shall be in the 2,272
form of a resolution of the board of county commissioners, 2,273
accepted in writing by the other party to the agreement, and 2,274
filed in the office of the county auditor, and when so filed, 2,275
shall have the effect of transferring the exercise of the powers 2,276
and duties to which the agreement relates and shall exempt the 2,277
other party from all further responsibility for the exercise of 2,278
the powers and duties so transferred, during the life of the 2,279
agreement.
Such agreement shall be coordinated and not conflict with a 2,281
partnership agreement entered into under section 307.98, a 2,282
contract entered into under section 307.981 or 307.982, A plan of 2,283
52
cooperation entered into under section 307.983, A REGIONAL PLAN 2,285
OF COOPERATION ENTERED INTO UNDER SECTION 307.984, a 2,286
transportation work plan developed under section 307.984 307.985, 2,288
or procedures for providing services to children whose families 2,290
relocate frequently established under section 307.985 307.986 of 2,291
the Revised Code. It may be revoked at the option of either 2,292
party, by a resolution or order of the revoking party filed in 2,293
the office of the auditor. Such revocation shall become 2,294
effective at the end of the fiscal year occurring at least six 2,295
months following the filing of the resolution or order. In the 2,296
absence of such an express revocation so filed, the agreement 2,297
shall continue indefinitely. 2,298
This section does not permit a county department of human 2,300
JOB AND FAMILY services to manage or control county or district 2,302
tuberculosis or other hospitals, humane societies, detention 2,303
homes, jails or probation departments of courts, or veterans 2,304
service commissions.
Sec. 329.06. (A) Except as provided in division (C) of 2,314
this section AND SECTION 6301.08 OF THE REVISED CODE, the board
of county commissioners shall establish a county human FAMILY 2,316
services planning committee. The board shall appoint a member to 2,317
represent the county department of human JOB AND FAMILY services; 2,318
an employee in the classified civil service of the county 2,320
department of human JOB AND FAMILY services, if there are any 2,321
such employees; and a member to represent the public. The board 2,322
shall appoint other individuals to the committee in such a manner 2,323
that the committee's membership is broadly representative of the 2,324
groups of individuals and the public and private entities that 2,325
have an interest in the social FAMILY services provided in the 2,326
county. The board shall make appointments in a manner that 2,328
reflects the ethnic and racial composition of the county. The 2,329
following groups and entities may be represented on the
committee: 2,330
(1) Consumers of social FAMILY services; 2,332
53
(2) The public children services agency; 2,334
(3) The child support enforcement agency; 2,336
(4) The county family and children first council; 2,338
(5) Public and private colleges and universities; 2,340
(6) Public entities that provide social FAMILY services, 2,342
including boards of health, boards of education, the county board 2,344
of mental retardation and developmental disabilities, and the 2,345
board of alcohol, drug addiction, and mental health services that 2,346
serves the county;
(7) Private nonprofit and for-profit entities that provide 2,349
social FAMILY services in the county or that advocate for 2,350
consumers of social FAMILY services in the county, including 2,351
entities that provide services to or advocate for victims of 2,353
domestic violence;
(8) Labor organizations; 2,355
(9) Any other group or entity that has an interest in the 2,357
social FAMILY services provided in the county, including groups 2,358
or entities that represent any of the county's business, urban, 2,360
and rural sectors. 2,361
(B) The county human FAMILY services planning committee 2,364
shall do all of the following: 2,365
(1) Serve as an advisory body to the board of county 2,367
commissioners with regard to the social FAMILY services provided 2,368
in the county, including assistance under Chapters 5107. and 2,371
5108. of the Revised Code, publicly funded child day-care under 2,374
Chapter 5104. of the Revised Code, and social services provided 2,377
under section 5101.46 of the Revised Code; 2,379
(2) At least once a year, review and analyze the county 2,381
department of human JOB AND FAMILY services' implementation of 2,382
the programs established under Chapters 5107. and 5108. of the 2,384
Revised Code. In its review, the committee shall use information 2,386
available to it to examine all of the following: 2,387
(a) Return of assistance groups to participation in either 2,390
program after ceasing to participate;
54
(b) Teen pregnancy rates among the programs' participants; 2,392
(c) The other types of assistance the programs' 2,394
participants receive, including medical assistance under Chapter 2,395
5111. of the Revised Code, publicly funded child day-care under 2,397
Chapter 5104. of the Revised Code, food stamp benefits under 2,399
section 5101.54 of the Revised Code, and energy assistance under 2,401
Chapter 5117. of the Revised Code; 2,402
(d) Other issues the committee considers appropriate. 2,404
The committee shall make recommendations to the board of 2,406
county commissioners and county department of human JOB AND 2,407
FAMILY services regarding the committee's findings. 2,409
(3) Provide comments and recommendations to the board 2,411
prior to the board's entering into or substantially amending a 2,412
partnership agreement with the director of human JOB AND FAMILY 2,415
services under section 307.98 of the Revised Code; 2,417
(4) Conduct public hearings on proposed county profiles 2,420
for the provision of social services under section 5101.46 of the 2,421
Revised Code; 2,423
(5) At the request of the board, make recommendations and 2,425
provide assistance regarding the social FAMILY services provided 2,426
in the county; 2,428
(6) At any other time the committee considers appropriate, 2,431
consult with the board and make recommendations regarding the 2,432
social FAMILY services provided in the county. The committee's 2,434
recommendations may address the following:
(a) Implementation and administration of social FAMILY 2,437
service programs;
(b) Use of federal, state, and local funds available for 2,440
social FAMILY service programs;
(c) Establishment of goals to be achieved by social FAMILY 2,443
service programs;
(d) Evaluation of the outcomes of social FAMILY service 2,446
programs;
(e) Any other matter the board considers relevant to the 2,449
55
provision of social FAMILY services.
(C) If there is a committee in existence in a county on 2,452
October 1, 1997, that the board of county commissioners 2,454
determines is capable of fulfilling the responsibilities of a 2,455
county human FAMILY services planning committee, the board may 2,457
designate the committee as the county's human FAMILY services 2,458
planning committee and the committee shall serve in that 2,460
capacity.
Sec. 329.061. WHEREVER A COUNTY HUMAN SERVICES PLANNING 2,462
COMMITTEE IS REFERRED TO OR DESIGNATED IN THE REVISED CODE OR ANY 2,463
RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR DESIGNATION 2,464
SHALL BE DEEMED TO REFER TO A COUNTY FAMILY SERVICES PLANNING 2,465
COMMITTEE.
Sec. 330.01. AS USED IN THIS CHAPTER: 2,467
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,469
GOVERNMENT ENTITY. 2,470
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,472
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,473
Sec. 330.02. IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE 2,476
REVISED CODE, A COUNTY IS THE TYPE OF LOCAL AREA DEFINED IN 2,477
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE, THE BOARD 2,478
OF COUNTY COMMISSIONERS SERVING THE COUNTY SHALL ADOPT A 2,479
RESOLUTION ESTABLISHING OR DESIGNATING A WORKFORCE DEVELOPMENT
AGENCY TO PROVIDE WORKFORCE DEVELOPMENT ACTIVITIES FOR THE 2,481
COUNTY. THE BOARD SHALL ADOPT THE RESOLUTION NOT LATER THAN JULY 2,482
1, 2000.
THE BOARD MAY ESTABLISH OR DESIGNATE ANY OF THE FOLLOWING 2,484
AS THE WORKFORCE DEVELOPMENT AGENCY: 2,485
(A) THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES; 2,487
(B) A SEPARATE AGENCY UNDER THE DIRECT CONTROL OF THE 2,489
BOARD AND ADMINISTERED BY AN OFFICIAL APPOINTED BY THE BOARD; 2,490
(C) AN ENTITY SERVING THE COUNTY ON THE EFFECTIVE DATE OF 2,492
THIS SECTION IN A CAPACITY SIMILAR TO THE CAPACITY IN WHICH A 2,493
WORKFORCE DEVELOPMENT AGENCY IS TO SERVE THE COUNTY ON AND AFTER 2,494
56
THE EFFECTIVE DATE OF THIS SECTION; 2,495
(D) AN ENTITY LOCATED IN OR OUTSIDE THE COUNTY THAT 2,497
PROVIDES WORKFORCE DEVELOPMENT ACTIVITIES IN THE COUNTY ON THE 2,498
EFFECTIVE DATE OF THIS SECTION; 2,499
(E) ANY PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER 2,501
SECTION 307.981 OF THE REVISED CODE. 2,502
Sec. 330.03. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,504
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,505
COUNTY UNDER SECTION 330.02 OF THE REVISED CODE SHALL ENTER INTO 2,506
A CONTRACT WITH THE AGENCY. THE CONTRACT SHALL SPECIFY THE 2,507
WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY IS TO PROVIDE AND 2,508
ESTABLISH STANDARDS, INCLUDING PERFORMANCE STANDARDS, FOR THE 2,510
AGENCY'S OPERATION. THE CONTRACT ALSO SHALL INCLUDE ANY OTHER 2,511
PROVISIONS THE BOARD CONSIDERS NECESSARY.
Sec. 330.07. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,513
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,514
COUNTY UNDER SECTION 330.02 OF THE REVISED CODE MAY CONTRACT WITH 2,515
ANY GOVERNMENT OR PRIVATE ENTITY TO ENHANCE THE AGENCY'S 2,516
ADMINISTRATION OR THE WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY 2,517
PROVIDES. THE ENTITY WITH WHICH THE BOARD CONTRACTS IS NOT 2,518
REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES. 2,519
Sec. 763.01. AS USED IN THIS CHAPTER: 2,521
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,523
GOVERNMENT ENTITY. 2,524
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,526
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,527
(C) "WORKFORCE INVESTMENT ACT" MEANS THE "WORKFORCE 2,531
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 2,535
AMENDED.
Sec. 763.02. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 2,537
CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY 2,538
DESIGNATION AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO 2,539
SECTION 116(a)(2) OR (3) OF THE WORKFORCE INVESTMENT ACT, 29 2,541
U.S.C.A. 2831(a)(2) OR (3), BUT DOES NOT REQUEST THAT THE 2,542
57
GOVERNOR GRANT THE AUTOMATIC OR TEMPORARY DESIGNATION SHALL 2,544
ADMINISTER AND ENFORCE THE WORKFORCE INVESTMENT ACT UNDER CHAPTER 2,545
6301. OF THE REVISED CODE. THE CHIEF ELECTED OFFICIAL OF A 2,547
MUNICIPAL CORPORATION THAT IS GRANTED SUCH AUTOMATIC OR TEMPORARY 2,548
DESIGNATION MAY NOT ADMINISTER AND ENFORCE THE WORKFORCE 2,549
INVESTMENT ACT UNDER CHAPTER 6301. OF THE REVISED CODE. 2,551
Sec. 763.05. TO THE EXTENT PERMITTED BY FEDERAL LAW, 2,553
INCLUDING SUBPART F OF 5 C.F.R. PART 900, AND THE REVISED CODE, 2,556
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION THAT, FOR 2,557
THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS THE TYPE OF 2,559
LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE 2,560
REVISED CODE MAY ENTER INTO A WRITTEN CONTRACT WITH A PRIVATE OR 2,562
GOVERNMENT ENTITY, INCLUDING A PUBLIC OR PRIVATE COLLEGE OR 2,563
UNIVERSITY, FOR THE ENTITY TO ACT AS THE MUNICIPAL CORPORATION'S 2,564
WORKFORCE DEVELOPMENT AGENCY. THE ENTITY WITH WHICH THE CHIEF 2,565
ELECTED OFFICIAL CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE 2,566
MUNICIPAL CORPORATION.
Sec. 763.07. TO ENHANCE THE ADMINISTRATION, DELIVERY, AND 2,568
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 2,569
ACTIVITIES, THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION 2,570
THAT, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS 2,572
THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 2,573
6301.01 OF THE REVISED CODE MAY ENTER INTO A REGIONAL PLAN OF 2,574
COOPERATION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS
PURSUANT TO SECTION 307.984 OF THE REVISED CODE. A REGIONAL PLAN 2,576
OF COOPERATION MUST SPECIFY HOW THE PRIVATE AND GOVERNMENT 2,577
ENTITIES SUBJECT TO THE PLAN WILL COORDINATE AND ENHANCE THE
ADMINISTRATION, DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES 2,578
DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES. 2,579
Sec. 2151.011. (A) As used in the Revised Code: 2,588
(1) "Juvenile court" means the division of the court of 2,590
common pleas or a juvenile court separately and independently 2,591
created having jurisdiction under this chapter. 2,592
(2) "Juvenile judge" means a judge of a court having 2,594
58
jurisdiction under this chapter. 2,595
(3) "Private child placing agency" means any association, 2,597
as defined in section 5103.02 of the Revised Code, that is 2,598
certified pursuant to sections SECTION 5103.03 to 5103.05 of the 2,600
Revised Code to accept temporary, permanent, or legal custody of 2,601
children and place the children for either foster care or 2,602
adoption.
(4) "Private noncustodial agency" means any person, 2,604
organization, association, or society certified by the department 2,605
of human JOB AND FAMILY services that does not accept temporary 2,606
or permanent legal custody of children, that is privately 2,608
operated in this state, and that does one or more of the 2,609
following:
(a) Receives and cares for children for two or more 2,611
consecutive weeks; 2,612
(b) Participates in the placement of children in family 2,614
foster homes; 2,615
(c) Provides adoption services in conjunction with a 2,617
public children services agency or private child placing agency. 2,618
(B) As used in this chapter: 2,620
(1) "Adequate parental care" means the provision by a 2,622
child's parent or parents, guardian, or custodian of adequate 2,623
food, clothing, and shelter to ensure the child's health and 2,624
physical safety and the provision by a child's parent or parents 2,625
of specialized services warranted by the child's physical or 2,626
mental needs. 2,627
(2) "Adult" means an individual who is eighteen years of 2,629
age or older. 2,630
(3) "Agreement for temporary custody" means a voluntary 2,632
agreement authorized by section 5103.15 of the Revised Code that 2,634
transfers the temporary custody of a child to a public children 2,635
services agency or a private child placing agency. 2,636
(4) "Babysitting care" means care provided for a child 2,638
while the parents, guardian, or legal custodian of the child are 2,639
59
temporarily away. 2,640
(5) "Certified family foster home" means a family foster 2,642
home operated by persons holding a certificate in force, issued 2,643
under section 5103.03 of the Revised Code. 2,644
(6)(a) "Child" means a person who is under eighteen years 2,647
of age, except as otherwise provided in divisions (B)(6)(b) to 2,648
(f) of this section. 2,649
(b) Subject to division (B)(6)(c) of this section, any 2,652
person who violates a federal or state law or municipal ordinance 2,653
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,654
complaint is filed or the hearing on the complaint is held. 2,655
(c) Any person who, while under eighteen years of age, 2,658
commits an act that would be a felony if committed by an adult 2,659
and who is not taken into custody or apprehended for that act
until after the person attains twenty-one years of age is not a 2,660
child in relation to that act. 2,661
(d) Any person whose case is transferred for criminal 2,663
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,664
the Revised Code shall after the transfer be deemed not to be a 2,665
child in the transferred case. 2,666
(e) Subject to division (B)(6)(f) of this section, any 2,669
person whose case is transferred for criminal prosecution 2,670
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,671
Code and who subsequently is convicted of or pleads guilty to a 2,672
felony in that case shall after the transfer be deemed not to be 2,674
a child in any case in which the person is alleged to have 2,676
committed prior to or subsequent to the transfer an act that 2,678
would be an offense if committed by an adult. Division (B)(6)(e) 2,679
of this section applies to a case regardless of whether the prior 2,682
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 2,683
the same county in which the case was transferred or in another 2,685
county and regardless of whether the complaint in the case 2,686
60
involved was filed in the same county in which the case was 2,687
transferred or in another county. Division (B)(6)(e) of this 2,688
section applies to a case that involves an act committed prior to 2,689
the transfer only when the prior act alleged in the case has not 2,690
been disposed of by a juvenile court or trial court. 2,691
(f) Notwithstanding division (B)(6)(e) of this section, if 2,694
a person's case is transferred for criminal prosecution pursuant 2,695
to division (B) or (C) of section 2151.26 of the Revised Code and 2,696
if the person subsequently is convicted of or pleads guilty to a 2,697
felony in that case, thereafter, the person shall be considered a 2,698
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 2,699
committed by an adult: 2,700
(i) For purposes of the filing of a complaint alleging 2,702
that the child is a delinquent child for committing the act that 2,703
would be an offense if committed by an adult; 2,704
(ii) For purposes of the juvenile court conducting a 2,706
hearing under division (B) of section 2151.26 of the Revised Code 2,708
relative to the complaint described in division (B)(6)(f)(i) of 2,709
this section to determine whether division (B)(1) of section 2,710
2151.26 of the Revised Code applies and requires that the case be 2,712
transferred for criminal prosecution to the appropriate court 2,713
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 2,715
center," "part-time child day-care center," "type A family 2,718
day-care home," "certified type B family day-care home," "type B 2,719
home," "administrator of a child day-care center," "administrator 2,721
of a type A family day-care home," "in-home aide," and 2,722
"authorized provider" have the same meanings as in section 2,723
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 2,726
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 2,727
day-care home, or an in-home aide or an individual who is 2,728
61
licensed, is regulated, is approved, operates under the direction 2,729
of, or otherwise is certified by the department of human JOB AND 2,730
FAMILY services, department of mental retardation and 2,732
developmental disabilities, or the early childhood programs of 2,733
the department of education. 2,734
(9) "Commit" means to vest custody as ordered by the 2,736
court. 2,737
(10) "Counseling" includes both of the following: 2,739
(a) General counseling services performed by a public 2,742
children services agency or shelter for victims of domestic 2,743
violence to assist a child, a child's parents, and a child's 2,744
siblings in alleviating identified problems that may cause or 2,746
have caused the child to be an abused, neglected, or dependent 2,747
child.
(b) Psychiatric or psychological therapeutic counseling 2,750
services provided to correct or alleviate any mental or emotional 2,752
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 2,754
of the Revised Code to engage in social work or professional 2,755
counseling.
(11) "Custodian" means a person who has legal custody of a 2,757
child or a public children services agency or private child 2,758
placing agency that has permanent, temporary, or legal custody of 2,759
a child. 2,760
(12) "Detention" means the temporary care of children 2,762
pending court adjudication or disposition, or execution of a 2,763
court order, in a public or private facility designed to 2,764
physically restrict the movement and activities of children. 2,765
(13) "Developmental disability" has the same meaning as in 2,768
section 5123.01 of the Revised Code. 2,769
(14) "Family foster home" means a private residence in 2,771
which children are received apart from their parents, guardian, 2,772
or legal custodian by an individual for hire, gain, or reward for 2,773
nonsecure care, supervision, or training twenty-four hours a day. 2,774
62
"Family foster home" does not include babysitting care provided 2,775
for a child in the home of a person other than the home of the 2,776
parents, guardian, or legal custodian of the child. 2,777
(15) "Foster home" means a family home in which any child 2,779
is received apart from the child's parents for care, supervision, 2,780
or training. 2,782
(16) "Guardian" means a person, association, or 2,784
corporation that is granted authority by a probate court pursuant 2,785
to Chapter 2111. of the Revised Code to exercise parental rights 2,786
over a child to the extent provided in the court's order and 2,787
subject to the residual parental rights of the child's parents. 2,788
(17) "Legal custody" means a legal status that vests in 2,790
the custodian the right to have physical care and control of the 2,791
child and to determine where and with whom the child shall live, 2,792
and the right and duty to protect, train, and discipline the 2,794
child and to provide the child with food, shelter, education, and 2,795
medical care, all subject to any residual parental rights, 2,797
privileges, and responsibilities. An individual granted legal 2,798
custody shall exercise the rights and responsibilities personally 2,799
unless otherwise authorized by any section of the Revised Code or 2,800
by the court. 2,801
(18) "Mental illness" and "mentally ill person subject to 2,804
hospitalization by court order" have the same meanings as in 2,805
section 5122.01 of the Revised Code. 2,806
(19) "Mental injury" means any behavioral, cognitive, 2,808
emotional, or mental disorder in a child caused by an act or 2,809
omission that is described in section 2919.22 of the Revised Code 2,810
and is committed by the parent or other person responsible for 2,812
the child's care.
(20) "Mentally retarded person" has the same meaning as in 2,815
section 5123.01 of the Revised Code. 2,816
(21) "Nonsecure care, supervision, or training" means 2,818
care, supervision, or training of a child in a facility that does 2,819
not confine or prevent movement of the child within the facility 2,820
63
or from the facility. 2,821
(22) "Organization" means any institution, public, 2,823
semipublic, or private, and any private association, society, or 2,824
agency located or operating in the state, incorporated or 2,825
unincorporated, having among its functions the furnishing of 2,826
protective services or care for children, or the placement of 2,827
children in foster homes or elsewhere. 2,828
(23) "Out-of-home care" means detention facilities, 2,830
shelter facilities, foster homes, certified foster homes, 2,831
placement in a prospective adoptive home prior to the issuance of 2,832
a final decree of adoption, organizations, certified 2,833
organizations, child day-care centers, type A family day-care 2,834
homes, child day-care provided by type B family day-care home 2,835
providers and by in-home aides, group home providers, group 2,836
homes, institutions, state institutions, residential facilities, 2,837
residential care facilities, residential camps, day camps, 2,838
hospitals, and medical clinics that are responsible for the care, 2,839
physical custody, or control of children. 2,840
(24) "Out-of-home care child abuse" means any of the 2,842
following when committed by a person responsible for the care of 2,843
a child in out-of-home care: 2,844
(a) Engaging in sexual activity with a child in the 2,846
person's care; 2,847
(b) Denial to a child, as a means of punishment, of proper 2,849
or necessary subsistence, education, medical care, or other care 2,850
necessary for a child's health; 2,851
(c) Use of restraint procedures on a child that cause 2,853
injury or pain; 2,854
(d) Administration of prescription drugs or psychotropic 2,856
medication to the child without the written approval and ongoing 2,857
supervision of a licensed physician; 2,858
(e) Commission of any act, other than by accidental means, 2,860
that results in any injury to or death of the child in 2,861
out-of-home care or commission of any act by accidental means 2,862
64
that results in an injury to or death of a child in out-of-home 2,863
care and that is at variance with the history given of the injury 2,864
or death.
(25) "Out-of-home care child neglect" means any of the 2,866
following when committed by a person responsible for the care of 2,867
a child in out-of-home care: 2,868
(a) Failure to provide reasonable supervision according to 2,870
the standards of care appropriate to the age, mental and physical 2,871
condition, or other special needs of the child; 2,872
(b) Failure to provide reasonable supervision according to 2,874
the standards of care appropriate to the age, mental and physical 2,875
condition, or other special needs of the child, that results in 2,876
sexual or physical abuse of the child by any person; 2,877
(c) Failure to develop a process for all of the following: 2,879
(i) Administration of prescription drugs or psychotropic 2,881
drugs for the child; 2,882
(ii) Assuring that the instructions of the licensed 2,884
physician who prescribed a drug for the child are followed; 2,885
(iii) Reporting to the licensed physician who prescribed 2,887
the drug all unfavorable or dangerous side effects from the use 2,888
of the drug. 2,889
(d) Failure to provide proper or necessary subsistence, 2,891
education, medical care, or other individualized care necessary 2,892
for the health or well-being of the child; 2,893
(e) Confinement of the child to a locked room without 2,895
monitoring by staff; 2,896
(f) Failure to provide ongoing security for all 2,898
prescription and nonprescription medication; 2,899
(g) Isolation of a child for a period of time when there 2,901
is substantial risk that the isolation, if continued, will impair 2,902
or retard the mental health or physical well-being of the child. 2,903
(26) "Permanent custody" means a legal status that vests 2,905
in a public children services agency or a private child placing 2,906
agency, all parental rights, duties, and obligations, including 2,907
65
the right to consent to adoption, and divests the natural parents 2,908
or adoptive parents of all parental rights, privileges, and 2,910
obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement" means an order 2,913
of a juvenile court pursuant to which both of the following 2,914
apply:
(a) The court gives legal custody of a child to a public 2,916
children services agency or a private child placing agency 2,917
without the termination of parental rights. 2,918
(b) The order permits the agency to make an appropriate 2,920
placement of the child and to enter into a written agreement with 2,923
a foster care provider or with another person or agency with whom 2,924
the child is placed.
(28) "Permanent surrender" means the act of the parents 2,926
or, if a child has only one parent, of the parent of a child, by 2,927
a voluntary agreement authorized by section 5103.15 of the 2,929
Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing 2,930
agency. 2,931
(29) "Person responsible for a child's care in out-of-home 2,933
care" means any of the following: 2,934
(a) Any foster parent, in-home aide, or provider; 2,936
(b) Any administrator, employee, or agent of any of the 2,938
following: a public or private detention facility; shelter 2,939
facility; organization; certified organization; child day-care 2,940
center; type A family day-care home; certified type B family 2,941
day-care home; group home; institution; state institution; 2,942
residential facility; residential care facility; residential 2,943
camp; day camp; hospital; or medical clinic; 2,944
(c) Any other person who performs a similar function with 2,946
respect to, or has a similar relationship to, children. 2,947
(30) "Physically impaired" means having one or more of the 2,950
following conditions that substantially limit one or more of an 2,951
individual's major life activities, including self-care,
66
receptive and expressive language, learning, mobility, and 2,952
self-direction:
(a) A substantial impairment of vision, speech, or 2,954
hearing;
(b) A congenital orthopedic impairment; 2,956
(c) An orthopedic impairment caused by disease, rheumatic 2,959
fever or any other similar chronic or acute health problem, or 2,960
amputation or another similar cause.
(31) "Placement for adoption" means the arrangement by a 2,962
public children services agency or a private child placing agency 2,963
with a person for the care and adoption by that person of a child 2,964
of whom the agency has permanent custody. 2,965
(32) "Placement in foster care" means the arrangement by a 2,968
public children services agency or a private child placing agency 2,969
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. 2,970
(33) "Practice of social work" and "practice of 2,972
professional counseling" have the same meanings as in section 2,973
4757.01 of the Revised Code. 2,974
(34) "Probation" means a legal status created by court 2,976
order following an adjudication that a child is a delinquent 2,977
child, a juvenile traffic offender, or an unruly child, whereby 2,978
the child is permitted to remain in the parent's, guardian's, or 2,979
custodian's home subject to supervision, or under the supervision 2,980
of any agency designated by the court and returned to the court 2,981
for violation of probation at any time during the period of 2,982
probation. 2,983
(35) "Protective supervision" means an order of 2,985
disposition pursuant to which the court permits an abused, 2,986
neglected, dependent, unruly, or delinquent child or a juvenile 2,987
traffic offender to remain in the custody of the child's parents, 2,988
guardian, or custodian and stay in the child's home, subject to 2,989
any conditions and limitations upon the child, the child's 2,991
parents, guardian, or custodian, or any other person that the 2,993
67
court prescribes, including supervision as directed by the court 2,994
for the protection of the child. 2,995
(36) "Psychiatrist" has the same meaning as in section 2,997
5122.01 of the Revised Code. 2,998
(37) "Psychologist" has the same meaning as in section 3,000
4732.01 of the Revised Code. 3,001
(38) "Residential camp" means a program in which the care, 3,003
physical custody, or control of children is accepted overnight 3,005
for recreational or recreational and educational purposes. 3,006
(39) "Residential care facility" means an institution, 3,008
residence, or facility that is licensed by the department of 3,009
mental health under section 5119.22 of the Revised Code and that 3,010
provides care for a child. 3,011
(40) "Residential facility" means a home or facility that 3,013
is licensed by the department of mental retardation and 3,014
developmental disabilities under section 5123.19 of the Revised 3,015
Code and in which a child with a developmental disability 3,016
resides. 3,017
(41) "Residual parental rights, privileges, and 3,019
responsibilities" means those rights, privileges, and 3,020
responsibilities remaining with the natural parent after the 3,021
transfer of legal custody of the child, including, but not 3,022
necessarily limited to, the privilege of reasonable visitation, 3,023
consent to adoption, the privilege to determine the child's 3,024
religious affiliation, and the responsibility for support. 3,025
(42) "Secure correctional facility" means a facility under 3,028
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 3,029
children and used for the placement of children after 3,030
adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section 3,032
2907.01 of the Revised Code. 3,033
(44) "Shelter" means the temporary care of children in 3,035
physically unrestricted facilities pending court adjudication or 3,036
68
disposition. 3,037
(45) "Shelter for victims of domestic violence" has the 3,039
same meaning as in section 3113.33 of the Revised Code. 3,040
(46) "Temporary custody" means legal custody of a child 3,042
who is removed from the child's home, which custody may be 3,043
terminated at any time at the discretion of the court or, if the 3,045
legal custody is granted in an agreement for temporary custody, 3,046
by the person who executed the agreement. 3,047
(C) For the purposes of this chapter, a child shall be 3,049
presumed abandoned when the parents of the child have failed to 3,050
visit or maintain contact with the child for more than ninety 3,051
days, regardless of whether the parents resume contact with the 3,052
child after that period of ninety days. 3,053
Sec. 2301.357. (A) Each child support enforcement agency 3,062
shall adopt a paternity compliance plan, establish a paternity 3,063
compliance unit, and submit the adopted plan to the division of 3,064
support of the department of human JOB AND FAMILY services in 3,065
accordance with the rules adopted pursuant to section 5101.324 of 3,067
the Revised Code, except that, if a child support enforcement 3,068
agency submitted a corrective action plan to the department 3,069
pursuant to division (B)(C)(1) of section 5101.24 of the Revised 3,071
Code and if that plan is currently in effect, the agency is not 3,072
required to comply with this division. 3,073
(B) The department of human JOB AND FAMILY services shall 3,075
enter into a contract with local hospitals for the provision of 3,078
staff by the hospitals to meet with unmarried women who give 3,079
birth in or en route to the particular hospital. The contract 3,080
between the department of human JOB AND FAMILY services and a 3,081
local hospital shall require all of the following: 3,083
(1) That the hospital provide a staff person to meet with 3,086
each unmarried mother who gave birth in or en route to the 3,087
hospital within twenty-four hours of the birth or before the 3,088
mother is released from the hospital; 3,089
(2) That the staff person attempt to meet with the father 3,091
69
of the unmarried mother's child if possible; 3,092
(3) That the staff person explain to the unmarried mother 3,094
and the father, if he is present, the benefit to the child of 3,095
establishing a parent and child relationship between the father 3,096
and the child and the various proper procedures for establishing 3,097
a parent and child relationship; 3,098
(4) That the staff person present to the unmarried mother 3,100
and, if possible, the father the pamphlet or statement regarding 3,102
the rights and responsibilities of a natural parent that is 3,103
prepared and provided by the department of human JOB AND FAMILY 3,104
services pursuant to section 5101.324 of the Revised Code; 3,106
(5) That the staff person provide the mother and, if 3,108
possible, the father, all forms and statements necessary to 3,110
voluntarily establish a parent and child relationship, including, 3,111
but not limited to, the acknowledgment of paternity affidavit 3,112
prepared by the department of human JOB AND FAMILY services 3,113
pursuant to section 5101.324 of the Revised Code and required by 3,114
section 5101.314 of the Revised Code; 3,115
(6) That the staff person, at the request of both the 3,117
mother and father, help the mother and father complete any form 3,118
or statement necessary to establish a parent and child 3,119
relationship; 3,120
(7) That the hospital provide a notary public to notarize 3,122
an acknowledgment of paternity affidavit signed by the mother and 3,123
father; 3,124
(8) That the staff person present to an unmarried mother 3,126
who is not participating in the Ohio works first program 3,127
established under Chapter 5107. or receiving medical assistance 3,128
under Chapter 5111. of the Revised Code an application for Title 3,130
IV-D services;
(9) That the staff person forward any completed 3,132
acknowledgment of paternity, no later than ten days after it is 3,133
completed, to the division of child support in the department of 3,134
human JOB AND FAMILY services; 3,135
70
(10) That the department of human JOB AND FAMILY services 3,137
pay the hospital twenty dollars for every correctly signed and 3,139
notarized acknowledgment of paternity affidavit from the 3,140
hospital.
On or before April 1, 1998, each hospital shall enter into 3,143
a contract with the department of human JOB AND FAMILY services 3,144
pursuant to this section regarding the duties imposed by this 3,146
section and section 3727.17 of the Revised Code concerning 3,147
paternity establishment. A hospital that fails to enter into a 3,148
contract shall not receive the fee from the department for 3,149
correctly signed and notarized affidavits submitted by the 3,150
hospital. 3,151
(C) Not later than July 1, 1998, and the first day of each 3,155
July thereafter, the department of human JOB AND FAMILY services 3,156
shall complete a report on the hospitals that have not entered 3,158
into contracts described in this section. The department shall 3,159
submit the report to the chairperson and ranking minority member 3,160
of the committees of the house of representatives and senate with 3,161
primary responsibility for issues concerning paternity 3,162
establishment.
(D) If the hospital knows or determines that a man is 3,164
presumed under section 3111.03 of the Revised Code to be the 3,166
father of the child described in this section, the hospital shall 3,167
take no further action with regard to an acknowledgment and shall 3,168
not send an acknowledgment to the division. 3,169
Sec. 2705.02. A person guilty of any of the following acts 3,178
may be punished as for a contempt: 3,179
(A) Disobedience of, or resistance to, a lawful writ, 3,181
process, order, rule, judgment, or command of a court or officer; 3,182
(B) Misbehavior of an officer of the court in the 3,184
performance of official duties, or in official transactions; 3,186
(C) A failure to obey a subpoena duly served, or a refusal 3,188
to be sworn or to answer as a witness, when lawfully required; 3,189
(D) The rescue, or attempted rescue, of a person or of 3,191
71
property in the custody of an officer by virtue of an order or 3,192
process of court held by the officer; 3,193
(E) A failure upon the part of a person recognized to 3,195
appear as a witness in a court to appear in compliance with the 3,196
terms of the person's recognizance; 3,197
(F) A failure to comply with an order issued pursuant to 3,199
section 3111.20, 3111.211, or 3111.22 of the Revised Code or a 3,200
withholding or deduction notice issued under section 3111.23 of 3,202
the Revised Code;
(G) A failure to obey a subpoena issued by the department 3,204
of human JOB AND FAMILY services or a child support enforcement 3,205
agency pursuant to section 5101.37 of the Revised Code; 3,207
(H) A willful failure to submit to genetic testing, or a 3,210
willful failure to submit a child to genetic testing, as required 3,211
by an order for genetic testing issued under section 3111.22 of 3,212
the Revised Code. 3,213
Sec. 3313.64. (A) As used in this section and in section 3,224
3313.65 of the Revised Code: 3,225
(1) "Parent" means either parent, unless the parents are 3,227
separated or divorced or their marriage has been dissolved or 3,228
annulled, in which case "parent" means the parent who is the 3,229
residential parent and legal custodian of the child. When a 3,230
child is in the legal custody of a government agency or a person 3,231
other than the child's natural or adoptive parent, "parent" means 3,232
the parent with residual parental rights, privileges, and 3,233
responsibilities. When a child is in the permanent custody of a 3,234
government agency or a person other than the child's natural or 3,235
adoptive parent, "parent" means the parent who was divested of 3,236
parental rights and responsibilities for the care of the child 3,237
and the right to have the child live with the parent and be the 3,238
legal custodian of the child and all residual parental rights, 3,240
privileges, and responsibilities. 3,241
(2) "Legal custody," "permanent custody," and "residual 3,243
parental rights, privileges, and responsibilities" have the same 3,244
72
meanings as in section 2151.011 of the Revised Code. 3,245
(3) "School district" or "district" means a city, local, 3,247
or exempted village school district and excludes any school 3,248
operated in an institution maintained by the department of youth 3,249
services. 3,250
(4) Except as used in division (C)(2) of this section, 3,252
"home" means a home, institution, family foster home, group home, 3,253
or other residential facility in this state that receives and 3,254
cares for children, to which any of the following applies: 3,255
(a) The home is licensed, certified, or approved for such 3,257
purpose by the state or is maintained by the department of youth 3,258
services. 3,259
(b) The home is operated by a person who is licensed, 3,261
certified, or approved by the state to operate the home for such 3,262
purpose. 3,263
(c) The home accepted the child through a placement by a 3,265
person licensed, certified, or approved to place a child in such 3,266
a home by the state. 3,267
(d) The home is a children's home created under section 3,269
5153.21 or 5153.36 of the Revised Code. 3,270
(5) "Agency" means all of the following: 3,272
(a) A public children services agency; 3,274
(b) An organization that holds a certificate issued by the 3,276
Ohio department of human JOB AND FAMILY services in accordance 3,277
with the requirements of section 5103.03 of the Revised Code and 3,279
assumes temporary or permanent custody of children through 3,280
commitment, agreement, or surrender, and places children in 3,281
family homes for the purpose of adoption; 3,282
(c) Comparable agencies of other states or countries that 3,284
have complied with applicable requirements of section 2151.39, or 3,285
sections 5103.20 to 5103.28 of the Revised Code. 3,286
(6) A child is placed for adoption if either of the 3,288
following occurs: 3,289
(a) An agency to which the child has been permanently 3,291
73
committed or surrendered enters into an agreement with a person 3,292
pursuant to section 5103.06 5103.16 of the Revised Code for the 3,294
care and adoption of the child. 3,295
(b) The child's natural parent places the child pursuant 3,297
to section 5103.16 of the Revised Code with a person who will 3,298
care for and adopt the child. 3,299
(7) "Handicapped preschool child" means a handicapped 3,301
child, as defined by division (A) of section 3323.01 of the 3,302
Revised Code, who is at least three years of age but is not of 3,303
compulsory school age, as defined in section 3321.01 of the 3,304
Revised Code, and who is not currently enrolled in kindergarten. 3,305
(8) "Child," unless otherwise indicated, includes 3,307
handicapped preschool children. 3,308
(B) Except as otherwise provided in section 3321.01 of the 3,310
Revised Code for admittance to kindergarten and first grade, a 3,311
child who is at least five but under twenty-two years of age and 3,312
any handicapped preschool child shall be admitted to school as 3,313
provided in this division. 3,314
(1) A child shall be admitted to the schools of the school 3,316
district in which the child's parent resides. 3,317
(2) A child who does not reside in the district where the 3,320
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 3,322
applies:
(a) The child is in the legal or permanent custody of a 3,324
government agency or a person other than the child's natural or 3,326
adoptive parent. 3,327
(b) The child resides in a home. 3,329
(c) The child requires special education. 3,331
(3) A child who is not entitled under division (B)(2) of 3,333
this section to be admitted to the schools of the district where 3,334
the child resides and who is residing with a resident of this 3,335
state with whom the child has been placed for adoption shall be 3,337
admitted to the schools of the district where the child resides 3,339
74
unless either of the following applies: 3,340
(a) The placement for adoption has been terminated. 3,342
(b) Another school district is required to admit the child 3,344
under division (B)(1) of this section. 3,345
Division (B) of this section does not prohibit the board of 3,347
education of a school district from placing a handicapped child 3,348
who resides in the district in a special education program 3,349
outside of the district or its schools in compliance with Chapter 3,350
3323. of the Revised Code. 3,351
(C) A district shall not charge tuition for children 3,353
admitted under division (B)(1) or (3) of this section. If the 3,354
district admits a child under division (B)(2) of this section, 3,355
tuition shall be paid to the district that admits the child as 3,356
follows: 3,357
(1) If the child receives special education in accordance 3,359
with Chapter 3323. of the Revised Code, tuition shall be paid in 3,360
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 3,361
of the Revised Code regardless of who has custody of the child or 3,362
whether the child resides in a home. 3,363
(2) Except as otherwise provided in division (C)(2)(d) of 3,365
this section, if the child is in the permanent or legal custody 3,366
of a government agency or person other than the child's parent, 3,367
tuition shall be paid by: 3,368
(a) The district in which the child's parent resided at 3,370
the time the court removed the child from home or at the time the 3,372
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 3,373
(b) If the parent's residence at the time the court 3,375
removed the child from home or placed the child in the legal or 3,377
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 3,378
at the time the child was removed from home or placed in legal or 3,380
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 3,382
75
division (C)(2)(a) or (b) of this section, tuition shall be paid 3,383
by the district determined as required by section 2151.357 of the 3,384
Revised Code by the court at the time it vests custody of the 3,385
child in the person or government agency. 3,386
(d) If at the time the court removed the child from home 3,389
or vested legal or permanent custody of the child in the person 3,390
or government agency, whichever occurred first, one parent was in 3,391
a residential or correctional facility or a juvenile residential 3,392
placement and the other parent, if living and not in such a 3,393
facility or placement, was not known to reside in this state, 3,394
tuition shall be paid by the district determined under division 3,395
(D) of section 3313.65 of the Revised Code as the district 3,396
required to pay any tuition while the parent was in such facility 3,397
or placement.
(3) If the child is not in the permanent or legal custody 3,399
of a government agency or person other than the child's parent 3,401
and the child resides in a home, tuition shall be paid by one of 3,402
the following:
(a) The school district in which the child's parent 3,404
resides; 3,405
(b) If the child's parent is not a resident of this state, 3,407
the home in which the child resides. 3,408
(D) Tuition required to be paid under divisions (C)(2) and 3,410
(3)(a) of this section shall be computed in accordance with 3,411
section 3317.08 of the Revised Code. Tuition required to be paid 3,412
under division (C)(3)(b) of this section shall be computed in 3,413
accordance with section 3317.081 of the Revised Code. If a home 3,414
fails to pay the tuition required by division (C)(3)(b) of this 3,415
section, the board of education providing the education may 3,416
recover in a civil action the tuition and the expenses incurred 3,417
in prosecuting the action, including court costs and reasonable 3,418
attorney's fees. If the prosecuting attorney or city director of 3,419
law represents the board in such action, costs and reasonable 3,420
attorney's fees awarded by the court, based upon the prosecuting 3,421
76
attorney's, director's, or one of their designee's time spent 3,423
preparing and presenting the case, shall be deposited in the 3,424
county or city general fund. 3,425
(E) A board of education may enroll a child free of any 3,427
tuition obligation for a period not to exceed sixty days, on the 3,428
sworn statement of an adult resident of the district that the 3,429
resident has initiated legal proceedings for custody of the 3,431
child.
(F) In the case of any individual entitled to attend 3,433
school under this division, no tuition shall be charged by the 3,434
school district of attendance and no other school district shall 3,435
be required to pay tuition for the individual's attendance. 3,436
Notwithstanding division (B), (C), or (E) of this section: 3,437
(1) All persons at least eighteen but under twenty-two 3,439
years of age who live apart from their parents, support 3,440
themselves by their own labor, and have not successfully 3,441
completed the high school curriculum or the individualized 3,442
education program developed for the person by the high school 3,443
pursuant to section 3323.08 of the Revised Code, are entitled to 3,444
attend school in the district in which they reside. 3,445
(2) Any child under eighteen years of age who is married 3,447
is entitled to attend school in the child's district of 3,448
residence. 3,449
(3) A child is entitled to attend school in the district 3,451
in which either of the child's parents is employed if the child 3,453
has a medical condition that may require emergency medical 3,454
attention. The parent of a child entitled to attend school under 3,455
division (F)(3) of this section shall submit to the board of 3,456
education of the district in which the parent is employed a 3,457
statement from the child's physician certifying that the child's 3,458
medical condition may require emergency medical attention. The 3,459
statement shall be supported by such other evidence as the board 3,460
may require.
(4) Any child residing with a person other than the 3,462
77
child's parent is entitled, for a period not to exceed twelve 3,464
months, to attend school in the district in which that person 3,465
resides if the child's parent files an affidavit with the 3,466
superintendent of the district in which the person with whom the 3,467
child is living resides stating all of the following: 3,468
(a) That the parent is serving outside of the state in the 3,470
armed services of the United States; 3,471
(b) That the parent intends to reside in the district upon 3,473
returning to this state; 3,474
(c) The name and address of the person with whom the child 3,476
is living while the parent is outside the state. 3,477
(5) Any child under the age of twenty-two years who, after 3,479
the death of a parent, resides in a school district other than 3,480
the district in which the child attended school at the time of 3,481
the parent's death is entitled to continue to attend school in 3,482
the district in which the child attended school at the time of 3,483
the parent's death for the remainder of the school year, subject 3,484
to approval of that district board. 3,485
(6) A child under the age of twenty-two years who resides 3,487
with a parent who is having a new house built in a school 3,488
district outside the district where the parent is residing is 3,489
entitled to attend school for a period of time in the district 3,490
where the new house is being built. In order to be entitled to 3,491
such attendance, the parent shall provide the district 3,492
superintendent with the following: 3,493
(a) A sworn statement explaining the situation, revealing 3,495
the location of the house being built, and stating the parent's 3,496
intention to reside there upon its completion; 3,497
(b) A statement from the builder confirming that a new 3,499
house is being built for the parent and that the house is at the 3,500
location indicated in the parent's statement. 3,501
(7) A child under the age of twenty-two years residing 3,503
with a parent who has a contract to purchase a house in a school 3,504
district outside the district where the parent is residing and 3,505
78
who is waiting upon the date of closing of the mortgage loan for 3,506
the purchase of such house is entitled to attend school for a 3,507
period of time in the district where the house is being 3,508
purchased. In order to be entitled to such attendance, the 3,509
parent shall provide the district superintendent with the 3,510
following: 3,511
(a) A sworn statement explaining the situation, revealing 3,513
the location of the house being purchased, and stating the 3,514
parent's intent to reside there; 3,515
(b) A statement from a real estate broker or bank officer 3,517
confirming that the parent has a contract to purchase the house, 3,518
that the parent is waiting upon the date of closing of the 3,519
mortgage loan, and that the house is at the location indicated in 3,520
the parent's statement. 3,521
The district superintendent shall establish a period of 3,523
time not to exceed ninety days during which the child entitled to 3,524
attend school under division (F)(6) or (7) of this section may 3,525
attend without tuition obligation. A student attending a school 3,526
under division (F)(6) or (7) of this section shall be eligible to 3,527
participate in interscholastic athletics under the auspices of 3,528
that school, provided the board of education of the school 3,529
district where the student's parent resides, by a formal action, 3,530
releases the student to participate in interscholastic athletics 3,531
at the school where the student is attending, and provided the 3,532
student receives any authorization required by a public agency or 3,533
private organization of which the school district is a member 3,534
exercising authority over interscholastic sports. 3,535
(8) A child whose parent is a full-time employee of a 3,537
city, local, or exempted village school district, or of an 3,538
educational service center, may be admitted to the schools of the 3,540
district where the child's parent is employed, or in the case of 3,541
a child whose parent is employed by an educational service 3,542
center, in the district that serves the location where the 3,543
parent's job is primarily located, provided the district board of 3,544
79
education establishes such an admission policy by resolution 3,545
adopted by a majority of its members. Any such policy shall take 3,546
effect on the first day of the school year and the effective date 3,547
of any amendment or repeal may not be prior to the first day of 3,548
the subsequent school year. The policy shall be uniformly 3,549
applied to all such children and shall provide for the admission 3,550
of any such child upon request of the parent. No child may be 3,551
admitted under this policy after the first day of classes of any 3,552
school year.
(9) A child who is with the child's parent under the care 3,554
of a shelter for victims of domestic violence, as defined in 3,556
section 3113.33 of the Revised Code, is entitled to attend school 3,557
free in the district in which the child is with the child's 3,558
parent, and no other school district shall be required to pay 3,561
tuition for the child's attendance in that school district. 3,563
The enrollment of a child in a school district under this 3,565
division shall not be denied due to a delay in the school 3,566
district's receipt of any records required under section 3313.672 3,567
of the Revised Code or any other records required for enrollment. 3,568
Any days of attendance and any credits earned by a child while 3,569
enrolled in a school district under this division shall be 3,570
transferred to and accepted by any school district in which the 3,571
child subsequently enrolls. The state board of education shall 3,572
adopt rules to ensure compliance with this division. 3,573
(10) Any child under the age of twenty-two years whose 3,575
parent has moved out of the school district after the 3,576
commencement of classes in the child's senior year of high school 3,577
is entitled, subject to the approval of that district board, to 3,578
attend school in the district in which the child attended school 3,579
at the time of the parental move for the remainder of the school 3,580
year and for one additional semester or equivalent term. A 3,582
district board may also adopt a policy specifying extenuating 3,583
circumstances under which a student may continue to attend school 3,584
under division (F)(10) of this section for an additional period 3,585
80
of time in order to successfully complete the high school 3,586
curriculum for the individualized education program developed for 3,587
the student by the high school pursuant to section 3323.08 of the 3,588
Revised Code.
(11) As used in this division, "grandparent" means a 3,590
parent of a parent of a child. A child under the age of 3,591
twenty-two years who is in the custody of the child's parent, 3,593
resides with a grandparent, and does not require special 3,594
education is entitled to attend the schools of the district in 3,595
which the child's grandparent resides, provided that, prior to 3,597
such attendance in any school year, the board of education of the 3,598
school district in which the child's grandparent resides and the 3,599
board of education of the school district in which the child's 3,601
parent resides enter into a written agreement specifying that 3,603
good cause exists for such attendance, describing the nature of 3,604
this good cause, and consenting to such attendance. 3,605
In lieu of a consent form signed by a parent, a board of 3,607
education may request the grandparent of a child attending school 3,608
in the district in which the grandparent resides pursuant to 3,609
division (F)(11) of this section to complete any consent form 3,610
required by the district, including any authorization required by 3,611
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 3,612
Upon request, the grandparent shall complete any consent form 3,613
required by the district. A school district shall not incur any 3,614
liability solely because of its receipt of a consent form from a 3,615
grandparent in lieu of a parent. 3,616
Division (F)(11) of this section does not create, and shall 3,619
not be construed as creating, a new cause of action or 3,620
substantive legal right against a school district, a member of a 3,621
board of education, or an employee of a school district. This 3,622
section does not affect, and shall not be construed as affecting, 3,623
any immunities from defenses to tort liability created or 3,624
recognized by Chapter 2744. of the Revised Code for a school 3,625
district, member, or employee.
81
(12) A child under the age of twenty-two years is entitled 3,628
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 3,630
(C), or (E) of this section provided that, prior to such 3,632
attendance in any school year, both of the following occur: 3,633
(a) The superintendent of the district in which the child 3,635
is entitled to attend school under division (B), (C), or (E) of 3,638
this section contacts the superintendent of another district for
purposes of this division; 3,640
(b) The superintendents of both districts enter into a 3,643
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 3,645
physical or mental well-being or to deal with other extenuating 3,646
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 3,648
student who is not receiving special education under Chapter 3,649
3323. of the Revised Code and notwithstanding Chapter 3327. of 3,650
the Revised Code, the board of education of neither school 3,651
district involved in the agreement is required to provide 3,652
transportation for the student to and from the school where the 3,653
student attends.
A student attending a school of a district pursuant to this 3,655
division shall be allowed to participate in all student 3,656
activities, including interscholastic athletics, at the school 3,657
where the student is attending on the same basis as any student 3,658
who has always attended the schools of that district while of 3,659
compulsory school age.
(G) A board of education, after approving admission, may 3,661
waive tuition for students who will temporarily reside in the 3,662
district and who are either of the following: 3,663
(1) Residents or domiciliaries of a foreign nation who 3,665
request admission as foreign exchange students; 3,666
(2) Residents or domiciliaries of the United States but 3,668
not of Ohio who request admission as participants in an exchange 3,669
82
program operated by a student exchange organization. 3,670
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3,672
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 3,673
attend school or participate in a special education program in a 3,674
school district other than in the district where the child is 3,675
entitled to attend school under division (B) of this section. 3,676
(I) This division does not apply to a child receiving 3,678
special education. 3,679
A school district required to pay tuition pursuant to 3,681
division (C)(2) or (3) of this section or section 3313.65 of the 3,682
Revised Code shall have an amount deducted under division (F) of 3,684
section 3317.023 of the Revised Code equal to its own tuition 3,685
rate for the same period of attendance. A school district 3,686
entitled to receive tuition pursuant to division (C)(2) or (3) of 3,687
this section or section 3313.65 of the Revised Code shall have an 3,688
amount credited under division (F) of section 3317.023 of the 3,690
Revised Code equal to its own tuition rate for the same period of 3,691
attendance. If the tuition rate credited to the district of 3,692
attendance exceeds the rate deducted from the district required 3,693
to pay tuition, the department of education shall pay the 3,694
district of attendance the difference from amounts deducted from 3,695
all districts' payments under division (F) of section 3317.023 of 3,697
the Revised Code but not credited to other school districts under 3,698
such division and from appropriations made for such purpose. The 3,699
treasurer of each school district shall, by the fifteenth day of 3,700
January and July, furnish the superintendent of public 3,701
instruction a report of the names of each child who attended the 3,702
district's schools under divisions (C)(2) and (3) of this section 3,703
or section 3313.65 of the Revised Code during the preceding six 3,704
calendar months, the duration of the attendance of those 3,705
children, the school district responsible for tuition on behalf 3,706
of the child, and any other information that the superintendent 3,707
requires. 3,708
Upon receipt of the report the superintendent, pursuant to 3,710
83
division (F) of section 3317.023 of the Revised Code, shall 3,711
deduct each district's tuition obligations under divisions (C)(2) 3,712
and (3) of this section or section 3313.65 of the Revised Code 3,713
and pay to the district of attendance that amount plus any amount 3,714
required to be paid by the state. 3,715
(J) In the event of a disagreement, the superintendent of 3,717
public instruction shall determine the school district in which 3,718
the parent resides. 3,719
(K) Nothing in this section requires or authorizes, or 3,721
shall be construed to require or authorize, the admission to a 3,722
public school in this state of a pupil who has been permanently 3,723
excluded from public school attendance by the superintendent of 3,724
public instruction pursuant to sections 3301.121 and 3313.662 of 3,725
the Revised Code. 3,726
Sec. 4112.12. (A) There is hereby created the commission 3,735
on African-American males, which shall consist of not more than 3,736
forty-one members as follows: the directors or their designees 3,737
of the departments of health, development, alcohol and drug 3,738
addiction services, human JOB AND FAMILY services, rehabilitation 3,740
and correction, mental health, and youth services; the 3,741
administrator or the administrator's designee of the bureau of 3,742
employment services; the adjutant general or the adjutant 3,744
general's designee; the equal employment opportunity officer of 3,745
the department of administrative services or the equal employment 3,747
opportunity officer's designee; the executive director or the 3,748
executive director's designee of the Ohio civil rights 3,749
commission; the director or the director's designee of the office 3,752
of criminal justice services; the superintendent of public
instruction; the chancellor or the chancellor's designee of the 3,754
Ohio board of regents; two members of the house of 3,755
representatives appointed by the speaker of the house of 3,756
representatives; three members of the senate appointed by the 3,757
president of the senate; and not more than twenty-two 3,758
TWENTY-THREE members appointed by the governor. The members 3,759
84
appointed by the governor shall include AN ADDITIONAL MEMBER OF 3,760
THE GOVERNOR'S CABINET at least one representative of each of the 3,762
following: the national association for the advancement of 3,763
colored people; the urban league; an organization representing 3,764
black elected officials; an organization representing black 3,765
attorneys; the black religious community; the black business 3,766
community; the nonminority business community; and organized 3,767
labor; at least one black medical doctor, one black elected 3,768
member of a school board, and one black educator; and at least 3,769
two representatives of local private industry councils. The 3,770
remaining members that may be appointed by the governor shall be 3,771
selected from elected officials, civic and community leaders, and 3,772
representatives of the employment, criminal justice, education, 3,773
and health communities.
(B) Terms of office shall be for three years, with each 3,777
term ending on the same day of the same month as did the term 3,778
that it succeeds. Each member shall hold office from the date of 3,779
appointment until the end of the term for which the member was 3,780
appointed. Members may be reappointed. Vacancies shall be 3,781
filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the 3,782
expiration date of the term for which the member's predecessor 3,784
was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the 3,785
expiration date of the member's term until the member's successor 3,787
takes office or until a period of sixty days has elapsed, 3,788
whichever occurs first.
The commission annually shall elect a chairperson from 3,791
among its members.
(C) Members of the commission and members of subcommittees 3,793
appointed under division (B) of section 4112.13 of the Revised 3,794
Code shall not be compensated, but shall be reimbursed for their 3,795
necessary and actual expenses incurred in the performance of 3,796
their official duties. 3,797
85
(D)(1) The Ohio civil rights commission shall serve as the 3,800
commission on African-American males' fiscal agent and shall 3,802
perform all of the following services:
(a) Prepare and process payroll and other personnel 3,804
documents that the commission on African-American males approves; 3,805
(b) Maintain ledgers of accounts and reports of account 3,807
balances, and monitor budgets and allotment plans in consultation 3,808
with the commission on African-American males; 3,809
(c) Perform other routine support services that the 3,811
executive director of the Ohio civil rights commission or the 3,813
executive director's designee and the Commission on 3,814
African-American males or its designee consider appropriate to 3,815
achieve efficiency.
(2) The Ohio civil rights commission shall not approve any 3,817
payroll or other personnel-related documents or any biennial 3,818
budget, grant, expenditure, audit, or fiscal-related document 3,819
without the advice and consent of the commission on 3,820
African-American males. 3,822
(3) The Ohio civil rights commission shall determine fees 3,824
to be charged to the commission on African-American males for 3,825
services performed under this division, which shall be in 3,826
proportion to the services performed for the commission on 3,827
African-American males. 3,828
(4) The commission on African-American males or its 3,830
designee has: 3,832
(a) Sole authority to draw funds for any federal program 3,835
in which the commission is authorized to participate; 3,836
(b) Sole authority to expend funds from accounts for 3,838
programs and any other necessary expenses the commission on 3,839
African-American males may incur; 3,841
(c) The duty to cooperate with the Ohio civil rights 3,843
commission to ensure that the Ohio civil rights commission is 3,844
fully apprised of all financial transactions. 3,845
(E) The commission on African-American males shall appoint 3,847
86
an executive director, who shall be in the unclassified civil 3,848
service. The executive director shall supervise the commission's 3,849
activities and report to the commission on the progress of those 3,850
activities. The executive director shall do all things necessary 3,851
for the efficient and effective implementation of the duties of 3,852
the commission. 3,853
The responsibilities assigned to the executive director do 3,855
not relieve the members of the commission from final 3,856
responsibility for the proper performance of the requirements of 3,857
this division.
(F) The commission on African-American males shall: 3,860
(1) Employ, promote, supervise, and remove all employees, 3,862
as needed, in connection with the performance of its duties under 3,863
this section; 3,864
(2) Maintain its office in Columbus; 3,866
(3) Acquire facilities, equipment, and supplies necessary 3,868
to house the commission, its employees, and files and records 3,869
under its control, and to discharge any duty imposed upon it by 3,870
law. The expense of these acquisitions shall be audited and paid 3,871
for in the same manner as other state expenses. 3,872
(4) Prepare and submit to the office of budget and 3,874
management a budget for each biennium in accordance with sections 3,875
101.55 and 107.03 of the Revised Code. The budget submitted 3,876
shall cover the costs of the commission and its staff in the 3,877
discharge of any duty imposed upon the commission by law. The 3,878
commission shall pay its own payroll and other operating expenses 3,879
from appropriation items designated by the general assembly. The 3,880
commission shall not delegate any authority to obligate funds. 3,881
(5) Establish the overall policy and management of the 3,883
commission in accordance with this chapter; 3,884
(6) Follow all state procurement requirements; 3,886
(7) Pay fees owed to the Ohio civil rights commission 3,888
under division (D) of this section from the commission on 3,889
African-American males' general revenue fund or from any other 3,891
87
fund from which the operating expenses of the commission on 3,892
African-American males are paid. Any amounts set aside for a 3,894
fiscal year for the payment of such fees shall be used only for 3,895
the services performed for the commission on African-American 3,896
males by the Ohio civil rights commission in that fiscal year. 3,897
(G) The commission on African-American males may: 3,900
(1) Hold sessions at any place within the state; 3,902
(2) Establish, change, or abolish positions, and assign 3,904
and reassign duties and responsibilities of any employee of the 3,905
commission on African-American males as necessary to achieve the 3,906
most efficient performance of its functions. 3,907
Sec. 4141.04. The Ohio state employment service is hereby 3,916
established as a division of the bureau of employment DIRECTOR OF 3,917
JOB AND FAMILY services and shall establish and maintain free OR 3,919
ENSURE THE EXISTENCE OF public employment offices THAT ARE FREE 3,921
TO THE GENERAL PUBLIC. THESE OFFICES SHALL EXIST in such number 3,922
and in such places as are necessary for the proper administration 3,923
of sections 4141.01 to 4141.46 of the Revised Code THIS CHAPTER, 3,924
to perform such duties as are within the purview of the act of 3,926
congress entitled "an act to provide for the establishment of a 3,927
national employment system and for cooperation with the states in 3,928
the promotion of such system, and for other purposes," approved 3,929
June 6, 1933, as amended, WHICH IS KNOWN AS THE "WAGNER-PEYSER 3,930
ACT." The division shall be administered by a full-time salaried 3,932
director, who shall cooperate with any official or agency of the 3,933
United States having powers or duties under said THAT act of 3,934
congress and shall do and perform all things necessary to secure 3,936
to this state the benefits of said THAT act of congress in the 3,937
promotion and maintenance of a system of public employment 3,939
offices. Said THAT act of congress is hereby accepted by this 3,941
state, in conformity with sections 4141.23 to 4141.26 of the 3,942
Revised Code THAT ACT OF CONGRESS AND TITLE III OF THE "SOCIAL 3,943
SECURITY ACT," AND THE "FEDERAL UNEMPLOYMENT TAX ACT," 26 3,945
U.S.C.A. 3301, AS AMENDED, and this state will observe and comply 3,946
88
with the requirements thereof. The Ohio state employment service 3,947
DEPARTMENT OF JOB AND FAMILY SERVICES is hereby designated and 3,948
constituted the agency of this state for the purposes of said 3,949
THAT act OF CONGRESS. 3,950
The administrator of the bureau of employment services 3,952
DIRECTOR may cooperate with or enter into agreements with the 3,954
railroad retirement board with respect to the establishment, 3,955
maintenance, and use of free employment service facilities THAT 3,956
ARE FREE TO THE GENERAL PUBLIC. The administrator shall appoint 3,958
the director, other officers, and employees of the Ohio state 3,959
employment service. Such appointment shall be made in accordance 3,960
with regulations prescribed by the director of the United States 3,961
employment service.
All moneys received by this state under said THE act of 3,963
congress KNOWN AS THE WAGNER-PEYSER ACT shall be paid into the 3,966
special employment service account in the unemployment 3,967
compensation administration fund, and said THOSE moneys are 3,968
hereby made available to the Ohio state employment service 3,969
DIRECTOR to be expended as provided by this section and by said 3,971
THAT act of congress. For the purpose of establishing and 3,972
maintaining free public employment offices THAT ARE FREE TO THE 3,973
GENERAL PUBLIC, the division DIRECTOR may enter into agreements 3,975
with the railroad retirement board or any other agency of the 3,976
United States charged with the administration of an unemployment 3,977
compensation law, with any political subdivision of this state, 3,978
or with any private, nonprofit organization and as a part of any 3,979
such agreement the administrator DIRECTOR may accept moneys, 3,980
services, or quarters as a contribution to the employment service 3,982
account.
THE DIRECTOR SHALL MAINTAIN LABOR MARKET INFORMATION AND 3,984
EMPLOYMENT STATISTICS AS NECESSARY FOR THE ADMINISTRATION OF THIS 3,985
CHAPTER.
The administrator of the bureau of employment services 3,987
DIRECTOR shall appoint an individual from the employment service 3,988
89
division EMPLOYEE OF THE DEPARTMENT to serve as an ex officio 3,990
member of the governor's council to maintain a liaison between 3,991
the bureau of employment services DEPARTMENT and the governor's 3,993
council on people with disabilities.
Sec. 4141.042. (A) There is created within the bureau of 4,002
employment services a women's division, whose THE director OF JOB 4,004
AND FAMILY SERVICES shall be appointed by the administrator. 4,005
(B) The women's division shall TAKE AFFIRMATIVE STEPS TO 4,007
promote programs to improve the employment competencies AND 4,009
UPWARD MOBILITY of women and to enhance their employment 4,011
opportunities, giving. THE DIRECTOR SHALL PLACE particular 4,012
attention to EMPHASIS ON education, child care, labor conditions, 4,013
equality of entrance requirements, and eligibility for promotion. 4,014
In pursuance thereof, the division DIRECTOR shall: 4,015
(1)(A) Serve as a clearinghouse for information; 4,017
(2)(B) Assist state and local government agencies 4,019
WORKFORCE DEVELOPMENT PROVIDERS in improving the employment 4,021
competencies of and opportunities for women. 4,022
(C) The division also may: 4,024
(1) Conduct studies and research on subjects related to 4,026
its functions and responsibilities; 4,027
(2)(C) Evaluate and make recommendations to the 4,029
administrator DIRECTOR regarding legislation affecting the 4,031
employment competencies of and opportunities for women. 4,032
Sec. 4141.046. No compensation or fee, either directly or 4,041
indirectly, shall be charged or received from any person seeking 4,042
employment or any person desiring to employ labor through a free 4,043
public employment office DESCRIBED IN SECTION 4141.04 OF THE 4,044
REVISED CODE. No officer or employee of the Ohio state 4,046
employment service PERSON shall violate this section. 4,047
Sec. 4141.06. There is hereby created an unemployment 4,056
compensation review commission consisting of three full-time 4,057
members appointed by the governor, with the advice and consent of 4,058
the senate. Terms of office shall be staggered and shall be for 4,059
90
six years, commencing on the twenty-eighth day of February and 4,061
ending on the twenty-seventh day of February. Each member shall 4,062
hold office from the date of appointment until the end of the 4,063
term for which the member was appointed. Any member appointed to 4,064
fill a vacancy occurring prior to the expiration of the term for 4,065
which the member's predecessor was appointed shall hold office 4,066
for the remainder of such term. Any member shall continue in 4,067
office subsequent to the expiration date of the member's term 4,068
until the member's successor takes office, or until a period of 4,069
sixty days has elapsed, whichever occurs first. The chairperson 4,070
of the commission and each member shall be paid a salary fixed
pursuant to section 124.14 of the Revised Code. The governor, at 4,072
any time, may remove any member for inefficiency, neglect of
duty, malfeasance, misfeasance, or nonfeasance in office. 4,073
Not more than one of the appointees to the commission shall 4,075
be a person who, on account of the appointee's previous vocation, 4,076
employment, or affiliations, can be classed as a representative 4,077
of employers, and not more than one of the appointees shall be a 4,078
person who, on account of the appointee's previous vocation, 4,079
employment, or affiliations, can be classed as a representative 4,080
of employees. Not more than two of the members of the commission 4,081
shall belong to the same political party. No member of the 4,082
commission shall hold any position of trust or profit or engage 4,083
in any occupation or business interfering or inconsistent with 4,084
the member's duties as a member and no member shall serve on any 4,085
committee of any political party. The commission shall elect a 4,086
chairperson and a vice-chairperson. The vice-chairperson shall 4,087
exercise the powers of the chairperson in the chairperson's 4,088
absence.
No commission member shall participate in the disposition 4,090
of any appeal in which the member has an interest in the 4,091
controversy. Challenges to the interest of any commission member 4,093
may be made by any interested party defined in division (I) of 4,094
section 4141.01 of the Revised Code and shall be in writing. All 4,095
91
challenges shall be decided by the chairperson of the advisory 4,096
council, who, if the challenge is found to be well taken, shall 4,097
advise the governor, who shall appoint a member of the advisory 4,098
council representing the same affiliations to act and receive the 4,099
same compensation for serving in place of such member. 4,100
The commission may appoint a secretary to hold office at 4,102
its pleasure. The secretary shall have such powers and shall 4,104
perform such duties as the commission prescribes and shall keep a 4,105
record of the proceedings of the commission and of its 4,106
determinations. The secretary shall receive a salary fixed 4,108
pursuant to section 124.14 of the Revised Code. Notwithstanding
division (A)(8) of section 124.11 of the Revised Code, each 4,110
member of the commission may appoint a private secretary who 4,111
shall be in the classified service of the state and hold office 4,112
at the pleasure of such member. 4,113
Two members of the commission constitute a quorum and no 4,115
action of the commission is valid unless it has the concurrence 4,116
of at least two members. A vacancy on the commission does not 4,117
impair the right of a quorum to exercise all the rights and 4,118
perform all the duties of the commission. 4,119
Hearings before the commission are held at the hearing 4,121
officer level and the review level. Unless otherwise provided in 4,122
this chapter, initial hearings involving claims for compensation 4,123
and other unemployment compensation issues are conducted at the 4,124
hearing officer level by hearing officers appointed by the 4,125
commission. Hearings at the review level are conducted by 4,126
hearing officers appointed by the commission, by members of the 4,127
commission acting either individually or collectively, and by 4,128
members of the commission and hearing officers acting jointly. 4,129
In all hearings conducted at the review level, the commission 4,130
shall designate the hearing officer or officers who are to
conduct the hearing. When the term "hearing officer" is used in 4,131
reference to hearings conducted at the review level, the term 4,132
includes members of the commission. All decisions issued at the 4,133
92
review level are issued by the commission.
The commission and its hearing officers shall hear appeals 4,135
arising from determinations of the administrator DIRECTOR of the 4,136
bureau of employment JOB AND FAMILY services involving claims for 4,138
compensation and other unemployment compensation issues. The 4,139
commission shall adopt, amend, or rescind rules of procedure, and 4,141
undertake such investigations, and take such action required for 4,142
the hearing and disposition of appeals as it deems necessary and 4,143
consistent with sections 4141.01 to 4141.46 of the Revised Code 4,144
THIS CHAPTER. The rules adopted by the commission shall be 4,145
effective to the extent that the rules are consistent with such 4,146
sections THIS CHAPTER. 4,147
The commission, subject to Chapter 124. of the Revised 4,149
Code, and with the approval of the governor, shall appoint such 4,150
hearing officers as are necessary. The hearing officers shall be 4,152
classified by the department of administrative services. Any 4,154
promotions or increases in compensation of the hearing officers 4,156
may be recommended by the commission subject to classifications 4,157
which are made by the department OF ADMINISTRATIVE SERVICES. The 4,158
members of the commission and hearing officers may conduct 4,160
hearings for unemployment compensation appeals coming before the 4,161
commission. The members and hearing officers may exercise all 4,162
powers provided by section 4141.17 of the Revised Code. 4,164
The commission, subject to Chapter 124. of the Revised 4,166
Code, may employ such support personnel as are needed to carry 4,169
out the duties of the commission. The salaries of such employees 4,170
are fixed pursuant to section 124.14 of the Revised Code. The 4,172
commission shall further provide itself and its employees with 4,173
such offices, equipment, and supplies as are necessary, using 4,174
those already provided for the central office of the bureau or 4,175
its branch offices DEPARTMENT OF JOB AND FAMILY SERVICES wherever 4,176
possible. 4,177
The commission shall have access to all ONLY the records of 4,179
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,181
93
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER AND needed 4,182
in the performance of its official duties. The commission shall 4,183
have the right to request of the administrator DIRECTOR necessary 4,184
information from any division WORK UNIT of the bureau DEPARTMENT 4,186
having that information.
The commission shall prepare and submit to the 4,188
administrator DIRECTOR an annual budget financing the costs 4,190
necessary to administer its duties under this chapter. The fund 4,191
request shall relate to, but not be limited to, the United States 4,192
department of labor's allocations for the commission's functions. 4,193
The administrator DIRECTOR shall approve the commission's request 4,195
unless funds are insufficient to finance the request. The 4,196
administrator DIRECTOR shall notify the commission of the amount 4,198
of funds available for its operation, as soon as possible, but 4,199
not later than thirty days after receiving the allocation from 4,200
the United States department of labor.
In the event that the administrator DIRECTOR determines 4,202
that sufficient funds are not available to approve the request as 4,203
submitted and a revised budget is not agreed to within thirty 4,204
days of the administrator's DIRECTOR'S notification to the 4,205
commission, the director of budget and management shall review 4,207
and determine the funding levels for the commission and notify 4,208
the commission and the administrator DIRECTOR of its THE 4,209
determination BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 4,210
Sec. 4141.08. (A) There is hereby created an unemployment 4,219
compensation advisory council appointed as follows: 4,220
(1) Three members who on account of their vocation, 4,222
employment, or affiliations can be classed as representative of 4,223
employers and three members who on account of their vocation, 4,224
employment, or affiliation can be classed as representatives of 4,225
employees appointed by the governor with the advice and consent 4,226
of the senate. All appointees shall be persons whose training 4,227
and experience qualify them to deal with the difficult problems 4,228
of unemployment compensation, particularly with respect to the 4,229
94
legal, accounting, actuarial, economic, and social aspects of 4,230
unemployment compensation; 4,231
(2) The chairpersons of the standing committees of the 4,233
senate and the house of representatives to which legislation 4,234
pertaining to Chapter 4141. of the Revised Code is customarily 4,235
referred;
(3) Two members of the senate appointed by the president 4,237
of the senate; and 4,238
(4) Two members of the house of representatives appointed 4,241
by the speaker of the house of representatives.
The speaker and the president shall arrange that of the six 4,243
legislative members appointed to the council, not more than three 4,245
are members of the same political party.
(B) Members appointed by the governor shall serve for a 4,247
term of four years, each term ending on the same day as the date 4,248
of their original appointment. Legislative members shall serve 4,249
during the session of the general assembly to which they are 4,250
elected and for as long as they are members of the general 4,251
assembly. Vacancies shall be filled in the same manner as the 4,252
original appointment but only for the unexpired part of a term. 4,253
(C) Members of the council shall serve without salary but, 4,256
notwithstanding section 101.26 of the Revised Code, shall be paid 4,257
fifty dollars per day each and their actual and necessary
expenses while engaged in the performance of their duties as 4,258
members of the council which shall be paid from funds allocated 4,260
to pay the expenses of the council pursuant to this section. 4,262
(D) The council shall organize itself and select a 4,264
chairperson or co-chairpersons and other officers and committees 4,266
as it considers necessary. Seven members constitute a quorum and 4,267
the council may act only upon the affirmative vote of seven 4,268
members. The council shall meet at least once each calendar 4,269
quarter but it may meet more often as the council considers 4,270
necessary or at the request of the chairperson. 4,271
(E) The council may employ professional and clerical 4,273
95
assistance as it considers necessary and may request of the 4,274
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 4,276
services assistance as it considers necessary. The administrator 4,277
DIRECTOR shall furnish the council with office and meeting space 4,279
as requested by the council. 4,280
(F) The administrator DIRECTOR shall pay the operating 4,282
expenses of the council as determined by the council from moneys 4,284
in the unemployment compensation special administrative fund 4,285
established in section 4141.11 of the Revised Code. 4,286
(G) The council shall have access to ONLY the records of 4,288
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,291
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER and to the 4,292
reasonable services of the employees of the bureau DEPARTMENT. 4,293
It may request the administrator DIRECTOR, or any of the 4,295
employees appointed by the administrator DIRECTOR, or any 4,296
employer or employee subject to Chapter 4141. of the Revised Code 4,298
THIS CHAPTER, to appear before it and to testify relative to the 4,299
functioning of such sections THIS CHAPTER and to other relevant 4,300
matters. The council may conduct research of its own, make and 4,302
publish reports, and recommend to the administrator DIRECTOR, the 4,303
unemployment compensation review commission, the governor, or the 4,305
general assembly needed changes in Chapter 4141. of the Revised 4,306
Code THIS CHAPTER, or in the rules of the bureau DEPARTMENT as it 4,308
considers necessary.
Sec. 4141.10. (A) There is hereby created the 4,317
unemployment compensation administration fund as a special fund 4,318
in the state treasury. All moneys which THAT are deposited or 4,319
paid into this fund are available to the bureau DIRECTOR of 4,321
employment JOB AND FAMILY services ONLY FOR THE ADMINISTRATION OF 4,323
THIS CHAPTER. All moneys in this fund which THAT are received 4,324
from the United States or any agency thereof or which THAT are 4,326
appropriated by this state for the purposes described in section 4,328
4141.04 of the Revised Code, shall be expended solely for the 4,329
purposes and in the amounts found necessary by the proper agency 4,330
96
of the United States for the proper and efficient administration 4,331
of sections 4141.01 to 4141.46, inclusive, of the Revised Code 4,332
THIS CHAPTER. The fund shall consist of all moneys appropriated 4,334
by this state, and all moneys received from the United States or 4,335
any agency thereof, including the proper agency of the United 4,336
States, the railroad retirement board, and the United States 4,337
employment service DEPARTMENT OF LABOR, or from any other source, 4,339
for such purpose, except that moneys received from the railroad 4,340
retirement board as compensation for services or facilities 4,341
supplied to said THAT board shall be paid into this fund or the 4,343
special employment service account thereof, provided for in
division (B) of this section, on the same basis as expenditures 4,344
are made for such services or facilities from such fund and 4,345
account. All moneys in this fund shall be deposited, 4,346
administered, and disbursed in the same manner and under the same 4,347
conditions and requirements as are other special funds in the 4,348
state treasury. The treasurer of state is liable on his THE 4,349
TREASURER OF STATE'S official bond for the faithful performance 4,351
of his THE TREASURER OF STATE'S duties in connection with this 4,353
fund. Any balances in this fund shall not lapse at any time, but 4,354
shall be continuously available to the bureau DIRECTOR for 4,355
expenditure.
(B) A special employment service account shall be 4,357
maintained as a part of the fund for the purpose of maintaining 4,358
the public employment offices established pursuant to section 4,359
4141.04 of the Revised Code and for the purpose of co-operating 4,360
with the United States employment service. 4,361
(C) If any moneys received after June 30, 1941, from the 4,363
proper agency of the United States under title TITLE III of the 4,365
"Social Security Act," or any unencumbered balances in the fund 4,366
as of that date, or any moneys granted after that date to this 4,367
state pursuant to the Wagner-Peyser acts, or any moneys made 4,368
available by this state or its political subdivisions and matched 4,369
by such moneys granted to this state pursuant to the 4,370
97
Wagner-Peyser acts are found by the proper agency of the United 4,371
States because of any action or contingency, to have been lost or 4,372
expended for purposes other than, or in amounts in excess of, 4,373
those found necessary by the proper agency of the United States 4,374
for the proper administration of sections 4141.01 to 4141.46, 4,375
inclusive, of the Revised Code THIS CHAPTER, such moneys shall be 4,376
replaced by moneys appropriated for such purpose from the general 4,378
funds of this state to the unemployment compensation 4,379
administration fund for expenditure as provided in division (A) 4,380
of this section. Upon receipt of notice of such a finding by the 4,381
proper agency of the United States, the administrator of the 4,382
bureau of employment services DIRECTOR shall promptly report the 4,383
amount required for such replacement to the governor and the 4,385
governor shall at the earliest opportunity submit to the general 4,386
assembly a request for the appropriation of such amount. 4,387
Division (C) of this section does not relieve this state of its 4,388
obligation with respect to funds received prior to July 1, 1941, 4,389
pursuant to title III of the "Social Security Act." 4,390
Sec. 4141.13. In addition to all other duties imposed on 4,399
the administrator DIRECTOR of the bureau of employment JOB AND 4,401
FAMILY services and powers granted by this chapter, the 4,403
administrator DIRECTOR may: 4,404
(A) Adopt and enforce reasonable rules relative to the 4,406
exercise of the administrator's DIRECTOR'S powers and authority, 4,407
and proper rules to govern the administrator's DIRECTOR'S 4,409
proceedings and to regulate the mode and manner of all 4,411
investigations and hearings; 4,412
(B) Prescribe the time, place, and manner of making claims 4,414
for benefits under such sections, the kind and character of 4,415
notices required thereunder, the procedure for investigating, 4,416
hearing, and deciding claims, the nature and extent of the proofs 4,417
and evidence and the method of furnishing and taking such proofs 4,418
and evidence to establish the right to benefits, and the method 4,419
and time within which adjudication and awards shall be made; 4,420
98
(C) Adopt rules with respect to the collection, 4,422
maintenance, and disbursement of the unemployment and 4,423
administrative funds; 4,424
(D) Amend and modify any of the administrator's DIRECTOR'S 4,426
rules from time to time in such respects as the administrator 4,429
DIRECTOR finds necessary or desirable; 4,430
(E) Employ, subject to Chapter 124. of the Revised Code, 4,432
secretaries, deputies, accountants, managers of district offices, 4,433
clerks, stenographers, and other assistants that are required for 4,434
the administration of this chapter, sections 4101.25 to 4101.30 4,436
and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of 4,437
the Revised Code, and determine their salaries and duties; 4,438
provided that notwithstanding Chapter 124. of the Revised Code, 4,439
no provisional appointments shall extend for a period of more 4,440
than six months, except that for the duration of the war 4,441
emergency such provisional appointments may be extended upon 4,442
compliance with the personnel standards of the proper agency of 4,443
the United States relating thereto, and such six months 4,444
limitation does not apply to the appointment of employees engaged 4,445
in the physical maintenance of buildings occupied by the bureau 4,446
of employment services; AUTHORIZE A DEPUTY TO HOLD OR UNDERTAKE 4,447
AN INVESTIGATION, INQUIRY, OR HEARING THAT THE DIRECTOR IS 4,448
AUTHORIZED TO HOLD OR UNDERTAKE. AN ORDER OF A DEPUTY AUTHORIZED 4,449
PURSUANT TO THIS SECTION IS THE ORDER OF THE DIRECTOR. 4,450
(F) Appoint advisors or advisory employment committees, by 4,452
local districts or by industries, who shall, without compensation 4,453
but with reimbursements for necessary expenses, assist the 4,454
administrator DIRECTOR in the execution of the administrator's 4,456
DIRECTOR'S duties; 4,457
(G) Require all employers, including employers not 4,459
otherwise subject to this chapter, to furnish to the 4,460
administrator DIRECTOR information concerning the amount of wages 4,462
paid, the number of employees employed and the regularity of 4,463
their employment, the number of employees hired, laid off, and
99
discharged from time to time and the reasons therefor and the 4,464
numbers that quit voluntarily, and other and further information 4,465
respecting any other facts required for the proper administration 4,466
of this chapter; 4,467
(H) Classify generally industries, businesses, 4,469
occupations, and employments, and employers individually, as to 4,470
the hazard of unemployment in each business, industry, 4,471
occupation, or employment, and as to the particular hazard of 4,472
each employer, having special reference to the conditions of 4,473
regularity and irregularity of the employment provided by such 4,474
employer and of the fluctuations in payrolls of such employer; 4,475
(I) Determine the contribution rates upon employers 4,477
subject to this chapter, and provide for the levy and collection 4,479
of the contributions from such employers; 4,480
(J) Receive, hear, and decide claims for unemployment 4,482
benefits, and provide for the payment of such claims as are 4,483
allowed; 4,484
(K) Promote the regularization of employment and the 4,486
prevention of unemployment; 4,487
(L) Encourage and assist in the adoption of practical 4,489
methods of vocational training, retraining, and vocational 4,490
guidance; 4,491
(M) Investigate, recommend, and advise and assist in the 4,493
establishment and operation by municipal corporations, counties, 4,494
school districts, and the state of prosperity reserves of public 4,495
work to be prosecuted in times of business depression and 4,496
unemployment; 4,497
(N) Promote the re-employment of unemployed workers 4,499
throughout the state in any other way that may be feasible, and 4,500
take all appropriate steps within the administrator's DIRECTOR'S 4,501
means to reduce and prevent unemployment; 4,504
(O) Carry on and publish the results of any investigations 4,506
and research that the administrator DIRECTOR deems relevant; 4,507
(P) Make such reports to the proper agency of the United 4,509
100
States created by the "Social Security Act" as that agency 4,510
requires, and comply with such provisions as the agency finds 4,511
necessary to assure the correctness and verification of such 4,512
reports; 4,513
(Q) Make available upon request to any agency of the 4,515
United States charged with the administration of public works or 4,516
assistance through public employment the name, address, ordinary 4,517
occupation, and employment status of each recipient of 4,518
unemployment benefits under this chapter, and a statement of such 4,519
recipient's rights to further benefits under this chapter; 4,522
(R) Make such investigations, secure and transmit such 4,524
information, make available such services and facilities, and 4,525
exercise such of the other powers provided by this section with 4,526
respect to the administration of this chapter, as the 4,527
administrator DIRECTOR deems necessary or appropriate to 4,529
facilitate the administration of the unemployment compensation 4,530
law or public employment service laws of this state and of other 4,531
states and the United States, and in like manner accept and 4,532
utilize information, services, and facilities made available to 4,533
this state by the agency charged with the administration of any 4,534
such other unemployment compensation or public employment service 4,535
laws; 4,536
(S) Enter into or cooperate in arrangements whereby 4,538
facilities and services provided under the unemployment 4,539
compensation law of Canada may be utilized for the taking of 4,541
claims and the payment of benefits under the unemployment 4,542
compensation law of this state or under a similar law of Canada; 4,543
(T) Transfer surplus computers and computer equipment 4,545
directly to a chartered public school within the state, 4,546
notwithstanding sections 125.12 to 125.14 of the Revised Code. 4,547
The computers and computer equipment may be repaired or
refurbished prior to the transfer, and the public school may be 4,548
charged a service fee not to exceed the direct cost of repair or 4,549
refurbishing.
101
Sec. 4141.162. (A) The administrator DIRECTOR of the 4,558
bureau of employment JOB AND FAMILY services shall establish an 4,560
income and eligibility verification system that complies with 4,562
section 1137 of the "Social Security Act." The programs included 4,563
in the system are ALL OF THE FOLLOWING: 4,564
(1) Unemployment compensation pursuant to section 3304 of 4,566
the "Internal Revenue Code of 1954"; 4,567
(2) The state programs funded in part under part A of 4,569
Title IV of the "Social Security Act" and administered under 4,570
Chapters 5107. and 5108. of the Revised Code; 4,571
(3) Medicaid pursuant to Title XIX of the "Social Security 4,574
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 4,576
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 4,577
(5) Any Ohio program under a plan approved under Title I, 4,579
X, XIV, or XVI of the "Social Security Act." 4,580
Wage information provided by employers to the bureau 4,582
DIRECTOR shall be furnished to the income and eligibility 4,584
verification system. Such information shall be used by the 4,585
bureau DIRECTOR to determine eligibility of individuals for 4,587
unemployment compensation benefits and the amount of those 4,588
benefits and used by the agencies that administer the programs 4,589
identified in divisions (A)(2) to (5) of this section to 4,590
determine or verify eligibility for or the amount of benefits 4,591
under those programs.
The bureau DIRECTOR shall fully implement the use of wage 4,593
information to determine eligibility for and the amount of 4,594
unemployment compensation benefits by September 30, 1988. 4,595
Information furnished under the system shall also be made 4,597
available to the appropriate state or local child support 4,598
enforcement agency for the purposes of an approved plan under 4,599
Title IV-D of the "Social Security Act" and to the appropriate 4,601
federal agency for the purposes of Titles II and XVI of the 4,602
"Social Security Act."
102
(B) The administrator DIRECTOR shall adopt rules as 4,604
necessary under which the bureau of employment services, the 4,606
department of human JOB AND FAMILY services, and other state 4,608
agencies THAT the administrator DIRECTOR determines must 4,610
participate in order to ensure compliance with section 1137 of 4,611
the "Social Security Act" exchange information with each other or 4,612
authorized federal agencies about individuals who are applicants 4,613
for or recipients of benefits under any of the programs 4,614
enumerated in division (A) of this section. The rules shall 4,615
extend to ALL OF THE FOLLOWING:
(1) A requirement for standardized formats and procedures 4,617
for a participating agency to request and receive information 4,618
about an individual, which information shall include the 4,619
individual's social security number; 4,620
(2) A requirement that all applicants for and recipients 4,622
of benefits under any program enumerated in division (A) of this 4,623
section be notified at the time of application, and periodically 4,624
thereafter, that information available through the system may be 4,625
shared with agencies that administer other benefit programs and 4,626
utilized in establishing or verifying eligibility or benefit 4,627
amounts under the other programs enumerated in division (A) of 4,628
this section; 4,629
(3) A requirement that information is made available only 4,631
to the extent necessary to assist in the valid administrative 4,632
needs of the program receiving the information and is targeted 4,633
for use in ways which are most likely to be productive in 4,634
identifying and preventing ineligibility and incorrect payments; 4,635
(4) A requirement that information is adequately protected 4,637
against unauthorized disclosures for purposes other than to 4,638
establish or verify eligibility or benefit amounts under the 4,639
programs enumerated in division (A) of this section; 4,640
(5) A requirement that a program providing information is 4,642
reimbursed by the program using the information for the actual 4,643
costs of furnishing the information and that the administrator 4,644
103
DIRECTOR be reimbursed by the participating programs for any 4,646
actual costs incurred in operating the system; 4,647
(6) Requirements for any other matters necessary to ensure 4,649
the effective, efficient, and timely exchange of necessary 4,650
information or that the administrator DIRECTOR determines must be 4,652
addressed in order to ensure compliance with the requirements of 4,653
section 1137 of the "Social Security Act." 4,654
(C) Each participating agency shall furnish to the income 4,656
and eligibility verification system established in division (A) 4,657
of this section that information, which the administrator 4,658
DIRECTOR, by rule, determines is necessary in order to comply 4,660
with section 1137 of the "Social Security Act." 4,661
(D) Notwithstanding the information disclosure 4,663
requirements of this section and sections 4141.16, 4141.161, 4,664
SECTION 4141.21, and division (D)(4)(a) of section 4141.28 of the 4,666
Revised Code, the administrator DIRECTOR shall administer those 4,667
provisions of law so as to comply with section 1137 of the 4,669
"Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 4,671
with respect to confidentiality of information obtained in the 4,672
administration of Chapter 4141. of the Revised Code and any 4,673
sanctions imposed for improper disclosure of such information 4,674
shall apply to the redisclosure of information disclosed under 4,675
this section. 4,676
Sec. 4141.21. Except as provided in sections 4141.16, 4,685
4141.161, SECTION 4141.162, and 4141.163 of the Revised Code, and 4,687
subject to section 4141.43 of the Revised Code, the information 4,690
maintained by the administrator of the bureau DIRECTOR of 4,691
employment JOB AND FAMILY services or furnished to the 4,692
administrator DIRECTOR by employers or employees pursuant to this 4,694
chapter is for the exclusive use and information of the bureau 4,695
DEPARTMENT of employment JOB AND FAMILY services in the discharge 4,697
of its duties and shall not be open to the public or be used in 4,699
any court in any action or proceeding pending therein, or be 4,700
104
admissible in evidence in any action, other than one arising 4,701
under those sections. All of the information and records 4,702
necessary or useful in the determination of any particular claim 4,703
for benefits or necessary in verifying any charge to an 4,704
employer's account under sections 4141.23 to 4141.26 of the 4,705
Revised Code shall be available for examination and use by the 4,706
employer and the employee involved or their authorized 4,707
representatives in the hearing of such cases, and that 4,708
information may be tabulated and published in statistical form
for the use and information of the state departments and the 4,709
public. 4,710
Sec. 4141.22. (A) No person shall disclose any 4,719
information that was maintained by the administrator DIRECTOR of 4,720
the bureau of employment JOB AND FAMILY services or furnished to 4,721
the administrator DIRECTOR by employers or employees pursuant to 4,724
Chapter 4141. of the Revised Code THIS CHAPTER, unless such
disclosure is permitted under section 4141.21 of the Revised 4,726
Code.
(B) No person in the employ of the administrator DIRECTOR 4,728
of the bureau of employment JOB AND FAMILY services OR A COUNTY 4,730
FAMILY SERVICES AGENCY OR A WORKFORCE DEVELOPMENT AGENCY, or who 4,731
has been in the employ of the administrator DIRECTOR OR THOSE 4,733
AGENCIES, at any time, shall divulge any information MAINTAINED 4,735
BY OR FURNISHED TO THE DIRECTOR UNDER THIS CHAPTER AND secured by 4,736
the person while so employed, in respect to the transactions, 4,737
property, business, or mechanical, chemical, or other industrial 4,738
process of any person, firm, corporation, association, or 4,739
partnership to any person other than the administrator DIRECTOR 4,740
or other employees of the bureau DEPARTMENT of employment JOB AND 4,743
FAMILY services OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE
DEVELOPMENT AGENCY, as required by the person's duties, or to 4,745
other persons as authorized by the administrator DIRECTOR under 4,746
section 4141.43 of the Revised Code. 4,747
Whoever violates this section shall be disqualified from 4,749
105
holding any appointment or employment by the administrator 4,750
DIRECTOR OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE 4,751
DEVELOPMENT AGENCY.
Sec. 4141.28. (A) Applications for determination of 4,760
benefit rights and claims for benefits shall be filed with a 4,761
deputy of the administrator DIRECTOR of the bureau of employment 4,763
JOB AND FAMILY services designated for the purpose. Such 4,764
applications and claims may also be filed with an employee of 4,765
another state or federal agency charged with the duty of 4,766
accepting applications and claims for unemployment benefits or 4,767
with an employee of the unemployment insurance commission of
Canada. 4,768
When a former employee of a state agency, board, or 4,770
commission that has terminated its operations files an 4,771
application under this division, the former employee shall give 4,772
notice that the agency, board, or commission has terminated its 4,773
operations. All notices or information required to be sent under 4,774
this chapter to or furnished by the applicant's employer shall be 4,775
sent to or furnished by the director of administrative services. 4,776
(B)(1) When an unemployed individual files an application 4,778
for determination of benefit rights, the administrator DIRECTOR 4,779
OF JOB AND FAMILY SERVICES shall furnish the individual with the 4,781
information specified in division (A) of section 4141.321 of the 4,782
Revised Code and with a pamphlet giving instructions for the 4,784
steps an applicant may take if the applicant's claim for benefits 4,785
is disallowed. The pamphlet shall state the applicant's right of 4,786
appeal, clearly describe the different levels of appeal, and 4,787
explain where and when each appeal must be filed. In filing an 4,788
application, the individual shall, for the individual's most 4,789
recent employment, furnish the administrator DIRECTOR with 4,790
either:
(a) The information furnished by the employer as provided 4,792
for in division (B)(2) of this section; 4,793
(b) The name and address of the employer for whom the 4,795
106
individual performed services and the individual's written 4,796
statement of the reason for separation from the employer. 4,797
Where the claimant has furnished information in accordance 4,799
with division (B)(1)(b) of this section, the administrator 4,800
DIRECTOR shall promptly send a notice in writing that such filing 4,801
has been made to the individual's most recent separating 4,802
employer, which notice shall request from the employer the reason 4,803
for the individual's unemployment. The administrator DIRECTOR 4,804
also may request from any base period employer information 4,805
necessary for the determination of the claimant's rights to 4,806
benefits. Information as to the reason for unemployment 4,808
preceding an additional claim shall be obtained in the same 4,809
manner. Requests for such information shall be dated by the 4,810
administrator DIRECTOR with the date on which they are mailed. 4,811
If the employer fails to mail or deliver such information within 4,812
ten working days from the date the administrator DIRECTOR mailed 4,813
and dated such request, and if necessary to assure prompt payment 4,815
of benefits when due, the administrator DIRECTOR shall make the 4,816
determination, and shall base the determination on such 4,817
information as is available to the administrator DIRECTOR, which 4,818
shall include the claimant's statement made under division 4,819
(B)(1)(b) of this section. The determination, as it relates to 4,820
the claimant's determination of benefit rights, shall be amended 4,821
upon receipt of correct remuneration information at any time 4,822
within the benefit year and any benefits paid and charged to an 4,823
employer's account prior to the receipt of such information shall 4,824
be adjusted, effective as of the beginning of the claimant's 4,825
benefit year. 4,826
(2) An employer who separates within any seven-day period 4,828
fifty or more individuals because of lack of work, and these 4,829
individuals upon separation will be unemployed as defined in 4,830
division (R) of section 4141.01 of the Revised Code, shall 4,831
furnish notice to the administrator DIRECTOR of the dates of 4,832
separation and the approximate number of individuals being 4,833
107
separated. The notice shall be furnished at least three working 4,834
days prior to the date of the first day of such separations. In 4,835
addition, at the time of separation the employer shall furnish to 4,836
the individual being separated or to the administrator DIRECTOR 4,837
separation information necessary to determine the individual's 4,838
eligibility, on forms and in a manner approved by the 4,839
administrator DIRECTOR.
An employer who operates multiple business establishments 4,841
at which both the effective authority for hiring and separation 4,842
of employees and payroll information is located and who, because 4,843
of lack of work, separates a total of fifty or more individuals 4,844
at two or more business establishments is exempt from the first 4,845
paragraph of division (B)(2) of this section. This paragraph 4,846
shall not be construed to relieve an employer who operates 4,847
multiple business establishments from complying with division 4,848
(B)(2) of this section where the employer separates fifty or more 4,849
individuals at any business establishment within a seven-day 4,850
period. 4,851
An employer of individuals engaged in connection with the 4,853
commercial canning or commercial freezing of fruits and 4,854
vegetables is exempt from the provision of division (B)(2) of 4,855
this section that requires an employer to furnish notice of 4,856
separation at least three working days prior to the date of the 4,857
first day of such separations. 4,858
(3) Where an individual at the time of filing an 4,860
application for determination of benefit rights furnishes 4,861
separation information provided by the employer or where the 4,862
employer has provided the administrator DIRECTOR with the 4,863
information in accordance with division (B)(2) of this section, 4,864
the administrator DIRECTOR shall make a determination of 4,865
eligibility on the basis of the information furnished. The 4,866
administrator DIRECTOR shall promptly notify all interested 4,867
parties under division (D)(1) of this section of the 4,868
determination.
108
(4) Where an employer has furnished separation information 4,870
under division (B)(2) of this section which is insufficient to 4,871
enable the administrator DIRECTOR to make a determination of a 4,872
claim for benefits of an individual, or where the individual 4,873
fails at the time of filing an application for determination of 4,874
benefit rights to produce the separation information furnished by 4,875
an employer, the administrator DIRECTOR shall follow the 4,876
provisions specified in division (B)(1) of this section. 4,877
(C) The administrator DIRECTOR shall promptly examine any 4,880
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator DIRECTOR shall 4,881
determine whether or not the application is valid, and if valid, 4,882
the date on which the benefit year shall commence and the weekly 4,883
benefit amount. The claimant, the most recent employer, and any 4,884
other employer in the claimant's base period shall promptly be 4,886
notified of the determination and the reasons therefor. In 4,887
addition, the determination issued to the claimant shall include 4,888
the total amount of benefits payable, and the determination 4,889
issued to each chargeable base period employer shall include the 4,890
total amount of benefits which may be charged to the employer's 4,891
account.
(D)(1) The administrator DIRECTOR shall examine the first 4,894
claim for benefits filed in any benefit year, and any additional 4,895
claim, and on the basis of any facts found by the administrator 4,896
DIRECTOR shall determine whether division (D) of section 4141.29 4,897
of the Revised Code is applicable to the claimant's most recent
separation and, to the extent necessary, prior separations from 4,898
work, and whether the separation reason is qualifying or 4,899
disqualifying for the ensuing period of unemployment. Notice of 4,900
such determination shall be mailed to the claimant, the 4,901
claimant's most recent separating employer, and any other 4,902
employer involved in the determination. 4,903
(a) Whenever the administrator DIRECTOR has reason to 4,905
believe that the unemployment of twenty-five or more individuals 4,906
109
relates to a labor dispute, the administrator DIRECTOR, within 4,907
five calendar days after their claims are filed, shall schedule a 4,908
hearing concerning the reason for unemployment. Notice of the 4,909
hearing shall be sent to all interested parties, including the 4,910
duly authorized representative of the parties, as provided in 4,911
division (D)(1) of this section. The hearing date shall be 4,912
scheduled so as to provide at least ten days' prior notice of the 4,913
time and date of the hearing. A similar hearing, in such cases, 4,914
may be scheduled when there is a dispute as to the duration or 4,915
ending date of the labor dispute. 4,916
(b) The administrator DIRECTOR shall appoint a hearing 4,918
officer to conduct the hearing of the case under division 4,919
(D)(1)(a) of this section. The hearing officer is not bound by 4,920
common law or statutory rules of evidence or by technical or 4,921
formal rules of procedure, but shall take any steps that are 4,922
reasonable and necessary to obtain the facts and determine 4,923
whether the claimants are entitled to benefits under the law. 4,924
The failure of any interested party to appear at the hearing 4,925
shall not preclude a decision based upon all the facts available 4,926
to the hearing officer. The proceeding at the hearing shall be 4,927
recorded by mechanical means or by other means prescribed by the 4,928
administrator DIRECTOR. The record need not be transcribed 4,929
unless an application for appeal is filed on the decision and the 4,930
chairperson of the unemployment compensation review commission 4,932
requests a transcript of the hearing within fourteen days after 4,933
the application for appeal is received by the commission. The 4,934
administrator DIRECTOR shall prescribe rules concerning the 4,936
conduct of the hearings and all related matters and appoint an 4,937
attorney to direct the operation of this function.
(c) The administrator DIRECTOR shall issue the hearing 4,939
officer's decisions and reasons therefor on the case within ten 4,940
calendar days after the hearing. The hearing officer's decision 4,941
issued by the administrator DIRECTOR is final unless an 4,942
application for appeal is filed with the review commission within 4,943
110
twenty-one days after the decision was mailed to all interested 4,945
parties. The administrator DIRECTOR, within the twenty-one-day 4,946
appeal period, may remove and vacate the decision and issue a 4,948
revised determination and appeal date.
(d) Upon receipt of the application for appeal, the full 4,950
review commission shall review the administrator's DIRECTOR'S 4,951
decision and either schedule a further hearing on the case or 4,953
disallow the application. The review commission shall review the 4,954
administrator's DIRECTOR'S decision within fourteen days after 4,955
receipt of the decision or the receipt of a transcript requested 4,957
under division (D)(1)(b) of this section, whichever is later. 4,958
(i) When a further hearing is granted, the commission 4,960
shall make the administrator's DIRECTOR'S decision and record of 4,962
the case, as certified by the administrator DIRECTOR, a part of 4,964
the record and shall consider the administrator's DIRECTOR'S 4,966
decision and record in arriving at a decision on the case. The 4,968
commission's decision affirming, modifying, or reversing the 4,970
administrator's DIRECTOR'S decision, following the further 4,971
appeal, shall be mailed to all interested parties within fourteen 4,972
days after the hearing. 4,973
(ii) A decision of the disallowance of a further appeal 4,975
shall be mailed to all interested parties within fourteen days 4,976
after the commission makes the decision to disallow. The 4,977
disallowance is deemed an affirmation of the administrator's 4,979
DIRECTOR'S decision. 4,980
(iii) The time limits specified in divisions (D)(1)(a), 4,982
(b), (c), and (d) of this section may be extended by agreement of 4,983
all interested parties or for cause beyond the control of the 4,984
administrator DIRECTOR or the commission. 4,985
(e) An appeal of the commission's decision issued under 4,987
division (D)(1)(d) of this section may be taken to the court of 4,988
common pleas as provided in division (O) of this section. 4,989
(f) A labor dispute decision involving fewer than 4,991
twenty-five individuals shall be determined under division (D)(1) 4,992
111
of this section and the review commission shall determine any 4,994
appeal from the decision pursuant to division (M) of this section 4,995
and within the time limits provided in division (D)(1)(d) of this 4,996
section. 4,997
(2) The determination of a first or additional claim, 4,999
including the reasons therefor, shall be mailed to the claimant, 5,000
the claimant's most recent separating employer, and any other 5,001
employer involved in the determination. 5,002
When the determination of a continued claim results in a 5,005
disallowed claim, the administrator DIRECTOR shall notify the
claimant of such disallowance and the reasons therefor. 5,006
(3) Where the claim for benefits is directly attributable 5,008
to unemployment caused by a major disaster, as declared by the 5,009
president of the United States pursuant to the "Disaster Relief 5,010
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 5,011
filing the claim would otherwise have been eligible for disaster 5,012
unemployment assistance under that act, then upon application by 5,013
the employer any benefits paid on the claim shall not be charged 5,014
to the account of the employer who would have been charged on 5,015
such claim but instead shall be charged to the mutualized account 5,016
described in section 4141.25 of the Revised Code, provided that 5,017
this division is not applicable to an employer electing 5,018
reimbursing status under section 4141.241 of the Revised Code, 5,019
except reimbursing employers for whom benefit charges are charged 5,020
to the mutualized account pursuant to division (D)(2) of section 5,022
4141.24 of the Revised Code. 5,023
(4)(a) An individual filing a new claim for unemployment 5,025
compensation shall disclose, at the time of filing, whether or 5,026
not the individual owes child support obligations. In such a 5,027
case, the administrator DIRECTOR shall notify the state 5,028
APPROPRIATE WORK UNIT WITHIN THE DEPARTMENT or THE local child 5,029
support enforcement agency enforcing the obligation only if the 5,030
claimant has been determined to be eligible for unemployment 5,031
compensation. 5,032
112
(b) The administrator DIRECTOR shall deduct and withhold 5,034
from unemployment compensation payable to an individual who owes 5,035
child support obligations: 5,036
(i) Any amount required to be deducted and withheld from 5,038
the unemployment compensation pursuant to legal process, as that 5,039
term is defined in section 459(i)(5) of the "Social Security 5,040
Act," as amended by the "Personal Responsibility and Work 5,041
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 5,042
U.S.C. 659, and properly served upon the administrator DIRECTOR, 5,043
as described in division (D)(4)(c) of this section; or 5,044
(ii) Where division (D)(4)(b)(i) of this section is 5,046
inapplicable, in the amount determined pursuant to an agreement 5,047
submitted to the administrator DIRECTOR under section 5,048
454(19)(B)(i) of the "Social Security Act," 88 Stat. 2351, 42 5,049
U.S.C. 654, as amended, by the state or local child support 5,050
enforcement agency; or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 5,052
section is applicable, then in the amount specified by the 5,053
individual. 5,054
(c) The administrator DIRECTOR shall receive all legal 5,057
process described in division (D)(4)(b)(i) of this section from 5,058
each local child support enforcement agency, which legal process 5,059
was issued by the agency under section 2301.371 of the Revised 5,060
Code or otherwise was issued by the agency. The processing of 5,061
cases under part D of Title IV of the "Social Security Act," 88 5,062
Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall be 5,063
determined pursuant to agreement between the administrator and 5,064
the state department of human services. The department shall 5,065
pay, pursuant to that agreement, all of the costs of the bureau 5,066
of employment services that are associated with a deduction and 5,067
withholding under division (D)(4)(b)(i) and (ii) of this section. 5,068
(d) The amount of unemployment compensation subject to 5,070
being withheld pursuant to division (D)(4)(b) of this section is 5,071
that amount which remains payable to the individual after 5,072
113
application of any recoupment provisions for recovery of 5,073
overpayments and after deductions which have been made under this 5,074
chapter for deductible income received by the individual. 5,075
Effective for applications to establish unemployment compensation 5,076
benefit rights filed after December 27, 1997, the amount withheld 5,077
with respect to a week of unemployment benefits shall not exceed 5,078
fifty per cent of the individual's weekly benefit amount as 5,079
determined by the administrator DIRECTOR.
(e) Any amount deducted and withheld under division 5,081
(D)(4)(b) of this section shall be paid to the appropriate state 5,082
or local child support enforcement agency in the following 5,083
manner: 5,084
(i) The administrator DIRECTOR shall determine the amounts 5,086
that are to be deducted and withheld on a per county basis. 5,087
(ii) For each county, the administrator DIRECTOR shall 5,089
forward to the local child support enforcement agency of the 5,091
county, at intervals to be determined pursuant to the agreement 5,092
referred to in division (D)(4)(c) of this section, the amount 5,093
determined for that county under division (D)(4)(e)(i) of this 5,094
section for disbursement to the obligees or assignees of such 5,095
support obligations. 5,096
(f) Any amount deducted and withheld under division 5,098
(D)(4)(b) of this section shall for all purposes be treated as if 5,099
it were paid to the individual as unemployment compensation and 5,100
paid by the individual to the state or local child support agency 5,101
in satisfaction of the individual's child support obligations. 5,102
(g) Division (D)(4) of this section applies only if 5,104
appropriate arrangements have been made for reimbursement by the 5,105
state or local child support enforcement agency for the 5,106
administrative costs incurred by the administrator DIRECTOR under 5,107
this section which are associated with or attributable to child 5,108
support obligations being enforced by the state or local child 5,109
support enforcement agency. 5,110
(h) As used in division (D)(4) of this section: 5,112
114
(i) "Child support obligations" means only obligations 5,114
which are being enforced pursuant to a plan described in section 5,115
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 5,116
as amended, which has been approved by the United States 5,117
secretary of health and human services under part D of Title IV 5,118
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 5,119
amended. 5,120
(ii) "State child support enforcement agency" means the 5,122
WORK UNIT WITHIN THE department of human JOB AND FAMILY services, 5,124
bureau of child support OR THE STATE AGENCY OF ANOTHER STATE, 5,125
designated as the single state agency for the administration of 5,126
the program of child support enforcement pursuant to part D of 5,127
Title IV of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 5,128
651, as amended. 5,129
(iii) "Local child support enforcement agency" means a 5,131
child support enforcement agency or any other agency of a 5,132
political subdivision of the state operating pursuant to a plan 5,133
mentioned in division (D)(4)(h)(i) of this section. 5,134
(iv) "Unemployment compensation" means any compensation 5,136
payable under this chapter including amounts payable by the 5,137
administrator DIRECTOR pursuant to an agreement under any federal 5,139
law providing for compensation, assistance, or allowances with 5,140
respect to unemployment. 5,141
(E)(1) Any base period or subsequent employer of a 5,143
claimant who has knowledge of specific facts affecting such 5,144
claimant's right to receive benefits for any week may notify the 5,145
administrator DIRECTOR in writing of such facts. The 5,146
administrator DIRECTOR shall prescribe a form to be used for such 5,148
eligibility notice, but failure to use the prescribed form shall 5,149
not preclude the administrator's DIRECTOR'S examination of any 5,150
notice.
(2) An eligibility notice is timely filed if received by 5,152
the administrator DIRECTOR or postmarked prior to or within 5,154
forty-five calendar days after the end of the week with respect 5,155
115
to which a claim for benefits is filed by the claimant. An 5,156
employer who does not timely file an eligibility notice shall not 5,157
be an interested party with respect to the claim for benefits 5,158
which is the subject of the notice.
(3) The administrator DIRECTOR shall consider the 5,160
information contained in the eligibility notice, together with 5,161
other facts found by the administrator DIRECTOR and, after giving 5,163
notice to the claimant, shall determine, unless a prior 5,164
determination on the same eligibility issue has become final, 5,165
whether such claim shall be allowed or disallowed, and shall mail 5,166
notice of such determination to the notifying employer who timely 5,168
filed the eligibility notice, to the claimant, and to other 5,169
interested parties. If the determination disallows benefits for 5,170
any week in question, the payment of benefits with respect to 5,171
that week shall be withheld pending further appeal, or an 5,172
overpayment order shall be issued by the administrator DIRECTOR 5,173
as prescribed in section 4141.35 of the Revised Code, if 5,174
applicable. 5,175
(F) In making determinations, the administrator DIRECTOR 5,178
shall follow decisions of the unemployment compensation review 5,179
commission which have become final with respect to claimants 5,180
similarly situated.
(G)(1) Until October 1, 1998, any interested party 5,183
notified of a determination of an application for determination 5,184
of benefit rights or a claim for benefits may, within twenty-one 5,185
calendar days after the notice was mailed to the party's last 5,186
known post-office address, apply in writing for a reconsideration 5,187
of the administrator's DIRECTOR'S determination. 5,188
On and after October 1, 1998, any party notified of a 5,191
determination may appeal within twenty-one calendar days after 5,192
notice was mailed to the party's last known post-office address 5,193
or within an extended period pursuant to division (Q) of this 5,195
section. Upon receipt of the appeal, the administrator DIRECTOR 5,196
either shall issue a redetermination within twenty-one days of 5,197
116
receipt or transfer the appeal to the commission, which shall 5,198
acquire jurisdiction over the appeal. If the administrator 5,199
DIRECTOR issues a redetermination, the redetermination shall void 5,201
the prior determination. A redetermination under this section is 5,202
appealable to the same extent that a determination is appealable. 5,204
(2) If the administrator DIRECTOR finds within the benefit 5,207
year that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 5,209
information as provided in division (B) of this section or any 5,210
typographical or clerical error in the administrator's DIRECTOR'S 5,211
determination, the administrator DIRECTOR shall issue a corrected 5,214
determination to all interested parties, which determination 5,215
shall take precedence over and void the prior determination of 5,216
the administrator DIRECTOR, provided no appeal has been filed 5,217
with the commission.
(3) If benefits are allowed by the administrator DIRECTOR 5,219
in a determination, or in a decision by a hearing officer, the 5,221
review commission, or a court, the benefits shall be paid 5,222
promptly, notwithstanding any further appeal, provided that if 5,223
benefits are denied on appeal, of which the parties have notice 5,224
and an opportunity to be heard, the payment of benefits shall be 5,226
withheld pending a decision on any further appeal. 5,227
(4) Any benefits paid to a claimant under this section 5,229
prior to a final determination of the claimant's right to the 5,230
benefits shall be charged to the employer's account as provided 5,232
in division (D) of section 4141.24 of the Revised Code, provided 5,233
that if there is no final determination of the claim by the 5,234
subsequent thirtieth day of June, the employer's account will be 5,235
credited with the total amount of benefits which has been paid 5,236
prior to that date, based on the determination which has not 5,237
become final. The total amount credited to the employer's 5,238
account shall be charged to a suspense account which shall be 5,239
maintained as a separate bookkeeping account and administered as 5,240
a part of section 4141.24 of the Revised Code, and shall not be 5,241
117
used in determining the account balance of the employer for the 5,242
purpose of computing the employer's contribution rate under 5,243
section 4141.25 of the Revised Code. If it is finally determined 5,244
that the claimant is entitled to all or a part of the benefits in 5,245
dispute, the suspense account shall be credited and the 5,246
appropriate employer's account charged with the benefits. If it 5,247
is finally determined that the claimant is not entitled to all or 5,248
any portion of the benefits in dispute, the benefits shall be 5,249
credited to the suspense account and a corresponding charge made 5,250
to the mutualized account established in division (B) of section 5,251
4141.25 of the Revised Code, provided that, except as otherwise 5,253
provided in this division, if benefits are chargeable to an 5,254
employer or group of employers who is required or elects to make 5,255
payments to the fund in lieu of contributions under section 5,256
4141.241 of the Revised Code, the benefits shall be charged to 5,257
the employer's account in the manner provided in division (D) of 5,258
section 4141.24 and division (B) of section 4141.241 of the 5,259
Revised Code, and no part of the benefits may be charged to the 5,260
suspense account provided in this division. To the extent that 5,261
benefits which have been paid to a claimant and charged to the 5,262
employer's account are found not to be due the claimant and are 5,263
recovered by the administrator DIRECTOR as provided in section 5,264
4141.35 of the Revised Code, they shall be credited to the 5,265
employer's account.
(H) Until October 1, 1998, any interested party may appeal 5,268
the administrator's DIRECTOR'S decision on reconsideration to the 5,269
commission and unless an appeal is filed from such decision on 5,271
reconsideration with the commission within twenty-one calendar 5,273
days after such decision was mailed to the last known post-office 5,274
address of the appellant, or within an extended period pursuant 5,275
to division (Q) of this section, such decision on reconsideration 5,276
is final and benefits shall be paid or denied in accordance 5,277
therewith. The date of the mailing provided by the administrator 5,278
DIRECTOR on determination or decision on reconsideration is 5,279
118
sufficient evidence upon which to conclude that the determination 5,280
or decision on reconsideration was mailed on that date. 5,281
On and after October 1, 1998, the date of the mailing 5,284
provided by the administrator DIRECTOR on the determination or 5,285
redetermination is sufficient evidence upon which to conclude 5,286
that the determination or redetermination was mailed on that
date. 5,287
(I) Appeals may be filed with the administrator DIRECTOR, 5,290
commission, with an employee of another state or federal agency 5,292
charged with the duty of accepting claims, or with the 5,293
unemployment insurance commission of Canada. 5,294
(1) Any timely written notice that the interested party 5,297
desires to appeal shall be accepted.
(2) The administrator DIRECTOR, commission, or authorized 5,299
agent must receive the appeal within the specified appeal period 5,301
in order for the appeal to be deemed timely filed, except that: 5,302
(a) If the United States postal service is used as the 5,304
means of delivery, the enclosing envelope must have a postmark 5,305
date, as governed by United States postal regulations, that is on 5,306
or before the last day of the specified appeal period; and 5,307
(b) Where the postmark date is illegible or missing, the 5,309
appeal is timely filed if received no later than the end of the 5,311
third calendar day following the last day of the specified appeal 5,312
period.
(3) The administrator DIRECTOR may adopt rules pertaining 5,314
to alternate methods of filing appeals. 5,315
(J) When an appeal from a determination of the 5,319
administrator DIRECTOR is taken to the commission at the hearing 5,320
officer level, all interested parties shall be notified and the 5,322
commission, after affording such parties reasonable opportunity 5,324
for a fair hearing, shall affirm, modify, or reverse the 5,325
determination of the administrator DIRECTOR in the manner that 5,326
appears just and proper. However, the commission may refer a 5,327
case to the administrator DIRECTOR for a redetermination if the 5,328
119
commission decides that the case does not require a hearing. In 5,329
the conduct of a hearing by a hearing officer or any other 5,331
hearing on appeal to the commission which is provided in this 5,332
section, the hearing officers are not bound by common law or 5,335
statutory rules of evidence or by technical or formal rules of 5,336
procedure. The hearing officers shall take any steps in the 5,339
hearings, consistent with the impartial discharge of their 5,340
duties, which appear reasonable and necessary to ascertain the 5,341
facts and determine whether the claimant is entitled to benefits 5,342
under the law. The hearings shall be de novo, except that the 5,344
administrator's DIRECTOR'S file pertaining to a case shall be 5,345
included in the record to be considered. 5,347
The hearing officers may conduct any such hearing in person 5,351
or by telephone. The commission shall adopt rules which 5,353
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 5,356
opportunity to object to a hearing by telephone, and govern the 5,357
conduct of hearings by telephone. An interested party whose 5,358
hearing would be by telephone pursuant to the commission rules 5,359
may elect to have an in-person hearing, provided that the party 5,360
electing the in-person hearing agrees to have the hearing at the 5,361
time and place the commission determines pursuant to rule. 5,362
(1) The failure of the claimant or other interested party 5,364
to appear at a hearing, unless the claimant or interested party 5,365
is the appealing party, shall not preclude a decision in the 5,367
claimant's or interested party's favor, if on the basis of all 5,368
the information in the record, including that contained in the 5,369
file of the administrator DIRECTOR, the claimant or interested 5,370
party is entitled to the decision. 5,371
(2) If the party appealing fails to appear at the hearing, 5,373
the hearing officer shall dismiss the appeal, provided that the 5,377
hearing officer or commission shall vacate the dismissal upon a 5,379
showing that due notice of the hearing was not mailed to such 5,380
party's last known address or good cause for the failure to 5,381
120
appear is shown to the commission within fourteen days after the 5,384
hearing date. No further appeal from the decision may thereafter 5,385
be instituted by such party. If the other party fails to appear 5,386
at the hearing, the hearing officer shall proceed with the 5,389
hearing and shall issue a decision based on the evidence of 5,390
record, including the administrator's DIRECTOR'S file. The 5,392
commission shall vacate the decision upon a showing that due 5,395
notice of the hearing was not mailed to such party's last known 5,396
address or good cause for such party's failure to appear is shown 5,397
to the commission within fourteen days after the hearing date. 5,399
(3) Where a party requests that a hearing be scheduled in 5,401
the evening because the party is employed during the day, the 5,402
commission shall schedule the hearing during such hours as the 5,405
party is not employed. 5,406
(4) The interested parties may waive, in writing, the 5,409
hearing. If the parties waive the hearing, the hearing officer 5,410
shall issue a decision based on the evidence of record, including 5,411
the administrator's DIRECTOR'S file. 5,412
(K) The proceedings at the hearing before the hearing 5,414
officer, shall be recorded by mechanical means or otherwise as 5,417
may be prescribed by the commission. In the absence of further 5,418
proceedings, the record that is made need not be transcribed. 5,420
(L) All interested parties shall be notified of the 5,422
hearing officer's decision, which shall include the reasons 5,424
therefor. The hearing officer's decision shall become final 5,425
unless, within twenty-one days after the decision was mailed to 5,426
the last known post-office address of such parties, or within an 5,427
extended period pursuant to division (Q) of this section, the 5,428
commission on its own motion removes or transfers such claim to 5,430
the review level, or upon a request for review that is filed by 5,432
an interested party and is allowed by the commission. 5,434
(M) In the conduct of a hearing by the commission or a 5,437
hearing officer at the review level, the commission and the 5,438
hearing officers are not bound by common law or statutory rules 5,439
121
of evidence or by technical or formal rules of procedure. The 5,440
commission and the hearing officers shall take any steps in the 5,441
hearings, consistent with the impartial discharge of their 5,442
duties, that appear reasonable and necessary to ascertain the 5,443
facts and determine whether the claimant is entitled to benefits
under the law. 5,444
(1) The review commission, or a hearing officer designated 5,447
by the commission, shall consider an appeal at the review level 5,448
under the following circumstances:
(a) When an appeal is required to be heard initially by 5,451
the commission pursuant to this chapter; 5,452
(b) When the commission on its own motion removes an 5,455
appeal within twenty-one days after a hearing officer issues the 5,456
hearing officer's decision in the case; 5,457
(c) When a hearing officer refers an appeal to the 5,460
commission within twenty-one days after the hearing officer 5,461
issues the hearing officer's decision in the case; 5,462
(d) When an interested party files a request for review 5,465
with the commission within twenty-one days after the date a 5,466
hearing officer issues the hearing officer's decision in the 5,467
case. The commission shall disallow the request for review if it 5,468
is not timely filed.
The commission may remove, and a hearing officer may refer, 5,471
appeals involving decisions of potentially precedential value. 5,472
(2) If a request for review is timely filed, the 5,474
commission shall decide whether to allow or disallow the request 5,476
for review.
If the request for review is disallowed, the commission 5,478
shall notify all interested parties of that fact. The 5,479
disallowance of a request for review constitutes a final decision 5,481
by the commission for purposes of appeal to court. If the 5,482
request for review is allowed, the commission shall notify all 5,483
interested parties of that fact, and the commission shall provide 5,484
a reasonable period of time, as the commission defines by rule, 5,485
122
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 5,486
shall do one of the following at the review level: 5,487
(a) Affirm the decision of the hearing officer; 5,490
(b) Order that the case be heard or reheard by a hearing 5,493
officer;
(c) Order that the case be heard or reheard by a hearing 5,496
officer as a potential precedential decision; 5,497
(d) Order that the decision be rewritten. 5,500
(3) The commission shall send notice to all interested 5,502
parties when it orders a case to be heard or reheard. The notice 5,504
shall include the reasons for the hearing or rehearing. If the 5,505
commission identifies an appeal as a potentially precedential 5,506
case, the commission shall notify the administrator DIRECTOR and 5,507
other interested parties of the special nature of the hearing. 5,508
(N) Whenever the administrator DIRECTOR and the 5,510
chairperson of the review commission determine in writing and 5,511
certify jointly that a controversy exists with respect to the 5,513
proper application of this chapter to more than five hundred 5,514
claimants similarly situated whose claims are pending before the 5,515
administrator DIRECTOR or the review commission or both on 5,516
redetermination or appeal applied for or filed by three or more 5,519
employers or by such claimants, the chairperson of the review 5,521
commission shall select one such claim which is representative of 5,523
all such claims and assign it for a fair hearing and decision. 5,524
Any other claimant or employer in the group who makes a timely 5,525
request to participate in the hearing and decision shall be given 5,526
a reasonable opportunity to participate as a party to the 5,527
proceeding.
Such joint certification by the administrator DIRECTOR and 5,529
the chairperson of the commission shall constitute a stay of 5,530
further proceedings in the claims of all claimants similarly 5,532
situated until the issue or issues in controversy are adjudicated 5,533
by the supreme court of Ohio. At the time the decision of the 5,534
123
commission is issued, the chairperson shall certify the 5,536
commission's decision directly to the supreme court of Ohio and 5,539
the chairperson shall file with the clerk of the supreme court a 5,541
certified copy of the transcript of the proceedings before the 5,542
commission pertaining to such decision. Hearings on such issues 5,544
shall take precedence over all other civil cases. If upon 5,545
hearing and consideration of such record the court decides that 5,546
the decision of the commission is unlawful, the court shall 5,548
reverse and vacate the decision or modify it and enter final 5,549
judgment in accordance with such modification; otherwise such 5,550
court shall affirm such decision. The notice of the decision of 5,551
the commission to the interested parties shall contain a 5,553
certification by the chairperson of the commission that the 5,554
decision is of great public interest and that a certified 5,556
transcript of the record of the proceedings before the commission 5,557
has been filed with the clerk of the supreme court as an appeal 5,559
to the court. Promptly upon the final judgment of the court, the 5,560
administrator DIRECTOR and the commission shall decide those 5,561
claims pending before them where the facts are similar and shall 5,563
notify all interested parties of such decision and the reason 5,564
therefor in the manner provided for in this section. Nothing in 5,565
this division shall be construed so as to deny the right of any 5,566
such claimant, whose claim is pending before the administrator 5,567
DIRECTOR on redetermination or before the commission, to apply 5,570
for and be granted an opportunity for a fair hearing to show that 5,571
the facts in the claimant's case are different from the facts in 5,572
the claim selected as the representative claim as provided in 5,573
this division, nor shall any such claimant be denied the right to
appeal the decision of the administrator DIRECTOR or the 5,574
commission which is made as a result of the decision of the court 5,576
in the representative case.
(O)(1) Any interested party as defined in division (I) of 5,578
section 4141.01 of the Revised Code, within thirty days after 5,579
notice of the decision of the commission was mailed to the last 5,581
124
known post-office address of all interested parties, may appeal 5,582
from the decision of the commission to the court of common pleas 5,584
of the county where the appellant, if an employee, is resident or 5,585
was last employed or of the county where the appellant, if an 5,586
employer, is resident or has the principal place of business in 5,587
this state. The commission shall provide on its decision the 5,589
names and addresses of all interested parties. Such appeal shall 5,590
be taken within such thirty days by the appellant by filing a 5,591
notice of appeal with the clerk of the court of common pleas. 5,592
Such filing shall be the only act required to perfect the appeal 5,593
and vest jurisdiction in the court. Failure of an appellant to 5,594
take any step other than timely filing of a notice of appeal does 5,595
not affect the validity of the appeal, but is grounds only for 5,596
such action as the court deems appropriate, which may include 5,597
dismissal of the appeal. Such notice of appeal shall set forth 5,598
the decision appealed from. The appellant shall mail a copy of 5,599
the notice of appeal to the commission and to all interested 5,601
parties by certified mail to their last known post-office address 5,602
and proof of the mailing of the notice shall be filed with the 5,603
clerk within thirty days of filing the notice of appeal. All 5,604
interested parties shall be made appellees. The commission upon 5,606
receipt of the notice of appeal shall within thirty days file 5,607
with the clerk a certified transcript of the record of the 5,608
proceedings before the commission pertaining to the decision 5,610
complained of, and mail a copy of the transcript to the 5,611
appellant's attorney or to the appellant, if not represented by 5,612
counsel. The appellant shall file a statement of the assignments 5,613
of error presented for review within sixty days of the filing of 5,614
the notice of appeal with the court. The appeal shall be heard 5,615
upon such record certified by the commission. After an appeal 5,617
has been filed in the court, the commission may, by petition, be 5,619
made a party to such appeal. If the court finds that the 5,620
decision was unlawful, unreasonable, or against the manifest 5,621
weight of the evidence, it shall reverse and vacate such decision 5,622
125
or it may modify such decision and enter final judgment in 5,623
accordance with such modification; otherwise such court shall 5,624
affirm such decision. Any interested party shall have the right 5,625
to appeal from the decision of the court as in civil cases. 5,626
(2) If an appeal is filed after the thirty-day appeal 5,628
period established in division (O)(1) of this section, the court 5,629
of common pleas shall conduct a hearing to determine whether the 5,630
appeal was timely filed pursuant to division (Q) of this section. 5,632
At the hearing, additional evidence may be introduced and oral 5,633
arguments may be presented regarding the timeliness of the filing 5,634
of the appeal. If the court of common pleas determines that the 5,635
time for filing the appeal is extended as provided in division 5,636
(Q) of this section and that the appeal was filed within the 5,638
extended time provided in that division, the court shall 5,639
thereafter make its decision on the merits of the appeal. If the 5,640
court of common pleas determines that the time for filing the 5,641
appeal may not be extended as provided in division (Q) of this 5,643
section, the court shall dismiss the appeal accordingly. The 5,644
determination on timeliness by the court of common pleas may be 5,645
appealed to the court of appeals as in civil cases, and such 5,646
appeal shall be consolidated with any appeal from the decision by 5,647
the court of common pleas on the merits of the appeal. 5,648
(P) Any appeal from a determination or redetermination of 5,652
the administrator DIRECTOR or a decision or order of the 5,653
commission may be executed in behalf of any party or any group of 5,656
claimants by an agent.
(Q) The time for filing an appeal, a request for review, 5,660
or a court appeal under this section shall be extended as 5,662
follows:
(1) When the last day of an appeal period is a Saturday, 5,664
Sunday, or legal holiday, the appeal period is extended to the 5,665
next work day after the Saturday, Sunday, or legal holiday; or. 5,666
(2) When an interested party provides certified medical 5,668
evidence stating that the interested party's physical condition 5,669
126
or mental capacity prevented the interested party from filing a 5,670
an appeal or request for review pursuant to division (G), (H), or 5,672
(L) of this section within the appropriate twenty-one-day period, 5,673
the appeal period is extended to twenty-one days after the end of 5,674
the physical or mental condition and the appeal, or request for 5,676
review is considered timely filed if filed within that extended 5,678
period;.
(3) When an interested party provides evidence, which 5,680
evidence may consist of testimony from the interested party, that 5,681
is sufficient to establish that the party did not actually 5,682
receive the determination or decision within the applicable 5,684
appeal period pursuant to division (G), (H), or (L) of this 5,685
section, and the administrator DIRECTOR or the commission finds 5,686
that the interested party did not actually receive the 5,688
determination or decision within the applicable appeal period, 5,689
then the appeal period is extended to twenty-one days after the 5,690
interested party actually receives the determination or decision. 5,691
(4) When an interested party provides evidence, which 5,693
evidence may consist of testimony from the interested party, that 5,694
is sufficient to establish that the party did not actually 5,695
receive a decision within the thirty-day appeal period provided 5,696
in division (O)(1) of this section, and a court of common pleas 5,697
finds that the interested party did not actually receive the 5,698
decision within that thirty-day appeal period, then the appeal 5,699
period is extended to thirty days after the interested party 5,700
actually receives the decision. 5,701
(R) No finding of fact or law, decision, or order of the 5,703
administrator DIRECTOR, hearing officer, or the review 5,704
commission, or a reviewing court pursuant to this section, shall 5,707
be given collateral estoppel or res judicata effect in any 5,708
separate or subsequent judicial, administrative, or arbitration 5,709
proceeding, other than a proceeding arising under this chapter. 5,710
Sec. 5101.01. As used in the Revised Code, the "department 5,719
of public welfare" means AND the "department of human services," 5,721
127
MEAN THE DEPARTMENT OF JOB AND FAMILY SERVICES and the "director 5,722
of public welfare" means AND the "director of human services" 5,723
MEAN THE DIRECTOR OF JOB AND FAMILY SERVICES. Whenever the 5,724
department or director of public welfare OR THE DEPARTMENT OR 5,726
DIRECTOR OF HUMAN SERVICES is referred to or designated in any 5,727
statute, rule, contract, GRANT, or other document, the reference 5,729
or designation shall be deemed to refer to the department or 5,730
director of human JOB AND FAMILY services, as the case may be. 5,731
Sec. 5101.02. The director of human JOB AND FAMILY 5,740
services is the executive head of the department of human JOB AND 5,742
FAMILY services. All duties conferred on the various offices, 5,744
divisions, bureaus, sections, and institutions WORK UNITS of the 5,745
department by law or by order of the director shall be performed 5,746
under such rules as the director prescribes, and shall be under 5,748
the director's control.
Sec. 5101.05. Except as otherwise provided as to 5,757
appointments by chiefs of divisions, the THE director of human 5,758
JOB AND FAMILY services shall MAY appoint such employees as are 5,759
necessary for the efficient conduct OPERATION of the department 5,760
and OF JOB AND FAMILY SERVICES. THE DIRECTOR MAY prescribe their 5,762
titles THE TITLE and duties OF THE EMPLOYEES. 5,763
Sec. 5101.051. IF THE DIRECTOR OF JOB AND FAMILY SERVICES 5,765
DETERMINES THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY 5,766
SERVICES CAN BEST BE FILLED IN ACCORDANCE WITH DIVISION (A)(2) OF 5,767
SECTION 124.30 OF THE REVISED CODE OR WITHOUT REGARD TO A 5,768
RESIDENCY REQUIREMENT ESTABLISHED BY A RULE ADOPTED BY THE 5,769
DIRECTOR OF ADMINISTRATIVE SERVICES, THE DIRECTOR OF JOB AND
FAMILY SERVICES SHALL PROVIDE THE DIRECTOR OF ADMINISTRATIVE 5,770
SERVICES CERTIFICATION OF THE DETERMINATION. 5,771
Sec. 5101.06. The director of human JOB AND FAMILY 5,780
services may establish offices, divisions, bureaus, and sections 5,782
and prescribe their powers and duties WORK UNITS WITHIN THE 5,783
DEPARTMENT OF JOB AND FAMILY SERVICES AS NECESSARY FOR THE 5,784
EFFICIENT OPERATION OF THE DEPARTMENT. THE DIRECTOR SHALL 5,785
128
APPOINT THE CHIEF OF EACH WORK UNIT.
Sec. 5101.08. The department DIRECTOR of human JOB AND 5,795
FAMILY services shall MAY require any of its THE employees and 5,797
each officer and employee of every institution under its control 5,798
OF THE DEPARTMENT OF JOB AND FAMILY SERVICES who may be charged 5,799
with custody or control of any PUBLIC money or property belonging 5,800
to the state or who is required to give bond, to give a surety 5,801
company bond, properly conditioned, in a sum to be fixed by the 5,803
department DIRECTOR which when approved by the department 5,805
DIRECTOR, shall be filed in the office of the secretary of state. 5,807
The cost of such bonds, when approved by the department DIRECTOR, 5,808
shall be paid from funds available for the department. The bonds 5,809
required or authorized by this section may, in the discretion of 5,810
the director of human services, be individual, schedule, or 5,811
blanket bonds.
Sec. 5101.09. (A) WHEN THE DIRECTOR OF JOB AND FAMILY 5,813
SERVICES IS AUTHORIZED BY THE REVISED CODE TO ADOPT A RULE, THE 5,814
DIRECTOR SHALL ADOPT THE RULE IN ACCORDANCE WITH THE FOLLOWING: 5,815
(1) CHAPTER 119. OF THE REVISED CODE IF ANY OF THE 5,817
FOLLOWING APPLY: 5,819
(a) THE RULE CONCERNS THE ADMINISTRATION OR ENFORCEMENT OF 5,821
CHAPTER 4141. OF THE REVISED CODE; 5,822
(b) THE RULE CONCERNS A PROGRAM ADMINISTERED BY THE 5,824
DEPARTMENT OF JOB AND FAMILY SERVICES, UNLESS THE STATUTE 5,825
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,826
WITH SECTION 111.15 OF THE REVISED CODE; 5,827
(c) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,829
RULE BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,831
CODE.
(2) SECTION 111.15 OF THE REVISED CODE IF EITHER OF THE 5,833
FOLLOWING APPLY: 5,835
(a) THE RULE CONCERNS THE DAY-TO-DAY STAFF PROCEDURES AND 5,837
OPERATIONS OF THE DEPARTMENT OR FINANCIAL AND OPERATIONAL MATTERS 5,838
BETWEEN THE DEPARTMENT AND ANOTHER GOVERNMENT ENTITY OR A PRIVATE 5,840
129
ENTITY RECEIVING A GRANT FROM THE DEPARTMENT, UNLESS THE STATUTE 5,841
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,842
WITH CHAPTER 119. OF THE REVISED CODE; 5,843
(b) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,845
RULE BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 5,846
CODE. 5,847
(B) EXCEPT AS OTHERWISE REQUIRED BY THE REVISED CODE, THE 5,850
ADOPTION OF A RULE IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,851
CODE DOES NOT MAKE THE DEPARTMENT OF JOB AND FAMILY SERVICES, A 5,853
COUNTY FAMILY SERVICES AGENCY, OR A WORKFORCE DEVELOPMENT AGENCY 5,854
SUBJECT TO THE NOTICE, HEARING, OR OTHER REQUIREMENTS OF SECTIONS
119.06 TO 119.13 OF THE REVISED CODE. AS USED IN THIS DIVISION, 5,856
"WORKFORCE DEVELOPMENT AGENCY" HAS THE SAME MEANING AS IN SECTION
6301.01 OF THE REVISED CODE. 5,857
Sec. 5101.10. The director of human JOB AND FAMILY 5,866
services may expend funds appropriated or available to the 5,868
department of human JOB AND FAMILY services for the purposes of 5,869
the administration of, and training, education, and research in, 5,871
human services from public or private entities, including other 5,874
governmental agencies; public or private institutions, 5,875
organizations, agencies, and corporations; and individuals. For
purposes of this section, the director may enter into contracts 5,876
or agreements with public and private entities and make grants to 5,877
public and private entities. TO THE EXTENT PERMITTED BY FEDERAL 5,878
LAW, THE DIRECTOR MAY ADVANCE FUNDS TO A GRANTEE WHEN NECESSARY 5,879
FOR THE GRANTEE TO PERFORM DUTIES UNDER THE GRANT AS SPECIFIED BY 5,880
THE DIRECTOR.
The department DIRECTOR may adopt INTERNAL MANAGEMENT rules 5,883
in accordance with section 111.15 of the Revised Code to define 5,885
terms and adopt procedures and other provisions necessary to
implement this section. 5,886
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 5,895
5101.24 of the Revised Code, county social service "WORKFORCE 5,897
DEVELOPMENT agency" and social service duty "WORKFORCE 5,899
130
DEVELOPMENT ACTIVITY" have the same meanings as in section 5,900
307.981 6301.01 of the Revised Code.
(B) The director of human JOB AND FAMILY services shall 5,902
enter into a BIENNIAL written partnership agreement with each 5,904
board of county commissioners. 5,905
(C)(1) EACH PARTNERSHIP AGREEMENT SHALL INCLUDE PROVISIONS 5,907
regarding the administration and design of ALL OF the FOLLOWING: 5,908
(a) THE Ohio works first program established under Chapter 5,911
5107. of the Revised Code, the; 5,912
(b) THE prevention, retention, and contingency program 5,914
established under Chapter 5108. of the Revised Code, duties; 5,915
(c) DUTIES assumed by a county department of human JOB AND 5,918
FAMILY services pursuant to an agreement entered into under 5,920
section 329.05 of the Revised Code, and; 5,921
(d) ANY other county department of human JOB AND FAMILY 5,924
services' duties that the director and board mutually agree to 5,926
include in the agreement;
(e) IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED 5,929
CODE, THE COUNTY THE BOARD SERVES IS A LOCAL AREA DEFINED IN 5,930
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE, WORKFORCE 5,931
DEVELOPMENT ACTIVITIES THE WORKFORCE DEVELOPMENT AGENCY 5,933
ESTABLISHED OR DESIGNATED UNDER SECTION 330.02 OF THE REVISED 5,934
CODE PROVIDES. The director and board may include in the 5,937
(2) EACH partnership agreement MAY INCLUDE provisions 5,939
regarding the administration and design of the duties of child 5,941
support enforcement agencies and public children services 5,942
agencies included in a plan of cooperation entered into under 5,943
section 307.983 of the Revised Code that the director and board 5,944
mutually agree to include in the agreement. Social service 5,945
(D) FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 5,947
ACTIVITIES included in the A PARTNERSHIP agreement shall be 5,949
vested in the board OF COUNTY COMMISSIONERS. The agreement shall 5,950
comply with federal statutes and regulations, state statutes, 5,951
and, except as provided in division (B)(D)(9) of this section, 5,953
131
state rules governing the social service FAMILY SERVICES duties 5,954
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement. 5,955
A partnership agreement shall include responsibilities that 5,958
the state department of human JOB AND FAMILY services and, county 5,959
social service FAMILY SERVICES agencies administering social 5,960
service FAMILY SERVICES duties included in the agreement, AND 5,962
WORKFORCE DEVELOPMENT AGENCIES ADMINISTERING WORKFORCE 5,963
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT must satisfy.
The agreement shall establish, specify, or provide for all of the 5,965
following:
(1) Requirements governing the administration and design 5,967
of, and county social service FAMILY SERVICES agencies' OR 5,968
WORKFORCE DEVELOPMENT AGENCIES' cooperation to enhance, social 5,970
service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 5,971
ACTIVITIES included in the agreement;
(2) Outcomes that county social service FAMILY SERVICES 5,973
agencies OR WORKFORCE DEVELOPMENT AGENCIES are expected to 5,975
achieve from the administration and design of social service 5,976
FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT ACTIVITIES 5,977
included in the agreement and assistance, services, and technical 5,978
support the state department will provide the county social 5,979
service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 5,980
AGENCIES to aid the agencies in achieving the expected outcomes; 5,981
(3) Performance and other administrative standards county 5,983
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 5,984
AGENCIES are required to meet in the design, administration, and 5,986
outcomes of social service FAMILY SERVICES duties OR WORKFORCE 5,987
DEVELOPMENT ACTIVITIES included in the agreement and assistance, 5,988
services, and technical support the state department will provide 5,990
the county social service FAMILY SERVICES agencies OR WORKFORCE 5,991
DEVELOPMENT AGENCIES to aid the agencies in meeting the 5,992
performance and other administrative standards;
(4) Criteria and methodology the state department will use 5,995
to evaluate whether expected outcomes are achieved and
132
performance and other administrative standards are met and county 5,996
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 5,998
AGENCIES will use to evaluate whether the state department is 5,999
providing agreed upon assistance, services, and technical 6,000
support;
(5) Annual financial, administrative, or other incentive 6,002
awards, if any, to be provided in accordance with section 5101.23 6,004
of the Revised Code for exceeding performance and other 6,005
administrative standards; 6,006
(6) The state department taking action against a county 6,008
social service agency pursuant to division (B)(C) of section 6,010
5101.24 of the Revised Code if division (A)(B)(1), (2), or (3) of 6,011
that section applies to the agency; 6,013
(7) The funding of social service FAMILY SERVICES duties 6,015
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement and 6,017
whether the state department will provide funding for two or more 6,018
county department of human services' duties included in the 6,019
agreement pursuant to ESTABLISH a combined CONSOLIDATED funding 6,020
allocation under division (C)(E) of this section. The agreement 6,022
shall either specify the amount of payments to be made for the 6,023
social service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 6,024
ACTIVITIES included in the agreement or the method that will be 6,025
used to determine the amount of payments. 6,026
(8) Audits required by federal statutes and regulations 6,028
and state law and requirements for prompt release of audit 6,029
findings and prompt action to correct problems identified in an 6,030
audit; 6,031
(9) Which, if any, of the state department's rules will be 6,034
waived so that a policy provided for in the agreement may be
implemented; 6,035
(10) The method of amending or terminating the agreement 6,037
and an expedited process for correcting terms or conditions of 6,038
the agreement that the director and board OF COUNTY COMMISSIONERS 6,039
agree are erroneous; 6,041
133
(11) Dispute resolution procedures for anticipated and 6,043
unanticipated disputes. The agreement may establish different 6,044
dispute resolution procedures for different types of disputes. 6,045
Dispute resolution procedures may include negotiation, mediation, 6,047
arbitration, adjudication conducted by a hearing officer or 6,048
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 6,050
agreement may not commence before it is entered into nor end 6,051
later than the last day of the state fiscal biennium for which it 6,053
is entered into.
(13) IF WORKFORCE DEVELOPMENT ACTIVITIES ARE INCLUDED IN 6,055
THE AGREEMENT, BOTH OF THE FOLLOWING: 6,056
(a) THE WORKFORCE DEVELOPMENT PLAN PREPARED UNDER SECTION 6,058
6301.07 OF THE REVISED CODE TO BE ATTACHED TO AND INCORPORATED 6,059
INTO THE AGREEMENT; 6,061
(b) A DESCRIPTION OF THE SERVICES, AND A LIST OF THE CORE 6,063
SERVICES, PROVIDED IN THE ONE-STOP SYSTEM FOR WORKFORCE 6,064
DEVELOPMENT ACTIVITIES THE COUNTY SERVED BY THE BOARD 6,066
PARTICIPATES IN UNDER SECTION 6301.06 OF THE REVISED CODE TO BE 6,067
INCLUDED IN THE AGREEMENT. 6,068
(14) Other provisions determined necessary by the state 6,070
department and the, BOARD, county social services FAMILY SERVICES 6,073
agency, AND WORKFORCE DEVELOPMENT AGENCY.
(C)(E) The state department shall make payments authorized 6,076
by a partnership agreement on vouchers it prepares and may 6,077
include any funds appropriated or allocated to it for carrying 6,078
out social service FAMILY SERVICES duties OR WORKFORCE 6,079
DEVELOPMENT ACTIVITIES vested in the board of county 6,080
commissioners under the agreement, including funds for personal 6,081
services and maintenance. 6,082
To the extent practicable and not in conflict with federal 6,084
statutes or regulations, state law, or an appropriation made by 6,086
the general assembly, the department DIRECTOR may establish a
consolidated funding allocation for two ANY OF THE FOLLOWING: 6,087
134
(1) TWO or more of a county department of human services' 6,090
FAMILY SERVICES duties included in the agreement; 6,092
(2) TWO OR MORE WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED 6,094
IN THE AGREEMENT; 6,095
(3) ONE OR MORE FAMILY SERVICES DUTIES AND WORKFORCE 6,097
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT. A 6,098
A county department of human FAMILY services AGENCY OR 6,100
WORKFORCE DEVELOPMENT AGENCY shall use funds available in a 6,103
consolidated funding allocation only for the purpose for which
the funds were appropriated. 6,104
(D) The director of human services may enter into 6,107
partnership agreements with one or more boards of county 6,108
commissioners at a time but an agreement must be entered into 6,109
with each board not later than January 1, 2000. Until a 6,110
partnership agreement with a board is entered into and 6,111
implemented, a county social service agency serving the county 6,112
that the board serves shall perform its social service duties in 6,113
the manner they are performed on October 1, 1997, with the 6,115
exception that a county social services agency may implement 6,116
changes authorized by federal statutes or regulations, state 6,117
statutes, or state department rules. 6,118
Sec. 5101.211. The director of human JOB AND FAMILY 6,127
services may enter into a written agreement with one or more 6,129
state agencies, as defined in section 117.01 of the Revised Code, 6,131
and state universities and colleges to assist in the 6,132
coordination, provision, or enhancement of the social service 6,133
FAMILY SERVICES duties of a county social service FAMILY SERVICES 6,135
agency OR THE WORKFORCE DEVELOPMENT ACTIVITIES OF A WORKFORCE 6,136
DEVELOPMENT AGENCY. The director also may enter into written 6,137
agreements or contracts with, or issue grants to, private and 6,138
government entities under which funds are provided for the 6,139
enhancement or innovation of human service FAMILY SERVICES OR 6,140
WORKFORCE DEVELOPMENT activities on the state or local level. 6,142
The terms of an agreement, contract, or grant under this section 6,143
135
may be incorporated into a partnership agreement the director 6,144
enters into with a board of county commissioners under section 6,145
5101.21 OR 5101.213 of the Revised Code, if the director and 6,147
board and state agency, state university or college, or private 6,148
or government entity agree. 6,149
THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN 6,151
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO IMPLEMENT 6,152
THIS SECTION.
Sec. 5101.213. (A) THE DIRECTOR OF JOB AND FAMILY 6,154
SERVICES SHALL ENTER INTO A BIENNIAL WRITTEN PARTNERSHIP 6,155
AGREEMENT WITH EACH BOARD OF COUNTY COMMISSIONERS AND CHIEF 6,156
ELECTED OFFICIAL OF A MUNICIPAL CORPORATION REQUIRED BY DIVISION 6,157
(A) OR (C) OF SECTION 6301.05 OF THE REVISED CODE TO ENTER INTO A 6,159
PARTNERSHIP AGREEMENT UNDER THIS SECTION. A PARTNERSHIP 6,161
AGREEMENT SHALL INCLUDE THE TYPES OF PROVISIONS REGARDING 6,162
WORKFORCE DEVELOPMENT ACTIVITIES THAT A PARTNERSHIP AGREEMENT 6,163
ENTERED INTO UNDER SECTION 5101.21 OF THE REVISED CODE IS 6,164
REQUIRED TO INCLUDE. A PARTNERSHIP AGREEMENT REQUIRED BY 6,165
DIVISION (C) OF SECTION 6301.05 OF THE REVISED CODE ALSO SHALL 6,166
INCLUDE THE METHOD AND MANNER BY WHICH THE BOARD OF COUNTY 6,168
COMMISSIONERS OF EACH COUNTY AND THE CHIEF ELECTED OFFICIAL OF A 6,169
MUNICIPAL CORPORATION IN THE LOCAL AREA SHALL RESOLVE 6,170
DISAGREEMENTS CONCERNING EITHER OF THE FOLLOWING: 6,171
(1) CHOICES CONCERNING SPECIFICALLY WHO TO APPOINT TO THE 6,173
WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.06 OF THE 6,175
REVISED CODE, WITHIN THE CRITERIA FOR MEMBERSHIP SET FORTH IN 6,177
THAT SECTION;
(2) WHETHER A MEMBER OF THE WORKFORCE POLICY BOARD IS 6,179
PERFORMING SATISFACTORILY FOR PURPOSES OF SERVING AT THE PLEASURE 6,180
OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA. 6,181
(B) TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH 6,183
FEDERAL STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION 6,184
MADE BY THE GENERAL ASSEMBLY, THE DIRECTOR MAY ESTABLISH A
CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE WORKFORCE 6,185
136
DEVELOPMENT ACTIVITIES INCLUDED IN A PARTNERSHIP AGREEMENT. THE 6,186
CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER OF THE 6,187
FOLLOWING:
(1) A MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA 6,189
DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED 6,190
CODE;
(2) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND 6,192
ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN 6,193
DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE 6,195
COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN 6,196
THE LOCAL AREA.
A WORKFORCE DEVELOPMENT AGENCY SHALL USE FUNDS AVAILABLE IN 6,198
A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH 6,199
THE FUNDS WERE APPROPRIATED. 6,200
Sec. 5101.214. (A) THE DIRECTOR OF JOB AND FAMILY 6,202
SERVICES MAY CONTRACT WITH ONE OR MORE PRIVATE OR GOVERNMENT 6,203
ENTITIES TO PROVIDE ONE OR MORE WORKFORCE DEVELOPMENT ACTIVITIES.
A CONTRACT SHALL DO ALL OF THE FOLLOWING: 6,204
(1) COMPLY WITH FEDERAL REQUIREMENTS, THE REVISED CODE, 6,206
AND STATE RULES GOVERNING THE WORKFORCE INVESTMENT ACTIVITIES 6,207
INCLUDED IN THE CONTRACT; 6,208
(2) SPECIFY THE RESPONSIBILITIES OF THE DEPARTMENT OF JOB 6,210
AND FAMILY SERVICES AND THE PRIVATE OR GOVERNMENT ENTITY UNDER 6,211
THE CONTRACT; 6,212
(3) INCLUDE THE TYPES OF REQUIREMENTS GOVERNING WORKFORCE 6,214
DEVELOPMENT ACTIVITIES THAT WOULD BE INCLUDED IN A PARTNERSHIP 6,215
AGREEMENT UNDER SECTION 5101.21 OR 5101.213 OF THE REVISED CODE. 6,216
(B) THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN 6,218
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE AS NECESSARY 6,220
TO IMPLEMENT THIS SECTION.
Sec. 5101.22. The department of human JOB AND FAMILY 6,229
services may establish performance and other administrative 6,230
standards for the administration and outcomes of social service 6,232
FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT ACTIVITIES and 6,233
137
determine at intervals the department decides the degree to which 6,234
a county social service FAMILY SERVICES agency OR WORKFORCE 6,235
DEVELOPMENT AGENCY complies with a performance or other 6,236
administrative standard. The department may use statistical 6,238
sampling, performance audits, case reviews, or other methods it 6,239
determines necessary and appropriate to determine compliance with 6,240
performance and administrative standards.
A performance or other administrative standard established 6,242
under this section for a social service FAMILY SERVICE duty OR 6,244
WORKFORCE DEVELOPMENT ACTIVITY does not apply to a county social 6,246
service FAMILY SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY 6,247
administering the duty if a different performance or 6,248
administrative standard is specified for the agency's 6,249
administration of the duty OR ACTIVITY pursuant to a partnership 6,250
agreement entered into under section 5101.21 OR 5101.213 of the 6,251
Revised Code. 6,252
Sec. 5101.23. Subject to the availability of funds, the 6,261
department of human JOB AND FAMILY services may provide annual 6,262
financial, administrative, or other incentive awards to county 6,264
social service FAMILY SERVICES agencies that exceed performance 6,265
and other administrative standards specified in a partnership 6,268
agreement entered into under section 5101.21 or established under 6,269
section 5101.22 of the Revised Code. The amount of a financial 6,270
incentive award shall be based on the degree to which a county 6,271
social service agency exceeds a performance or other
administrative standard and the amount of money available in the 6,272
social services incentive fund established under this section AND 6,273
WORKFORCE DEVELOPMENT AGENCIES. A county social service FAMILY 6,275
SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY may spend funds 6,276
provided as a financial incentive award only for the purpose for 6,277
which the funds are appropriated. The department may adopt 6,278
internal management rules in accordance with section 111.15 of 6,279
the Revised Code to establish the amounts of awards, methodology 6,280
for distributing the awards, types of awards, and standards for
138
administration by the department. 6,281
There is hereby created in the state treasury the social 6,283
services incentive fund. The director of human JOB AND FAMILY 6,284
services may request that the director of budget and management 6,286
transfer funds in the Title IV-A reserve fund created under 6,287
section 5101.82 of the Revised Code and other funds appropriated 6,288
for social service FAMILY SERVICES duties OR WORKFORCE INVESTMENT 6,289
ACTIVITIES into the fund. If the director of budget and 6,290
management determines that the funds identified by the director 6,292
of human JOB AND FAMILY services are available and appropriate 6,294
for transfer, the director of budget and management shall make 6,295
the transfer. Money in the fund shall be used to provide 6,296
incentive awards under this section.
Sec. 5101.24. (A) AS USED IN THIS SECTION, "RESPONSIBLE 6,305
ENTITY" MEANS THE FOLLOWING: 6,306
(1) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,308
ACTIVITY INVOLVED IS INCLUDED IN A PARTNERSHIP AGREEMENT A BOARD 6,309
OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF JOB AND FAMILY 6,310
SERVICES ENTERS INTO UNDER SECTION 5101.21 OR 5101.213 OF THE 6,311
REVISED CODE, THE BOARD REGARDLESS OF EITHER OF THE FOLLOWING: 6,313
(a) A COUNTY FAMILY SERVICES AGENCY PERFORMS THE FAMILY 6,315
SERVICES DUTY OR A WORKFORCE DEVELOPMENT AGENCY PERFORMS THE 6,316
WORKFORCE DEVELOPMENT ACTIVITY; 6,317
(b) THE BOARD ENTERED INTO THE PARTNERSHIP AGREEMENT ON 6,319
BEHALF OF ANOTHER BOARD OF COUNTY COMMISSIONERS INCLUDED IN THE 6,320
SAME LOCAL AREA.
(2) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,322
ACTIVITY INVOLVED IS NOT INCLUDED IN A PARTNERSHIP AGREEMENT, THE 6,323
COUNTY FAMILY SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY. 6,324
(B) The department of human JOB AND FAMILY services may 6,327
take action against a county social service agency under division 6,329
(B)(C) of this section AGAINST THE RESPONSIBLE ENTITY if the 6,330
department determines any of the following apply to the COUNTY 6,331
FAMILY SERVICES agency as regards a social service PERFORMING THE 6,333
139
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT AGENCY PROVIDING 6,334
THE WORKFORCE DEVELOPMENT ACTIVITY:
(1) The agency fails to meet a performance standard 6,336
specified in a partnership agreement entered into under section 6,337
5101.21 OR 5101.213 or established under section 5101.22 of the 6,339
Revised Code FOR THE DUTY OR ACTIVITY; 6,340
(2) The agency fails to comply with a requirement 6,342
established by federal statute or regulations, state statute, or 6,343
a department rule FOR THE DUTY OR ACTIVITY; 6,344
(3) The agency is solely or partially responsible for, or 6,346
contributes to, an adverse audit or quality control finding, 6,347
final disallowance of federal financial participation, or other 6,348
sanction or penalty REGARDING THE DUTY OR ACTIVITY. 6,349
(B)(C) The department may take one or more of the 6,352
following actions against a county social service agency THE 6,353
RESPONSIBLE ENTITY if division (A)(B)(1), (2), or (3) of this 6,356
section applies to the agency:
(1) Require the agency RESPONSIBLE ENTITY to submit to and 6,358
comply with a corrective action plan pursuant to a time schedule 6,360
specified by the department; 6,361
(2) REQUIRE THE RESPONSIBLE ENTITY TO DO ONE OF THE 6,363
FOLLOWING:
(a) SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF 6,365
FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY; 6,366
(b) REIMBURSE THE DEPARTMENT THE AMOUNT THE DEPARTMENT 6,368
PAYS TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THAT REPRESENTS 6,369
THE AMOUNT THE AGENCY IS RESPONSIBLE FOR OF AN ADVERSE AUDIT OR 6,371
QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL 6,372
PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL 6,373
GOVERNMENT OR OTHER ENTITY;
(c) PAY THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THE 6,375
AMOUNT THAT REPRESENTS THE AMOUNT THE AGENCY IS RESPONSIBLE FOR 6,376
OF AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL 6,377
DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 6,378
140
SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT OR OTHER 6,379
ENTITY.
(3) Impose a financial or administrative sanction OR 6,381
ADVERSE AUDIT ISSUED BY THE DEPARTMENT against the agency, which 6,383
may include requiring the agency to share with the department a 6,384
final disallowance of federal financial participation or other 6,385
sanction or penalty RESPONSIBLE ENTITY. A sanction may be 6,386
increased if the department has previously taken action against 6,387
the agency RESPONSIBLE ENTITY under this division. 6,388
(3)(4) Perform a social service, OR CONTRACT WITH A 6,391
GOVERNMENT OR PRIVATE ENTITY FOR THE ENTITY TO PERFORM, THE
FAMILY SERVICES duty for the agency OR WORKFORCE DEVELOPMENT 6,392
ACTIVITY until the department is satisfied that the agency 6,394
RESPONSIBLE ENTITY ENSURES THAT THE DUTY OR ACTIVITY will perform 6,395
the duty BE PERFORMED satisfactorily. If the department 6,396
administers PERFORMS OR CONTRACTS WITH AN ENTITY TO PERFORM a 6,397
social service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT 6,399
ACTIVITY under division (B)(3) (C)(4) of this section, the 6,401
department may spend DO EITHER OF THE FOLLOWING: 6,402
(a) SPEND funds in the county treasury appropriated for 6,405
the duty OR ACTIVITY;
(b) WITHHOLD FUNDS ALLOCATED TO THE RESPONSIBLE ENTITY FOR 6,407
THE DUTY OR ACTIVITY AND SPEND THE FUNDS FOR THE DUTY OR 6,408
ACTIVITY.
(4)(5) Request that the attorney general bring mandamus 6,410
proceedings to compel the agency RESPONSIBLE ENTITY to take or 6,411
cease the action that causes division (A)(B)(1), (2), or (3) of 6,414
this section to apply to the agency. The attorney general shall 6,415
bring mandamus proceedings in the Franklin county court of 6,416
appeals at the department's request. 6,417
(C)(D) If the department decides to take action against a 6,420
county social service agency THE RESPONSIBLE ENTITY under 6,421
division (B)(C) of this section, the department shall notify the 6,422
agency, board of county commissioners, RESPONSIBLE ENTITY and 6,423
141
county auditor. THE NOTICE SHALL BE in writing. 6,424
The county social service agency RESPONSIBLE ENTITY may 6,426
request an administrative review of the A proposed action, OTHER 6,428
THAN A PROPOSED ACTION UNDER DIVISION (C)(5) OF THIS SECTION, by 6,430
sending a written request to the department not later than THE 6,431
FOLLOWING:
(1) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(1) 6,433
OF THIS SECTION, FIFTEEN DAYS AFTER THE DEPARTMENT MAILS THE 6,434
NOTICE TO THE RESPONSIBLE ENTITY. IF IT RECEIVES SUCH A REQUEST 6,436
WITHIN THE REQUIRED TIME, THE DEPARTMENT SHALL POSTPONE TAKING 6,437
ACTION UNDER DIVISION (C)(1) OF THIS SECTION FOR FIFTEEN DAYS 6,438
FOLLOWING THE DAY IT RECEIVES THE REQUEST. THE DEPARTMENT AND
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE DURING 6,440
THAT FIFTEEN-DAY PERIOD.
(2) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(2) 6,442
OF THIS SECTION, FORTY-FIVE DAYS AFTER THE DEPARTMENT MAILS THE 6,443
NOTICE TO THE RESPONSIBLE ENTITY. THE ADMINISTRATIVE REVIEW 6,444
SHALL BE LIMITED SOLELY TO THE ISSUE OF THE AMOUNT THE 6,445
RESPONSIBLE ENTITY SHALL SHARE WITH THE DEPARTMENT, REIMBURSE THE 6,446
DEPARTMENT, OR PAY TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY 6,447
UNDER DIVISION (C)(2) OF THIS SECTION. THE DEPARTMENT AND 6,448
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE WITHIN 6,449
SIXTY DAYS.
(3) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(3) 6,451
OR (4) OF THIS SECTION, forty-five days after the department 6,453
mails the notice to the agency RESPONSIBLE ENTITY. If an 6,454
administrative review is requested, the department and agency may 6,456
enter into a written agreement setting forth the dispute
resolution procedures to be used to resolve the dispute and any 6,457
other procedural matters the department and agency agree will 6,458
assist in reaching a prompt, fair, and equitable resolution. If 6,459
THE DEPARTMENT AND RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE 6,460
ANY DISPUTE WITHIN SIXTY DAYS. 6,461
IF the department and agency RESPONSIBLE ENTITY fail to 6,463
142
enter into such an agreement not later than sixty days after the 6,465
agency requests the administrative review RESOLVE ANY DISPUTE 6,466
WITHIN THE REQUIRED TIME, the department shall conduct a hearing 6,467
in accordance with Chapter 119. of the Revised Code, except that 6,470
the department, notwithstanding section 119.07 of the Revised 6,472
Code, is not required to schedule the hearing within fifteen days 6,474
of the agency's RESPONSIBLE ENTITY'S REQUEST. 6,475
(E) THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT 6,477
INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 111.15 OF 6,478
THE REVISED CODE AS NECESSARY TO IMPLEMENT THIS SECTION. 6,479
Sec. 5101.25. The department of human services, in 6,488
consultation with county representatives, shall develop annual 6,489
training goals and model training curriculum for employees of 6,490
county social FAMILY services agencies and identify a variety of 6,492
state funded training opportunities to meet the proposed goals. 6,493
Sec. 5101.35. (A) As used in this section: 6,502
(1) "Agency" means the following entities that administer 6,504
a human FAMILY services program: 6,505
(a) The department of human JOB AND FAMILY services; 6,507
(b) A county department of human JOB AND FAMILY services; 6,509
(c) A public children services agency; 6,511
(d) A private or government entity administering, in whole 6,513
or in part, a human FAMILY services program for or on behalf of 6,515
the department of human JOB AND FAMILY services or a county
department of human service JOB AND FAMILY SERVICES or public 6,516
children services agency. 6,517
(2) "Appellant" means an applicant, participant, former 6,519
participant, recipient, or former recipient of a human FAMILY 6,520
services program who is entitled by federal or state law to a 6,523
hearing regarding a decision or order of the agency that 6,525
administers the program.
(3) "Human FAMILY services program" means assistance 6,527
provided under Chapter 5104., 5107., 5108., 5111., or 5115. or 6,529
section 173.35, 5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 6,530
143
of the Revised Code, other than assistance provided under section 6,532
5101.46 of the Revised Code by the department of mental health, 6,533
the department of mental retardation and developmental 6,534
disabilities, a board of alcohol, drug addiction, and mental 6,535
health services, or a county board of mental retardation and 6,536
developmental disabilities. 6,537
(B) An appellant who appeals under federal or state law a 6,539
decision or order of an agency administering a human FAMILY 6,540
services program shall, at the appellant's request, be granted a 6,543
state hearing by the department of human JOB AND FAMILY services. 6,545
This state hearing shall be conducted in accordance with rules 6,547
adopted under this section. The state hearing shall be 6,548
tape-recorded, but neither the recording nor a transcript of the 6,549
recording shall be part of the official record of the proceeding. 6,550
A state hearing decision is binding upon the agency and 6,551
department, unless it is reversed or modified on appeal to the 6,552
director of human JOB AND FAMILY services or a court of common 6,553
pleas. 6,554
(C) An appellant who disagrees with a state hearing 6,556
decision may make an administrative appeal to the director of 6,557
human JOB AND FAMILY services in accordance with rules adopted 6,559
under this section. This administrative appeal does not require 6,561
a hearing, but the director or the director's designee shall 6,564
review the state hearing decision and previous administrative 6,565
action and may affirm, modify, remand, or reverse the state 6,566
hearing decision. Any person designated to make an administrative 6,567
appeal decision on behalf of the director shall have been 6,568
admitted to the practice of law in this state. An administrative 6,569
appeal decision is the final decision of the department and is 6,570
binding upon the department and agency, unless it is reversed or 6,572
modified on appeal to the court of common pleas. 6,574
(D) An agency shall comply with a decision issued pursuant 6,576
to division (B) or (C) of this section within the time limits 6,578
established by rules adopted under this section. If a county 6,580
144
department of human JOB AND FAMILY services or a public children 6,581
services agency fails to comply within these time limits, the 6,582
department may take action pursuant to section 5101.24 of the 6,585
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds 6,586
due the agency or imposing another sanction established by rules 6,587
adopted under this section. 6,588
(E) An appellant who disagrees with an administrative 6,590
appeal decision of the director of human JOB AND FAMILY services 6,591
or the director's designee issued under division (C) of this 6,593
section may appeal from the decision to the court of common pleas 6,594
pursuant to section 119.12 of the Revised Code. The appeal shall 6,595
be governed by section 119.12 of the Revised Code except that: 6,596
(1) The person may appeal to the court of common pleas of 6,598
the county in which the person resides, or to the court of common 6,600
pleas of Franklin county if the person does not reside in this 6,601
state. 6,602
(2) The person may apply to the court for designation as 6,604
an indigent and, if the court grants this application, the 6,605
appellant shall not be required to furnish the costs of the 6,606
appeal. 6,607
(3) The appellant shall mail the notice of appeal to the 6,609
department of human JOB AND FAMILY services and file notice of 6,610
appeal with the court within thirty days after the department 6,614
mails the administrative appeal decision to the appellant. For 6,615
good cause shown, the court may extend the time for mailing and 6,616
filing notice of appeal, but such time shall not exceed six 6,617
months from the date the department mails the administrative 6,618
appeal decision. Filing notice of appeal with the court shall be 6,619
the only act necessary to vest jurisdiction in the court. 6,620
(4) The department shall be required to file a transcript 6,623
of the testimony of the state hearing with the court only if the 6,624
court orders the department to file the transcript. The court 6,625
shall make such an order only if it finds that the department and 6,626
145
the appellant are unable to stipulate to the facts of the case 6,627
and that the transcript is essential to a determination of the 6,628
appeal. The department shall file the transcript not later than 6,629
thirty days after the day such an order is issued. 6,630
(F) The department of human JOB AND FAMILY services shall 6,632
adopt rules in accordance with Chapter 119. of the Revised Code 6,635
to implement this section, including rules governing the 6,636
following:
(1) State hearings under division (B) of this section; 6,638
(2) Administrative appeals under division (C) of this 6,640
section; 6,641
(3) Time limits for complying with a decision issued under 6,643
division (B) or (C) of this section; 6,644
(4) Sanctions that may be applied against an agency under 6,646
division (D) of this section. 6,647
(G) THE REQUIREMENTS OF CHAPTER 119. OF THE REVISED CODE 6,649
APPLY TO A STATE HEARING OR ADMINISTRATIVE APPEAL UNDER THIS 6,650
SECTION ONLY TO THE EXTENT, IF ANY, SPECIFICALLY PROVIDED BY 6,651
RULES ADOPTED UNDER THIS SECTION.
Sec. 5101.351. THE DEPARTMENT OF JOB AND FAMILY SERVICES 6,653
MAY EMPLOY OR CONTRACT WITH HEARING OFFICERS TO DRAFT AND 6,654
RECOMMEND STATE HEARING DECISIONS UNDER DIVISION (B) OF SECTION 6,655
5101.35 OF THE REVISED CODE. THE DEPARTMENT MAY EMPLOY OR 6,657
CONTRACT WITH HEARING AUTHORITIES TO ISSUE STATE HEARING
DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE REVISED 6,659
CODE. A HEARING AUTHORITY EMPLOYED OR CONTRACTED WITH ON OR 6,660
AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE BEEN ADMITTED 6,661
TO THE PRACTICE OF LAW IN THIS STATE. A HEARING AUTHORITY 6,662
EMPLOYED OR CONTRACTED WITH BEFORE THE EFFECTIVE DATE OF THIS 6,663
SECTION IS NOT REQUIRED TO HAVE BEEN ADMITTED TO THE PRACTICE OF 6,664
LAW IN THIS STATE.
Sec. 5101.37. (A) The department of human JOB AND FAMILY 6,673
services and each county department of human JOB AND FAMILY 6,675
services and child support enforcement agency may make any 6,677
146
investigations that are necessary in the performance of their 6,678
duties, and to that end they shall have the same power as a judge 6,679
of a county court to administer oaths and to enforce the 6,680
attendance and testimony of witnesses and the production of books 6,681
or papers.
The department and each county department and agency shall 6,685
keep a record of their investigations stating the time, place, 6,686
charges or subject, witnesses summoned and examined, and their 6,687
conclusions.
In matters involving the conduct of an officer, a 6,689
stenographic report of the evidence shall be taken and a copy of 6,690
the report, with all documents introduced, kept on file at the 6,691
office of the department, county department, or agency. 6,693
The fees of witnesses for attendance and travel shall be 6,695
the same as in the court of common pleas, but no officer or 6,696
employee of the institution under investigation is entitled to 6,697
such fees. 6,698
(B) In conducting hearings pursuant to sections 3113.21 to 6,700
3113.216 or pursuant to division (B) of section 5101.35 of the 6,702
Revised Code, the department and each child support enforcement 6,703
agency have the same power as a judge of a county court to 6,704
administer oaths and to enforce the attendance and testimony of 6,705
witnesses and the production of books or papers. The department 6,706
and each agency shall keep a record of those hearings stating the 6,707
time, place, charges or subject, witnesses summoned and examined, 6,708
and their conclusions. 6,709
The issuance of a subpoena by the department or a child 6,711
support enforcement agency to enforce attendance and testimony of 6,712
witnesses and the production of books or papers at a hearing is 6,713
discretionary and the department or agency is not required to pay 6,714
the fees of witnesses for attendance and travel. 6,715
(C) Any judge of any division of the court of common 6,718
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 6,719
147
witnesses, the production of books or papers, and the giving of 6,720
testimony before the department, county department, or agency, by 6,722
a judgment for contempt or otherwise, in the same manner as in 6,723
cases before those courts. 6,724
Sec. 5101.38. The department of human JOB AND FAMILY 6,733
services may appoint and commission any competent officer, 6,736
employee, agency, or person to serve as a special agent, 6,737
investigator, or representative to perform a designated duty for 6,738
and in behalf of the department. Specific credentials shall be 6,740
given by the department to each person so designated, and each 6,742
credential shall state:
(A) The person's name; 6,744
(B) Agency with which such person is connected; 6,746
(C) Purpose of appointment; 6,748
(D) Date of expiration of appointment, if appropriate; 6,750
(E) Such information as the department considers proper. 6,752
Sec. 5101.56. Sections 5101.05, 5101.08, 5101.13, 5101.33, 6,761
5101.39, and 5101.56 of the Revised Code attempt: 6,763
(A) To provide humane and scientific treatment and care 6,765
and the highest attainable degree of individual development for 6,766
the dependent wards of the state; 6,767
(B) To provide for the delinquent, conditions of modern 6,769
education and training that will restore the largest possible 6,771
portion of them to useful citizenship;
(C) To promote the study of the causes of dependency and 6,773
delinquency, and of mental, moral, and physical defects, with a 6,774
view to cure and ultimate prevention; 6,775
(D) To secure, by uniform and systematic management, the 6,777
highest attainable degree of economy in the administration of the 6,778
state institutions. Such sections shall be liberally construed 6,779
to attain such purposes.
Sec. 5101.97. (A)(1) Not later than January 1, 1998, and 6,789
the first day of each July and January thereafter, the department 6,791
of human JOB AND FAMILY services shall complete a report on the 6,792
148
characteristics of the individuals who participate in or receive 6,794
services through the programs operated by the department and the 6,795
outcomes of the individuals' participation in or receipt of 6,796
services through the programs. The report shall include 6,797
information on the following: 6,798
(a) Work activities, developmental activities, and 6,800
alternative work activities established under sections 5107.40 to 6,802
5107.69 of the Revised Code; 6,803
(b) Programs of publicly funded child day-care, as defined 6,805
in section 5104.01 of the Revised Code; 6,806
(c) Child support enforcement programs; 6,808
(d) Births to recipients of the medical assistance program 6,810
established under Chapter 5111. of the Revised Code. 6,811
(2) Not later than July 1, 1999, and the first day of each 6,815
July thereafter, the department shall complete a progress report 6,816
on the partnership agreements between the director of human JOB 6,817
AND FAMILY services and boards of county commissioners under 6,819
section 5101.21 of the Revised Code. The report shall include a 6,820
review of whether the county social service FAMILY SERVICES 6,821
agencies AND WORKFORCE DEVELOPMENT AGENCIES satisfied performance 6,823
standards included in the agreements and whether the department 6,825
provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance 6,826
standards.
(3) The department shall submit the reports required under 6,829
divisions (A)(1) and (2) of this section to the speaker and 6,830
minority leader of the house of representatives, the president 6,831
and minority leader of the senate, the legislative budget 6,832
officer, the director of budget and management, and each board of 6,833
county commissioners. The department shall provide copies of 6,834
each report to any person or government entity on request. 6,835
In designing the format for each report, the department 6,837
shall consult with individuals, organizations, and government 6,838
entities interested in the programs operated by the department, 6,839
149
so that the reports are designed to enable the general assembly 6,841
and the public to evaluate the effectiveness of the programs and 6,842
identify any needs that the programs are not meeting. 6,843
(B) Whenever the federal government requires that the 6,846
department submit a report on a program that is operated by the 6,847
department or is otherwise under the department's jurisdiction, 6,848
the department shall prepare and submit the report in accordance 6,849
with the federal requirements applicable to that report. To the 6,850
extent possible, the department may coordinate the preparation 6,851
and submission of a particular report with any other report, 6,852
plan, or other document required to be submitted to the federal 6,853
government, as well as with any report required to be submitted 6,854
to the general assembly. The reports required by the Personal 6,855
Responsibility and Work Opportunity Reconciliation Act of 1996 6,858
(P.L. 104-193) may be submitted as an annual summary. 6,859
Sec. 5103.02. As used in sections 5103.03 to 5103.19 6,868
5103.17 of the Revised Code: 6,870
(A) "Institution" or "association" includes any 6,872
incorporated or unincorporated organization, society, 6,873
association, or agency, public or private, that receives or cares 6,874
for children for two or more consecutive weeks; any individual 6,876
who, for hire, gain, or reward, receives or cares for children 6,877
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 6,878
the regular employ of a court, or of an institution or 6,880
association certified in accordance with section 5103.03 of the 6,881
Revised Code, who in any manner becomes a party to the placing of 6,882
children in foster homes, unless the individual is related to 6,883
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 6,884
association, school, agency, child guidance center, detention or 6,885
rehabilitation facility, or children's clinic licensed, 6,886
regulated, approved, operated under the direction of, or 6,887
otherwise certified by the department of education, a local board 6,888
150
of education, the department of youth services, the department of 6,889
mental health, or the department of mental retardation and 6,890
developmental disabilities, or any individual who provides care 6,891
for only a single-family group, placed there by their parents or 6,892
other relative having custody, shall not be considered as being 6,893
within the purview of these sections. 6,894
(B) "Family foster home" has the same meaning as in 6,897
section 2151.011 of the Revised Code. 6,898
(C) "Treatment foster home" means a family foster home 6,900
that incorporates special psychological or medical treatment 6,901
designed to care for the specific needs of the children received 6,902
in the family foster home and that receives and cares for 6,903
children who are emotionally or behaviorally disturbed, medically 6,904
fragile requiring special medical treatment due to physical
ailment or condition, mentally retarded, or developmentally 6,905
disabled.
Sec. 6301.01. AS USED IN THIS CHAPTER: 6,907
(A) "LOCAL AREA" MEANS ANY OF THE FOLLOWING: 6,909
(1) A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO 6,911
ADMINISTER AND ENFORCE THE "WORKFORCE INVESTMENT ACT OF 1998," 6,912
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, UNDER THIS CHAPTER 6,914
AND IS NOT JOINING IN PARTNERSHIP WITH ANY OTHER POLITICAL 6,916
SUBDIVISIONS IN ORDER TO DO SO;
(2) A SINGLE COUNTY; 6,918
(3) A CONSORTIUM OF ANY OF THE FOLLOWING POLITICAL 6,920
SUBDIVISIONS:
(a) A GROUP OF TWO OR MORE CONTIGUOUS COUNTIES IN THE 6,922
STATE;
(b) ONE OR MORE COUNTIES AND ONE MUNICIPAL CORPORATION IN 6,924
THE STATE; 6,925
(c) ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL 6,927
CORPORATION IN THE STATE AND ONE OR MORE COUNTIES WITH OR WITHOUT 6,928
ONE MUNICIPAL CORPORATION IN ANOTHER STATE, ON THE CONDITION THAT 6,929
THOSE IN ANOTHER STATE SHARE A LABOR MARKET AREA WITH THOSE IN 6,930
151
THE STATE.
"LOCAL AREA" DOES NOT MEAN A REGION FOR PURPOSES OF 6,932
DETERMINATIONS CONCERNING ADMINISTRATIVE INCENTIVES. 6,933
(B) "WORKFORCE DEVELOPMENT AGENCY" MEANS THE ENTITY GIVEN 6,935
RESPONSIBILITY FOR WORKFORCE DEVELOPMENT ACTIVITIES THAT IS 6,936
DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE 6,937
WITH SECTION 330.02 OF THE REVISED CODE, THE CHIEF ELECTED 6,938
OFFICIAL OF A MUNICIPAL CORPORATION IN ACCORDANCE WITH SECTION 6,939
763.05 OF THE REVISED CODE, OR THE CHIEF ELECTED OFFICIALS OF A 6,941
LOCAL AREA DEFINED IN DIVISION (A)(3) OF THIS SECTION. 6,942
(C) "WORKFORCE DEVELOPMENT ACTIVITY" MEANS A PROGRAM, 6,944
GRANT, OR OTHER FUNCTION, THE PRIMARY GOAL OF WHICH IS TO DO ONE 6,945
OR MORE OF THE FOLLOWING: 6,946
(1) HELP INDIVIDUALS MAXIMIZE THEIR EMPLOYMENT 6,948
OPPORTUNITIES;
(2) HELP EMPLOYERS GAIN ACCESS TO SKILLED WORKERS; 6,950
(3) HELP EMPLOYERS RETAIN SKILLED WORKERS; 6,952
(4) HELP DEVELOP OR ENHANCE THE SKILLS OF INCUMBENT 6,954
WORKERS;
(5) IMPROVE THE QUALITY OF THE STATE'S WORKFORCE; 6,956
(6) ENHANCE THE PRODUCTIVITY AND COMPETITIVENESS OF THE 6,958
STATE'S ECONOMY. 6,959
(D) "CHIEF ELECTED OFFICIALS," WHEN USED IN REFERENCE TO A 6,961
LOCAL AREA, MEANS THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 6,963
OR OF EACH COUNTY IN THE LOCAL AREA, AND THE CHIEF ELECTED 6,964
OFFICIAL OF THE MUNICIPAL CORPORATION, IF THE LOCAL AREA INCLUDES 6,965
A MUNICIPAL CORPORATION, EXCEPT THAT WHEN THE LOCAL AREA IS THE 6,966
TYPE DEFINED IN DIVISION (A)(1) OF THIS SECTION, "CHIEF ELECTED 6,967
OFFICIALS" MEANS THE CHIEF ELECTED OFFICIAL OF THE MUNICIPAL 6,968
CORPORATION.
Sec. 6301.02. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES 6,970
SHALL ADMINISTER THE "WORKFORCE INVESTMENT ACT OF 1998," 112 6,972
STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, THE "WAGNER-PEYSER ACT," 6,976
48 STAT. 113 (1933), 29 U.S.C.A. 49, AS AMENDED, AND THE FUNDS 6,979
152
RECEIVED PURSUANT TO THOSE ACTS. IN ADMINISTERING THOSE ACTS AND 6,980
FUNDS RECEIVED PURSUANT TO THOSE ACTS, THE DIRECTOR SHALL 6,981
ESTABLISH AND ADMINISTER A WORKFORCE DEVELOPMENT SYSTEM DESIGNED 6,982
TO PROVIDE LEADERSHIP, SUPPORT, AND OVERSIGHT TO LOCALLY DESIGNED 6,983
WORKFORCE DEVELOPMENT AND FAMILY SERVICES SYSTEMS. THE DIRECTOR 6,984
HEREBY IS VESTED WITH ALL THE AUTHORITY NECESSARY TO ADMINISTER 6,985
THOSE ACTS, THE FUNDS RECEIVED PURSUANT TO THOSE ACTS, AND THE 6,986
WORKFORCE DEVELOPMENT SYSTEM.
(B) THE DIRECTOR SHALL SUPPORT AND FACILITATE THE 6,988
DEVELOPMENT OF A FLEXIBLE, COST-EFFECTIVE, LOCALLY DRIVEN SERVICE 6,989
DELIVERY SYSTEM THAT DOES BOTH OF THE FOLLOWING: 6,990
(1) PROVIDES EMPLOYERS WITH A GREATER ABILITY TO DEFINE 6,992
WORKFORCE DEVELOPMENT NEEDS AND ENSURES THEIR ACCESS TO SKILLED, 6,993
TRAINED WORKERS; 6,994
(2) PROVIDES INDIVIDUALS OPPORTUNITIES TO MAXIMIZE THEIR 6,996
SUCCESS IN THE WORKFORCE AND RECOGNIZES THAT INDIVIDUALS HAVE THE 6,997
ULTIMATE RESPONSIBILITY FOR THE CHOICES AND DECISIONS THAT IMPACT 6,998
THEIR LIVES. 6,999
(C) IN ADMINISTERING THE WORKFORCE DEVELOPMENT SYSTEM, THE 7,001
DIRECTOR SHALL DO ALL OF THE FOLLOWING: 7,002
(1) PROVIDE THE MAXIMUM AMOUNT OF FLEXIBILITY AND 7,004
AUTHORITY TO POLITICAL SUBDIVISIONS OF THE STATE AS FEDERAL LAW 7,005
PERMITS;
(2) ASSIST AND ENCOURAGE POLITICAL SUBDIVISIONS OF THE 7,007
STATE TO JOIN TOGETHER INTO REGIONS TO CONSOLIDATE AND INTEGRATE 7,008
FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES TO 7,009
FORM A SEAMLESS DELIVERY SYSTEM DESIGNED TO PROVIDE AN INDIVIDUAL 7,010
WITH CONSISTENT SERVICE TAILORED TO MEET THE INDIVIDUAL'S NEEDS; 7,011
(3) CONDUCT INVESTIGATIONS AND HOLD HEARINGS AS NECESSARY 7,013
FOR THE ADMINISTRATION OF THIS CHAPTER. 7,014
(D) TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, THE 7,016
DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED 7,017
CODE TO ESTABLISH ANY PROGRAM OR PILOT PROGRAM FOR THE PURPOSES 7,018
OF PROVIDING WORKFORCE DEVELOPMENT ACTIVITIES OR FAMILY SERVICES
153
TO INDIVIDUALS WHO DO NOT MEET ELIGIBILITY CRITERIA FOR THOSE 7,019
ACTIVITIES OR SERVICES UNDER APPLICABLE FEDERAL LAW. PRIOR TO 7,020
THE INITIATION OF ANY PROGRAM OF THAT NATURE, THE DIRECTOR OF 7,021
BUDGET AND MANAGEMENT SHALL CERTIFY TO THE GOVERNOR THAT 7,022
SUFFICIENT FUNDS ARE AVAILABLE TO ADMINISTER A PROGRAM OF THAT 7,023
NATURE.
(E) UNLESS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, 7,025
EVERY STATE AGENCY, BOARD, OR COMMISSION SHALL PROVIDE TO THE 7,026
DIRECTOR ALL INFORMATION AND ASSISTANCE REQUESTED BY THE DIRECTOR
IN FURTHERANCE OF WORKFORCE DEVELOPMENT ACTIVITIES. 7,027
Sec. 6301.03. (A) IN ADMINISTERING THE "WORKFORCE 7,030
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,033
AMENDED, THE "WAGNER-PEYSER ACT," 48 STAT. 113 (1933), 29 7,035
U.S.C.A. 49, AS AMENDED, THE FUNDS RECEIVED PURSUANT TO THOSE 7,036
ACTS, AND THE WORKFORCE DEVELOPMENT SYSTEM, THE DIRECTOR OF JOB 7,037
AND FAMILY SERVICES MAY MAKE ALLOCATIONS AND PAYMENT OF FUNDS FOR 7,038
THE LOCAL ADMINISTRATION OF THE WORKFORCE DEVELOPMENT ACTIVITIES 7,040
ESTABLISHED UNDER THIS CHAPTER. PURSUANT TO THE "WORKFORCE 7,041
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,043
AMENDED, THE GOVERNOR SHALL RESERVE NOT MORE THAN FIFTEEN PER 7,045
CENT OF THE AMOUNTS ALLOCATED TO THE STATE UNDER TITLE I OF THAT 7,046
ACT FOR ADULTS, DISLOCATED WORKERS, AND YOUTH FOR STATEWIDE 7,047
ACTIVITIES, AND NOT MORE THAN TWENTY-FIVE PER CENT OF FUNDS 7,048
ALLOCATED FOR DISLOCATED WORKERS UNDER TITLE I OF THAT ACT FOR 7,049
STATEWIDE RAPID RESPONSE ACTIVITIES. 7,050
(B) THE DIRECTOR MAY ESTABLISH A MAXIMUM AMOUNT THE 7,052
DIRECTOR SHALL ALLOCATE UNDER THIS SECTION. THE DIRECTOR SHALL 7,053
ALLOCATE TO LOCAL AREAS ALL FUNDS REQUIRED TO BE ALLOCATED TO 7,054
LOCAL AREAS PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF 1998," 7,055
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED. 7,056
(C) THE DIRECTOR SHALL MAKE ALLOCATIONS ONLY WITH FUNDS 7,058
AVAILABLE AND IN ACCORDANCE WITH ALL OF THE FOLLOWING: 7,059
(1) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,061
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES 7,062
154
THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AS ITS WORKFORCE 7,063
DEVELOPMENT AGENCY, THE DIRECTOR SHALL ALLOCATE THE FUNDS TO THAT 7,064
COUNTY DEPARTMENT. THAT COUNTY DEPARTMENT SHALL DEPOSIT ALL 7,065
FUNDS RECEIVED PURSUANT TO THIS SECTION INTO THE COUNTY PUBLIC 7,066
ASSISTANCE FUND. 7,067
(2) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,069
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,070
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY FOR WHICH THE BOARD 7,071
MAINTAINS RESPONSIBILITY OR IS IN CONTROL OF, BUT WHICH IS NOT 7,072
THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES, THE BOARD SHALL 7,073
ESTABLISH A COUNTY WORKFORCE DEVELOPMENT FUND, AND THE ENTITY 7,074
RECEIVING THE FUNDS SHALL DEPOSIT ALL FUNDS RECEIVED UNDER THIS 7,075
SECTION INTO THE COUNTY WORKFORCE DEVELOPMENT FUND. ALL 7,076
EXPENDITURES FOR ACTIVITIES FUNDED UNDER THIS SECTION SHALL BE 7,077
MADE FROM THE COUNTY WORKFORCE DEVELOPMENT FUND. 7,078
(3) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,080
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,081
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY OTHER THAN ONE 7,082
DESCRIBED IN DIVISIONS (C)(1) AND (2) OF THIS SECTION, THE BOARD 7,083
SHALL DESIGNATE A FISCAL AGENT TO RECEIVE AND BE RESPONSIBLE FOR 7,084
THE FUNDS. ANY ENTITY DESIGNATED BY THE BOARD AS THE FISCAL
AGENT SHALL BE AN AGENCY SUPERVISED BY THE DIRECTOR OR THE COUNTY 7,085
AUDITOR. 7,086
(4) IF A MUNICIPAL CORPORATION ADMINISTERING WORKFORCE 7,088
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL IS DESIGNATED TO 7,089
RECEIVE FUNDS UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL 7,090
PLACE ALL FUNDS RECEIVED UNDER THIS SECTION INTO A SPECIAL FUND 7,091
AND ALL EXPENDITURES FOR WORKFORCE DEVELOPMENT ACTIVITIES SHALL 7,092
BE MADE FROM THAT FUND. THE MUNICIPAL CORPORATION MAY USE THE 7,093
FUNDS IN THAT FUND ONLY FOR THE WORKFORCE DEVELOPMENT ACTIVITIES 7,094
FOR WHICH THE FUNDS ARE APPROPRIATED. 7,095
(D) THE USE OF FUNDS, REPORTING REQUIREMENTS, AND OTHER 7,097
ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS GOVERNING THE USE OF 7,098
FUNDS RECEIVED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL BE 7,099
155
GOVERNED BY INTERNAL MANAGEMENT RULES ADOPTED BY THE DIRECTOR
PURSUANT TO SECTION 111.15 OF THE REVISED CODE. 7,100
(E) TO THE EXTENT PERMITTED BY STATE OR FEDERAL LAW, THE 7,102
DIRECTOR, LOCAL AREAS, COUNTIES, AND MUNICIPAL CORPORATIONS 7,103
AUTHORIZED TO ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES MAY
ASSESS A FEE FOR SPECIALIZED SERVICES REQUESTED BY AN EMPLOYER. 7,104
THE DIRECTOR SHALL ADOPT RULES PURSUANT TO SECTION 111.15 OF THE 7,105
REVISED CODE GOVERNING THE NATURE AND AMOUNT OF THOSE TYPES OF 7,107
FEES.
Sec. 6301.04. THE GOVERNOR SHALL ESTABLISH A STATE 7,109
WORKFORCE POLICY BOARD AND APPOINT MEMBERS TO THE BOARD, WHO 7,110
SERVE AT THE GOVERNOR'S PLEASURE, TO PERFORM DUTIES UNDER THE 7,111
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,113
2801, AS AMENDED, AS AUTHORIZED BY THE GOVERNOR. THE BOARD IS 7,114
NOT SUBJECT TO SECTION 101.84 OF THE REVISED CODE. THE DIRECTOR 7,115
OF JOB AND FAMILY SERVICES MAY ASSIST THE BOARD IN THE 7,116
PERFORMANCE OF ITS DUTIES. 7,117
Sec. 6301.05. (A) THE CHIEF ELECTED OFFICIAL OF A 7,119
MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA DEFINED IN 7,120
DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE SHALL 7,122
ENTER INTO A BIENNIAL WRITTEN PARTNERSHIP AGREEMENT WITH THE 7,123
DIRECTOR OF JOB AND FAMILY SERVICES IN ACCORDANCE WITH SECTION 7,124
5101.213 OF THE REVISED CODE.
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT 7,126
IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(2) OF SECTION 7,127
6301.01 OF THE REVISED CODE SHALL ENTER INTO A BIENNIAL WRITTEN 7,128
PARTNERSHIP AGREEMENT WITH THE DIRECTOR IN ACCORDANCE WITH 7,129
SECTION 5101.21 OF THE REVISED CODE. 7,130
(C) EACH BOARD OF COUNTY COMMISSIONERS OF A COUNTY, AND 7,132
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION, IN THE 7,133
TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(3) OF SECTION 6301.01 7,134
OF THE REVISED CODE SHALL DO EITHER OF THE FOLLOWING: 7,136
(1) INDIVIDUALLY ENTER INTO A BIENNIAL WRITTEN PARTNERSHIP 7,138
AGREEMENT WITH THE DIRECTOR IN ACCORDANCE WITH SECTION 5101.213 7,139
156
OF THE REVISED CODE; 7,140
(2) ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY 7,142
COMMISSIONERS OF EACH COUNTY, AND THE CHIEF ELECTED OFFICIAL OF 7,143
THE MUNICIPAL CORPORATION, INCLUDED IN THE SAME LOCAL AREA, FOR 7,144
THE PURPOSE OF DESIGNATING ONE BOARD OR THE CHIEF ELECTED 7,145
OFFICIAL AS THE BOARD OR CHIEF ELECTED OFFICIAL TO ENTER INTO A 7,146
BIENNIAL WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR ON 7,147
BEHALF OF EACH BOARD AND THE CHIEF ELECTED OFFICIAL IN THAT LOCAL 7,148
AREA. THE DESIGNATED BOARD OR CHIEF ELECTED OFFICIAL SHALL ENTER 7,149
INTO THE PARTNERSHIP AGREEMENT WITH THE DIRECTOR IN ACCORDANCE 7,150
WITH SECTION 5101.213 OF THE REVISED CODE. 7,151
Sec. 6301.06. (A) THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,153
AREA SHALL CREATE A WORKFORCE POLICY BOARD, WHICH SHALL CONSIST 7,154
OF THE FOLLOWING INDIVIDUALS: 7,155
(1) THE CHIEF ELECTED OFFICIAL FROM THE MUNICIPAL 7,157
CORPORATION WITH THE LARGEST POPULATION IN THE LOCAL AREA, EXCEPT 7,158
THAT IF THE MUNICIPAL CORPORATION IS A LOCAL AREA AS DEFINED IN 7,159
DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE, THE CHIEF 7,161
ELECTED OFFICIAL OF THAT MUNICIPAL CORPORATION MAY DETERMINE 7,162
WHETHER TO BE A MEMBER OF THE BOARD. 7,163
(2) THE FOLLOWING INDIVIDUALS APPOINTED TO THE BOARD BY 7,165
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, WHO SHALL MAKE 7,166
THOSE APPOINTMENTS ACCORDING TO ALL OF THE FOLLOWING 7,168
SPECIFICATIONS:
(a) AT LEAST FIVE MEMBERS OF THE BOARD SHALL BE 7,170
REPRESENTATIVES OF PRIVATE SECTOR BUSINESSES IN THE GENERAL LABOR 7,171
MARKET AREA THAT INCLUDES THAT LOCAL AREA, AND SHALL BE APPOINTED 7,172
FROM AMONG INDIVIDUALS NOMINATED BY LOCAL BUSINESS ORGANIZATIONS 7,174
AND BUSINESS TRADE ASSOCIATIONS. AMONG THESE MEMBERS, AT LEAST 7,175
ONE SHALL REPRESENT SMALL BUSINESSES, AT LEAST ONE SHALL 7,176
REPRESENT MEDIUM-SIZED BUSINESSES, AND AT LEAST ONE SHALL 7,177
REPRESENT LARGE BUSINESSES. WHEN DETERMINING WHAT CONSTITUTES 7,178
SMALL, MEDIUM-SIZED, AND LARGE BUSINESSES FOR PURPOSES OF THIS 7,179
DIVISION, THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA SHALL
157
DEFINE THOSE SIZES AS THOSE SIZES ARE GENERALLY UNDERSTOOD WITHIN 7,180
THE LABOR MARKET AREA THAT INCLUDES THAT LOCAL AREA. A MAJORITY 7,181
OF THE MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF PRIVATE 7,182
SECTOR BUSINESSES. 7,183
(b) AT LEAST ONE MEMBER OF THE BOARD SHALL REPRESENT 7,185
ORGANIZED LABOR AND SHALL BE APPOINTED FROM NOMINATIONS SUBMITTED 7,186
BY ORGANIZED LABOR UNIONS REPRESENTING WORKERS EMPLOYED IN THE 7,188
LOCAL AREA.
(c) AT LEAST TWO MEMBERS OF THE BOARD SHALL BE 7,190
REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES. FOR PURPOSES OF 7,191
THIS DIVISION, "LOCAL EDUCATIONAL ENTITIES" INCLUDES LOCAL 7,193
EDUCATIONAL AGENCIES, SCHOOL DISTRICT BOARDS OF EDUCATION,
ENTITIES PROVIDING EDUCATIONAL AND LITERACY ACTIVITIES, AND 7,194
POST-SECONDARY EDUCATIONAL INSTITUTIONS. 7,195
(d) ANY OTHER INDIVIDUALS THE CHIEF ELECTED OFFICIALS OF 7,197
THE LOCAL AREA DETERMINE ARE NECESSARY. 7,198
(B) MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE 7,200
CHIEF ELECTED OFFICIALS OF THE LOCAL AREA AND SHALL BE 7,201
COMPENSATED FOR REASONABLE AND NECESSARY EXPENSES ONLY. THOSE 7,203
EXPENSES SHALL BE PAID FROM FUNDS ALLOCATED PURSUANT TO SECTION 7,204
6301.03 OF THE REVISED CODE.
THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY PROVIDE 7,206
OFFICE SPACE, STAFF, OR OTHER ADMINISTRATIVE SUPPORT AS NEEDED TO 7,207
THE BOARD. FOR PURPOSES OF SECTION 102.02 OF THE REVISED CODE, 7,208
MEMBERS OF THE BOARD ARE NOT PUBLIC OFFICIALS OR EMPLOYEES. 7,209
(C) THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA OTHER THAN 7,211
A LOCAL AREA AS DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF 7,212
THE REVISED CODE, SHALL COORDINATE THE WORKFORCE DEVELOPMENT 7,213
ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING COMMITTEES AND 7,214
THE WORKFORCE POLICY BOARDS IN THE LOCAL AREA IN ANY MANNER THAT 7,215
IS EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF THE LOCAL AREA. 7,216
THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY, BUT ARE 7,218
NOT REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES AS THEY 7,219
DETERMINE APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES OF 7,220
158
WORKFORCE DEVELOPMENT ACTIVITIES. A MAJORITY OF THE MEMBERS OF 7,221
THAT CONSOLIDATED BOARD SHALL REPRESENT PRIVATE SECTOR 7,222
BUSINESSES. THE MEMBERSHIP OF THAT CONSOLIDATED BOARD SHALL 7,223
INCLUDE A REPRESENTATIVE FROM EACH GROUP GRANTED REPRESENTATION 7,224
AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND ALSO A MEMBER 7,225
WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A MEMBER WHO
REPRESENTS THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES. THE 7,226
MEMBERSHIP OF THAT CONSOLIDATED BOARD MAY INCLUDE A 7,227
REPRESENTATIVE OF ONE OR MORE GROUPS AND ENTITIES THAT MAY BE 7,228
REPRESENTED ON A COUNTY FAMILY SERVICES PLANNING COMMITTEE, AS 7,229
SPECIFIED IN SECTION 329.06 OF THE REVISED CODE. 7,230
(D) THE CHIEF ELECTED OFFICIAL OF A LOCAL AREA AS DEFINED 7,232
IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE, SHALL 7,234
COORDINATE, TO THE BEST OF THAT OFFICIAL'S ABILITY, THE WORKFORCE 7,235
DEVELOPMENT ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING 7,236
COMMITTEES AND THE WORKFORCE POLICY BOARDS IN THAT LOCAL AREA IN 7,238
ANY MANNER THAT IS EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF 7,239
THAT LOCAL AREA.
THE CHIEF ELECTED OFFICIAL OF THAT LOCAL AREA MAY, BUT IS 7,241
NOT REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES THAT THAT 7,242
OFFICIAL DETERMINES APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES 7,243
OF WORKFORCE DEVELOPMENT ACTIVITIES. A MAJORITY OF THE MEMBERS 7,244
OF THAT CONSOLIDATED BOARD SHALL REPRESENT PRIVATE SECTOR 7,245
BUSINESSES. THE MEMBERSHIP OF THAT CONSOLIDATED BOARD SHALL 7,246
INCLUDE A REPRESENTATIVE FROM EACH GROUP GRANTED REPRESENTATION 7,247
AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND ALSO A MEMBER 7,248
WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A MEMBER WHO 7,249
REPRESENTS THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES. THE 7,250
MEMBERSHIP OF THAT CONSOLIDATED BOARD MAY INCLUDE A 7,251
REPRESENTATIVE OF ONE OR MORE GROUPS AND ENTITIES THAT MAY BE 7,252
REPRESENTED ON A COUNTY FAMILY SERVICES PLANNING COMMITTEE, AS 7,253
SPECIFIED IN SECTION 329.06 OF THE REVISED CODE. 7,254
Sec. 6301.07. (A) EVERY WORKFORCE POLICY BOARD, WITH THE 7,256
AGREEMENT OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, SHALL 7,257
159
PREPARE A WORKFORCE DEVELOPMENT PLAN PURSUANT TO THE "WORKFORCE 7,259
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,260
AMENDED, AND INCORPORATE THAT PLAN INTO AND ATTACH THAT PLAN TO 7,261
THE PARTNERSHIP AGREEMENT REQUIRED UNDER SECTION 6301.05 OF THE 7,263
REVISED CODE. THE PLAN SHALL ACCOMPLISH ALL OF THE FOLLOWING: 7,264
(1) IDENTIFY THE WORKFORCE INVESTMENT NEEDS OF BUSINESSES 7,266
IN THE LOCAL AREA, IDENTIFY PROJECTED EMPLOYMENT OPPORTUNITIES, 7,267
AND IDENTIFY THE JOB SKILLS NECESSARY TO OBTAIN THOSE 7,268
OPPORTUNITIES;
(2) IDENTIFY THE LOCAL AREA'S WORKFORCE DEVELOPMENT NEEDS 7,270
FOR YOUTH, DISLOCATED WORKERS, ADULTS, DISPLACED HOMEMAKERS, 7,271
INCUMBENT WORKERS, AND ANY OTHER GROUP OF WORKERS IDENTIFIED BY 7,272
THE WORKFORCE POLICY BOARD; 7,273
(3) DETERMINE THE DISTRIBUTION OF WORKFORCE DEVELOPMENT 7,275
RESOURCES AND FUNDING TO BE DISTRIBUTED FOR EACH WORKFORCE 7,276
DEVELOPMENT ACTIVITY TO MEET THE IDENTIFIED NEEDS, UTILIZING THE 7,279
FUNDS ALLOCATED PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF 7,280
1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED; 7,281
(4) REVIEW THE MINIMUM CURRICULUM REQUIRED BY THE STATE 7,283
WORKFORCE POLICY BOARD FOR CERTIFYING TRAINING PROVIDERS AND 7,284
IDENTIFY ANY ADDITIONAL CURRICULUM REQUIREMENTS TO INCLUDE IN 7,285
CONTRACTS BETWEEN THE TRAINING PROVIDERS AND THE CHIEF ELECTED 7,286
OFFICIALS OF THE LOCAL AREA;
(5) ESTABLISH PERFORMANCE STANDARDS FOR SERVICE PROVIDERS 7,288
THAT REFLECT LOCAL WORKFORCE DEVELOPMENT NEEDS; 7,289
(6) DESCRIBE ANY OTHER INFORMATION THE CHIEF ELECTED 7,291
OFFICIALS OF THE LOCAL AREA REQUIRE. 7,292
(B) A WORKFORCE POLICY BOARD MAY PROVIDE POLICY GUIDANCE 7,294
AND RECOMMENDATIONS TO THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,295
AREA FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES. 7,296
(C) NOTHING IN THIS SECTION PROHIBITS THE CHIEF ELECTED 7,298
OFFICIALS OF A LOCAL AREA FROM ASSIGNING, THROUGH A PARTNERSHIP 7,299
AGREEMENT, ANY DUTIES IN ADDITION TO THE DUTIES UNDER THIS 7,300
SECTION TO A WORKFORCE POLICY BOARD, EXCEPT THAT A WORKFORCE 7,301
160
POLICY BOARD CANNOT CONTRACT WITH ITSELF FOR THE DIRECT PROVISION 7,302
OF SERVICES IN ITS LOCAL AREA. A WORKFORCE POLICY BOARD MAY 7,303
CONSULT WITH THE CHIEF ELECTED OFFICIALS OF ITS LOCAL AREA AND 7,304
MAKE RECOMMENDATIONS REGARDING THE WORKFORCE DEVELOPMENT 7,305
ACTIVITIES PROVIDED IN ITS LOCAL AREA AT ANY TIME. 7,306
Sec. 6301.08. EVERY LOCAL AREA SHALL PARTICIPATE IN A 7,308
ONE-STOP SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES. EACH BOARD 7,309
OF COUNTY COMMISSIONERS AND THE CHIEF ELECTED OFFICIAL OF A 7,310
MUNICIPAL CORPORATION SHALL ENSURE THAT AT LEAST ONE PHYSICAL 7,311
LOCATION IS AVAILABLE IN THE LOCAL AREA FOR THE PROVISION OF 7,312
WORKFORCE DEVELOPMENT ACTIVITIES. 7,313
A ONE-STOP SYSTEM MAY BE OPERATED BY A PRIVATE ENTITY OR A 7,315
PUBLIC AGENCY, INCLUDING A WORKFORCE DEVELOPMENT AGENCY, ANY 7,316
EXISTING FACILITY OR ORGANIZATION THAT IS ESTABLISHED TO 7,317
ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA, 7,318
AND A COUNTY FAMILY SERVICES AGENCY.
A ONE-STOP SYSTEM SHALL BE STAFFED BY ALL THE PARTNERS 7,320
REQUIRED UNDER THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 7,322
936, 29 U.S.C.A. 2801, AS AMENDED. ADDITIONALLY, AT LEAST ONE 7,324
REPRESENTATIVE FROM A COUNTY DEPARTMENT OF JOB AND FAMILY 7,325
SERVICES SHALL STAFF A ONE-STOP SYSTEM TO REPRESENT ALL OF THE 7,326
COUNTY FAMILY SERVICES AGENCIES WITHIN THE LOCAL AREA. 7,327
Section 2. That existing sections 119.01, 119.03, 121.02, 7,329
121.03, 121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 7,330
153.06, 307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 7,331
307.986, 307.987, 329.011, 329.04, 329.05, 329.06, 2151.011, 7,332
2301.357, 2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 7,333
4141.06, 4141.08, 4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 7,334
4141.28, 5101.01, 5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 7,335
5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 7,336
5101.37, 5101.38, 5101.56, 5101.97, and 5103.02 and sections 7,337
4141.02, 4141.03, 4141.05, 4141.057, 4141.12, 4141.15, 4141.16, 7,339
4141.161, 4141.163, 4141.44, 5101.07, 5101.12, 5101.13, 5101.39, 7,340
5101.40, 5101.41, 5103.01, 5103.05, 5103.06, 5103.09, 5103.10, 7,341
161
5103.11, 5103.18, and 5103.19 of the Revised Code are hereby 7,342
repealed.
Section 3. That the version of section 119.03 of the 7,344
Revised Code, as scheduled to take effect on April 1, 2001, be 7,345
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 7,354
any rule, an agency shall comply with the following procedure: 7,355
(A) Reasonable public notice shall be given in the 7,357
register of Ohio at least thirty days prior to the date set for a 7,359
hearing, in the form the agency determines. The agency shall 7,360
file copies of the public notice under division (B) of this 7,361
section. (The agency gives public notice in the register of Ohio 7,362
when the public notice is published in the register under that 7,363
division.)
The public notice shall include: 7,365
(1) A statement of the agency's intention to consider 7,367
adopting, amending, or rescinding a rule; 7,368
(2) A synopsis of the proposed rule, amendment, or rule to 7,370
be rescinded or a general statement of the subject matter to 7,371
which the proposed rule, amendment, or rescission relates; 7,372
(3) A statement of the reason or purpose for adopting, 7,374
amending, or rescinding the rule; 7,375
(4) The date, time, and place of a hearing on the proposed 7,377
action, which shall be not earlier than the thirty-first nor 7,379
later than the fortieth day after the proposed rule, amendment, 7,381
or rescission is filed under division (B) of this section. 7,382
In addition to public notice given in the register of Ohio, 7,385
the agency may give whatever other notice it reasonably considers 7,387
necessary to ensure notice constructively is given to all persons 7,388
who are subject to or affected by the proposed rule, amendment, 7,389
or rescission.
The agency shall provide a copy of the public notice 7,392
required under division (A) of this section to any person who 7,393
requests it and pays a reasonable fee, not to exceed the cost of 7,394
162
copying and mailing. 7,395
(B) The full text of the proposed rule, amendment, or rule 7,398
to be rescinded, accompanied by the public notice required under 7,399
division (A) of this section, shall be filed in both print and 7,400
electronic form with the secretary of state and with the director 7,402
of the legislative service commission. (If in compliance with 7,403
this division an agency files more than one proposed rule, 7,404
amendment, or rescission at the same time, and has prepared a 7,405
public notice under division (A) of this section that applies to 7,406
more than one of the proposed rules, amendments, or rescissions, 7,407
the agency shall file only one notice with the secretary of state 7,408
and with the director for all of the proposed rules, amendments, 7,409
or rescissions to which the notice applies.) The proposed rule, 7,410
amendment, or rescission and public notice shall be filed as 7,411
required by this division at least sixty-five days prior to the 7,412
date on which the agency, in accordance with division (D) of this 7,413
section, issues an order adopting the proposed rule, amendment, 7,414
or rescission. 7,415
The proposed rule, amendment, or rescission shall be 7,418
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 7,419
form without charge to any person affected by the proposal. 7,420
Failure to furnish such text to any person requesting it shall 7,421
not invalidate any action of the agency in connection therewith. 7,422
If the agency files a substantive revision in the text of 7,424
the proposed rule, amendment, or rescission under division (H) of 7,425
this section, it shall also promptly file the full text of the 7,427
proposed rule, amendment, or rescission in its revised form in 7,428
both print and electronic form with the secretary of state and 7,429
with the director of the legislative service commission. 7,430
The agency shall file the rule summary and fiscal analysis 7,434
prepared under section 121.24 or 127.18 of the Revised Code, or 7,435
both, in both print and electronic form along with a proposed 7,436
rule, amendment, or rescission or proposed rule, amendment, or 7,437
163
rescission in revised form that is filed with the secretary of 7,438
state or the director of the legislative service commission. 7,439
The director of the legislative service commission shall 7,441
publish in the register of Ohio the full text of the original and 7,443
each revised version of a proposed rule, amendment, or 7,444
rescission; the full text of a public notice; and the full text 7,446
of a rule summary and fiscal analysis that is filed with the 7,447
director under this division.
(C) On the date and at the time and place designated in 7,449
the notice, the agency shall conduct a public hearing at which 7,450
any person affected by the proposed action of the agency may 7,451
appear and be heard in person, by the person's attorney, or both, 7,453
may present the person's position, arguments, or contentions, 7,454
orally or in writing, offer and examine witnesses, and present 7,456
evidence tending to show that the proposed rule, amendment, or 7,457
rescission, if adopted or effectuated, will be unreasonable or 7,458
unlawful. An agency may permit persons affected by the proposed 7,459
rule, amendment, or rescission to present their positions, 7,460
arguments, or contentions in writing, not only at the hearing, 7,461
but also for a reasonable period before, after, or both before 7,462
and after the hearing. A person who presents a position or 7,463
arguments or contentions in writing before or after the hearing 7,464
is not required to appear at the hearing. 7,465
At the hearing, the testimony shall be recorded. Such 7,467
record shall be made at the expense of the agency. The agency is 7,470
required to transcribe a record that is not sight readable only 7,471
if a person requests transcription of all or part of the record 7,472
and agrees to reimburse the agency for the costs of the 7,473
transcription. An agency may require the person to pay in 7,474
advance all or part of the cost of the transcription. 7,475
In any hearing under this section the agency may administer 7,477
oaths or affirmations. 7,478
(D) After complying with divisions (A), (B), (C), and (H) 7,480
of this section, and when the time for legislative review and 7,481
164
invalidation under division (I) of this section has expired, the 7,482
agency may issue an order adopting the proposed rule or the 7,483
proposed amendment or rescission of the rule, consistent with the 7,484
synopsis or general statement included in the public notice. At 7,485
that time the agency shall designate the effective date of the 7,486
rule, amendment, or rescission, which shall not be earlier than 7,487
the tenth day after the rule, amendment, or rescission has been 7,488
filed in its final form as provided in section 119.04 of the 7,489
Revised Code. 7,490
(E) Prior to the effective date of a rule, amendment, or 7,492
rescission, the agency shall make a reasonable effort to inform 7,493
those affected by the rule, amendment, or rescission and to have 7,494
available for distribution to those requesting it the full text 7,495
of the rule as adopted or as amended. 7,496
(F) If the governor, upon the request of an agency, 7,498
determines that an emergency requires the immediate adoption, 7,499
amendment, or rescission of a rule, the governor shall issue an 7,501
order, the text of which shall be filed in both print and 7,502
electronic form with the agency, the secretary of state, the 7,504
director of the legislative service commission, and the joint 7,505
committee on agency rule review, that the procedure prescribed by 7,506
this section with respect to the adoption, amendment, or 7,507
rescission of a specified rule is suspended. The agency may then 7,508
adopt immediately the emergency rule, amendment, or rescission 7,509
and it becomes effective on the date the rule, amendment, or 7,510
rescission, in final form and in compliance with division (A)(2) 7,511
of section 119.04 of the Revised Code, are filed in both print 7,512
and electronic form with the secretary of state, the director of 7,514
the legislative service commission, and the joint committee on 7,516
agency rule review. If all filings are not completed on the same 7,518
day, the emergency rule, amendment, or rescission shall be 7,519
effective on the day on which the latest filing is completed. 7,520
The director shall publish the full text of the emergency rule, 7,522
amendment, or rescission in the register of Ohio. 7,523
165
The emergency rule, amendment, or rescission shall become 7,526
invalid at the end of the ninetieth day it is in effect. Prior 7,527
to that date the agency may adopt the emergency rule, amendment, 7,528
or rescission as a nonemergency rule, amendment, or rescission by 7,529
complying with the procedure prescribed by this section for the 7,530
adoption, amendment, and rescission of nonemergency rules. The 7,531
agency shall not use the procedure of this division to readopt 7,532
the emergency rule, amendment, or rescission so that, upon the 7,533
emergency rule, amendment, or rescission becoming invalid under 7,534
this division, the emergency rule, amendment, or rescission will 7,535
continue in effect without interruption for another ninety-day 7,536
period.
This division does not apply to the adoption of any 7,538
emergency rule, amendment, or rescission by the tax commissioner 7,539
under division (C)(2) of section 5117.02 of the Revised Code. 7,540
(G) Rules adopted by an authority within the department of 7,542
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 7,543
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 7,544
DEPARTMENT of employment services TAXATION shall be effective 7,546
without a hearing as provided by this section if the statutes 7,547
pertaining to such agency specifically give a right of appeal to 7,548
the board of tax appeals or to a higher authority within the 7,549
agency or to a court, and also give the appellant a right to a 7,550
hearing on such appeal. This division does not apply to the 7,551
adoption of any rule, amendment, or rescission by the tax 7,552
commissioner under division (C)(1) or (2) of section 5117.02 of 7,553
the Revised Code, or deny the right to file an action for 7,554
declaratory judgment as provided in Chapter 2721. of the Revised 7,555
Code from the decision of the board of tax appeals or of the 7,556
higher authority within such agency. 7,557
(H) When any agency files a proposed rule, amendment, or 7,559
rescission under division (B) of this section, it shall also file 7,560
in both print and electronic form with the joint committee on 7,561
agency rule review the full text of the proposed rule, amendment, 7,563
166
or rule to be rescinded in the same form and the public notice 7,564
required under division (A) of this section. (If in compliance 7,565
with this division an agency files more than one proposed rule, 7,566
amendment, or rescission at the same time, and has given a public 7,567
notice under division (A) of this section that applies to more 7,568
than one of the proposed rules, amendments, or rescissions, the 7,569
agency shall file only one notice with the joint committee for 7,572
all of the proposed rules, amendments, or rescissions to which 7,573
the notice applies.) If the agency makes a substantive revision 7,574
in a proposed rule, amendment, or rescission after it is filed 7,575
with the joint committee, the agency shall promptly file the full 7,576
text of the proposed rule, amendment, or rescission in its 7,577
revised form in both print and electronic form with the joint 7,578
committee. The latest version of a proposed rule, amendment, or 7,579
rescission as filed with the joint committee supersedes each 7,580
earlier version of the text of the same proposed rule, amendment, 7,581
or rescission. An agency shall file the rule summary and fiscal 7,583
analysis prepared under section 121.24 or 127.18 of the Revised 7,584
Code, or both, in both print and electronic form along with a 7,585
proposed rule, amendment, or rescission, and along with a 7,586
proposed rule, amendment, or rescission in revised form, that is 7,587
filed under this division. 7,588
This division does not apply to: 7,590
(1) An emergency rule, amendment, or rescission; 7,592
(2) Any proposed rule, amendment, or rescission that must 7,594
be adopted verbatim by an agency pursuant to federal law or rule, 7,595
to become effective within sixty days of adoption, in order to 7,596
continue the operation of a federally reimbursed program in this 7,597
state, so long as the proposed rule contains both of the 7,598
following: 7,599
(a) A statement that it is proposed for the purpose of 7,601
complying with a federal law or rule; 7,602
(b) A citation to the federal law or rule that requires 7,604
verbatim compliance. 7,605
167
If a rule or amendment is exempt from legislative review 7,607
under division (H)(2) of this section, and if the federal law or 7,608
rule pursuant to which the rule or amendment was adopted expires, 7,609
is repealed or rescinded, or otherwise terminates, the rule or 7,610
amendment, or its rescission, is thereafter subject to 7,611
legislative review under division (H) of this section. 7,612
(I)(1) The joint committee on agency rule review may 7,614
recommend the adoption of a concurrent resolution invalidating a 7,615
proposed rule, amendment, rescission, or part thereof if it finds 7,616
any of the following: 7,617
(a) That the rule-making agency has exceeded the scope of 7,619
its statutory authority in proposing the rule, amendment, or 7,620
rescission; 7,621
(b) That the proposed rule, amendment, or rescission 7,623
conflicts with another rule, amendment, or rescission adopted by 7,624
the same or a different rule-making agency; 7,625
(c) That the proposed rule, amendment, or rescission 7,627
conflicts with the legislative intent in enacting the statute 7,628
under which the rule-making agency proposed the rule, amendment, 7,629
or rescission; 7,630
(d) That the rule-making agency has failed to prepare a 7,632
complete and accurate rule summary and fiscal analysis of the 7,633
proposed rule, amendment, or rescission as required by section 7,634
121.24 or 127.18 of the Revised Code, or both. 7,635
The joint committee shall not hold its public hearing on a 7,637
proposed rule, amendment, or rescission earlier than the 7,638
forty-first day after the original version of the proposed rule, 7,639
amendment, or rescission was filed with the joint committee. 7,640
The house of representatives and senate may adopt a 7,642
concurrent resolution invalidating a proposed rule, amendment, 7,643
rescission, or part thereof. The concurrent resolution shall 7,644
state which of the specific rules, amendments, rescissions, or 7,645
parts thereof are invalidated. A concurrent resolution 7,646
invalidating a proposed rule, amendment, or rescission shall be 7,647
168
adopted not later than the sixty-fifth day after the original 7,649
version of the text of the proposed rule, amendment, or 7,650
rescission is filed with the joint committee, except that if more 7,651
than thirty-five days after the original version is filed the 7,652
rule-making agency either files a revised version of the text of 7,653
the proposed rule, amendment, or rescission, or revises the rule 7,654
summary and fiscal analysis in accordance with division (I)(4) of 7,655
this section, a concurrent resolution invalidating the proposed 7,656
rule, amendment, or rescission shall be adopted not later than 7,657
the thirtieth day after the revised version of the proposed rule 7,659
or rule summary and fiscal analysis is filed. If, after the 7,660
joint committee on agency rule review recommends the adoption of 7,661
a concurrent resolution invalidating a proposed rule, amendment, 7,662
rescission, or part thereof, the house of representatives or 7,663
senate does not, within the time remaining for adoption of the 7,664
concurrent resolution, hold five floor sessions at which its 7,665
journal records a roll call vote disclosing a sufficient number 7,666
of members in attendance to pass a bill, the time within which 7,667
that house may adopt the concurrent resolution is extended until 7,668
it has held five such floor sessions. 7,669
Within five days after the adoption of a concurrent 7,671
resolution invalidating a proposed rule, amendment, rescission, 7,672
or part thereof, the clerk of the senate shall send the 7,673
rule-making agency, the secretary of state, and the director of 7,674
the legislative service commission in both print and electronic 7,675
form a certified text of the resolution together with a 7,677
certification stating the date on which the resolution takes 7,678
effect. The secretary of state and the director of the 7,679
legislative service commission shall each note the invalidity of 7,680
the proposed rule, amendment, rescission, or part thereof, and 7,681
shall each remove the invalid proposed rule, amendment, 7,683
rescission, or part thereof from the file of proposed rules. The 7,684
rule-making agency shall not proceed to adopt in accordance with 7,685
division (D) of this section, or to file in accordance with 7,686
169
division (B)(1) of section 111.15 of the Revised Code, any 7,687
version of a proposed rule, amendment, rescission, or part 7,688
thereof that has been invalidated by concurrent resolution. 7,689
Unless the house of representatives and senate adopt a 7,691
concurrent resolution invalidating a proposed rule, amendment, 7,692
rescission, or part thereof within the time specified by this 7,693
division, the rule-making agency may proceed to adopt in 7,694
accordance with division (D) of this section, or to file in 7,695
accordance with division (B)(1) of section 111.15 of the Revised 7,696
Code, the latest version of the proposed rule, amendment, or 7,697
rescission as filed with the joint committee. If by concurrent 7,698
resolution certain of the rules, amendments, rescissions, or 7,699
parts thereof are specifically invalidated, the rule-making 7,700
agency may proceed to adopt, in accordance with division (D) of 7,701
this section, or to file in accordance with division (B)(1) of 7,702
section 111.15 of the Revised Code, the latest version of the 7,703
proposed rules, amendments, rescissions, or parts thereof as 7,704
filed with the joint committee that are not specifically 7,705
invalidated. The rule-making agency may not revise or amend any 7,706
proposed rule, amendment, rescission, or part thereof that has 7,707
not been invalidated except as provided in this chapter or in 7,708
section 111.15 of the Revised Code. 7,709
(2)(a) A proposed rule, amendment, or rescission that is 7,711
filed with the joint committee under division (H) of this section 7,712
or division (D) of section 111.15 of the Revised Code shall be 7,713
carried over for legislative review to the next succeeding 7,714
regular session of the general assembly if the original or any 7,715
revised version of the proposed rule, amendment, or rescission is 7,716
filed with the joint committee on or after the first day of 7,717
December of any year. 7,718
(b) The latest version of any proposed rule, amendment, or 7,720
rescission that is subject to division (I)(2)(a) of this section, 7,721
as filed with the joint committee, is subject to legislative 7,722
review and invalidation in the next succeeding regular session of 7,723
170
the general assembly in the same manner as if it were the 7,724
original version of a proposed rule, amendment, or rescission 7,725
that had been filed with the joint committee for the first time 7,726
on the first day of the session. A rule-making agency shall not 7,727
adopt in accordance with division (D) of this section, or file in 7,728
accordance with division (B)(1) of section 111.15 of the Revised 7,729
Code, any version of a proposed rule, amendment, or rescission 7,730
that is subject to division (I)(2)(a) of this section until the 7,731
time for legislative review and invalidation, as contemplated by 7,732
division (I)(2)(b) of this section, has expired. 7,733
(3) Invalidation of any version of a proposed rule, 7,735
amendment, rescission, or part thereof by concurrent resolution 7,736
shall prevent the rule-making agency from instituting or 7,737
continuing proceedings to adopt any version of the same proposed 7,738
rule, amendment, rescission, or part thereof for the duration of 7,739
the general assembly that invalidated the proposed rule, 7,740
amendment, rescission, or part thereof unless the same general 7,741
assembly adopts a concurrent resolution permitting the 7,742
rule-making agency to institute or continue such proceedings. 7,743
The failure of the general assembly to invalidate a 7,745
proposed rule, amendment, rescission, or part thereof under this 7,746
section shall not be construed as a ratification of the 7,747
lawfulness or reasonableness of the proposed rule, amendment, 7,748
rescission, or any part thereof or of the validity of the 7,749
procedure by which the proposed rule, amendment, rescission, or 7,750
any part thereof was proposed or adopted. 7,751
(4) In lieu of recommending a concurrent resolution to 7,753
invalidate a proposed rule, amendment, rescission, or part 7,754
thereof because the rule-making agency has failed to prepare a 7,755
complete and accurate fiscal analysis, the joint committee on 7,756
agency rule review may issue, on a one-time basis, for rules, 7,757
amendments, rescissions, or parts thereof that have a fiscal 7,758
effect on school districts, counties, townships, or municipal 7,759
corporations, a finding that the rule summary and fiscal analysis 7,761
171
is incomplete or inaccurate and order the rule-making agency to 7,762
revise the rule summary and fiscal analysis and refile it with 7,763
the proposed rule, amendment, rescission, or part thereof. If an 7,764
emergency rule is filed as a nonemergency rule before the end of 7,765
the ninetieth day of the emergency rule's effectiveness, and the 7,766
joint committee issues a finding and orders the rule-making 7,767
agency to refile under division (I)(4) of this section, the 7,768
governor may also issue an order stating that the emergency rule 7,770
shall remain in effect for an additional sixty days after the 7,771
ninetieth day of the emergency rule's effectiveness. The 7,772
governor's orders shall be filed in accordance with division (F) 7,774
of this section. The joint committee shall send in both print 7,775
and electronic form to the rule-making agency, the secretary of 7,776
state, and the director of the legislative service commission a 7,777
certified text of the finding and order to revise the rule 7,779
summary and fiscal analysis, which shall take immediate effect. 7,780
An order issued under division (I)(4) of this section shall 7,783
prevent the rule-making agency from instituting or continuing 7,784
proceedings to adopt any version of the proposed rule, amendment, 7,785
rescission, or part thereof until the rule-making agency revises 7,786
the rule summary and fiscal analysis and refiles it in both print 7,787
and electronic form with the joint committee along with the 7,788
proposed rule, amendment, rescission, or part thereof. If the 7,789
joint committee finds the rule summary and fiscal analysis to be 7,790
complete and accurate, the joint committee shall issue a new 7,791
order noting that the rule-making agency has revised and refiled 7,792
a complete and accurate rule summary and fiscal analysis. The 7,793
joint committee shall send in both print and electronic form to 7,794
the rule-making agency, the secretary of state, and the director 7,796
of the legislative service commission a certified text of this 7,797
new order. The secretary of state and the director of the 7,799
legislative service commission shall each attach and link this 7,800
order to the proposed rule, amendment, rescission, or part 7,801
thereof. The rule-making agency may then proceed to adopt in 7,802
172
accordance with division (D) of this section, or to file in 7,803
accordance with division (B)(1) of section 111.15 of the Revised 7,804
Code, the proposed rule, amendment, rescission, or part thereof 7,805
that was subject to the finding and order under division (I)(4) 7,806
of this section. If the joint committee determines that the 7,807
revised rule summary and fiscal analysis is still inaccurate or 7,808
incomplete, the joint committee shall recommend the adoption of a 7,809
concurrent resolution in accordance with division (I)(1) of this 7,810
section.
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL 7,813
APRIL 1, 2002.
Section 4. That all existing versions of section 119.03 of 7,815
the Revised Code are hereby repealed. 7,816
Section 5. Sections 3 and 4 of this act take effect April 7,818
1, 2001.
Section 6. That the version of section 119.03 of the 7,820
Revised Code, as scheduled to take effect on April 1, 2002, be 7,821
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 7,830
any rule, an agency shall comply with the following procedure: 7,831
(A) Reasonable public notice shall be given in the 7,833
register of Ohio at least thirty days prior to the date set for a 7,835
hearing, in the form the agency determines. The agency shall 7,836
file copies of the public notice under division (B) of this 7,837
section. (The agency gives public notice in the register of Ohio 7,838
when the public notice is published in the register under that 7,839
division.)
The public notice shall include: 7,842
(1) A statement of the agency's intention to consider 7,844
adopting, amending, or rescinding a rule; 7,845
(2) A synopsis of the proposed rule, amendment, or rule to 7,847
be rescinded or a general statement of the subject matter to 7,848
which the proposed rule, amendment, or rescission relates; 7,849
(3) A statement of the reason or purpose for adopting, 7,851
173
amending, or rescinding the rule; 7,852
(4) The date, time, and place of a hearing on the proposed 7,854
action, which shall be not earlier than the thirty-first nor 7,856
later than the fortieth day after the proposed rule, amendment, 7,858
or rescission is filed under division (B) of this section. 7,859
In addition to public notice given in the register of Ohio, 7,862
the agency may give whatever other notice it reasonably considers 7,864
necessary to ensure notice constructively is given to all persons 7,865
who are subject to or affected by the proposed rule, amendment, 7,866
or rescission.
The agency shall provide a copy of the public notice 7,869
required under division (A) of this section to any person who 7,870
requests it and pays a reasonable fee, not to exceed the cost of 7,871
copying and mailing. 7,872
(B) The full text of the proposed rule, amendment, or rule 7,875
to be rescinded, accompanied by the public notice required under 7,876
division (A) of this section, shall be filed in electronic form 7,877
with the secretary of state and with the director of the 7,880
legislative service commission. (If in compliance with this 7,881
division an agency files more than one proposed rule, amendment, 7,882
or rescission at the same time, and has prepared a public notice 7,883
under division (A) of this section that applies to more than one 7,886
of the proposed rules, amendments, or rescissions, the agency 7,887
shall file only one notice with the secretary of state and with 7,889
the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule, 7,890
amendment, or rescission and public notice shall be filed as 7,891
required by this division at least sixty-five days prior to the 7,892
date on which the agency, in accordance with division (D) of this 7,893
section, issues an order adopting the proposed rule, amendment, 7,894
or rescission. 7,895
The proposed rule, amendment, or rescission shall be 7,898
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 7,899
174
form without charge to any person affected by the proposal. 7,900
Failure to furnish such text to any person requesting it shall 7,901
not invalidate any action of the agency in connection therewith. 7,902
If the agency files a substantive revision in the text of 7,904
the proposed rule, amendment, or rescission under division (H) of 7,905
this section, it shall also promptly file the full text of the 7,907
proposed rule, amendment, or rescission in its revised form in 7,908
electronic form with the secretary of state and with the director 7,910
of the legislative service commission.
The agency shall file the rule summary and fiscal analysis 7,914
prepared under section 121.24 or 127.18 of the Revised Code, or 7,915
both, in electronic form along with a proposed rule, amendment, 7,917
or rescission or proposed rule, amendment, or rescission in 7,920
revised form that is filed with the secretary of state or the
director of the legislative service commission. 7,921
The director of the legislative service commission shall 7,923
publish in the register of Ohio the full text of the original and 7,925
each revised version of a proposed rule, amendment, or 7,926
rescission; the full text of a public notice; and the full text 7,928
of a rule summary and fiscal analysis that is filed with the 7,929
director under this division.
(C) On the date and at the time and place designated in 7,931
the notice, the agency shall conduct a public hearing at which 7,932
any person affected by the proposed action of the agency may 7,933
appear and be heard in person, by the person's attorney, or both, 7,935
may present the person's position, arguments, or contentions, 7,936
orally or in writing, offer and examine witnesses, and present 7,938
evidence tending to show that the proposed rule, amendment, or 7,939
rescission, if adopted or effectuated, will be unreasonable or 7,940
unlawful. An agency may permit persons affected by the proposed 7,941
rule, amendment, or rescission to present their positions, 7,942
arguments, or contentions in writing, not only at the hearing, 7,943
but also for a reasonable period before, after, or both before 7,944
and after the hearing. A person who presents a position or 7,945
175
arguments or contentions in writing before or after the hearing 7,946
is not required to appear at the hearing. 7,947
At the hearing, the testimony shall be recorded. Such 7,949
record shall be made at the expense of the agency. The agency is 7,952
required to transcribe a record that is not sight readable only 7,953
if a person requests transcription of all or part of the record 7,954
and agrees to reimburse the agency for the costs of the 7,955
transcription. An agency may require the person to pay in 7,956
advance all or part of the cost of the transcription. 7,957
In any hearing under this section the agency may administer 7,959
oaths or affirmations. 7,960
(D) After complying with divisions (A), (B), (C), and (H) 7,963
of this section, and when the time for legislative review and 7,964
invalidation under division (I) of this section has expired, the 7,965
agency may issue an order adopting the proposed rule or the 7,966
proposed amendment or rescission of the rule, consistent with the 7,967
synopsis or general statement included in the public notice. At 7,968
that time the agency shall designate the effective date of the 7,969
rule, amendment, or rescission, which shall not be earlier than 7,970
the tenth day after the rule, amendment, or rescission has been 7,971
filed in its final form as provided in section 119.04 of the 7,972
Revised Code. 7,973
(E) Prior to the effective date of a rule, amendment, or 7,975
rescission, the agency shall make a reasonable effort to inform 7,976
those affected by the rule, amendment, or rescission and to have 7,977
available for distribution to those requesting it the full text 7,978
of the rule as adopted or as amended. 7,979
(F) If the governor, upon the request of an agency, 7,981
determines that an emergency requires the immediate adoption, 7,982
amendment, or rescission of a rule, the governor shall issue an 7,984
order, the text of which shall be filed in electronic form with 7,985
the agency, the secretary of state, the director of the 7,986
legislative service commission, and the joint committee on agency 7,987
rule review, that the procedure prescribed by this section with 7,988
176
respect to the adoption, amendment, or rescission of a specified 7,989
rule is suspended. The agency may then adopt immediately the 7,990
emergency rule, amendment, or rescission and it becomes effective 7,991
on the date the rule, amendment, or rescission, in final form and 7,992
in compliance with division (A)(2) of section 119.04 of the 7,993
Revised Code, are filed in electronic form with the secretary of 7,996
state, the director of the legislative service commission, and 7,997
the joint committee on agency rule review. If all filings are 7,998
not completed on the same day, the emergency rule, amendment, or 7,999
rescission shall be effective on the day on which the latest 8,000
filing is completed. The director shall publish the full text 8,001
of the emergency rule, amendment, or rescission in the register 8,002
of Ohio.
The emergency rule, amendment, or rescission shall become 8,005
invalid at the end of the ninetieth day it is in effect. Prior 8,006
to that date the agency may adopt the emergency rule, amendment, 8,007
or rescission as a nonemergency rule, amendment, or rescission by 8,008
complying with the procedure prescribed by this section for the 8,009
adoption, amendment, and rescission of nonemergency rules. The 8,010
agency shall not use the procedure of this division to readopt 8,011
the emergency rule, amendment, or rescission so that, upon the 8,012
emergency rule, amendment, or rescission becoming invalid under 8,013
this division, the emergency rule, amendment, or rescission will 8,014
continue in effect without interruption for another ninety-day 8,015
period.
This division does not apply to the adoption of any 8,017
emergency rule, amendment, or rescission by the tax commissioner 8,018
under division (C)(2) of section 5117.02 of the Revised Code. 8,019
(G) Rules adopted by an authority within the department of 8,021
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 8,022
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 8,023
DEPARTMENT of employment services TAXATION shall be effective 8,025
without a hearing as provided by this section if the statutes 8,026
pertaining to such agency specifically give a right of appeal to 8,027
177
the board of tax appeals or to a higher authority within the 8,028
agency or to a court, and also give the appellant a right to a 8,029
hearing on such appeal. This division does not apply to the 8,030
adoption of any rule, amendment, or rescission by the tax 8,031
commissioner under division (C)(1) or (2) of section 5117.02 of 8,032
the Revised Code, or deny the right to file an action for 8,033
declaratory judgment as provided in Chapter 2721. of the Revised 8,034
Code from the decision of the board of tax appeals or of the 8,035
higher authority within such agency. 8,036
(H) When any agency files a proposed rule, amendment, or 8,038
rescission under division (B) of this section, it shall also file 8,039
in electronic form with the joint committee on agency rule review 8,041
the full text of the proposed rule, amendment, or rule to be 8,042
rescinded in the same form and the public notice required under 8,044
division (A) of this section. (If in compliance with this 8,045
division an agency files more than one proposed rule, amendment, 8,046
or rescission at the same time, and has given a public notice 8,047
under division (A) of this section that applies to more than one 8,048
of the proposed rules, amendments, or rescissions, the agency 8,049
shall file only one notice with the joint committee for all of 8,050
the proposed rules, amendments, or rescissions to which the 8,051
notice applies.) If the agency makes a substantive revision in a 8,052
proposed rule, amendment, or rescission after it is filed with 8,053
the joint committee, the agency shall promptly file the full text 8,054
of the proposed rule, amendment, or rescission in its revised 8,055
form in electronic form with the joint committee. The latest 8,058
version of a proposed rule, amendment, or rescission as filed 8,059
with the joint committee supersedes each earlier version of the 8,060
text of the same proposed rule, amendment, or rescission. An 8,061
agency shall file the rule summary and fiscal analysis prepared 8,062
under section 121.24 or 127.18 of the Revised Code, or both, in 8,064
electronic form along with a proposed rule, amendment, or 8,066
rescission, and along with a proposed rule, amendment, or 8,067
rescission in revised form, that is filed under this division. 8,068
178
This division does not apply to: 8,070
(1) An emergency rule, amendment, or rescission; 8,072
(2) Any proposed rule, amendment, or rescission that must 8,074
be adopted verbatim by an agency pursuant to federal law or rule, 8,075
to become effective within sixty days of adoption, in order to 8,076
continue the operation of a federally reimbursed program in this 8,077
state, so long as the proposed rule contains both of the 8,078
following: 8,079
(a) A statement that it is proposed for the purpose of 8,081
complying with a federal law or rule; 8,082
(b) A citation to the federal law or rule that requires 8,084
verbatim compliance. 8,085
If a rule or amendment is exempt from legislative review 8,087
under division (H)(2) of this section, and if the federal law or 8,088
rule pursuant to which the rule or amendment was adopted expires, 8,089
is repealed or rescinded, or otherwise terminates, the rule or 8,090
amendment, or its rescission, is thereafter subject to 8,091
legislative review under division (H) of this section. 8,092
(I)(1) The joint committee on agency rule review may 8,094
recommend the adoption of a concurrent resolution invalidating a 8,095
proposed rule, amendment, rescission, or part thereof if it finds 8,096
any of the following: 8,097
(a) That the rule-making agency has exceeded the scope of 8,099
its statutory authority in proposing the rule, amendment, or 8,100
rescission; 8,101
(b) That the proposed rule, amendment, or rescission 8,103
conflicts with another rule, amendment, or rescission adopted by 8,104
the same or a different rule-making agency; 8,105
(c) That the proposed rule, amendment, or rescission 8,107
conflicts with the legislative intent in enacting the statute 8,108
under which the rule-making agency proposed the rule, amendment, 8,109
or rescission; 8,110
(d) That the rule-making agency has failed to prepare a 8,112
complete and accurate rule summary and fiscal analysis of the 8,113
179
proposed rule, amendment, or rescission as required by section 8,114
121.24 or 127.18 of the Revised Code, or both. 8,115
The joint committee shall not hold its public hearing on a 8,117
proposed rule, amendment, or rescission earlier than the 8,118
forty-first day after the original version of the proposed rule, 8,119
amendment, or rescission was filed with the joint committee. 8,120
The house of representatives and senate may adopt a 8,122
concurrent resolution invalidating a proposed rule, amendment, 8,123
rescission, or part thereof. The concurrent resolution shall 8,124
state which of the specific rules, amendments, rescissions, or 8,125
parts thereof are invalidated. A concurrent resolution 8,126
invalidating a proposed rule, amendment, or rescission shall be 8,127
adopted not later than the sixty-fifth day after the original 8,129
version of the text of the proposed rule, amendment, or 8,130
rescission is filed with the joint committee, except that if more 8,131
than thirty-five days after the original version is filed the 8,132
rule-making agency either files a revised version of the text of 8,133
the proposed rule, amendment, or rescission, or revises the rule 8,134
summary and fiscal analysis in accordance with division (I)(4) of 8,135
this section, a concurrent resolution invalidating the proposed 8,136
rule, amendment, or rescission shall be adopted not later than 8,137
the thirtieth day after the revised version of the proposed rule 8,139
or rule summary and fiscal analysis is filed. If, after the 8,140
joint committee on agency rule review recommends the adoption of 8,141
a concurrent resolution invalidating a proposed rule, amendment, 8,142
rescission, or part thereof, the house of representatives or 8,143
senate does not, within the time remaining for adoption of the 8,144
concurrent resolution, hold five floor sessions at which its 8,145
journal records a roll call vote disclosing a sufficient number 8,146
of members in attendance to pass a bill, the time within which 8,147
that house may adopt the concurrent resolution is extended until 8,148
it has held five such floor sessions. 8,149
Within five days after the adoption of a concurrent 8,151
resolution invalidating a proposed rule, amendment, rescission, 8,152
180
or part thereof, the clerk of the senate shall send the 8,153
rule-making agency, the secretary of state, and the director of 8,154
the legislative service commission in electronic form a certified 8,156
text of the resolution together with a certification stating the 8,157
date on which the resolution takes effect. The secretary of 8,158
state and the director of the legislative service commission 8,159
shall each note the invalidity of the proposed rule, amendment, 8,160
rescission, or part thereof, and shall each remove the invalid 8,162
proposed rule, amendment, rescission, or part thereof from the 8,163
file of proposed rules. The rule-making agency shall not proceed 8,164
to adopt in accordance with division (D) of this section, or to 8,165
file in accordance with division (B)(1) of section 111.15 of the 8,166
Revised Code, any version of a proposed rule, amendment, 8,167
rescission, or part thereof that has been invalidated by 8,168
concurrent resolution. 8,169
Unless the house of representatives and senate adopt a 8,171
concurrent resolution invalidating a proposed rule, amendment, 8,172
rescission, or part thereof within the time specified by this 8,173
division, the rule-making agency may proceed to adopt in 8,174
accordance with division (D) of this section, or to file in 8,175
accordance with division (B)(1) of section 111.15 of the Revised 8,176
Code, the latest version of the proposed rule, amendment, or 8,177
rescission as filed with the joint committee. If by concurrent 8,178
resolution certain of the rules, amendments, rescissions, or 8,179
parts thereof are specifically invalidated, the rule-making 8,180
agency may proceed to adopt, in accordance with division (D) of 8,181
this section, or to file in accordance with division (B)(1) of 8,182
section 111.15 of the Revised Code, the latest version of the 8,183
proposed rules, amendments, rescissions, or parts thereof as 8,184
filed with the joint committee that are not specifically 8,185
invalidated. The rule-making agency may not revise or amend any 8,186
proposed rule, amendment, rescission, or part thereof that has 8,187
not been invalidated except as provided in this chapter or in 8,188
section 111.15 of the Revised Code. 8,189
181
(2)(a) A proposed rule, amendment, or rescission that is 8,191
filed with the joint committee under division (H) of this section 8,192
or division (D) of section 111.15 of the Revised Code shall be 8,193
carried over for legislative review to the next succeeding 8,194
regular session of the general assembly if the original or any 8,195
revised version of the proposed rule, amendment, or rescission is 8,196
filed with the joint committee on or after the first day of 8,197
December of any year. 8,198
(b) The latest version of any proposed rule, amendment, or 8,200
rescission that is subject to division (I)(2)(a) of this section, 8,201
as filed with the joint committee, is subject to legislative 8,202
review and invalidation in the next succeeding regular session of 8,203
the general assembly in the same manner as if it were the 8,204
original version of a proposed rule, amendment, or rescission 8,205
that had been filed with the joint committee for the first time 8,206
on the first day of the session. A rule-making agency shall not 8,207
adopt in accordance with division (D) of this section, or file in 8,208
accordance with division (B)(1) of section 111.15 of the Revised 8,209
Code, any version of a proposed rule, amendment, or rescission 8,210
that is subject to division (I)(2)(a) of this section until the 8,211
time for legislative review and invalidation, as contemplated by 8,212
division (I)(2)(b) of this section, has expired. 8,213
(3) Invalidation of any version of a proposed rule, 8,215
amendment, rescission, or part thereof by concurrent resolution 8,216
shall prevent the rule-making agency from instituting or 8,217
continuing proceedings to adopt any version of the same proposed 8,218
rule, amendment, rescission, or part thereof for the duration of 8,219
the general assembly that invalidated the proposed rule, 8,220
amendment, rescission, or part thereof unless the same general 8,221
assembly adopts a concurrent resolution permitting the 8,222
rule-making agency to institute or continue such proceedings. 8,223
The failure of the general assembly to invalidate a 8,225
proposed rule, amendment, rescission, or part thereof under this 8,226
section shall not be construed as a ratification of the 8,227
182
lawfulness or reasonableness of the proposed rule, amendment, 8,228
rescission, or any part thereof or of the validity of the 8,229
procedure by which the proposed rule, amendment, rescission, or 8,230
any part thereof was proposed or adopted. 8,231
(4) In lieu of recommending a concurrent resolution to 8,233
invalidate a proposed rule, amendment, rescission, or part 8,234
thereof because the rule-making agency has failed to prepare a 8,235
complete and accurate fiscal analysis, the joint committee on 8,236
agency rule review may issue, on a one-time basis, for rules, 8,237
amendments, rescissions, or parts thereof that have a fiscal 8,238
effect on school districts, counties, townships, or municipal 8,239
corporations, a finding that the rule summary and fiscal analysis 8,241
is incomplete or inaccurate and order the rule-making agency to 8,242
revise the rule summary and fiscal analysis and refile it with 8,243
the proposed rule, amendment, rescission, or part thereof. If an 8,244
emergency rule is filed as a nonemergency rule before the end of 8,245
the ninetieth day of the emergency rule's effectiveness, and the 8,246
joint committee issues a finding and orders the rule-making 8,247
agency to refile under division (I)(4) of this section, the 8,248
governor may also issue an order stating that the emergency rule 8,249
shall remain in effect for an additional sixty days after the 8,250
ninetieth day of the emergency rule's effectiveness. The 8,251
governor's orders shall be filed in accordance with division (F) 8,252
of this section. The joint committee shall send in electronic 8,254
form to the rule-making agency, the secretary of state, and the 8,256
director of the legislative service commission a certified text 8,257
of the finding and order to revise the rule summary and fiscal 8,258
analysis, which shall take immediate effect. 8,259
An order issued under division (I)(4) of this section shall 8,262
prevent the rule-making agency from instituting or continuing 8,263
proceedings to adopt any version of the proposed rule, amendment, 8,264
rescission, or part thereof until the rule-making agency revises 8,265
the rule summary and fiscal analysis and refiles it in electronic 8,267
form with the joint committee along with the proposed rule, 8,268
183
amendment, rescission, or part thereof. If the joint committee 8,269
finds the rule summary and fiscal analysis to be complete and 8,270
accurate, the joint committee shall issue a new order noting that 8,272
the rule-making agency has revised and refiled a complete and 8,273
accurate rule summary and fiscal analysis. The joint committee 8,274
shall send in electronic form to the rule-making agency, the 8,276
secretary of state, and the director of the legislative service 8,277
commission a certified text of this new order. The secretary of 8,278
state and the director of the legislative service commission 8,279
shall each link this order to the proposed rule, amendment, 8,281
rescission, or part thereof. The rule-making agency may then 8,282
proceed to adopt in accordance with division (D) of this section, 8,283
or to file in accordance with division (B)(1) of section 111.15 8,284
of the Revised Code, the proposed rule, amendment, rescission, or 8,285
part thereof that was subject to the finding and order under
division (I)(4) of this section. If the joint committee 8,287
determines that the revised rule summary and fiscal analysis is 8,288
still inaccurate or incomplete, the joint committee shall 8,289
recommend the adoption of a concurrent resolution in accordance 8,290
with division (I)(1) of this section.
Section 7. That all existing versions of section 119.03 of 8,292
the Revised Code are hereby repealed. 8,293
Section 8. Sections 6 and 7 of this act take effect April 8,295
1, 2002.
Section 9. Except as otherwise specifically provided in 8,297
this act, the codified and uncodified items of law contained in 8,298
this act are subject to the referendum. Therefore, under Ohio 8,299
Constitution, Article II, Section 1c and section 1.471 of the 8,300
Revised Code, and except as otherwise specified in this act, the 8,301
codified and uncodified items of law contained in this act take
effect on the ninety-first day after the act is filed with the 8,302
Secretary of State. If, however, a referendum petition is filed 8,303
against a codified or uncodified item of law contained in this 8,304
act, the item of law, unless rejected at the referendum, takes 8,305
184
effect at the earliest time permitted by law.
Section 10. Sections 1 and 2 of this act, other than 8,307
sections 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 8,308
307.987, 307.988, 307.989, 329.04, 329.05, 330.01, 330.02, 8,309
330.03, 330.07, 763.01, 763.02, 763.05, 763.07, 5101.21, 8,310
5101.211, 5101.213, 5101.214, 5101.22, 5101.23, 5101.24, 6301.01, 8,311
6301.02, 6301.03, 6301.04, 6301.05, 6301.06, 6301.07, and 6301.08 8,312
of the Revised Code as amended or enacted by this act, shall take 8,313
effect July 1, 2000. 8,314
Section 11. Notwithstanding sections 4117.08 and 4117.10 8,316
of the Revised Code, the renaming of the Department of Human 8,318
Services as the Department of Job and Family Services and the 8,319
reassignment of the functions and duties of the Bureau of
Employment Services by this act are not appropriate subjects for 8,320
collective bargaining under Chapter 4117. of the Revised Code. 8,321
Section 12. On July 1, 2000: 8,323
(A) The Bureau of Employment Services shall cease to 8,325
exist. Employees of the Bureau of Employment Services are hereby 8,327
transferred to the Department of Job and Family Services or the 8,328
Department of Commerce, as appropriate. The vehicles and
equipment assigned to the employees are transferred to the 8,329
Department of Job and Family Services or the Department of 8,330
Commerce, as appropriate. 8,331
(B) The assets, liabilities, other equipment not provided 8,333
for, and records, irrespective of form or medium, of the Bureau 8,334
of Employment Services are transferred to the Department of Job 8,335
and Family Services or the Department of Commerce, as 8,336
appropriate. The Department of Job and Family Services and the 8,337
Department of Commerce are successors to, assume the obligations 8,338
of, and otherwise constitute the continuation of, the Bureau of 8,339
Employment Services. 8,340
(C) Business commenced but not completed by the 8,342
Administrator or the Bureau of Employment Services on July 1, 8,343
2000, shall be completed by the Director or Department of Job and 8,345
185
Family Services or the Director or Department of Commerce, as
appropriate, in the same manner, and with the same effect, as if 8,346
completed by the Administrator or Bureau of Employment Services. 8,347
No validation, cure, right, privilege, remedy, obligation, or 8,348
liability is lost or impaired by reason of the transfer required 8,349
by this section but shall be administered by the Director or 8,350
Department of Job and Family Services or the Director or 8,351
Department of Commerce, as appropriate. 8,352
(D) The rules, orders, and determinations pertaining to 8,354
the Bureau of Employment Services continue in effect as rules, 8,355
orders, and determinations of the Department of Job and Family 8,356
Services or the Department of Commerce, as appropriate, until 8,357
modified or rescinded by those Departments. 8,358
(E) No judicial or administrative action or proceeding 8,360
pending on July 1, 2000, is affected by the transfer of functions 8,362
from the Administrator or Bureau of Employment Services to the 8,363
Director or Department of Job and Family Services or the Director 8,364
or Department of Commerce, and shall be prosecuted or defended in 8,365
the name of the Director or Department of Job and Family Services 8,366
or the Director or Department of Commerce, as appropriate. On 8,367
application to the court or other tribunal, the Director or 8,368
Department of Job and Family Services or the Director or 8,369
Department of Commerce, whichever is appropriate, shall be
substituted as a party in such actions and proceedings. 8,370
(F) When the Administrator or Bureau of Employment 8,372
Services is referred to in any statute, rule, contract, grant, or 8,373
other document, the reference is hereby deemed to refer to the 8,374
Director or Department of Job and Family Services or the Director 8,375
or Department of Commerce, as appropriate. 8,376
Section 13. Effective July 1, 2000: 8,378
(A) No person shall disclose any information that was 8,380
maintained by the former Administrator of the Bureau of 8,381
Employment Services or furnished to the former Administrator by 8,382
employers or employees pursuant to Chapter 4141. of the Revised 8,383
186
Code, unless disclosure is permitted under section 4141.21 of the 8,384
Revised Code.
(B) No person who was in the employ of the former 8,386
Administrator of the Bureau of Employment Services shall divulge 8,387
to any person information maintained by or furnished to the 8,388
former Administrator under Chapter 4141. of the Revised Code and 8,389
secured by the person while so employed, in respect to the 8,390
transactions, property, business, or mechanical, chemical, or 8,391
other industrial process of any person, firm, corporation, 8,392
association, or partnership to any person other than the Director 8,393
of Job and Family Services.
(C) Whoever violates this section shall be disqualified 8,395
from holding any appointment or employment by the Department of 8,396
Job and Family Services or a county family services agency as 8,397
defined in section 307.981 of the Revised Code or workforce 8,398
development agency as defined in section 6301.01 of the Revised 8,399
Code.
Section 14. Nothing in this act shall be construed as 8,401
diminishing program responsibilities or altering benefits 8,402
administration for veterans. It is the intent of the General 8,403
Assembly that, beginning July 1, 2000, the Department of Job and 8,404
Family Services administer federally funded employment and 8,405
training programs consistent with the principles outlined in 8,406
section 5903.11 of the Revised Code and applicable federal law. 8,407
Section 15. Effective July 1, 2000, the functions the 8,409
Bureau of Employment Services performs under a grant agreement 8,410
with the United States Department of Labor pursuant to sections 8,411
21(c) and 7(c)(1) of the "Occupational Safety and Health Act of 8,412
1970," 84 Stat. 1590, 29 U.S.C.A. 651, are assigned to the 8,413
Department of Commerce.
Section 16. Effective July 1, 2000, except as provided in 8,415
Section 15 of this act, the functions the Bureau of Employment 8,416
Services performs under a grant agreement with the United States 8,417
Department of Labor are assigned to the Department of Job and 8,418
187
Family Services. 8,419
Section 17. On and after July 1, 2000, if necessary to 8,421
ensure the integrity of the numbering of the Administrative Code, 8,422
the Director of the Legislative Service Commission shall renumber 8,423
the rules of the Bureau of Employment Services and the Department 8,424
of Human Services to reflect their transfer to the Department of 8,425
Job and Family Services and the Department of Commerce. 8,426
Section 18. On and after July 1, 2000, in addition to the 8,428
positions described in division (A)(26) of section 124.11 of the 8,429
Revised Code, the Director of Job and Family Services may appoint 8,430
up to five additional positions to the unclassified service that 8,431
the Director determines to be involved in policy development and 8,432
implementation. These additional positions shall expire no later 8,433
than June 30, 2002. 8,434
Section 19. During the period beginning July 1, 2000, and 8,436
ending June 30, 2002, the Director of Job and Family Services has 8,437
the authority to establish, change, and abolish positions for the 8,438
Department of Job and Family Services, and to assign, reassign, 8,439
classify, reclassify, transfer, reduce, promote, or demote all 8,440
employees of the Department of Job and Family Services who are 8,441
not subject to Chapter 4117. of the Revised Code. 8,442
This authority includes assigning or reassigning an exempt 8,444
employee, as defined in section 124.152 of the Revised Code, to a 8,445
bargaining unit classification if the Director determines that 8,446
the bargaining unit classification is the proper classification 8,447
for that employee. The Director's actions shall be consistent 8,448
with the requirements of 5 C.F.R. 900.603 for those employees 8,449
subject to such requirements. If an employee in the E-1 pay 8,450
range is to be assigned, reassigned, classified, reclassified, 8,451
transferred, reduced, or demoted to a position in a lower 8,452
classification during the period specified in this section, the 8,453
Director, or in the case of a transfer outside the Department, 8,454
the Director of Administrative Services, shall assign the 8,455
employee to the appropriate classification and place the employee 8,456
188
in Step X. The employee shall not receive any increase in 8,457
compensation until the maximum rate of pay for that 8,458
classification exceeds the employee's compensation. 8,459
Actions taken by the Director of Job and Family Services or 8,461
the Director of Administrative Services pursuant to this section 8,462
are not subject to appeal to the State Personnel Board of Review. 8,463
Section 20. Until July 1, 2000, whenever the following 8,465
sections of the Revised Code, as amended or enacted by this act, 8,466
refer to the Director or Department of Job and Family Services, 8,467
the county department of job and family services, or the family 8,468
services planning committee, the reference is deemed to refer to 8,469
the Administrator or Bureau of Employment Services, Director or 8,470
Department of Human Services, the county department of human 8,471
services, or the human services planning committee, respectively: 8,472
307.981, 307.985, 307.986, 329.04, 329.05, 330.02, 5101.21, 8,473
5101.211, 5101.213, 5101.214, 5101.22, 5101.23, 5101.24, 6301.02, 8,474
6301.03, 6301.04, 6301.05, 6301.06, and 6301.08. A reference in 8,475
those sections to the Director or Department of Job and Family 8,476
Services that concerns a family services duty, as defined in 8,477
section 307.981 of the Revised Code, is deemed to refer to the 8,478
Director or Department of Human Services. A reference in those 8,479
sections to the Director or Department of Job and Family Services 8,480
that concerns a workforce development activity, as defined in 8,481
section 6301.01 of the Revised Code, is deemed to refer to the 8,482
Administrator or Bureau of Employment Services.
Section 21. The Director of Human Services and the 8,484
Administrator of the Bureau of Employment Services may jointly or 8,485
separately enter into one or more contracts with private or 8,486
government entities for staff training and development to 8,487
facilitate the transfer of the staff and duties of the Bureau of 8,488
Employment Services to the Department of Job and Family Services. 8,489
Division (B) of section 127.16 of the Revised Code does not apply 8,490
to contracts entered into under this section. 8,491
Section 22. The Director of Human Services and the 8,493
189
Administrator of the Bureau of Employment Services, the boards of 8,494
county commissioners, and the chief elected official of municipal 8,495
corporations may enter into negotiations to amend an existing 8,496
partnership agreement or to enter into a new partnership 8,497
agreement consistent with this act. Any such amended or new 8,498
partnership agreement shall be drafted in the name of the 8,499
Department of Job and Family Services. The amended or new 8,500
partnership agreement may be executed before July 1, 2000, if the 8,501
amendment or agreement does not become effective sooner than July 8,502
1, 2000.
Section 23. The Bureau of Employment Services shall enter 8,504
into an interagency agreement with the Department of Commerce to 8,505
implement the transfer of the duties and responsibilities under 8,506
Chapters 4109., 4111. (except for sections 4111.25 to 4111.30 of 8,507
the Revised Code), 4115., and 4167. of the Revised Code. The 8,508
agreement may provide for the transfer of property and records, 8,509
pass-through of federal financial participation, modification of 8,510
any agreements with the United States Department of Labor, and 8,511
any other provisions necessary for the transfer and continued 8,512
administration of program activities. 8,513
Section 24. On and after July 1, 2000, notwithstanding any 8,515
provision of law to the contrary, the Director of Budget and 8,516
Management is authorized to take the actions described in this 8,517
section with respect to budget changes made necessary by 8,518
administrative reorganization, program transfers, the creation of 8,519
new funds, and the consolidation of funds as authorized by this 8,520
act. The Director may make any transfer of cash balances between 8,521
funds. At the request of the Director of Budget and Management, 8,522
the administering agency head shall certify to the Director an 8,523
estimate of the amount of the cash balance to be transferred to 8,524
the receiving fund. The Director may transfer the estimated 8,525
amount when needed to make payments. Not more than thirty days 8,526
after certifying the estimated amount, the administering agency 8,527
head shall certify the final amount to the Director. The 8,528
190
Director shall transfer the difference between any amount 8,529
previously transferred and the certified final amount. The 8,530
Director may cancel encumbrances and re-establish encumbrances or 8,532
parts of encumbrances as needed in fiscal year 2001 in the 8,533
appropriate fund and appropriation line item for the same purpose 8,534
and to the same vendor. As determined by the Director, the 8,535
appropriation authority necessary to re-establish such 8,536
encumbrances in fiscal year 2001 in a different fund or
appropriation line item within an agency or between agencies is 8,537
hereby authorized. The Director shall reduce each year's 8,538
appropriation balances by the amount of the encumbrances canceled 8,539
in their respective funds and appropriation line items. Any 8,540
fiscal year 2000 unencumbered or unallocated appropriation 8,541
balances may be transferred to the appropriate line item to be 8,542
used for the same purposes, as determined by the Director. 8,543
Section 25. Notwithstanding division (D) of section 127.14 8,545
of the Revised Code, except for the General Revenue Fund, the 8,546
Controlling Board may, upon the request of either the Director of 8,547
Budget and Management, or a state agency with the approval of the 8,548
Director of Budget and Management, increase appropriations for 8,549
any fund, as necessary for the various state agencies, to assist 8,550
in paying (1) the costs of increases in employee compensation 8,551
that occur on or after July 1, 2000, pursuant to collective 8,552
bargaining agreements under Chapter 4117. of the Revised Code, 8,553
and (2) the costs of salary increases on or after July 1, 2000, 8,554
for employees who are exempt from collective bargaining that are 8,555
provided under law. Such amounts are hereby appropriated. 8,556
This section is not subject to the referendum and 8,559
therefore, under Ohio Constitution, Article II, Section 1d and 8,560
section 1.471 of the Revised Code, goes into immediate effect
when this act becomes law. 8,561
Section 26. That Section 30 of Am. Sub. H.B. 283 of the 8,563
123rd General Assembly be amended to read as follows: 8,564
"Sec. 30. CEB CONTROLLING BOARD 8,566
191
General Revenue Fund 8,568
GRF 911-401 Emergency 8,571
Purposes/Contingencies$ 6,372,000 $ 6,000,000 8,573
GRF 911-402 Employee Compensation 8,575
Adjustment $ 0 $ 38,000,000 8,577
GRF 911-403 School District 8,579
Financial Planning $ 500,000 $ 500,000 8,581
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 8,585
GRF 911-410 Ohio Veterans' Home $ 250,000 $ 300,000 8,589
GRF 911-419 Foster Caregiver 8,591
Training $ 0 $ 3,000,000 8,593
GRF 911-441 Ballot Advertising 8,595
Costs $ 800,000 $ 800,000 8,597
GRF 911-442 Year 2000 Assistance $ 4,400,000 $ 1,500,000 8,601
TOTAL GRF General Revenue Fund $ 14,322,000 $ 52,100,000 8,604
State Special Revenue Fund Group 8,606
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 8,611
TOTAL SSR State Special 8,612
Revenue Fund Group $ 20,600,000 $ 4,400,000 8,615
TOTAL ALL BUDGET FUND GROUPS $ 34,922,000 $ 56,500,000 8,618
Federal Share 8,621
In transferring appropriations to or from appropriation 8,623
items that have federal shares identified in this act AM. SUB. 8,625
H.B. 283 OF THE 123rd GENERAL ASSEMBLY, the Controlling Board 8,628
shall add or subtract corresponding amounts of federal matching 8,629
funds at the percentages indicated by the state and federal 8,630
division of the appropriations in this act AM. SUB. H.B. 283 OF 8,631
THE 123rd GENERAL ASSEMBLY. Such changes are hereby 8,634
appropriated.
Appropriation Transfers 8,636
In fiscal year 2000, the Controlling Board may transfer to 8,638
the Bureau of Employment Services or to the Department of Human 8,639
Services OR THE DEPARTMENT OF COMMERCE all or part of an 8,641
appropriation that is made to the Department of Job and Family 8,642
192
Services for fiscal year 2001. In fiscal year 2001, the 8,643
Controlling Board may transfer to the Department of Job and 8,644
Family Services OR THE DEPARTMENT OF COMMERCE all or part of any 8,645
balance in an appropriation that is made to the Bureau of 8,646
Employment Services or to the Department of Human Services for 8,647
fiscal year 2000. 8,648
Disaster Assistance 8,650
Pursuant to requests submitted by the Department of Public 8,652
Safety, the Controlling Board may approve transfers from the 8,653
foregoing appropriation item 911-401, Emergency 8,654
Purposes/Contingencies, to a Department of Public Safety General 8,655
Revenue Fund appropriation item to provide funding for assistance 8,656
to political subdivisions made necessary by natural disasters or 8,657
emergencies. Such transfers may be requested and approved prior 8,658
to the occurrence of any specific natural disasters or 8,659
emergencies in order to facilitate the provision of timely 8,660
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 8,661
that meet Controlling Board criteria for assistance. The 8,662
department shall submit a report to the Controlling Board 8,663
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 8,665
The Office of Criminal Justice Services and the Public 8,667
Defender Commission may each request, upon approval of the 8,668
Director of Budget and Management, additional funds from the 8,669
foregoing appropriation item 911-401, Emergency 8,670
Purposes/Contingencies, for costs related to the disturbance that 8,671
occurred on April 11, 1993, at the Southern Ohio Correctional 8,672
Facility in Lucasville, Ohio. 8,673
Project OASIS 8,675
The Office of the Attorney General may request, upon 8,677
approval of the Director of Budget and Management, that the 8,678
Controlling Board release up to $372,000 in fiscal year 2000 from 8,679
the foregoing appropriation item 911-401, Emergency
193
Purposes/Contingencies, to address a funding gap for Project 8,680
OASIS in the event that federal funding for this program is 8,681
insufficient or delayed.
Disaster Services 8,683
The foregoing appropriation item 911-601, Disaster 8,685
Services, shall be used by the Controlling Board, pursuant to 8,687
requests submitted by state agencies, to transfer cash and 8,688
appropriation authority to any fund and appropriation line item 8,689
of the state for the payment of state agency program expenses as 8,691
follows:
(A) The southern Ohio flooding, referred to as 8,694
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 8,698
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 8,700
Natural Resources to be used for statewide flood mitigation 8,701
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 8,703
local governments for costs associated with tornado disaster 8,704
relief in Hamilton and Warren Counties; 8,705
(E) If the Director of Budget and Management determines 8,709
that sufficient funds exist beyond the expected program costs of 8,710
these disasters, other disasters declared by the Governor. 8,712
Of the amount appropriated in fiscal year 2000 for the 8,714
foregoing appropriation item 911-601, Disaster Services, 8,715
$5,000,000 is the unencumbered and unallotted cash balance that 8,716
exists in Fund 5E2 on June 30, 1999. 8,717
Employee Compensation 8,719
Notwithstanding division (D) of section 127.14 and division 8,721
(B) of section 131.35 of the Revised Code, except for the General 8,722
Revenue Fund, the Controlling Board may, upon the request of 8,723
either the Director of Budget and Management, or a state agency 8,724
with the approval of the Director of Budget and Management, 8,725
increase appropriations for any fund, as necessary for the 8,726
194
various state agencies, to assist in paying the costs of 8,727
increases in employee compensation that occur on or after July 1, 8,728
2000, that are provided pursuant to collective bargaining 8,729
agreements under Chapter 4117. of the Revised Code and the costs 8,730
of increased compensation provided for employees that are exempt 8,731
from collective bargaining. 8,732
The Controlling Board may transfer appropriations from the 8,734
foregoing appropriation item 911-402, Employee Compensation 8,735
Adjustment, to the various agencies based on requests submitted 8,736
by the Director of Budget and Management to assist in paying for 8,737
the General Revenue Fund's share of employee compensation 8,738
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 8,739
compensation that are provided to employees that are exempt from 8,740
collective bargaining.
School District Financial Planning 8,742
The foregoing appropriation item 911-403, School District 8,744
Financial Planning, shall be used to pay costs of implementing 8,745
the school district watch and fiscal emergency provisions of 8,746
sections 3316.01 to 3316.08 of the Revised Code, including the 8,747
expenses of the school district financial planning and 8,748
supervision commission. Upon the request of any agency involved 8,749
in implementing the school district watch or fiscal emergency 8,750
provisions, the Controlling Board may transfer all or part of the 8,752
appropriation to the agency.
Mandate Assistance 8,754
(A) The foregoing appropriation item 911-404, Mandate 8,756
Assistance, shall be used to provide financial assistance to 8,757
local units of government, school districts, and fire departments 8,759
for the cost of the following three unfunded state mandates: 8,760
(1) The cost to county prosecutors for prosecuting certain 8,762
felonies that occur on the grounds of state institutions operated 8,764
by the Department of Rehabilitation and Correction and the 8,765
Department of Youth Services;
195
(2) The cost, primarily to small villages and townships, 8,767
of providing firefighter training and equipment or gear; 8,768
(3) The cost to school districts of in-service training 8,770
for child abuse detection. 8,771
(B) The State and Local Government Commission may prepare 8,773
and submit to the Controlling Board one or more requests to 8,774
transfer appropriations from appropriation item 911-404, Mandate 8,775
Assistance, to the state agencies charged with administering the 8,776
state financial assistance to be provided under this section. 8,777
The state agencies charged with this administrative 8,779
responsibility are listed below, as well as the estimated annual 8,780
amounts that the commission may propose be used for each program 8,782
of state financial assistance.
Administering Estimated Annual 8,787
Program Agency Amount 8,790
Prosecution Costs Office of Criminal 8,793
Justice Services $200,000 8,795
Firefighter Training Department of 8,797
Costs Commerce $1,000,000 8,798
Child Abuse Detection Department of 8,800
Training Costs Education $800,000 8,801
(C) Subject to the total amount appropriated in each 8,804
fiscal year for appropriation item 911-404, Mandate Assistance, 8,805
the commission may propose to the Controlling Board that amounts 8,807
smaller or larger than these estimated annual amounts be 8,808
transferred to each program. 8,809
(D) In addition to making the initial transfers requested 8,811
by the commission, the Controlling Board may, if requested by the 8,813
commission, transfer appropriations received by a state agency 8,815
under this section back to appropriation item 911-404, Mandate 8,816
Assistance, or to one or more of the other programs of state 8,817
financial assistance identified under this section. 8,818
(E) It is expected that not all costs incurred by local 8,820
units of government, school districts, and fire departments under 8,821
196
each of the three programs of state financial assistance 8,822
identified under this section will be fully reimbursed by the 8,823
state. Reimbursement levels may vary by program and shall be 8,824
based on: the relationship between the appropriation transfers 8,825
requested by the commission and provided by the Controlling Board 8,826
for each of the programs; the rules and procedures established 8,828
for each program by the commission and the administering state 8,829
agency; and the actual costs incurred by local units of 8,831
government, school districts, and fire departments. 8,832
(F) Each of these programs of state financial assistance 8,834
shall be carried out as follows: 8,835
(1) Prosecution Costs 8,837
(a) Appropriations may be transferred to the Office of 8,839
Criminal Justice Services to cover local prosecution costs for 8,840
aggravated murder, murder, felonies of the first degree, and 8,841
felonies of the second degree that occur on the grounds of 8,842
institutions operated by the Department of Rehabilitation and 8,843
Correction and the Department of Youth Services. 8,844
(b) Upon a delinquency filing in juvenile court or the 8,846
return of an indictment for aggravated murder, murder, or any 8,847
felony of the first or second degree that was committed at a 8,848
Department of Youth Services or a Department of Rehabilitation 8,849
and Correction institution, the affected county may, in 8,850
accordance with rules that the Office of Criminal Justice 8,851
Services shall adopt, apply to the Office of Criminal Justice 8,852
Services for a grant to cover all documented costs that are 8,853
incurred by the county prosecutor's office. 8,854
(c) Twice each year, the Office of Criminal Justice 8,856
Services shall designate counties to receive grants from those 8,858
counties that have submitted one or more applications in 8,859
compliance with the rules that have been adopted by the Office of 8,860
Criminal Justice Services for the receipt of such grants. In 8,861
each year's first round of grant awards, if sufficient 8,862
appropriations have been made, up to a total of $100,000 may be 8,864
197
awarded. In each year's second round of grant awards, the 8,865
remaining appropriations available for this purpose may be 8,866
awarded.
(d) If for a given round of grants there are insufficient 8,868
appropriations to make grant awards to all the eligible counties, 8,870
the first priority shall be given to counties with cases 8,871
involving aggravated murder and murder, second priority shall be 8,872
given to cases involving a felony of the first degree, and third 8,873
priority shall be given to cases involving a felony of the second 8,874
degree. Within these priorities, the grant awards shall be based 8,875
on the order in which the applications were received, except that 8,876
applications for cases involving a felony of the first or second 8,877
degree shall not be considered in more than two consecutive 8,878
rounds of grant awards.
(2) Firefighter Training Costs 8,880
Appropriations may be transferred to the Department of 8,882
Commerce for use as full or partial reimbursement to local units 8,883
of government and fire departments for the cost of firefighter 8,884
training and equipment or gear. In accordance with rules that 8,885
the department shall adopt, a local unit of government or fire 8,886
department may apply to the department for a grant to cover all 8,887
documented costs that are incurred to provide firefighter 8,888
training and equipment or gear. The department shall make grants 8,889
within the limits of the funding provided, with priority given to 8,891
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 8,893
Appropriations may be transferred to the Department of 8,895
Education for disbursement to local school districts as full or 8,896
partial reimbursement for the cost of providing in-service 8,897
training for child abuse detection. In accordance with rules 8,898
that the department shall adopt, a local school district may 8,899
apply to the department for a grant to cover all documented costs 8,900
that are incurred to provide in-service training for child abuse 8,901
detection. The department shall make grants within the limits of 8,902
198
the funding provided. 8,903
Ohio Veterans' Home 8,905
With the approval of the Director of Budget and Management, 8,907
the Ohio Veterans' Home may request that the Controlling Board 8,908
transfer all or part of the foregoing appropriation item 911-410, 8,909
Ohio Veterans' Home, to assist the Ohio Veterans' Home in 8,910
defraying the operating expenses incurred as a result of its role 8,911
in the planning and construction of a second veterans' home. 8,912
Foster Caregiver Training 8,914
Upon the passage of appropriate legislation by the 123rd 8,915
General Assembly, the Department of Job and Family Services shall 8,916
request that the Controlling Board transfer up to $3,000,000 in 8,917
fiscal year 2001 from the foregoing appropriation item 911-419, 8,918
Foster Caregiver Training, for the purpose of establishing a 8,919
program of precertification and continuing training for foster
caregivers. 8,920
Ballot Advertising Costs 8,922
Pursuant to requests submitted by the Ohio Ballot Board, 8,924
the Controlling Board shall approve transfers from the foregoing 8,925
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 8,926
Ballot Board line item in order to reimburse county boards of 8,927
elections for the cost of public notices associated with
statewide ballot initiatives. 8,928
Of the foregoing appropriation item 911-441, Ballot 8,930
Advertising Costs, the Director of Budget and Management shall 8,931
transfer any amounts that are not needed for the purpose of 8,932
reimbursing county boards of elections for the cost of public 8,933
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 8,934
Year 2000 Assistance 8,936
The Department of Administrative Services shall make a 8,938
concerted effort to recover from state agencies its cost of 8,939
providing Year 2000 compliance assistance to state agencies on or 8,940
after July 1, 1999. In instances where such cost recovery 8,941
199
attempts are impractical or unreasonable, the Department of 8,942
Administrative Services may request approval of the Controlling 8,943
Board to transfer appropriations from the foregoing appropriation 8,944
item 911-442, Year 2000 Assistance, to the department in order to 8,945
assist in paying for the costs that it incurs in providing Year 8,946
2000 assistance to state agencies. 8,947
The Director of Budget and Management shall certify to the 8,949
members of the Controlling Board, of the amount appropriated to 8,950
appropriation item 042-900, OBM Y2K Contingency, how much is 8,951
subsequently for deposit to the credit of the General Revenue 8,952
Fund. The Director of Budget and Management shall then increase 8,953
the appropriation authority in the foregoing appropriation item 8,954
911-442, Year 2000 Assistance, by the amount so certified." 8,955
Section 27. That existing Section 30 of Am. Sub. H.B. 283 8,957
of the 123rd General Assembly is hereby repealed. 8,958
Section 28. Section 307.86 of the Revised Code is 8,960
presented in this act as a composite of the section as amended by 8,961
both Am. Sub. H.B. 283 and Sub. S.B. 31 of the 123rd General 8,962
Assembly and by Am. Sub. S.B. 67 of the 122nd General Assembly, 8,963
with the new language of none of the acts shown in capital 8,964
letters. Section 3313.64 of the Revised Code is presented in 8,965
this act as a composite of the section as amended by Am. Sub. 8,967
H.B. 121, Sub. H.B. 238, and Am. Sub. H.B. 281 of the 123rd
General Assembly, with the new language of none of the acts shown 8,969
in capital letters. Section 4141.28 of the Revised Code is 8,970
presented in this act as a composite of the section as amended by 8,971
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 8,972
Assembly, with the new language of neither of the acts shown in 8,973
capital letters. Section 5101.02 of the Revised Code is presented 8,974
in this act as a composite of the section as amended by both Am. 8,976
Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly,
with the new language of neither of the acts shown in capital 8,978
letters. This is in recognition of the principle stated in 8,979
division (B) of section 1.52 of the Revised Code that such 8,980
200
amendments are to be harmonized where not substantively 8,981
irreconcilable and constitutes a legislative finding that such is 8,982
the resulting version in effect prior to the effective date of 8,983
this act.
Section 29. If any item of law that constitutes the whole 8,985
or part of a codified or uncodified section of law contained in 8,986
this act, or if any application of any item of law that 8,987
constitutes the whole or part of a codified or uncodified section 8,988
of law contained in this act, is held invalid, the invalidity 8,989
does not affect other items of law or applications of items of
law that can be given effect without the invalid item of law or 8,990
application. To this end, the items of law of which the codified 8,991
and uncodified sections contained in this act are composed, and 8,992
their applications, are independent and severable. 8,993