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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
      Sections 119.01 to 119.13 of the Revised Code do not apply   107          

to actions of the industrial commission or the bureau of workers'  108          

compensation under sections 4123.01 to 4123.94 of the Revised      109          

Code with respect to all matters of adjudication, and to the       110          

actions of the industrial commission and bureau of workers'        111          

compensation under division (D) of section 4121.32 and sections    112          

4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,               

4123.442, and divisions (B), (C), and (E) of section 4131.14 of    114          

the Revised Code.                                                               

      Sections 119.01 to 119.13 of the Revised Code do not apply   117          

to actions of the bureau of employment services, except those      118          

relating (2)  "AGENCY" ALSO MEANS ANY OFFICIAL OR WORK UNIT        119          

HAVING AUTHORITY TO PROMULGATE RULES OR MAKE ADJUDICATIONS IN THE  120          

DEPARTMENT OF JOB AND FAMILY SERVICES, BUT ONLY WITH RESPECT to    121          

all BOTH of the following:                                         122          

      (1)(a)  The adoption, amendment, or rescission of rules      125          

THAT SECTION 5101.09 OF THE REVISED CODE REQUIRES BE ADOPTED IN                 

ACCORDANCE WITH THIS CHAPTER;                                      126          

      (2)(b)  The issuance, suspension, revocation, or             128          

cancellation of licenses;                                          129          

      (3)  Any hearing held pursuant to sections 4115.03 to        131          

4115.16 of the Revised Code or Chapter 4109. or 4111. of the       133          

Revised Code.                                                                   

      (B)  "License" means any license, permit, certificate,       135          

commission, or charter issued by any agency.  "License" does not   136          

include any arrangement whereby a person, institution, or entity   137          

furnishes medicaid services under a provider agreement with the    138          

department of human JOB AND FAMILY services pursuant to Title XIX  140          

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,  141          

as amended.                                                                     

      (C)  "Rule" means any rule, regulation, or standard, having  143          

a general and uniform operation, adopted, promulgated, and         144          

enforced by any agency under the authority of the laws governing   145          

such agency, and includes any appendix to a rule.  "Rule" does     146          

                                                          5      


                                                                 
not include any internal management rule of an agency unless the   147          

internal management rule affects private rights and does not       148          

include any guideline adopted pursuant to section 3301.0714 of     149          

the Revised Code.                                                  150          

      (D)  "Adjudication" means the determination by the highest   152          

or ultimate authority of an agency of the rights, duties,          153          

privileges, benefits, or legal relationships of a specified        154          

person, but does not include the issuance of a license in          155          

response to an application with respect to which no question is    156          

raised, nor other acts of a ministerial nature.                    157          

      (E)  "Hearing" means a public hearing by any agency in       159          

compliance with procedural safeguards afforded by sections 119.01  160          

to 119.13 of the Revised Code.                                     161          

      (F)  "Person" means a person, firm, corporation,             163          

association, or partnership.                                       164          

      (G)  "Party" means the person whose interests are the        166          

subject of an adjudication by an agency.                           167          

      (H)  "Appeal" means the procedure by which a person,         169          

aggrieved by a finding, decision, order, or adjudication of any    170          

agency, invokes the jurisdiction of a court.                       171          

      (I)  "Rule-making agency" means any board, commission,       173          

department, division, or bureau of the government of the state     174          

that is required to file proposed rules, amendments, or            175          

rescissions under division (D) of section 111.15 of the Revised    176          

Code and any agency that is required to file proposed rules,       177          

amendments, or rescissions under divisions (B) and (H) of section  178          

119.03 of the Revised Code.  "Rule-making agency" includes the     179          

public utilities commission.  "Rule-making agency" does not        181          

include any state-supported college or university.                 182          

      (J)  "Substantive revision" means any addition to,           184          

elimination from, or other change in a rule, an amendment of a     185          

rule, or a rescission of a rule, whether of a substantive or       186          

procedural nature, that changes any of the following:              187          

      (1)  That which the rule, amendment, or rescission permits,  189          

                                                          6      


                                                                 
authorizes, regulates, requires, prohibits, penalizes, rewards,    190          

or otherwise affects;                                              191          

      (2)  The scope or application of the rule, amendment, or     193          

rescission.                                                        194          

      (K)  "Internal management rule" means any rule, regulation,  196          

or standard governing the day-to-day staff procedures and          197          

operations within an agency.                                       198          

      Sec. 119.03.  In the adoption, amendment, or rescission of   207          

any rule, an agency shall comply with the following procedure:     208          

      (A)  Reasonable public notice shall be given in the          210          

register of Ohio at least thirty days prior to the date set for a  212          

hearing, in the form the agency determines.  The agency shall      213          

file copies of the public notice under division (B) of this        214          

section.  (The agency gives public notice in the register of Ohio  215          

when the public notice is published in the register under that     216          

division.)                                                                      

      The public notice shall include:                             218          

      (1)  A statement of the agency's intention to consider       220          

adopting, amending, or rescinding a rule;                          221          

      (2)  A synopsis of the proposed rule, amendment, or rule to  223          

be rescinded or a general statement of the subject matter to       224          

which the proposed rule, amendment, or rescission relates;         225          

      (3)  A statement of the reason or purpose for adopting,      227          

amending, or rescinding the rule;                                  228          

      (4)  The date, time, and place of a hearing on the proposed  230          

action, which shall be not earlier than the thirty-first nor       232          

later than the fortieth day after the proposed rule, amendment,    234          

or rescission is filed under division (B) of this section.         235          

      In addition to public notice given in the register of Ohio,  238          

the agency may give whatever other notice it reasonably considers  240          

necessary to ensure notice constructively is given to all persons  241          

who are subject to or affected by the proposed rule, amendment,    242          

or rescission.                                                                  

      The agency shall provide a copy of the public notice         245          

                                                          7      


                                                                 
required under division (A) of this section to any person who      246          

requests it and pays a reasonable fee, not to exceed the cost of   247          

copying and mailing.                                               248          

      (B)  One copy of the full text of the proposed rule,         250          

amendment, or rule to be rescinded, accompanied by one copy of     251          

the public notice required under division (A) of this section,     252          

shall be filed with the secretary of state.  Two copies of the     253          

full text of the proposed rule, amendment, or rule to be           254          

rescinded, accompanied by two copies of the public notice          255          

required under division (A) of this section, shall be filed with   256          

the director of the legislative service commission.  (If in        257          

compliance with this division an agency files more than one        258          

proposed rule, amendment, or rescission at the same time, and has  259          

prepared a public notice under division (A) of this section that   262          

applies to more than one of the proposed rules, amendments, or     263          

rescissions, the agency shall file only one copy of the notice     264          

with the secretary of state and only two copies of the notice      265          

with the director for all of the proposed rules, amendments, or    266          

rescissions to which the notice applies.)  The proposed rule,      267          

amendment, or rescission and public notice shall be filed as       268          

required by this division at least sixty-five days prior to the    270          

date on which the agency, in accordance with division (D) of this  271          

section, issues an order adopting the proposed rule, amendment,    272          

or rescission.                                                     273          

      The proposed rule, amendment, or rescission shall be         276          

available for at least thirty days prior to the date of the                     

hearing at the office of the agency in printed or other legible    277          

form without charge to any person affected by the proposal.        278          

Failure to furnish such text to any person requesting it shall     279          

not invalidate any action of the agency in connection therewith.   280          

      If the agency files a substantive revision in the text of    282          

the proposed rule, amendment, or rescission under division (H) of  283          

this section, it shall also promptly file one copy of the full     284          

text of the proposed rule, amendment, or rescission in its         285          

                                                          8      


                                                                 
revised form with the secretary of state and two copies thereof    286          

with the director of the legislative service commission.           287          

      The agency shall attach a copy of the rule summary and       290          

fiscal analysis prepared under section 121.24 or 127.18 of the     291          

Revised Code, or both, to each copy of a proposed rule,            292          

amendment, or rescission or proposed rule, amendment, or           293          

rescission in revised form that is filed with the secretary of     294          

state or the director of the legislative service commission.       295          

      The director of the legislative service commission shall     297          

publish in the register of Ohio the full text of the original and  299          

each revised version of a proposed rule, amendment, or             300          

rescission; the full text of a public notice; and the full text    302          

of a rule summary and fiscal analysis that is filed with the       303          

director under this division.                                                   

      (C)  On the date and at the time and place designated in     305          

the notice, the agency shall conduct a public hearing at which     306          

any person affected by the proposed action of the agency may       307          

appear and be heard in person, by the person's attorney, or both,  309          

may present the person's position, arguments, or contentions,      310          

orally or in writing, offer and examine witnesses, and present     312          

evidence tending to show that the proposed rule, amendment, or     313          

rescission, if adopted or effectuated, will be unreasonable or     314          

unlawful.  An agency may permit persons affected by the proposed   315          

rule, amendment, or rescission to present their positions,         316          

arguments, or contentions in writing, not only at the hearing,     317          

but also for a reasonable period before, after, or both before     318          

and after the hearing.  A person who presents a position or        319          

arguments or contentions in writing before or after the hearing    320          

is not required to appear at the hearing.                          321          

      At the hearing, the testimony shall be recorded.  Such       323          

record shall be made at the expense of the agency.  The agency is  326          

required to transcribe a record that is not sight readable only    327          

if a person requests transcription of all or part of the record    328          

and agrees to reimburse the agency for the costs of the            329          

                                                          9      


                                                                 
transcription.  An agency may require the person to pay in         330          

advance all or part of the cost of the transcription.              331          

      In any hearing under this section the agency may administer  333          

oaths or affirmations.                                             334          

      (D)  After complying with divisions (A), (B), (C), and (H)   336          

of this section, and when the time for legislative review and      337          

invalidation under division (I) of this section has expired, the   338          

agency may issue an order adopting the proposed rule or the        339          

proposed amendment or rescission of the rule, consistent with the  340          

synopsis or general statement included in the public notice.  At   341          

that time the agency shall designate the effective date of the     342          

rule, amendment, or rescission, which shall not be earlier than    343          

the tenth day after the rule, amendment, or rescission has been    344          

filed in its final form as provided in section 119.04 of the       345          

Revised Code.                                                      346          

      (E)  Prior to the effective date of a rule, amendment, or    348          

rescission, the agency shall make a reasonable effort to inform    349          

those affected by the rule, amendment, or rescission and to have   350          

available for distribution to those requesting it the full text    351          

of the rule as adopted or as amended.                              352          

      (F)  If the governor, upon the request of an agency,         354          

determines that an emergency requires the immediate adoption,      355          

amendment, or rescission of a rule, the governor shall issue a     357          

written order, a copy of which shall be filed with the secretary   358          

of state, the director of the legislative service commission, and  359          

the joint committee on agency rule review, that the procedure      360          

prescribed by this section with respect to the adoption,           361          

amendment, or rescission of a specified rule is suspended.  The    362          

agency may then adopt immediately the emergency rule, amendment,   363          

or rescission and it becomes effective on the date copies of the   364          

rule, amendment, or rescission, in final form and in compliance    365          

with division (A)(2) of section 119.04 of the Revised Code, are    366          

filed as follows:  two certified copies of the emergency rule,     367          

amendment, or rescission shall be filed with both the secretary    368          

                                                          10     


                                                                 
of state and the director of the legislative service commission,   369          

and one certified copy of the emergency rule, amendment, or        370          

rescission shall be filed with the joint committee on agency rule  371          

review.  If all copies are not filed on the same day, the          372          

emergency rule, amendment, or rescission shall be effective on     373          

the day on which the latest filing is made.  The director shall    374          

publish the full text of the emergency rule, amendment, or         375          

rescission in the register of Ohio.                                376          

      The emergency rule, amendment, or rescission shall become    379          

invalid at the end of the ninetieth day it is in effect.  Prior    380          

to that date the agency may adopt the emergency rule, amendment,   381          

or rescission as a nonemergency rule, amendment, or rescission by  382          

complying with the procedure prescribed by this section for the    383          

adoption, amendment, and rescission of nonemergency rules.  The    384          

agency shall not use the procedure of this division to readopt     385          

the emergency rule, amendment, or rescission so that, upon the     386          

emergency rule, amendment, or rescission becoming invalid under    387          

this division, the emergency rule, amendment, or rescission will   388          

continue in effect without interruption for another ninety-day     389          

period.                                                                         

      This division does not apply to the adoption of any          391          

emergency rule, amendment, or rescission by the tax commissioner   392          

under division (C)(2) of section 5117.02 of the Revised Code.      393          

      (G)  Rules adopted by an authority within the department of  395          

taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR         396          

ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau  397          

DEPARTMENT of employment services TAXATION shall be effective      399          

without a hearing as provided by this section if the statutes      400          

pertaining to such agency specifically give a right of appeal to   401          

the board of tax appeals or to a higher authority within the       402          

agency or to a court, and also give the appellant a right to a     403          

hearing on such appeal.  This division does not apply to the       404          

adoption of any rule, amendment, or rescission by the tax          405          

commissioner under division (C)(1) or (2) of section 5117.02 of    406          

                                                          11     


                                                                 
the Revised Code, or deny the right to file an action for          407          

declaratory judgment as provided in Chapter 2721. of the Revised   408          

Code from the decision of the board of tax appeals or of the       409          

higher authority within such agency.                               410          

      (H)  When any agency files a proposed rule, amendment, or    412          

rescission under division (B) of this section, it shall also file  413          

with the joint committee on agency rule review two copies of the   414          

full text of the proposed rule, amendment, or rule to be           415          

rescinded in the same form and two copies of the public notice     416          

required under division (A) of this section.  (If in compliance    417          

with this division an agency files more than one proposed rule,    418          

amendment, or rescission at the same time, and has given a public  419          

notice under division (A) of this section that applies to more     420          

than one of the proposed rules, amendments, or rescissions, the    421          

agency shall file only two copies of the notice with the joint     422          

committee for all of the proposed rules, amendments, or            423          

rescissions to which the notice applies.)  If the agency makes a   424          

substantive revision in a proposed rule, amendment, or rescission  425          

after it is filed with the joint committee, the agency shall       426          

promptly file two copies of the full text of the proposed rule,    427          

amendment, or rescission in its revised form with the joint        428          

committee.  The latest version of a proposed rule, amendment, or   429          

rescission as filed with the joint committee supersedes each       430          

earlier version of the text of the same proposed rule, amendment,  431          

or rescission.  An agency shall attach one copy of the rule        432          

summary and fiscal analysis prepared under section 121.24 or       433          

127.18 of the Revised Code, or both, to each copy of a proposed    434          

rule, amendment, or rescission, and to each copy of a proposed     435          

rule, amendment, or rescission in revised form, that is filed      436          

under this division.                                               437          

      This division does not apply to:                             439          

      (1)  An emergency rule, amendment, or rescission;            441          

      (2)  Any proposed rule, amendment, or rescission that must   443          

be adopted verbatim by an agency pursuant to federal law or rule,  444          

                                                          12     


                                                                 
to become effective within sixty days of adoption, in order to     445          

continue the operation of a federally reimbursed program in this   446          

state, so long as the proposed rule contains both of the           447          

following:                                                         448          

      (a)  A statement that it is proposed for the purpose of      450          

complying with a federal law or rule;                              451          

      (b)  A citation to the federal law or rule that requires     453          

verbatim compliance.                                               454          

      If a rule or amendment is exempt from legislative review     456          

under division (H)(2) of this section, and if the federal law or   457          

rule pursuant to which the rule or amendment was adopted expires,  458          

is repealed or rescinded, or otherwise terminates, the rule or     460          

amendment, or its rescission, is thereafter subject to             461          

legislative review under division (H) of this section.             463          

      (I)(1)  The joint committee on agency rule review may        465          

recommend the adoption of a concurrent resolution invalidating a   466          

proposed rule, amendment, rescission, or part thereof if it finds  467          

any of the following:                                              468          

      (a)  That the rule-making agency has exceeded the scope of   470          

its statutory authority in proposing the rule, amendment, or       471          

rescission;                                                        472          

      (b)  That the proposed rule, amendment, or rescission        474          

conflicts with another rule, amendment, or rescission adopted by   475          

the same or a different rule-making agency;                        476          

      (c)  That the proposed rule, amendment, or rescission        478          

conflicts with the legislative intent in enacting the statute      479          

under which the rule-making agency proposed the rule, amendment,   480          

or rescission;                                                     481          

      (d)  That the rule-making agency has failed to prepare a     483          

complete and accurate rule summary and fiscal analysis of the      484          

proposed rule, amendment, or rescission as required by section     485          

121.24 or 127.18 of the Revised Code, or both.                     486          

      The joint committee shall not hold its public hearing on a   488          

proposed rule, amendment, or rescission earlier than the           489          

                                                          13     


                                                                 
forty-first day after the original version of the proposed rule,   490          

amendment, or rescission was filed with the joint committee.       491          

      The house of representatives and senate may adopt a          493          

concurrent resolution invalidating a proposed rule, amendment,     494          

rescission, or part thereof.  The concurrent resolution shall      495          

state which of the specific rules, amendments, rescissions, or     496          

parts thereof are invalidated.  A concurrent resolution            497          

invalidating a proposed rule, amendment, or rescission shall be    498          

adopted not later than the sixty-fifth day after the original      501          

version of the text of the proposed rule, amendment, or            502          

rescission is filed with the joint committee, except that if more  503          

than thirty-five days after the original version is filed the      505          

rule-making agency either files a revised version of the text of   506          

the proposed rule, amendment, or rescission, or revises the rule   507          

summary and fiscal analysis in accordance with division (I)(4) of  508          

this section, a concurrent resolution invalidating the proposed    509          

rule, amendment, or rescission shall be adopted not later than     510          

the thirtieth day after the revised version of the proposed rule   512          

or rule summary and fiscal analysis is filed.  If, after the       513          

joint committee on agency rule review recommends the adoption of   514          

a concurrent resolution invalidating a proposed rule, amendment,   515          

rescission, or part thereof, the house of representatives or       516          

senate does not, within the time remaining for adoption of the     517          

concurrent resolution, hold five floor sessions at which its       518          

journal records a roll call vote disclosing a sufficient number    519          

of members in attendance to pass a bill, the time within which     520          

that house may adopt the concurrent resolution is extended until   521          

it has held five such floor sessions.                              522          

      Within five days after the adoption of a concurrent          524          

resolution invalidating a proposed rule, amendment, rescission,    525          

or part thereof, the clerk of the senate shall send the            526          

rule-making agency, the secretary of state, and the director of    527          

the legislative service commission a certified copy of the         528          

resolution together with a certification stating the date on       529          

                                                          14     


                                                                 
which the resolution takes effect.  The secretary of state and     530          

the director of the legislative service commission shall each      531          

note the invalidity of the proposed rule, amendment, rescission,   532          

or part thereof on their copies, and shall each remove the         534          

invalid proposed rule, amendment, rescission, or part thereof      535          

from the file of proposed rules.  The rule-making agency shall     536          

not proceed to adopt in accordance with division (D) of this       537          

section, or to file in accordance with division (B)(1) of section  538          

111.15 of the Revised Code, any version of a proposed rule,        539          

amendment, rescission, or part thereof that has been invalidated   540          

by concurrent resolution.                                          541          

      Unless the house of representatives and senate adopt a       543          

concurrent resolution invalidating a proposed rule, amendment,     544          

rescission, or part thereof within the time specified by this      545          

division, the rule-making agency may proceed to adopt in           546          

accordance with division (D) of this section, or to file in        547          

accordance with division (B)(1) of section 111.15 of the Revised   548          

Code, the latest version of the proposed rule, amendment, or       549          

rescission as filed with the joint committee.  If by concurrent    550          

resolution certain of the rules, amendments, rescissions, or       551          

parts thereof are specifically invalidated, the rule-making        552          

agency may proceed to adopt, in accordance with division (D) of    553          

this section, or to file in accordance with division (B)(1) of     554          

section 111.15 of the Revised Code, the latest version of the      555          

proposed rules, amendments, rescissions, or parts thereof as       556          

filed with the joint committee that are not specifically           557          

invalidated.  The rule-making agency may not revise or amend any   558          

proposed rule, amendment, rescission, or part thereof that has     559          

not been invalidated except as provided in this chapter or in      560          

section 111.15 of the Revised Code.                                561          

      (2)(a)  A proposed rule, amendment, or rescission that is    563          

filed with the joint committee under division (H) of this section  564          

or division (D) of section 111.15 of the Revised Code shall be     565          

carried over for legislative review to the next succeeding         566          

                                                          15     


                                                                 
regular session of the general assembly if the original or any     567          

revised version of the proposed rule, amendment, or rescission is  568          

filed with the joint committee on or after the first day of        569          

December of any year.                                              570          

      (b)  The latest version of any proposed rule, amendment, or  572          

rescission that is subject to division (I)(2)(a) of this section,  573          

as filed with the joint committee, is subject to legislative       574          

review and invalidation in the next succeeding regular session of  575          

the general assembly in the same manner as if it were the          576          

original version of a proposed rule, amendment, or rescission      577          

that had been filed with the joint committee for the first time    578          

on the first day of the session.  A rule-making agency shall not   579          

adopt in accordance with division (D) of this section, or file in  580          

accordance with division (B)(1) of section 111.15 of the Revised   581          

Code, any version of a proposed rule, amendment, or rescission     582          

that is subject to division (I)(2)(a) of this section until the    583          

time for legislative review and invalidation, as contemplated by   584          

division (I)(2)(b) of this section, has expired.                   585          

      (3)  Invalidation of any version of a proposed rule,         587          

amendment, rescission, or part thereof by concurrent resolution    588          

shall prevent the rule-making agency from instituting or           589          

continuing proceedings to adopt any version of the same proposed   590          

rule, amendment, rescission, or part thereof for the duration of   591          

the general assembly that invalidated the proposed rule,           592          

amendment, rescission, or part thereof unless the same general     593          

assembly adopts a concurrent resolution permitting the             594          

rule-making agency to institute or continue such proceedings.      595          

      The failure of the general assembly to invalidate a          597          

proposed rule, amendment, rescission, or part thereof under this   598          

section shall not be construed as a ratification of the            599          

lawfulness or reasonableness of the proposed rule, amendment,      600          

rescission, or any part thereof or of the validity of the          601          

procedure by which the proposed rule, amendment, rescission, or    602          

any part thereof was proposed or adopted.                          603          

                                                          16     


                                                                 
      (4)  In lieu of recommending a concurrent resolution to      605          

invalidate a proposed rule, amendment, rescission, or part         606          

thereof because the rule-making agency has failed to prepare a     607          

complete and accurate fiscal analysis, the joint committee on      608          

agency rule review may issue, on a one-time basis, for rules,      609          

amendments, rescissions, or parts thereof that have a fiscal       610          

effect on school districts, counties, townships, or municipal      611          

corporations, a written finding that the rule summary and fiscal   612          

analysis is incomplete or inaccurate and order the rule-making     613          

agency to revise the rule summary and fiscal analysis and refile   614          

it with the proposed rule, amendment, rescission, or part          615          

thereof.  If an emergency rule is filed as a nonemergency rule     616          

before the end of the ninetieth day of the emergency rule's        617          

effectiveness, and the joint committee issues a finding and        618          

orders the rule-making agency to refile under division (I)(4) of   619          

this section, the governor may also issue a written order stating  620          

that the emergency rule shall remain in effect for an additional   621          

sixty days after the ninetieth day of the emergency rule's         622          

effectiveness.  Copies of the governor's written orders shall be   623          

filed in accordance with division (F) of this section.  The joint  624          

committee shall send the rule-making agency, the secretary of      625          

state, and the director of the legislative service commission a    626          

certified copy of the order to revise the rule summary and fiscal  627          

analysis, which shall take immediate effect.                       628          

      A written order issued under division (I)(4) of this         630          

section shall prevent the rule-making agency from instituting or   631          

continuing proceedings to adopt any version of the proposed rule,  632          

amendment, rescission, or part thereof until the rule-making       633          

agency revises the rule summary and fiscal analysis and refiles    634          

it with the joint committee along with the proposed rule,          635          

amendment, rescission, or part thereof.  If the joint committee    636          

finds the rule summary and fiscal analysis to be complete and      637          

accurate, the joint committee shall issue a new written order      638          

noting that the rule-making agency has revised and refiled a       639          

                                                          17     


                                                                 
complete and accurate rule summary and fiscal analysis.  The       640          

joint committee shall send the rule-making agency, the secretary   641          

of state, and the director of the legislative service commission   642          

a certified copy of this new order.  The secretary of state and    643          

the director of the legislative service commission shall each      644          

attach this order to their copies of the proposed rule,            645          

amendment, rescission, or part thereof.  The rule-making agency    646          

may then proceed to adopt in accordance with division (D) of this  647          

section, or to file in accordance with division (B)(1) of section  648          

111.15 of the Revised Code, the proposed rule, amendment,          649          

rescission, or part thereof that was subject to the written        650          

finding and order under division (I)(4) of this section.  If the   651          

joint committee determines that the revised rule summary and       652          

fiscal analysis is still inaccurate or incomplete, the joint       653          

committee shall recommend the adoption of a concurrent resolution  654          

in accordance with division (I)(1) of this section.                655          

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001.    657          

      Sec. 121.02.  The following administrative departments and   666          

their respective directors are hereby created:                     667          

      (A)  The office of budget and management, which shall be     669          

administered by the director of budget and management;             670          

      (B)  The department of commerce, which shall be              672          

administered by the director of commerce;                          673          

      (C)  The department of administrative services, which shall  675          

be administered by the director of administrative services;        676          

      (D)  The department of transportation, which shall be        678          

administered by the director of transportation;                    679          

      (E)  The department of agriculture, which shall be           681          

administered by the director of agriculture;                       682          

      (F)  The department of natural resources, which shall be     684          

administered by the director of natural resources;                 685          

      (G)  The department of health, which shall be administered   687          

by the director of health;                                         688          

      (H)  The department of human JOB AND FAMILY services, which  690          

                                                          18     


                                                                 
shall be administered by the director of human JOB AND FAMILY      692          

services;                                                                       

      (I)  Until July 1, 1997, the department of liquor control,   694          

which shall be administered by the director of liquor control;     695          

      (J)  The department of public safety, which shall be         697          

administered by the director of public safety;                     698          

      (K)  The department of mental health, which shall be         700          

administered by the director of mental health;                     701          

      (L)  The department of mental retardation and developmental  703          

disabilities, which shall be administered by the director of       704          

mental retardation and developmental disabilities;                 705          

      (M)  The department of insurance, which shall be             707          

administered by the superintendent of insurance as director        708          

thereof;                                                           709          

      (N)  The department of development, which shall be           711          

administered by the director of development;                       712          

      (O)  The department of youth services, which shall be        714          

administered by the director of youth services;                    715          

      (P)  The department of rehabilitation and correction, which  717          

shall be administered by the director of rehabilitation and        718          

correction;                                                        719          

      (Q)  The environmental protection agency, which shall be     721          

administered by the director of environmental protection;          722          

      (R)  The department of aging, which shall be administered    724          

by the director of aging;                                          725          

      (S)  The department of alcohol and drug addiction services,  727          

which shall be administered by the director of alcohol and drug    728          

addiction services.                                                729          

      The director of each department shall exercise the powers    731          

and perform the duties vested by law in such department.           732          

      Sec. 121.03.  The following administrative department heads  741          

shall be appointed by the governor, with the advice and consent    742          

of the senate, and shall hold their offices during the term of     743          

the appointing governor, and are subject to removal at the         744          

                                                          19     


                                                                 
pleasure of the governor.                                          745          

      (A)  The director of budget and management;                  747          

      (B)  The director of commerce;                               749          

      (C)  The director of transportation;                         751          

      (D)  The director of agriculture;                            753          

      (E)  The director of human JOB AND FAMILY services;          756          

      (F)  Until July 1, 1997, the director of liquor control;     758          

      (G)  The director of public safety;                          760          

      (H)  The superintendent of insurance;                        762          

      (I)  The director of development;                            764          

      (J)  The tax commissioner;                                   766          

      (K)  The director of administrative services;                768          

      (L)  The administrator of the bureau of employment           770          

services;                                                          771          

      (M)  The director of natural resources;                      773          

      (N)(M)  The director of mental health;                       775          

      (O)(N)  The director of mental retardation and               777          

developmental disabilities;                                        778          

      (P)(O)  The director of health;                              780          

      (Q)(P)  The director of youth services;                      782          

      (R)(Q)  The director of rehabilitation and correction;       784          

      (S)(R)  The director of environmental protection;            786          

      (T)(S)  The director of aging;                               788          

      (U)(T)  The director of alcohol and drug addiction           790          

services;                                                                       

      (V)(U)  The administrator of workers' compensation who       792          

meets the qualifications required under division (A) of section    793          

4121.121 of the Revised Code.                                      794          

      Sec. 121.32.  The commission on Hispanic-Latino affairs      803          

shall:                                                                          

      (A)  Gather and disseminate information and conduct          805          

hearings, conferences, investigations, and special studies on      806          

problems and programs concerning Spanish-speaking people;          807          

      (B)  Secure appropriate recognition of the accomplishments   809          

                                                          20     


                                                                 
and contributions of Spanish-speaking people to this state;        810          

      (C)  Stimulate public awareness of the problems of           812          

Spanish-speaking people by conducting a program of public          813          

education;                                                         814          

      (D)  Develop, coordinate, and assist other public and        816          

private organizations that serve Spanish-speaking people,          817          

including the conducting of training programs for community        818          

leadership and service project staff;                              819          

      (E)  Advise the governor, general assembly, and state        821          

departments and agencies of the nature, magnitude, and priorities  822          

of the problems of Spanish-speaking people;                        823          

      (F)  Advise the governor, general assembly, and state        825          

departments and agencies on, and assist in the development and     826          

implementation of, comprehensive and coordinated policies,         827          

programs, and procedures focusing on the special problems and      828          

needs of Spanish-speaking people, especially in the fields of      829          

education, employment, energy, health, housing, welfare, and       830          

recreation;                                                        831          

      (G)  Propose new programs concerning Spanish-speaking        833          

people to public and private agencies and evaluate for such        834          

agencies existing programs or prospective legislation concerning   835          

Spanish-speaking people;                                           836          

      (H)  Review and approve grants to be made from federal,      838          

state, or private funds which are administered or subcontracted    839          

by the office of Spanish-speaking affairs;                         840          

      (I)  Review and approve the annual report prepared by the    842          

office of Spanish-speaking affairs;                                843          

      (J)  Create an interagency council consisting of the         845          

following persons or their authorized representatives:  one        846          

member of the senate appointed by the president of the senate;     847          

one member of the house of representatives appointed by the        848          

speaker of the house of representatives; the directors of          849          

administrative services, agriculture, education, development,      850          

health, highway safety, human JOB AND FAMILY services, industrial  851          

                                                          21     


                                                                 
relations, liquor control, mental health, mental retardation and   853          

developmental disabilities, natural resources, rehabilitation and  854          

correction, youth services, transportation, environmental          855          

protection, and budget and management; the chairperson of the      856          

Ohio civil rights commission, and the administrators of the        858          

bureau of employment services, the bureau of workers'              859          

compensation, and the rehabilitation services commission, AND AN   861          

ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE                    

GOVERNOR.  The commission on Hispanic-Latino affairs, by rule,     864          

may designate other state officers or their representatives to be  865          

members of the council.  The director of the commission shall be   867          

the chairperson of the council.                                                 

      The interagency council shall provide and coordinate the     869          

exchange of information relative to the needs of Spanish-speaking  870          

people and promote the delivery of state services to such people.  871          

The council shall meet at the call of the chairperson.             872          

      Sec. 124.23.  (A)  All applicants for positions and places   881          

in the classified service shall be subject to examination, except  882          

for applicants for positions as professional or certified service  883          

and paraprofessional employees of county boards of mental          884          

retardation and developmental disabilities, who shall be hired in  885          

the manner provided in section 124.241 of the Revised Code.        886          

      (B)  Any examination administered under this section shall   888          

be public, and open to all citizens of the United States and       889          

those persons who have legally declared their intentions of        890          

becoming United States citizens, within certain limitations to be  891          

determined by the director of administrative services, as to       892          

citizenship, residence, age, experience, education, health,        893          

habit, and moral character; provided any soldier, sailor, marine,  894          

coast guardsman GUARDER, member of the auxiliary corps as          895          

established by congress, member of the army nurse corps or navy    897          

nurse corps, or red cross nurse who has served in the army, navy,  898          

or hospital service of the United States, and such other military  899          

service as is designated by congress, including World War I,       900          

                                                          22     


                                                                 
World War II, or during the period beginning May 1, 1949, and      901          

lasting so long as the armed forces of the United States are       902          

engaged in armed conflict or occupation duty, or the selective     903          

service or similar conscriptive acts are in effect in the United   904          

States, whichever is the later date, who has been honorably        905          

discharged therefrom or transferred to the reserve with evidence   906          

of satisfactory service, and is a resident of Ohio, may file with  907          

the director OF ADMINISTRATIVE SERVICES a certificate of service   909          

or honorable discharge, whereupon the person shall receive         911          

additional credit of twenty per cent of the person's total grade   912          

given in the regular examination in which the person receives a                 

passing grade.  Such examination may include an evaluation of      913          

such factors as education, training, capacity, knowledge, manual   914          

dexterity, and physical or psychological fitness.  Examinations    915          

shall consist of one or more tests in any combination.  Tests may  916          

be written, oral, physical, demonstration of skill, or an          917          

evaluation of training and experiences and shall be designed to    918          

fairly test the relative capacity of the persons examined to       919          

discharge the particular duties of the position for which          920          

appointment is sought.  Where minimum or maximum requirements are  921          

established for any examination they shall be specified in the     922          

examination announcement.                                          923          

      The director OF ADMINISTRATIVE SERVICES shall have control   925          

of all examinations, except as otherwise provided in sections      927          

124.01 to 124.64 of the Revised Code.  No questions in any         928          

examination shall relate to political or religious opinions or     929          

affiliations.  No credit for seniority, efficiency, or any other   930          

reason shall be added to an applicant's examination grade unless   931          

the applicant achieves at least the minimum passing grade on the   932          

examination without counting such extra credit.                    933          

      Reasonable EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 124.01   935          

TO 124.64 OF THE REVISED CODE, THE DIRECTOR OF ADMINISTRATIVE      936          

SERVICES SHALL GIVE REASONABLE notice of the time, place, and      937          

general scope of every competitive examination for appointment to  938          

                                                          23     


                                                                 
a position in the civil service, except as otherwise provided in   939          

such sections, shall be given by the director.  Written THE        940          

DIRECTOR OF ADMINISTRATIVE SERVICES SHALL SEND WRITTEN, printed,   941          

or electronic notices of every examination of the state            943          

classified service shall be sent by the director to each Ohio      944          

bureau of employment services branch office, or, if no such        945          

branch office AGENCY OF THE TYPE THE DIRECTOR OF JOB AND FAMILY    946          

SERVICES SPECIFIES AND, IN THE CASE OF A COUNTY IN WHICH NO SUCH   947          

AGENCY is located in a county, to the clerk of the court of        948          

common pleas of that county and to the clerk of each city of that  950          

county.  Such notices, promptly upon receipt, shall be posted in   951          

conspicuous public places in the branch office, or in DESIGNATED   952          

AGENCIES AND the courthouse of the county, and in the city hall    954          

of the city CITIES, OF THE COUNTIES IN WHICH NO SUCH AGENCY IS     955          

LOCATED.  Such notices shall be posted in a conspicuous place in   956          

the office of the director OF ADMINISTRATIVE SERVICES for at       957          

least two weeks before any examination.  In case of examinations   958          

limited by the director OF ADMINISTRATIVE SERVICES to a district,  959          

county, city, or department, the director OF ADMINISTRATIVE        961          

SERVICES shall provide by rule for adequate publicity of such      962          

examinations in the district, county, city, or department within   963          

which competition is permitted.                                    964          

      Sec. 124.30.  (A)  Positions in the classified service may   973          

be filled without competition as follows:                          974          

      (1)  Whenever there are urgent reasons for filling a         976          

vacancy in any position in the classified service and the          977          

director of administrative services is unable to certify to the    978          

appointing authority, upon requisition by the latter, a list of    979          

persons eligible for appointment to such position after a          980          

competitive examination, the appointing authority may nominate a   981          

person to the director for noncompetitive examination, and if      982          

such nominee is certified by the director as qualified after such  983          

noncompetitive examination, the nominee may be appointed           984          

provisionally to fill such vacancy until a selection and           986          

                                                          24     


                                                                 
appointment can be made after competitive examination; but such    987          

provisional appointment shall continue in force only until a       988          

regular appointment can be made from eligible lists prepared by    989          

the director and such eligible lists shall be prepared within six  990          

months, provided that an examination for the position must be      991          

held within the six-month period from the date of such             992          

provisional appointment.  In the case of provisional appointees    993          

in county departments of human JOB AND FAMILY services and in the  994          

department of human JOB AND FAMILY services and department of      995          

health, if the salary is paid in whole or in part from federal     997          

funds, such eligible lists shall be prepared within six months,    998          

provided that an examination for the position must be held within  999          

the six-month period from the date of such provisional             1,000        

appointment.  In case of an emergency, an appointment may be made  1,001        

without regard to the rules of sections 124.01 to 124.64 of the    1,002        

Revised Code, but in no case to continue longer than thirty days,  1,003        

and in no case shall successive appointments be made.  Interim or  1,004        

temporary appointments, made necessary by reason of sickness,      1,005        

disability, or other approved leave of absence of regular          1,006        

officers or employees shall continue only during such period of    1,007        

sickness, disability, or other approved leave of absence, subject  1,008        

to rules to be provided for by the director.                       1,009        

      (2)  In case of a vacancy in a position in the classified    1,011        

service where peculiar and exceptional qualifications of a         1,012        

scientific, managerial, professional, or educational character     1,013        

are required, and upon satisfactory evidence that for specified    1,014        

reasons competition in such special case is impracticable and      1,015        

that the position can best be filled by a selection of some        1,016        

designated person of high and recognized attainments in such       1,017        

qualities, the director may suspend the provisions of sections     1,018        

124.01 to 124.64 of the Revised Code, requiring competition in     1,019        

such case, but no suspension shall be general in its application,  1,020        

and all such cases of suspension shall be reported in the annual   1,021        

report of the director with the reasons for the suspension.  THE   1,022        

                                                          25     


                                                                 
DIRECTOR SHALL SUSPEND THE PROVISIONS WHEN THE DIRECTOR OF JOB     1,023        

AND FAMILY SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER      1,024        

SECTION 5101.051 OF THE REVISED CODE THAT A POSITION WITH THE      1,025        

DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE    1,026        

PROVISIONS ARE SUSPENDED.                                                       

      (3)  Where the services to be rendered by an appointee are   1,028        

for a temporary period, not to exceed six months, and the need of  1,029        

such service is important and urgent, the appointing authority     1,030        

may select for such temporary service any person on the proper     1,031        

list of those eligible for permanent appointment.  Successive      1,032        

temporary appointments to the same position shall not be made      1,033        

under this division.  The acceptance or refusal by an eligible of  1,034        

a temporary appointment shall not affect the person's standing on  1,035        

the register for permanent employment; nor shall the period of     1,036        

temporary service be counted as a part of the probationary         1,037        

service in case of subsequent appointment to a permanent           1,038        

position.                                                          1,039        

      (B)  Persons who receive external interim, temporary, or     1,041        

intermittent appointments are in the unclassified civil service    1,042        

and serve at the pleasure of their appointing authority.  Interim  1,043        

appointments shall be made only to fill a vacancy that results     1,044        

from an employee's temporary absence, but shall not be made to     1,045        

fill a vacancy that results because an employee receives an        1,046        

interim appointment.                                                            

      Sec. 124.301.  THE DIRECTOR OF ADMINISTRATIVE SERVICES       1,048        

SHALL WAIVE ANY RESIDENCY REQUIREMENT FOR THE CIVIL SERVICE        1,049        

ESTABLISHED BY A RULE ADOPTED UNDER DIVISION (A) OF SECTION        1,050        

124.09 OF THE REVISED CODE IF THE DIRECTOR OF JOB AND FAMILY       1,052        

SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER SECTION         1,053        

5101.051 OF THE REVISED CODE THAT A POSITION WITH THE DEPARTMENT   1,054        

OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE RESIDENCY     1,055        

REQUIREMENT IS WAIVED.                                                          

      Sec. 125.24.  (A)  There is hereby created the Ohio benefit  1,064        

systems data linkage committee, consisting of the directors of     1,065        

                                                          26     


                                                                 
administrative services, budget and management, human JOB AND      1,066        

FAMILY services, and health, the tax commissioner, the registrar   1,068        

of motor vehicles, a representative of the Ohio human services     1,069        

directors' association and a representative of the county          1,070        

commissioners association of Ohio appointed by the director of     1,071        

administrative services, and the administrators of the bureaus     1,072        

ADMINISTRATOR of workers' compensation, and employment services    1,074        

AN ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE    1,075        

GOVERNOR.  The director of administrative services shall convene   1,076        

the committee.                                                                  

      (B)  Not later than July 1, 1994, the Ohio benefit systems   1,078        

data linkage committee shall develop a plan for development and    1,079        

implementation of the state benefit eligibility verification       1,080        

system that links the information systems of the agencies          1,081        

specified in division (C) of this section.  The plan shall be      1,083        

submitted to the president of the senate, the speaker of the       1,084        

house of representatives, and the governor.                        1,085        

      The plan shall include all of the following:                 1,087        

      (1)  Designation of the state agency to be responsible for   1,089        

establishing and implementing the system;                          1,090        

      (2)  Specification of the form and manner in which           1,092        

participating agencies must exchange information under the         1,093        

system;                                                            1,094        

      (3)  Specifications regarding the confidential treatment of  1,096        

information obtained and furnished under the system;               1,097        

      (4)  Estimates of the funding required to implement the      1,099        

system;                                                            1,100        

      (5)  A report on the feasibility of directly linking the     1,102        

information system to other state, federal, and local information  1,103        

systems;                                                           1,104        

      (6)  Identification of any federal requirements and          1,106        

limitations applicable to the system.                              1,107        

      (C)  Not later than July 1, 1996, the state benefit          1,109        

eligibility verification system shall be established and           1,110        

                                                          27     


                                                                 
implemented by the chief administrative officer of the agency      1,111        

designated by the Ohio benefit systems data linkage committee.     1,112        

The departments of administrative services, human JOB AND FAMILY   1,114        

services, and taxation; the office of budget and management; the   1,115        

office of vital statistics in the department of health; the        1,116        

bureau of motor vehicles in the department of public safety; and   1,117        

the bureaus BUREAU of employment services and workers'             1,119        

compensation shall participate in the system.                      1,120        

      (D)  The administrator of the system shall ensure that       1,122        

information obtained or furnished under the system is made         1,123        

available only to the extent necessary to assist in the valid      1,124        

administrative needs of the agency receiving the information and   1,125        

is targeted for use in ways that are most likely to be productive  1,126        

in identifying and preventing erroneous eligibility                1,127        

determinations and incorrect payments.  The administrator shall    1,128        

take any other action necessary to provide for the confidential    1,129        

treatment of the information obtained and furnished under the      1,130        

system and shall ensure that the sharing of information under the  1,131        

system is not in conflict with any applicable federal              1,132        

requirements.                                                      1,133        

      Sec. 126.30.  (A)  Any state agency 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