As Reported by Joint Select Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 470 5
1999-2000 6
REPRESENTATIVES HARRIS-THOMAS-SENATORS GARDNER-RAY-JOHNSON 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, 5101.80,
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, 329.061, 330.01, 330.02, 23
330.04, 330.05, 330.07, 763.01, 763.02, 763.05,
763.07, 5101.051, 5101.09, 5101.213, 5101.351, 24
5101.47, 5107.80, 6301.01, 6301.02, 6301.03, 25
6301.04, 6301.05, 6301.06, 6301.07, 6301.08,
6301.09, and 6301.10; and to repeal sections 26
4141.02, 4141.03, 4141.05, 4141.057, 4141.12,
4141.15, 4141.16, 4141.161, 4141.163, 4141.44, 27
5101.07, 5101.12, 5101.13, 5101.39, 5101.40, 28
5101.41, 5101.56, 5103.01, 5103.05, 5103.06,
5103.09, 5103.10, 5103.11, 5103.18, and 5103.19 29
of the Revised Code and to amend Section 30 of 30
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Am. Sub. H.B. 283 of the 123rd General Assembly 31
to transfer the functions of the Bureau of
Employment Services to the Department of Job and 32
Family Services and the Department of Commerce, 33
rename the Department of Human Services and the 34
county departments of human services, implement
the federal "Workforce Investment Act of 1998" 35
and make other changes to the law governing job 36
and family services, to maintain the provisions 37
of this act on and after April 1, 2001, by 38
amending the version of section 119.03 of the 39
Revised Code that takes effect on that date, to
maintain the provisions of this act on and after 40
April 1, 2002, by amending the version of section
119.03 of the Revised Code that takes effect on 41
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
5101.80, 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, 329.061, 330.01, 330.02, 330.04, 330.05, 58
330.07, 763.01, 763.02, 763.05, 763.07, 5101.051, 5101.09, 59
5101.213, 5101.351, 5101.47, 5107.80, 6301.01, 6301.02, 6301.03, 60
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6301.04, 6301.05, 6301.06, 6301.07, 6301.08, 6301.09, and 6301.10 61
of the Revised Code be 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 that purchases, leases, 1,142
or otherwise acquires any equipment, materials, goods, supplies, 1,143
or services from any person and fails to make payment for the 1,144
equipment, materials, goods, supplies, or services by the 1,145
required payment date shall pay an interest charge to the person 1,146
in accordance with division (E) of this section, unless the 1,147
amount of the interest charge is less than ten dollars. Except 1,148
as otherwise provided in division (B), (C), or (D) of this 1,150
section, the required payment date shall be the date on which 1,151
payment is due under the terms of a written agreement between the 1,152
state agency and the person or, if a specific payment date is not 1,153
established by such a written agreement, the required payment 1,154
date shall be thirty days after the state agency receives a 1,155
proper invoice for the amount of the payment due. 1,156
28
(B) If the invoice submitted to the state agency contains 1,158
a defect or impropriety, the agency shall send written 1,159
notification to the person within fifteen days after receipt of 1,160
the invoice. The notice shall contain a description of the 1,161
defect or impropriety and any additional information necessary to 1,162
correct the defect or impropriety. If the agency sends such 1,163
written notification to the person, the required payment date 1,164
shall be thirty days after the state agency receives a proper 1,165
invoice. 1,166
(C) In applying this section to claims submitted to the 1,168
department of human JOB AND FAMILY services by providers of 1,169
equipment, materials, goods, supplies, or services, the required 1,170
payment date shall be the date on which payment is due under the 1,171
terms of a written agreement between the department and the 1,172
provider. If a specific payment date is not established by a 1,173
written agreement, the required payment date shall be thirty days 1,174
after the department receives a proper claim. If the department 1,175
determines that the claim is improperly executed or that 1,176
additional evidence of the validity of the claim is required, the 1,177
department shall notify the claimant in writing or by telephone 1,178
within fifteen days after receipt of the claim. The notice shall 1,179
state that the claim is improperly executed and needs correction 1,180
or that additional information is necessary to establish the 1,181
validity of the claim. If the department makes such notification 1,182
to the provider, the required payment date shall be thirty days 1,183
after the department receives the corrected claim or such 1,184
additional information as may be necessary to establish the 1,185
validity of the claim. 1,186
(D) In applying this section to invoices submitted to the 1,188
bureau of workers' compensation for equipment, materials, goods, 1,189
supplies, or services provided to employees in connection with an 1,190
employee's claim against the state insurance fund, the public 1,191
work-relief employees' compensation fund, the coal-workers 1,192
pneumoconiosis fund, or the marine industry fund as compensation 1,193
29
for injuries or occupational disease pursuant to Chapter 4123., 1,194
4127., or 4131. of the Revised Code, the required payment date 1,195
shall be the date on which payment is due under the terms of a 1,196
written agreement between the bureau and the provider. If a 1,197
specific payment date is not established by a written agreement, 1,198
the required payment date shall be thirty days after the bureau 1,199
receives a proper invoice for the amount of the payment due or 1,200
thirty days after the final adjudication allowing payment of an 1,201
award to the employee, whichever is later. Nothing in this 1,202
section shall supersede any faster timetable for payments to 1,203
health care providers contained in sections 4121.44 and 4123.512 1,205
of the Revised Code.
For purposes of this division, a "proper invoice" includes 1,207
the claimant's name, claim number and date of injury, employer's 1,208
name, the provider's name and address, the provider's assigned 1,209
payee number, a description of the equipment, materials, goods, 1,210
supplies, or services provided by the provider to the claimant, 1,211
the date provided, and the amount of the charge. If more than 1,212
one item of equipment, materials, goods, supplies, or services is 1,213
listed by a provider on a single application for payment, each 1,214
item shall be considered separately in determining if it is a 1,215
proper invoice. 1,216
If prior to a final adjudication the bureau determines that 1,218
the invoice contains a defect, the bureau shall notify the 1,219
provider in writing at least fifteen days prior to what would be 1,220
the required payment date if the invoice did not contain a 1,221
defect. The notice shall contain a description of the defect and 1,222
any additional information necessary to correct the defect. If 1,223
the bureau sends a notification to the provider, the required 1,224
payment date shall be redetermined in accordance with this 1,225
division after the bureau receives a proper invoice. 1,226
For purposes of this division, "final adjudication" means 1,228
the later of the date of the decision or other action by the 1,229
bureau, the industrial commission, or a court allowing payment of 1,230
30
the award to the employee from which there is no further right to 1,231
reconsideration or appeal that would require the bureau to 1,232
withhold compensation and benefits, or the date on which the 1,233
rights to reconsideration or appeal have expired without an 1,234
application therefor having been filed or, if later, the date on 1,235
which an application for reconsideration or appeal is withdrawn. 1,236
If after final adjudication, the administrator of the bureau of 1,237
workers' compensation or the industrial commission makes a 1,238
modification with respect to former findings or orders, pursuant 1,239
to Chapter 4123., 4127., or 4131. of the Revised Code or pursuant 1,240
to court order, the adjudication process shall no longer be 1,241
considered final for purposes of determining the required payment 1,242
date for invoices for equipment, materials, goods, supplies, or 1,243
services provided after the date of the modification when the 1,244
propriety of the invoices is affected by the modification. 1,245
(E) The interest charge on amounts due shall be paid to 1,247
the person for the period beginning on the day after the required 1,248
payment date and ending on the day that payment of the amount due 1,249
is made. The amount of the interest charge that remains unpaid 1,250
at the end of any thirty-day period after the required payment 1,251
date, including amounts under ten dollars, shall be added to the 1,252
principal amount of the debt and thereafter the interest charge 1,253
shall accrue on the principal amount of the debt plus the added 1,254
interest charge. The interest charge shall be at the rate per 1,255
calendar month that equals one-twelfth of the rate per annum 1,256
prescribed by section 5703.47 of the Revised Code for the 1,257
calendar year that includes the month for which the interest 1,258
charge accrues. 1,259
(F) No appropriations shall be made for the payment of any 1,261
interest charges required by this section. Any state agency 1,262
required to pay interest charges under this section shall make 1,263
the payments from moneys available for the administration of 1,264
agency programs. 1,265
If a state agency pays interest charges under this section, 1,267
31
but determines that all or part of the interest charges should 1,268
have been paid by another state agency, the state agency that 1,269
paid the interest charges may request the attorney general to 1,270
determine the amount of the interest charges that each state 1,271
agency should have paid under this section. If the attorney 1,272
general determines that the state agency that paid the interest 1,273
charges should have paid none or only a part of the interest 1,274
charges, the attorney general shall notify the state agency that 1,275
paid the interest charges, any other state agency that should 1,276
have paid all or part of the interest charges, and the director 1,277
of budget and management of the attorney general's decision, 1,278
stating the amount of interest charges that each state agency 1,280
should have paid. The director shall transfer from the 1,281
appropriate funds of any other state agency that should have paid 1,282
all or part of the interest charges to the appropriate funds of 1,283
the state agency that paid the interest charges an amount 1,284
necessary to implement the attorney general's decision. 1,285
(G) Not later than forty-five days after the end of each 1,287
fiscal year, each state agency shall file with the director of 1,288
budget and management a detailed report concerning the interest 1,289
charges the agency paid under this section during the previous 1,290
fiscal year. The report shall include the number, amounts, and 1,291
frequency of interest charges the agency incurred during the 1,292
previous fiscal year and the reasons why the interest charges 1,293
were not avoided by payment prior to the required payment date. 1,294
The director shall compile a summary of all the reports submitted 1,295
under this division and shall submit a copy of the summary to the 1,296
president and minority leader of the senate and to the speaker 1,297
and minority leader of the house of representatives no later than 1,298
the thirtieth day of September of each year. 1,299
Sec. 127.16. (A) Upon the request of either a state 1,308
agency or the director of budget and management and after the 1,309
controlling board determines that an emergency or a sufficient 1,310
economic reason exists, the controlling board may approve the 1,312
32
making of a purchase without competitive selection as provided in
division (B) of this section. 1,313
(B) Except as otherwise provided in this section, no state 1,315
agency, using money that has been appropriated to it directly, 1,316
shall: 1,317
(1) Make any purchase from a particular supplier, that 1,319
would amount to fifty thousand dollars or more when combined with 1,320
both the amount of all disbursements to the supplier during the 1,321
fiscal year for purchases made by the agency and the amount of 1,322
all outstanding encumbrances for purchases made by the agency 1,323
from the supplier, unless the purchase is made by competitive 1,324
selection or with the approval of the controlling board; 1,325
(2) Lease real estate from a particular supplier, if the 1,327
lease would amount to seventy-five thousand dollars or more when 1,328
combined with both the amount of all disbursements to the 1,329
supplier during the fiscal year for real estate leases made by 1,330
the agency and the amount of all outstanding encumbrances for 1,331
real estate leases made by the agency from the supplier, unless 1,332
the lease is made by competitive selection or with the approval 1,333
of the controlling board. 1,334
(C) Any person who authorizes a purchase in violation of 1,336
division (B) of this section shall be liable to the state for any 1,337
state funds spent on the purchase, and the attorney general shall 1,338
collect the amount from the person. 1,339
(D) Nothing in division (B) of this section shall be 1,341
construed as: 1,342
(1) A limitation upon the authority of the director of 1,344
transportation as granted in sections 5501.17, 5517.02, and 1,345
5525.14 of the Revised Code; 1,346
(2) Applying to medicaid provider agreements under Chapter 1,348
5111. of the Revised Code or payments or provider agreements 1,351
under disability assistance medical assistance established under 1,352
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,354
33
supplier by a state licensing board under Title XLVII of the 1,355
Revised Code; 1,356
(4) Applying to entertainment contracts for the Ohio state 1,358
fair entered into by the Ohio expositions commission, provided 1,359
that the controlling board has given its approval to the 1,360
commission to enter into such contracts and has approved a total 1,361
budget amount for such contracts as agreed upon by commission 1,362
action, and that the commission causes to be kept itemized 1,363
records of the amounts of money spent under each contract and 1,364
annually files those records with the clerk of the house of 1,366
representatives and the clerk of the senate following the close 1,367
of the fair;
(5) Limiting the authority of the chief of the division of 1,369
mines and reclamation to contract for reclamation work with an 1,370
operator mining adjacent land as provided in section 1513.27 of 1,371
the Revised Code; 1,372
(6) Applying to investment transactions and procedures of 1,374
any state agency, except that the agency shall file with the 1,375
board the name of any person with whom the agency contracts to 1,376
make, broker, service, or otherwise manage its investments, as 1,377
well as the commission, rate, or schedule of charges of such 1,378
person with respect to any investment transactions to be 1,379
undertaken on behalf of the agency. The filing shall be in a 1,380
form and at such times as the board considers appropriate. 1,381
(7) Applying to purchases made with money for the per cent 1,383
for arts program established by section 3379.10 of the Revised 1,384
Code; 1,385
(8) Applying to purchases made by the rehabilitation 1,387
services commission of services, or supplies, that are provided 1,388
to persons with disabilities, or to purchases made by the 1,389
commission in connection with the eligibility determinations it 1,390
makes for applicants of programs administered by the social 1,391
security administration; 1,392
(9) Applying to payments by the department of human JOB 1,394
34
AND FAMILY services under section 5111.13 of the Revised Code for 1,396
group health plan premiums, deductibles, coinsurance, and other 1,397
cost-sharing expenses; 1,398
(10) Applying to any agency of the legislative branch of 1,400
the state government; 1,401
(11) Applying to agreements OR CONTRACTS entered into 1,403
under section 5101.11, 5101.21, or 5101.211 of the Revised Code; 1,404
(12) Applying to purchases of services by the adult parole 1,406
authority under section 2967.14 of the Revised Code or by the 1,407
department of youth services under section 5139.08 of the Revised 1,408
Code; 1,409
(13) Applying to dues or fees paid for membership in an 1,411
organization or association; 1,412
(14) Applying to purchases of utility services pursuant to 1,414
section 9.30 of the Revised Code; 1,415
(15) Applying to purchases made in accordance with rules 1,417
adopted by the department of administrative services of motor 1,418
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,419
such vehicles; 1,420
(16) Applying to purchases of tickets for passenger air 1,422
transportation; 1,423
(17) Applying to purchases necessary to provide public 1,425
notifications required by law or to provide notifications of job 1,426
openings; 1,427
(18) Applying to the judicial branch of state government; 1,429
(19) Applying to purchases of liquor for resale by the 1,431
department or, on and after July 1, 1997, the division of liquor 1,432
control;
(20) Applying to purchases of motor courier and freight 1,434
services made in accordance with department of administrative 1,435
services rules; 1,436
(21) Applying to purchases from the United States postal 1,438
service and purchases of stamps and postal meter replenishment 1,439
from vendors at rates established by the United States postal 1,440
35
service; 1,441
(22) Applying to purchases of books, periodicals, 1,443
pamphlets, newspapers, maintenance subscriptions, and other 1,444
published materials; 1,445
(23) Applying to purchases from other state agencies, 1,447
including state-assisted institutions of higher education; 1,448
(24) Limiting the authority of the director of 1,450
environmental protection to enter into contracts under division 1,451
(D) of section 3745.14 of the Revised Code to conduct compliance 1,452
reviews, as defined in division (A) of that section; 1,453
(25) Applying to purchases from a qualified nonprofit 1,455
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,456
Code; 1,457
(26) Applying to payments by the department of human JOB 1,459
AND FAMILY services to the United States department of health and 1,461
human services for printing and mailing notices pertaining to the 1,462
tax refund offset program of the internal revenue service of the 1,463
United States department of the treasury; 1,464
(27) Applying to contracts entered into by the department 1,466
of mental retardation and developmental disabilities under 1,467
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,468
(28) Applying to payments made by the department of mental 1,470
health under a physician recruitment program authorized by 1,471
section 5119.101 of the Revised Code; 1,472
(29) Applying to contracts entered into with persons by 1,474
the director of commerce for unclaimed funds collection and 1,475
remittance efforts as provided in division (F) of section 169.03 1,477
of the Revised Code. The director shall keep an itemized 1,480
accounting of unclaimed funds collected by those persons and 1,481
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 1,483
higher education in accordance with the terms of a contract 1,485
between the vendor and an inter-university purchasing group 1,486
comprised of purchasing officers of state institutions of higher 1,487
36
education;
(31) Applying to the department of human JOB AND FAMILY 1,489
services' purchases of health assistance services under the 1,491
children's health insurance program part I provided for under 1,492
section 5101.50 of the Revised Code or the children's health 1,493
insurance program part II provided for under section 5101.51 of 1,495
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 1,497
cumulative purchase threshold shall be seventy-five thousand 1,498
dollars for the departments of mental retardation and 1,499
developmental disabilities, mental health, rehabilitation and 1,500
correction, and youth services. 1,501
(F) When determining whether a state agency has reached 1,503
the cumulative purchase thresholds established in divisions 1,504
(B)(1), (B)(2), and (E) of this section, all of the following 1,505
purchases by such agency shall not be considered: 1,506
(1) Purchases made through competitive selection or with 1,508
controlling board approval; 1,509
(2) Purchases listed in division (D) of this section; 1,511
(3) For the purposes of the thresholds of divisions (B)(1) 1,513
and (E) of this section only, leases of real estate. 1,514
(G) As used in this section, "competitive selection," 1,517
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code. 1,518
Sec. 149.01. Each elective state officer, the adjutant 1,527
general, the adult parole authority, the department of 1,528
agriculture, the director of administrative services, the public 1,529
utilities commission, the superintendent of insurance, the 1,530
superintendent of financial institutions, the superintendent of 1,532
purchases and printing, the state commissioner of soldiers' 1,534
claims, the fire marshal, the industrial commission, the 1,535
administrator of workers' compensation, the state department of 1,536
transportation, the department of health, the state medical 1,537
board, the state dental board, the board of embalmers and funeral 1,538
37
directors, the department of human services, the Ohio commission 1,539
for the blind, the accountancy board of Ohio, the state council 1,540
of uniform state laws, the board of commissioners of the sinking 1,542
fund, the department of taxation, the board of tax appeals, the 1,543
clerk of the supreme court, the division of liquor control, the 1,544
director of state armories, the trustees of the Ohio state 1,545
university, and every private or quasi-public institution, 1,546
association, board, or corporation receiving state money for its 1,547
use and purpose shall make annually, at the end of each fiscal 1,548
year, in quadruplicate, a report of the transactions and 1,549
proceedings of that office or department for that fiscal year, 1,550
excepting receipts and disbursements unless otherwise 1,551
specifically required by law. The report shall contain a summary 1,553
of the official acts of the officer, board, council, commission, 1,554
institution, association, or corporation and any suggestions and 1,556
recommendations that are proper. On the first day of August of 1,558
each year, one of the reports shall be filed with the governor, 1,560
one with the secretary of state, and one with the state library, 1,561
and one shall be kept on file in the office of the officer, 1,562
board, council, commission, institution, association, or 1,564
corporation.
Sec. 153.06. After the proceedings required by sections 1,573
153.01 and 153.04 of the Revised Code have been complied with, 1,574
the owner referred to in section 153.01 of the Revised Code shall 1,575
give public notice of the time and place when and where bids will 1,578
be received for performing the labor and furnishing the materials 1,579
of such construction, improvement, alteration, addition, or 1,580
installation, and a contract awarded, except for materials 1,581
manufactured by the state or labor supplied by the A COUNTY 1,582
department of human JOB AND FAMILY services that may enter into 1,583
the same. The form of bid approved by the department of 1,584
administrative services shall be used, and a bid shall be invalid 1,585
and not considered unless such form is used without change, 1,586
alteration, or addition. Bidders may be permitted to bid upon 1,587
38
all the branches of work and materials to be furnished and 1,588
supplied, or upon any thereof, or alternately upon all or any 1,589
thereof.
Sec. 307.86. Anything to be purchased, leased, leased with 1,600
an option or agreement to purchase, or constructed, including, 1,601
but not limited to, any product, structure, construction, 1,602
reconstruction, improvement, maintenance, repair, or service, 1,603
except the services of an accountant, architect, attorney at law, 1,604
physician, professional engineer, construction project manager, 1,605
consultant, surveyor, or appraiser, by or on behalf of the county 1,606
or contracting authority, as defined in section 307.92 of the 1,607
Revised Code, at a cost in excess of fifteen thousand dollars, 1,608
except as otherwise provided in division (D) of section 713.23 1,609
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 1,610
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 1,611
5713.01, and 6137.05 of the Revised Code, shall be obtained 1,612
through competitive bidding. However, competitive bidding is not 1,613
required when any of the following applies: 1,614
(A) The board of county commissioners, by a unanimous vote 1,616
of its members, makes a determination that a real and present 1,617
emergency exists, and that determination and the reasons for it 1,619
are entered in the minutes of the proceedings of the board, when 1,620
either of the following applies: 1,621
(1) The estimated cost is less than fifty thousand 1,623
dollars. 1,624
(2) There is actual physical disaster to structures, radio 1,626
communications equipment, or computers. 1,627
For purposes of this division, "unanimous vote" means all 1,629
three members of a board of county commissioners when all three 1,630
members are present, or two members of the board if only two 1,631
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is 1,633
exempted from competitive bidding under division (A)(1) of this 1,634
section because the estimated cost is less than fifty thousand 1,635
39
dollars, but the estimated cost is fifteen thousand dollars or 1,636
more, the county or contracting authority shall solicit informal 1,637
estimates from no fewer than three persons who could perform the 1,638
contract, before awarding the contract. With regard to each such 1,639
contract, the county or contracting authority shall maintain a 1,640
record of such estimates, including the name of each person from 1,641
whom an estimate is solicited,. THE COUNTY OR CONTRACTING 1,642
AUTHORITY SHALL MAINTAIN THE RECORD for no less than THE LONGER 1,643
OF AT LEAST one year after the contract is awarded OR THE AMOUNT 1,645
OF TIME THE FEDERAL GOVERNMENT REQUIRES. 1,646
(B) The purchase consists of supplies or a replacement or 1,648
supplemental part or parts for a product or equipment owned or 1,649
leased by the county, and the only source of supply for the 1,650
supplies, part, or parts is limited to a single supplier. 1,651
(C) The purchase is from the federal government, the 1,653
state, another county or contracting authority of another county, 1,654
or a board of education, township, or municipal corporation. 1,655
(D) Public social FAMILY services OR WORKFORCE DEVELOPMENT 1,657
ACTIVITIES are purchased for provision by the county department 1,659
of human JOB AND FAMILY services under section 329.04 of the 1,661
Revised Code, or program services, such as direct and ancillary 1,662
client services, child day-care, case management services, 1,663
residential services, and family resource services, are purchased 1,664
for provision by a county board of mental retardation and 1,665
developmental disabilities under section 5126.05 of the Revised 1,666
Code.
(E) The purchase consists of human and social FAMILY 1,668
services OR WORKFORCE DEVELOPMENT ACTIVITIES by the board of 1,670
county commissioners from nonprofit corporations or associations 1,671
under programs that ARE funded entirely by the federal 1,672
government.
(F) The purchase consists of any form of an insurance 1,674
policy or contract authorized to be issued under Title XXXIX of 1,675
the Revised Code or any form of health care plan authorized to be 1,677
40
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 1,679
contracting authority is authorized to purchase, and the 1,680
contracting authority does all of the following: 1,681
(1) Determines that compliance with the requirements of 1,683
this section would increase, rather than decrease, the cost of 1,684
such purchase; 1,685
(2) Employs a competent consultant to assist the 1,687
contracting authority in procuring appropriate coverages at the 1,688
best and lowest prices; 1,689
(3) Requests issuers of such policies, contracts, or plans 1,691
to submit proposals to the contracting authority, in a form 1,692
prescribed by the contracting authority, setting forth the 1,693
coverage and cost of such policies, contracts, or plans as the 1,694
contracting authority desires to purchase; 1,695
(4) Negotiates with such issuers for the purpose of 1,697
purchasing such policies, contracts, or plans at the best and 1,698
lowest price reasonably possible. 1,699
(G) The purchase consists of computer hardware, software, 1,701
or consulting services that are necessary to implement a 1,702
computerized case management automation project administered by 1,703
the Ohio prosecuting attorneys association and funded by a grant 1,704
from the federal government. 1,705
(H) Child day-care services are purchased for provision to 1,707
county employees. 1,708
(I)(1) Property, including land, buildings, and other real 1,710
property, is leased for offices, storage, parking, or other 1,711
purposes, and all of the following apply: 1,712
(a) The contracting authority is authorized by the Revised 1,714
Code to lease the property. 1,715
(b) The contracting authority develops requests for 1,717
proposals for leasing the property, specifying the criteria that 1,718
will be considered prior to leasing the property, including the 1,719
desired size and geographic location of the property. 1,720
41
(c) The contracting authority receives responses from 1,722
prospective lessors with property meeting the criteria specified 1,723
in the requests for proposals by giving notice in a manner 1,724
substantially similar to the procedures established for giving 1,725
notice under section 307.87 of the Revised Code. 1,726
(d) The contracting authority negotiates with the 1,728
prospective lessors to obtain a lease at the best and lowest 1,729
price reasonably possible considering the fair market value of 1,730
the property and any relocation and operational costs that may be 1,731
incurred during the period the lease is in effect. 1,732
(2) The contracting authority may use the services of a 1,734
real estate appraiser to obtain advice, consultations, or other 1,735
recommendations regarding the lease of property under this 1,736
division. 1,737
(J) The purchase is made pursuant to section 5139.34 or 1,739
sections 5139.41 to 5139.46 of the Revised Code and is of 1,740
programs or services that provide case management, treatment, or 1,742
prevention services to any felony or misdemeanant delinquent, 1,743
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, community 1,744
residential care, day treatment, services to children in their 1,745
home, or electronic monitoring. 1,746
(K) The purchase is made by a public children services 1,748
agency pursuant to section 307.92 or 5153.16 of the Revised Code 1,749
and consists of social FAMILY services, programs, or ancillary 1,751
services that provide case management, prevention, or treatment 1,752
services for children at risk of being or alleged to be abused,
neglected, or dependent children. 1,753
Any issuer of policies, contracts, or plans listed in 1,755
division (F) of this section and any prospective lessor under 1,756
division (I) of this section may have the issuer's or prospective 1,757
lessor's contractor's name and address, or the name and address 1,758
of an agent, placed on a special notification list to be kept by 1,760
the contracting authority, by sending the contracting authority 1,761
42
such name and address. The contracting authority shall send 1,762
notice to all persons listed on the special notification list. 1,763
Notices shall state the deadline and place for submitting 1,764
proposals. The contracting authority shall mail the notices at 1,765
least six weeks prior to the deadline set by the contracting 1,766
authority for submitting proposals. Every five years the 1,767
contracting authority may review this list and remove any person 1,768
from the list after mailing the person notification of such 1,769
action.
Any contracting authority that negotiates a contract under 1,771
division (F) of this section shall request proposals and 1,772
renegotiate with issuers in accordance with that division at 1,773
least every three years from the date of the signing of such a 1,774
contract. 1,775
Any consultant employed pursuant to division (F) of this 1,777
section and any real estate appraiser employed pursuant to 1,778
division (I) of this section shall disclose any fees or 1,779
compensation received from any source in connection with that 1,780
employment.
Sec. 307.981. (A)(1) As used in sections 307.981 to 1,790
307.987 of the Revised Code: 1,791
(1)(a) "County social service FAMILY SERVICES agency" 1,794
means all of the following: 1,795
(a)(i) A child support enforcement agency; 1,797
(b)(ii) A county department of human JOB AND FAMILY 1,800
services;
(c)(iii) A public children services agency. 1,802
(2) "Private entity" means any entity other than a 1,804
government entity. 1,805
(3)(b) "Social service FAMILY SERVICES duty" means a duty 1,808
state law requires or allows a county social service FAMILY 1,809
SERVICES agency to assume. 1,810
(2) AS USED IN SECTIONS 307.981 TO 307.989 OF THE REVISED 1,812
CODE, "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT 1,813
43
ENTITY.
(B) To the extent permitted by federal law, INCLUDING 1,815
SUBPART F OF 5 C.F.R. PART 900, and except as provided in SUBJECT 1,818
TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, INCLUDING 1,819
division (C)(H) of this section, a board of county commissioners 1,821
may designate any private or government entity WITHIN THIS STATE 1,822
to serve as a ANY OF THE FOLLOWING:
(1) A child support enforcement agency,; 1,824
(2) A county department of human JOB AND FAMILY services,; 1,827
(3) A public children services agency, two; 1,830
(4) A COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AND ONE 1,832
OTHER of those county social service FAMILY SERVICES agencies, or 1,834
all;
(5) ALL three of those county social service FAMILY 1,837
SERVICES agencies;
(6) A WORKFORCE DEVELOPMENT AGENCY; 1,839
(7) A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT 1,841
OF JOB AND FAMILY SERVICES AND ONE OR TWO OF THE OTHER COUNTY 1,842
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 1,854
PARTNERSHIP AGREEMENT BETWEEN THE DIRECTOR AND BOARD OF COUNTY 1,855
COMMISSIONERS UNDER SECTION 5101.21 OF THE REVISED CODE, THE 1,856
DIRECTOR MAY REQUIRE THAT THE DIRECTOR AND BOARD AMEND THE 1,857
PARTNERSHIP AGREEMENT AND THAT THE BOARD PROVIDE THE DIRECTOR 1,858
ASSURANCES THAT THE NEWLY DESIGNATED PRIVATE OR GOVERNMENT ENTITY 1,859
WILL MEET OR EXCEED ALL REQUIREMENTS OF THE FAMILY SERVICES 1,860
DUTIES OR WORKFORCE DEVELOPMENT ACTIVITIES THE ENTITY IS TO 1,861
ASSUME.
(E) NOT less than sixty days before a board OF COUNTY 1,864
44
COMMISSIONERS designates an entity under DIVISION (B) OR (C) OF 1,866
this section, the board shall notify the state department 1,867
DIRECTOR of human JOB AND FAMILY services and publish notice in a 1,868
newspaper of general circulation in the county of the board's 1,870
intention to make the designation and reasons for the 1,871
designation.
(F) A board of county commissioners shall enter into a 1,873
written contract with each entity it designates under DIVISION 1,874
(B) OR (C) OF this section specifying the entity's 1,876
responsibilities and standards the entity is required to meet. 1,877
(G) This section does not require a board of county 1,879
commissioners to abolish the child support enforcement agency, 1,880
county department of human JOB AND FAMILY services, or public 1,881
children services agency serving the county on the effective date 1,883
of this section OCTOBER 1, 1997, and designate a different 1,884
private or government entity to serve as the county's child 1,886
support enforcement agency, county department of human JOB AND 1,887
FAMILY services, or public children services agency. 1,889
(C)(H) If a county children services board appointed under 1,892
section 5153.03 of the Revised Code serves as a public children 1,895
services agency for a county, the board of county commissioners 1,896
may not redesignate the public children services agency unless 1,897
the board of county commissioners does all of the following: 1,898
(1) Notifies the county children services board of its 1,900
intent to redesignate the public children services agency. In 1,901
its notification, the board of county commissioners shall provide 1,902
the county children services board a written explanation of the 1,903
administrative, fiscal, or performance considerations causing the 1,904
board of county commissioners to seek to redesignate the public 1,905
children services agency.
(2) Provides the county children services board an 1,907
opportunity to comment on the proposed redesignation before the 1,908
redesignation occurs; 1,909
(3) If the county children services board, not more than 1,911
45
sixty days after receiving the notice under division (C)(H)(1) of 1,913
this section, notifies the board of county commissioners that the 1,914
county children services board has voted to oppose the 1,915
redesignation, votes unanimously to proceed with the 1,916
redesignation.
Sec. 307.982. (A) To the extent permitted by federal law, 1,925
INCLUDING SUBPART F OF 5 C.F.R. PART 900, and except as provided 1,928
in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, 1,929
INCLUDING division (B) of this section, a board of county 1,931
commissioners may enter into a written contract with a private or 1,932
government entity, including a public or private college or
university whether or not the college or university is located 1,933
within the county, for the entity to perform a social service 1,935
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT ACTIVITY on behalf 1,936
of a county social service FAMILY SERVICES agency OR WORKFORCE 1,938
DEVELOPMENT AGENCY. THE ENTITY WITH WHICH A BOARD CONTRACTS IS 1,939
NOT REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.
(B) A board of county commissioners may not enter into a 1,942
contract under division (A) of this section regarding a social 1,944
service FAMILY SERVICES duty of a public children services agency 1,945
if a county children services board appointed under section 1,946
5153.03 of the Revised Code serves as the public children 1,949
services agency for the county. The county children services 1,950
board may enter into contracts regarding its duties in accordance 1,951
with division (C)(2) of section 5153.16 of the Revised Code. 1,952
Sec. 307.983. Each board of county commissioners shall 1,962
enter into a written plan of cooperation with the county social 1,963
service FAMILY SERVICES agencies AND WORKFORCE DEVELOPMENT AGENCY 1,964
serving the county to enhance the administration of the Ohio 1,966
works first program established under Chapter 5107. of the 1,967
Revised Code; the prevention, retention, and contingency program 1,969
established under Chapter 5108. of the Revised Code; and other 1,970
social service FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 1,972
ACTIVITIES the board and agencies agree to include in the plan. 1,973
46
Other government entities may be included in a plan of 1,974
cooperation. The plan shall specify how the county social 1,975
service FAMILY SERVICES agencies, WORKFORCE DEVELOPMENT AGENCY, 1,976
and other government entities included in the plan are to 1,978
exchange information and coordinate and enhance services and 1,979
assistance to individuals and families.
Sec. 307.984. (A) TO ENHANCE THE ADMINISTRATION, 1,981
DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES DUTIES AND 1,982
WORKFORCE DEVELOPMENT ACTIVITIES, A BOARD OF COUNTY COMMISSIONERS
MAY ENTER INTO ONE OR MORE REGIONAL PLANS OF COOPERATION WITH THE 1,983
FOLLOWING:
(1) ONE OR MORE OTHER BOARDS OF COUNTY COMMISSIONERS; 1,985
(2) THE CHIEF ELECTED OFFICIAL OF ONE OR MORE MUNICIPAL 1,987
CORPORATIONS THAT ARE THE TYPE OF LOCAL AREA DEFINED IN DIVISION 1,988
(A)(1) OF SECTION 6301.01 OF THE REVISED CODE; 1,990
(3) BOTH BOARDS OF COUNTY COMMISSIONERS AND SUCH CHIEF 1,992
ELECTED OFFICIALS. 1,993
(B) A REGIONAL PLAN OF COOPERATION MUST SPECIFY HOW THE 1,995
PRIVATE AND GOVERNMENT ENTITIES INCLUDED IN THE PLAN WILL 1,996
COORDINATE AND ENHANCE THE ADMINISTRATION, DELIVERY, AND 1,997
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 1,998
ACTIVITIES.
Sec. 307.984 307.985. Each board of county commissioners 2,008
shall develop a written transportation work plan that establishes 2,009
policies regarding the transportation needs of low income 2,010
residents of the county seeking or striving to retain employment. 2,011
In developing the transportation work plan, the board shall 2,013
consult with all of the following:
(A) The county department of human JOB AND FAMILY 2,015
services; 2,016
(B) If a regional transit authority created under section 2,019
306.32 of the Revised Code serves the county, the regional 2,020
transit authority; 2,021
(C) If a community action agency, as defined in section 2,024
47
122.66 of the Revised Code, serves the county, the community 2,025
action agency; 2,026
(D) As designated by the board of county commissioners, 2,029
representatives of private non-profit and government entities 2,030
that work with issues related to economic development,
employment, and persons with physical disabilities; 2,031
(E) Other individuals designated by the board of county 2,034
commissioners.
Sec. 307.985 307.986. Each board of county commissioners 2,043
shall establish procedures for providing services to children in 2,045
the county whose families relocate frequently, causing the 2,046
children to transfer to different schools throughout the year. 2,047
The board shall establish the procedures with the county 2,048
department of human JOB AND FAMILY services and either each board 2,049
of education of school districts with territory in the county or 2,051
the education service center or joint educational service center 2,052
serving the county. 2,053
Sec. 307.986 307.987. To the extent federal statutes and 2,063
regulations and state law permit, a partnership agreement entered 2,065
into under section 307.98, a contract entered into under section 2,067
307.981 or 307.982, a plan of cooperation entered into under 2,068
section 307.983, A REGIONAL PLAN OF COOPERATION ENTERED INTO 2,069
UNDER SECTION 307.984, a transportation work plan developed under 2,071
section 307.984 307.985, and procedures established under section 2,073
307.985 307.986 of the Revised Code shall permit the exchange of 2,074
information needed to improve services and assistance to
individuals and families and the protection of children. A 2,075
private or government entity that receives information pursuant 2,076
to an agreement, contract, plan, or procedures is bound by the 2,077
same standards of confidentiality as the entity that provides the 2,079
information.
An agreement, contract, plan, or procedures shall: 2,082
(A) Be coordinated and not conflict with another 2,084
agreement, contract, plan, or procedures or an agreement entered 2,085
48
into under section 329.05 of the Revised Code; 2,087
(B) Prohibit discrimination in hiring and promotion 2,089
against applicants for and participants of the Ohio works first 2,091
program established under Chapter 5107. of the Revised Code and 2,093
the prevention, retention, and contingency program established 2,095
under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and state 2,098
law;
(D) Be adopted by resolution of a board of county 2,100
commissioners; 2,101
(E) Specify how the agreement, contract, plan, or 2,103
procedures may be amended. 2,104
Sec. 307.987 307.988. If a board of county commissioners 2,113
contracts with a religious organization under section 307.981 or 2,115
307.982 of the Revised Code, the religious organization shall 2,117
comply with section 104 of the Personal Responsibility and Work 2,118
Opportunity and Reconciliation Act of 1996 (P.L. 104-193). 2,119
Sec. 329.011. Whenever the county department of welfare 2,129
or, COUNTY DEPARTMENT OF HUMAN SERVICES, county director of 2,130
welfare, OR COUNTY DIRECTOR OF HUMAN SERVICES is referred to or 2,131
designated in THE REVISED CODE OR any rule, contract, or other 2,132
document, the reference or designation shall be deemed to refer 2,133
to the county department of human JOB AND FAMILY services or 2,134
county director of human JOB AND FAMILY services, as the case may 2,136
be.
Sec. 329.04. (A) The county department of human JOB AND 2,145
FAMILY services shall have, exercise, and perform the following 2,147
powers and duties:
(1) Perform any duties assigned by the STATE department of 2,150
human JOB AND FAMILY services regarding the provision of public 2,151
social FAMILY services, including the provision of the following 2,152
services to prevent or reduce economic or personal dependency and 2,154
to strengthen family life:
(a) Services authorized by Title IV-A of the "Social 2,156
49
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 2,158
and known in this state as the Ohio works first program 2,159
established by Chapter 5107. of the Revised Code and the 2,160
prevention, retention, and contingency program established under 2,161
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 2,164
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 2,166
support enforcement agency, services authorized by Title IV-D of 2,167
the "Social Security Act" and provided for by sections 2301.34 to 2,169
2301.44 of the Revised Code. The county department may perform 2,171
the services itself or contract with other government entities, 2,172
and, pursuant to division (C) of section 2301.35 and section 2,173
2301.42 of the Revised Code, private entities, to perform the 2,174
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 2,176
of the Revised Code as required by the state department of human 2,177
JOB AND FAMILY services; 2,178
(3) Administer burials insofar as the administration of 2,180
burials was, prior to September 12, 1947, imposed upon the board 2,181
of county commissioners and if otherwise required by state law; 2,182
(4) Cooperate with state and federal authorities in any 2,184
matter relating to human FAMILY services and to act as the agent 2,185
of such authorities; 2,186
(5) Submit an annual account of its work and expenses to 2,189
the board of county commissioners and to the STATE department of 2,190
human JOB AND FAMILY services at the close of each fiscal year; 2,191
(6) Exercise any powers and duties relating to human 2,194
FAMILY services OR WORKFORCE DEVELOPMENT ACTIVITIES imposed upon 2,195
the county department of human JOB AND FAMILY services by law, by 2,197
resolution of the board of county commissioners, or by order of 2,198
the governor, when authorized by law, to meet emergencies during 2,199
war or peace;
50
(7) Determine the eligibility for medical assistance of 2,201
recipients of aid under Title XVI of the "Social Security Act"; 2,202
(8) If assigned by the STATE director of human JOB AND 2,204
FAMILY services under section 5101.515 of the Revised Code, 2,206
determine applicants' eligibility for health assistance under the 2,207
children's health insurance program part II; 2,208
(9) Enter into a plan of cooperation with the board of 2,210
county commissioners under section 307.983, consult with the 2,212
board in the development of the transportation work plan
developed under section 307.984 307.985, establish with the board 2,213
procedures under section 307.985 307.986 for providing services 2,215
to children whose families relocate frequently, and comply with 2,216
the partnership agreement the board enters into under section
307.98 and contracts the board enters into under sections 307.981 2,218
and 307.982 of the Revised Code that affect the county 2,219
department;
(10) FOR THE PURPOSE OF COMPLYING WITH A PARTNERSHIP 2,221
AGREEMENT THE BOARD OF COUNTY COMMISSIONERS ENTERS INTO UNDER 2,222
SECTION 307.98 OF THE REVISED CODE, EXERCISE THE POWERS AND 2,223
PERFORM THE DUTIES THE PARTNERSHIP AGREEMENT ASSIGNS TO THE
COUNTY DEPARTMENT; 2,224
(11) IF THE COUNTY DEPARTMENT IS DESIGNATED AS THE 2,226
WORKFORCE DEVELOPMENT AGENCY, PROVIDE THE WORKFORCE DEVELOPMENT 2,227
ACTIVITIES SPECIFIED IN THE CONTRACT REQUIRED BY SECTION 330.05 2,228
OF THE REVISED CODE.
(B) The powers and duties of a county department of human 2,230
JOB AND FAMILY services are, and shall be exercised and 2,232
performed, under the control and direction of the board of county 2,233
commissioners. The board may assign to the county department any
power or duty of the board regarding human FAMILY services AND 2,235
WORKFORCE DEVELOPMENT ACTIVITIES. If the new power or duty
necessitates the state department of human JOB AND FAMILY 2,236
services changing its federal cost allocation plan, the county 2,238
department may not implement the power or duty unless the United 2,239
51
States department of health and human services approves the
changes. 2,240
Sec. 329.05. The county department of human JOB AND FAMILY 2,249
services may administer or assist in administering any state or 2,251
local human FAMILY services activity in addition to those 2,254
mentioned in section 329.04 of the Revised Code, supported wholly 2,255
or in part by public funds from any source provided by agreement 2,256
between the board of county commissioners and the officer, 2,257
department, board, or agency in which the administration of such 2,258
activity is vested. Such officer, department, board, or agency 2,259
may enter into such agreement and confer upon the county 2,260
department of human JOB AND FAMILY services, to the extent and in 2,262
particulars specified in the agreement, the performance of any 2,263
duties and the exercise of any powers imposed upon or vested in 2,264
such officer, board, department, or agency, with respect to the 2,265
administration of such activity. Such agreement shall be in the 2,266
form of a resolution of the board of county commissioners, 2,267
accepted in writing by the other party to the agreement, and 2,268
filed in the office of the county auditor, and when so filed, 2,269
shall have the effect of transferring the exercise of the powers 2,270
and duties to which the agreement relates and shall exempt the 2,271
other party from all further responsibility for the exercise of 2,272
the powers and duties so transferred, during the life of the 2,273
agreement.
Such agreement shall be coordinated and not conflict with a 2,275
partnership agreement entered into under section 307.98, a 2,276
contract entered into under section 307.981 or 307.982, A plan of 2,277
cooperation entered into under section 307.983, A REGIONAL PLAN 2,279
OF COOPERATION ENTERED INTO UNDER SECTION 307.984, a 2,280
transportation work plan developed under section 307.984 307.985, 2,282
or procedures for providing services to children whose families 2,284
relocate frequently established under section 307.985 307.986 of 2,285
the Revised Code. It may be revoked at the option of either 2,286
party, by a resolution or order of the revoking party filed in 2,287
52
the office of the auditor. Such revocation shall become 2,288
effective at the end of the fiscal year occurring at least six 2,289
months following the filing of the resolution or order. In the 2,290
absence of such an express revocation so filed, the agreement 2,291
shall continue indefinitely. 2,292
This section does not permit a county department of human 2,294
JOB AND FAMILY services to manage or control county or district 2,296
tuberculosis or other hospitals, humane societies, detention 2,297
homes, jails or probation departments of courts, or veterans 2,298
service commissions.
Sec. 329.06. (A) Except as provided in division (C) of 2,308
this section AND SECTION 6301.08 OF THE REVISED CODE, the board
of county commissioners shall establish a county human FAMILY 2,310
services planning committee. The board shall appoint a member to 2,311
represent the county department of human JOB AND FAMILY services; 2,312
an employee in the classified civil service of the county 2,314
department of human JOB AND FAMILY services, if there are any 2,315
such employees; and a member to represent the public. The board 2,316
shall appoint other individuals to the committee in such a manner 2,317
that the committee's membership is broadly representative of the 2,318
groups of individuals and the public and private entities that 2,319
have an interest in the social FAMILY services provided in the 2,320
county. The board shall make appointments in a manner that 2,322
reflects the ethnic and racial composition of the county. The 2,323
following groups and entities may be represented on the
committee: 2,324
(1) Consumers of social FAMILY services; 2,326
(2) The public children services agency; 2,328
(3) The child support enforcement agency; 2,330
(4) The county family and children first council; 2,332
(5) Public and private colleges and universities; 2,334
(6) Public entities that provide social FAMILY services, 2,336
including boards of health, boards of education, the county board 2,338
of mental retardation and developmental disabilities, and the 2,339
53
board of alcohol, drug addiction, and mental health services that 2,340
serves the county;
(7) Private nonprofit and for-profit entities that provide 2,343
social FAMILY services in the county or that advocate for 2,344
consumers of social FAMILY services in the county, including 2,345
entities that provide services to or advocate for victims of 2,347
domestic violence;
(8) Labor organizations; 2,349
(9) Any other group or entity that has an interest in the 2,351
social FAMILY services provided in the county, including groups 2,352
or entities that represent any of the county's business, urban, 2,354
and rural sectors. 2,355
(B) The county human FAMILY services planning committee 2,358
shall do all of the following: 2,359
(1) Serve as an advisory body to the board of county 2,361
commissioners with regard to the social FAMILY services provided 2,362
in the county, including assistance under Chapters 5107. and 2,365
5108. of the Revised Code, publicly funded child day-care under 2,368
Chapter 5104. of the Revised Code, and social services provided 2,371
under section 5101.46 of the Revised Code; 2,373
(2) At least once a year, review and analyze the county 2,375
department of human JOB AND FAMILY services' implementation of 2,376
the programs established under Chapters 5107. and 5108. of the 2,378
Revised Code. In its review, the committee shall use information 2,380
available to it to examine all of the following: 2,381
(a) Return of assistance groups to participation in either 2,384
program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants; 2,386
(c) The other types of assistance the programs' 2,388
participants receive, including medical assistance under Chapter 2,389
5111. of the Revised Code, publicly funded child day-care under 2,391
Chapter 5104. of the Revised Code, food stamp benefits under 2,393
section 5101.54 of the Revised Code, and energy assistance under 2,395
Chapter 5117. of the Revised Code; 2,396
54
(d) Other issues the committee considers appropriate. 2,398
The committee shall make recommendations to the board of 2,400
county commissioners and county department of human JOB AND 2,401
FAMILY services regarding the committee's findings. 2,403
(3) Provide comments and recommendations to the board 2,405
prior to the board's entering into or substantially amending a 2,406
partnership agreement with the director of human JOB AND FAMILY 2,409
services under section 307.98 of the Revised Code; 2,411
(4) Conduct public hearings on proposed county profiles 2,414
for the provision of social services under section 5101.46 of the 2,415
Revised Code; 2,417
(5) At the request of the board, make recommendations and 2,419
provide assistance regarding the social FAMILY services provided 2,420
in the county; 2,422
(6) At any other time the committee considers appropriate, 2,425
consult with the board and make recommendations regarding the 2,426
social FAMILY services provided in the county. The committee's 2,428
recommendations may address the following:
(a) Implementation and administration of social FAMILY 2,431
service programs;
(b) Use of federal, state, and local funds available for 2,434
social FAMILY service programs;
(c) Establishment of goals to be achieved by social FAMILY 2,437
service programs;
(d) Evaluation of the outcomes of social FAMILY service 2,440
programs;
(e) Any other matter the board considers relevant to the 2,443
provision of social FAMILY services.
(C) If there is a committee in existence in a county on 2,446
October 1, 1997, that the board of county commissioners 2,448
determines is capable of fulfilling the responsibilities of a 2,449
county human FAMILY services planning committee, the board may 2,451
designate the committee as the county's human FAMILY services 2,452
planning committee and the committee shall serve in that 2,454
55
capacity.
Sec. 329.061. WHEREVER A COUNTY HUMAN SERVICES PLANNING 2,456
COMMITTEE IS REFERRED TO OR DESIGNATED IN THE REVISED CODE OR ANY 2,457
RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR DESIGNATION 2,458
SHALL BE DEEMED TO REFER TO A COUNTY FAMILY SERVICES PLANNING 2,459
COMMITTEE.
Sec. 330.01. AS USED IN THIS CHAPTER: 2,461
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,463
GOVERNMENT ENTITY. 2,464
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,466
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,467
Sec. 330.02. A COUNTY THAT IS ELIGIBLE TO BE DESIGNATED AS 2,470
A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE "WORKFORCE 2,471
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 2,474
AMENDED, BUT DOES NOT REQUEST SUCH DESIGNATION, MAY ADMINISTER 2,475
AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH 2,476
CHAPTER 6301. OF THE REVISED CODE. A COUNTY THAT ELECTS TO 2,477
ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES UNDER 2,478
CHAPTER 6301. OF THE REVISED CODE SHALL NOT OPERATE AS A LOCAL 2,480
WORKFORCE INVESTMENT AREA PURSUANT TO THE WORKFORCE INVESTMENT 2,481
ACT.
Sec. 330.04. IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE 2,484
REVISED CODE, A COUNTY IS THE TYPE OF LOCAL AREA DEFINED IN 2,485
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE, THE BOARD 2,486
OF COUNTY COMMISSIONERS SERVING THE COUNTY SHALL ADOPT A 2,487
RESOLUTION ESTABLISHING OR DESIGNATING A WORKFORCE DEVELOPMENT
AGENCY TO PROVIDE WORKFORCE DEVELOPMENT ACTIVITIES FOR THE 2,489
COUNTY. THE BOARD SHALL ADOPT THE RESOLUTION NOT LATER THAN JULY 2,490
1, 2000.
THE BOARD MAY ESTABLISH OR DESIGNATE ANY OF THE FOLLOWING 2,492
AS THE WORKFORCE DEVELOPMENT AGENCY: 2,493
(A) THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES; 2,495
(B) A SEPARATE AGENCY UNDER THE DIRECT CONTROL OF THE 2,497
BOARD AND ADMINISTERED BY AN OFFICIAL APPOINTED BY THE BOARD; 2,498
56
(C) AN ENTITY SERVING THE COUNTY ON THE EFFECTIVE DATE OF 2,500
THIS SECTION IN A CAPACITY SIMILAR TO THE CAPACITY IN WHICH A 2,501
WORKFORCE DEVELOPMENT AGENCY IS TO SERVE THE COUNTY ON AND AFTER 2,502
THE EFFECTIVE DATE OF THIS SECTION; 2,503
(D) AN ENTITY LOCATED IN OR OUTSIDE THE COUNTY THAT 2,505
PROVIDES WORKFORCE DEVELOPMENT ACTIVITIES IN THE COUNTY ON THE 2,506
EFFECTIVE DATE OF THIS SECTION; 2,507
(E) ANY PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER 2,509
SECTION 307.981 OF THE REVISED CODE. 2,510
Sec. 330.05. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,512
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,513
COUNTY UNDER SECTION 330.04 OF THE REVISED CODE SHALL ENTER INTO 2,514
A CONTRACT WITH THE AGENCY. THE CONTRACT SHALL SPECIFY THE 2,515
WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY IS TO PROVIDE AND 2,516
ESTABLISH STANDARDS, INCLUDING PERFORMANCE STANDARDS, FOR THE 2,518
AGENCY'S OPERATION. THE CONTRACT ALSO SHALL INCLUDE ANY OTHER 2,519
PROVISIONS THE BOARD CONSIDERS NECESSARY.
Sec. 330.07. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,521
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,522
COUNTY UNDER SECTION 330.04 OF THE REVISED CODE MAY CONTRACT WITH 2,523
ANY GOVERNMENT OR PRIVATE ENTITY TO ENHANCE THE AGENCY'S 2,524
ADMINISTRATION OR THE WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY 2,525
PROVIDES. THE ENTITY WITH WHICH THE BOARD CONTRACTS IS NOT 2,526
REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES. 2,527
Sec. 763.01. AS USED IN THIS CHAPTER: 2,529
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,531
GOVERNMENT ENTITY. 2,532
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,534
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,535
(C) "WORKFORCE INVESTMENT ACT" MEANS THE "WORKFORCE 2,539
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 2,543
AMENDED.
Sec. 763.02. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 2,545
CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY 2,546
57
DESIGNATION AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO 2,547
SECTION 116(a)(2) OR (3) OF THE WORKFORCE INVESTMENT ACT, 29 2,550
U.S.C.A. 2831(a)(2) OR (3), BUT DOES NOT REQUEST THAT THE 2,551
GOVERNOR GRANT THE AUTOMATIC OR TEMPORARY DESIGNATION MAY 2,553
ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN 2,554
ACCORDANCE WITH CHAPTER 6301. OF THE REVISED CODE. A MUNICIPAL 2,555
CORPORATION THAT ELECTS TO ADMINISTER AND ENFORCE WORKFORCE 2,556
DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH CHAPTER 6301. OF THE 2,558
REVISED CODE SHALL NOT OPERATE AS A LOCAL WORKFORCE INVESTMENT 2,560
AREA PURSUANT TO THE WORKFORCE INVESTMENT ACT. 2,561
Sec. 763.05. TO THE EXTENT PERMITTED BY FEDERAL LAW, 2,563
INCLUDING SUBPART F OF 5 C.F.R. PART 900, AND THE REVISED CODE, 2,566
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION THAT, FOR 2,567
THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS THE TYPE OF 2,569
LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE 2,570
REVISED CODE MAY ENTER INTO A WRITTEN CONTRACT WITH A PRIVATE OR 2,572
GOVERNMENT ENTITY, INCLUDING A PUBLIC OR PRIVATE COLLEGE OR 2,573
UNIVERSITY, FOR THE ENTITY TO ACT AS THE MUNICIPAL CORPORATION'S 2,574
WORKFORCE DEVELOPMENT AGENCY. THE ENTITY WITH WHICH THE CHIEF 2,575
ELECTED OFFICIAL CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE 2,576
MUNICIPAL CORPORATION.
Sec. 763.07. TO ENHANCE THE ADMINISTRATION, DELIVERY, AND 2,578
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 2,579
ACTIVITIES, THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION 2,580
THAT, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS 2,582
THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 2,583
6301.01 OF THE REVISED CODE MAY ENTER INTO A REGIONAL PLAN OF 2,584
COOPERATION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS
PURSUANT TO SECTION 307.984 OF THE REVISED CODE. A REGIONAL PLAN 2,586
OF COOPERATION MUST SPECIFY HOW THE PRIVATE AND GOVERNMENT 2,587
ENTITIES SUBJECT TO THE PLAN WILL COORDINATE AND ENHANCE THE
ADMINISTRATION, DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES 2,588
DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES. 2,589
Sec. 2151.011. (A) As used in the Revised Code: 2,598
58
(1) "Juvenile court" means the division of the court of 2,600
common pleas or a juvenile court separately and independently 2,601
created having jurisdiction under this chapter. 2,602
(2) "Juvenile judge" means a judge of a court having 2,604
jurisdiction under this chapter. 2,605
(3) "Private child placing agency" means any association, 2,607
as defined in section 5103.02 of the Revised Code, that is 2,608
certified pursuant to sections SECTION 5103.03 to 5103.05 of the 2,610
Revised Code to accept temporary, permanent, or legal custody of 2,611
children and place the children for either foster care or 2,612
adoption.
(4) "Private noncustodial agency" means any person, 2,614
organization, association, or society certified by the department 2,615
of human JOB AND FAMILY services that does not accept temporary 2,616
or permanent legal custody of children, that is privately 2,618
operated in this state, and that does one or more of the 2,619
following:
(a) Receives and cares for children for two or more 2,621
consecutive weeks; 2,622
(b) Participates in the placement of children in family 2,624
foster homes; 2,625
(c) Provides adoption services in conjunction with a 2,627
public children services agency or private child placing agency. 2,628
(B) As used in this chapter: 2,630
(1) "Adequate parental care" means the provision by a 2,632
child's parent or parents, guardian, or custodian of adequate 2,633
food, clothing, and shelter to ensure the child's health and 2,634
physical safety and the provision by a child's parent or parents 2,635
of specialized services warranted by the child's physical or 2,636
mental needs. 2,637
(2) "Adult" means an individual who is eighteen years of 2,639
age or older. 2,640
(3) "Agreement for temporary custody" means a voluntary 2,642
agreement authorized by section 5103.15 of the Revised Code that 2,644
59
transfers the temporary custody of a child to a public children 2,645
services agency or a private child placing agency. 2,646
(4) "Babysitting care" means care provided for a child 2,648
while the parents, guardian, or legal custodian of the child are 2,649
temporarily away. 2,650
(5) "Certified family foster home" means a family foster 2,652
home operated by persons holding a certificate in force, issued 2,653
under section 5103.03 of the Revised Code. 2,654
(6)(a) "Child" means a person who is under eighteen years 2,657
of age, except as otherwise provided in divisions (B)(6)(b) to 2,658
(f) of this section. 2,659
(b) Subject to division (B)(6)(c) of this section, any 2,662
person who violates a federal or state law or municipal ordinance 2,663
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,664
complaint is filed or the hearing on the complaint is held. 2,665
(c) Any person who, while under eighteen years of age, 2,668
commits an act that would be a felony if committed by an adult 2,669
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 2,670
child in relation to that act. 2,671
(d) Any person whose case is transferred for criminal 2,673
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,674
the Revised Code shall after the transfer be deemed not to be a 2,675
child in the transferred case. 2,676
(e) Subject to division (B)(6)(f) of this section, any 2,679
person whose case is transferred for criminal prosecution 2,680
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,681
Code and who subsequently is convicted of or pleads guilty to a 2,682
felony in that case shall after the transfer be deemed not to be 2,684
a child in any case in which the person is alleged to have 2,686
committed prior to or subsequent to the transfer an act that 2,688
would be an offense if committed by an adult. Division (B)(6)(e) 2,689
of this section applies to a case regardless of whether the prior 2,692
60
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 2,693
the same county in which the case was transferred or in another 2,695
county and regardless of whether the complaint in the case 2,696
involved was filed in the same county in which the case was 2,697
transferred or in another county. Division (B)(6)(e) of this 2,698
section applies to a case that involves an act committed prior to 2,699
the transfer only when the prior act alleged in the case has not 2,700
been disposed of by a juvenile court or trial court. 2,701
(f) Notwithstanding division (B)(6)(e) of this section, if 2,704
a person's case is transferred for criminal prosecution pursuant 2,705
to division (B) or (C) of section 2151.26 of the Revised Code and 2,706
if the person subsequently is convicted of or pleads guilty to a 2,707
felony in that case, thereafter, the person shall be considered a 2,708
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 2,709
committed by an adult: 2,710
(i) For purposes of the filing of a complaint alleging 2,712
that the child is a delinquent child for committing the act that 2,713
would be an offense if committed by an adult; 2,714
(ii) For purposes of the juvenile court conducting a 2,716
hearing under division (B) of section 2151.26 of the Revised Code 2,718
relative to the complaint described in division (B)(6)(f)(i) of 2,719
this section to determine whether division (B)(1) of section 2,720
2151.26 of the Revised Code applies and requires that the case be 2,722
transferred for criminal prosecution to the appropriate court 2,723
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 2,725
center," "part-time child day-care center," "type A family 2,728
day-care home," "certified type B family day-care home," "type B 2,729
home," "administrator of a child day-care center," "administrator 2,731
of a type A family day-care home," "in-home aide," and 2,732
"authorized provider" have the same meanings as in section 2,733
5104.01 of the Revised Code.
61
(8) "Child day-care provider" means an individual who is a 2,736
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 2,737
day-care home, or an in-home aide or an individual who is 2,738
licensed, is regulated, is approved, operates under the direction 2,739
of, or otherwise is certified by the department of human JOB AND 2,740
FAMILY services, department of mental retardation and 2,742
developmental disabilities, or the early childhood programs of 2,743
the department of education. 2,744
(9) "Commit" means to vest custody as ordered by the 2,746
court. 2,747
(10) "Counseling" includes both of the following: 2,749
(a) General counseling services performed by a public 2,752
children services agency or shelter for victims of domestic 2,753
violence to assist a child, a child's parents, and a child's 2,754
siblings in alleviating identified problems that may cause or 2,756
have caused the child to be an abused, neglected, or dependent 2,757
child.
(b) Psychiatric or psychological therapeutic counseling 2,760
services provided to correct or alleviate any mental or emotional 2,762
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 2,764
of the Revised Code to engage in social work or professional 2,765
counseling.
(11) "Custodian" means a person who has legal custody of a 2,767
child or a public children services agency or private child 2,768
placing agency that has permanent, temporary, or legal custody of 2,769
a child. 2,770
(12) "Detention" means the temporary care of children 2,772
pending court adjudication or disposition, or execution of a 2,773
court order, in a public or private facility designed to 2,774
physically restrict the movement and activities of children. 2,775
(13) "Developmental disability" has the same meaning as in 2,778
section 5123.01 of the Revised Code. 2,779
62
(14) "Family foster home" means a private residence in 2,781
which children are received apart from their parents, guardian, 2,782
or legal custodian by an individual for hire, gain, or reward for 2,783
nonsecure care, supervision, or training twenty-four hours a day. 2,784
"Family foster home" does not include babysitting care provided 2,785
for a child in the home of a person other than the home of the 2,786
parents, guardian, or legal custodian of the child. 2,787
(15) "Foster home" means a family home in which any child 2,789
is received apart from the child's parents for care, supervision, 2,790
or training. 2,792
(16) "Guardian" means a person, association, or 2,794
corporation that is granted authority by a probate court pursuant 2,795
to Chapter 2111. of the Revised Code to exercise parental rights 2,796
over a child to the extent provided in the court's order and 2,797
subject to the residual parental rights of the child's parents. 2,798
(17) "Legal custody" means a legal status that vests in 2,800
the custodian the right to have physical care and control of the 2,801
child and to determine where and with whom the child shall live, 2,802
and the right and duty to protect, train, and discipline the 2,804
child and to provide the child with food, shelter, education, and 2,805
medical care, all subject to any residual parental rights, 2,807
privileges, and responsibilities. An individual granted legal 2,808
custody shall exercise the rights and responsibilities personally 2,809
unless otherwise authorized by any section of the Revised Code or 2,810
by the court. 2,811
(18) "Mental illness" and "mentally ill person subject to 2,814
hospitalization by court order" have the same meanings as in 2,815
section 5122.01 of the Revised Code. 2,816
(19) "Mental injury" means any behavioral, cognitive, 2,818
emotional, or mental disorder in a child caused by an act or 2,819
omission that is described in section 2919.22 of the Revised Code 2,820
and is committed by the parent or other person responsible for 2,822
the child's care.
(20) "Mentally retarded person" has the same meaning as in 2,825
63
section 5123.01 of the Revised Code. 2,826
(21) "Nonsecure care, supervision, or training" means 2,828
care, supervision, or training of a child in a facility that does 2,829
not confine or prevent movement of the child within the facility 2,830
or from the facility. 2,831
(22) "Organization" means any institution, public, 2,833
semipublic, or private, and any private association, society, or 2,834
agency located or operating in the state, incorporated or 2,835
unincorporated, having among its functions the furnishing of 2,836
protective services or care for children, or the placement of 2,837
children in foster homes or elsewhere. 2,838
(23) "Out-of-home care" means detention facilities, 2,840
shelter facilities, foster homes, certified foster homes, 2,841
placement in a prospective adoptive home prior to the issuance of 2,842
a final decree of adoption, organizations, certified 2,843
organizations, child day-care centers, type A family day-care 2,844
homes, child day-care provided by type B family day-care home 2,845
providers and by in-home aides, group home providers, group 2,846
homes, institutions, state institutions, residential facilities, 2,847
residential care facilities, residential camps, day camps, 2,848
hospitals, and medical clinics that are responsible for the care, 2,849
physical custody, or control of children. 2,850
(24) "Out-of-home care child abuse" means any of the 2,852
following when committed by a person responsible for the care of 2,853
a child in out-of-home care: 2,854
(a) Engaging in sexual activity with a child in the 2,856
person's care; 2,857
(b) Denial to a child, as a means of punishment, of proper 2,859
or necessary subsistence, education, medical care, or other care 2,860
necessary for a child's health; 2,861
(c) Use of restraint procedures on a child that cause 2,863
injury or pain; 2,864
(d) Administration of prescription drugs or psychotropic 2,866
medication to the child without the written approval and ongoing 2,867
64
supervision of a licensed physician; 2,868
(e) Commission of any act, other than by accidental means, 2,870
that results in any injury to or death of the child in 2,871
out-of-home care or commission of any act by accidental means 2,872
that results in an injury to or death of a child in out-of-home 2,873
care and that is at variance with the history given of the injury 2,874
or death.
(25) "Out-of-home care child neglect" means any of the 2,876
following when committed by a person responsible for the care of 2,877
a child in out-of-home care: 2,878
(a) Failure to provide reasonable supervision according to 2,880
the standards of care appropriate to the age, mental and physical 2,881
condition, or other special needs of the child; 2,882
(b) Failure to provide reasonable supervision according to 2,884
the standards of care appropriate to the age, mental and physical 2,885
condition, or other special needs of the child, that results in 2,886
sexual or physical abuse of the child by any person; 2,887
(c) Failure to develop a process for all of the following: 2,889
(i) Administration of prescription drugs or psychotropic 2,891
drugs for the child; 2,892
(ii) Assuring that the instructions of the licensed 2,894
physician who prescribed a drug for the child are followed; 2,895
(iii) Reporting to the licensed physician who prescribed 2,897
the drug all unfavorable or dangerous side effects from the use 2,898
of the drug. 2,899
(d) Failure to provide proper or necessary subsistence, 2,901
education, medical care, or other individualized care necessary 2,902
for the health or well-being of the child; 2,903
(e) Confinement of the child to a locked room without 2,905
monitoring by staff; 2,906
(f) Failure to provide ongoing security for all 2,908
prescription and nonprescription medication; 2,909
(g) Isolation of a child for a period of time when there 2,911
is substantial risk that the isolation, if continued, will impair 2,912
65
or retard the mental health or physical well-being of the child. 2,913
(26) "Permanent custody" means a legal status that vests 2,915
in a public children services agency or a private child placing 2,916
agency, all parental rights, duties, and obligations, including 2,917
the right to consent to adoption, and divests the natural parents 2,918
or adoptive parents of all parental rights, privileges, and 2,920
obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement" means an order 2,923
of a juvenile court pursuant to which both of the following 2,924
apply:
(a) The court gives legal custody of a child to a public 2,926
children services agency or a private child placing agency 2,927
without the termination of parental rights. 2,928
(b) The order permits the agency to make an appropriate 2,930
placement of the child and to enter into a written agreement with 2,933
a foster care provider or with another person or agency with whom 2,934
the child is placed.
(28) "Permanent surrender" means the act of the parents 2,936
or, if a child has only one parent, of the parent of a child, by 2,937
a voluntary agreement authorized by section 5103.15 of the 2,939
Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing 2,940
agency. 2,941
(29) "Person responsible for a child's care in out-of-home 2,943
care" means any of the following: 2,944
(a) Any foster parent, in-home aide, or provider; 2,946
(b) Any administrator, employee, or agent of any of the 2,948
following: a public or private detention facility; shelter 2,949
facility; organization; certified organization; child day-care 2,950
center; type A family day-care home; certified type B family 2,951
day-care home; group home; institution; state institution; 2,952
residential facility; residential care facility; residential 2,953
camp; day camp; hospital; or medical clinic; 2,954
(c) Any other person who performs a similar function with 2,956
66
respect to, or has a similar relationship to, children. 2,957
(30) "Physically impaired" means having one or more of the 2,960
following conditions that substantially limit one or more of an 2,961
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 2,962
self-direction:
(a) A substantial impairment of vision, speech, or 2,964
hearing;
(b) A congenital orthopedic impairment; 2,966
(c) An orthopedic impairment caused by disease, rheumatic 2,969
fever or any other similar chronic or acute health problem, or 2,970
amputation or another similar cause.
(31) "Placement for adoption" means the arrangement by a 2,972
public children services agency or a private child placing agency 2,973
with a person for the care and adoption by that person of a child 2,974
of whom the agency has permanent custody. 2,975
(32) "Placement in foster care" means the arrangement by a 2,978
public children services agency or a private child placing agency 2,979
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. 2,980
(33) "Practice of social work" and "practice of 2,982
professional counseling" have the same meanings as in section 2,983
4757.01 of the Revised Code. 2,984
(34) "Probation" means a legal status created by court 2,986
order following an adjudication that a child is a delinquent 2,987
child, a juvenile traffic offender, or an unruly child, whereby 2,988
the child is permitted to remain in the parent's, guardian's, or 2,989
custodian's home subject to supervision, or under the supervision 2,990
of any agency designated by the court and returned to the court 2,991
for violation of probation at any time during the period of 2,992
probation. 2,993
(35) "Protective supervision" means an order of 2,995
disposition pursuant to which the court permits an abused, 2,996
neglected, dependent, unruly, or delinquent child or a juvenile 2,997
67
traffic offender to remain in the custody of the child's parents, 2,998
guardian, or custodian and stay in the child's home, subject to 2,999
any conditions and limitations upon the child, the child's 3,001
parents, guardian, or custodian, or any other person that the 3,003
court prescribes, including supervision as directed by the court 3,004
for the protection of the child. 3,005
(36) "Psychiatrist" has the same meaning as in section 3,007
5122.01 of the Revised Code. 3,008
(37) "Psychologist" has the same meaning as in section 3,010
4732.01 of the Revised Code. 3,011
(38) "Residential camp" means a program in which the care, 3,013
physical custody, or control of children is accepted overnight 3,015
for recreational or recreational and educational purposes. 3,016
(39) "Residential care facility" means an institution, 3,018
residence, or facility that is licensed by the department of 3,019
mental health under section 5119.22 of the Revised Code and that 3,020
provides care for a child. 3,021
(40) "Residential facility" means a home or facility that 3,023
is licensed by the department of mental retardation and 3,024
developmental disabilities under section 5123.19 of the Revised 3,025
Code and in which a child with a developmental disability 3,026
resides. 3,027
(41) "Residual parental rights, privileges, and 3,029
responsibilities" means those rights, privileges, and 3,030
responsibilities remaining with the natural parent after the 3,031
transfer of legal custody of the child, including, but not 3,032
necessarily limited to, the privilege of reasonable visitation, 3,033
consent to adoption, the privilege to determine the child's 3,034
religious affiliation, and the responsibility for support. 3,035
(42) "Secure correctional facility" means a facility under 3,038
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 3,039
children and used for the placement of children after 3,040
adjudication and disposition.
68
(43) "Sexual activity" has the same meaning as in section 3,042
2907.01 of the Revised Code. 3,043
(44) "Shelter" means the temporary care of children in 3,045
physically unrestricted facilities pending court adjudication or 3,046
disposition. 3,047
(45) "Shelter for victims of domestic violence" has the 3,049
same meaning as in section 3113.33 of the Revised Code. 3,050
(46) "Temporary custody" means legal custody of a child 3,052
who is removed from the child's home, which custody may be 3,053
terminated at any time at the discretion of the court or, if the 3,055
legal custody is granted in an agreement for temporary custody, 3,056
by the person who executed the agreement. 3,057
(C) For the purposes of this chapter, a child shall be 3,059
presumed abandoned when the parents of the child have failed to 3,060
visit or maintain contact with the child for more than ninety 3,061
days, regardless of whether the parents resume contact with the 3,062
child after that period of ninety days. 3,063
Sec. 2301.357. (A) Each child support enforcement agency 3,072
shall adopt a paternity compliance plan, establish a paternity 3,073
compliance unit, and submit the adopted plan to the division of 3,074
support of the department of human JOB AND FAMILY services in 3,075
accordance with the rules adopted pursuant to section 5101.324 of 3,077
the Revised Code, except that, if a child support enforcement 3,078
agency submitted a corrective action plan to the department 3,079
pursuant to division (B)(C)(1) of section 5101.24 of the Revised 3,081
Code and if that plan is currently in effect, the agency is not 3,082
required to comply with this division. 3,083
(B) The department of human JOB AND FAMILY services shall 3,085
enter into a contract with local hospitals for the provision of 3,088
staff by the hospitals to meet with unmarried women who give 3,089
birth in or en route to the particular hospital. The contract 3,090
between the department of human JOB AND FAMILY services and a 3,091
local hospital shall require all of the following: 3,093
(1) That the hospital provide a staff person to meet with 3,096
69
each unmarried mother who gave birth in or en route to the 3,097
hospital within twenty-four hours of the birth or before the 3,098
mother is released from the hospital; 3,099
(2) That the staff person attempt to meet with the father 3,101
of the unmarried mother's child if possible; 3,102
(3) That the staff person explain to the unmarried mother 3,104
and the father, if he is present, the benefit to the child of 3,105
establishing a parent and child relationship between the father 3,106
and the child and the various proper procedures for establishing 3,107
a parent and child relationship; 3,108
(4) That the staff person present to the unmarried mother 3,110
and, if possible, the father the pamphlet or statement regarding 3,112
the rights and responsibilities of a natural parent that is 3,113
prepared and provided by the department of human JOB AND FAMILY 3,114
services pursuant to section 5101.324 of the Revised Code; 3,116
(5) That the staff person provide the mother and, if 3,118
possible, the father, all forms and statements necessary to 3,120
voluntarily establish a parent and child relationship, including, 3,121
but not limited to, the acknowledgment of paternity affidavit 3,122
prepared by the department of human JOB AND FAMILY services 3,123
pursuant to section 5101.324 of the Revised Code and required by 3,124
section 5101.314 of the Revised Code; 3,125
(6) That the staff person, at the request of both the 3,127
mother and father, help the mother and father complete any form 3,128
or statement necessary to establish a parent and child 3,129
relationship; 3,130
(7) That the hospital provide a notary public to notarize 3,132
an acknowledgment of paternity affidavit signed by the mother and 3,133
father; 3,134
(8) That the staff person present to an unmarried mother 3,136
who is not participating in the Ohio works first program 3,137
established under Chapter 5107. or receiving medical assistance 3,138
under Chapter 5111. of the Revised Code an application for Title 3,140
IV-D services;
70
(9) That the staff person forward any completed 3,142
acknowledgment of paternity, no later than ten days after it is 3,143
completed, to the division of child support in the department of 3,144
human JOB AND FAMILY services; 3,145
(10) That the department of human JOB AND FAMILY services 3,147
pay the hospital twenty dollars for every correctly signed and 3,149
notarized acknowledgment of paternity affidavit from the 3,150
hospital.
On or before April 1, 1998, each hospital shall enter into 3,153
a contract with the department of human JOB AND FAMILY services 3,154
pursuant to this section regarding the duties imposed by this 3,156
section and section 3727.17 of the Revised Code concerning 3,157
paternity establishment. A hospital that fails to enter into a 3,158
contract shall not receive the fee from the department for 3,159
correctly signed and notarized affidavits submitted by the 3,160
hospital. 3,161
(C) Not later than July 1, 1998, and the first day of each 3,165
July thereafter, the department of human JOB AND FAMILY services 3,166
shall complete a report on the hospitals that have not entered 3,168
into contracts described in this section. The department shall 3,169
submit the report to the chairperson and ranking minority member 3,170
of the committees of the house of representatives and senate with 3,171
primary responsibility for issues concerning paternity 3,172
establishment.
(D) If the hospital knows or determines that a man is 3,174
presumed under section 3111.03 of the Revised Code to be the 3,176
father of the child described in this section, the hospital shall 3,177
take no further action with regard to an acknowledgment and shall 3,178
not send an acknowledgment to the division. 3,179
Sec. 2705.02. A person guilty of any of the following acts 3,188
may be punished as for a contempt: 3,189
(A) Disobedience of, or resistance to, a lawful writ, 3,191
process, order, rule, judgment, or command of a court or officer; 3,192
(B) Misbehavior of an officer of the court in the 3,194
71
performance of official duties, or in official transactions; 3,196
(C) A failure to obey a subpoena duly served, or a refusal 3,198
to be sworn or to answer as a witness, when lawfully required; 3,199
(D) The rescue, or attempted rescue, of a person or of 3,201
property in the custody of an officer by virtue of an order or 3,202
process of court held by the officer; 3,203
(E) A failure upon the part of a person recognized to 3,205
appear as a witness in a court to appear in compliance with the 3,206
terms of the person's recognizance; 3,207
(F) A failure to comply with an order issued pursuant to 3,209
section 3111.20, 3111.211, or 3111.22 of the Revised Code or a 3,210
withholding or deduction notice issued under section 3111.23 of 3,212
the Revised Code;
(G) A failure to obey a subpoena issued by the department 3,214
of human JOB AND FAMILY services or a child support enforcement 3,215
agency pursuant to section 5101.37 of the Revised Code; 3,217
(H) A willful failure to submit to genetic testing, or a 3,220
willful failure to submit a child to genetic testing, as required 3,221
by an order for genetic testing issued under section 3111.22 of 3,222
the Revised Code. 3,223
Sec. 3313.64. (A) As used in this section and in section 3,234
3313.65 of the Revised Code: 3,235
(1) "Parent" means either parent, unless the parents are 3,237
separated or divorced or their marriage has been dissolved or 3,238
annulled, in which case "parent" means the parent who is the 3,239
residential parent and legal custodian of the child. When a 3,240
child is in the legal custody of a government agency or a person 3,241
other than the child's natural or adoptive parent, "parent" means 3,242
the parent with residual parental rights, privileges, and 3,243
responsibilities. When a child is in the permanent custody of a 3,244
government agency or a person other than the child's natural or 3,245
adoptive parent, "parent" means the parent who was divested of 3,246
parental rights and responsibilities for the care of the child 3,247
and the right to have the child live with the parent and be the 3,248
72
legal custodian of the child and all residual parental rights, 3,250
privileges, and responsibilities. 3,251
(2) "Legal custody," "permanent custody," and "residual 3,253
parental rights, privileges, and responsibilities" have the same 3,254
meanings as in section 2151.011 of the Revised Code. 3,255
(3) "School district" or "district" means a city, local, 3,257
or exempted village school district and excludes any school 3,258
operated in an institution maintained by the department of youth 3,259
services. 3,260
(4) Except as used in division (C)(2) of this section, 3,262
"home" means a home, institution, family foster home, group home, 3,263
or other residential facility in this state that receives and 3,264
cares for children, to which any of the following applies: 3,265
(a) The home is licensed, certified, or approved for such 3,267
purpose by the state or is maintained by the department of youth 3,268
services. 3,269
(b) The home is operated by a person who is licensed, 3,271
certified, or approved by the state to operate the home for such 3,272
purpose. 3,273
(c) The home accepted the child through a placement by a 3,275
person licensed, certified, or approved to place a child in such 3,276
a home by the state. 3,277
(d) The home is a children's home created under section 3,279
5153.21 or 5153.36 of the Revised Code. 3,280
(5) "Agency" means all of the following: 3,282
(a) A public children services agency; 3,284
(b) An organization that holds a certificate issued by the 3,286
Ohio department of human JOB AND FAMILY services in accordance 3,287
with the requirements of section 5103.03 of the Revised Code and 3,289
assumes temporary or permanent custody of children through 3,290
commitment, agreement, or surrender, and places children in 3,291
family homes for the purpose of adoption; 3,292
(c) Comparable agencies of other states or countries that 3,294
have complied with applicable requirements of section 2151.39, or 3,295
73
sections 5103.20 to 5103.28 of the Revised Code. 3,296
(6) A child is placed for adoption if either of the 3,298
following occurs: 3,299
(a) An agency to which the child has been permanently 3,301
committed or surrendered enters into an agreement with a person 3,302
pursuant to section 5103.06 5103.16 of the Revised Code for the 3,304
care and adoption of the child. 3,305
(b) The child's natural parent places the child pursuant 3,307
to section 5103.16 of the Revised Code with a person who will 3,308
care for and adopt the child. 3,309
(7) "Handicapped preschool child" means a handicapped 3,311
child, as defined by division (A) of section 3323.01 of the 3,312
Revised Code, who is at least three years of age but is not of 3,313
compulsory school age, as defined in section 3321.01 of the 3,314
Revised Code, and who is not currently enrolled in kindergarten. 3,315
(8) "Child," unless otherwise indicated, includes 3,317
handicapped preschool children. 3,318
(B) Except as otherwise provided in section 3321.01 of the 3,320
Revised Code for admittance to kindergarten and first grade, a 3,321
child who is at least five but under twenty-two years of age and 3,322
any handicapped preschool child shall be admitted to school as 3,323
provided in this division. 3,324
(1) A child shall be admitted to the schools of the school 3,326
district in which the child's parent resides. 3,327
(2) A child who does not reside in the district where the 3,330
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 3,332
applies:
(a) The child is in the legal or permanent custody of a 3,334
government agency or a person other than the child's natural or 3,336
adoptive parent. 3,337
(b) The child resides in a home. 3,339
(c) The child requires special education. 3,341
(3) A child who is not entitled under division (B)(2) of 3,343
74
this section to be admitted to the schools of the district where 3,344
the child resides and who is residing with a resident of this 3,345
state with whom the child has been placed for adoption shall be 3,347
admitted to the schools of the district where the child resides 3,349
unless either of the following applies: 3,350
(a) The placement for adoption has been terminated. 3,352
(b) Another school district is required to admit the child 3,354
under division (B)(1) of this section. 3,355
Division (B) of this section does not prohibit the board of 3,357
education of a school district from placing a handicapped child 3,358
who resides in the district in a special education program 3,359
outside of the district or its schools in compliance with Chapter 3,360
3323. of the Revised Code. 3,361
(C) A district shall not charge tuition for children 3,363
admitted under division (B)(1) or (3) of this section. If the 3,364
district admits a child under division (B)(2) of this section, 3,365
tuition shall be paid to the district that admits the child as 3,366
follows: 3,367
(1) If the child receives special education in accordance 3,369
with Chapter 3323. of the Revised Code, tuition shall be paid in 3,370
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 3,371
of the Revised Code regardless of who has custody of the child or 3,372
whether the child resides in a home. 3,373
(2) Except as otherwise provided in division (C)(2)(d) of 3,375
this section, if the child is in the permanent or legal custody 3,376
of a government agency or person other than the child's parent, 3,377
tuition shall be paid by: 3,378
(a) The district in which the child's parent resided at 3,380
the time the court removed the child from home or at the time the 3,382
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 3,383
(b) If the parent's residence at the time the court 3,385
removed the child from home or placed the child in the legal or 3,387
permanent custody of the person or government agency is unknown,
75
tuition shall be paid by the district in which the child resided 3,388
at the time the child was removed from home or placed in legal or 3,390
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 3,392
division (C)(2)(a) or (b) of this section, tuition shall be paid 3,393
by the district determined as required by section 2151.357 of the 3,394
Revised Code by the court at the time it vests custody of the 3,395
child in the person or government agency. 3,396
(d) If at the time the court removed the child from home 3,399
or vested legal or permanent custody of the child in the person 3,400
or government agency, whichever occurred first, one parent was in 3,401
a residential or correctional facility or a juvenile residential 3,402
placement and the other parent, if living and not in such a 3,403
facility or placement, was not known to reside in this state, 3,404
tuition shall be paid by the district determined under division 3,405
(D) of section 3313.65 of the Revised Code as the district 3,406
required to pay any tuition while the parent was in such facility 3,407
or placement.
(3) If the child is not in the permanent or legal custody 3,409
of a government agency or person other than the child's parent 3,411
and the child resides in a home, tuition shall be paid by one of 3,412
the following:
(a) The school district in which the child's parent 3,414
resides; 3,415
(b) If the child's parent is not a resident of this state, 3,417
the home in which the child resides. 3,418
(D) Tuition required to be paid under divisions (C)(2) and 3,420
(3)(a) of this section shall be computed in accordance with 3,421
section 3317.08 of the Revised Code. Tuition required to be paid 3,422
under division (C)(3)(b) of this section shall be computed in 3,423
accordance with section 3317.081 of the Revised Code. If a home 3,424
fails to pay the tuition required by division (C)(3)(b) of this 3,425
section, the board of education providing the education may 3,426
recover in a civil action the tuition and the expenses incurred 3,427
76
in prosecuting the action, including court costs and reasonable 3,428
attorney's fees. If the prosecuting attorney or city director of 3,429
law represents the board in such action, costs and reasonable 3,430
attorney's fees awarded by the court, based upon the prosecuting 3,431
attorney's, director's, or one of their designee's time spent 3,433
preparing and presenting the case, shall be deposited in the 3,434
county or city general fund. 3,435
(E) A board of education may enroll a child free of any 3,437
tuition obligation for a period not to exceed sixty days, on the 3,438
sworn statement of an adult resident of the district that the 3,439
resident has initiated legal proceedings for custody of the 3,441
child.
(F) In the case of any individual entitled to attend 3,443
school under this division, no tuition shall be charged by the 3,444
school district of attendance and no other school district shall 3,445
be required to pay tuition for the individual's attendance. 3,446
Notwithstanding division (B), (C), or (E) of this section: 3,447
(1) All persons at least eighteen but under twenty-two 3,449
years of age who live apart from their parents, support 3,450
themselves by their own labor, and have not successfully 3,451
completed the high school curriculum or the individualized 3,452
education program developed for the person by the high school 3,453
pursuant to section 3323.08 of the Revised Code, are entitled to 3,454
attend school in the district in which they reside. 3,455
(2) Any child under eighteen years of age who is married 3,457
is entitled to attend school in the child's district of 3,458
residence. 3,459
(3) A child is entitled to attend school in the district 3,461
in which either of the child's parents is employed if the child 3,463
has a medical condition that may require emergency medical 3,464
attention. The parent of a child entitled to attend school under 3,465
division (F)(3) of this section shall submit to the board of 3,466
education of the district in which the parent is employed a 3,467
statement from the child's physician certifying that the child's 3,468
77
medical condition may require emergency medical attention. The 3,469
statement shall be supported by such other evidence as the board 3,470
may require.
(4) Any child residing with a person other than the 3,472
child's parent is entitled, for a period not to exceed twelve 3,474
months, to attend school in the district in which that person 3,475
resides if the child's parent files an affidavit with the 3,476
superintendent of the district in which the person with whom the 3,477
child is living resides stating all of the following: 3,478
(a) That the parent is serving outside of the state in the 3,480
armed services of the United States; 3,481
(b) That the parent intends to reside in the district upon 3,483
returning to this state; 3,484
(c) The name and address of the person with whom the child 3,486
is living while the parent is outside the state. 3,487
(5) Any child under the age of twenty-two years who, after 3,489
the death of a parent, resides in a school district other than 3,490
the district in which the child attended school at the time of 3,491
the parent's death is entitled to continue to attend school in 3,492
the district in which the child attended school at the time of 3,493
the parent's death for the remainder of the school year, subject 3,494
to approval of that district board. 3,495
(6) A child under the age of twenty-two years who resides 3,497
with a parent who is having a new house built in a school 3,498
district outside the district where the parent is residing is 3,499
entitled to attend school for a period of time in the district 3,500
where the new house is being built. In order to be entitled to 3,501
such attendance, the parent shall provide the district 3,502
superintendent with the following: 3,503
(a) A sworn statement explaining the situation, revealing 3,505
the location of the house being built, and stating the parent's 3,506
intention to reside there upon its completion; 3,507
(b) A statement from the builder confirming that a new 3,509
house is being built for the parent and that the house is at the 3,510
78
location indicated in the parent's statement. 3,511
(7) A child under the age of twenty-two years residing 3,513
with a parent who has a contract to purchase a house in a school 3,514
district outside the district where the parent is residing and 3,515
who is waiting upon the date of closing of the mortgage loan for 3,516
the purchase of such house is entitled to attend school for a 3,517
period of time in the district where the house is being 3,518
purchased. In order to be entitled to such attendance, the 3,519
parent shall provide the district superintendent with the 3,520
following: 3,521
(a) A sworn statement explaining the situation, revealing 3,523
the location of the house being purchased, and stating the 3,524
parent's intent to reside there; 3,525
(b) A statement from a real estate broker or bank officer 3,527
confirming that the parent has a contract to purchase the house, 3,528
that the parent is waiting upon the date of closing of the 3,529
mortgage loan, and that the house is at the location indicated in 3,530
the parent's statement. 3,531
The district superintendent shall establish a period of 3,533
time not to exceed ninety days during which the child entitled to 3,534
attend school under division (F)(6) or (7) of this section may 3,535
attend without tuition obligation. A student attending a school 3,536
under division (F)(6) or (7) of this section shall be eligible to 3,537
participate in interscholastic athletics under the auspices of 3,538
that school, provided the board of education of the school 3,539
district where the student's parent resides, by a formal action, 3,540
releases the student to participate in interscholastic athletics 3,541
at the school where the student is attending, and provided the 3,542
student receives any authorization required by a public agency or 3,543
private organization of which the school district is a member 3,544
exercising authority over interscholastic sports. 3,545
(8) A child whose parent is a full-time employee of a 3,547
city, local, or exempted village school district, or of an 3,548
educational service center, may be admitted to the schools of the 3,550
79
district where the child's parent is employed, or in the case of 3,551
a child whose parent is employed by an educational service 3,552
center, in the district that serves the location where the 3,553
parent's job is primarily located, provided the district board of 3,554
education establishes such an admission policy by resolution 3,555
adopted by a majority of its members. Any such policy shall take 3,556
effect on the first day of the school year and the effective date 3,557
of any amendment or repeal may not be prior to the first day of 3,558
the subsequent school year. The policy shall be uniformly 3,559
applied to all such children and shall provide for the admission 3,560
of any such child upon request of the parent. No child may be 3,561
admitted under this policy after the first day of classes of any 3,562
school year.
(9) A child who is with the child's parent under the care 3,564
of a shelter for victims of domestic violence, as defined in 3,566
section 3113.33 of the Revised Code, is entitled to attend school 3,567
free in the district in which the child is with the child's 3,568
parent, and no other school district shall be required to pay 3,571
tuition for the child's attendance in that school district. 3,573
The enrollment of a child in a school district under this 3,575
division shall not be denied due to a delay in the school 3,576
district's receipt of any records required under section 3313.672 3,577
of the Revised Code or any other records required for enrollment. 3,578
Any days of attendance and any credits earned by a child while 3,579
enrolled in a school district under this division shall be 3,580
transferred to and accepted by any school district in which the 3,581
child subsequently enrolls. The state board of education shall 3,582
adopt rules to ensure compliance with this division. 3,583
(10) Any child under the age of twenty-two years whose 3,585
parent has moved out of the school district after the 3,586
commencement of classes in the child's senior year of high school 3,587
is entitled, subject to the approval of that district board, to 3,588
attend school in the district in which the child attended school 3,589
at the time of the parental move for the remainder of the school 3,590
80
year and for one additional semester or equivalent term. A 3,592
district board may also adopt a policy specifying extenuating 3,593
circumstances under which a student may continue to attend school 3,594
under division (F)(10) of this section for an additional period 3,595
of time in order to successfully complete the high school 3,596
curriculum for the individualized education program developed for 3,597
the student by the high school pursuant to section 3323.08 of the 3,598
Revised Code.
(11) As used in this division, "grandparent" means a 3,600
parent of a parent of a child. A child under the age of 3,601
twenty-two years who is in the custody of the child's parent, 3,603
resides with a grandparent, and does not require special 3,604
education is entitled to attend the schools of the district in 3,605
which the child's grandparent resides, provided that, prior to 3,607
such attendance in any school year, the board of education of the 3,608
school district in which the child's grandparent resides and the 3,609
board of education of the school district in which the child's 3,611
parent resides enter into a written agreement specifying that 3,613
good cause exists for such attendance, describing the nature of 3,614
this good cause, and consenting to such attendance. 3,615
In lieu of a consent form signed by a parent, a board of 3,617
education may request the grandparent of a child attending school 3,618
in the district in which the grandparent resides pursuant to 3,619
division (F)(11) of this section to complete any consent form 3,620
required by the district, including any authorization required by 3,621
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 3,622
Upon request, the grandparent shall complete any consent form 3,623
required by the district. A school district shall not incur any 3,624
liability solely because of its receipt of a consent form from a 3,625
grandparent in lieu of a parent. 3,626
Division (F)(11) of this section does not create, and shall 3,629
not be construed as creating, a new cause of action or 3,630
substantive legal right against a school district, a member of a 3,631
board of education, or an employee of a school district. This 3,632
81
section does not affect, and shall not be construed as affecting, 3,633
any immunities from defenses to tort liability created or 3,634
recognized by Chapter 2744. of the Revised Code for a school 3,635
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 3,638
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 3,640
(C), or (E) of this section provided that, prior to such 3,642
attendance in any school year, both of the following occur: 3,643
(a) The superintendent of the district in which the child 3,645
is entitled to attend school under division (B), (C), or (E) of 3,648
this section contacts the superintendent of another district for
purposes of this division; 3,650
(b) The superintendents of both districts enter into a 3,653
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 3,655
physical or mental well-being or to deal with other extenuating 3,656
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 3,658
student who is not receiving special education under Chapter 3,659
3323. of the Revised Code and notwithstanding Chapter 3327. of 3,660
the Revised Code, the board of education of neither school 3,661
district involved in the agreement is required to provide 3,662
transportation for the student to and from the school where the 3,663
student attends.
A student attending a school of a district pursuant to this 3,665
division shall be allowed to participate in all student 3,666
activities, including interscholastic athletics, at the school 3,667
where the student is attending on the same basis as any student 3,668
who has always attended the schools of that district while of 3,669
compulsory school age.
(G) A board of education, after approving admission, may 3,671
waive tuition for students who will temporarily reside in the 3,672
district and who are either of the following: 3,673
82
(1) Residents or domiciliaries of a foreign nation who 3,675
request admission as foreign exchange students; 3,676
(2) Residents or domiciliaries of the United States but 3,678
not of Ohio who request admission as participants in an exchange 3,679
program operated by a student exchange organization. 3,680
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3,682
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 3,683
attend school or participate in a special education program in a 3,684
school district other than in the district where the child is 3,685
entitled to attend school under division (B) of this section. 3,686
(I) This division does not apply to a child receiving 3,688
special education. 3,689
A school district required to pay tuition pursuant to 3,691
division (C)(2) or (3) of this section or section 3313.65 of the 3,692
Revised Code shall have an amount deducted under division (F) of 3,694
section 3317.023 of the Revised Code equal to its own tuition 3,695
rate for the same period of attendance. A school district 3,696
entitled to receive tuition pursuant to division (C)(2) or (3) of 3,697
this section or section 3313.65 of the Revised Code shall have an 3,698
amount credited under division (F) of section 3317.023 of the 3,700
Revised Code equal to its own tuition rate for the same period of 3,701
attendance. If the tuition rate credited to the district of 3,702
attendance exceeds the rate deducted from the district required 3,703
to pay tuition, the department of education shall pay the 3,704
district of attendance the difference from amounts deducted from 3,705
all districts' payments under division (F) of section 3317.023 of 3,707
the Revised Code but not credited to other school districts under 3,708
such division and from appropriations made for such purpose. The 3,709
treasurer of each school district shall, by the fifteenth day of 3,710
January and July, furnish the superintendent of public 3,711
instruction a report of the names of each child who attended the 3,712
district's schools under divisions (C)(2) and (3) of this section 3,713
or section 3313.65 of the Revised Code during the preceding six 3,714
calendar months, the duration of the attendance of those 3,715
83
children, the school district responsible for tuition on behalf 3,716
of the child, and any other information that the superintendent 3,717
requires. 3,718
Upon receipt of the report the superintendent, pursuant to 3,720
division (F) of section 3317.023 of the Revised Code, shall 3,721
deduct each district's tuition obligations under divisions (C)(2) 3,722
and (3) of this section or section 3313.65 of the Revised Code 3,723
and pay to the district of attendance that amount plus any amount 3,724
required to be paid by the state. 3,725
(J) In the event of a disagreement, the superintendent of 3,727
public instruction shall determine the school district in which 3,728
the parent resides. 3,729
(K) Nothing in this section requires or authorizes, or 3,731
shall be construed to require or authorize, the admission to a 3,732
public school in this state of a pupil who has been permanently 3,733
excluded from public school attendance by the superintendent of 3,734
public instruction pursuant to sections 3301.121 and 3313.662 of 3,735
the Revised Code. 3,736
Sec. 4112.12. (A) There is hereby created the commission 3,745
on African-American males, which shall consist of not more than 3,746
forty-one members as follows: the directors or their designees 3,747
of the departments of health, development, alcohol and drug 3,748
addiction services, human JOB AND FAMILY services, rehabilitation 3,750
and correction, mental health, and youth services; the 3,751
administrator or the administrator's designee of the bureau of 3,752
employment services; the adjutant general or the adjutant 3,754
general's designee; the equal employment opportunity officer of 3,755
the department of administrative services or the equal employment 3,757
opportunity officer's designee; the executive director or the 3,758
executive director's designee of the Ohio civil rights 3,759
commission; the director or the director's designee of the office 3,762
of criminal justice services; the superintendent of public
instruction; the chancellor or the chancellor's designee of the 3,764
Ohio board of regents; two members of the house of 3,765
84
representatives appointed by the speaker of the house of 3,766
representatives; three members of the senate appointed by the 3,767
president of the senate; and not more than twenty-two 3,768
TWENTY-THREE members appointed by the governor. The members 3,769
appointed by the governor shall include AN ADDITIONAL MEMBER OF 3,770
THE GOVERNOR'S CABINET AND at least one representative of each of 3,772
the following: the national association for the advancement of 3,773
colored people; the urban league; an organization representing 3,774
black elected officials; an organization representing black 3,775
attorneys; the black religious community; the black business 3,776
community; the nonminority business community; and organized 3,777
labor; at least one black medical doctor, one black elected 3,778
member of a school board, and one black educator; and at least 3,779
two representatives of local private industry councils. The 3,780
remaining members that may be appointed by the governor shall be 3,781
selected from elected officials, civic and community leaders, and 3,782
representatives of the employment, criminal justice, education, 3,783
and health communities.
(B) Terms of office shall be for three years, with each 3,787
term ending on the same day of the same month as did the term 3,788
that it succeeds. Each member shall hold office from the date of 3,789
appointment until the end of the term for which the member was 3,790
appointed. Members may be reappointed. Vacancies shall be 3,791
filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the 3,792
expiration date of the term for which the member's predecessor 3,794
was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the 3,795
expiration date of the member's term until the member's successor 3,797
takes office or until a period of sixty days has elapsed, 3,798
whichever occurs first.
The commission annually shall elect a chairperson from 3,801
among its members.
(C) Members of the commission and members of subcommittees 3,803
85
appointed under division (B) of section 4112.13 of the Revised 3,804
Code shall not be compensated, but shall be reimbursed for their 3,805
necessary and actual expenses incurred in the performance of 3,806
their official duties. 3,807
(D)(1) The Ohio civil rights commission shall serve as the 3,810
commission on African-American males' fiscal agent and shall 3,812
perform all of the following services:
(a) Prepare and process payroll and other personnel 3,814
documents that the commission on African-American males approves; 3,815
(b) Maintain ledgers of accounts and reports of account 3,817
balances, and monitor budgets and allotment plans in consultation 3,818
with the commission on African-American males; 3,819
(c) Perform other routine support services that the 3,821
executive director of the Ohio civil rights commission or the 3,823
executive director's designee and the Commission on 3,824
African-American males or its designee consider appropriate to 3,825
achieve efficiency.
(2) The Ohio civil rights commission shall not approve any 3,827
payroll or other personnel-related documents or any biennial 3,828
budget, grant, expenditure, audit, or fiscal-related document 3,829
without the advice and consent of the commission on 3,830
African-American males. 3,832
(3) The Ohio civil rights commission shall determine fees 3,834
to be charged to the commission on African-American males for 3,835
services performed under this division, which shall be in 3,836
proportion to the services performed for the commission on 3,837
African-American males. 3,838
(4) The commission on African-American males or its 3,840
designee has: 3,842
(a) Sole authority to draw funds for any federal program 3,845
in which the commission is authorized to participate; 3,846
(b) Sole authority to expend funds from accounts for 3,848
programs and any other necessary expenses the commission on 3,849
African-American males may incur; 3,851
86
(c) The duty to cooperate with the Ohio civil rights 3,853
commission to ensure that the Ohio civil rights commission is 3,854
fully apprised of all financial transactions. 3,855
(E) The commission on African-American males shall appoint 3,857
an executive director, who shall be in the unclassified civil 3,858
service. The executive director shall supervise the commission's 3,859
activities and report to the commission on the progress of those 3,860
activities. The executive director shall do all things necessary 3,861
for the efficient and effective implementation of the duties of 3,862
the commission. 3,863
The responsibilities assigned to the executive director do 3,865
not relieve the members of the commission from final 3,866
responsibility for the proper performance of the requirements of 3,867
this division.
(F) The commission on African-American males shall: 3,870
(1) Employ, promote, supervise, and remove all employees, 3,872
as needed, in connection with the performance of its duties under 3,873
this section; 3,874
(2) Maintain its office in Columbus; 3,876
(3) Acquire facilities, equipment, and supplies necessary 3,878
to house the commission, its employees, and files and records 3,879
under its control, and to discharge any duty imposed upon it by 3,880
law. The expense of these acquisitions shall be audited and paid 3,881
for in the same manner as other state expenses. 3,882
(4) Prepare and submit to the office of budget and 3,884
management a budget for each biennium in accordance with sections 3,885
101.55 and 107.03 of the Revised Code. The budget submitted 3,886
shall cover the costs of the commission and its staff in the 3,887
discharge of any duty imposed upon the commission by law. The 3,888
commission shall pay its own payroll and other operating expenses 3,889
from appropriation items designated by the general assembly. The 3,890
commission shall not delegate any authority to obligate funds. 3,891
(5) Establish the overall policy and management of the 3,893
commission in accordance with this chapter; 3,894
87
(6) Follow all state procurement requirements; 3,896
(7) Pay fees owed to the Ohio civil rights commission 3,898
under division (D) of this section from the commission on 3,899
African-American males' general revenue fund or from any other 3,901
fund from which the operating expenses of the commission on 3,902
African-American males are paid. Any amounts set aside for a 3,904
fiscal year for the payment of such fees shall be used only for 3,905
the services performed for the commission on African-American 3,906
males by the Ohio civil rights commission in that fiscal year. 3,907
(G) The commission on African-American males may: 3,910
(1) Hold sessions at any place within the state; 3,912
(2) Establish, change, or abolish positions, and assign 3,914
and reassign duties and responsibilities of any employee of the 3,915
commission on African-American males as necessary to achieve the 3,916
most efficient performance of its functions. 3,917
Sec. 4141.04. The Ohio state employment service is hereby 3,926
established as a division of the bureau of employment DIRECTOR OF 3,927
JOB AND FAMILY services and shall establish and maintain free OR 3,929
ENSURE THE EXISTENCE OF public employment offices THAT ARE FREE 3,931
TO THE GENERAL PUBLIC. THESE OFFICES SHALL EXIST in such number 3,932
and in such places as are necessary for the proper administration 3,933
of sections 4141.01 to 4141.46 of the Revised Code THIS CHAPTER, 3,934
to perform such duties as are within the purview of the act of 3,936
congress entitled "an act to provide for the establishment of a 3,937
national employment system and for cooperation with the states in 3,938
the promotion of such system, and for other purposes," approved 3,939
June 6, 1933, as amended, WHICH IS KNOWN AS THE "WAGNER-PEYSER 3,940
ACT." The division shall be administered by a full-time salaried 3,942
director, who shall cooperate with any official or agency of the 3,943
United States having powers or duties under said THAT act of 3,944
congress and shall do and perform all things necessary to secure 3,946
to this state the benefits of said THAT act of congress in the 3,947
promotion and maintenance of a system of public employment 3,949
offices. Said THAT act of congress is hereby accepted by this 3,951
88
state, in conformity with sections 4141.23 to 4141.26 of the 3,952
Revised Code THAT ACT OF CONGRESS AND TITLE III OF THE "SOCIAL 3,953
SECURITY ACT," AND THE "FEDERAL UNEMPLOYMENT TAX ACT," 26 3,955
U.S.C.A. 3301, AS AMENDED, and this state will observe and comply 3,956
with the requirements thereof. The Ohio state employment service 3,957
DEPARTMENT OF JOB AND FAMILY SERVICES is hereby designated and 3,958
constituted the agency of this state for the purposes of said 3,959
THAT act OF CONGRESS. 3,960
The administrator of the bureau of employment services 3,962
DIRECTOR may cooperate with or enter into agreements with the 3,964
railroad retirement board with respect to the establishment, 3,965
maintenance, and use of free employment service facilities THAT 3,966
ARE FREE TO THE GENERAL PUBLIC. The administrator shall appoint 3,968
the director, other officers, and employees of the Ohio state 3,969
employment service. Such appointment shall be made in accordance 3,970
with regulations prescribed by the director of the United States 3,971
employment service.
All moneys received by this state under said THE act of 3,973
congress KNOWN AS THE WAGNER-PEYSER ACT shall be paid into the 3,976
special employment service account in the unemployment 3,977
compensation administration fund, and said THOSE moneys are 3,978
hereby made available to the Ohio state employment service 3,979
DIRECTOR to be expended as provided by this section and by said 3,981
THAT act of congress. For the purpose of establishing and 3,982
maintaining free public employment offices THAT ARE FREE TO THE 3,983
GENERAL PUBLIC, the division DIRECTOR may enter into agreements 3,985
with the railroad retirement board or any other agency of the 3,986
United States charged with the administration of an unemployment 3,987
compensation law, with any political subdivision of this state, 3,988
or with any private, nonprofit organization and as a part of any 3,989
such agreement the administrator DIRECTOR may accept moneys, 3,990
services, or quarters as a contribution to the employment service 3,992
account.
THE DIRECTOR SHALL MAINTAIN LABOR MARKET INFORMATION AND 3,994
89
EMPLOYMENT STATISTICS AS NECESSARY FOR THE ADMINISTRATION OF THIS 3,995
CHAPTER.
The administrator of the bureau of employment services 3,997
DIRECTOR shall appoint an individual from the employment service 3,998
division EMPLOYEE OF THE DEPARTMENT to serve as an ex officio 4,000
member of the governor's council to maintain a liaison between 4,001
the bureau of employment services DEPARTMENT and the governor's 4,003
council on people with disabilities.
Sec. 4141.042. (A) There is created within the bureau of 4,012
employment services a women's division, whose THE director OF JOB 4,014
AND FAMILY SERVICES shall be appointed by the administrator. 4,015
(B) The women's division shall TAKE AFFIRMATIVE STEPS TO 4,017
promote programs to improve the employment competencies AND 4,019
UPWARD MOBILITY of women and to enhance their employment 4,021
opportunities, giving. THE DIRECTOR SHALL PLACE particular 4,022
attention to EMPHASIS ON education, child care, labor conditions, 4,023
equality of entrance requirements, and eligibility for promotion. 4,024
In pursuance thereof, the division DIRECTOR shall: 4,025
(1)(A) Serve as a clearinghouse for information; 4,027
(2)(B) Assist state and local government agencies 4,029
WORKFORCE DEVELOPMENT PROVIDERS in improving the employment 4,031
competencies of and opportunities for women. 4,032
(C) The division also may: 4,034
(1) Conduct studies and research on subjects related to 4,036
its functions and responsibilities; 4,037
(2)(C) Evaluate and make recommendations to the 4,039
administrator DIRECTOR regarding legislation affecting the 4,041
employment competencies of and opportunities for women. 4,042
Sec. 4141.046. No compensation or fee, either directly or 4,051
indirectly, shall be charged or received from any person seeking 4,052
employment or any person desiring to employ labor through a free 4,053
public employment office DESCRIBED IN SECTION 4141.04 OF THE 4,054
REVISED CODE. No officer or employee of the Ohio state 4,056
employment service PERSON shall violate this section. 4,057
90
Sec. 4141.06. There is hereby created an unemployment 4,066
compensation review commission consisting of three full-time 4,067
members appointed by the governor, with the advice and consent of 4,068
the senate. Terms of office shall be staggered and shall be for 4,069
six years, commencing on the twenty-eighth day of February and 4,071
ending on the twenty-seventh day of February. Each member shall 4,072
hold office from the date of appointment until the end of the 4,073
term for which the member was appointed. Any member appointed to 4,074
fill a vacancy occurring prior to the expiration of the term for 4,075
which the member's predecessor was appointed shall hold office 4,076
for the remainder of such term. Any member shall continue in 4,077
office subsequent to the expiration date of the member's term 4,078
until the member's successor takes office, or until a period of 4,079
sixty days has elapsed, whichever occurs first. The chairperson 4,080
of the commission and each member shall be paid a salary fixed
pursuant to section 124.14 of the Revised Code. The governor, at 4,082
any time, may remove any member for inefficiency, neglect of
duty, malfeasance, misfeasance, or nonfeasance in office. 4,083
Not more than one of the appointees to the commission shall 4,085
be a person who, on account of the appointee's previous vocation, 4,086
employment, or affiliations, can be classed as a representative 4,087
of employers, and not more than one of the appointees shall be a 4,088
person who, on account of the appointee's previous vocation, 4,089
employment, or affiliations, can be classed as a representative 4,090
of employees. Not more than two of the members of the commission 4,091
shall belong to the same political party. No member of the 4,092
commission shall hold any position of trust or profit or engage 4,093
in any occupation or business interfering or inconsistent with 4,094
the member's duties as a member and no member shall serve on any 4,095
committee of any political party. The commission shall elect a 4,096
chairperson and a vice-chairperson. The vice-chairperson shall 4,097
exercise the powers of the chairperson in the chairperson's 4,098
absence.
No commission member shall participate in the disposition 4,100
91
of any appeal in which the member has an interest in the 4,101
controversy. Challenges to the interest of any commission member 4,103
may be made by any interested party defined in division (I) of 4,104
section 4141.01 of the Revised Code and shall be in writing. All 4,105
challenges shall be decided by the chairperson of the advisory 4,106
council, who, if the challenge is found to be well taken, shall 4,107
advise the governor, who shall appoint a member of the advisory 4,108
council representing the same affiliations to act and receive the 4,109
same compensation for serving in place of such member. 4,110
The commission may appoint a secretary to hold office at 4,112
its pleasure. The secretary shall have such powers and shall 4,114
perform such duties as the commission prescribes and shall keep a 4,115
record of the proceedings of the commission and of its 4,116
determinations. The secretary shall receive a salary fixed 4,118
pursuant to section 124.14 of the Revised Code. Notwithstanding
division (A)(8) of section 124.11 of the Revised Code, each 4,120
member of the commission may appoint a private secretary who 4,121
shall be in the classified service of the state and hold office 4,122
at the pleasure of such member. 4,123
Two members of the commission constitute a quorum and no 4,125
action of the commission is valid unless it has the concurrence 4,126
of at least two members. A vacancy on the commission does not 4,127
impair the right of a quorum to exercise all the rights and 4,128
perform all the duties of the commission. 4,129
Hearings before the commission are held at the hearing 4,131
officer level and the review level. Unless otherwise provided in 4,132
this chapter, initial hearings involving claims for compensation 4,133
and other unemployment compensation issues are conducted at the 4,134
hearing officer level by hearing officers appointed by the 4,135
commission. Hearings at the review level are conducted by 4,136
hearing officers appointed by the commission, by members of the 4,137
commission acting either individually or collectively, and by 4,138
members of the commission and hearing officers acting jointly. 4,139
In all hearings conducted at the review level, the commission 4,140
92
shall designate the hearing officer or officers who are to
conduct the hearing. When the term "hearing officer" is used in 4,141
reference to hearings conducted at the review level, the term 4,142
includes members of the commission. All decisions issued at the 4,143
review level are issued by the commission.
The commission and its hearing officers shall hear appeals 4,145
arising from determinations of the administrator DIRECTOR of the 4,146
bureau of employment JOB AND FAMILY services involving claims for 4,148
compensation and other unemployment compensation issues. The 4,149
commission shall adopt, amend, or rescind rules of procedure, and 4,151
undertake such investigations, and take such action required for 4,152
the hearing and disposition of appeals as it deems necessary and 4,153
consistent with sections 4141.01 to 4141.46 of the Revised Code 4,154
THIS CHAPTER. The rules adopted by the commission shall be 4,155
effective to the extent that the rules are consistent with such 4,156
sections THIS CHAPTER. 4,157
The commission, subject to Chapter 124. of the Revised 4,159
Code, and with the approval of the governor, shall appoint such 4,160
hearing officers as are necessary. The hearing officers shall be 4,162
classified by the department of administrative services. Any 4,164
promotions or increases in compensation of the hearing officers 4,166
may be recommended by the commission subject to classifications 4,167
which are made by the department OF ADMINISTRATIVE SERVICES. The 4,168
members of the commission and hearing officers may conduct 4,170
hearings for unemployment compensation appeals coming before the 4,171
commission. The members and hearing officers may exercise all 4,172
powers provided by section 4141.17 of the Revised Code. 4,174
The commission, subject to Chapter 124. of the Revised 4,176
Code, may employ such support personnel as are needed to carry 4,179
out the duties of the commission. The salaries of such employees 4,180
are fixed pursuant to section 124.14 of the Revised Code. The 4,182
commission shall further provide itself and its employees with 4,183
such offices, equipment, and supplies as are necessary, using 4,184
those already provided for the central office of the bureau or 4,185
93
its branch offices DEPARTMENT OF JOB AND FAMILY SERVICES wherever 4,186
possible. 4,187
The commission shall have access to all ONLY the records of 4,189
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,191
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER AND needed 4,192
in the performance of its official duties. The commission shall 4,193
have the right to request of the administrator DIRECTOR necessary 4,194
information from any division WORK UNIT of the bureau DEPARTMENT 4,196
having that information.
The commission shall prepare and submit to the 4,198
administrator DIRECTOR an annual budget financing the costs 4,200
necessary to administer its duties under this chapter. The fund 4,201
request shall relate to, but not be limited to, the United States 4,202
department of labor's allocations for the commission's functions. 4,203
The administrator DIRECTOR shall approve the commission's request 4,205
unless funds are insufficient to finance the request. The 4,206
administrator DIRECTOR shall notify the commission of the amount 4,208
of funds available for its operation, as soon as possible, but 4,209
not later than thirty days after receiving the allocation from 4,210
the United States department of labor.
In the event that the administrator DIRECTOR determines 4,212
that sufficient funds are not available to approve the request as 4,213
submitted and a revised budget is not agreed to within thirty 4,214
days of the administrator's DIRECTOR'S notification to the 4,215
commission, the director of budget and management shall review 4,217
and determine the funding levels for the commission and notify 4,218
the commission and the administrator DIRECTOR of its THE 4,219
determination BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 4,220
Sec. 4141.08. (A) There is hereby created an unemployment 4,229
compensation advisory council appointed as follows: 4,230
(1) Three members who on account of their vocation, 4,232
employment, or affiliations can be classed as representative of 4,233
employers and three members who on account of their vocation, 4,234
employment, or affiliation can be classed as representatives of 4,235
94
employees appointed by the governor with the advice and consent 4,236
of the senate. All appointees shall be persons whose training 4,237
and experience qualify them to deal with the difficult problems 4,238
of unemployment compensation, particularly with respect to the 4,239
legal, accounting, actuarial, economic, and social aspects of 4,240
unemployment compensation; 4,241
(2) The chairpersons of the standing committees of the 4,243
senate and the house of representatives to which legislation 4,244
pertaining to Chapter 4141. of the Revised Code is customarily 4,245
referred;
(3) Two members of the senate appointed by the president 4,247
of the senate; and 4,248
(4) Two members of the house of representatives appointed 4,251
by the speaker of the house of representatives.
The speaker and the president shall arrange that of the six 4,253
legislative members appointed to the council, not more than three 4,255
are members of the same political party.
(B) Members appointed by the governor shall serve for a 4,257
term of four years, each term ending on the same day as the date 4,258
of their original appointment. Legislative members shall serve 4,259
during the session of the general assembly to which they are 4,260
elected and for as long as they are members of the general 4,261
assembly. Vacancies shall be filled in the same manner as the 4,262
original appointment but only for the unexpired part of a term. 4,263
(C) Members of the council shall serve without salary but, 4,266
notwithstanding section 101.26 of the Revised Code, shall be paid 4,267
fifty dollars per day each and their actual and necessary
expenses while engaged in the performance of their duties as 4,268
members of the council which shall be paid from funds allocated 4,270
to pay the expenses of the council pursuant to this section. 4,272
(D) The council shall organize itself and select a 4,274
chairperson or co-chairpersons and other officers and committees 4,276
as it considers necessary. Seven members constitute a quorum and 4,277
the council may act only upon the affirmative vote of seven 4,278
95
members. The council shall meet at least once each calendar 4,279
quarter but it may meet more often as the council considers 4,280
necessary or at the request of the chairperson. 4,281
(E) The council may employ professional and clerical 4,283
assistance as it considers necessary and may request of the 4,284
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 4,286
services assistance as it considers necessary. The administrator 4,287
DIRECTOR shall furnish the council with office and meeting space 4,289
as requested by the council. 4,290
(F) The administrator DIRECTOR shall pay the operating 4,292
expenses of the council as determined by the council from moneys 4,294
in the unemployment compensation special administrative fund 4,295
established in section 4141.11 of the Revised Code. 4,296
(G) The council shall have access to ONLY the records of 4,298
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,301
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER and to the 4,302
reasonable services of the employees of the bureau DEPARTMENT. 4,303
It may request the administrator DIRECTOR, or any of the 4,305
employees appointed by the administrator DIRECTOR, or any 4,306
employer or employee subject to Chapter 4141. of the Revised Code 4,308
THIS CHAPTER, to appear before it and to testify relative to the 4,309
functioning of such sections THIS CHAPTER and to other relevant 4,310
matters. The council may conduct research of its own, make and 4,312
publish reports, and recommend to the administrator DIRECTOR, the 4,313
unemployment compensation review commission, the governor, or the 4,315
general assembly needed changes in Chapter 4141. of the Revised 4,316
Code THIS CHAPTER, or in the rules of the bureau DEPARTMENT as it 4,318
considers necessary.
Sec. 4141.10. (A) There is hereby created the 4,327
unemployment compensation administration fund as a special fund 4,328
in the state treasury. All moneys which THAT are deposited or 4,329
paid into this fund are available to the bureau DIRECTOR of 4,331
employment JOB AND FAMILY services ONLY FOR THE ADMINISTRATION OF 4,333
THIS CHAPTER. All moneys in this fund which THAT are received 4,334
96
from the United States or any agency thereof or which THAT are 4,336
appropriated by this state for the purposes described in section 4,338
4141.04 of the Revised Code, shall be expended solely for the 4,339
purposes and in the amounts found necessary by the proper agency 4,340
of the United States for the proper and efficient administration 4,341
of sections 4141.01 to 4141.46, inclusive, of the Revised Code 4,342
THIS CHAPTER. The fund shall consist of all moneys appropriated 4,344
by this state, and all moneys received from the United States or 4,345
any agency thereof, including the proper agency of the United 4,346
States, the railroad retirement board, and the United States 4,347
employment service DEPARTMENT OF LABOR, or from any other source, 4,349
for such purpose, except that moneys received from the railroad 4,350
retirement board as compensation for services or facilities 4,351
supplied to said THAT board shall be paid into this fund or the 4,353
special employment service account thereof, provided for in
division (B) of this section, on the same basis as expenditures 4,354
are made for such services or facilities from such fund and 4,355
account. All moneys in this fund shall be deposited, 4,356
administered, and disbursed in the same manner and under the same 4,357
conditions and requirements as are other special funds in the 4,358
state treasury. The treasurer of state is liable on his THE 4,359
TREASURER OF STATE'S official bond for the faithful performance 4,361
of his THE TREASURER OF STATE'S duties in connection with this 4,363
fund. Any balances in this fund shall not lapse at any time, but 4,364
shall be continuously available to the bureau DIRECTOR for 4,365
expenditure.
(B) A special employment service account shall be 4,367
maintained as a part of the fund for the purpose of maintaining 4,368
the public employment offices established pursuant to section 4,369
4141.04 of the Revised Code and for the purpose of co-operating 4,370
with the United States employment service. 4,371
(C) If any moneys received after June 30, 1941, from the 4,373
proper agency of the United States under title TITLE III of the 4,375
"Social Security Act," or any unencumbered balances in the fund 4,376
97
as of that date, or any moneys granted after that date to this 4,377
state pursuant to the Wagner-Peyser acts, or any moneys made 4,378
available by this state or its political subdivisions and matched 4,379
by such moneys granted to this state pursuant to the 4,380
Wagner-Peyser acts are found by the proper agency of the United 4,381
States because of any action or contingency, to have been lost or 4,382
expended for purposes other than, or in amounts in excess of, 4,383
those found necessary by the proper agency of the United States 4,384
for the proper administration of sections 4141.01 to 4141.46, 4,385
inclusive, of the Revised Code THIS CHAPTER, such moneys shall be 4,386
replaced by moneys appropriated for such purpose from the general 4,388
funds of this state to the unemployment compensation 4,389
administration fund for expenditure as provided in division (A) 4,390
of this section. Upon receipt of notice of such a finding by the 4,391
proper agency of the United States, the administrator of the 4,392
bureau of employment services DIRECTOR shall promptly report the 4,393
amount required for such replacement to the governor and the 4,395
governor shall at the earliest opportunity submit to the general 4,396
assembly a request for the appropriation of such amount. 4,397
Division (C) of this section does not relieve this state of its 4,398
obligation with respect to funds received prior to July 1, 1941, 4,399
pursuant to title III of the "Social Security Act." 4,400
Sec. 4141.13. In addition to all other duties imposed on 4,409
the administrator DIRECTOR of the bureau of employment JOB AND 4,411
FAMILY services and powers granted by this chapter, the 4,413
administrator DIRECTOR may: 4,414
(A) Adopt and enforce reasonable rules relative to the 4,416
exercise of the administrator's DIRECTOR'S powers and authority, 4,417
and proper rules to govern the administrator's DIRECTOR'S 4,419
proceedings and to regulate the mode and manner of all 4,421
investigations and hearings; 4,422
(B) Prescribe the time, place, and manner of making claims 4,424
for benefits under such sections, the kind and character of 4,425
notices required thereunder, the procedure for investigating, 4,426
98
hearing, and deciding claims, the nature and extent of the proofs 4,427
and evidence and the method of furnishing and taking such proofs 4,428
and evidence to establish the right to benefits, and the method 4,429
and time within which adjudication and awards shall be made; 4,430
(C) Adopt rules with respect to the collection, 4,432
maintenance, and disbursement of the unemployment and 4,433
administrative funds; 4,434
(D) Amend and modify any of the administrator's DIRECTOR'S 4,436
rules from time to time in such respects as the administrator 4,439
DIRECTOR finds necessary or desirable; 4,440
(E) Employ, subject to Chapter 124. of the Revised Code, 4,442
secretaries, deputies, accountants, managers of district offices, 4,443
clerks, stenographers, and other assistants that are required for 4,444
the administration of this chapter, sections 4101.25 to 4101.30 4,446
and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of 4,447
the Revised Code, and determine their salaries and duties; 4,448
provided that notwithstanding Chapter 124. of the Revised Code, 4,449
no provisional appointments shall extend for a period of more 4,450
than six months, except that for the duration of the war 4,451
emergency such provisional appointments may be extended upon 4,452
compliance with the personnel standards of the proper agency of 4,453
the United States relating thereto, and such six months 4,454
limitation does not apply to the appointment of employees engaged 4,455
in the physical maintenance of buildings occupied by the bureau 4,456
of employment services; AUTHORIZE A DESIGNEE TO HOLD OR UNDERTAKE 4,457
AN INVESTIGATION, INQUIRY, OR HEARING THAT THE DIRECTOR IS 4,458
AUTHORIZED TO HOLD OR UNDERTAKE. AN ORDER OF A DESIGNEE 4,459
AUTHORIZED PURSUANT TO THIS SECTION IS THE ORDER OF THE DIRECTOR. 4,460
(F) Appoint advisors or advisory employment committees, by 4,462
local districts or by industries, who shall, without compensation 4,463
but with reimbursements for necessary expenses, assist the 4,464
administrator DIRECTOR in the execution of the administrator's 4,466
DIRECTOR'S duties; 4,467
(G) Require all employers, including employers not 4,469
99
otherwise subject to this chapter, to furnish to the 4,470
administrator DIRECTOR information concerning the amount of wages 4,472
paid, the number of employees employed and the regularity of 4,473
their employment, the number of employees hired, laid off, and
discharged from time to time and the reasons therefor and the 4,474
numbers that quit voluntarily, and other and further information 4,475
respecting any other facts required for the proper administration 4,476
of this chapter; 4,477
(H) Classify generally industries, businesses, 4,479
occupations, and employments, and employers individually, as to 4,480
the hazard of unemployment in each business, industry, 4,481
occupation, or employment, and as to the particular hazard of 4,482
each employer, having special reference to the conditions of 4,483
regularity and irregularity of the employment provided by such 4,484
employer and of the fluctuations in payrolls of such employer; 4,485
(I) Determine the contribution rates upon employers 4,487
subject to this chapter, and provide for the levy and collection 4,489
of the contributions from such employers; 4,490
(J) Receive, hear, and decide claims for unemployment 4,492
benefits, and provide for the payment of such claims as are 4,493
allowed; 4,494
(K) Promote the regularization of employment and the 4,496
prevention of unemployment; 4,497
(L) Encourage and assist in the adoption of practical 4,499
methods of vocational training, retraining, and vocational 4,500
guidance; 4,501
(M) Investigate, recommend, and advise and assist in the 4,503
establishment and operation by municipal corporations, counties, 4,504
school districts, and the state of prosperity reserves of public 4,505
work to be prosecuted in times of business depression and 4,506
unemployment; 4,507
(N) Promote the re-employment of unemployed workers 4,509
throughout the state in any other way that may be feasible, and 4,510
take all appropriate steps within the administrator's DIRECTOR'S 4,511
100
means to reduce and prevent unemployment; 4,514
(O) Carry on and publish the results of any investigations 4,516
and research that the administrator DIRECTOR deems relevant; 4,517
(P) Make such reports to the proper agency of the United 4,519
States created by the "Social Security Act" as that agency 4,520
requires, and comply with such provisions as the agency finds 4,521
necessary to assure the correctness and verification of such 4,522
reports; 4,523
(Q) Make available upon request to any agency of the 4,525
United States charged with the administration of public works or 4,526
assistance through public employment the name, address, ordinary 4,527
occupation, and employment status of each recipient of 4,528
unemployment benefits under this chapter, and a statement of such 4,529
recipient's rights to further benefits under this chapter; 4,532
(R) Make such investigations, secure and transmit such 4,534
information, make available such services and facilities, and 4,535
exercise such of the other powers provided by this section with 4,536
respect to the administration of this chapter, as the 4,537
administrator DIRECTOR deems necessary or appropriate to 4,539
facilitate the administration of the unemployment compensation 4,540
law or public employment service laws of this state and of other 4,541
states and the United States, and in like manner accept and 4,542
utilize information, services, and facilities made available to 4,543
this state by the agency charged with the administration of any 4,544
such other unemployment compensation or public employment service 4,545
laws; 4,546
(S) Enter into or cooperate in arrangements whereby 4,548
facilities and services provided under the unemployment 4,549
compensation law of Canada may be utilized for the taking of 4,551
claims and the payment of benefits under the unemployment 4,552
compensation law of this state or under a similar law of Canada; 4,553
(T) Transfer surplus computers and computer equipment 4,555
directly to a chartered public school within the state, 4,556
notwithstanding sections 125.12 to 125.14 of the Revised Code. 4,557
101
The computers and computer equipment may be repaired or
refurbished prior to the transfer, and the public school may be 4,558
charged a service fee not to exceed the direct cost of repair or 4,559
refurbishing.
Sec. 4141.162. (A) The administrator DIRECTOR of the 4,568
bureau of employment JOB AND FAMILY services shall establish an 4,570
income and eligibility verification system that complies with 4,572
section 1137 of the "Social Security Act." The programs included 4,573
in the system are ALL OF THE FOLLOWING: 4,574
(1) Unemployment compensation pursuant to section 3304 of 4,576
the "Internal Revenue Code of 1954"; 4,577
(2) The state programs funded in part under part A of 4,579
Title IV of the "Social Security Act" and administered under 4,580
Chapters 5107. and 5108. of the Revised Code; 4,581
(3) Medicaid pursuant to Title XIX of the "Social Security 4,584
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 4,586
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 4,587
(5) Any Ohio program under a plan approved under Title I, 4,589
X, XIV, or XVI of the "Social Security Act." 4,590
Wage information provided by employers to the bureau 4,592
DIRECTOR shall be furnished to the income and eligibility 4,594
verification system. Such information shall be used by the 4,595
bureau DIRECTOR to determine eligibility of individuals for 4,597
unemployment compensation benefits and the amount of those 4,598
benefits and used by the agencies that administer the programs 4,599
identified in divisions (A)(2) to (5) of this section to 4,600
determine or verify eligibility for or the amount of benefits 4,601
under those programs.
The bureau DIRECTOR shall fully implement the use of wage 4,603
information to determine eligibility for and the amount of 4,604
unemployment compensation benefits by September 30, 1988. 4,605
Information furnished under the system shall also be made 4,607
available to the appropriate state or local child support 4,608
102
enforcement agency for the purposes of an approved plan under 4,609
Title IV-D of the "Social Security Act" and to the appropriate 4,611
federal agency for the purposes of Titles II and XVI of the 4,612
"Social Security Act."
(B) The administrator DIRECTOR shall adopt rules as 4,614
necessary under which the bureau of employment services, the 4,616
department of human JOB AND FAMILY services, and other state 4,618
agencies THAT the administrator DIRECTOR determines must 4,620
participate in order to ensure compliance with section 1137 of 4,621
the "Social Security Act" exchange information with each other or 4,622
authorized federal agencies about individuals who are applicants 4,623
for or recipients of benefits under any of the programs 4,624
enumerated in division (A) of this section. The rules shall 4,625
extend to ALL OF THE FOLLOWING:
(1) A requirement for standardized formats and procedures 4,627
for a participating agency to request and receive information 4,628
about an individual, which information shall include the 4,629
individual's social security number; 4,630
(2) A requirement that all applicants for and recipients 4,632
of benefits under any program enumerated in division (A) of this 4,633
section be notified at the time of application, and periodically 4,634
thereafter, that information available through the system may be 4,635
shared with agencies that administer other benefit programs and 4,636
utilized in establishing or verifying eligibility or benefit 4,637
amounts under the other programs enumerated in division (A) of 4,638
this section; 4,639
(3) A requirement that information is made available only 4,641
to the extent necessary to assist in the valid administrative 4,642
needs of the program receiving the information and is targeted 4,643
for use in ways which are most likely to be productive in 4,644
identifying and preventing ineligibility and incorrect payments; 4,645
(4) A requirement that information is adequately protected 4,647
against unauthorized disclosures for purposes other than to 4,648
establish or verify eligibility or benefit amounts under the 4,649
103
programs enumerated in division (A) of this section; 4,650
(5) A requirement that a program providing information is 4,652
reimbursed by the program using the information for the actual 4,653
costs of furnishing the information and that the administrator 4,654
DIRECTOR be reimbursed by the participating programs for any 4,656
actual costs incurred in operating the system; 4,657
(6) Requirements for any other matters necessary to ensure 4,659
the effective, efficient, and timely exchange of necessary 4,660
information or that the administrator DIRECTOR determines must be 4,662
addressed in order to ensure compliance with the requirements of 4,663
section 1137 of the "Social Security Act." 4,664
(C) Each participating agency shall furnish to the income 4,666
and eligibility verification system established in division (A) 4,667
of this section that information, which the administrator 4,668
DIRECTOR, by rule, determines is necessary in order to comply 4,670
with section 1137 of the "Social Security Act." 4,671
(D) Notwithstanding the information disclosure 4,673
requirements of this section and sections 4141.16, 4141.161, 4,674
SECTION 4141.21, and division (D)(4)(a) of section 4141.28 of the 4,676
Revised Code, the administrator DIRECTOR shall administer those 4,677
provisions of law so as to comply with section 1137 of the 4,679
"Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 4,681
with respect to confidentiality of information obtained in the 4,682
administration of Chapter 4141. of the Revised Code and any 4,683
sanctions imposed for improper disclosure of such information 4,684
shall apply to the redisclosure of information disclosed under 4,685
this section. 4,686
Sec. 4141.21. Except as provided in sections 4141.16, 4,695
4141.161, SECTION 4141.162, and 4141.163 of the Revised Code, and 4,697
subject to section 4141.43 of the Revised Code, the information 4,700
maintained by the administrator of the bureau DIRECTOR of 4,701
employment JOB AND FAMILY services or furnished to the 4,702
administrator DIRECTOR by employers or employees pursuant to this 4,704
104
chapter is for the exclusive use and information of the bureau 4,705
DEPARTMENT of employment JOB AND FAMILY services in the discharge 4,707
of its duties and shall not be open to the public or be used in 4,709
any court in any action or proceeding pending therein, or be 4,710
admissible in evidence in any action, other than one arising 4,711
under those sections. All of the information and records 4,712
necessary or useful in the determination of any particular claim 4,713
for benefits or necessary in verifying any charge to an 4,714
employer's account under sections 4141.23 to 4141.26 of the 4,715
Revised Code shall be available for examination and use by the 4,716
employer and the employee involved or their authorized 4,717
representatives in the hearing of such cases, and that 4,718
information may be tabulated and published in statistical form
for the use and information of the state departments and the 4,719
public. 4,720
Sec. 4141.22. (A) No person shall disclose any 4,729
information that was maintained by the administrator DIRECTOR of 4,730
the bureau of employment JOB AND FAMILY services or furnished to 4,731
the administrator DIRECTOR by employers or employees pursuant to 4,734
Chapter 4141. of the Revised Code THIS CHAPTER, unless such
disclosure is permitted under section 4141.21 of the Revised 4,736
Code.
(B) No person in the employ of the administrator DIRECTOR 4,738
of the bureau of employment JOB AND FAMILY services OR A COUNTY 4,740
FAMILY SERVICES AGENCY OR A WORKFORCE DEVELOPMENT AGENCY, or who 4,741
has been in the employ of the administrator DIRECTOR OR THOSE 4,743
AGENCIES, at any time, shall divulge any information MAINTAINED 4,745
BY OR FURNISHED TO THE DIRECTOR UNDER THIS CHAPTER AND secured by 4,746
the person while so employed, in respect to the transactions, 4,747
property, business, or mechanical, chemical, or other industrial 4,748
process of any person, firm, corporation, association, or 4,749
partnership to any person other than the administrator DIRECTOR 4,750
or other employees of the bureau DEPARTMENT of employment JOB AND 4,753
FAMILY services OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE
105
DEVELOPMENT AGENCY, as required by the person's duties, or to 4,755
other persons as authorized by the administrator DIRECTOR under 4,756
section 4141.43 of the Revised Code. 4,757
Whoever violates this section shall be disqualified from 4,759
holding any appointment or employment by the administrator 4,760
DIRECTOR OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE 4,761
DEVELOPMENT AGENCY.
Sec. 4141.28. (A) Applications for determination of 4,770
benefit rights and claims for benefits shall be filed with a 4,771
deputy of the administrator DIRECTOR of the bureau of employment 4,773
JOB AND FAMILY services designated for the purpose. Such 4,774
applications and claims may also be filed with an employee of 4,775
another state or federal agency charged with the duty of 4,776
accepting applications and claims for unemployment benefits or 4,777
with an employee of the unemployment insurance commission of
Canada. 4,778
When a former employee of a state agency, board, or 4,780
commission that has terminated its operations files an 4,781
application under this division, the former employee shall give 4,782
notice that the agency, board, or commission has terminated its 4,783
operations. All notices or information required to be sent under 4,784
this chapter to or furnished by the applicant's employer shall be 4,785
sent to or furnished by the director of administrative services. 4,786
(B)(1) When an unemployed individual files an application 4,788
for determination of benefit rights, the administrator DIRECTOR 4,789
OF JOB AND FAMILY SERVICES shall furnish the individual with the 4,791
information specified in division (A) of section 4141.321 of the 4,792
Revised Code and with a pamphlet giving instructions for the 4,794
steps an applicant may take if the applicant's claim for benefits 4,795
is disallowed. The pamphlet shall state the applicant's right of 4,796
appeal, clearly describe the different levels of appeal, and 4,797
explain where and when each appeal must be filed. In filing an 4,798
application, the individual shall, for the individual's most 4,799
recent employment, furnish the administrator DIRECTOR with 4,800
106
either:
(a) The information furnished by the employer as provided 4,802
for in division (B)(2) of this section; 4,803
(b) The name and address of the employer for whom the 4,805
individual performed services and the individual's written 4,806
statement of the reason for separation from the employer. 4,807
Where the claimant has furnished information in accordance 4,809
with division (B)(1)(b) of this section, the administrator 4,810
DIRECTOR shall promptly send a notice in writing that such filing 4,811
has been made to the individual's most recent separating 4,812
employer, which notice shall request from the employer the reason 4,813
for the individual's unemployment. The administrator DIRECTOR 4,814
also may request from any base period employer information 4,815
necessary for the determination of the claimant's rights to 4,816
benefits. Information as to the reason for unemployment 4,818
preceding an additional claim shall be obtained in the same 4,819
manner. Requests for such information shall be dated by the 4,820
administrator DIRECTOR with the date on which they are mailed. 4,821
If the employer fails to mail or deliver such information within 4,822
ten working days from the date the administrator DIRECTOR mailed 4,823
and dated such request, and if necessary to assure prompt payment 4,825
of benefits when due, the administrator DIRECTOR shall make the 4,826
determination, and shall base the determination on such 4,827
information as is available to the administrator DIRECTOR, which 4,828
shall include the claimant's statement made under division 4,829
(B)(1)(b) of this section. The determination, as it relates to 4,830
the claimant's determination of benefit rights, shall be amended 4,831
upon receipt of correct remuneration information at any time 4,832
within the benefit year and any benefits paid and charged to an 4,833
employer's account prior to the receipt of such information shall 4,834
be adjusted, effective as of the beginning of the claimant's 4,835
benefit year. 4,836
(2) An employer who separates within any seven-day period 4,838
fifty or more individuals because of lack of work, and these 4,839
107
individuals upon separation will be unemployed as defined in 4,840
division (R) of section 4141.01 of the Revised Code, shall 4,841
furnish notice to the administrator DIRECTOR of the dates of 4,842
separation and the approximate number of individuals being 4,843
separated. The notice shall be furnished at least three working 4,844
days prior to the date of the first day of such separations. In 4,845
addition, at the time of separation the employer shall furnish to 4,846
the individual being separated or to the administrator DIRECTOR 4,847
separation information necessary to determine the individual's 4,848
eligibility, on forms and in a manner approved by the 4,849
administrator DIRECTOR.
An employer who operates multiple business establishments 4,851
at which both the effective authority for hiring and separation 4,852
of employees and payroll information is located and who, because 4,853
of lack of work, separates a total of fifty or more individuals 4,854
at two or more business establishments is exempt from the first 4,855
paragraph of division (B)(2) of this section. This paragraph 4,856
shall not be construed to relieve an employer who operates 4,857
multiple business establishments from complying with division 4,858
(B)(2) of this section where the employer separates fifty or more 4,859
individuals at any business establishment within a seven-day 4,860
period. 4,861
An employer of individuals engaged in connection with the 4,863
commercial canning or commercial freezing of fruits and 4,864
vegetables is exempt from the provision of division (B)(2) of 4,865
this section that requires an employer to furnish notice of 4,866
separation at least three working days prior to the date of the 4,867
first day of such separations. 4,868
(3) Where an individual at the time of filing an 4,870
application for determination of benefit rights furnishes 4,871
separation information provided by the employer or where the 4,872
employer has provided the administrator DIRECTOR with the 4,873
information in accordance with division (B)(2) of this section, 4,874
the administrator DIRECTOR shall make a determination of 4,875
108
eligibility on the basis of the information furnished. The 4,876
administrator DIRECTOR shall promptly notify all interested 4,877
parties under division (D)(1) of this section of the 4,878
determination.
(4) Where an employer has furnished separation information 4,880
under division (B)(2) of this section which is insufficient to 4,881
enable the administrator DIRECTOR to make a determination of a 4,882
claim for benefits of an individual, or where the individual 4,883
fails at the time of filing an application for determination of 4,884
benefit rights to produce the separation information furnished by 4,885
an employer, the administrator DIRECTOR shall follow the 4,886
provisions specified in division (B)(1) of this section. 4,887
(C) The administrator DIRECTOR shall promptly examine any 4,890
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator DIRECTOR shall 4,891
determine whether or not the application is valid, and if valid, 4,892
the date on which the benefit year shall commence and the weekly 4,893
benefit amount. The claimant, the most recent employer, and any 4,894
other employer in the claimant's base period shall promptly be 4,896
notified of the determination and the reasons therefor. In 4,897
addition, the determination issued to the claimant shall include 4,898
the total amount of benefits payable, and the determination 4,899
issued to each chargeable base period employer shall include the 4,900
total amount of benefits which may be charged to the employer's 4,901
account.
(D)(1) The administrator DIRECTOR shall examine the first 4,904
claim for benefits filed in any benefit year, and any additional 4,905
claim, and on the basis of any facts found by the administrator 4,906
DIRECTOR shall determine whether division (D) of section 4141.29 4,907
of the Revised Code is applicable to the claimant's most recent
separation and, to the extent necessary, prior separations from 4,908
work, and whether the separation reason is qualifying or 4,909
disqualifying for the ensuing period of unemployment. Notice of 4,910
such determination shall be mailed to the claimant, the 4,911
109
claimant's most recent separating employer, and any other 4,912
employer involved in the determination. 4,913
(a) Whenever the administrator DIRECTOR has reason to 4,915
believe that the unemployment of twenty-five or more individuals 4,916
relates to a labor dispute, the administrator DIRECTOR, within 4,917
five calendar days after their claims are filed, shall schedule a 4,918
hearing concerning the reason for unemployment. Notice of the 4,919
hearing shall be sent to all interested parties, including the 4,920
duly authorized representative of the parties, as provided in 4,921
division (D)(1) of this section. The hearing date shall be 4,922
scheduled so as to provide at least ten days' prior notice of the 4,923
time and date of the hearing. A similar hearing, in such cases, 4,924
may be scheduled when there is a dispute as to the duration or 4,925
ending date of the labor dispute. 4,926
(b) The administrator DIRECTOR shall appoint a hearing 4,928
officer to conduct the hearing of the case under division 4,929
(D)(1)(a) of this section. The hearing officer is not bound by 4,930
common law or statutory rules of evidence or by technical or 4,931
formal rules of procedure, but shall take any steps that are 4,932
reasonable and necessary to obtain the facts and determine 4,933
whether the claimants are entitled to benefits under the law. 4,934
The failure of any interested party to appear at the hearing 4,935
shall not preclude a decision based upon all the facts available 4,936
to the hearing officer. The proceeding at the hearing shall be 4,937
recorded by mechanical means or by other means prescribed by the 4,938
administrator DIRECTOR. The record need not be transcribed 4,939
unless an application for appeal is filed on the decision and the 4,940
chairperson of the unemployment compensation review commission 4,942
requests a transcript of the hearing within fourteen days after 4,943
the application for appeal is received by the commission. The 4,944
administrator DIRECTOR shall prescribe rules concerning the 4,946
conduct of the hearings and all related matters and appoint an 4,947
attorney to direct the operation of this function.
(c) The administrator DIRECTOR shall issue the hearing 4,949
110
officer's decisions and reasons therefor on the case within ten 4,950
calendar days after the hearing. The hearing officer's decision 4,951
issued by the administrator DIRECTOR is final unless an 4,952
application for appeal is filed with the review commission within 4,953
twenty-one days after the decision was mailed to all interested 4,955
parties. The administrator DIRECTOR, within the twenty-one-day 4,956
appeal period, may remove and vacate the decision and issue a 4,958
revised determination and appeal date.
(d) Upon receipt of the application for appeal, the full 4,960
review commission shall review the administrator's DIRECTOR'S 4,961
decision and either schedule a further hearing on the case or 4,963
disallow the application. The review commission shall review the 4,964
administrator's DIRECTOR'S decision within fourteen days after 4,965
receipt of the decision or the receipt of a transcript requested 4,967
under division (D)(1)(b) of this section, whichever is later. 4,968
(i) When a further hearing is granted, the commission 4,970
shall make the administrator's DIRECTOR'S decision and record of 4,972
the case, as certified by the administrator DIRECTOR, a part of 4,974
the record and shall consider the administrator's DIRECTOR'S 4,976
decision and record in arriving at a decision on the case. The 4,978
commission's decision affirming, modifying, or reversing the 4,980
administrator's DIRECTOR'S decision, following the further 4,981
appeal, shall be mailed to all interested parties within fourteen 4,982
days after the hearing. 4,983
(ii) A decision of the disallowance of a further appeal 4,985
shall be mailed to all interested parties within fourteen days 4,986
after the commission makes the decision to disallow. The 4,987
disallowance is deemed an affirmation of the administrator's 4,989
DIRECTOR'S decision. 4,990
(iii) The time limits specified in divisions (D)(1)(a), 4,992
(b), (c), and (d) of this section may be extended by agreement of 4,993
all interested parties or for cause beyond the control of the 4,994
administrator DIRECTOR or the commission. 4,995
(e) An appeal of the commission's decision issued under 4,997
111
division (D)(1)(d) of this section may be taken to the court of 4,998
common pleas as provided in division (O) of this section. 4,999
(f) A labor dispute decision involving fewer than 5,001
twenty-five individuals shall be determined under division (D)(1) 5,002
of this section and the review commission shall determine any 5,004
appeal from the decision pursuant to division (M) of this section 5,005
and within the time limits provided in division (D)(1)(d) of this 5,006
section. 5,007
(2) The determination of a first or additional claim, 5,009
including the reasons therefor, shall be mailed to the claimant, 5,010
the claimant's most recent separating employer, and any other 5,011
employer involved in the determination. 5,012
When the determination of a continued claim results in a 5,015
disallowed claim, the administrator DIRECTOR shall notify the
claimant of such disallowance and the reasons therefor. 5,016
(3) Where the claim for benefits is directly attributable 5,018
to unemployment caused by a major disaster, as declared by the 5,019
president of the United States pursuant to the "Disaster Relief 5,020
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 5,021
filing the claim would otherwise have been eligible for disaster 5,022
unemployment assistance under that act, then upon application by 5,023
the employer any benefits paid on the claim shall not be charged 5,024
to the account of the employer who would have been charged on 5,025
such claim but instead shall be charged to the mutualized account 5,026
described in section 4141.25 of the Revised Code, provided that 5,027
this division is not applicable to an employer electing 5,028
reimbursing status under section 4141.241 of the Revised Code, 5,029
except reimbursing employers for whom benefit charges are charged 5,030
to the mutualized account pursuant to division (D)(2) of section 5,032
4141.24 of the Revised Code. 5,033
(4)(a) An individual filing a new claim for unemployment 5,035
compensation shall disclose, at the time of filing, whether or 5,036
not the individual owes child support obligations. In such a 5,037
case, the administrator DIRECTOR shall notify the state 5,038
112
APPROPRIATE WORK UNIT WITHIN THE DEPARTMENT or THE local child 5,039
support enforcement agency enforcing the obligation only if the 5,040
claimant has been determined to be eligible for unemployment 5,041
compensation. 5,042
(b) The administrator DIRECTOR shall deduct and withhold 5,044
from unemployment compensation payable to an individual who owes 5,045
child support obligations: 5,046
(i) Any amount required to be deducted and withheld from 5,048
the unemployment compensation pursuant to legal process, as that 5,049
term is defined in section 459(i)(5) of the "Social Security 5,050
Act," as amended by the "Personal Responsibility and Work 5,051
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 5,052
U.S.C. 659, and properly served upon the administrator DIRECTOR, 5,053
as described in division (D)(4)(c) of this section; or 5,054
(ii) Where division (D)(4)(b)(i) of this section is 5,056
inapplicable, in the amount determined pursuant to an agreement 5,057
submitted to the administrator DIRECTOR under section 5,058
454(19)(B)(i) of the "Social Security Act," 88 Stat. 2351, 42 5,059
U.S.C. 654, as amended, by the state or local child support 5,060
enforcement agency; or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 5,062
section is applicable, then in the amount specified by the 5,063
individual. 5,064
(c) The administrator DIRECTOR shall receive all legal 5,067
process described in division (D)(4)(b)(i) of this section from 5,068
each local child support enforcement agency, which legal process 5,069
was issued by the agency under section 2301.371 of the Revised 5,070
Code or otherwise was issued by the agency. The processing of 5,071
cases under part D of Title IV of the "Social Security Act," 88 5,072
Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall be 5,073
determined pursuant to agreement between the administrator and 5,074
the state department of human services. The department shall 5,075
pay, pursuant to that agreement, all of the costs of the bureau 5,076
of employment services that are associated with a deduction and 5,077
113
withholding under division (D)(4)(b)(i) and (ii) of this section. 5,078
(d) The amount of unemployment compensation subject to 5,080
being withheld pursuant to division (D)(4)(b) of this section is 5,081
that amount which remains payable to the individual after 5,082
application of any recoupment provisions for recovery of 5,083
overpayments and after deductions which have been made under this 5,084
chapter for deductible income received by the individual. 5,085
Effective for applications to establish unemployment compensation 5,086
benefit rights filed after December 27, 1997, the amount withheld 5,087
with respect to a week of unemployment benefits shall not exceed 5,088
fifty per cent of the individual's weekly benefit amount as 5,089
determined by the administrator DIRECTOR.
(e) Any amount deducted and withheld under division 5,091
(D)(4)(b) of this section shall be paid to the appropriate state 5,092
or local child support enforcement agency in the following 5,093
manner: 5,094
(i) The administrator DIRECTOR shall determine the amounts 5,096
that are to be deducted and withheld on a per county basis. 5,097
(ii) For each county, the administrator DIRECTOR shall 5,099
forward to the local child support enforcement agency of the 5,101
county, at intervals to be determined pursuant to the agreement 5,102
referred to in division (D)(4)(c) of this section, the amount 5,103
determined for that county under division (D)(4)(e)(i) of this 5,104
section for disbursement to the obligees or assignees of such 5,105
support obligations. 5,106
(f) Any amount deducted and withheld under division 5,108
(D)(4)(b) of this section shall for all purposes be treated as if 5,109
it were paid to the individual as unemployment compensation and 5,110
paid by the individual to the state or local child support agency 5,111
in satisfaction of the individual's child support obligations. 5,112
(g) Division (D)(4) of this section applies only if 5,114
appropriate arrangements have been made for reimbursement by the 5,115
state or local child support enforcement agency for the 5,116
administrative costs incurred by the administrator DIRECTOR under 5,117
114
this section which are associated with or attributable to child 5,118
support obligations being enforced by the state or local child 5,119
support enforcement agency. 5,120
(h) As used in division (D)(4) of this section: 5,122
(i) "Child support obligations" means only obligations 5,124
which are being enforced pursuant to a plan described in section 5,125
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 5,126
as amended, which has been approved by the United States 5,127
secretary of health and human services under part D of Title IV 5,128
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 5,129
amended. 5,130
(ii) "State child support enforcement agency" means the 5,132
WORK UNIT WITHIN THE department of human JOB AND FAMILY services, 5,134
bureau of child support OR THE STATE AGENCY OF ANOTHER STATE, 5,135
designated as the single state agency for the administration of 5,136
the program of child support enforcement pursuant to part D of 5,137
Title IV of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 5,138
651, as amended. 5,139
(iii) "Local child support enforcement agency" means a 5,141
child support enforcement agency or any other agency of a 5,142
political subdivision of the state operating pursuant to a plan 5,143
mentioned in division (D)(4)(h)(i) of this section. 5,144
(iv) "Unemployment compensation" means any compensation 5,146
payable under this chapter including amounts payable by the 5,147
administrator DIRECTOR pursuant to an agreement under any federal 5,149
law providing for compensation, assistance, or allowances with 5,150
respect to unemployment. 5,151
(E)(1) Any base period or subsequent employer of a 5,153
claimant who has knowledge of specific facts affecting such 5,154
claimant's right to receive benefits for any week may notify the 5,155
administrator DIRECTOR in writing of such facts. The 5,156
administrator DIRECTOR shall prescribe a form to be used for such 5,158
eligibility notice, but failure to use the prescribed form shall 5,159
not preclude the administrator's DIRECTOR'S examination of any 5,160
115
notice.
(2) An eligibility notice is timely filed if received by 5,162
the administrator DIRECTOR or postmarked prior to or within 5,164
forty-five calendar days after the end of the week with respect 5,165
to which a claim for benefits is filed by the claimant. An 5,166
employer who does not timely file an eligibility notice shall not 5,167
be an interested party with respect to the claim for benefits 5,168
which is the subject of the notice.
(3) The administrator DIRECTOR shall consider the 5,170
information contained in the eligibility notice, together with 5,171
other facts found by the administrator DIRECTOR and, after giving 5,173
notice to the claimant, shall determine, unless a prior 5,174
determination on the same eligibility issue has become final, 5,175
whether such claim shall be allowed or disallowed, and shall mail 5,176
notice of such determination to the notifying employer who timely 5,178
filed the eligibility notice, to the claimant, and to other 5,179
interested parties. If the determination disallows benefits for 5,180
any week in question, the payment of benefits with respect to 5,181
that week shall be withheld pending further appeal, or an 5,182
overpayment order shall be issued by the administrator DIRECTOR 5,183
as prescribed in section 4141.35 of the Revised Code, if 5,184
applicable. 5,185
(F) In making determinations, the administrator DIRECTOR 5,188
shall follow decisions of the unemployment compensation review 5,189
commission which have become final with respect to claimants 5,190
similarly situated.
(G)(1) Until October 1, 1998, any interested party 5,193
notified of a determination of an application for determination 5,194
of benefit rights or a claim for benefits may, within twenty-one 5,195
calendar days after the notice was mailed to the party's last 5,196
known post-office address, apply in writing for a reconsideration 5,197
of the administrator's DIRECTOR'S determination. 5,198
On and after October 1, 1998, any party notified of a 5,201
determination may appeal within twenty-one calendar days after 5,202
116
notice was mailed to the party's last known post-office address 5,203
or within an extended period pursuant to division (Q) of this 5,205
section. Upon receipt of the appeal, the administrator DIRECTOR 5,206
either shall issue a redetermination within twenty-one days of 5,207
receipt or transfer the appeal to the commission, which shall 5,208
acquire jurisdiction over the appeal. If the administrator 5,209
DIRECTOR issues a redetermination, the redetermination shall void 5,211
the prior determination. A redetermination under this section is 5,212
appealable to the same extent that a determination is appealable. 5,214
(2) If the administrator DIRECTOR finds within the benefit 5,217
year that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 5,219
information as provided in division (B) of this section or any 5,220
typographical or clerical error in the administrator's DIRECTOR'S 5,221
determination, the administrator DIRECTOR shall issue a corrected 5,224
determination to all interested parties, which determination 5,225
shall take precedence over and void the prior determination of 5,226
the administrator DIRECTOR, provided no appeal has been filed 5,227
with the commission.
(3) If benefits are allowed by the administrator DIRECTOR 5,229
in a determination, or in a decision by a hearing officer, the 5,231
review commission, or a court, the benefits shall be paid 5,232
promptly, notwithstanding any further appeal, provided that if 5,233
benefits are denied on appeal, of which the parties have notice 5,234
and an opportunity to be heard, the payment of benefits shall be 5,236
withheld pending a decision on any further appeal. 5,237
(4) Any benefits paid to a claimant under this section 5,239
prior to a final determination of the claimant's right to the 5,240
benefits shall be charged to the employer's account as provided 5,242
in division (D) of section 4141.24 of the Revised Code, provided 5,243
that if there is no final determination of the claim by the 5,244
subsequent thirtieth day of June, the employer's account will be 5,245
credited with the total amount of benefits which has been paid 5,246
prior to that date, based on the determination which has not 5,247
117
become final. The total amount credited to the employer's 5,248
account shall be charged to a suspense account which shall be 5,249
maintained as a separate bookkeeping account and administered as 5,250
a part of section 4141.24 of the Revised Code, and shall not be 5,251
used in determining the account balance of the employer for the 5,252
purpose of computing the employer's contribution rate under 5,253
section 4141.25 of the Revised Code. If it is finally determined 5,254
that the claimant is entitled to all or a part of the benefits in 5,255
dispute, the suspense account shall be credited and the 5,256
appropriate employer's account charged with the benefits. If it 5,257
is finally determined that the claimant is not entitled to all or 5,258
any portion of the benefits in dispute, the benefits shall be 5,259
credited to the suspense account and a corresponding charge made 5,260
to the mutualized account established in division (B) of section 5,261
4141.25 of the Revised Code, provided that, except as otherwise 5,263
provided in this division, if benefits are chargeable to an 5,264
employer or group of employers who is required or elects to make 5,265
payments to the fund in lieu of contributions under section 5,266
4141.241 of the Revised Code, the benefits shall be charged to 5,267
the employer's account in the manner provided in division (D) of 5,268
section 4141.24 and division (B) of section 4141.241 of the 5,269
Revised Code, and no part of the benefits may be charged to the 5,270
suspense account provided in this division. To the extent that 5,271
benefits which have been paid to a claimant and charged to the 5,272
employer's account are found not to be due the claimant and are 5,273
recovered by the administrator DIRECTOR as provided in section 5,274
4141.35 of the Revised Code, they shall be credited to the 5,275
employer's account.
(H) Until October 1, 1998, any interested party may appeal 5,278
the administrator's DIRECTOR'S decision on reconsideration to the 5,279
commission and unless an appeal is filed from such decision on 5,281
reconsideration with the commission within twenty-one calendar 5,283
days after such decision was mailed to the last known post-office 5,284
address of the appellant, or within an extended period pursuant 5,285
118
to division (Q) of this section, such decision on reconsideration 5,286
is final and benefits shall be paid or denied in accordance 5,287
therewith. The date of the mailing provided by the administrator 5,288
DIRECTOR on determination or decision on reconsideration is 5,289
sufficient evidence upon which to conclude that the determination 5,290
or decision on reconsideration was mailed on that date. 5,291
On and after October 1, 1998, the date of the mailing 5,294
provided by the administrator DIRECTOR on the determination or 5,295
redetermination is sufficient evidence upon which to conclude 5,296
that the determination or redetermination was mailed on that
date. 5,297
(I) Appeals may be filed with the administrator DIRECTOR, 5,300
commission, with an employee of another state or federal agency 5,302
charged with the duty of accepting claims, or with the 5,303
unemployment insurance commission of Canada. 5,304
(1) Any timely written notice that the interested party 5,307
desires to appeal shall be accepted.
(2) The administrator DIRECTOR, commission, or authorized 5,309
agent must receive the appeal within the specified appeal period 5,311
in order for the appeal to be deemed timely filed, except that: 5,312
(a) If the United States postal service is used as the 5,314
means of delivery, the enclosing envelope must have a postmark 5,315
date, as governed by United States postal regulations, that is on 5,316
or before the last day of the specified appeal period; and 5,317
(b) Where the postmark date is illegible or missing, the 5,319
appeal is timely filed if received no later than the end of the 5,321
third calendar day following the last day of the specified appeal 5,322
period.
(3) The administrator DIRECTOR may adopt rules pertaining 5,324
to alternate methods of filing appeals. 5,325
(J) When an appeal from a determination of the 5,329
administrator DIRECTOR is taken to the commission at the hearing 5,330
officer level, all interested parties shall be notified and the 5,332
commission, after affording such parties reasonable opportunity 5,334
119
for a fair hearing, shall affirm, modify, or reverse the 5,335
determination of the administrator DIRECTOR in the manner that 5,336
appears just and proper. However, the commission may refer a 5,337
case to the administrator DIRECTOR for a redetermination if the 5,338
commission decides that the case does not require a hearing. In 5,339
the conduct of a hearing by a hearing officer or any other 5,341
hearing on appeal to the commission which is provided in this 5,342
section, the hearing officers are not bound by common law or 5,345
statutory rules of evidence or by technical or formal rules of 5,346
procedure. The hearing officers shall take any steps in the 5,349
hearings, consistent with the impartial discharge of their 5,350
duties, which appear reasonable and necessary to ascertain the 5,351
facts and determine whether the claimant is entitled to benefits 5,352
under the law. The hearings shall be de novo, except that the 5,354
administrator's DIRECTOR'S file pertaining to a case shall be 5,355
included in the record to be considered. 5,357
The hearing officers may conduct any such hearing in person 5,361
or by telephone. The commission shall adopt rules which 5,363
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 5,366
opportunity to object to a hearing by telephone, and govern the 5,367
conduct of hearings by telephone. An interested party whose 5,368
hearing would be by telephone pursuant to the commission rules 5,369
may elect to have an in-person hearing, provided that the party 5,370
electing the in-person hearing agrees to have the hearing at the 5,371
time and place the commission determines pursuant to rule. 5,372
(1) The failure of the claimant or other interested party 5,374
to appear at a hearing, unless the claimant or interested party 5,375
is the appealing party, shall not preclude a decision in the 5,377
claimant's or interested party's favor, if on the basis of all 5,378
the information in the record, including that contained in the 5,379
file of the administrator DIRECTOR, the claimant or interested 5,380
party is entitled to the decision. 5,381
(2) If the party appealing fails to appear at the hearing, 5,383
120
the hearing officer shall dismiss the appeal, provided that the 5,387
hearing officer or commission shall vacate the dismissal upon a 5,389
showing that due notice of the hearing was not mailed to such 5,390
party's last known address or good cause for the failure to 5,391
appear is shown to the commission within fourteen days after the 5,394
hearing date. No further appeal from the decision may thereafter 5,395
be instituted by such party. If the other party fails to appear 5,396
at the hearing, the hearing officer shall proceed with the 5,399
hearing and shall issue a decision based on the evidence of 5,400
record, including the administrator's DIRECTOR'S file. The 5,402
commission shall vacate the decision upon a showing that due 5,405
notice of the hearing was not mailed to such party's last known 5,406
address or good cause for such party's failure to appear is shown 5,407
to the commission within fourteen days after the hearing date. 5,409
(3) Where a party requests that a hearing be scheduled in 5,411
the evening because the party is employed during the day, the 5,412
commission shall schedule the hearing during such hours as the 5,415
party is not employed. 5,416
(4) The interested parties may waive, in writing, the 5,419
hearing. If the parties waive the hearing, the hearing officer 5,420
shall issue a decision based on the evidence of record, including 5,421
the administrator's DIRECTOR'S file. 5,422
(K) The proceedings at the hearing before the hearing 5,424
officer, shall be recorded by mechanical means or otherwise as 5,427
may be prescribed by the commission. In the absence of further 5,428
proceedings, the record that is made need not be transcribed. 5,430
(L) All interested parties shall be notified of the 5,432
hearing officer's decision, which shall include the reasons 5,434
therefor. The hearing officer's decision shall become final 5,435
unless, within twenty-one days after the decision was mailed to 5,436
the last known post-office address of such parties, or within an 5,437
extended period pursuant to division (Q) of this section, the 5,438
commission on its own motion removes or transfers such claim to 5,440
the review level, or upon a request for review that is filed by 5,442
121
an interested party and is allowed by the commission. 5,444
(M) In the conduct of a hearing by the commission or a 5,447
hearing officer at the review level, the commission and the 5,448
hearing officers are not bound by common law or statutory rules 5,449
of evidence or by technical or formal rules of procedure. The 5,450
commission and the hearing officers shall take any steps in the 5,451
hearings, consistent with the impartial discharge of their 5,452
duties, that appear reasonable and necessary to ascertain the 5,453
facts and determine whether the claimant is entitled to benefits
under the law. 5,454
(1) The review commission, or a hearing officer designated 5,457
by the commission, shall consider an appeal at the review level 5,458
under the following circumstances:
(a) When an appeal is required to be heard initially by 5,461
the commission pursuant to this chapter; 5,462
(b) When the commission on its own motion removes an 5,465
appeal within twenty-one days after a hearing officer issues the 5,466
hearing officer's decision in the case; 5,467
(c) When a hearing officer refers an appeal to the 5,470
commission within twenty-one days after the hearing officer 5,471
issues the hearing officer's decision in the case; 5,472
(d) When an interested party files a request for review 5,475
with the commission within twenty-one days after the date a 5,476
hearing officer issues the hearing officer's decision in the 5,477
case. The commission shall disallow the request for review if it 5,478
is not timely filed.
The commission may remove, and a hearing officer may refer, 5,481
appeals involving decisions of potentially precedential value. 5,482
(2) If a request for review is timely filed, the 5,484
commission shall decide whether to allow or disallow the request 5,486
for review.
If the request for review is disallowed, the commission 5,488
shall notify all interested parties of that fact. The 5,489
disallowance of a request for review constitutes a final decision 5,491
122
by the commission for purposes of appeal to court. If the 5,492
request for review is allowed, the commission shall notify all 5,493
interested parties of that fact, and the commission shall provide 5,494
a reasonable period of time, as the commission defines by rule, 5,495
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 5,496
shall do one of the following at the review level: 5,497
(a) Affirm the decision of the hearing officer; 5,500
(b) Order that the case be heard or reheard by a hearing 5,503
officer;
(c) Order that the case be heard or reheard by a hearing 5,506
officer as a potential precedential decision; 5,507
(d) Order that the decision be rewritten. 5,510
(3) The commission shall send notice to all interested 5,512
parties when it orders a case to be heard or reheard. The notice 5,514
shall include the reasons for the hearing or rehearing. If the 5,515
commission identifies an appeal as a potentially precedential 5,516
case, the commission shall notify the administrator DIRECTOR and 5,517
other interested parties of the special nature of the hearing. 5,518
(N) Whenever the administrator DIRECTOR and the 5,520
chairperson of the review commission determine in writing and 5,521
certify jointly that a controversy exists with respect to the 5,523
proper application of this chapter to more than five hundred 5,524
claimants similarly situated whose claims are pending before the 5,525
administrator DIRECTOR or the review commission or both on 5,526
redetermination or appeal applied for or filed by three or more 5,529
employers or by such claimants, the chairperson of the review 5,531
commission shall select one such claim which is representative of 5,533
all such claims and assign it for a fair hearing and decision. 5,534
Any other claimant or employer in the group who makes a timely 5,535
request to participate in the hearing and decision shall be given 5,536
a reasonable opportunity to participate as a party to the 5,537
proceeding.
Such joint certification by the administrator DIRECTOR and 5,539
123
the chairperson of the commission shall constitute a stay of 5,540
further proceedings in the claims of all claimants similarly 5,542
situated until the issue or issues in controversy are adjudicated 5,543
by the supreme court of Ohio. At the time the decision of the 5,544
commission is issued, the chairperson shall certify the 5,546
commission's decision directly to the supreme court of Ohio and 5,549
the chairperson shall file with the clerk of the supreme court a 5,551
certified copy of the transcript of the proceedings before the 5,552
commission pertaining to such decision. Hearings on such issues 5,554
shall take precedence over all other civil cases. If upon 5,555
hearing and consideration of such record the court decides that 5,556
the decision of the commission is unlawful, the court shall 5,558
reverse and vacate the decision or modify it and enter final 5,559
judgment in accordance with such modification; otherwise such 5,560
court shall affirm such decision. The notice of the decision of 5,561
the commission to the interested parties shall contain a 5,563
certification by the chairperson of the commission that the 5,564
decision is of great public interest and that a certified 5,566
transcript of the record of the proceedings before the commission 5,567
has been filed with the clerk of the supreme court as an appeal 5,569
to the court. Promptly upon the final judgment of the court, the 5,570
administrator DIRECTOR and the commission shall decide those 5,571
claims pending before them where the facts are similar and shall 5,573
notify all interested parties of such decision and the reason 5,574
therefor in the manner provided for in this section. Nothing in 5,575
this division shall be construed so as to deny the right of any 5,576
such claimant, whose claim is pending before the administrator 5,577
DIRECTOR on redetermination or before the commission, to apply 5,580
for and be granted an opportunity for a fair hearing to show that 5,581
the facts in the claimant's case are different from the facts in 5,582
the claim selected as the representative claim as provided in 5,583
this division, nor shall any such claimant be denied the right to
appeal the decision of the administrator DIRECTOR or the 5,584
commission which is made as a result of the decision of the court 5,586
124
in the representative case.
(O)(1) Any interested party as defined in division (I) of 5,588
section 4141.01 of the Revised Code, within thirty days after 5,589
notice of the decision of the commission was mailed to the last 5,591
known post-office address of all interested parties, may appeal 5,592
from the decision of the commission to the court of common pleas 5,594
of the county where the appellant, if an employee, is resident or 5,595
was last employed or of the county where the appellant, if an 5,596
employer, is resident or has the principal place of business in 5,597
this state. The commission shall provide on its decision the 5,599
names and addresses of all interested parties. Such appeal shall 5,600
be taken within such thirty days by the appellant by filing a 5,601
notice of appeal with the clerk of the court of common pleas. 5,602
Such filing shall be the only act required to perfect the appeal 5,603
and vest jurisdiction in the court. Failure of an appellant to 5,604
take any step other than timely filing of a notice of appeal does 5,605
not affect the validity of the appeal, but is grounds only for 5,606
such action as the court deems appropriate, which may include 5,607
dismissal of the appeal. Such notice of appeal shall set forth 5,608
the decision appealed from. The appellant shall mail a copy of 5,609
the notice of appeal to the commission and to all interested 5,611
parties by certified mail to their last known post-office address 5,612
and proof of the mailing of the notice shall be filed with the 5,613
clerk within thirty days of filing the notice of appeal. All 5,614
interested parties shall be made appellees. The commission upon 5,616
receipt of the notice of appeal shall within thirty days file 5,617
with the clerk a certified transcript of the record of the 5,618
proceedings before the commission pertaining to the decision 5,620
complained of, and mail a copy of the transcript to the 5,621
appellant's attorney or to the appellant, if not represented by 5,622
counsel. The appellant shall file a statement of the assignments 5,623
of error presented for review within sixty days of the filing of 5,624
the notice of appeal with the court. The appeal shall be heard 5,625
upon such record certified by the commission. After an appeal 5,627
125
has been filed in the court, the commission may, by petition, be 5,629
made a party to such appeal. If the court finds that the 5,630
decision was unlawful, unreasonable, or against the manifest 5,631
weight of the evidence, it shall reverse and vacate such decision 5,632
or it may modify such decision and enter final judgment in 5,633
accordance with such modification; otherwise such court shall 5,634
affirm such decision. Any interested party shall have the right 5,635
to appeal from the decision of the court as in civil cases. 5,636
(2) If an appeal is filed after the thirty-day appeal 5,638
period established in division (O)(1) of this section, the court 5,639
of common pleas shall conduct a hearing to determine whether the 5,640
appeal was timely filed pursuant to division (Q) of this section. 5,642
At the hearing, additional evidence may be introduced and oral 5,643
arguments may be presented regarding the timeliness of the filing 5,644
of the appeal. If the court of common pleas determines that the 5,645
time for filing the appeal is extended as provided in division 5,646
(Q) of this section and that the appeal was filed within the 5,648
extended time provided in that division, the court shall 5,649
thereafter make its decision on the merits of the appeal. If the 5,650
court of common pleas determines that the time for filing the 5,651
appeal may not be extended as provided in division (Q) of this 5,653
section, the court shall dismiss the appeal accordingly. The 5,654
determination on timeliness by the court of common pleas may be 5,655
appealed to the court of appeals as in civil cases, and such 5,656
appeal shall be consolidated with any appeal from the decision by 5,657
the court of common pleas on the merits of the appeal. 5,658
(P) Any appeal from a determination or redetermination of 5,662
the administrator DIRECTOR or a decision or order of the 5,663
commission may be executed in behalf of any party or any group of 5,666
claimants by an agent.
(Q) The time for filing an appeal, a request for review, 5,670
or a court appeal under this section shall be extended as 5,672
follows:
(1) When the last day of an appeal period is a Saturday, 5,674
126
Sunday, or legal holiday, the appeal period is extended to the 5,675
next work day after the Saturday, Sunday, or legal holiday; or. 5,676
(2) When an interested party provides certified medical 5,678
evidence stating that the interested party's physical condition 5,679
or mental capacity prevented the interested party from filing a 5,680
an appeal or request for review pursuant to division (G), (H), or 5,682
(L) of this section within the appropriate twenty-one-day period, 5,683
the appeal period is extended to twenty-one days after the end of 5,684
the physical or mental condition and the appeal, or request for 5,686
review is considered timely filed if filed within that extended 5,688
period;.
(3) When an interested party provides evidence, which 5,690
evidence may consist of testimony from the interested party, that 5,691
is sufficient to establish that the party did not actually 5,692
receive the determination or decision within the applicable 5,694
appeal period pursuant to division (G), (H), or (L) of this 5,695
section, and the administrator DIRECTOR or the commission finds 5,696
that the interested party did not actually receive the 5,698
determination or decision within the applicable appeal period, 5,699
then the appeal period is extended to twenty-one days after the 5,700
interested party actually receives the determination or decision. 5,701
(4) When an interested party provides evidence, which 5,703
evidence may consist of testimony from the interested party, that 5,704
is sufficient to establish that the party did not actually 5,705
receive a decision within the thirty-day appeal period provided 5,706
in division (O)(1) of this section, and a court of common pleas 5,707
finds that the interested party did not actually receive the 5,708
decision within that thirty-day appeal period, then the appeal 5,709
period is extended to thirty days after the interested party 5,710
actually receives the decision. 5,711
(R) No finding of fact or law, decision, or order of the 5,713
administrator DIRECTOR, hearing officer, or the review 5,714
commission, or a reviewing court pursuant to this section, shall 5,717
be given collateral estoppel or res judicata effect in any 5,718
127
separate or subsequent judicial, administrative, or arbitration 5,719
proceeding, other than a proceeding arising under this chapter. 5,720
Sec. 5101.01. As used in the Revised Code, the "department 5,729
of public welfare" means AND the "department of human services," 5,731
MEAN THE DEPARTMENT OF JOB AND FAMILY SERVICES and the "director 5,732
of public welfare" means AND the "director of human services" 5,733
MEAN THE DIRECTOR OF JOB AND FAMILY SERVICES. Whenever the 5,734
department or director of public welfare OR THE DEPARTMENT OR 5,736
DIRECTOR OF HUMAN SERVICES is referred to or designated in any 5,737
statute, rule, contract, GRANT, or other document, the reference 5,739
or designation shall be deemed to refer to the department or 5,740
director of human JOB AND FAMILY services, as the case may be. 5,741
Sec. 5101.02. The director of human JOB AND FAMILY 5,750
services is the executive head of the department of human JOB AND 5,752
FAMILY services. All duties conferred on the various offices, 5,754
divisions, bureaus, sections, and institutions WORK UNITS of the 5,755
department by law or by order of the director shall be performed 5,756
under such rules as the director prescribes, and shall be under 5,758
the director's control.
Sec. 5101.05. Except as otherwise provided as to 5,767
appointments by chiefs of divisions, the THE director of human 5,768
JOB AND FAMILY services shall MAY appoint such employees as are 5,769
necessary for the efficient conduct OPERATION of the department 5,770
and OF JOB AND FAMILY SERVICES. THE DIRECTOR MAY prescribe their 5,772
titles THE TITLE and duties OF THE EMPLOYEES. 5,773
Sec. 5101.051. IF THE DIRECTOR OF JOB AND FAMILY SERVICES 5,775
DETERMINES THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY 5,776
SERVICES CAN BEST BE FILLED IN ACCORDANCE WITH DIVISION (A)(2) OF 5,777
SECTION 124.30 OF THE REVISED CODE OR WITHOUT REGARD TO A 5,778
RESIDENCY REQUIREMENT ESTABLISHED BY A RULE ADOPTED BY THE 5,779
DIRECTOR OF ADMINISTRATIVE SERVICES, THE DIRECTOR OF JOB AND
FAMILY SERVICES SHALL PROVIDE THE DIRECTOR OF ADMINISTRATIVE 5,780
SERVICES CERTIFICATION OF THE DETERMINATION. 5,781
Sec. 5101.06. The director of human JOB AND FAMILY 5,790
128
services may establish offices, divisions, bureaus, and sections 5,792
and prescribe their powers and duties WORK UNITS WITHIN THE 5,793
DEPARTMENT OF JOB AND FAMILY SERVICES AS NECESSARY FOR THE 5,794
EFFICIENT OPERATION OF THE DEPARTMENT. THE DIRECTOR SHALL 5,795
APPOINT THE CHIEF OF EACH WORK UNIT.
Sec. 5101.08. The department DIRECTOR of human JOB AND 5,805
FAMILY services shall MAY require any of its THE employees and 5,807
each officer and employee of every institution under its control 5,808
OF THE DEPARTMENT OF JOB AND FAMILY SERVICES who may be charged 5,809
with custody or control of any PUBLIC money or property belonging 5,810
to the state or who is required to give bond, to give a surety 5,811
company bond, properly conditioned, in a sum to be fixed by the 5,813
department DIRECTOR which when approved by the department 5,815
DIRECTOR, shall be filed in the office of the secretary of state. 5,817
The cost of such bonds, when approved by the department DIRECTOR, 5,818
shall be paid from funds available for the department. The bonds 5,819
required or authorized by this section may, in the discretion of 5,820
the director of human services, be individual, schedule, or 5,821
blanket bonds.
Sec. 5101.09. (A) WHEN THE DIRECTOR OF JOB AND FAMILY 5,823
SERVICES IS AUTHORIZED BY THE REVISED CODE TO ADOPT A RULE, THE 5,824
DIRECTOR SHALL ADOPT THE RULE IN ACCORDANCE WITH THE FOLLOWING: 5,825
(1) CHAPTER 119. OF THE REVISED CODE IF ANY OF THE 5,827
FOLLOWING APPLY: 5,829
(a) THE RULE CONCERNS THE ADMINISTRATION OR ENFORCEMENT OF 5,831
CHAPTER 4141. OF THE REVISED CODE; 5,832
(b) THE RULE CONCERNS A PROGRAM ADMINISTERED BY THE 5,834
DEPARTMENT OF JOB AND FAMILY SERVICES, UNLESS THE STATUTE 5,835
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,836
WITH SECTION 111.15 OF THE REVISED CODE; 5,837
(c) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,839
RULE BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,841
CODE.
(2) SECTION 111.15 OF THE REVISED CODE, EXCLUDING 5,843
129
DIVISIONS (D) AND (E) OF THAT SECTION, IF EITHER OF THE FOLLOWING 5,845
APPLY: 5,846
(a) THE RULE CONCERNS THE DAY-TO-DAY STAFF PROCEDURES AND 5,848
OPERATIONS OF THE DEPARTMENT OR FINANCIAL AND OPERATIONAL MATTERS 5,849
BETWEEN THE DEPARTMENT AND ANOTHER GOVERNMENT ENTITY OR A PRIVATE 5,851
ENTITY RECEIVING A GRANT FROM THE DEPARTMENT, UNLESS THE STATUTE 5,852
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,853
WITH CHAPTER 119. OF THE REVISED CODE; 5,854
(b) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,856
RULE BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 5,857
CODE AND, BY THE TERMS OF DIVISION (D) OF THAT SECTION, DIVISION 5,859
(D) OF THAT SECTION DOES NOT APPLY TO THE RULE.
(3) SECTION 111.15 OF THE REVISED CODE, INCLUDING 5,861
DIVISIONS (D) AND (E) OF THAT SECTION, IF THE STATUTE AUTHORIZING 5,863
THE RULE REQUIRES THAT THE RULE BE ADOPTED IN ACCORDANCE WITH
THAT SECTION AND THE RULE IS NOT EXEMPT FROM THE APPLICATION OF 5,864
DIVISION (D) OF THAT SECTION. 5,865
(B) EXCEPT AS OTHERWISE REQUIRED BY THE REVISED CODE, THE 5,868
ADOPTION OF A RULE IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,869
CODE DOES NOT MAKE THE DEPARTMENT OF JOB AND FAMILY SERVICES, A 5,871
COUNTY FAMILY SERVICES AGENCY, OR A WORKFORCE DEVELOPMENT AGENCY 5,872
SUBJECT TO THE NOTICE, HEARING, OR OTHER REQUIREMENTS OF SECTIONS
119.06 TO 119.13 OF THE REVISED CODE. AS USED IN THIS DIVISION, 5,874
"WORKFORCE DEVELOPMENT AGENCY" HAS THE SAME MEANING AS IN SECTION
6301.01 OF THE REVISED CODE. 5,875
Sec. 5101.10. The director of human JOB AND FAMILY 5,884
services may expend funds appropriated or available to the 5,886
department of human JOB AND FAMILY services for the purposes of 5,887
the administration of, and training, education, and research in, 5,889
human services from public or private entities, including other 5,892
governmental agencies; public or private institutions, 5,893
organizations, agencies, and corporations; and individuals. For
purposes of this section, the director may enter into contracts 5,894
or agreements with public and private entities and make grants to 5,895
130
public and private entities. TO THE EXTENT PERMITTED BY FEDERAL 5,896
LAW, THE DIRECTOR MAY ADVANCE FUNDS TO A GRANTEE WHEN NECESSARY 5,897
FOR THE GRANTEE TO PERFORM DUTIES UNDER THE GRANT AS SPECIFIED BY 5,898
THE DIRECTOR.
The department DIRECTOR may adopt INTERNAL MANAGEMENT rules 5,901
in accordance with section 111.15 of the Revised Code to define 5,903
terms and adopt procedures and other provisions necessary to
implement this section. 5,904
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 5,913
5101.24 of the Revised Code, county social service "WORKFORCE 5,915
DEVELOPMENT agency" and social service duty "WORKFORCE 5,917
DEVELOPMENT ACTIVITY" have the same meanings as in section 5,918
307.981 6301.01 of the Revised Code.
(B) The director of human JOB AND FAMILY services shall 5,920
enter into a written partnership agreement with each board of 5,923
county commissioners.
(C)(1) EACH PARTNERSHIP AGREEMENT SHALL INCLUDE PROVISIONS 5,925
regarding the administration and design of ALL OF the FOLLOWING: 5,926
(a) THE Ohio works first program established under Chapter 5,929
5107. of the Revised Code, the; 5,930
(b) THE prevention, retention, and contingency program 5,932
established under Chapter 5108. of the Revised Code, duties; 5,933
(c) DUTIES assumed by a county department of human JOB AND 5,936
FAMILY services pursuant to an agreement entered into under 5,938
section 329.05 of the Revised Code, and; 5,939
(d) ANY other county department of human JOB AND FAMILY 5,942
services' duties that the director and board mutually agree to 5,944
include in the agreement;
(e) IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED 5,947
CODE, THE COUNTY THE BOARD SERVES IS A LOCAL AREA DEFINED IN 5,948
DIVISION (A)(2) OR (3) OF SECTION 6301.01 OF THE REVISED CODE, 5,949
WORKFORCE DEVELOPMENT ACTIVITIES PROVIDED BY THE WORKFORCE 5,950
DEVELOPMENT AGENCY ESTABLISHED OR DESIGNATED FOR THE LOCAL AREA. 5,951
The director and board may include in the 5,952
131
(2) EACH partnership agreement MAY INCLUDE provisions 5,954
regarding the administration and design of the duties of child 5,956
support enforcement agencies and public children services 5,957
agencies included in a plan of cooperation entered into under 5,958
section 307.983 of the Revised Code that the director and board 5,959
mutually agree to include in the agreement. Social service 5,960
(D) FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 5,962
ACTIVITIES included in the A PARTNERSHIP agreement shall be 5,964
vested in the board OF COUNTY COMMISSIONERS. The agreement shall 5,965
comply with federal statutes and regulations, state statutes, 5,966
and, except as provided in division (B)(D)(9) of this section, 5,968
state rules governing the social service FAMILY SERVICES duties 5,969
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement. 5,970
A partnership agreement shall include responsibilities that 5,973
the state department of human JOB AND FAMILY services and, county 5,974
social service FAMILY SERVICES agencies administering social 5,975
service FAMILY SERVICES duties included in the agreement, AND 5,977
WORKFORCE DEVELOPMENT AGENCIES ADMINISTERING WORKFORCE 5,978
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT must satisfy.
The agreement shall establish, specify, or provide for all of the 5,980
following:
(1) Requirements governing the administration and design 5,982
of, and county social service FAMILY SERVICES agencies' OR 5,983
WORKFORCE DEVELOPMENT AGENCIES' cooperation to enhance, social 5,985
service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 5,986
ACTIVITIES included in the agreement;
(2) Outcomes that county social service FAMILY SERVICES 5,988
agencies OR WORKFORCE DEVELOPMENT AGENCIES are expected to 5,990
achieve from the administration and design of social service 5,991
FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT ACTIVITIES 5,992
included in the agreement and assistance, services, and technical 5,993
support the state department will provide the county social 5,994
service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 5,995
AGENCIES to aid the agencies in achieving the expected outcomes; 5,996
132
(3) Performance and other administrative standards county 5,998
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 5,999
AGENCIES are required to meet in the design, administration, and 6,001
outcomes of social service FAMILY SERVICES duties OR WORKFORCE 6,002
DEVELOPMENT ACTIVITIES included in the agreement and assistance, 6,003
services, and technical support the state department will provide 6,005
the county social service FAMILY SERVICES agencies OR WORKFORCE 6,006
DEVELOPMENT AGENCIES to aid the agencies in meeting the 6,007
performance and other administrative standards;
(4) Criteria and methodology the state department will use 6,010
to evaluate whether expected outcomes are achieved and
performance and other administrative standards are met and county 6,011
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 6,013
AGENCIES will use to evaluate whether the state department is 6,014
providing agreed upon assistance, services, and technical 6,015
support;
(5) Annual financial, administrative, or other incentive 6,017
awards, if any, to be provided in accordance with section 5101.23 6,019
of the Revised Code for exceeding performance and other 6,020
administrative standards; 6,021
(6) The state department taking action against a county 6,023
social service agency pursuant to division (B)(C) of section 6,025
5101.24 of the Revised Code if division (A)(B)(1), (2), or (3) of 6,026
that section applies to the agency; 6,028
(7) The funding of social service FAMILY SERVICES duties 6,030
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement and 6,032
whether the state department will provide funding for two or more 6,033
county department of human services' duties included in the 6,034
agreement pursuant to ESTABLISH a combined CONSOLIDATED funding 6,035
allocation under division (C)(E) of this section. The agreement 6,037
shall either specify the amount of payments to be made for the 6,038
social service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 6,039
ACTIVITIES included in the agreement or the method that will be 6,040
used to determine the amount of payments. 6,041
133
(8) Audits required by federal statutes and regulations 6,043
and state law and requirements for prompt release of audit 6,044
findings and prompt action to correct problems identified in an 6,045
audit; 6,046
(9) Which, if any, of the state department's rules will be 6,049
waived so that a policy provided for in the agreement may be
implemented; 6,050
(10) The method of amending or terminating the agreement 6,052
and an expedited process for correcting terms or conditions of 6,053
the agreement that the director and board OF COUNTY COMMISSIONERS 6,054
agree are erroneous; 6,056
(11) Dispute resolution procedures for anticipated and 6,058
unanticipated disputes. The agreement may establish different 6,059
dispute resolution procedures for different types of disputes. 6,060
Dispute resolution procedures may include negotiation, mediation, 6,062
arbitration, adjudication conducted by a hearing officer or 6,063
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 6,065
agreement may not commence before it is entered into nor end 6,066
later than the last day of the state fiscal biennium for which it 6,068
is entered into.
(13) IF WORKFORCE DEVELOPMENT ACTIVITIES ARE INCLUDED IN 6,070
THE AGREEMENT, ALL OF THE FOLLOWING: 6,071
(a) THE WORKFORCE DEVELOPMENT PLAN PREPARED UNDER SECTION 6,073
6301.07 OF THE REVISED CODE TO BE ATTACHED TO AND INCORPORATED 6,074
INTO THE AGREEMENT; 6,075
(b) A DESCRIPTION OF THE SERVICES, AND A LIST OF THE CORE 6,077
SERVICES, PROVIDED IN THE ONE-STOP SYSTEM FOR WORKFORCE 6,078
DEVELOPMENT ACTIVITIES THE COUNTY SERVED BY THE BOARD 6,080
PARTICIPATES IN UNDER SECTION 6301.06 OF THE REVISED CODE TO BE 6,081
INCLUDED IN THE AGREEMENT; 6,082
(c) IF THE COUNTY SERVED BY THE BOARD OF COUNTY 6,084
COMMISSIONERS IS IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION 6,085
(A)(3) OF SECTION 6301.01 OF THE REVISED CODE, THE METHOD AND 6,086
134
MANNER BY WHICH THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY 6,088
AND THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION IN THE 6,089
LOCAL AREA SHALL COORDINATE WORKFORCE DEVELOPMENT ACTIVITIES AND 6,090
RESOLVE DISAGREEMENTS CONCERNING EITHER OF THE FOLLOWING: 6,091
(i) CHOICES CONCERNING SPECIFICALLY WHO TO APPOINT TO THE 6,093
WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.06 OF THE 6,095
REVISED CODE, WITHIN THE CRITERIA FOR MEMBERSHIP SET FORTH IN 6,096
THAT SECTION;
(ii) WHETHER A MEMBER OF THE WORKFORCE POLICY BOARD IS 6,098
PERFORMING SATISFACTORILY FOR PURPOSES OF SERVING AT THE PLEASURE 6,099
OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA. 6,100
(14) Other provisions determined necessary by the state 6,102
department and the, BOARD, county social services FAMILY SERVICES 6,105
agency, AND WORKFORCE DEVELOPMENT AGENCY.
(C)(E) The state department shall make payments authorized 6,108
by a partnership agreement on vouchers it prepares and may 6,109
include any funds appropriated or allocated to it for carrying 6,110
out social service FAMILY SERVICES duties OR WORKFORCE 6,111
DEVELOPMENT ACTIVITIES vested in the board of county 6,112
commissioners under the agreement, including funds for personal 6,113
services and maintenance. 6,114
(F)(1) To the extent practicable and not in conflict with 6,116
federal statutes or regulations, state law, or an appropriation 6,117
made by the general assembly, the department DIRECTOR may 6,118
establish a consolidated funding allocation for two ANY OF THE 6,119
FOLLOWING:
(a) TWO or more of a county department of human services' 6,122
FAMILY SERVICES duties included in the agreement; 6,124
(b) TWO OR MORE WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED 6,126
IN THE AGREEMENT; 6,127
(c) ONE OR MORE FAMILY SERVICES DUTIES AND WORKFORCE 6,129
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT. 6,130
(2) THE CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER 6,132
OF THE FOLLOWING: 6,133
135
(a) A COUNTY THAT IS THE TYPE OF LOCAL AREA DEFINED IN 6,135
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE; 6,136
(b) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND 6,138
ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN 6,139
DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE 6,141
COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN 6,142
THE LOCAL AREA. A 6,143
(3) A county department of human FAMILY services AGENCY OR 6,146
WORKFORCE DEVELOPMENT AGENCY shall use funds available in a 6,149
consolidated funding allocation only for the purpose for which
the funds were appropriated. 6,150
(D) The director of human services may enter into 6,153
partnership agreements with one or more boards of county 6,154
commissioners at a time but an agreement must be entered into 6,155
with each board not later than January 1, 2000. Until a 6,156
partnership agreement with a board is entered into and 6,157
implemented, a county social service agency serving the county 6,158
that the board serves shall perform its social service duties in 6,159
the manner they are performed on October 1, 1997, with the 6,161
exception that a county social services agency may implement 6,162
changes authorized by federal statutes or regulations, state 6,163
statutes, or state department rules. 6,164
Sec. 5101.211. The director of human JOB AND FAMILY 6,173
services may enter into a written agreement with one or more 6,175
state agencies, as defined in section 117.01 of the Revised Code, 6,177
and state universities and colleges to assist in the 6,178
coordination, provision, or enhancement of the social service 6,179
FAMILY SERVICES duties of a county social service FAMILY SERVICES 6,181
agency OR THE WORKFORCE DEVELOPMENT ACTIVITIES OF A WORKFORCE 6,182
DEVELOPMENT AGENCY. The director also may enter into written 6,183
agreements or contracts with, or issue grants to, private and 6,184
government entities under which funds are provided for the 6,185
enhancement or innovation of human service FAMILY SERVICES OR 6,186
WORKFORCE DEVELOPMENT activities on the state or local level. 6,188
136
The terms of an agreement, contract, or grant under this section 6,189
may be incorporated into a partnership agreement the director 6,190
enters into with a board of county commissioners under section 6,191
5101.21 OR WITH THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 6,192
CORPORATION UNDER SECTION 5101.213 of the Revised Code, if the 6,193
director and board OR CHIEF ELECTED OFFICIAL and state agency, 6,194
state university or college, or private or government entity 6,195
agree.
THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN 6,197
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO IMPLEMENT 6,198
THIS SECTION.
Sec. 5101.213. (A) THE DIRECTOR OF JOB AND FAMILY 6,200
SERVICES SHALL ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH 6,201
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION REQUIRED BY 6,203
SECTION 6301.05 OF THE REVISED CODE TO ENTER INTO A PARTNERSHIP 6,204
AGREEMENT UNDER THIS SECTION. A PARTNERSHIP AGREEMENT SHALL 6,206
INCLUDE THE TYPES OF PROVISIONS REGARDING WORKFORCE DEVELOPMENT 6,207
ACTIVITIES THAT A PARTNERSHIP AGREEMENT ENTERED INTO UNDER 6,208
SECTION 5101.21 OF THE REVISED CODE IS REQUIRED TO INCLUDE. 6,210
(B) TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH 6,212
FEDERAL STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION 6,213
MADE BY THE GENERAL ASSEMBLY, THE DIRECTOR MAY ESTABLISH A
CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE WORKFORCE 6,214
DEVELOPMENT ACTIVITIES INCLUDED IN A PARTNERSHIP AGREEMENT. THE 6,215
CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER OF THE 6,216
FOLLOWING:
(1) A MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA 6,218
DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED 6,219
CODE;
(2) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND 6,221
ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN 6,222
DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE 6,224
COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN 6,225
THE LOCAL AREA.
137
A WORKFORCE DEVELOPMENT AGENCY SHALL USE FUNDS AVAILABLE IN 6,227
A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH 6,228
THE FUNDS WERE APPROPRIATED. 6,229
Sec. 5101.22. The department of human JOB AND FAMILY 6,238
services may establish performance and other administrative 6,239
standards for the administration and outcomes of social service 6,241
FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT ACTIVITIES and 6,242
determine at intervals the department decides the degree to which 6,243
a county social service FAMILY SERVICES agency OR WORKFORCE 6,244
DEVELOPMENT AGENCY complies with a performance or other 6,245
administrative standard. The department may use statistical 6,247
sampling, performance audits, case reviews, or other methods it 6,248
determines necessary and appropriate to determine compliance with 6,249
performance and administrative standards.
A performance or other administrative standard established 6,251
under this section for a social service FAMILY SERVICE duty OR 6,253
WORKFORCE DEVELOPMENT ACTIVITY does not apply to a county social 6,255
service FAMILY SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY 6,256
administering the duty if a different performance or 6,257
administrative standard is specified for the agency's 6,258
administration of the duty OR ACTIVITY pursuant to a partnership 6,259
agreement entered into under section 5101.21 OR 5101.213 of the 6,260
Revised Code. 6,261
Sec. 5101.23. Subject to the availability of funds, the 6,270
department of human JOB AND FAMILY services may provide annual 6,271
financial, administrative, or other incentive awards to county 6,273
social service FAMILY SERVICES agencies that exceed performance 6,274
and other administrative standards specified in a partnership 6,277
agreement entered into under section 5101.21 or established under 6,278
section 5101.22 of the Revised Code. The amount of a financial 6,279
incentive award shall be based on the degree to which a county 6,280
social service agency exceeds a performance or other
administrative standard and the amount of money available in the 6,281
social services incentive fund established under this section AND 6,282
138
WORKFORCE DEVELOPMENT AGENCIES. A county social service FAMILY 6,284
SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY may spend funds 6,285
provided as a financial incentive award only for the purpose for 6,286
which the funds are appropriated. The department may adopt 6,287
internal management rules in accordance with section 111.15 of 6,288
the Revised Code to establish the amounts of awards, methodology 6,289
for distributing the awards, types of awards, and standards for
administration by the department. 6,290
There is hereby created in the state treasury the social 6,292
services incentive fund. The director of human JOB AND FAMILY 6,293
services may request that the director of budget and management 6,295
transfer funds in the Title IV-A reserve fund created under 6,296
section 5101.82 of the Revised Code and other funds appropriated 6,297
for social service FAMILY SERVICES duties OR WORKFORCE INVESTMENT 6,298
ACTIVITIES into the fund. If the director of budget and 6,299
management determines that the funds identified by the director 6,301
of human JOB AND FAMILY services are available and appropriate 6,303
for transfer, the director of budget and management shall make 6,304
the transfer. Money in the fund shall be used to provide 6,305
incentive awards under this section.
Sec. 5101.24. (A) AS USED IN THIS SECTION, "RESPONSIBLE 6,314
ENTITY" MEANS THE FOLLOWING: 6,315
(1) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,317
ACTIVITY INVOLVED IS INCLUDED IN A PARTNERSHIP AGREEMENT A BOARD 6,318
OF COUNTY COMMISSIONERS AND THE DIRECTOR OF JOB AND FAMILY 6,319
SERVICES ENTERS INTO UNDER SECTION 5101.21 OF THE REVISED CODE, 6,320
THE BOARD REGARDLESS OF THE FACT THAT A COUNTY FAMILY SERVICES 6,323
AGENCY PERFORMS THE FAMILY SERVICES DUTY OR A WORKFORCE 6,324
DEVELOPMENT AGENCY PERFORMS THE WORKFORCE DEVELOPMENT ACTIVITY. 6,325
(2) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,327
ACTIVITY INVOLVED IS NOT INCLUDED IN A PARTNERSHIP AGREEMENT, THE 6,328
COUNTY FAMILY SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY. 6,329
(B) The department of human JOB AND FAMILY services may 6,332
take action against a county social service agency under division 6,334
139
(B)(C) of this section AGAINST THE RESPONSIBLE ENTITY if the 6,335
department determines any of the following apply to the COUNTY 6,336
FAMILY SERVICES agency as regards a social service PERFORMING THE 6,338
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT AGENCY PROVIDING 6,339
THE WORKFORCE DEVELOPMENT ACTIVITY:
(1) The agency fails to meet a performance standard 6,341
specified in a partnership agreement entered into under section 6,342
5101.21 or established under section 5101.22 of the Revised Code 6,344
FOR THE DUTY OR ACTIVITY; 6,345
(2) The agency fails to comply with a requirement 6,347
established by federal statute or regulations, state statute, or 6,348
a department rule FOR THE DUTY OR ACTIVITY; 6,349
(3) The agency is solely or partially responsible for, or 6,351
contributes to, an adverse audit or quality control finding, 6,352
final disallowance of federal financial participation, or other 6,353
sanction or penalty REGARDING THE DUTY OR ACTIVITY. 6,354
(B)(C) The department may take one or more of the 6,357
following actions against a county social service agency THE 6,358
RESPONSIBLE ENTITY if division (A)(B)(1), (2), or (3) of this 6,361
section applies to the agency:
(1) Require the agency RESPONSIBLE ENTITY to submit to and 6,363
comply with a corrective action plan pursuant to a time schedule 6,365
specified by the department; 6,366
(2) REQUIRE THE RESPONSIBLE ENTITY TO DO ONE OF THE 6,368
FOLLOWING:
(a) SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF 6,370
FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY; 6,371
(b) REIMBURSE THE DEPARTMENT THE AMOUNT THE DEPARTMENT 6,373
PAYS TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THAT REPRESENTS 6,374
THE AMOUNT THE AGENCY IS RESPONSIBLE FOR OF AN ADVERSE AUDIT OR 6,376
QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL 6,377
PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL 6,378
GOVERNMENT OR OTHER ENTITY;
(c) PAY THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THE 6,380
140
AMOUNT THAT REPRESENTS THE AMOUNT THE AGENCY IS RESPONSIBLE FOR 6,381
OF AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL 6,382
DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 6,383
SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT OR OTHER 6,384
ENTITY.
(3) Impose a financial or administrative sanction OR 6,386
ADVERSE AUDIT ISSUED BY THE DEPARTMENT against the agency, which 6,388
may include requiring the agency to share with the department a 6,389
final disallowance of federal financial participation or other 6,390
sanction or penalty RESPONSIBLE ENTITY. A sanction may be 6,391
increased if the department has previously taken action against 6,392
the agency RESPONSIBLE ENTITY under this division. 6,393
(3)(4) Perform a social service, OR CONTRACT WITH A 6,396
GOVERNMENT OR PRIVATE ENTITY FOR THE ENTITY TO PERFORM, THE
FAMILY SERVICES duty for the agency OR WORKFORCE DEVELOPMENT 6,397
ACTIVITY until the department is satisfied that the agency 6,399
RESPONSIBLE ENTITY ENSURES THAT THE DUTY OR ACTIVITY will perform 6,400
the duty BE PERFORMED satisfactorily. If the department 6,401
administers PERFORMS OR CONTRACTS WITH AN ENTITY TO PERFORM a 6,402
social service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT 6,404
ACTIVITY under division (B)(3) (C)(4) of this section, the 6,406
department may spend DO EITHER OF THE FOLLOWING: 6,407
(a) SPEND funds in the county treasury appropriated for 6,410
the duty OR ACTIVITY;
(b) WITHHOLD FUNDS ALLOCATED TO THE RESPONSIBLE ENTITY FOR 6,412
THE DUTY OR ACTIVITY AND SPEND THE FUNDS FOR THE DUTY OR 6,413
ACTIVITY.
(4)(5) Request that the attorney general bring mandamus 6,415
proceedings to compel the agency RESPONSIBLE ENTITY to take or 6,416
cease the action that causes division (A)(B)(1), (2), or (3) of 6,419
this section to apply to the agency. The attorney general shall 6,420
bring mandamus proceedings in the Franklin county court of 6,421
appeals at the department's request. 6,422
(C)(D) If the department decides to take action against a 6,425
141
county social service agency THE RESPONSIBLE ENTITY under 6,426
division (B)(C) of this section, the department shall notify the 6,427
agency, board of county commissioners, RESPONSIBLE ENTITY and 6,428
county auditor. THE NOTICE SHALL BE in writing. 6,429
The county social service agency RESPONSIBLE ENTITY may 6,431
request an administrative review of the A proposed action, OTHER 6,433
THAN A PROPOSED ACTION UNDER DIVISION (C)(5) OF THIS SECTION, by 6,435
sending a written request to the department not later than THE 6,436
FOLLOWING:
(1) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(1) 6,438
OF THIS SECTION, FIFTEEN DAYS AFTER THE DEPARTMENT MAILS THE 6,439
NOTICE TO THE RESPONSIBLE ENTITY. IF IT RECEIVES SUCH A REQUEST 6,441
WITHIN THE REQUIRED TIME, THE DEPARTMENT SHALL POSTPONE TAKING 6,442
ACTION UNDER DIVISION (C)(1) OF THIS SECTION FOR FIFTEEN DAYS 6,443
FOLLOWING THE DAY IT RECEIVES THE REQUEST. THE DEPARTMENT AND
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE DURING 6,445
THAT FIFTEEN-DAY PERIOD.
(2) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(2) 6,447
OF THIS SECTION, FORTY-FIVE DAYS AFTER THE DEPARTMENT MAILS THE 6,448
NOTICE TO THE RESPONSIBLE ENTITY. THE ADMINISTRATIVE REVIEW 6,449
SHALL BE LIMITED SOLELY TO THE ISSUE OF THE AMOUNT THE 6,450
RESPONSIBLE ENTITY SHALL SHARE WITH THE DEPARTMENT, REIMBURSE THE 6,451
DEPARTMENT, OR PAY TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY 6,452
UNDER DIVISION (C)(2) OF THIS SECTION. THE DEPARTMENT AND 6,453
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE WITHIN 6,454
SIXTY DAYS.
(3) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(3) 6,456
OR (4) OF THIS SECTION, forty-five days after the department 6,458
mails the notice to the agency RESPONSIBLE ENTITY. If an 6,459
administrative review is requested, the department and agency may 6,461
enter into a written agreement setting forth the dispute
resolution procedures to be used to resolve the dispute and any 6,462
other procedural matters the department and agency agree will 6,463
assist in reaching a prompt, fair, and equitable resolution. If 6,464
142
THE DEPARTMENT AND RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE 6,465
ANY DISPUTE WITHIN SIXTY DAYS. 6,466
IF the department and agency RESPONSIBLE ENTITY fail to 6,468
enter into such an agreement not later than sixty days after the 6,470
agency requests the administrative review RESOLVE ANY DISPUTE 6,471
WITHIN THE REQUIRED TIME, the department shall conduct a hearing 6,472
in accordance with Chapter 119. of the Revised Code, except that 6,475
the department, notwithstanding section 119.07 of the Revised 6,477
Code, is not required to schedule the hearing within fifteen days 6,479
of the agency's RESPONSIBLE ENTITY'S request. 6,480
(E) THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT 6,482
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 6,483
NECESSARY TO IMPLEMENT THIS SECTION. 6,484
Sec. 5101.25. The department of human services, in 6,493
consultation with county representatives, shall develop annual 6,494
training goals and model training curriculum for employees of 6,495
county social FAMILY services agencies and identify a variety of 6,497
state funded training opportunities to meet the proposed goals. 6,498
Sec. 5101.35. (A) As used in this section: 6,507
(1) "Agency" means the following entities that administer 6,509
a human FAMILY services program: 6,510
(a) The department of human JOB AND FAMILY services; 6,512
(b) A county department of human JOB AND FAMILY services; 6,514
(c) A public children services agency; 6,516
(d) A private or government entity administering, in whole 6,518
or in part, a human FAMILY services program for or on behalf of 6,520
the department of human JOB AND FAMILY services or a county
department of human service JOB AND FAMILY SERVICES or public 6,521
children services agency. 6,522
(2) "Appellant" means an applicant, participant, former 6,524
participant, recipient, or former recipient of a human FAMILY 6,525
services program who is entitled by federal or state law to a 6,528
hearing regarding a decision or order of the agency that 6,530
administers the program.
143
(3) "Human FAMILY services program" means assistance 6,532
provided under Chapter 5104., 5107., 5108., 5111., or 5115. or 6,534
section 173.35, 5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 6,535
of the Revised Code, other than assistance provided under section 6,537
5101.46 of the Revised Code by the department of mental health, 6,538
the department of mental retardation and developmental 6,539
disabilities, a board of alcohol, drug addiction, and mental 6,540
health services, or a county board of mental retardation and 6,541
developmental disabilities. 6,542
(B) An appellant who appeals under federal or state law a 6,544
decision or order of an agency administering a human FAMILY 6,545
services program shall, at the appellant's request, be granted a 6,548
state hearing by the department of human JOB AND FAMILY services. 6,550
This state hearing shall be conducted in accordance with rules 6,552
adopted under this section. The state hearing shall be 6,553
tape-recorded, but neither the recording nor a transcript of the 6,554
recording shall be part of the official record of the proceeding. 6,555
A state hearing decision is binding upon the agency and 6,556
department, unless it is reversed or modified on appeal to the 6,557
director of human JOB AND FAMILY services or a court of common 6,558
pleas. 6,559
(C) An appellant who disagrees with a state hearing 6,561
decision may make an administrative appeal to the director of 6,562
human JOB AND FAMILY services in accordance with rules adopted 6,564
under this section. This administrative appeal does not require 6,566
a hearing, but the director or the director's designee shall 6,569
review the state hearing decision and previous administrative 6,570
action and may affirm, modify, remand, or reverse the state 6,571
hearing decision. Any person designated to make an administrative 6,572
appeal decision on behalf of the director shall have been 6,573
admitted to the practice of law in this state. An administrative 6,574
appeal decision is the final decision of the department and is 6,575
binding upon the department and agency, unless it is reversed or 6,577
modified on appeal to the court of common pleas. 6,579
144
(D) An agency shall comply with a decision issued pursuant 6,581
to division (B) or (C) of this section within the time limits 6,583
established by rules adopted under this section. If a county 6,585
department of human JOB AND FAMILY services or a public children 6,586
services agency fails to comply within these time limits, the 6,587
department may take action pursuant to section 5101.24 of the 6,590
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds 6,591
due the agency or imposing another sanction established by rules 6,592
adopted under this section. 6,593
(E) An appellant who disagrees with an administrative 6,595
appeal decision of the director of human JOB AND FAMILY services 6,596
or the director's designee issued under division (C) of this 6,598
section may appeal from the decision to the court of common pleas 6,599
pursuant to section 119.12 of the Revised Code. The appeal shall 6,600
be governed by section 119.12 of the Revised Code except that: 6,601
(1) The person may appeal to the court of common pleas of 6,603
the county in which the person resides, or to the court of common 6,605
pleas of Franklin county if the person does not reside in this 6,606
state. 6,607
(2) The person may apply to the court for designation as 6,609
an indigent and, if the court grants this application, the 6,610
appellant shall not be required to furnish the costs of the 6,611
appeal. 6,612
(3) The appellant shall mail the notice of appeal to the 6,614
department of human JOB AND FAMILY services and file notice of 6,615
appeal with the court within thirty days after the department 6,619
mails the administrative appeal decision to the appellant. For 6,620
good cause shown, the court may extend the time for mailing and 6,621
filing notice of appeal, but such time shall not exceed six 6,622
months from the date the department mails the administrative 6,623
appeal decision. Filing notice of appeal with the court shall be 6,624
the only act necessary to vest jurisdiction in the court. 6,625
(4) The department shall be required to file a transcript 6,628
145
of the testimony of the state hearing with the court only if the 6,629
court orders the department to file the transcript. The court 6,630
shall make such an order only if it finds that the department and 6,631
the appellant are unable to stipulate to the facts of the case 6,632
and that the transcript is essential to a determination of the 6,633
appeal. The department shall file the transcript not later than 6,634
thirty days after the day such an order is issued. 6,635
(F) The department of human JOB AND FAMILY services shall 6,637
adopt rules in accordance with Chapter 119. of the Revised Code 6,640
to implement this section, including rules governing the 6,641
following:
(1) State hearings under division (B) of this section; 6,643
(2) Administrative appeals under division (C) of this 6,645
section; 6,646
(3) Time limits for complying with a decision issued under 6,648
division (B) or (C) of this section; 6,649
(4) Sanctions that may be applied against an agency under 6,651
division (D) of this section. 6,652
(G) THE REQUIREMENTS OF CHAPTER 119. OF THE REVISED CODE 6,654
APPLY TO A STATE HEARING OR ADMINISTRATIVE APPEAL UNDER THIS 6,655
SECTION ONLY TO THE EXTENT, IF ANY, SPECIFICALLY PROVIDED BY 6,656
RULES ADOPTED UNDER THIS SECTION.
Sec. 5101.351. THE DEPARTMENT OF JOB AND FAMILY SERVICES 6,658
MAY EMPLOY OR CONTRACT WITH HEARING OFFICERS TO DRAFT AND 6,659
RECOMMEND STATE HEARING DECISIONS UNDER DIVISION (B) OF SECTION 6,660
5101.35 OF THE REVISED CODE. THE DEPARTMENT MAY EMPLOY OR 6,662
CONTRACT WITH HEARING AUTHORITIES TO ISSUE STATE HEARING
DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE REVISED 6,664
CODE. A HEARING AUTHORITY EMPLOYED OR CONTRACTED WITH ON OR 6,665
AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE BEEN ADMITTED 6,666
TO THE PRACTICE OF LAW IN THIS STATE. A HEARING AUTHORITY 6,667
EMPLOYED OR CONTRACTED WITH BEFORE THE EFFECTIVE DATE OF THIS 6,668
SECTION IS NOT REQUIRED TO HAVE BEEN ADMITTED TO THE PRACTICE OF 6,669
LAW IN THIS STATE.
146
Sec. 5101.37. (A) The department of human JOB AND FAMILY 6,678
services and each county department of human JOB AND FAMILY 6,680
services and child support enforcement agency may make any 6,682
investigations that are necessary in the performance of their 6,683
duties, and to that end they shall have the same power as a judge 6,684
of a county court to administer oaths and to enforce the 6,685
attendance and testimony of witnesses and the production of books 6,686
or papers.
The department and each county department and agency shall 6,690
keep a record of their investigations stating the time, place, 6,691
charges or subject, witnesses summoned and examined, and their 6,692
conclusions.
In matters involving the conduct of an officer, a 6,694
stenographic report of the evidence shall be taken and a copy of 6,695
the report, with all documents introduced, kept on file at the 6,696
office of the department, county department, or agency. 6,698
The fees of witnesses for attendance and travel shall be 6,700
the same as in the court of common pleas, but no officer or 6,701
employee of the institution under investigation is entitled to 6,702
such fees. 6,703
(B) In conducting hearings pursuant to sections 3113.21 to 6,705
3113.216 or pursuant to division (B) of section 5101.35 of the 6,707
Revised Code, the department and each child support enforcement 6,708
agency have the same power as a judge of a county court to 6,709
administer oaths and to enforce the attendance and testimony of 6,710
witnesses and the production of books or papers. The department 6,711
and each agency shall keep a record of those hearings stating the 6,712
time, place, charges or subject, witnesses summoned and examined, 6,713
and their conclusions. 6,714
The issuance of a subpoena by the department or a child 6,716
support enforcement agency to enforce attendance and testimony of 6,717
witnesses and the production of books or papers at a hearing is 6,718
discretionary and the department or agency is not required to pay 6,719
the fees of witnesses for attendance and travel. 6,720
147
(C) Any judge of any division of the court of common 6,723
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 6,724
witnesses, the production of books or papers, and the giving of 6,725
testimony before the department, county department, or agency, by 6,727
a judgment for contempt or otherwise, in the same manner as in 6,728
cases before those courts. 6,729
Sec. 5101.38. The department of human JOB AND FAMILY 6,738
services may appoint and commission any competent officer, 6,741
employee, agency, or person to serve as a special agent, 6,742
investigator, or representative to perform a designated duty for 6,743
and in behalf of the department. Specific credentials shall be 6,745
given by the department to each person so designated, and each 6,747
credential shall state:
(A) The person's name; 6,749
(B) Agency with which such person is connected; 6,751
(C) Purpose of appointment; 6,753
(D) Date of expiration of appointment, if appropriate; 6,755
(E) Such information as the department considers proper. 6,757
Sec. 5101.47. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES 6,759
MAY ACCEPT APPLICATIONS, DETERMINE ELIGIBILITY, AND PERFORM 6,760
RELATED ADMINISTRATIVE ACTIVITIES FOR ONE OR MORE OF THE 6,761
FOLLOWING:
(1) THE MEDICAID PROGRAM ESTABLISHED BY CHAPTER 5111. OF 6,763
THE REVISED CODE; 6,764
(2) THE CHILDREN'S HEALTH INSURANCE PROGRAM PARTS I AND II 6,767
PROVIDED FOR UNDER SECTIONS 5101.50 AND 5101.51 OF THE REVISED 6,769
CODE;
(3) PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER CHAPTER 6,771
5104. OF THE REVISED CODE; 6,772
(4) OTHER PROGRAMS THE DIRECTOR DETERMINES ARE SUPPORTIVE 6,774
OF CHILDREN OR FAMILIES WITH AT LEAST ONE EMPLOYED MEMBER. 6,775
(B) IF THE DIRECTOR ELECTS TO ACCEPT APPLICATIONS, 6,777
DETERMINE ELIGIBILITY, AND PERFORM RELATED ADMINISTRATIVE 6,778
148
ACTIVITIES FOR A PROGRAM SPECIFIED IN OR PURSUANT TO DIVISION (A) 6,779
OF THIS SECTION, BOTH OF THE FOLLOWING APPLY: 6,780
(1) AN INDIVIDUAL SEEKING SERVICES UNDER THE PROGRAM MAY 6,782
APPLY FOR THE PROGRAM TO THE DIRECTOR OR TO THE ENTITY THAT STATE 6,783
LAW GOVERNING THE PROGRAM AUTHORIZES TO ACCEPT APPLICATIONS FOR 6,784
THE PROGRAM. 6,785
(2) THE DIRECTOR IS SUBJECT TO FEDERAL AND STATE LAW THAT 6,787
REQUIRE, PERMIT, OR PROHIBIT AN ACTION REGARDING ACCEPTING 6,788
APPLICATIONS, DETERMINING ELIGIBILITY, AND PERFORMING RELATED 6,789
ADMINISTRATIVE ACTIVITIES FOR THE PROGRAM. 6,790
(C) THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT 6,792
THIS SECTION. 6,793
Sec. 5101.80. (A) The department of human JOB AND FAMILY 6,802
services shall do all of the following: 6,804
(1) Prepare and submit to the United States secretary of 6,806
health and human services a Title IV-A state plan, and amendments 6,808
to the plan that the department determines necessary, for the 6,809
Ohio works first program established under Chapter 5107. of the 6,811
Revised Code and the prevention, retention, and contingency
program established under Chapter 5108. of the Revised Code; 6,813
(2) Prescribe forms for applications, certificates, 6,815
reports, records, and accounts of county departments of human JOB 6,817
AND FAMILY services, and other matters related to the Ohio works 6,818
first program and the prevention, retention, and contingency 6,819
program;
(3) Make such reports, in such form and containing such 6,821
information as the department may find necessary to assure the 6,824
correctness and verification of such reports, regarding the Ohio 6,825
works first program and the prevention, retention, and
contingency program; 6,826
(4) Require reports and information from each county 6,828
department of human JOB AND FAMILY services as may be necessary 6,829
or advisable regarding the Ohio works first program and the 6,830
prevention, retention, and contingency program; 6,831
149
(5) Afford a fair hearing in accordance with section 6,833
5101.35 of the Revised Code to any applicant for, or participant 6,835
or former participant of, the Ohio works first program or the 6,836
prevention, retention, and contingency program aggrieved by a
decision regarding either program; 6,837
(6) Administer and expend, pursuant to Chapters 5107. and 6,840
5108. of the Revised Code, any sums appropriated by the general 6,841
assembly for the purpose of those chapters and all sums paid to 6,843
the state by the secretary of the treasury of the United States 6,845
as authorized by Title IV-A of the "Social Security Act," 49 6,847
Stat. 620 (1935), 42 U.S.C. 301, as amended; 6,848
(7) Conduct investigations as are necessary regarding the 6,851
Ohio works first program and the prevention, retention, and 6,852
contingency program;
(8) Enter into reciprocal agreements with other states 6,854
relative to the provision of Ohio works first and prevention, 6,856
retention, and contingency to residents and nonresidents; 6,857
(9) Contract with a private entity to conduct an 6,860
independent on-going evaluation of the Ohio works first program 6,861
and the prevention, retention, and contingency program. The 6,862
contract must require the private entity to do all of the 6,864
following:
(a) Examine issues of process, practice, impact, and 6,866
outcomes;
(b) Study former participants of Ohio works first who have 6,869
not participated in Ohio works first for at least one year to 6,870
determine whether they are employed, the type of employment in 6,872
which they are engaged, the amount of compensation they are 6,873
receiving, whether their employer provides health insurance, 6,874
whether and how often they have received assistance or services
under the prevention, retention, and contingency program, and 6,875
whether they are successfully self sufficient; 6,876
(c) Provide the department an initial report of the 6,878
evaluation not later than two years after the effective date of 6,879
150
this amendment OCTOBER 1, 1997, and provide subsequent reports at 6,880
times the department specifies. 6,882
(10) Not later than March 1, 1998, and the first day of 6,886
each September and March thereafter until September 1, 2001, 6,888
prepare a county by county report concerning individuals who 6,889
cease to participate in Ohio works first that contains the 6,890
reasons the individuals ceased to participate, including 6,891
employment, marital status, and relocation; 6,892
(11) Not later than January 1, 2001, and the first day of 6,896
each January and July thereafter, prepare a report containing 6,898
information on the following:
(a) A county by county breakdown of individuals who cease 6,901
to participate in Ohio works first and the reasons the 6,902
individuals ceased to participate, including exhausting the time 6,903
limits for participation set forth in section 5107.18 of the 6,904
Revised Code. 6,905
(b) Individuals who have been exempted from the time 6,908
limits set forth in section 5107.18 of the Revised Code and the 6,910
reasons for the exemption. 6,911
(12) NOT LATER THAN JANUARY 1, 2001, AND ON A QUARTERLY 6,913
BASIS THEREAFTER UNTIL DECEMBER 1, 2003, PREPARE, TO THE EXTENT 6,914
THE NECESSARY DATA IS AVAILABLE TO THE DEPARTMENT, A REPORT BASED 6,916
ON INFORMATION DETERMINED UNDER SECTION 5107.80 OF THE REVISED
CODE THAT STATES HOW MANY FORMER OHIO WORKS FIRST PARTICIPANTS 6,918
ENTERED THE WORKFORCE DURING THE MOST RECENT PREVIOUS QUARTER FOR 6,920
WHICH THE INFORMATION IS KNOWN AND INCLUDES INFORMATION REGARDING 6,921
THE EARNINGS OF THOSE FORMER PARTICIPANTS. THE REPORT SHALL 6,922
INCLUDE A COUNTY-BY-COUNTY BREAKDOWN AND SHALL NOT CONTAIN THE
NAMES OR SOCIAL SECURITY NUMBERS OF FORMER PARTICIPANTS. 6,924
(B) The department shall provide copies of the reports it 6,926
receives under division (A)(9) of this section and prepares under 6,928
divisions (A)(10) and, (11), AND (12) of this section to the 6,931
governor, the president and minority leader of the senate, and 6,932
the speaker and minority leader of the house of representatives. 6,933
151
The department shall provide copies of the reports to any private 6,934
or government entity on request.
(C) An authorized representative of the department or a 6,936
county department of human JOB AND FAMILY services shall have 6,937
access to all records and information bearing thereon for the 6,939
purposes of investigations conducted pursuant to this section. 6,940
Sec. 5101.97. (A)(1) Not later than January 1, 1998, and 6,950
the first day of each July and January thereafter, the department 6,952
of human JOB AND FAMILY services shall complete a report on the 6,953
characteristics of the individuals who participate in or receive 6,955
services through the programs operated by the department and the 6,956
outcomes of the individuals' participation in or receipt of 6,957
services through the programs. The report shall include 6,958
information on the following: 6,959
(a) Work activities, developmental activities, and 6,961
alternative work activities established under sections 5107.40 to 6,963
5107.69 of the Revised Code; 6,964
(b) Programs of publicly funded child day-care, as defined 6,966
in section 5104.01 of the Revised Code; 6,967
(c) Child support enforcement programs; 6,969
(d) Births to recipients of the medical assistance program 6,971
established under Chapter 5111. of the Revised Code. 6,972
(2) Not later than July 1, 1999, and the first day of each 6,976
July thereafter, the department shall complete a progress report 6,977
on the partnership agreements between the director of human JOB 6,978
AND FAMILY services and boards of county commissioners under 6,980
section 5101.21 of the Revised Code. The report shall include a 6,981
review of whether the county social service FAMILY SERVICES 6,982
agencies AND WORKFORCE DEVELOPMENT AGENCIES satisfied performance 6,984
standards included in the agreements and whether the department 6,986
provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance 6,987
standards.
(3) The department shall submit the reports required under 6,990
152
divisions (A)(1) and (2) of this section to the speaker and 6,991
minority leader of the house of representatives, the president 6,992
and minority leader of the senate, the legislative budget 6,993
officer, the director of budget and management, and each board of 6,994
county commissioners. The department shall provide copies of 6,995
each report to any person or government entity on request. 6,996
In designing the format for each report, the department 6,998
shall consult with individuals, organizations, and government 6,999
entities interested in the programs operated by the department, 7,000
so that the reports are designed to enable the general assembly 7,002
and the public to evaluate the effectiveness of the programs and 7,003
identify any needs that the programs are not meeting. 7,004
(B) Whenever the federal government requires that the 7,007
department submit a report on a program that is operated by the 7,008
department or is otherwise under the department's jurisdiction, 7,009
the department shall prepare and submit the report in accordance 7,010
with the federal requirements applicable to that report. To the 7,011
extent possible, the department may coordinate the preparation 7,012
and submission of a particular report with any other report, 7,013
plan, or other document required to be submitted to the federal 7,014
government, as well as with any report required to be submitted 7,015
to the general assembly. The reports required by the Personal 7,016
Responsibility and Work Opportunity Reconciliation Act of 1996 7,019
(P.L. 104-193) may be submitted as an annual summary. 7,020
Sec. 5103.02. As used in sections 5103.03 to 5103.19 7,029
5103.17 of the Revised Code: 7,031
(A) "Institution" or "association" includes any 7,033
incorporated or unincorporated organization, society, 7,034
association, or agency, public or private, that receives or cares 7,035
for children for two or more consecutive weeks; any individual 7,037
who, for hire, gain, or reward, receives or cares for children 7,038
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 7,039
the regular employ of a court, or of an institution or 7,041
153
association certified in accordance with section 5103.03 of the 7,042
Revised Code, who in any manner becomes a party to the placing of 7,043
children in foster homes, unless the individual is related to 7,044
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 7,045
association, school, agency, child guidance center, detention or 7,046
rehabilitation facility, or children's clinic licensed, 7,047
regulated, approved, operated under the direction of, or 7,048
otherwise certified by the department of education, a local board 7,049
of education, the department of youth services, the department of 7,050
mental health, or the department of mental retardation and 7,051
developmental disabilities, or any individual who provides care 7,052
for only a single-family group, placed there by their parents or 7,053
other relative having custody, shall not be considered as being 7,054
within the purview of these sections. 7,055
(B) "Family foster home" has the same meaning as in 7,058
section 2151.011 of the Revised Code. 7,059
(C) "Treatment foster home" means a family foster home 7,061
that incorporates special psychological or medical treatment 7,062
designed to care for the specific needs of the children received 7,063
in the family foster home and that receives and cares for 7,064
children who are emotionally or behaviorally disturbed, medically 7,065
fragile requiring special medical treatment due to physical
ailment or condition, mentally retarded, or developmentally 7,066
disabled.
Sec. 5107.80. THE DIRECTOR OF JOB AND FAMILY SERVICES, 7,068
USING INFORMATION PROVIDED BY EMPLOYERS UNDER SECTION 5101.312 OF 7,069
THE REVISED CODE, SHALL DETERMINE QUARTERLY WHETHER INDIVIDUALS 7,072
WHO HAVE CEASED TO PARTICIPATE IN OHIO WORKS FIRST HAVE ENTERED 7,073
THE WORKFORCE. 7,074
Sec. 6301.01. AS USED IN THIS CHAPTER: 7,076
(A) "LOCAL AREA" MEANS ANY OF THE FOLLOWING: 7,078
(1) A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO 7,080
ADMINISTER AND ENFORCE THE "WORKFORCE INVESTMENT ACT OF 1998," 7,081
154
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, UNDER THIS CHAPTER 7,083
AND IS NOT JOINING IN PARTNERSHIP WITH ANY OTHER POLITICAL 7,085
SUBDIVISIONS IN ORDER TO DO SO;
(2) A SINGLE COUNTY; 7,087
(3) A CONSORTIUM OF ANY OF THE FOLLOWING POLITICAL 7,089
SUBDIVISIONS:
(a) A GROUP OF TWO OR MORE COUNTIES IN THE STATE; 7,091
(b) ONE OR MORE COUNTIES AND ONE MUNICIPAL CORPORATION IN 7,093
THE STATE; 7,094
(c) ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL 7,096
CORPORATION IN THE STATE AND ONE OR MORE COUNTIES WITH OR WITHOUT 7,097
ONE MUNICIPAL CORPORATION IN ANOTHER STATE, ON THE CONDITION THAT 7,098
THOSE IN ANOTHER STATE SHARE A LABOR MARKET AREA WITH THOSE IN 7,099
THE STATE.
"LOCAL AREA" DOES NOT MEAN A REGION FOR PURPOSES OF 7,101
DETERMINATIONS CONCERNING ADMINISTRATIVE INCENTIVES. 7,102
(B) "MUNICIPAL CORPORATION" MEANS A MUNICIPAL CORPORATION 7,106
THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY DESIGNATION AS A 7,107
LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO SECTION 116(a)(2) OR 7,108
(3) OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 7,110
U.S.C.A. 2831(a)(2) OR (3), BUT THAT DOES NOT REQUEST THAT THE 7,112
GOVERNOR GRANT SUCH AUTOMATIC OR TEMPORARY DESIGNATION, AND THAT 7,113
INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT 7,115
ACTIVITIES PURSUANT TO THIS CHAPTER. 7,116
(C) "COUNTY" MEANS A COUNTY THAT IS ELIGIBLE TO BE 7,118
DESIGNATED AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE 7,120
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,122
2801, AS AMENDED, BUT THAT DOES NOT REQUEST SUCH DESIGNATION, AND 7,123
INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT 7,124
ACTIVITIES PURSUANT TO THIS CHAPTER. 7,125
(D) "WORKFORCE DEVELOPMENT AGENCY" MEANS THE ENTITY GIVEN 7,128
RESPONSIBILITY FOR WORKFORCE DEVELOPMENT ACTIVITIES THAT IS 7,129
DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE 7,130
WITH SECTION 330.04 OF THE REVISED CODE, THE CHIEF ELECTED 7,131
155
OFFICIAL OF A MUNICIPAL CORPORATION IN ACCORDANCE WITH SECTION 7,132
763.05 OF THE REVISED CODE, OR THE CHIEF ELECTED OFFICIALS OF A 7,134
LOCAL AREA DEFINED IN DIVISION (A)(3) OF THIS SECTION. 7,135
(E) "WORKFORCE DEVELOPMENT ACTIVITY" MEANS A PROGRAM, 7,137
GRANT, OR OTHER FUNCTION, THE PRIMARY GOAL OF WHICH IS TO DO ONE 7,138
OR MORE OF THE FOLLOWING: 7,139
(1) HELP INDIVIDUALS MAXIMIZE THEIR EMPLOYMENT 7,141
OPPORTUNITIES;
(2) HELP EMPLOYERS GAIN ACCESS TO SKILLED WORKERS; 7,143
(3) HELP EMPLOYERS RETAIN SKILLED WORKERS; 7,145
(4) HELP DEVELOP OR ENHANCE THE SKILLS OF INCUMBENT 7,147
WORKERS;
(5) IMPROVE THE QUALITY OF THE STATE'S WORKFORCE; 7,149
(6) ENHANCE THE PRODUCTIVITY AND COMPETITIVENESS OF THE 7,151
STATE'S ECONOMY. 7,152
(F) "CHIEF ELECTED OFFICIALS," WHEN USED IN REFERENCE TO A 7,154
LOCAL AREA, MEANS THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 7,156
OR OF EACH COUNTY IN THE LOCAL AREA OR, IF THE COUNTY HAS ADOPTED 7,158
A CHARTER UNDER SECTION 3 OF ARTICLE X, OHIO CONSTITUTION, THE 7,163
CHIEF GOVERNING BODY OF THAT COUNTY, AND THE CHIEF ELECTED 7,164
OFFICIAL OF THE MUNICIPAL CORPORATION, IF THE LOCAL AREA INCLUDES 7,166
A MUNICIPAL CORPORATION, EXCEPT THAT WHEN THE LOCAL AREA IS THE 7,167
TYPE DEFINED IN DIVISION (A)(1) OF THIS SECTION, "CHIEF ELECTED 7,168
OFFICIALS" MEANS THE CHIEF ELECTED OFFICIAL OF THE MUNICIPAL 7,169
CORPORATION.
Sec. 6301.02. THE DIRECTOR OF JOB AND FAMILY SERVICES 7,171
SHALL ADMINISTER THE "WORKFORCE INVESTMENT ACT OF 1998," 112 7,173
STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, THE "WAGNER-PEYSER ACT," 7,177
48 STAT. 113 (1933), 29 U.S.C.A. 49, AS AMENDED, AND THE FUNDS 7,180
RECEIVED PURSUANT TO THOSE ACTS. IN ADMINISTERING THOSE ACTS AND 7,181
FUNDS RECEIVED PURSUANT TO THOSE ACTS, THE DIRECTOR SHALL 7,182
ESTABLISH AND ADMINISTER A WORKFORCE DEVELOPMENT SYSTEM THAT IS 7,183
DESIGNED TO PROVIDE LEADERSHIP, SUPPORT, AND OVERSIGHT TO LOCALLY 7,184
DESIGNED WORKFORCE DEVELOPMENT AND FAMILY SERVICES SYSTEMS AND 7,186
156
THAT PROVIDES THE MAXIMUM AMOUNT OF FLEXIBILITY AND AUTHORITY TO 7,187
COUNTIES AND MUNICIPAL CORPORATIONS, AS PERMITTED UNDER THE 7,188
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,192
2801, AS AMENDED. THE DIRECTOR SHALL CONDUCT INVESTIGATIONS AND 7,194
HOLD HEARINGS AS NECESSARY FOR THE ADMINISTRATION OF THIS 7,195
CHAPTER.
TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, THE 7,197
DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED 7,199
CODE TO ESTABLISH ANY PROGRAM OR PILOT PROGRAM FOR THE PURPOSES 7,200
OF PROVIDING WORKFORCE DEVELOPMENT ACTIVITIES OR FAMILY SERVICES 7,201
TO INDIVIDUALS WHO DO NOT MEET ELIGIBILITY CRITERIA FOR THOSE 7,202
ACTIVITIES OR SERVICES UNDER APPLICABLE FEDERAL LAW. PRIOR TO 7,203
THE INITIATION OF ANY PROGRAM OF THAT NATURE, THE DIRECTOR OF 7,204
BUDGET AND MANAGEMENT SHALL CERTIFY TO THE GOVERNOR THAT 7,205
SUFFICIENT FUNDS ARE AVAILABLE TO ADMINISTER A PROGRAM OF THAT 7,206
NATURE.
UNLESS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, EVERY 7,208
STATE AGENCY, BOARD, OR COMMISSION SHALL PROVIDE TO THE DIRECTOR 7,209
ALL INFORMATION AND ASSISTANCE REQUESTED BY THE DIRECTOR IN 7,210
FURTHERANCE OF WORKFORCE DEVELOPMENT ACTIVITIES. 7,211
Sec. 6301.03. (A) IN ADMINISTERING THE "WORKFORCE 7,214
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,217
AMENDED, THE "WAGNER-PEYSER ACT," 48 STAT. 113 (1933), 29 7,219
U.S.C.A. 49, AS AMENDED, THE FUNDS RECEIVED PURSUANT TO THOSE 7,220
ACTS, AND THE WORKFORCE DEVELOPMENT SYSTEM, THE DIRECTOR OF JOB 7,221
AND FAMILY SERVICES MAY MAKE ALLOCATIONS AND PAYMENT OF FUNDS FOR 7,222
THE LOCAL ADMINISTRATION OF THE WORKFORCE DEVELOPMENT ACTIVITIES 7,224
ESTABLISHED UNDER THIS CHAPTER. PURSUANT TO THE "WORKFORCE 7,225
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,227
AMENDED, THE GOVERNOR SHALL RESERVE NOT MORE THAN FIFTEEN PER 7,229
CENT OF THE AMOUNTS ALLOCATED TO THE STATE UNDER TITLE I OF THAT 7,230
ACT FOR ADULTS, DISLOCATED WORKERS, AND YOUTH FOR STATEWIDE 7,231
ACTIVITIES, AND NOT MORE THAN TWENTY-FIVE PER CENT OF FUNDS 7,232
ALLOCATED FOR DISLOCATED WORKERS UNDER TITLE I OF THAT ACT FOR 7,233
157
STATEWIDE RAPID RESPONSE ACTIVITIES. 7,234
(B) THE DIRECTOR SHALL ALLOCATE TO LOCAL AREAS ALL FUNDS 7,238
REQUIRED TO BE ALLOCATED TO LOCAL AREAS PURSUANT TO THE 7,239
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,241
2801, AS AMENDED. THE DIRECTOR SHALL MAKE ALLOCATIONS ONLY WITH 7,242
FUNDS AVAILABLE AND IN ACCORDANCE WITH ALL OF THE FOLLOWING: 7,243
(1) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,245
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES 7,246
THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AS ITS WORKFORCE 7,247
DEVELOPMENT AGENCY, THE DIRECTOR SHALL ALLOCATE THE FUNDS TO THAT 7,248
COUNTY DEPARTMENT. THAT COUNTY DEPARTMENT SHALL DEPOSIT ALL 7,249
FUNDS RECEIVED PURSUANT TO THIS SECTION INTO THE COUNTY PUBLIC 7,250
ASSISTANCE FUND. 7,251
(2) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,253
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,254
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY FOR WHICH THE BOARD 7,255
MAINTAINS RESPONSIBILITY OR CONTROL, BUT WHICH IS NOT THE COUNTY 7,256
DEPARTMENT OF JOB AND FAMILY SERVICES, THE BOARD SHALL ESTABLISH 7,257
A COUNTY WORKFORCE DEVELOPMENT FUND, AND THE ENTITY RECEIVING THE 7,258
FUNDS SHALL DEPOSIT ALL FUNDS RECEIVED UNDER THIS SECTION INTO 7,259
THE COUNTY WORKFORCE DEVELOPMENT FUND. ALL EXPENDITURES FOR 7,260
ACTIVITIES FUNDED UNDER THIS SECTION SHALL BE MADE FROM THE 7,261
COUNTY WORKFORCE DEVELOPMENT FUND. 7,262
(3) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,264
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,265
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY OTHER THAN ONE 7,266
DESCRIBED IN DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BOARD 7,267
SHALL DESIGNATE A FISCAL AGENT TO RECEIVE AND BE RESPONSIBLE FOR 7,268
THE FUNDS. ANY ENTITY DESIGNATED BY THE BOARD AS THE FISCAL 7,269
AGENT SHALL BE AN AGENCY SUPERVISED BY THE DIRECTOR OR THE COUNTY 7,270
AUDITOR. 7,271
(4) IF A MUNICIPAL CORPORATION ADMINISTERING WORKFORCE 7,273
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL IS DESIGNATED TO 7,274
RECEIVE FUNDS UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL 7,275
158
PLACE ALL FUNDS RECEIVED UNDER THIS SECTION INTO A SPECIAL FUND 7,276
AND ALL EXPENDITURES FOR WORKFORCE DEVELOPMENT ACTIVITIES SHALL 7,277
BE MADE FROM THAT FUND. THE MUNICIPAL CORPORATION MAY USE THE 7,278
FUNDS IN THAT FUND ONLY FOR THE WORKFORCE DEVELOPMENT ACTIVITIES 7,279
FOR WHICH THE FUNDS ARE APPROPRIATED. 7,280
(C) THE USE OF FUNDS, REPORTING REQUIREMENTS, AND OTHER 7,282
ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS GOVERNING THE USE OF 7,283
FUNDS RECEIVED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL BE 7,285
GOVERNED BY INTERNAL MANAGEMENT RULES ADOPTED BY THE DIRECTOR
PURSUANT TO SECTION 111.15 OF THE REVISED CODE. 7,286
(D) TO THE EXTENT PERMITTED BY STATE OR FEDERAL LAW, THE 7,288
DIRECTOR, LOCAL AREAS, COUNTIES, AND MUNICIPAL CORPORATIONS 7,289
AUTHORIZED TO ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES MAY 7,290
ASSESS A FEE FOR SPECIALIZED SERVICES REQUESTED BY AN EMPLOYER. 7,291
THE DIRECTOR SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE 7,293
REVISED CODE GOVERNING THE NATURE AND AMOUNT OF THOSE TYPES OF 7,294
FEES.
Sec. 6301.04. THE GOVERNOR SHALL ESTABLISH A STATE 7,296
WORKFORCE POLICY BOARD AND APPOINT MEMBERS TO THE BOARD, WHO 7,297
SERVE AT THE GOVERNOR'S PLEASURE, TO PERFORM DUTIES UNDER THE 7,298
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,300
2801, AS AMENDED, AS AUTHORIZED BY THE GOVERNOR. THE BOARD IS 7,301
NOT SUBJECT TO SECTION 101.84 OF THE REVISED CODE. THE DIRECTOR 7,302
OF JOB AND FAMILY SERVICES MAY ASSIST THE BOARD IN THE 7,303
PERFORMANCE OF ITS DUTIES. 7,304
Sec. 6301.05. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 7,306
CORPORATION THAT IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION 7,308
(A)(1) OF SECTION 6301.01 OF THE REVISED CODE OR IS IN THE TYPE 7,309
OF LOCAL AREA DEFINED IN DIVISION (A)(3) OF THAT SECTION SHALL 7,310
ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF 7,311
JOB AND FAMILY SERVICES IN ACCORDANCE WITH SECTION 5101.213 OF 7,313
THE REVISED CODE.
THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT IS THE 7,315
TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(2) OF SECTION 6301.01 7,316
159
OF THE REVISED CODE OR IS IN THE TYPE OF LOCAL AREA DEFINED IN 7,318
DIVISION (A)(3) OF THAT SECTION SHALL ENTER INTO A WRITTEN 7,319
PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF JOB AND FAMILY
SERVICES IN ACCORDANCE WITH SECTION 5101.21 OF THE REVISED CODE. 7,321
Sec. 6301.06. (A) THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,323
AREA SHALL CREATE A WORKFORCE POLICY BOARD, WHICH SHALL CONSIST 7,324
OF THE FOLLOWING INDIVIDUALS: 7,325
(1) THE CHIEF ELECTED OFFICIAL FROM THE MUNICIPAL 7,327
CORPORATION WITH THE LARGEST POPULATION IN THE LOCAL AREA, EXCEPT 7,328
THAT IF THE MUNICIPAL CORPORATION IS A LOCAL AREA AS DEFINED IN 7,329
DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE, THE CHIEF 7,331
ELECTED OFFICIAL OF THAT MUNICIPAL CORPORATION MAY DETERMINE 7,332
WHETHER TO BE A MEMBER OF THE BOARD. NOTWITHSTANDING DIVISION 7,335
(B) OF SECTION 6301.01 OF THE REVISED CODE, AS USED IN DIVISION 7,336
(A)(1) OF THIS SECTION, "MUNICIPAL CORPORATION" MEANS ANY 7,338
MUNICIPAL CORPORATION.
(2) THE FOLLOWING INDIVIDUALS APPOINTED TO THE BOARD BY 7,340
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, WHO SHALL MAKE 7,341
THOSE APPOINTMENTS ACCORDING TO ALL OF THE FOLLOWING 7,343
SPECIFICATIONS:
(a) AT LEAST FIVE MEMBERS OF THE BOARD SHALL BE 7,345
REPRESENTATIVES OF PRIVATE SECTOR BUSINESSES IN THE GENERAL LABOR 7,346
MARKET AREA THAT INCLUDES THAT LOCAL AREA, AND SHALL BE APPOINTED 7,347
FROM AMONG INDIVIDUALS NOMINATED BY LOCAL BUSINESS ORGANIZATIONS 7,349
AND BUSINESS TRADE ASSOCIATIONS. AMONG THESE MEMBERS, AT LEAST 7,350
ONE SHALL REPRESENT SMALL BUSINESSES, AT LEAST ONE SHALL 7,351
REPRESENT MEDIUM-SIZED BUSINESSES, AND AT LEAST ONE SHALL 7,352
REPRESENT LARGE BUSINESSES. WHEN DETERMINING WHAT CONSTITUTES 7,353
SMALL, MEDIUM-SIZED, AND LARGE BUSINESSES FOR PURPOSES OF THIS 7,354
DIVISION, THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA SHALL
DEFINE THOSE SIZES AS THOSE SIZES ARE GENERALLY UNDERSTOOD WITHIN 7,355
THE LABOR MARKET AREA THAT INCLUDES THAT LOCAL AREA. A MAJORITY 7,356
OF THE MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF PRIVATE 7,357
SECTOR BUSINESSES. 7,358
160
(b) AT LEAST TWO MEMBERS OF THE BOARD SHALL REPRESENT 7,360
ORGANIZED LABOR AND SHALL BE APPOINTED FROM NOMINATIONS SUBMITTED 7,361
BY LOCAL FEDERATIONS OF LABOR REPRESENTING WORKERS EMPLOYED IN 7,363
THE LOCAL AREA.
(c) AT LEAST TWO MEMBERS OF THE BOARD SHALL BE 7,365
REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES. FOR PURPOSES OF 7,366
THIS DIVISION, "LOCAL EDUCATIONAL ENTITIES" INCLUDES LOCAL 7,368
EDUCATIONAL AGENCIES, SCHOOL DISTRICT BOARDS OF EDUCATION,
ENTITIES PROVIDING EDUCATIONAL AND LITERACY ACTIVITIES, AND 7,369
POST-SECONDARY EDUCATIONAL INSTITUTIONS. 7,370
(d) AT LEAST ONE MEMBER OF THE BOARD SHALL BE A 7,374
REPRESENTATIVE OF CONSUMERS OF WORKFORCE DEVELOPMENT ACTIVITIES. 7,375
(e) ANY OTHER INDIVIDUALS THE CHIEF ELECTED OFFICIALS OF 7,378
THE LOCAL AREA DETERMINE ARE NECESSARY. 7,379
(B) MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE 7,381
CHIEF ELECTED OFFICIALS OF THE LOCAL AREA. MEMBERS SHALL NOT BE 7,382
COMPENSATED BUT MAY BE REIMBURSED FOR ACTUAL, REASONABLE, AND 7,384
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS
BOARD MEMBERS. THOSE EXPENSES SHALL BE PAID FROM FUNDS ALLOCATED 7,386
PURSUANT TO SECTION 6301.03 OF THE REVISED CODE. 7,387
THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY PROVIDE 7,389
OFFICE SPACE, STAFF, OR OTHER ADMINISTRATIVE SUPPORT AS NEEDED TO 7,390
THE BOARD. FOR PURPOSES OF SECTION 102.02 OF THE REVISED CODE, 7,391
MEMBERS OF THE BOARD ARE NOT PUBLIC OFFICIALS OR EMPLOYEES. 7,392
(C) THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA OTHER THAN 7,394
A LOCAL AREA AS DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF 7,395
THE REVISED CODE, SHALL COORDINATE THE WORKFORCE DEVELOPMENT 7,396
ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING COMMITTEES AND 7,397
THE WORKFORCE POLICY BOARDS IN THE LOCAL AREA IN ANY MANNER THAT 7,398
IS EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF THE LOCAL AREA. 7,399
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA MAY, BUT ARE NOT 7,400
REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES AS THEY 7,401
DETERMINE APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES OF 7,402
WORKFORCE DEVELOPMENT ACTIVITIES. A MAJORITY OF THE MEMBERS OF 7,403
161
THAT CONSOLIDATED BOARD SHALL REPRESENT PRIVATE SECTOR 7,404
BUSINESSES. THE MEMBERSHIP OF THAT CONSOLIDATED BOARD SHALL 7,405
INCLUDE A REPRESENTATIVE FROM EACH GROUP GRANTED REPRESENTATION 7,406
AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND ALSO A MEMBER 7,407
WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A MEMBER WHO 7,408
REPRESENTS THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES. THE 7,409
MEMBERSHIP OF THAT CONSOLIDATED BOARD MAY INCLUDE A 7,410
REPRESENTATIVE OF ONE OR MORE GROUPS AND ENTITIES THAT MAY BE 7,411
REPRESENTED ON A COUNTY FAMILY SERVICES PLANNING COMMITTEE, AS 7,412
SPECIFIED IN SECTION 329.06 OF THE REVISED CODE. 7,413
Sec. 6301.07. (A) EVERY WORKFORCE POLICY BOARD, WITH THE 7,415
AGREEMENT OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, AND 7,416
AFTER HOLDING PUBLIC HEARINGS THAT ALLOW PUBLIC COMMENT AND 7,417
TESTIMONY, SHALL PREPARE A WORKFORCE DEVELOPMENT PLAN AND 7,419
INCORPORATE THAT PLAN INTO AND ATTACH THAT PLAN TO THE
PARTNERSHIP AGREEMENT REQUIRED UNDER SECTION 6301.05 OF THE 7,421
REVISED CODE. THE PLAN SHALL ACCOMPLISH ALL OF THE FOLLOWING: 7,422
(1) IDENTIFY THE WORKFORCE INVESTMENT NEEDS OF BUSINESSES 7,424
IN THE LOCAL AREA, IDENTIFY PROJECTED EMPLOYMENT OPPORTUNITIES, 7,425
AND IDENTIFY THE JOB SKILLS NECESSARY TO OBTAIN THOSE 7,426
OPPORTUNITIES;
(2) IDENTIFY THE LOCAL AREA'S WORKFORCE DEVELOPMENT NEEDS 7,428
FOR YOUTH, DISLOCATED WORKERS, ADULTS, DISPLACED HOMEMAKERS, 7,429
INCUMBENT WORKERS, AND ANY OTHER GROUP OF WORKERS IDENTIFIED BY 7,430
THE WORKFORCE POLICY BOARD; 7,431
(3) DETERMINE THE DISTRIBUTION OF WORKFORCE DEVELOPMENT 7,433
RESOURCES AND FUNDING TO BE DISTRIBUTED FOR EACH WORKFORCE 7,434
DEVELOPMENT ACTIVITY TO MEET THE IDENTIFIED NEEDS, UTILIZING THE 7,437
FUNDS ALLOCATED PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF 7,438
1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED; 7,439
(4) REVIEW THE MINIMUM CURRICULUM REQUIRED BY THE STATE 7,441
WORKFORCE POLICY BOARD FOR CERTIFYING TRAINING PROVIDERS AND 7,442
IDENTIFY ANY ADDITIONAL CURRICULUM REQUIREMENTS TO INCLUDE IN 7,443
CONTRACTS BETWEEN THE TRAINING PROVIDERS AND THE CHIEF ELECTED 7,444
162
OFFICIALS OF THE LOCAL AREA;
(5) ESTABLISH PERFORMANCE STANDARDS FOR SERVICE PROVIDERS 7,446
THAT REFLECT LOCAL WORKFORCE DEVELOPMENT NEEDS; 7,447
(6) DESCRIBE ANY OTHER INFORMATION THE CHIEF ELECTED 7,449
OFFICIALS OF THE LOCAL AREA REQUIRE. 7,450
(B) A WORKFORCE POLICY BOARD MAY PROVIDE POLICY GUIDANCE 7,452
AND RECOMMENDATIONS TO THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,453
AREA FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES. 7,454
(C) NOTHING IN THIS SECTION PROHIBITS THE CHIEF ELECTED 7,456
OFFICIALS OF A LOCAL AREA FROM ASSIGNING, THROUGH A PARTNERSHIP 7,457
AGREEMENT, ANY DUTIES IN ADDITION TO THE DUTIES UNDER THIS 7,458
SECTION TO A WORKFORCE POLICY BOARD, EXCEPT THAT A WORKFORCE 7,459
POLICY BOARD CANNOT CONTRACT WITH ITSELF FOR THE DIRECT PROVISION 7,460
OF SERVICES IN ITS LOCAL AREA. A WORKFORCE POLICY BOARD MAY 7,461
CONSULT WITH THE CHIEF ELECTED OFFICIALS OF ITS LOCAL AREA AND 7,462
MAKE RECOMMENDATIONS REGARDING THE WORKFORCE DEVELOPMENT 7,463
ACTIVITIES PROVIDED IN ITS LOCAL AREA AT ANY TIME. 7,464
Sec. 6301.08. EVERY LOCAL AREA SHALL PARTICIPATE IN A 7,466
ONE-STOP SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES. EACH BOARD 7,467
OF COUNTY COMMISSIONERS AND THE CHIEF ELECTED OFFICIAL OF A 7,468
MUNICIPAL CORPORATION SHALL ENSURE THAT AT LEAST ONE PHYSICAL 7,469
LOCATION IS AVAILABLE IN THE LOCAL AREA FOR THE PROVISION OF 7,470
WORKFORCE DEVELOPMENT ACTIVITIES. 7,471
A ONE-STOP SYSTEM MAY BE OPERATED BY A PRIVATE ENTITY OR A 7,473
PUBLIC AGENCY, INCLUDING A WORKFORCE DEVELOPMENT AGENCY, ANY 7,474
EXISTING FACILITY OR ORGANIZATION THAT IS ESTABLISHED TO 7,475
ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA, 7,476
AND A COUNTY FAMILY SERVICES AGENCY.
A ONE-STOP SYSTEM SHALL INCLUDE REPRESENTATIVES OF ALL THE 7,478
PARTNERS REQUIRED UNDER THE "WORKFORCE INVESTMENT ACT OF 1998," 7,481
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED. ADDITIONALLY, AT 7,483
LEAST ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF JOB AND 7,484
FAMILY SERVICES SHALL STAFF A ONE-STOP SYSTEM TO REPRESENT ALL OF 7,485
THE COUNTY FAMILY SERVICES AGENCIES WITHIN THE LOCAL AREA. 7,486
163
Sec. 6301.09. THE PROVISION UNDER DIVISION (g) OF SECTION 7,488
111 OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 7,493
U.S.C.A. 2801, AS AMENDED, APPLIES TO THE STATE WORKFORCE POLICY 7,495
BOARD CREATED UNDER SECTION 6301.04 OF THE REVISED CODE. THE 7,496
PROVISION UNDER DIVISION (e) OF SECTION 117 OF THE "WORKFORCE 7,498
INVESTMENT ACT OF 1998" APPLIES TO THE WORKFORCE POLICY BOARDS 7,500
ESTABLISHED PURSUANT TO SECTION 6301.04 OF THE REVISED CODE. 7,501
Sec. 6301.10. BEGINNING JANUARY 1, 2001, AND EACH CALENDAR 7,503
QUARTER THEREAFTER, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL 7,504
PREPARE A REPORT CONCERNING THE STATE OF OHIO'S WORKFORCE. THE 7,505
DIRECTOR SHALL DISTRIBUTE THE REPORT TO THE PRESIDENT AND 7,506
MINORITY LEADER OF THE SENATE, THE SPEAKER AND MINORITY LEADER OF 7,508
THE HOUSE OF REPRESENTATIVES, THE STATE WORKFORCE POLICY BOARD, 7,510
THE GOVERNOR'S OFFICE OF APPALACHIAN OHIO, AND THE COMMISSION ON 7,511
AFRICAN-AMERICAN MALES.
Section 2. That existing sections 119.01, 119.03, 121.02, 7,513
121.03, 121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 7,514
153.06, 307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 7,515
307.986, 307.987, 329.011, 329.04, 329.05, 329.06, 2151.011, 7,516
2301.357, 2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 7,517
4141.06, 4141.08, 4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 7,518
4141.28, 5101.01, 5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 7,519
5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 7,520
5101.37, 5101.38, 5101.80, 5101.97, and 5103.02 and sections 7,521
4141.02, 4141.03, 4141.05, 4141.057, 4141.12, 4141.15, 4141.16, 7,523
4141.161, 4141.163, 4141.44, 5101.07, 5101.12, 5101.13, 5101.39, 7,524
5101.40, 5101.41, 5101.56, 5103.01, 5103.05, 5103.06, 5103.09, 7,525
5103.10, 5103.11, 5103.18, and 5103.19 of the Revised Code are 7,526
hereby repealed.
Section 3. That the version of section 119.03 of the 7,528
Revised Code, as scheduled to take effect on April 1, 2001, be 7,529
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 7,538
any rule, an agency shall comply with the following procedure: 7,539
164
(A) Reasonable public notice shall be given in the 7,541
register of Ohio at least thirty days prior to the date set for a 7,543
hearing, in the form the agency determines. The agency shall 7,544
file copies of the public notice under division (B) of this 7,545
section. (The agency gives public notice in the register of Ohio 7,546
when the public notice is published in the register under that 7,547
division.)
The public notice shall include: 7,549
(1) A statement of the agency's intention to consider 7,551
adopting, amending, or rescinding a rule; 7,552
(2) A synopsis of the proposed rule, amendment, or rule to 7,554
be rescinded or a general statement of the subject matter to 7,555
which the proposed rule, amendment, or rescission relates; 7,556
(3) A statement of the reason or purpose for adopting, 7,558
amending, or rescinding the rule; 7,559
(4) The date, time, and place of a hearing on the proposed 7,561
action, which shall be not earlier than the thirty-first nor 7,563
later than the fortieth day after the proposed rule, amendment, 7,565
or rescission is filed under division (B) of this section. 7,566
In addition to public notice given in the register of Ohio, 7,569
the agency may give whatever other notice it reasonably considers 7,571
necessary to ensure notice constructively is given to all persons 7,572
who are subject to or affected by the proposed rule, amendment, 7,573
or rescission.
The agency shall provide a copy of the public notice 7,576
required under division (A) of this section to any person who 7,577
requests it and pays a reasonable fee, not to exceed the cost of 7,578
copying and mailing. 7,579
(B) The full text of the proposed rule, amendment, or rule 7,582
to be rescinded, accompanied by the public notice required under 7,583
division (A) of this section, shall be filed in both print and 7,584
electronic form with the secretary of state and with the director 7,586
of the legislative service commission. (If in compliance with 7,587
this division an agency files more than one proposed rule, 7,588
165
amendment, or rescission at the same time, and has prepared a 7,589
public notice under division (A) of this section that applies to 7,590
more than one of the proposed rules, amendments, or rescissions, 7,591
the agency shall file only one notice with the secretary of state 7,592
and with the director for all of the proposed rules, amendments, 7,593
or rescissions to which the notice applies.) The proposed rule, 7,594
amendment, or rescission and public notice shall be filed as 7,595
required by this division at least sixty-five days prior to the 7,596
date on which the agency, in accordance with division (D) of this 7,597
section, issues an order adopting the proposed rule, amendment, 7,598
or rescission. 7,599
The proposed rule, amendment, or rescission shall be 7,602
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 7,603
form without charge to any person affected by the proposal. 7,604
Failure to furnish such text to any person requesting it shall 7,605
not invalidate any action of the agency in connection therewith. 7,606
If the agency files a substantive revision in the text of 7,608
the proposed rule, amendment, or rescission under division (H) of 7,609
this section, it shall also promptly file the full text of the 7,611
proposed rule, amendment, or rescission in its revised form in 7,612
both print and electronic form with the secretary of state and 7,613
with the director of the legislative service commission. 7,614
The agency shall file the rule summary and fiscal analysis 7,618
prepared under section 121.24 or 127.18 of the Revised Code, or 7,619
both, in both print and electronic form along with a proposed 7,620
rule, amendment, or rescission or proposed rule, amendment, or 7,621
rescission in revised form that is filed with the secretary of 7,622
state or the director of the legislative service commission. 7,623
The director of the legislative service commission shall 7,625
publish in the register of Ohio the full text of the original and 7,627
each revised version of a proposed rule, amendment, or 7,628
rescission; the full text of a public notice; and the full text 7,630
of a rule summary and fiscal analysis that is filed with the 7,631
166
director under this division.
(C) On the date and at the time and place designated in 7,633
the notice, the agency shall conduct a public hearing at which 7,634
any person affected by the proposed action of the agency may 7,635
appear and be heard in person, by the person's attorney, or both, 7,637
may present the person's position, arguments, or contentions, 7,638
orally or in writing, offer and examine witnesses, and present 7,640
evidence tending to show that the proposed rule, amendment, or 7,641
rescission, if adopted or effectuated, will be unreasonable or 7,642
unlawful. An agency may permit persons affected by the proposed 7,643
rule, amendment, or rescission to present their positions, 7,644
arguments, or contentions in writing, not only at the hearing, 7,645
but also for a reasonable period before, after, or both before 7,646
and after the hearing. A person who presents a position or 7,647
arguments or contentions in writing before or after the hearing 7,648
is not required to appear at the hearing. 7,649
At the hearing, the testimony shall be recorded. Such 7,651
record shall be made at the expense of the agency. The agency is 7,654
required to transcribe a record that is not sight readable only 7,655
if a person requests transcription of all or part of the record 7,656
and agrees to reimburse the agency for the costs of the 7,657
transcription. An agency may require the person to pay in 7,658
advance all or part of the cost of the transcription. 7,659
In any hearing under this section the agency may administer 7,661
oaths or affirmations. 7,662
(D) After complying with divisions (A), (B), (C), and (H) 7,664
of this section, and when the time for legislative review and 7,665
invalidation under division (I) of this section has expired, the 7,666
agency may issue an order adopting the proposed rule or the 7,667
proposed amendment or rescission of the rule, consistent with the 7,668
synopsis or general statement included in the public notice. At 7,669
that time the agency shall designate the effective date of the 7,670
rule, amendment, or rescission, which shall not be earlier than 7,671
the tenth day after the rule, amendment, or rescission has been 7,672
167
filed in its final form as provided in section 119.04 of the 7,673
Revised Code. 7,674
(E) Prior to the effective date of a rule, amendment, or 7,676
rescission, the agency shall make a reasonable effort to inform 7,677
those affected by the rule, amendment, or rescission and to have 7,678
available for distribution to those requesting it the full text 7,679
of the rule as adopted or as amended. 7,680
(F) If the governor, upon the request of an agency, 7,682
determines that an emergency requires the immediate adoption, 7,683
amendment, or rescission of a rule, the governor shall issue an 7,685
order, the text of which shall be filed in both print and 7,686
electronic form with the agency, the secretary of state, the 7,688
director of the legislative service commission, and the joint 7,689
committee on agency rule review, that the procedure prescribed by 7,690
this section with respect to the adoption, amendment, or 7,691
rescission of a specified rule is suspended. The agency may then 7,692
adopt immediately the emergency rule, amendment, or rescission 7,693
and it becomes effective on the date the rule, amendment, or 7,694
rescission, in final form and in compliance with division (A)(2) 7,695
of section 119.04 of the Revised Code, are filed in both print 7,696
and electronic form with the secretary of state, the director of 7,698
the legislative service commission, and the joint committee on 7,700
agency rule review. If all filings are not completed on the same 7,702
day, the emergency rule, amendment, or rescission shall be 7,703
effective on the day on which the latest filing is completed. 7,704
The director shall publish the full text of the emergency rule, 7,706
amendment, or rescission in the register of Ohio. 7,707
The emergency rule, amendment, or rescission shall become 7,710
invalid at the end of the ninetieth day it is in effect. Prior 7,711
to that date the agency may adopt the emergency rule, amendment, 7,712
or rescission as a nonemergency rule, amendment, or rescission by 7,713
complying with the procedure prescribed by this section for the 7,714
adoption, amendment, and rescission of nonemergency rules. The 7,715
agency shall not use the procedure of this division to readopt 7,716
168
the emergency rule, amendment, or rescission so that, upon the 7,717
emergency rule, amendment, or rescission becoming invalid under 7,718
this division, the emergency rule, amendment, or rescission will 7,719
continue in effect without interruption for another ninety-day 7,720
period.
This division does not apply to the adoption of any 7,722
emergency rule, amendment, or rescission by the tax commissioner 7,723
under division (C)(2) of section 5117.02 of the Revised Code. 7,724
(G) Rules adopted by an authority within the department of 7,726
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 7,727
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 7,728
DEPARTMENT of employment services TAXATION shall be effective 7,730
without a hearing as provided by this section if the statutes 7,731
pertaining to such agency specifically give a right of appeal to 7,732
the board of tax appeals or to a higher authority within the 7,733
agency or to a court, and also give the appellant a right to a 7,734
hearing on such appeal. This division does not apply to the 7,735
adoption of any rule, amendment, or rescission by the tax 7,736
commissioner under division (C)(1) or (2) of section 5117.02 of 7,737
the Revised Code, or deny the right to file an action for 7,738
declaratory judgment as provided in Chapter 2721. of the Revised 7,739
Code from the decision of the board of tax appeals or of the 7,740
higher authority within such agency. 7,741
(H) When any agency files a proposed rule, amendment, or 7,743
rescission under division (B) of this section, it shall also file 7,744
in both print and electronic form with the joint committee on 7,745
agency rule review the full text of the proposed rule, amendment, 7,747
or rule to be rescinded in the same form and the public notice 7,748
required under division (A) of this section. (If in compliance 7,749
with this division an agency files more than one proposed rule, 7,750
amendment, or rescission at the same time, and has given a public 7,751
notice under division (A) of this section that applies to more 7,752
than one of the proposed rules, amendments, or rescissions, the 7,753
agency shall file only one notice with the joint committee for 7,756
169
all of the proposed rules, amendments, or rescissions to which 7,757
the notice applies.) If the agency makes a substantive revision 7,758
in a proposed rule, amendment, or rescission after it is filed 7,759
with the joint committee, the agency shall promptly file the full 7,760
text of the proposed rule, amendment, or rescission in its 7,761
revised form in both print and electronic form with the joint 7,762
committee. The latest version of a proposed rule, amendment, or 7,763
rescission as filed with the joint committee supersedes each 7,764
earlier version of the text of the same proposed rule, amendment, 7,765
or rescission. An agency shall file the rule summary and fiscal 7,767
analysis prepared under section 121.24 or 127.18 of the Revised 7,768
Code, or both, in both print and electronic form along with a 7,769
proposed rule, amendment, or rescission, and along with a 7,770
proposed rule, amendment, or rescission in revised form, that is 7,771
filed under this division. 7,772
This division does not apply to: 7,774
(1) An emergency rule, amendment, or rescission; 7,776
(2) Any proposed rule, amendment, or rescission that must 7,778
be adopted verbatim by an agency pursuant to federal law or rule, 7,779
to become effective within sixty days of adoption, in order to 7,780
continue the operation of a federally reimbursed program in this 7,781
state, so long as the proposed rule contains both of the 7,782
following: 7,783
(a) A statement that it is proposed for the purpose of 7,785
complying with a federal law or rule; 7,786
(b) A citation to the federal law or rule that requires 7,788
verbatim compliance. 7,789
If a rule or amendment is exempt from legislative review 7,791
under division (H)(2) of this section, and if the federal law or 7,792
rule pursuant to which the rule or amendment was adopted expires, 7,793
is repealed or rescinded, or otherwise terminates, the rule or 7,794
amendment, or its rescission, is thereafter subject to 7,795
legislative review under division (H) of this section. 7,796
(I)(1) The joint committee on agency rule review may 7,798
170
recommend the adoption of a concurrent resolution invalidating a 7,799
proposed rule, amendment, rescission, or part thereof if it finds 7,800
any of the following: 7,801
(a) That the rule-making agency has exceeded the scope of 7,803
its statutory authority in proposing the rule, amendment, or 7,804
rescission; 7,805
(b) That the proposed rule, amendment, or rescission 7,807
conflicts with another rule, amendment, or rescission adopted by 7,808
the same or a different rule-making agency; 7,809
(c) That the proposed rule, amendment, or rescission 7,811
conflicts with the legislative intent in enacting the statute 7,812
under which the rule-making agency proposed the rule, amendment, 7,813
or rescission; 7,814
(d) That the rule-making agency has failed to prepare a 7,816
complete and accurate rule summary and fiscal analysis of the 7,817
proposed rule, amendment, or rescission as required by section 7,818
121.24 or 127.18 of the Revised Code, or both. 7,819
The joint committee shall not hold its public hearing on a 7,821
proposed rule, amendment, or rescission earlier than the 7,822
forty-first day after the original version of the proposed rule, 7,823
amendment, or rescission was filed with the joint committee. 7,824
The house of representatives and senate may adopt a 7,826
concurrent resolution invalidating a proposed rule, amendment, 7,827
rescission, or part thereof. The concurrent resolution shall 7,828
state which of the specific rules, amendments, rescissions, or 7,829
parts thereof are invalidated. A concurrent resolution 7,830
invalidating a proposed rule, amendment, or rescission shall be 7,831
adopted not later than the sixty-fifth day after the original 7,833
version of the text of the proposed rule, amendment, or 7,834
rescission is filed with the joint committee, except that if more 7,835
than thirty-five days after the original version is filed the 7,836
rule-making agency either files a revised version of the text of 7,837
the proposed rule, amendment, or rescission, or revises the rule 7,838
summary and fiscal analysis in accordance with division (I)(4) of 7,839
171
this section, a concurrent resolution invalidating the proposed 7,840
rule, amendment, or rescission shall be adopted not later than 7,841
the thirtieth day after the revised version of the proposed rule 7,843
or rule summary and fiscal analysis is filed. If, after the 7,844
joint committee on agency rule review recommends the adoption of 7,845
a concurrent resolution invalidating a proposed rule, amendment, 7,846
rescission, or part thereof, the house of representatives or 7,847
senate does not, within the time remaining for adoption of the 7,848
concurrent resolution, hold five floor sessions at which its 7,849
journal records a roll call vote disclosing a sufficient number 7,850
of members in attendance to pass a bill, the time within which 7,851
that house may adopt the concurrent resolution is extended until 7,852
it has held five such floor sessions. 7,853
Within five days after the adoption of a concurrent 7,855
resolution invalidating a proposed rule, amendment, rescission, 7,856
or part thereof, the clerk of the senate shall send the 7,857
rule-making agency, the secretary of state, and the director of 7,858
the legislative service commission in both print and electronic 7,859
form a certified text of the resolution together with a 7,861
certification stating the date on which the resolution takes 7,862
effect. The secretary of state and the director of the 7,863
legislative service commission shall each note the invalidity of 7,864
the proposed rule, amendment, rescission, or part thereof, and 7,865
shall each remove the invalid proposed rule, amendment, 7,867
rescission, or part thereof from the file of proposed rules. The 7,868
rule-making agency shall not proceed to adopt in accordance with 7,869
division (D) of this section, or to file in accordance with 7,870
division (B)(1) of section 111.15 of the Revised Code, any 7,871
version of a proposed rule, amendment, rescission, or part 7,872
thereof that has been invalidated by concurrent resolution. 7,873
Unless the house of representatives and senate adopt a 7,875
concurrent resolution invalidating a proposed rule, amendment, 7,876
rescission, or part thereof within the time specified by this 7,877
division, the rule-making agency may proceed to adopt in 7,878
172
accordance with division (D) of this section, or to file in 7,879
accordance with division (B)(1) of section 111.15 of the Revised 7,880
Code, the latest version of the proposed rule, amendment, or 7,881
rescission as filed with the joint committee. If by concurrent 7,882
resolution certain of the rules, amendments, rescissions, or 7,883
parts thereof are specifically invalidated, the rule-making 7,884
agency may proceed to adopt, in accordance with division (D) of 7,885
this section, or to file in accordance with division (B)(1) of 7,886
section 111.15 of the Revised Code, the latest version of the 7,887
proposed rules, amendments, rescissions, or parts thereof as 7,888
filed with the joint committee that are not specifically 7,889
invalidated. The rule-making agency may not revise or amend any 7,890
proposed rule, amendment, rescission, or part thereof that has 7,891
not been invalidated except as provided in this chapter or in 7,892
section 111.15 of the Revised Code. 7,893
(2)(a) A proposed rule, amendment, or rescission that is 7,895
filed with the joint committee under division (H) of this section 7,896
or division (D) of section 111.15 of the Revised Code shall be 7,897
carried over for legislative review to the next succeeding 7,898
regular session of the general assembly if the original or any 7,899
revised version of the proposed rule, amendment, or rescission is 7,900
filed with the joint committee on or after the first day of 7,901
December of any year. 7,902
(b) The latest version of any proposed rule, amendment, or 7,904
rescission that is subject to division (I)(2)(a) of this section, 7,905
as filed with the joint committee, is subject to legislative 7,906
review and invalidation in the next succeeding regular session of 7,907
the general assembly in the same manner as if it were the 7,908
original version of a proposed rule, amendment, or rescission 7,909
that had been filed with the joint committee for the first time 7,910
on the first day of the session. A rule-making agency shall not 7,911
adopt in accordance with division (D) of this section, or file in 7,912
accordance with division (B)(1) of section 111.15 of the Revised 7,913
Code, any version of a proposed rule, amendment, or rescission 7,914
173
that is subject to division (I)(2)(a) of this section until the 7,915
time for legislative review and invalidation, as contemplated by 7,916
division (I)(2)(b) of this section, has expired. 7,917
(3) Invalidation of any version of a proposed rule, 7,919
amendment, rescission, or part thereof by concurrent resolution 7,920
shall prevent the rule-making agency from instituting or 7,921
continuing proceedings to adopt any version of the same proposed 7,922
rule, amendment, rescission, or part thereof for the duration of 7,923
the general assembly that invalidated the proposed rule, 7,924
amendment, rescission, or part thereof unless the same general 7,925
assembly adopts a concurrent resolution permitting the 7,926
rule-making agency to institute or continue such proceedings. 7,927
The failure of the general assembly to invalidate a 7,929
proposed rule, amendment, rescission, or part thereof under this 7,930
section shall not be construed as a ratification of the 7,931
lawfulness or reasonableness of the proposed rule, amendment, 7,932
rescission, or any part thereof or of the validity of the 7,933
procedure by which the proposed rule, amendment, rescission, or 7,934
any part thereof was proposed or adopted. 7,935
(4) In lieu of recommending a concurrent resolution to 7,937
invalidate a proposed rule, amendment, rescission, or part 7,938
thereof because the rule-making agency has failed to prepare a 7,939
complete and accurate fiscal analysis, the joint committee on 7,940
agency rule review may issue, on a one-time basis, for rules, 7,941
amendments, rescissions, or parts thereof that have a fiscal 7,942
effect on school districts, counties, townships, or municipal 7,943
corporations, a finding that the rule summary and fiscal analysis 7,945
is incomplete or inaccurate and order the rule-making agency to 7,946
revise the rule summary and fiscal analysis and refile it with 7,947
the proposed rule, amendment, rescission, or part thereof. If an 7,948
emergency rule is filed as a nonemergency rule before the end of 7,949
the ninetieth day of the emergency rule's effectiveness, and the 7,950
joint committee issues a finding and orders the rule-making 7,951
agency to refile under division (I)(4) of this section, the 7,952
174
governor may also issue an order stating that the emergency rule 7,954
shall remain in effect for an additional sixty days after the 7,955
ninetieth day of the emergency rule's effectiveness. The 7,956
governor's orders shall be filed in accordance with division (F) 7,958
of this section. The joint committee shall send in both print 7,959
and electronic form to the rule-making agency, the secretary of 7,960
state, and the director of the legislative service commission a 7,961
certified text of the finding and order to revise the rule 7,963
summary and fiscal analysis, which shall take immediate effect. 7,964
An order issued under division (I)(4) of this section shall 7,967
prevent the rule-making agency from instituting or continuing 7,968
proceedings to adopt any version of the proposed rule, amendment, 7,969
rescission, or part thereof until the rule-making agency revises 7,970
the rule summary and fiscal analysis and refiles it in both print 7,971
and electronic form with the joint committee along with the 7,972
proposed rule, amendment, rescission, or part thereof. If the 7,973
joint committee finds the rule summary and fiscal analysis to be 7,974
complete and accurate, the joint committee shall issue a new 7,975
order noting that the rule-making agency has revised and refiled 7,976
a complete and accurate rule summary and fiscal analysis. The 7,977
joint committee shall send in both print and electronic form to 7,978
the rule-making agency, the secretary of state, and the director 7,980
of the legislative service commission a certified text of this 7,981
new order. The secretary of state and the director of the 7,983
legislative service commission shall each attach and link this 7,984
order to the proposed rule, amendment, rescission, or part 7,985
thereof. The rule-making agency may then proceed to adopt in 7,986
accordance with division (D) of this section, or to file in 7,987
accordance with division (B)(1) of section 111.15 of the Revised 7,988
Code, the proposed rule, amendment, rescission, or part thereof 7,989
that was subject to the finding and order under division (I)(4) 7,990
of this section. If the joint committee determines that the 7,991
revised rule summary and fiscal analysis is still inaccurate or 7,992
incomplete, the joint committee shall recommend the adoption of a 7,993
175
concurrent resolution in accordance with division (I)(1) of this 7,994
section.
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL 7,997
APRIL 1, 2002.
Section 4. That all existing versions of section 119.03 of 7,999
the Revised Code are hereby repealed. 8,000
Section 5. Sections 3 and 4 of this act take effect April 8,002
1, 2001.
Section 6. That the version of section 119.03 of the 8,004
Revised Code, as scheduled to take effect on April 1, 2002, be 8,005
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 8,014
any rule, an agency shall comply with the following procedure: 8,015
(A) Reasonable public notice shall be given in the 8,017
register of Ohio at least thirty days prior to the date set for a 8,019
hearing, in the form the agency determines. The agency shall 8,020
file copies of the public notice under division (B) of this 8,021
section. (The agency gives public notice in the register of Ohio 8,022
when the public notice is published in the register under that 8,023
division.)
The public notice shall include: 8,026
(1) A statement of the agency's intention to consider 8,028
adopting, amending, or rescinding a rule; 8,029
(2) A synopsis of the proposed rule, amendment, or rule to 8,031
be rescinded or a general statement of the subject matter to 8,032
which the proposed rule, amendment, or rescission relates; 8,033
(3) A statement of the reason or purpose for adopting, 8,035
amending, or rescinding the rule; 8,036
(4) The date, time, and place of a hearing on the proposed 8,038
action, which shall be not earlier than the thirty-first nor 8,040
later than the fortieth day after the proposed rule, amendment, 8,042
or rescission is filed under division (B) of this section. 8,043
In addition to public notice given in the register of Ohio, 8,046
the agency may give whatever other notice it reasonably considers 8,048
176
necessary to ensure notice constructively is given to all persons 8,049
who are subject to or affected by the proposed rule, amendment, 8,050
or rescission.
The agency shall provide a copy of the public notice 8,053
required under division (A) of this section to any person who 8,054
requests it and pays a reasonable fee, not to exceed the cost of 8,055
copying and mailing. 8,056
(B) The full text of the proposed rule, amendment, or rule 8,059
to be rescinded, accompanied by the public notice required under 8,060
division (A) of this section, shall be filed in electronic form 8,061
with the secretary of state and with the director of the 8,064
legislative service commission. (If in compliance with this 8,065
division an agency files more than one proposed rule, amendment, 8,066
or rescission at the same time, and has prepared a public notice 8,067
under division (A) of this section that applies to more than one 8,070
of the proposed rules, amendments, or rescissions, the agency 8,071
shall file only one notice with the secretary of state and with 8,073
the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule, 8,074
amendment, or rescission and public notice shall be filed as 8,075
required by this division at least sixty-five days prior to the 8,076
date on which the agency, in accordance with division (D) of this 8,077
section, issues an order adopting the proposed rule, amendment, 8,078
or rescission. 8,079
The proposed rule, amendment, or rescission shall be 8,082
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 8,083
form without charge to any person affected by the proposal. 8,084
Failure to furnish such text to any person requesting it shall 8,085
not invalidate any action of the agency in connection therewith. 8,086
If the agency files a substantive revision in the text of 8,088
the proposed rule, amendment, or rescission under division (H) of 8,089
this section, it shall also promptly file the full text of the 8,091
proposed rule, amendment, or rescission in its revised form in 8,092
177
electronic form with the secretary of state and with the director 8,094
of the legislative service commission.
The agency shall file the rule summary and fiscal analysis 8,098
prepared under section 121.24 or 127.18 of the Revised Code, or 8,099
both, in electronic form along with a proposed rule, amendment, 8,101
or rescission or proposed rule, amendment, or rescission in 8,104
revised form that is filed with the secretary of state or the
director of the legislative service commission. 8,105
The director of the legislative service commission shall 8,107
publish in the register of Ohio the full text of the original and 8,109
each revised version of a proposed rule, amendment, or 8,110
rescission; the full text of a public notice; and the full text 8,112
of a rule summary and fiscal analysis that is filed with the 8,113
director under this division.
(C) On the date and at the time and place designated in 8,115
the notice, the agency shall conduct a public hearing at which 8,116
any person affected by the proposed action of the agency may 8,117
appear and be heard in person, by the person's attorney, or both, 8,119
may present the person's position, arguments, or contentions, 8,120
orally or in writing, offer and examine witnesses, and present 8,122
evidence tending to show that the proposed rule, amendment, or 8,123
rescission, if adopted or effectuated, will be unreasonable or 8,124
unlawful. An agency may permit persons affected by the proposed 8,125
rule, amendment, or rescission to present their positions, 8,126
arguments, or contentions in writing, not only at the hearing, 8,127
but also for a reasonable period before, after, or both before 8,128
and after the hearing. A person who presents a position or 8,129
arguments or contentions in writing before or after the hearing 8,130
is not required to appear at the hearing. 8,131
At the hearing, the testimony shall be recorded. Such 8,133
record shall be made at the expense of the agency. The agency is 8,136
required to transcribe a record that is not sight readable only 8,137
if a person requests transcription of all or part of the record 8,138
and agrees to reimburse the agency for the costs of the 8,139
178
transcription. An agency may require the person to pay in 8,140
advance all or part of the cost of the transcription. 8,141
In any hearing under this section the agency may administer 8,143
oaths or affirmations. 8,144
(D) After complying with divisions (A), (B), (C), and (H) 8,147
of this section, and when the time for legislative review and 8,148
invalidation under division (I) of this section has expired, the 8,149
agency may issue an order adopting the proposed rule or the 8,150
proposed amendment or rescission of the rule, consistent with the 8,151
synopsis or general statement included in the public notice. At 8,152
that time the agency shall designate the effective date of the 8,153
rule, amendment, or rescission, which shall not be earlier than 8,154
the tenth day after the rule, amendment, or rescission has been 8,155
filed in its final form as provided in section 119.04 of the 8,156
Revised Code. 8,157
(E) Prior to the effective date of a rule, amendment, or 8,159
rescission, the agency shall make a reasonable effort to inform 8,160
those affected by the rule, amendment, or rescission and to have 8,161
available for distribution to those requesting it the full text 8,162
of the rule as adopted or as amended. 8,163
(F) If the governor, upon the request of an agency, 8,165
determines that an emergency requires the immediate adoption, 8,166
amendment, or rescission of a rule, the governor shall issue an 8,168
order, the text of which shall be filed in electronic form with 8,169
the agency, the secretary of state, the director of the 8,170
legislative service commission, and the joint committee on agency 8,171
rule review, that the procedure prescribed by this section with 8,172
respect to the adoption, amendment, or rescission of a specified 8,173
rule is suspended. The agency may then adopt immediately the 8,174
emergency rule, amendment, or rescission and it becomes effective 8,175
on the date the rule, amendment, or rescission, in final form and 8,176
in compliance with division (A)(2) of section 119.04 of the 8,177
Revised Code, are filed in electronic form with the secretary of 8,180
state, the director of the legislative service commission, and 8,181
179
the joint committee on agency rule review. If all filings are 8,182
not completed on the same day, the emergency rule, amendment, or 8,183
rescission shall be effective on the day on which the latest 8,184
filing is completed. The director shall publish the full text 8,185
of the emergency rule, amendment, or rescission in the register 8,186
of Ohio.
The emergency rule, amendment, or rescission shall become 8,189
invalid at the end of the ninetieth day it is in effect. Prior 8,190
to that date the agency may adopt the emergency rule, amendment, 8,191
or rescission as a nonemergency rule, amendment, or rescission by 8,192
complying with the procedure prescribed by this section for the 8,193
adoption, amendment, and rescission of nonemergency rules. The 8,194
agency shall not use the procedure of this division to readopt 8,195
the emergency rule, amendment, or rescission so that, upon the 8,196
emergency rule, amendment, or rescission becoming invalid under 8,197
this division, the emergency rule, amendment, or rescission will 8,198
continue in effect without interruption for another ninety-day 8,199
period.
This division does not apply to the adoption of any 8,201
emergency rule, amendment, or rescission by the tax commissioner 8,202
under division (C)(2) of section 5117.02 of the Revised Code. 8,203
(G) Rules adopted by an authority within the department of 8,205
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 8,206
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 8,207
DEPARTMENT of employment services TAXATION shall be effective 8,209
without a hearing as provided by this section if the statutes 8,210
pertaining to such agency specifically give a right of appeal to 8,211
the board of tax appeals or to a higher authority within the 8,212
agency or to a court, and also give the appellant a right to a 8,213
hearing on such appeal. This division does not apply to the 8,214
adoption of any rule, amendment, or rescission by the tax 8,215
commissioner under division (C)(1) or (2) of section 5117.02 of 8,216
the Revised Code, or deny the right to file an action for 8,217
declaratory judgment as provided in Chapter 2721. of the Revised 8,218
180
Code from the decision of the board of tax appeals or of the 8,219
higher authority within such agency. 8,220
(H) When any agency files a proposed rule, amendment, or 8,222
rescission under division (B) of this section, it shall also file 8,223
in electronic form with the joint committee on agency rule review 8,225
the full text of the proposed rule, amendment, or rule to be 8,226
rescinded in the same form and the public notice required under 8,228
division (A) of this section. (If in compliance with this 8,229
division an agency files more than one proposed rule, amendment, 8,230
or rescission at the same time, and has given a public notice 8,231
under division (A) of this section that applies to more than one 8,232
of the proposed rules, amendments, or rescissions, the agency 8,233
shall file only one notice with the joint committee for all of 8,234
the proposed rules, amendments, or rescissions to which the 8,235
notice applies.) If the agency makes a substantive revision in a 8,236
proposed rule, amendment, or rescission after it is filed with 8,237
the joint committee, the agency shall promptly file the full text 8,238
of the proposed rule, amendment, or rescission in its revised 8,239
form in electronic form with the joint committee. The latest 8,242
version of a proposed rule, amendment, or rescission as filed 8,243
with the joint committee supersedes each earlier version of the 8,244
text of the same proposed rule, amendment, or rescission. An 8,245
agency shall file the rule summary and fiscal analysis prepared 8,246
under section 121.24 or 127.18 of the Revised Code, or both, in 8,248
electronic form along with a proposed rule, amendment, or 8,250
rescission, and along with a proposed rule, amendment, or 8,251
rescission in revised form, that is filed under this division. 8,252
This division does not apply to: 8,254
(1) An emergency rule, amendment, or rescission; 8,256
(2) Any proposed rule, amendment, or rescission that must 8,258
be adopted verbatim by an agency pursuant to federal law or rule, 8,259
to become effective within sixty days of adoption, in order to 8,260
continue the operation of a federally reimbursed program in this 8,261
state, so long as the proposed rule contains both of the 8,262
181
following: 8,263
(a) A statement that it is proposed for the purpose of 8,265
complying with a federal law or rule; 8,266
(b) A citation to the federal law or rule that requires 8,268
verbatim compliance. 8,269
If a rule or amendment is exempt from legislative review 8,271
under division (H)(2) of this section, and if the federal law or 8,272
rule pursuant to which the rule or amendment was adopted expires, 8,273
is repealed or rescinded, or otherwise terminates, the rule or 8,274
amendment, or its rescission, is thereafter subject to 8,275
legislative review under division (H) of this section. 8,276
(I)(1) The joint committee on agency rule review may 8,278
recommend the adoption of a concurrent resolution invalidating a 8,279
proposed rule, amendment, rescission, or part thereof if it finds 8,280
any of the following: 8,281
(a) That the rule-making agency has exceeded the scope of 8,283
its statutory authority in proposing the rule, amendment, or 8,284
rescission; 8,285
(b) That the proposed rule, amendment, or rescission 8,287
conflicts with another rule, amendment, or rescission adopted by 8,288
the same or a different rule-making agency; 8,289
(c) That the proposed rule, amendment, or rescission 8,291
conflicts with the legislative intent in enacting the statute 8,292
under which the rule-making agency proposed the rule, amendment, 8,293
or rescission; 8,294
(d) That the rule-making agency has failed to prepare a 8,296
complete and accurate rule summary and fiscal analysis of the 8,297
proposed rule, amendment, or rescission as required by section 8,298
121.24 or 127.18 of the Revised Code, or both. 8,299
The joint committee shall not hold its public hearing on a 8,301
proposed rule, amendment, or rescission earlier than the 8,302
forty-first day after the original version of the proposed rule, 8,303
amendment, or rescission was filed with the joint committee. 8,304
The house of representatives and senate may adopt a 8,306
182
concurrent resolution invalidating a proposed rule, amendment, 8,307
rescission, or part thereof. The concurrent resolution shall 8,308
state which of the specific rules, amendments, rescissions, or 8,309
parts thereof are invalidated. A concurrent resolution 8,310
invalidating a proposed rule, amendment, or rescission shall be 8,311
adopted not later than the sixty-fifth day after the original 8,313
version of the text of the proposed rule, amendment, or 8,314
rescission is filed with the joint committee, except that if more 8,315
than thirty-five days after the original version is filed the 8,316
rule-making agency either files a revised version of the text of 8,317
the proposed rule, amendment, or rescission, or revises the rule 8,318
summary and fiscal analysis in accordance with division (I)(4) of 8,319
this section, a concurrent resolution invalidating the proposed 8,320
rule, amendment, or rescission shall be adopted not later than 8,321
the thirtieth day after the revised version of the proposed rule 8,323
or rule summary and fiscal analysis is filed. If, after the 8,324
joint committee on agency rule review recommends the adoption of 8,325
a concurrent resolution invalidating a proposed rule, amendment, 8,326
rescission, or part thereof, the house of representatives or 8,327
senate does not, within the time remaining for adoption of the 8,328
concurrent resolution, hold five floor sessions at which its 8,329
journal records a roll call vote disclosing a sufficient number 8,330
of members in attendance to pass a bill, the time within which 8,331
that house may adopt the concurrent resolution is extended until 8,332
it has held five such floor sessions. 8,333
Within five days after the adoption of a concurrent 8,335
resolution invalidating a proposed rule, amendment, rescission, 8,336
or part thereof, the clerk of the senate shall send the 8,337
rule-making agency, the secretary of state, and the director of 8,338
the legislative service commission in electronic form a certified 8,340
text of the resolution together with a certification stating the 8,341
date on which the resolution takes effect. The secretary of 8,342
state and the director of the legislative service commission 8,343
shall each note the invalidity of the proposed rule, amendment, 8,344
183
rescission, or part thereof, and shall each remove the invalid 8,346
proposed rule, amendment, rescission, or part thereof from the 8,347
file of proposed rules. The rule-making agency shall not proceed 8,348
to adopt in accordance with division (D) of this section, or to 8,349
file in accordance with division (B)(1) of section 111.15 of the 8,350
Revised Code, any version of a proposed rule, amendment, 8,351
rescission, or part thereof that has been invalidated by 8,352
concurrent resolution. 8,353
Unless the house of representatives and senate adopt a 8,355
concurrent resolution invalidating a proposed rule, amendment, 8,356
rescission, or part thereof within the time specified by this 8,357
division, the rule-making agency may proceed to adopt in 8,358
accordance with division (D) of this section, or to file in 8,359
accordance with division (B)(1) of section 111.15 of the Revised 8,360
Code, the latest version of the proposed rule, amendment, or 8,361
rescission as filed with the joint committee. If by concurrent 8,362
resolution certain of the rules, amendments, rescissions, or 8,363
parts thereof are specifically invalidated, the rule-making 8,364
agency may proceed to adopt, in accordance with division (D) of 8,365
this section, or to file in accordance with division (B)(1) of 8,366
section 111.15 of the Revised Code, the latest version of the 8,367
proposed rules, amendments, rescissions, or parts thereof as 8,368
filed with the joint committee that are not specifically 8,369
invalidated. The rule-making agency may not revise or amend any 8,370
proposed rule, amendment, rescission, or part thereof that has 8,371
not been invalidated except as provided in this chapter or in 8,372
section 111.15 of the Revised Code. 8,373
(2)(a) A proposed rule, amendment, or rescission that is 8,375
filed with the joint committee under division (H) of this section 8,376
or division (D) of section 111.15 of the Revised Code shall be 8,377
carried over for legislative review to the next succeeding 8,378
regular session of the general assembly if the original or any 8,379
revised version of the proposed rule, amendment, or rescission is 8,380
filed with the joint committee on or after the first day of 8,381
184
December of any year. 8,382
(b) The latest version of any proposed rule, amendment, or 8,384
rescission that is subject to division (I)(2)(a) of this section, 8,385
as filed with the joint committee, is subject to legislative 8,386
review and invalidation in the next succeeding regular session of 8,387
the general assembly in the same manner as if it were the 8,388
original version of a proposed rule, amendment, or rescission 8,389
that had been filed with the joint committee for the first time 8,390
on the first day of the session. A rule-making agency shall not 8,391
adopt in accordance with division (D) of this section, or file in 8,392
accordance with division (B)(1) of section 111.15 of the Revised 8,393
Code, any version of a proposed rule, amendment, or rescission 8,394
that is subject to division (I)(2)(a) of this section until the 8,395
time for legislative review and invalidation, as contemplated by 8,396
division (I)(2)(b) of this section, has expired. 8,397
(3) Invalidation of any version of a proposed rule, 8,399
amendment, rescission, or part thereof by concurrent resolution 8,400
shall prevent the rule-making agency from instituting or 8,401
continuing proceedings to adopt any version of the same proposed 8,402
rule, amendment, rescission, or part thereof for the duration of 8,403
the general assembly that invalidated the proposed rule, 8,404
amendment, rescission, or part thereof unless the same general 8,405
assembly adopts a concurrent resolution permitting the 8,406
rule-making agency to institute or continue such proceedings. 8,407
The failure of the general assembly to invalidate a 8,409
proposed rule, amendment, rescission, or part thereof under this 8,410
section shall not be construed as a ratification of the 8,411
lawfulness or reasonableness of the proposed rule, amendment, 8,412
rescission, or any part thereof or of the validity of the 8,413
procedure by which the proposed rule, amendment, rescission, or 8,414
any part thereof was proposed or adopted. 8,415
(4) In lieu of recommending a concurrent resolution to 8,417
invalidate a proposed rule, amendment, rescission, or part 8,418
thereof because the rule-making agency has failed to prepare a 8,419
185
complete and accurate fiscal analysis, the joint committee on 8,420
agency rule review may issue, on a one-time basis, for rules, 8,421
amendments, rescissions, or parts thereof that have a fiscal 8,422
effect on school districts, counties, townships, or municipal 8,423
corporations, a finding that the rule summary and fiscal analysis 8,425
is incomplete or inaccurate and order the rule-making agency to 8,426
revise the rule summary and fiscal analysis and refile it with 8,427
the proposed rule, amendment, rescission, or part thereof. If an 8,428
emergency rule is filed as a nonemergency rule before the end of 8,429
the ninetieth day of the emergency rule's effectiveness, and the 8,430
joint committee issues a finding and orders the rule-making 8,431
agency to refile under division (I)(4) of this section, the 8,432
governor may also issue an order stating that the emergency rule 8,433
shall remain in effect for an additional sixty days after the 8,434
ninetieth day of the emergency rule's effectiveness. The 8,435
governor's orders shall be filed in accordance with division (F) 8,436
of this section. The joint committee shall send in electronic 8,438
form to the rule-making agency, the secretary of state, and the 8,440
director of the legislative service commission a certified text 8,441
of the finding and order to revise the rule summary and fiscal 8,442
analysis, which shall take immediate effect. 8,443
An order issued under division (I)(4) of this section shall 8,446
prevent the rule-making agency from instituting or continuing 8,447
proceedings to adopt any version of the proposed rule, amendment, 8,448
rescission, or part thereof until the rule-making agency revises 8,449
the rule summary and fiscal analysis and refiles it in electronic 8,451
form with the joint committee along with the proposed rule, 8,452
amendment, rescission, or part thereof. If the joint committee 8,453
finds the rule summary and fiscal analysis to be complete and 8,454
accurate, the joint committee shall issue a new order noting that 8,456
the rule-making agency has revised and refiled a complete and 8,457
accurate rule summary and fiscal analysis. The joint committee 8,458
shall send in electronic form to the rule-making agency, the 8,460
secretary of state, and the director of the legislative service 8,461
186
commission a certified text of this new order. The secretary of 8,462
state and the director of the legislative service commission 8,463
shall each link this order to the proposed rule, amendment, 8,465
rescission, or part thereof. The rule-making agency may then 8,466
proceed to adopt in accordance with division (D) of this section, 8,467
or to file in accordance with division (B)(1) of section 111.15 8,468
of the Revised Code, the proposed rule, amendment, rescission, or 8,469
part thereof that was subject to the finding and order under
division (I)(4) of this section. If the joint committee 8,471
determines that the revised rule summary and fiscal analysis is 8,472
still inaccurate or incomplete, the joint committee shall 8,473
recommend the adoption of a concurrent resolution in accordance 8,474
with division (I)(1) of this section.
Section 7. That all existing versions of section 119.03 of 8,476
the Revised Code are hereby repealed. 8,477
Section 8. Sections 6 and 7 of this act take effect April 8,479
1, 2002.
Section 9. Except as otherwise specifically provided in 8,481
this act, the codified and uncodified items of law contained in 8,482
this act are subject to the referendum. Therefore, under Ohio 8,483
Constitution, Article II, Section 1c and section 1.471 of the 8,484
Revised Code, and except as otherwise specified in this act, the 8,485
codified and uncodified items of law contained in this act take
effect on the ninety-first day after the act is filed with the 8,486
Secretary of State. If, however, a referendum petition is filed 8,487
against a codified or uncodified item of law contained in this 8,488
act, the item of law, unless rejected at the referendum, takes 8,489
effect at the earliest time permitted by law.
Section 10. Sections 1 and 2 of this act, other than 8,491
sections 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 8,492
307.987, 307.988, 329.04, 329.05, 330.01, 330.02, 330.04, 330.05, 8,493
330.07, 763.01, 763.02, 763.05, 763.07, 5101.21, 5101.211, 8,494
5101.213, 5101.22, 5101.23, 5101.24, 6301.01, 6301.02, 6301.03, 8,495
6301.04, 6301.05, 6301.06, 6301.07, and 6301.08 of the Revised 8,496
187
Code as amended or enacted by this act, shall take effect July 1, 8,497
2000. 8,498
Section 11. Notwithstanding sections 4117.08 and 4117.10 8,500
of the Revised Code, the renaming of the Department of Human 8,502
Services as the Department of Job and Family Services and the 8,503
reassignment of the functions and duties of the Bureau of
Employment Services by this act are not appropriate subjects for 8,504
collective bargaining under Chapter 4117. of the Revised Code. 8,505
Section 12. On July 1, 2000: 8,507
(A) The Bureau of Employment Services shall cease to 8,509
exist. Employees of the Bureau of Employment Services are hereby 8,511
transferred to the Department of Job and Family Services or the 8,512
Department of Commerce, as appropriate. The vehicles and
equipment assigned to the employees are transferred to the 8,513
Department of Job and Family Services or the Department of 8,514
Commerce, as appropriate. 8,515
(B) The assets, liabilities, other equipment not provided 8,517
for, and records, irrespective of form or medium, of the Bureau 8,518
of Employment Services are transferred to the Department of Job 8,519
and Family Services or the Department of Commerce, as 8,520
appropriate. The Department of Job and Family Services and the 8,521
Department of Commerce are successors to, assume the obligations 8,522
of, and otherwise constitute the continuation of, the Bureau of 8,523
Employment Services. 8,524
(C) Business commenced but not completed by the 8,526
Administrator or the Bureau of Employment Services on July 1, 8,527
2000, shall be completed by the Director or Department of Job and 8,529
Family Services or the Director or Department of Commerce, as
appropriate, in the same manner, and with the same effect, as if 8,530
completed by the Administrator or Bureau of Employment Services. 8,531
No validation, cure, right, privilege, remedy, obligation, or 8,532
liability is lost or impaired by reason of the transfer required 8,533
by this section but shall be administered by the Director or 8,534
Department of Job and Family Services or the Director or 8,535
188
Department of Commerce, as appropriate. 8,536
(D) The rules, orders, and determinations pertaining to 8,538
the Bureau of Employment Services continue in effect as rules, 8,539
orders, and determinations of the Department of Job and Family 8,540
Services or the Department of Commerce, as appropriate, until 8,541
modified or rescinded by those Departments. 8,542
(E) No judicial or administrative action or proceeding 8,544
pending on July 1, 2000, is affected by the transfer of functions 8,546
from the Administrator or Bureau of Employment Services to the 8,547
Director or Department of Job and Family Services or the Director 8,548
or Department of Commerce, and shall be prosecuted or defended in 8,549
the name of the Director or Department of Job and Family Services 8,550
or the Director or Department of Commerce, as appropriate. On 8,551
application to the court or other tribunal, the Director or 8,552
Department of Job and Family Services or the Director or 8,553
Department of Commerce, whichever is appropriate, shall be
substituted as a party in such actions and proceedings. 8,554
(F) When the Administrator or Bureau of Employment 8,556
Services is referred to in any statute, rule, contract, grant, or 8,557
other document, the reference is hereby deemed to refer to the 8,558
Director or Department of Job and Family Services or the Director 8,559
or Department of Commerce, as appropriate. 8,560
Section 13. Effective July 1, 2000: 8,562
(A) No person shall disclose any information that was 8,564
maintained by the former Administrator of the Bureau of 8,565
Employment Services or furnished to the former Administrator by 8,566
employers or employees pursuant to Chapter 4141. of the Revised 8,567
Code, unless disclosure is permitted under section 4141.21 of the 8,568
Revised Code.
(B) No person who was in the employ of the former 8,570
Administrator of the Bureau of Employment Services shall divulge 8,571
to any person information maintained by or furnished to the 8,572
former Administrator under Chapter 4141. of the Revised Code and 8,573
secured by the person while so employed, in respect to the 8,574
189
transactions, property, business, or mechanical, chemical, or 8,575
other industrial process of any person, firm, corporation, 8,576
association, or partnership to any person other than the Director 8,577
of Job and Family Services.
(C) Whoever violates this section shall be disqualified 8,579
from holding any appointment or employment by the Department of 8,580
Job and Family Services or a county family services agency as 8,581
defined in section 307.981 of the Revised Code or workforce 8,582
development agency as defined in section 6301.01 of the Revised 8,583
Code.
Section 14. Nothing in this act shall be construed as 8,585
diminishing program responsibilities or altering benefits 8,586
administration for veterans. It is the intent of the General 8,587
Assembly that, beginning July 1, 2000, the Department of Job and 8,588
Family Services administer federally funded employment and 8,589
training programs consistent with the principles outlined in 8,590
section 5903.11 of the Revised Code and applicable federal law. 8,591
Section 15. Effective July 1, 2000, the functions the 8,593
Bureau of Employment Services performs under a grant agreement 8,594
with the United States Department of Labor pursuant to sections 8,595
21(c) and 7(c)(1) of the "Occupational Safety and Health Act of 8,596
1970," 84 Stat. 1590, 29 U.S.C.A. 651, are assigned to the 8,597
Department of Commerce.
Section 16. Effective July 1, 2000, except as provided in 8,599
Section 15 of this act, the functions the Bureau of Employment 8,600
Services performs under a grant agreement with the United States 8,601
Department of Labor are assigned to the Department of Job and 8,602
Family Services. 8,603
Section 17. On and after July 1, 2000, if necessary to 8,605
ensure the integrity of the numbering of the Administrative Code, 8,606
the Director of the Legislative Service Commission shall renumber 8,607
the rules of the Bureau of Employment Services and the Department 8,608
of Human Services to reflect their transfer to the Department of 8,609
Job and Family Services and the Department of Commerce. 8,610
190
Section 18. On and after July 1, 2000, in addition to the 8,612
positions described in division (A)(26) of section 124.11 of the 8,613
Revised Code, the Director of Job and Family Services may appoint 8,614
up to five additional positions to the unclassified service that 8,615
the Director determines to be involved in policy development and 8,616
implementation. These additional positions shall expire no later 8,617
than June 30, 2002. 8,618
Section 19. During the period beginning July 1, 2000, and 8,620
ending June 30, 2002, the Director of Job and Family Services has 8,621
the authority to establish, change, and abolish positions for the 8,622
Department of Job and Family Services, and to assign, reassign, 8,623
classify, reclassify, transfer, reduce, promote, or demote all 8,624
employees of the Department of Job and Family Services who are 8,625
not subject to Chapter 4117. of the Revised Code. 8,626
This authority includes assigning or reassigning an exempt 8,628
employee, as defined in section 124.152 of the Revised Code, to a 8,629
bargaining unit classification if the Director determines that 8,630
the bargaining unit classification is the proper classification 8,631
for that employee. The Director's actions shall be consistent 8,632
with the requirements of 5 C.F.R. 900.603 for those employees 8,633
subject to such requirements. If an employee in the E-1 pay 8,634
range is to be assigned, reassigned, classified, reclassified, 8,635
transferred, reduced, or demoted to a position in a lower 8,636
classification during the period specified in this section, the 8,637
Director, or in the case of a transfer outside the Department, 8,638
the Director of Administrative Services, shall assign the 8,639
employee to the appropriate classification and place the employee 8,640
in Step X. The employee shall not receive any increase in 8,641
compensation until the maximum rate of pay for that 8,642
classification exceeds the employee's compensation. 8,643
Actions taken by the Director of Job and Family Services or 8,645
the Director of Administrative Services pursuant to this section 8,646
are not subject to appeal to the State Personnel Board of Review. 8,647
Section 20. Until July 1, 2000, whenever the following 8,649
191
sections of the Revised Code, as amended or enacted by this act, 8,650
refer to the Director or Department of Job and Family Services, 8,651
the county department of job and family services, or the family 8,652
services planning committee, the reference is deemed to refer to 8,653
the Administrator or Bureau of Employment Services, Director or 8,654
Department of Human Services, the county department of human 8,655
services, or the human services planning committee, respectively: 8,656
307.981, 307.985, 307.986, 329.04, 329.05, 330.04, 5101.21, 8,657
5101.211, 5101.213, 5101.22, 5101.23, 5101.24, 6301.02, 6301.03, 8,658
6301.04, 6301.05, 6301.06, and 6301.08. A reference in those 8,659
sections to the Director or Department of Job and Family Services 8,660
that concerns a family services duty, as defined in section 8,661
307.981 of the Revised Code, is deemed to refer to the Director 8,662
or Department of Human Services. A reference in those sections 8,663
to the Director or Department of Job and Family Services that 8,664
concerns a workforce development activity, as defined in section 8,665
6301.01 of the Revised Code, is deemed to refer to the 8,666
Administrator or Bureau of Employment Services.
Section 21. The Director of Human Services and the 8,668
Administrator of the Bureau of Employment Services may jointly or 8,669
separately enter into one or more contracts with private or 8,670
government entities for staff training and development to 8,671
facilitate the transfer of the staff and duties of the Bureau of 8,672
Employment Services to the Department of Job and Family Services. 8,673
Division (B) of section 127.16 of the Revised Code does not apply 8,674
to contracts entered into under this section. 8,675
Section 22. The Director of Human Services and the 8,677
Administrator of the Bureau of Employment Services, the boards of 8,678
county commissioners, and the chief elected official of municipal 8,679
corporations may enter into negotiations to amend an existing 8,680
partnership agreement or to enter into a new partnership 8,681
agreement consistent with this act. Any such amended or new 8,682
partnership agreement shall be drafted in the name of the 8,683
Department of Job and Family Services. The amended or new 8,684
192
partnership agreement may be executed before July 1, 2000, if the 8,685
amendment or agreement does not become effective sooner than July 8,686
1, 2000.
Section 23. The Bureau of Employment Services shall enter 8,688
into an interagency agreement with the Department of Commerce to 8,689
implement the transfer of the duties and responsibilities under 8,690
Chapters 4109., 4111. (except for sections 4111.25 to 4111.30 of 8,691
the Revised Code), 4115., and 4167. of the Revised Code. The 8,692
agreement may provide for the transfer of property and records, 8,693
pass-through of federal financial participation, modification of 8,694
any agreements with the United States Department of Labor, and 8,695
any other provisions necessary for the transfer and continued 8,696
administration of program activities. 8,697
Section 24. On and after July 1, 2000, notwithstanding any 8,699
provision of law to the contrary, the Director of Budget and 8,700
Management is authorized to take the actions described in this 8,701
section with respect to budget changes made necessary by 8,702
administrative reorganization, program transfers, the creation of 8,703
new funds, and the consolidation of funds as authorized by this 8,704
act. The Director may make any transfer of cash balances between 8,705
funds. At the request of the Director of Budget and Management, 8,706
the administering agency head shall certify to the Director an 8,707
estimate of the amount of the cash balance to be transferred to 8,708
the receiving fund. The Director may transfer the estimated 8,709
amount when needed to make payments. Not more than thirty days 8,710
after certifying the estimated amount, the administering agency 8,711
head shall certify the final amount to the Director. The 8,712
Director shall transfer the difference between any amount 8,713
previously transferred and the certified final amount. The 8,714
Director may cancel encumbrances and re-establish encumbrances or 8,716
parts of encumbrances as needed in fiscal year 2001 in the 8,717
appropriate fund and appropriation line item for the same purpose 8,718
and to the same vendor. As determined by the Director, the 8,719
appropriation authority necessary to re-establish such 8,720
193
encumbrances in fiscal year 2001 in a different fund or
appropriation line item within an agency or between agencies is 8,721
hereby authorized. The Director shall reduce each year's 8,722
appropriation balances by the amount of the encumbrances canceled 8,723
in their respective funds and appropriation line items. Any 8,724
fiscal year 2000 unencumbered or unallocated appropriation 8,725
balances may be transferred to the appropriate line item to be 8,726
used for the same purposes, as determined by the Director. 8,727
Section 25. Notwithstanding division (D) of section 127.14 8,729
of the Revised Code, except for the General Revenue Fund, the 8,730
Controlling Board may, upon the request of either the Director of 8,731
Budget and Management, or a state agency with the approval of the 8,732
Director of Budget and Management, increase appropriations for 8,733
any fund, as necessary for the various state agencies, to assist 8,734
in paying (1) the costs of increases in employee compensation 8,735
that occur on or after July 1, 2000, pursuant to collective 8,736
bargaining agreements under Chapter 4117. of the Revised Code, 8,737
and (2) the costs of salary increases on or after July 1, 2000, 8,738
for employees who are exempt from collective bargaining that are 8,739
provided under law. Such amounts are hereby appropriated. 8,740
This section is not subject to the referendum and 8,743
therefore, under Ohio Constitution, Article II, Section 1d and 8,744
section 1.471 of the Revised Code, goes into immediate effect
when this act becomes law. 8,745
Section 26. That Section 30 of Am. Sub. H.B. 283 of the 8,747
123rd General Assembly be amended to read as follows: 8,748
"Sec. 30. CEB CONTROLLING BOARD 8,750
General Revenue Fund 8,752
GRF 911-401 Emergency 8,755
Purposes/Contingencies$ 6,372,000 $ 6,000,000 8,757
GRF 911-402 Employee Compensation 8,759
Adjustment $ 0 $ 38,000,000 8,761
GRF 911-403 School District 8,763
Financial Planning $ 500,000 $ 500,000 8,765
194
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 8,769
GRF 911-410 Ohio Veterans' Home $ 250,000 $ 300,000 8,773
GRF 911-419 Foster Caregiver 8,775
Training $ 0 $ 3,000,000 8,777
GRF 911-441 Ballot Advertising 8,779
Costs $ 800,000 $ 800,000 8,781
GRF 911-442 Year 2000 Assistance $ 4,400,000 $ 1,500,000 8,785
TOTAL GRF General Revenue Fund $ 14,322,000 $ 52,100,000 8,788
State Special Revenue Fund Group 8,790
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 8,795
TOTAL SSR State Special 8,796
Revenue Fund Group $ 20,600,000 $ 4,400,000 8,799
TOTAL ALL BUDGET FUND GROUPS $ 34,922,000 $ 56,500,000 8,802
Federal Share 8,805
In transferring appropriations to or from appropriation 8,807
items that have federal shares identified in this act AM. SUB. 8,809
H.B. 283 OF THE 123rd GENERAL ASSEMBLY, the Controlling Board 8,812
shall add or subtract corresponding amounts of federal matching 8,813
funds at the percentages indicated by the state and federal 8,814
division of the appropriations in this act AM. SUB. H.B. 283 OF 8,815
THE 123rd GENERAL ASSEMBLY. Such changes are hereby 8,818
appropriated.
Appropriation Transfers 8,820
In fiscal year 2000, the Controlling Board may transfer to 8,822
the Bureau of Employment Services or to the Department of Human 8,823
Services OR THE DEPARTMENT OF COMMERCE all or part of an 8,825
appropriation that is made to the Department of Job and Family 8,826
Services for fiscal year 2001. In fiscal year 2001, the 8,827
Controlling Board may transfer to the Department of Job and 8,828
Family Services OR THE DEPARTMENT OF COMMERCE all or part of any 8,829
balance in an appropriation that is made to the Bureau of 8,830
Employment Services or to the Department of Human Services for 8,831
fiscal year 2000. 8,832
Disaster Assistance 8,834
195
Pursuant to requests submitted by the Department of Public 8,836
Safety, the Controlling Board may approve transfers from the 8,837
foregoing appropriation item 911-401, Emergency 8,838
Purposes/Contingencies, to a Department of Public Safety General 8,839
Revenue Fund appropriation item to provide funding for assistance 8,840
to political subdivisions made necessary by natural disasters or 8,841
emergencies. Such transfers may be requested and approved prior 8,842
to the occurrence of any specific natural disasters or 8,843
emergencies in order to facilitate the provision of timely 8,844
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 8,845
that meet Controlling Board criteria for assistance. The 8,846
department shall submit a report to the Controlling Board 8,847
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 8,849
The Office of Criminal Justice Services and the Public 8,851
Defender Commission may each request, upon approval of the 8,852
Director of Budget and Management, additional funds from the 8,853
foregoing appropriation item 911-401, Emergency 8,854
Purposes/Contingencies, for costs related to the disturbance that 8,855
occurred on April 11, 1993, at the Southern Ohio Correctional 8,856
Facility in Lucasville, Ohio. 8,857
Project OASIS 8,859
The Office of the Attorney General may request, upon 8,861
approval of the Director of Budget and Management, that the 8,862
Controlling Board release up to $372,000 in fiscal year 2000 from 8,863
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 8,864
OASIS in the event that federal funding for this program is 8,865
insufficient or delayed.
Disaster Services 8,867
The foregoing appropriation item 911-601, Disaster 8,869
Services, shall be used by the Controlling Board, pursuant to 8,871
requests submitted by state agencies, to transfer cash and 8,872
196
appropriation authority to any fund and appropriation line item 8,873
of the state for the payment of state agency program expenses as 8,875
follows:
(A) The southern Ohio flooding, referred to as 8,878
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 8,882
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 8,884
Natural Resources to be used for statewide flood mitigation 8,885
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 8,887
local governments for costs associated with tornado disaster 8,888
relief in Hamilton and Warren Counties; 8,889
(E) If the Director of Budget and Management determines 8,893
that sufficient funds exist beyond the expected program costs of 8,894
these disasters, other disasters declared by the Governor. 8,896
Of the amount appropriated in fiscal year 2000 for the 8,898
foregoing appropriation item 911-601, Disaster Services, 8,899
$5,000,000 is the unencumbered and unallotted cash balance that 8,900
exists in Fund 5E2 on June 30, 1999. 8,901
Employee Compensation 8,903
Notwithstanding division (D) of section 127.14 and division 8,905
(B) of section 131.35 of the Revised Code, except for the General 8,906
Revenue Fund, the Controlling Board may, upon the request of 8,907
either the Director of Budget and Management, or a state agency 8,908
with the approval of the Director of Budget and Management, 8,909
increase appropriations for any fund, as necessary for the 8,910
various state agencies, to assist in paying the costs of 8,911
increases in employee compensation that occur on or after July 1, 8,912
2000, that are provided pursuant to collective bargaining 8,913
agreements under Chapter 4117. of the Revised Code and the costs 8,914
of increased compensation provided for employees that are exempt 8,915
from collective bargaining. 8,916
The Controlling Board may transfer appropriations from the 8,918
197
foregoing appropriation item 911-402, Employee Compensation 8,919
Adjustment, to the various agencies based on requests submitted 8,920
by the Director of Budget and Management to assist in paying for 8,921
the General Revenue Fund's share of employee compensation 8,922
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 8,923
compensation that are provided to employees that are exempt from 8,924
collective bargaining.
School District Financial Planning 8,926
The foregoing appropriation item 911-403, School District 8,928
Financial Planning, shall be used to pay costs of implementing 8,929
the school district watch and fiscal emergency provisions of 8,930
sections 3316.01 to 3316.08 of the Revised Code, including the 8,931
expenses of the school district financial planning and 8,932
supervision commission. Upon the request of any agency involved 8,933
in implementing the school district watch or fiscal emergency 8,934
provisions, the Controlling Board may transfer all or part of the 8,936
appropriation to the agency.
Mandate Assistance 8,938
(A) The foregoing appropriation item 911-404, Mandate 8,940
Assistance, shall be used to provide financial assistance to 8,941
local units of government, school districts, and fire departments 8,943
for the cost of the following three unfunded state mandates: 8,944
(1) The cost to county prosecutors for prosecuting certain 8,946
felonies that occur on the grounds of state institutions operated 8,948
by the Department of Rehabilitation and Correction and the 8,949
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 8,951
of providing firefighter training and equipment or gear; 8,952
(3) The cost to school districts of in-service training 8,954
for child abuse detection. 8,955
(B) The State and Local Government Commission may prepare 8,957
and submit to the Controlling Board one or more requests to 8,958
transfer appropriations from appropriation item 911-404, Mandate 8,959
198
Assistance, to the state agencies charged with administering the 8,960
state financial assistance to be provided under this section. 8,961
The state agencies charged with this administrative 8,963
responsibility are listed below, as well as the estimated annual 8,964
amounts that the commission may propose be used for each program 8,966
of state financial assistance.
Administering Estimated Annual 8,971
Program Agency Amount 8,974
Prosecution Costs Office of Criminal 8,977
Justice Services $200,000 8,979
Firefighter Training Department of 8,981
Costs Commerce $1,000,000 8,982
Child Abuse Detection Department of 8,984
Training Costs Education $800,000 8,985
(C) Subject to the total amount appropriated in each 8,988
fiscal year for appropriation item 911-404, Mandate Assistance, 8,989
the commission may propose to the Controlling Board that amounts 8,991
smaller or larger than these estimated annual amounts be 8,992
transferred to each program. 8,993
(D) In addition to making the initial transfers requested 8,995
by the commission, the Controlling Board may, if requested by the 8,997
commission, transfer appropriations received by a state agency 8,999
under this section back to appropriation item 911-404, Mandate 9,000
Assistance, or to one or more of the other programs of state 9,001
financial assistance identified under this section. 9,002
(E) It is expected that not all costs incurred by local 9,004
units of government, school districts, and fire departments under 9,005
each of the three programs of state financial assistance 9,006
identified under this section will be fully reimbursed by the 9,007
state. Reimbursement levels may vary by program and shall be 9,008
based on: the relationship between the appropriation transfers 9,009
requested by the commission and provided by the Controlling Board 9,010
for each of the programs; the rules and procedures established 9,012
for each program by the commission and the administering state 9,013
199
agency; and the actual costs incurred by local units of 9,015
government, school districts, and fire departments. 9,016
(F) Each of these programs of state financial assistance 9,018
shall be carried out as follows: 9,019
(1) Prosecution Costs 9,021
(a) Appropriations may be transferred to the Office of 9,023
Criminal Justice Services to cover local prosecution costs for 9,024
aggravated murder, murder, felonies of the first degree, and 9,025
felonies of the second degree that occur on the grounds of 9,026
institutions operated by the Department of Rehabilitation and 9,027
Correction and the Department of Youth Services. 9,028
(b) Upon a delinquency filing in juvenile court or the 9,030
return of an indictment for aggravated murder, murder, or any 9,031
felony of the first or second degree that was committed at a 9,032
Department of Youth Services or a Department of Rehabilitation 9,033
and Correction institution, the affected county may, in 9,034
accordance with rules that the Office of Criminal Justice 9,035
Services shall adopt, apply to the Office of Criminal Justice 9,036
Services for a grant to cover all documented costs that are 9,037
incurred by the county prosecutor's office. 9,038
(c) Twice each year, the Office of Criminal Justice 9,040
Services shall designate counties to receive grants from those 9,042
counties that have submitted one or more applications in 9,043
compliance with the rules that have been adopted by the Office of 9,044
Criminal Justice Services for the receipt of such grants. In 9,045
each year's first round of grant awards, if sufficient 9,046
appropriations have been made, up to a total of $100,000 may be 9,048
awarded. In each year's second round of grant awards, the 9,049
remaining appropriations available for this purpose may be 9,050
awarded.
(d) If for a given round of grants there are insufficient 9,052
appropriations to make grant awards to all the eligible counties, 9,054
the first priority shall be given to counties with cases 9,055
involving aggravated murder and murder, second priority shall be 9,056
200
given to cases involving a felony of the first degree, and third 9,057
priority shall be given to cases involving a felony of the second 9,058
degree. Within these priorities, the grant awards shall be based 9,059
on the order in which the applications were received, except that 9,060
applications for cases involving a felony of the first or second 9,061
degree shall not be considered in more than two consecutive 9,062
rounds of grant awards.
(2) Firefighter Training Costs 9,064
Appropriations may be transferred to the Department of 9,066
Commerce for use as full or partial reimbursement to local units 9,067
of government and fire departments for the cost of firefighter 9,068
training and equipment or gear. In accordance with rules that 9,069
the department shall adopt, a local unit of government or fire 9,070
department may apply to the department for a grant to cover all 9,071
documented costs that are incurred to provide firefighter 9,072
training and equipment or gear. The department shall make grants 9,073
within the limits of the funding provided, with priority given to 9,075
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 9,077
Appropriations may be transferred to the Department of 9,079
Education for disbursement to local school districts as full or 9,080
partial reimbursement for the cost of providing in-service 9,081
training for child abuse detection. In accordance with rules 9,082
that the department shall adopt, a local school district may 9,083
apply to the department for a grant to cover all documented costs 9,084
that are incurred to provide in-service training for child abuse 9,085
detection. The department shall make grants within the limits of 9,086
the funding provided. 9,087
Ohio Veterans' Home 9,089
With the approval of the Director of Budget and Management, 9,091
the Ohio Veterans' Home may request that the Controlling Board 9,092
transfer all or part of the foregoing appropriation item 911-410, 9,093
Ohio Veterans' Home, to assist the Ohio Veterans' Home in 9,094
defraying the operating expenses incurred as a result of its role 9,095
201
in the planning and construction of a second veterans' home. 9,096
Foster Caregiver Training 9,098
Upon the passage of appropriate legislation by the 123rd 9,099
General Assembly, the Department of Job and Family Services shall 9,100
request that the Controlling Board transfer up to $3,000,000 in 9,101
fiscal year 2001 from the foregoing appropriation item 911-419, 9,102
Foster Caregiver Training, for the purpose of establishing a 9,103
program of precertification and continuing training for foster
caregivers. 9,104
Ballot Advertising Costs 9,106
Pursuant to requests submitted by the Ohio Ballot Board, 9,108
the Controlling Board shall approve transfers from the foregoing 9,109
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 9,110
Ballot Board line item in order to reimburse county boards of 9,111
elections for the cost of public notices associated with
statewide ballot initiatives. 9,112
Of the foregoing appropriation item 911-441, Ballot 9,114
Advertising Costs, the Director of Budget and Management shall 9,115
transfer any amounts that are not needed for the purpose of 9,116
reimbursing county boards of elections for the cost of public 9,117
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 9,118
Year 2000 Assistance 9,120
The Department of Administrative Services shall make a 9,122
concerted effort to recover from state agencies its cost of 9,123
providing Year 2000 compliance assistance to state agencies on or 9,124
after July 1, 1999. In instances where such cost recovery 9,125
attempts are impractical or unreasonable, the Department of 9,126
Administrative Services may request approval of the Controlling 9,127
Board to transfer appropriations from the foregoing appropriation 9,128
item 911-442, Year 2000 Assistance, to the department in order to 9,129
assist in paying for the costs that it incurs in providing Year 9,130
2000 assistance to state agencies. 9,131
The Director of Budget and Management shall certify to the 9,133
202
members of the Controlling Board, of the amount appropriated to 9,134
appropriation item 042-900, OBM Y2K Contingency, how much is 9,135
subsequently for deposit to the credit of the General Revenue 9,136
Fund. The Director of Budget and Management shall then increase 9,137
the appropriation authority in the foregoing appropriation item 9,138
911-442, Year 2000 Assistance, by the amount so certified." 9,139
Section 27. That existing Section 30 of Am. Sub. H.B. 283 9,141
of the 123rd General Assembly is hereby repealed. 9,142
Section 28. Section 307.86 of the Revised Code is 9,144
presented in this act as a composite of the section as amended by 9,145
both Am. Sub. H.B. 283 and Sub. S.B. 31 of the 123rd General 9,146
Assembly and by Am. Sub. S.B. 67 of the 122nd General Assembly, 9,147
with the new language of none of the acts shown in capital 9,148
letters. Section 3313.64 of the Revised Code is presented in 9,149
this act as a composite of the section as amended by Am. Sub. 9,151
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 9,153
in capital letters. Section 4141.28 of the Revised Code is 9,154
presented in this act as a composite of the section as amended by 9,155
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 9,156
Assembly, with the new language of neither of the acts shown in 9,157
capital letters. Section 5101.02 of the Revised Code is presented 9,158
in this act as a composite of the section as amended by both Am. 9,160
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 9,162
letters. This is in recognition of the principle stated in 9,163
division (B) of section 1.52 of the Revised Code that such 9,164
amendments are to be harmonized where not substantively 9,165
irreconcilable and constitutes a legislative finding that such is 9,166
the resulting version in effect prior to the effective date of 9,167
this act.
Section 29. If any item of law that constitutes the whole 9,169
or part of a codified or uncodified section of law contained in 9,170
this act, or if any application of any item of law that 9,171
203
constitutes the whole or part of a codified or uncodified section 9,172
of law contained in this act, is held invalid, the invalidity 9,173
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 9,174
application. To this end, the items of law of which the codified 9,175
and uncodified sections contained in this act are composed, and 9,176
their applications, are independent and severable. 9,177