As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 470 5
1999-2000 6
REPRESENTATIVES HARRIS-THOMAS-EVANS-METZGER-GOODMAN-TIBERI-SCHURING- 8
O'BRIEN-WINKLER-CLANCY-CALLENDER-HOLLISTER-TRAKAS-CALVERT-YOUNG- 9
HOOPS-BRADING-A. CORE-TERWILLEGER-CATES-CORBIN-MEAD 11
SENATORS GARDNER-RAY-JOHNSON
_________________________________________________________________ 12
A B I L L
To amend sections 119.01, 119.03, 121.02, 121.03, 14
121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 15
149.01, 153.06, 307.86, 307.981, 307.982, 16
307.983, 307.984, 307.985, 307.986, 329.011,
329.04, 329.05, 329.06, 2151.011, 2301.357, 17
2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 18
4141.046, 4141.06, 4141.08, 4141.10, 4141.13, 19
4141.162, 4141.21, 4141.22, 4141.28, 5101.01,
5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 20
5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 21
5101.25, 5101.35, 5101.37, 5101.38, 5101.80,
5101.97, and 5103.02; to amend, for the purpose 22
of adopting new section numbers as indicated in 23
parentheses, sections 307.984 (307.985), 307.985 24
(307.986), 307.986 (307.987), and 307.987
(307.988); to enact new section 307.984 and 25
sections 124.301, 329.061, 330.01, 330.02, 26
330.04, 330.05, 330.07, 763.01, 763.02, 763.05,
763.07, 5101.051, 5101.09, 5101.213, 5101.351, 27
5101.47, 5107.80, 6301.01, 6301.02, 6301.03, 28
6301.04, 6301.05, 6301.06, 6301.07, 6301.08,
6301.09, and 6301.10; and to repeal sections 29
4141.02, 4141.03, 4141.05, 4141.057, 4141.12,
4141.15, 4141.16, 4141.161, 4141.163, 4141.44, 30
5101.07, 5101.12, 5101.13, 5101.39, 5101.40, 31
2
5101.41, 5101.56, 5103.01, 5103.05, 5103.06,
5103.09, 5103.10, 5103.11, 5103.18, and 5103.19 32
of the Revised Code and to amend Section 30 of 33
Am. Sub. H.B. 283 of the 123rd General Assembly 34
to transfer the functions of the Bureau of
Employment Services to the Department of Job and 35
Family Services and the Department of Commerce, 36
rename the Department of Human Services and the 37
county departments of human services, implement
the federal "Workforce Investment Act of 1998" 38
and make other changes to the law governing job 39
and family services, to maintain the provisions 40
of this act on and after April 1, 2001, by 41
amending the version of section 119.03 of the 42
Revised Code that takes effect on that date, to
maintain the provisions of this act on and after 43
April 1, 2002, by amending the version of section
119.03 of the Revised Code that takes effect on 44
that date, and to make an appropriation. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 119.01, 119.03, 121.02, 121.03, 49
121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 153.06, 50
307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 51
329.011, 329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02, 52
3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08, 53
4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01, 54
5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211, 55
5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38, 56
5101.80, 5101.97, and 5103.02 be amended, sections 307.984 57
(307.985), 307.985 (307.986), 307.986 (307.987), and 307.987 58
(307.988) be amended for the purpose of adopting new section 59
numbers as indicated in parentheses, and new section 307.984 and 60
3
sections 124.301, 329.061, 330.01, 330.02, 330.04, 330.05, 61
330.07, 763.01, 763.02, 763.05, 763.07, 5101.051, 5101.09, 62
5101.213, 5101.351, 5101.47, 5107.80, 6301.01, 6301.02, 6301.03, 63
6301.04, 6301.05, 6301.06, 6301.07, 6301.08, 6301.09, and 6301.10 64
of the Revised Code be enacted to read as follows:
Sec. 119.01. As used in sections 119.01 to 119.13 of the 73
Revised Code: 74
(A)(1) "Agency" means, except as limited by this division, 76
any official, board, or commission having authority to promulgate 77
rules or make adjudications in the bureau of employment services, 78
the civil service commission, the department or, on and after 79
July 1, 1997, the division of liquor control, the department of 80
taxation, the industrial commission, the bureau of workers' 81
compensation, the functions of any administrative or executive 82
officer, department, division, bureau, board, or commission of 83
the government of the state specifically made subject to sections 84
119.01 to 119.13 of the Revised Code, and the licensing functions 85
of any administrative or executive officer, department, division, 86
bureau, board, or commission of the government of the state 87
having the authority or responsibility of issuing, suspending, 88
revoking, or canceling licenses. 89
Except as otherwise provided in division (I) of this 92
section, sections 119.01 to 119.13 of the Revised Code do not 93
apply to the public utilities commission. Sections 119.01 to 94
119.13 of the Revised Code do not apply to the utility 95
radiological safety board; to the controlling board; to actions 96
of the superintendent of financial institutions and the
superintendent of insurance in the taking possession of, and 98
rehabilitation or liquidation of, the business and property of 99
banks, savings and loan associations, savings banks, credit 100
unions, insurance companies, associations, reciprocal fraternal 101
benefit societies, and bond investment companies; or to any 102
action that may be taken by the superintendent of financial 103
institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 104
4
1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 106
1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,
1733.412, or 1761.03 of the Revised Code. 107
Sections 119.01 to 119.13 of the Revised Code do not apply 110
to actions of the industrial commission or the bureau of workers' 111
compensation under sections 4123.01 to 4123.94 of the Revised 112
Code with respect to all matters of adjudication, and to the 113
actions of the industrial commission and bureau of workers' 114
compensation under division (D) of section 4121.32 and sections 115
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 117
the Revised Code.
Sections 119.01 to 119.13 of the Revised Code do not apply 120
to actions of the bureau of employment services, except those 121
relating (2) "AGENCY" ALSO MEANS ANY OFFICIAL OR WORK UNIT 122
HAVING AUTHORITY TO PROMULGATE RULES OR MAKE ADJUDICATIONS IN THE 123
DEPARTMENT OF JOB AND FAMILY SERVICES, BUT ONLY WITH RESPECT to 124
all BOTH of the following: 125
(1)(a) The adoption, amendment, or rescission of rules 128
THAT SECTION 5101.09 OF THE REVISED CODE REQUIRES BE ADOPTED IN
ACCORDANCE WITH THIS CHAPTER; 129
(2)(b) The issuance, suspension, revocation, or 131
cancellation of licenses; 132
(3) Any hearing held pursuant to sections 4115.03 to 134
4115.16 of the Revised Code or Chapter 4109. or 4111. of the 136
Revised Code.
(B) "License" means any license, permit, certificate, 138
commission, or charter issued by any agency. "License" does not 139
include any arrangement whereby a person, institution, or entity 140
furnishes medicaid services under a provider agreement with the 141
department of human JOB AND FAMILY services pursuant to Title XIX 143
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 144
as amended.
(C) "Rule" means any rule, regulation, or standard, having 146
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a general and uniform operation, adopted, promulgated, and 147
enforced by any agency under the authority of the laws governing 148
such agency, and includes any appendix to a rule. "Rule" does 149
not include any internal management rule of an agency unless the 150
internal management rule affects private rights and does not 151
include any guideline adopted pursuant to section 3301.0714 of 152
the Revised Code. 153
(D) "Adjudication" means the determination by the highest 155
or ultimate authority of an agency of the rights, duties, 156
privileges, benefits, or legal relationships of a specified 157
person, but does not include the issuance of a license in 158
response to an application with respect to which no question is 159
raised, nor other acts of a ministerial nature. 160
(E) "Hearing" means a public hearing by any agency in 162
compliance with procedural safeguards afforded by sections 119.01 163
to 119.13 of the Revised Code. 164
(F) "Person" means a person, firm, corporation, 166
association, or partnership. 167
(G) "Party" means the person whose interests are the 169
subject of an adjudication by an agency. 170
(H) "Appeal" means the procedure by which a person, 172
aggrieved by a finding, decision, order, or adjudication of any 173
agency, invokes the jurisdiction of a court. 174
(I) "Rule-making agency" means any board, commission, 176
department, division, or bureau of the government of the state 177
that is required to file proposed rules, amendments, or 178
rescissions under division (D) of section 111.15 of the Revised 179
Code and any agency that is required to file proposed rules, 180
amendments, or rescissions under divisions (B) and (H) of section 181
119.03 of the Revised Code. "Rule-making agency" includes the 182
public utilities commission. "Rule-making agency" does not 184
include any state-supported college or university. 185
(J) "Substantive revision" means any addition to, 187
elimination from, or other change in a rule, an amendment of a 188
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rule, or a rescission of a rule, whether of a substantive or 189
procedural nature, that changes any of the following: 190
(1) That which the rule, amendment, or rescission permits, 192
authorizes, regulates, requires, prohibits, penalizes, rewards, 193
or otherwise affects; 194
(2) The scope or application of the rule, amendment, or 196
rescission. 197
(K) "Internal management rule" means any rule, regulation, 199
or standard governing the day-to-day staff procedures and 200
operations within an agency. 201
Sec. 119.03. In the adoption, amendment, or rescission of 210
any rule, an agency shall comply with the following procedure: 211
(A) Reasonable public notice shall be given in the 213
register of Ohio at least thirty days prior to the date set for a 215
hearing, in the form the agency determines. The agency shall 216
file copies of the public notice under division (B) of this 217
section. (The agency gives public notice in the register of Ohio 218
when the public notice is published in the register under that 219
division.)
The public notice shall include: 221
(1) A statement of the agency's intention to consider 223
adopting, amending, or rescinding a rule; 224
(2) A synopsis of the proposed rule, amendment, or rule to 226
be rescinded or a general statement of the subject matter to 227
which the proposed rule, amendment, or rescission relates; 228
(3) A statement of the reason or purpose for adopting, 230
amending, or rescinding the rule; 231
(4) The date, time, and place of a hearing on the proposed 233
action, which shall be not earlier than the thirty-first nor 235
later than the fortieth day after the proposed rule, amendment, 237
or rescission is filed under division (B) of this section. 238
In addition to public notice given in the register of Ohio, 241
the agency may give whatever other notice it reasonably considers 243
necessary to ensure notice constructively is given to all persons 244
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who are subject to or affected by the proposed rule, amendment, 245
or rescission.
The agency shall provide a copy of the public notice 248
required under division (A) of this section to any person who 249
requests it and pays a reasonable fee, not to exceed the cost of 250
copying and mailing. 251
(B) One copy of the full text of the proposed rule, 253
amendment, or rule to be rescinded, accompanied by one copy of 254
the public notice required under division (A) of this section, 255
shall be filed with the secretary of state. Two copies of the 256
full text of the proposed rule, amendment, or rule to be 257
rescinded, accompanied by two copies of the public notice 258
required under division (A) of this section, shall be filed with 259
the director of the legislative service commission. (If in 260
compliance with this division an agency files more than one 261
proposed rule, amendment, or rescission at the same time, and has 262
prepared a public notice under division (A) of this section that 265
applies to more than one of the proposed rules, amendments, or 266
rescissions, the agency shall file only one copy of the notice 267
with the secretary of state and only two copies of the notice 268
with the director for all of the proposed rules, amendments, or 269
rescissions to which the notice applies.) The proposed rule, 270
amendment, or rescission and public notice shall be filed as 271
required by this division at least sixty-five days prior to the 273
date on which the agency, in accordance with division (D) of this 274
section, issues an order adopting the proposed rule, amendment, 275
or rescission. 276
The proposed rule, amendment, or rescission shall be 279
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 280
form without charge to any person affected by the proposal. 281
Failure to furnish such text to any person requesting it shall 282
not invalidate any action of the agency in connection therewith. 283
If the agency files a substantive revision in the text of 285
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the proposed rule, amendment, or rescission under division (H) of 286
this section, it shall also promptly file one copy of the full 287
text of the proposed rule, amendment, or rescission in its 288
revised form with the secretary of state and two copies thereof 289
with the director of the legislative service commission. 290
The agency shall attach a copy of the rule summary and 293
fiscal analysis prepared under section 121.24 or 127.18 of the 294
Revised Code, or both, to each copy of a proposed rule, 295
amendment, or rescission or proposed rule, amendment, or 296
rescission in revised form that is filed with the secretary of 297
state or the director of the legislative service commission. 298
The director of the legislative service commission shall 300
publish in the register of Ohio the full text of the original and 302
each revised version of a proposed rule, amendment, or 303
rescission; the full text of a public notice; and the full text 305
of a rule summary and fiscal analysis that is filed with the 306
director under this division.
(C) On the date and at the time and place designated in 308
the notice, the agency shall conduct a public hearing at which 309
any person affected by the proposed action of the agency may 310
appear and be heard in person, by the person's attorney, or both, 312
may present the person's position, arguments, or contentions, 313
orally or in writing, offer and examine witnesses, and present 315
evidence tending to show that the proposed rule, amendment, or 316
rescission, if adopted or effectuated, will be unreasonable or 317
unlawful. An agency may permit persons affected by the proposed 318
rule, amendment, or rescission to present their positions, 319
arguments, or contentions in writing, not only at the hearing, 320
but also for a reasonable period before, after, or both before 321
and after the hearing. A person who presents a position or 322
arguments or contentions in writing before or after the hearing 323
is not required to appear at the hearing. 324
At the hearing, the testimony shall be recorded. Such 326
record shall be made at the expense of the agency. The agency is 329
9
required to transcribe a record that is not sight readable only 330
if a person requests transcription of all or part of the record 331
and agrees to reimburse the agency for the costs of the 332
transcription. An agency may require the person to pay in 333
advance all or part of the cost of the transcription. 334
In any hearing under this section the agency may administer 336
oaths or affirmations. 337
(D) After complying with divisions (A), (B), (C), and (H) 339
of this section, and when the time for legislative review and 340
invalidation under division (I) of this section has expired, the 341
agency may issue an order adopting the proposed rule or the 342
proposed amendment or rescission of the rule, consistent with the 343
synopsis or general statement included in the public notice. At 344
that time the agency shall designate the effective date of the 345
rule, amendment, or rescission, which shall not be earlier than 346
the tenth day after the rule, amendment, or rescission has been 347
filed in its final form as provided in section 119.04 of the 348
Revised Code. 349
(E) Prior to the effective date of a rule, amendment, or 351
rescission, the agency shall make a reasonable effort to inform 352
those affected by the rule, amendment, or rescission and to have 353
available for distribution to those requesting it the full text 354
of the rule as adopted or as amended. 355
(F) If the governor, upon the request of an agency, 357
determines that an emergency requires the immediate adoption, 358
amendment, or rescission of a rule, the governor shall issue a 360
written order, a copy of which shall be filed with the secretary 361
of state, the director of the legislative service commission, and 362
the joint committee on agency rule review, that the procedure 363
prescribed by this section with respect to the adoption, 364
amendment, or rescission of a specified rule is suspended. The 365
agency may then adopt immediately the emergency rule, amendment, 366
or rescission and it becomes effective on the date copies of the 367
rule, amendment, or rescission, in final form and in compliance 368
10
with division (A)(2) of section 119.04 of the Revised Code, are 369
filed as follows: two certified copies of the emergency rule, 370
amendment, or rescission shall be filed with both the secretary 371
of state and the director of the legislative service commission, 372
and one certified copy of the emergency rule, amendment, or 373
rescission shall be filed with the joint committee on agency rule 374
review. If all copies are not filed on the same day, the 375
emergency rule, amendment, or rescission shall be effective on 376
the day on which the latest filing is made. The director shall 377
publish the full text of the emergency rule, amendment, or 378
rescission in the register of Ohio. 379
The emergency rule, amendment, or rescission shall become 382
invalid at the end of the ninetieth day it is in effect. Prior 383
to that date the agency may adopt the emergency rule, amendment, 384
or rescission as a nonemergency rule, amendment, or rescission by 385
complying with the procedure prescribed by this section for the 386
adoption, amendment, and rescission of nonemergency rules. The 387
agency shall not use the procedure of this division to readopt 388
the emergency rule, amendment, or rescission so that, upon the 389
emergency rule, amendment, or rescission becoming invalid under 390
this division, the emergency rule, amendment, or rescission will 391
continue in effect without interruption for another ninety-day 392
period.
This division does not apply to the adoption of any 394
emergency rule, amendment, or rescission by the tax commissioner 395
under division (C)(2) of section 5117.02 of the Revised Code. 396
(G) Rules adopted by an authority within the department of 398
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 399
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 400
DEPARTMENT of employment services TAXATION shall be effective 402
without a hearing as provided by this section if the statutes 403
pertaining to such agency specifically give a right of appeal to 404
the board of tax appeals or to a higher authority within the 405
agency or to a court, and also give the appellant a right to a 406
11
hearing on such appeal. This division does not apply to the 407
adoption of any rule, amendment, or rescission by the tax 408
commissioner under division (C)(1) or (2) of section 5117.02 of 409
the Revised Code, or deny the right to file an action for 410
declaratory judgment as provided in Chapter 2721. of the Revised 411
Code from the decision of the board of tax appeals or of the 412
higher authority within such agency. 413
(H) When any agency files a proposed rule, amendment, or 415
rescission under division (B) of this section, it shall also file 416
with the joint committee on agency rule review two copies of the 417
full text of the proposed rule, amendment, or rule to be 418
rescinded in the same form and two copies of the public notice 419
required under division (A) of this section. (If in compliance 420
with this division an agency files more than one proposed rule, 421
amendment, or rescission at the same time, and has given a public 422
notice under division (A) of this section that applies to more 423
than one of the proposed rules, amendments, or rescissions, the 424
agency shall file only two copies of the notice with the joint 425
committee for all of the proposed rules, amendments, or 426
rescissions to which the notice applies.) If the agency makes a 427
substantive revision in a proposed rule, amendment, or rescission 428
after it is filed with the joint committee, the agency shall 429
promptly file two copies of the full text of the proposed rule, 430
amendment, or rescission in its revised form with the joint 431
committee. The latest version of a proposed rule, amendment, or 432
rescission as filed with the joint committee supersedes each 433
earlier version of the text of the same proposed rule, amendment, 434
or rescission. An agency shall attach one copy of the rule 435
summary and fiscal analysis prepared under section 121.24 or 436
127.18 of the Revised Code, or both, to each copy of a proposed 437
rule, amendment, or rescission, and to each copy of a proposed 438
rule, amendment, or rescission in revised form, that is filed 439
under this division. 440
This division does not apply to: 442
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(1) An emergency rule, amendment, or rescission; 444
(2) Any proposed rule, amendment, or rescission that must 446
be adopted verbatim by an agency pursuant to federal law or rule, 447
to become effective within sixty days of adoption, in order to 448
continue the operation of a federally reimbursed program in this 449
state, so long as the proposed rule contains both of the 450
following: 451
(a) A statement that it is proposed for the purpose of 453
complying with a federal law or rule; 454
(b) A citation to the federal law or rule that requires 456
verbatim compliance. 457
If a rule or amendment is exempt from legislative review 459
under division (H)(2) of this section, and if the federal law or 460
rule pursuant to which the rule or amendment was adopted expires, 461
is repealed or rescinded, or otherwise terminates, the rule or 463
amendment, or its rescission, is thereafter subject to 464
legislative review under division (H) of this section. 466
(I)(1) The joint committee on agency rule review may 468
recommend the adoption of a concurrent resolution invalidating a 469
proposed rule, amendment, rescission, or part thereof if it finds 470
any of the following: 471
(a) That the rule-making agency has exceeded the scope of 473
its statutory authority in proposing the rule, amendment, or 474
rescission; 475
(b) That the proposed rule, amendment, or rescission 477
conflicts with another rule, amendment, or rescission adopted by 478
the same or a different rule-making agency; 479
(c) That the proposed rule, amendment, or rescission 481
conflicts with the legislative intent in enacting the statute 482
under which the rule-making agency proposed the rule, amendment, 483
or rescission; 484
(d) That the rule-making agency has failed to prepare a 486
complete and accurate rule summary and fiscal analysis of the 487
proposed rule, amendment, or rescission as required by section 488
13
121.24 or 127.18 of the Revised Code, or both. 489
The joint committee shall not hold its public hearing on a 491
proposed rule, amendment, or rescission earlier than the 492
forty-first day after the original version of the proposed rule, 493
amendment, or rescission was filed with the joint committee. 494
The house of representatives and senate may adopt a 496
concurrent resolution invalidating a proposed rule, amendment, 497
rescission, or part thereof. The concurrent resolution shall 498
state which of the specific rules, amendments, rescissions, or 499
parts thereof are invalidated. A concurrent resolution 500
invalidating a proposed rule, amendment, or rescission shall be 501
adopted not later than the sixty-fifth day after the original 504
version of the text of the proposed rule, amendment, or 505
rescission is filed with the joint committee, except that if more 506
than thirty-five days after the original version is filed the 508
rule-making agency either files a revised version of the text of 509
the proposed rule, amendment, or rescission, or revises the rule 510
summary and fiscal analysis in accordance with division (I)(4) of 511
this section, a concurrent resolution invalidating the proposed 512
rule, amendment, or rescission shall be adopted not later than 513
the thirtieth day after the revised version of the proposed rule 515
or rule summary and fiscal analysis is filed. If, after the 516
joint committee on agency rule review recommends the adoption of 517
a concurrent resolution invalidating a proposed rule, amendment, 518
rescission, or part thereof, the house of representatives or 519
senate does not, within the time remaining for adoption of the 520
concurrent resolution, hold five floor sessions at which its 521
journal records a roll call vote disclosing a sufficient number 522
of members in attendance to pass a bill, the time within which 523
that house may adopt the concurrent resolution is extended until 524
it has held five such floor sessions. 525
Within five days after the adoption of a concurrent 527
resolution invalidating a proposed rule, amendment, rescission, 528
or part thereof, the clerk of the senate shall send the 529
14
rule-making agency, the secretary of state, and the director of 530
the legislative service commission a certified copy of the 531
resolution together with a certification stating the date on 532
which the resolution takes effect. The secretary of state and 533
the director of the legislative service commission shall each 534
note the invalidity of the proposed rule, amendment, rescission, 535
or part thereof on their copies, and shall each remove the 537
invalid proposed rule, amendment, rescission, or part thereof 538
from the file of proposed rules. The rule-making agency shall 539
not proceed to adopt in accordance with division (D) of this 540
section, or to file in accordance with division (B)(1) of section 541
111.15 of the Revised Code, any version of a proposed rule, 542
amendment, rescission, or part thereof that has been invalidated 543
by concurrent resolution. 544
Unless the house of representatives and senate adopt a 546
concurrent resolution invalidating a proposed rule, amendment, 547
rescission, or part thereof within the time specified by this 548
division, the rule-making agency may proceed to adopt in 549
accordance with division (D) of this section, or to file in 550
accordance with division (B)(1) of section 111.15 of the Revised 551
Code, the latest version of the proposed rule, amendment, or 552
rescission as filed with the joint committee. If by concurrent 553
resolution certain of the rules, amendments, rescissions, or 554
parts thereof are specifically invalidated, the rule-making 555
agency may proceed to adopt, in accordance with division (D) of 556
this section, or to file in accordance with division (B)(1) of 557
section 111.15 of the Revised Code, the latest version of the 558
proposed rules, amendments, rescissions, or parts thereof as 559
filed with the joint committee that are not specifically 560
invalidated. The rule-making agency may not revise or amend any 561
proposed rule, amendment, rescission, or part thereof that has 562
not been invalidated except as provided in this chapter or in 563
section 111.15 of the Revised Code. 564
(2)(a) A proposed rule, amendment, or rescission that is 566
15
filed with the joint committee under division (H) of this section 567
or division (D) of section 111.15 of the Revised Code shall be 568
carried over for legislative review to the next succeeding 569
regular session of the general assembly if the original or any 570
revised version of the proposed rule, amendment, or rescission is 571
filed with the joint committee on or after the first day of 572
December of any year. 573
(b) The latest version of any proposed rule, amendment, or 575
rescission that is subject to division (I)(2)(a) of this section, 576
as filed with the joint committee, is subject to legislative 577
review and invalidation in the next succeeding regular session of 578
the general assembly in the same manner as if it were the 579
original version of a proposed rule, amendment, or rescission 580
that had been filed with the joint committee for the first time 581
on the first day of the session. A rule-making agency shall not 582
adopt in accordance with division (D) of this section, or file in 583
accordance with division (B)(1) of section 111.15 of the Revised 584
Code, any version of a proposed rule, amendment, or rescission 585
that is subject to division (I)(2)(a) of this section until the 586
time for legislative review and invalidation, as contemplated by 587
division (I)(2)(b) of this section, has expired. 588
(3) Invalidation of any version of a proposed rule, 590
amendment, rescission, or part thereof by concurrent resolution 591
shall prevent the rule-making agency from instituting or 592
continuing proceedings to adopt any version of the same proposed 593
rule, amendment, rescission, or part thereof for the duration of 594
the general assembly that invalidated the proposed rule, 595
amendment, rescission, or part thereof unless the same general 596
assembly adopts a concurrent resolution permitting the 597
rule-making agency to institute or continue such proceedings. 598
The failure of the general assembly to invalidate a 600
proposed rule, amendment, rescission, or part thereof under this 601
section shall not be construed as a ratification of the 602
lawfulness or reasonableness of the proposed rule, amendment, 603
16
rescission, or any part thereof or of the validity of the 604
procedure by which the proposed rule, amendment, rescission, or 605
any part thereof was proposed or adopted. 606
(4) In lieu of recommending a concurrent resolution to 608
invalidate a proposed rule, amendment, rescission, or part 609
thereof because the rule-making agency has failed to prepare a 610
complete and accurate fiscal analysis, the joint committee on 611
agency rule review may issue, on a one-time basis, for rules, 612
amendments, rescissions, or parts thereof that have a fiscal 613
effect on school districts, counties, townships, or municipal 614
corporations, a written finding that the rule summary and fiscal 615
analysis is incomplete or inaccurate and order the rule-making 616
agency to revise the rule summary and fiscal analysis and refile 617
it with the proposed rule, amendment, rescission, or part 618
thereof. If an emergency rule is filed as a nonemergency rule 619
before the end of the ninetieth day of the emergency rule's 620
effectiveness, and the joint committee issues a finding and 621
orders the rule-making agency to refile under division (I)(4) of 622
this section, the governor may also issue a written order stating 623
that the emergency rule shall remain in effect for an additional 624
sixty days after the ninetieth day of the emergency rule's 625
effectiveness. Copies of the governor's written orders shall be 626
filed in accordance with division (F) of this section. The joint 627
committee shall send the rule-making agency, the secretary of 628
state, and the director of the legislative service commission a 629
certified copy of the order to revise the rule summary and fiscal 630
analysis, which shall take immediate effect. 631
A written order issued under division (I)(4) of this 633
section shall prevent the rule-making agency from instituting or 634
continuing proceedings to adopt any version of the proposed rule, 635
amendment, rescission, or part thereof until the rule-making 636
agency revises the rule summary and fiscal analysis and refiles 637
it with the joint committee along with the proposed rule, 638
amendment, rescission, or part thereof. If the joint committee 639
17
finds the rule summary and fiscal analysis to be complete and 640
accurate, the joint committee shall issue a new written order 641
noting that the rule-making agency has revised and refiled a 642
complete and accurate rule summary and fiscal analysis. The 643
joint committee shall send the rule-making agency, the secretary 644
of state, and the director of the legislative service commission 645
a certified copy of this new order. The secretary of state and 646
the director of the legislative service commission shall each 647
attach this order to their copies of the proposed rule, 648
amendment, rescission, or part thereof. The rule-making agency 649
may then proceed to adopt in accordance with division (D) of this 650
section, or to file in accordance with division (B)(1) of section 651
111.15 of the Revised Code, the proposed rule, amendment, 652
rescission, or part thereof that was subject to the written 653
finding and order under division (I)(4) of this section. If the 654
joint committee determines that the revised rule summary and 655
fiscal analysis is still inaccurate or incomplete, the joint 656
committee shall recommend the adoption of a concurrent resolution 657
in accordance with division (I)(1) of this section. 658
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001. 660
Sec. 121.02. The following administrative departments and 669
their respective directors are hereby created: 670
(A) The office of budget and management, which shall be 672
administered by the director of budget and management; 673
(B) The department of commerce, which shall be 675
administered by the director of commerce; 676
(C) The department of administrative services, which shall 678
be administered by the director of administrative services; 679
(D) The department of transportation, which shall be 681
administered by the director of transportation; 682
(E) The department of agriculture, which shall be 684
administered by the director of agriculture; 685
(F) The department of natural resources, which shall be 687
administered by the director of natural resources; 688
18
(G) The department of health, which shall be administered 690
by the director of health; 691
(H) The department of human JOB AND FAMILY services, which 693
shall be administered by the director of human JOB AND FAMILY 695
services;
(I) Until July 1, 1997, the department of liquor control, 697
which shall be administered by the director of liquor control; 698
(J) The department of public safety, which shall be 700
administered by the director of public safety; 701
(K) The department of mental health, which shall be 703
administered by the director of mental health; 704
(L) The department of mental retardation and developmental 706
disabilities, which shall be administered by the director of 707
mental retardation and developmental disabilities; 708
(M) The department of insurance, which shall be 710
administered by the superintendent of insurance as director 711
thereof; 712
(N) The department of development, which shall be 714
administered by the director of development; 715
(O) The department of youth services, which shall be 717
administered by the director of youth services; 718
(P) The department of rehabilitation and correction, which 720
shall be administered by the director of rehabilitation and 721
correction; 722
(Q) The environmental protection agency, which shall be 724
administered by the director of environmental protection; 725
(R) The department of aging, which shall be administered 727
by the director of aging; 728
(S) The department of alcohol and drug addiction services, 730
which shall be administered by the director of alcohol and drug 731
addiction services. 732
The director of each department shall exercise the powers 734
and perform the duties vested by law in such department. 735
Sec. 121.03. The following administrative department heads 744
19
shall be appointed by the governor, with the advice and consent 745
of the senate, and shall hold their offices during the term of 746
the appointing governor, and are subject to removal at the 747
pleasure of the governor. 748
(A) The director of budget and management; 750
(B) The director of commerce; 752
(C) The director of transportation; 754
(D) The director of agriculture; 756
(E) The director of human JOB AND FAMILY services; 759
(F) Until July 1, 1997, the director of liquor control; 761
(G) The director of public safety; 763
(H) The superintendent of insurance; 765
(I) The director of development; 767
(J) The tax commissioner; 769
(K) The director of administrative services; 771
(L) The administrator of the bureau of employment 773
services; 774
(M) The director of natural resources; 776
(N)(M) The director of mental health; 778
(O)(N) The director of mental retardation and 780
developmental disabilities; 781
(P)(O) The director of health; 783
(Q)(P) The director of youth services; 785
(R)(Q) The director of rehabilitation and correction; 787
(S)(R) The director of environmental protection; 789
(T)(S) The director of aging; 791
(U)(T) The director of alcohol and drug addiction 793
services;
(V)(U) The administrator of workers' compensation who 795
meets the qualifications required under division (A) of section 796
4121.121 of the Revised Code. 797
Sec. 121.32. The commission on Hispanic-Latino affairs 806
shall:
(A) Gather and disseminate information and conduct 808
20
hearings, conferences, investigations, and special studies on 809
problems and programs concerning Spanish-speaking people; 810
(B) Secure appropriate recognition of the accomplishments 812
and contributions of Spanish-speaking people to this state; 813
(C) Stimulate public awareness of the problems of 815
Spanish-speaking people by conducting a program of public 816
education; 817
(D) Develop, coordinate, and assist other public and 819
private organizations that serve Spanish-speaking people, 820
including the conducting of training programs for community 821
leadership and service project staff; 822
(E) Advise the governor, general assembly, and state 824
departments and agencies of the nature, magnitude, and priorities 825
of the problems of Spanish-speaking people; 826
(F) Advise the governor, general assembly, and state 828
departments and agencies on, and assist in the development and 829
implementation of, comprehensive and coordinated policies, 830
programs, and procedures focusing on the special problems and 831
needs of Spanish-speaking people, especially in the fields of 832
education, employment, energy, health, housing, welfare, and 833
recreation; 834
(G) Propose new programs concerning Spanish-speaking 836
people to public and private agencies and evaluate for such 837
agencies existing programs or prospective legislation concerning 838
Spanish-speaking people; 839
(H) Review and approve grants to be made from federal, 841
state, or private funds which are administered or subcontracted 842
by the office of Spanish-speaking affairs; 843
(I) Review and approve the annual report prepared by the 845
office of Spanish-speaking affairs; 846
(J) Create an interagency council consisting of the 848
following persons or their authorized representatives: one 849
member of the senate appointed by the president of the senate; 850
one member of the house of representatives appointed by the 851
21
speaker of the house of representatives; the directors of 852
administrative services, agriculture, education, development, 853
health, highway safety, human JOB AND FAMILY services, industrial 854
relations, liquor control, mental health, mental retardation and 856
developmental disabilities, natural resources, rehabilitation and 857
correction, youth services, transportation, environmental 858
protection, and budget and management; the chairperson of the 859
Ohio civil rights commission, and the administrators of the 861
bureau of employment services, the bureau of workers' 862
compensation, and the rehabilitation services commission, AND AN 864
ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE
GOVERNOR. The commission on Hispanic-Latino affairs, by rule, 867
may designate other state officers or their representatives to be 868
members of the council. The director of the commission shall be 870
the chairperson of the council.
The interagency council shall provide and coordinate the 872
exchange of information relative to the needs of Spanish-speaking 873
people and promote the delivery of state services to such people. 874
The council shall meet at the call of the chairperson. 875
Sec. 124.23. (A) All applicants for positions and places 884
in the classified service shall be subject to examination, except 885
for applicants for positions as professional or certified service 886
and paraprofessional employees of county boards of mental 887
retardation and developmental disabilities, who shall be hired in 888
the manner provided in section 124.241 of the Revised Code. 889
(B) Any examination administered under this section shall 891
be public, and open to all citizens of the United States and 892
those persons who have legally declared their intentions of 893
becoming United States citizens, within certain limitations to be 894
determined by the director of administrative services, as to 895
citizenship, residence, age, experience, education, health, 896
habit, and moral character; provided any soldier, sailor, marine, 897
coast guardsman GUARDER, member of the auxiliary corps as 898
established by congress, member of the army nurse corps or navy 900
22
nurse corps, or red cross nurse who has served in the army, navy, 901
or hospital service of the United States, and such other military 902
service as is designated by congress, including World War I, 903
World War II, or during the period beginning May 1, 1949, and 904
lasting so long as the armed forces of the United States are 905
engaged in armed conflict or occupation duty, or the selective 906
service or similar conscriptive acts are in effect in the United 907
States, whichever is the later date, who has been honorably 908
discharged therefrom or transferred to the reserve with evidence 909
of satisfactory service, and is a resident of Ohio, may file with 910
the director OF ADMINISTRATIVE SERVICES a certificate of service 912
or honorable discharge, whereupon the person shall receive 914
additional credit of twenty per cent of the person's total grade 915
given in the regular examination in which the person receives a
passing grade. Such examination may include an evaluation of 916
such factors as education, training, capacity, knowledge, manual 917
dexterity, and physical or psychological fitness. Examinations 918
shall consist of one or more tests in any combination. Tests may 919
be written, oral, physical, demonstration of skill, or an 920
evaluation of training and experiences and shall be designed to 921
fairly test the relative capacity of the persons examined to 922
discharge the particular duties of the position for which 923
appointment is sought. Where minimum or maximum requirements are 924
established for any examination they shall be specified in the 925
examination announcement. 926
The director OF ADMINISTRATIVE SERVICES shall have control 928
of all examinations, except as otherwise provided in sections 930
124.01 to 124.64 of the Revised Code. No questions in any 931
examination shall relate to political or religious opinions or 932
affiliations. No credit for seniority, efficiency, or any other 933
reason shall be added to an applicant's examination grade unless 934
the applicant achieves at least the minimum passing grade on the 935
examination without counting such extra credit. 936
Reasonable EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 124.01 938
23
TO 124.64 OF THE REVISED CODE, THE DIRECTOR OF ADMINISTRATIVE 939
SERVICES SHALL GIVE REASONABLE notice of the time, place, and 940
general scope of every competitive examination for appointment to 941
a position in the civil service, except as otherwise provided in 942
such sections, shall be given by the director. Written THE 943
DIRECTOR OF ADMINISTRATIVE SERVICES SHALL SEND WRITTEN, printed, 944
or electronic notices of every examination of the state 946
classified service shall be sent by the director to each Ohio 947
bureau of employment services branch office, or, if no such 948
branch office AGENCY OF THE TYPE THE DIRECTOR OF JOB AND FAMILY 949
SERVICES SPECIFIES AND, IN THE CASE OF A COUNTY IN WHICH NO SUCH 950
AGENCY is located in a county, to the clerk of the court of 951
common pleas of that county and to the clerk of each city of that 953
county. Such notices, promptly upon receipt, shall be posted in 954
conspicuous public places in the branch office, or in DESIGNATED 955
AGENCIES AND the courthouse of the county, and in the city hall 957
of the city CITIES, OF THE COUNTIES IN WHICH NO SUCH AGENCY IS 958
LOCATED. Such notices shall be posted in a conspicuous place in 959
the office of the director OF ADMINISTRATIVE SERVICES for at 960
least two weeks before any examination. In case of examinations 961
limited by the director OF ADMINISTRATIVE SERVICES to a district, 962
county, city, or department, the director OF ADMINISTRATIVE 964
SERVICES shall provide by rule for adequate publicity of such 965
examinations in the district, county, city, or department within 966
which competition is permitted. 967
Sec. 124.30. (A) Positions in the classified service may 976
be filled without competition as follows: 977
(1) Whenever there are urgent reasons for filling a 979
vacancy in any position in the classified service and the 980
director of administrative services is unable to certify to the 981
appointing authority, upon requisition by the latter, a list of 982
persons eligible for appointment to such position after a 983
competitive examination, the appointing authority may nominate a 984
person to the director for noncompetitive examination, and if 985
24
such nominee is certified by the director as qualified after such 986
noncompetitive examination, the nominee may be appointed 987
provisionally to fill such vacancy until a selection and 989
appointment can be made after competitive examination; but such 990
provisional appointment shall continue in force only until a 991
regular appointment can be made from eligible lists prepared by 992
the director and such eligible lists shall be prepared within six 993
months, provided that an examination for the position must be 994
held within the six-month period from the date of such 995
provisional appointment. In the case of provisional appointees 996
in county departments of human JOB AND FAMILY services and in the 997
department of human JOB AND FAMILY services and department of 998
health, if the salary is paid in whole or in part from federal 1,000
funds, such eligible lists shall be prepared within six months, 1,001
provided that an examination for the position must be held within 1,002
the six-month period from the date of such provisional 1,003
appointment. In case of an emergency, an appointment may be made 1,004
without regard to the rules of sections 124.01 to 124.64 of the 1,005
Revised Code, but in no case to continue longer than thirty days, 1,006
and in no case shall successive appointments be made. Interim or 1,007
temporary appointments, made necessary by reason of sickness, 1,008
disability, or other approved leave of absence of regular 1,009
officers or employees shall continue only during such period of 1,010
sickness, disability, or other approved leave of absence, subject 1,011
to rules to be provided for by the director. 1,012
(2) In case of a vacancy in a position in the classified 1,014
service where peculiar and exceptional qualifications of a 1,015
scientific, managerial, professional, or educational character 1,016
are required, and upon satisfactory evidence that for specified 1,017
reasons competition in such special case is impracticable and 1,018
that the position can best be filled by a selection of some 1,019
designated person of high and recognized attainments in such 1,020
qualities, the director may suspend the provisions of sections 1,021
124.01 to 124.64 of the Revised Code, requiring competition in 1,022
25
such case, but no suspension shall be general in its application, 1,023
and all such cases of suspension shall be reported in the annual 1,024
report of the director with the reasons for the suspension. THE 1,025
DIRECTOR SHALL SUSPEND THE PROVISIONS WHEN THE DIRECTOR OF JOB 1,026
AND FAMILY SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER 1,027
SECTION 5101.051 OF THE REVISED CODE THAT A POSITION WITH THE 1,028
DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE 1,029
PROVISIONS ARE SUSPENDED.
(3) Where the services to be rendered by an appointee are 1,031
for a temporary period, not to exceed six months, and the need of 1,032
such service is important and urgent, the appointing authority 1,033
may select for such temporary service any person on the proper 1,034
list of those eligible for permanent appointment. Successive 1,035
temporary appointments to the same position shall not be made 1,036
under this division. The acceptance or refusal by an eligible of 1,037
a temporary appointment shall not affect the person's standing on 1,038
the register for permanent employment; nor shall the period of 1,039
temporary service be counted as a part of the probationary 1,040
service in case of subsequent appointment to a permanent 1,041
position. 1,042
(B) Persons who receive external interim, temporary, or 1,044
intermittent appointments are in the unclassified civil service 1,045
and serve at the pleasure of their appointing authority. Interim 1,046
appointments shall be made only to fill a vacancy that results 1,047
from an employee's temporary absence, but shall not be made to 1,048
fill a vacancy that results because an employee receives an 1,049
interim appointment.
Sec. 124.301. THE DIRECTOR OF ADMINISTRATIVE SERVICES 1,051
SHALL WAIVE ANY RESIDENCY REQUIREMENT FOR THE CIVIL SERVICE 1,052
ESTABLISHED BY A RULE ADOPTED UNDER DIVISION (A) OF SECTION 1,053
124.09 OF THE REVISED CODE IF THE DIRECTOR OF JOB AND FAMILY 1,055
SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER SECTION 1,056
5101.051 OF THE REVISED CODE THAT A POSITION WITH THE DEPARTMENT 1,057
OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE RESIDENCY 1,058
26
REQUIREMENT IS WAIVED.
Sec. 125.24. (A) There is hereby created the Ohio benefit 1,067
systems data linkage committee, consisting of the directors of 1,068
administrative services, budget and management, human JOB AND 1,069
FAMILY services, and health, the tax commissioner, the registrar 1,071
of motor vehicles, a representative of the Ohio human services 1,072
directors' association and a representative of the county 1,073
commissioners association of Ohio appointed by the director of 1,074
administrative services, and the administrators of the bureaus 1,075
ADMINISTRATOR of workers' compensation, and employment services 1,077
AN ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE 1,078
GOVERNOR. The director of administrative services shall convene 1,079
the committee.
(B) Not later than July 1, 1994, the Ohio benefit systems 1,081
data linkage committee shall develop a plan for development and 1,082
implementation of the state benefit eligibility verification 1,083
system that links the information systems of the agencies 1,084
specified in division (C) of this section. The plan shall be 1,086
submitted to the president of the senate, the speaker of the 1,087
house of representatives, and the governor. 1,088
The plan shall include all of the following: 1,090
(1) Designation of the state agency to be responsible for 1,092
establishing and implementing the system; 1,093
(2) Specification of the form and manner in which 1,095
participating agencies must exchange information under the 1,096
system; 1,097
(3) Specifications regarding the confidential treatment of 1,099
information obtained and furnished under the system; 1,100
(4) Estimates of the funding required to implement the 1,102
system; 1,103
(5) A report on the feasibility of directly linking the 1,105
information system to other state, federal, and local information 1,106
systems; 1,107
(6) Identification of any federal requirements and 1,109
27
limitations applicable to the system. 1,110
(C) Not later than July 1, 1996, the state benefit 1,112
eligibility verification system shall be established and 1,113
implemented by the chief administrative officer of the agency 1,114
designated by the Ohio benefit systems data linkage committee. 1,115
The departments of administrative services, human JOB AND FAMILY 1,117
services, and taxation; the office of budget and management; the 1,118
office of vital statistics in the department of health; the 1,119
bureau of motor vehicles in the department of public safety; and 1,120
the bureaus BUREAU of employment services and workers' 1,122
compensation shall participate in the system. 1,123
(D) The administrator of the system shall ensure that 1,125
information obtained or furnished under the system is made 1,126
available only to the extent necessary to assist in the valid 1,127
administrative needs of the agency receiving the information and 1,128
is targeted for use in ways that are most likely to be productive 1,129
in identifying and preventing erroneous eligibility 1,130
determinations and incorrect payments. The administrator shall 1,131
take any other action necessary to provide for the confidential 1,132
treatment of the information obtained and furnished under the 1,133
system and shall ensure that the sharing of information under the 1,134
system is not in conflict with any applicable federal 1,135
requirements. 1,136
Sec. 126.30. (A) Any state agency that purchases, leases, 1,145
or otherwise acquires any equipment, materials, goods, supplies, 1,146
or services from any person and fails to make payment for the 1,147
equipment, materials, goods, supplies, or services by the 1,148
required payment date shall pay an interest charge to the person 1,149
in accordance with division (E) of this section, unless the 1,150
amount of the interest charge is less than ten dollars. Except 1,151
as otherwise provided in division (B), (C), or (D) of this 1,153
section, the required payment date shall be the date on which 1,154
payment is due under the terms of a written agreement between the 1,155
state agency and the person or, if a specific payment date is not 1,156
28
established by such a written agreement, the required payment 1,157
date shall be thirty days after the state agency receives a 1,158
proper invoice for the amount of the payment due. 1,159
(B) If the invoice submitted to the state agency contains 1,161
a defect or impropriety, the agency shall send written 1,162
notification to the person within fifteen days after receipt of 1,163
the invoice. The notice shall contain a description of the 1,164
defect or impropriety and any additional information necessary to 1,165
correct the defect or impropriety. If the agency sends such 1,166
written notification to the person, the required payment date 1,167
shall be thirty days after the state agency receives a proper 1,168
invoice. 1,169
(C) In applying this section to claims submitted to the 1,171
department of human JOB AND FAMILY services by providers of 1,172
equipment, materials, goods, supplies, or services, the required 1,173
payment date shall be the date on which payment is due under the 1,174
terms of a written agreement between the department and the 1,175
provider. If a specific payment date is not established by a 1,176
written agreement, the required payment date shall be thirty days 1,177
after the department receives a proper claim. If the department 1,178
determines that the claim is improperly executed or that 1,179
additional evidence of the validity of the claim is required, the 1,180
department shall notify the claimant in writing or by telephone 1,181
within fifteen days after receipt of the claim. The notice shall 1,182
state that the claim is improperly executed and needs correction 1,183
or that additional information is necessary to establish the 1,184
validity of the claim. If the department makes such notification 1,185
to the provider, the required payment date shall be thirty days 1,186
after the department receives the corrected claim or such 1,187
additional information as may be necessary to establish the 1,188
validity of the claim. 1,189
(D) In applying this section to invoices submitted to the 1,191
bureau of workers' compensation for equipment, materials, goods, 1,192
supplies, or services provided to employees in connection with an 1,193
29
employee's claim against the state insurance fund, the public 1,194
work-relief employees' compensation fund, the coal-workers 1,195
pneumoconiosis fund, or the marine industry fund as compensation 1,196
for injuries or occupational disease pursuant to Chapter 4123., 1,197
4127., or 4131. of the Revised Code, the required payment date 1,198
shall be the date on which payment is due under the terms of a 1,199
written agreement between the bureau and the provider. If a 1,200
specific payment date is not established by a written agreement, 1,201
the required payment date shall be thirty days after the bureau 1,202
receives a proper invoice for the amount of the payment due or 1,203
thirty days after the final adjudication allowing payment of an 1,204
award to the employee, whichever is later. Nothing in this 1,205
section shall supersede any faster timetable for payments to 1,206
health care providers contained in sections 4121.44 and 4123.512 1,208
of the Revised Code.
For purposes of this division, a "proper invoice" includes 1,210
the claimant's name, claim number and date of injury, employer's 1,211
name, the provider's name and address, the provider's assigned 1,212
payee number, a description of the equipment, materials, goods, 1,213
supplies, or services provided by the provider to the claimant, 1,214
the date provided, and the amount of the charge. If more than 1,215
one item of equipment, materials, goods, supplies, or services is 1,216
listed by a provider on a single application for payment, each 1,217
item shall be considered separately in determining if it is a 1,218
proper invoice. 1,219
If prior to a final adjudication the bureau determines that 1,221
the invoice contains a defect, the bureau shall notify the 1,222
provider in writing at least fifteen days prior to what would be 1,223
the required payment date if the invoice did not contain a 1,224
defect. The notice shall contain a description of the defect and 1,225
any additional information necessary to correct the defect. If 1,226
the bureau sends a notification to the provider, the required 1,227
payment date shall be redetermined in accordance with this 1,228
division after the bureau receives a proper invoice. 1,229
30
For purposes of this division, "final adjudication" means 1,231
the later of the date of the decision or other action by the 1,232
bureau, the industrial commission, or a court allowing payment of 1,233
the award to the employee from which there is no further right to 1,234
reconsideration or appeal that would require the bureau to 1,235
withhold compensation and benefits, or the date on which the 1,236
rights to reconsideration or appeal have expired without an 1,237
application therefor having been filed or, if later, the date on 1,238
which an application for reconsideration or appeal is withdrawn. 1,239
If after final adjudication, the administrator of the bureau of 1,240
workers' compensation or the industrial commission makes a 1,241
modification with respect to former findings or orders, pursuant 1,242
to Chapter 4123., 4127., or 4131. of the Revised Code or pursuant 1,243
to court order, the adjudication process shall no longer be 1,244
considered final for purposes of determining the required payment 1,245
date for invoices for equipment, materials, goods, supplies, or 1,246
services provided after the date of the modification when the 1,247
propriety of the invoices is affected by the modification. 1,248
(E) The interest charge on amounts due shall be paid to 1,250
the person for the period beginning on the day after the required 1,251
payment date and ending on the day that payment of the amount due 1,252
is made. The amount of the interest charge that remains unpaid 1,253
at the end of any thirty-day period after the required payment 1,254
date, including amounts under ten dollars, shall be added to the 1,255
principal amount of the debt and thereafter the interest charge 1,256
shall accrue on the principal amount of the debt plus the added 1,257
interest charge. The interest charge shall be at the rate per 1,258
calendar month that equals one-twelfth of the rate per annum 1,259
prescribed by section 5703.47 of the Revised Code for the 1,260
calendar year that includes the month for which the interest 1,261
charge accrues. 1,262
(F) No appropriations shall be made for the payment of any 1,264
interest charges required by this section. Any state agency 1,265
required to pay interest charges under this section shall make 1,266
31
the payments from moneys available for the administration of 1,267
agency programs. 1,268
If a state agency pays interest charges under this section, 1,270
but determines that all or part of the interest charges should 1,271
have been paid by another state agency, the state agency that 1,272
paid the interest charges may request the attorney general to 1,273
determine the amount of the interest charges that each state 1,274
agency should have paid under this section. If the attorney 1,275
general determines that the state agency that paid the interest 1,276
charges should have paid none or only a part of the interest 1,277
charges, the attorney general shall notify the state agency that 1,278
paid the interest charges, any other state agency that should 1,279
have paid all or part of the interest charges, and the director 1,280
of budget and management of the attorney general's decision, 1,281
stating the amount of interest charges that each state agency 1,283
should have paid. The director shall transfer from the 1,284
appropriate funds of any other state agency that should have paid 1,285
all or part of the interest charges to the appropriate funds of 1,286
the state agency that paid the interest charges an amount 1,287
necessary to implement the attorney general's decision. 1,288
(G) Not later than forty-five days after the end of each 1,290
fiscal year, each state agency shall file with the director of 1,291
budget and management a detailed report concerning the interest 1,292
charges the agency paid under this section during the previous 1,293
fiscal year. The report shall include the number, amounts, and 1,294
frequency of interest charges the agency incurred during the 1,295
previous fiscal year and the reasons why the interest charges 1,296
were not avoided by payment prior to the required payment date. 1,297
The director shall compile a summary of all the reports submitted 1,298
under this division and shall submit a copy of the summary to the 1,299
president and minority leader of the senate and to the speaker 1,300
and minority leader of the house of representatives no later than 1,301
the thirtieth day of September of each year. 1,302
Sec. 127.16. (A) Upon the request of either a state 1,311
32
agency or the director of budget and management and after the 1,312
controlling board determines that an emergency or a sufficient 1,313
economic reason exists, the controlling board may approve the 1,315
making of a purchase without competitive selection as provided in
division (B) of this section. 1,316
(B) Except as otherwise provided in this section, no state 1,318
agency, using money that has been appropriated to it directly, 1,319
shall: 1,320
(1) Make any purchase from a particular supplier, that 1,322
would amount to fifty thousand dollars or more when combined with 1,323
both the amount of all disbursements to the supplier during the 1,324
fiscal year for purchases made by the agency and the amount of 1,325
all outstanding encumbrances for purchases made by the agency 1,326
from the supplier, unless the purchase is made by competitive 1,327
selection or with the approval of the controlling board; 1,328
(2) Lease real estate from a particular supplier, if the 1,330
lease would amount to seventy-five thousand dollars or more when 1,331
combined with both the amount of all disbursements to the 1,332
supplier during the fiscal year for real estate leases made by 1,333
the agency and the amount of all outstanding encumbrances for 1,334
real estate leases made by the agency from the supplier, unless 1,335
the lease is made by competitive selection or with the approval 1,336
of the controlling board. 1,337
(C) Any person who authorizes a purchase in violation of 1,339
division (B) of this section shall be liable to the state for any 1,340
state funds spent on the purchase, and the attorney general shall 1,341
collect the amount from the person. 1,342
(D) Nothing in division (B) of this section shall be 1,344
construed as: 1,345
(1) A limitation upon the authority of the director of 1,347
transportation as granted in sections 5501.17, 5517.02, and 1,348
5525.14 of the Revised Code; 1,349
(2) Applying to medicaid provider agreements under Chapter 1,351
5111. of the Revised Code or payments or provider agreements 1,354
33
under disability assistance medical assistance established under 1,355
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,357
supplier by a state licensing board under Title XLVII of the 1,358
Revised Code; 1,359
(4) Applying to entertainment contracts for the Ohio state 1,361
fair entered into by the Ohio expositions commission, provided 1,362
that the controlling board has given its approval to the 1,363
commission to enter into such contracts and has approved a total 1,364
budget amount for such contracts as agreed upon by commission 1,365
action, and that the commission causes to be kept itemized 1,366
records of the amounts of money spent under each contract and 1,367
annually files those records with the clerk of the house of 1,369
representatives and the clerk of the senate following the close 1,370
of the fair;
(5) Limiting the authority of the chief of the division of 1,372
mines and reclamation to contract for reclamation work with an 1,373
operator mining adjacent land as provided in section 1513.27 of 1,374
the Revised Code; 1,375
(6) Applying to investment transactions and procedures of 1,377
any state agency, except that the agency shall file with the 1,378
board the name of any person with whom the agency contracts to 1,379
make, broker, service, or otherwise manage its investments, as 1,380
well as the commission, rate, or schedule of charges of such 1,381
person with respect to any investment transactions to be 1,382
undertaken on behalf of the agency. The filing shall be in a 1,383
form and at such times as the board considers appropriate. 1,384
(7) Applying to purchases made with money for the per cent 1,386
for arts program established by section 3379.10 of the Revised 1,387
Code; 1,388
(8) Applying to purchases made by the rehabilitation 1,390
services commission of services, or supplies, that are provided 1,391
to persons with disabilities, or to purchases made by the 1,392
commission in connection with the eligibility determinations it 1,393
34
makes for applicants of programs administered by the social 1,394
security administration; 1,395
(9) Applying to payments by the department of human JOB 1,397
AND FAMILY services under section 5111.13 of the Revised Code for 1,399
group health plan premiums, deductibles, coinsurance, and other 1,400
cost-sharing expenses; 1,401
(10) Applying to any agency of the legislative branch of 1,403
the state government; 1,404
(11) Applying to agreements OR CONTRACTS entered into 1,406
under section 5101.11, 5101.21, or 5101.211 of the Revised Code; 1,407
(12) Applying to purchases of services by the adult parole 1,409
authority under section 2967.14 of the Revised Code or by the 1,410
department of youth services under section 5139.08 of the Revised 1,411
Code; 1,412
(13) Applying to dues or fees paid for membership in an 1,414
organization or association; 1,415
(14) Applying to purchases of utility services pursuant to 1,417
section 9.30 of the Revised Code; 1,418
(15) Applying to purchases made in accordance with rules 1,420
adopted by the department of administrative services of motor 1,421
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,422
such vehicles; 1,423
(16) Applying to purchases of tickets for passenger air 1,425
transportation; 1,426
(17) Applying to purchases necessary to provide public 1,428
notifications required by law or to provide notifications of job 1,429
openings; 1,430
(18) Applying to the judicial branch of state government; 1,432
(19) Applying to purchases of liquor for resale by the 1,434
department or, on and after July 1, 1997, the division of liquor 1,435
control;
(20) Applying to purchases of motor courier and freight 1,437
services made in accordance with department of administrative 1,438
services rules; 1,439
35
(21) Applying to purchases from the United States postal 1,441
service and purchases of stamps and postal meter replenishment 1,442
from vendors at rates established by the United States postal 1,443
service; 1,444
(22) Applying to purchases of books, periodicals, 1,446
pamphlets, newspapers, maintenance subscriptions, and other 1,447
published materials; 1,448
(23) Applying to purchases from other state agencies, 1,450
including state-assisted institutions of higher education; 1,451
(24) Limiting the authority of the director of 1,453
environmental protection to enter into contracts under division 1,454
(D) of section 3745.14 of the Revised Code to conduct compliance 1,455
reviews, as defined in division (A) of that section; 1,456
(25) Applying to purchases from a qualified nonprofit 1,458
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,459
Code; 1,460
(26) Applying to payments by the department of human JOB 1,462
AND FAMILY services to the United States department of health and 1,464
human services for printing and mailing notices pertaining to the 1,465
tax refund offset program of the internal revenue service of the 1,466
United States department of the treasury; 1,467
(27) Applying to contracts entered into by the department 1,469
of mental retardation and developmental disabilities under 1,470
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,471
(28) Applying to payments made by the department of mental 1,473
health under a physician recruitment program authorized by 1,474
section 5119.101 of the Revised Code; 1,475
(29) Applying to contracts entered into with persons by 1,477
the director of commerce for unclaimed funds collection and 1,478
remittance efforts as provided in division (F) of section 169.03 1,480
of the Revised Code. The director shall keep an itemized 1,483
accounting of unclaimed funds collected by those persons and 1,484
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 1,486
36
higher education in accordance with the terms of a contract 1,488
between the vendor and an inter-university purchasing group 1,489
comprised of purchasing officers of state institutions of higher 1,490
education;
(31) Applying to the department of human JOB AND FAMILY 1,492
services' purchases of health assistance services under the 1,494
children's health insurance program part I provided for under 1,495
section 5101.50 of the Revised Code or the children's health 1,496
insurance program part II provided for under section 5101.51 of 1,498
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 1,500
cumulative purchase threshold shall be seventy-five thousand 1,501
dollars for the departments of mental retardation and 1,502
developmental disabilities, mental health, rehabilitation and 1,503
correction, and youth services. 1,504
(F) When determining whether a state agency has reached 1,506
the cumulative purchase thresholds established in divisions 1,507
(B)(1), (B)(2), and (E) of this section, all of the following 1,508
purchases by such agency shall not be considered: 1,509
(1) Purchases made through competitive selection or with 1,511
controlling board approval; 1,512
(2) Purchases listed in division (D) of this section; 1,514
(3) For the purposes of the thresholds of divisions (B)(1) 1,516
and (E) of this section only, leases of real estate. 1,517
(G) As used in this section, "competitive selection," 1,520
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code. 1,521
Sec. 149.01. Each elective state officer, the adjutant 1,530
general, the adult parole authority, the department of 1,531
agriculture, the director of administrative services, the public 1,532
utilities commission, the superintendent of insurance, the 1,533
superintendent of financial institutions, the superintendent of 1,535
purchases and printing, the state commissioner of soldiers' 1,537
claims, the fire marshal, the industrial commission, the 1,538
37
administrator of workers' compensation, the state department of 1,539
transportation, the department of health, the state medical 1,540
board, the state dental board, the board of embalmers and funeral 1,541
directors, the department of human services, the Ohio commission 1,542
for the blind, the accountancy board of Ohio, the state council 1,543
of uniform state laws, the board of commissioners of the sinking 1,545
fund, the department of taxation, the board of tax appeals, the 1,546
clerk of the supreme court, the division of liquor control, the 1,547
director of state armories, the trustees of the Ohio state 1,548
university, and every private or quasi-public institution, 1,549
association, board, or corporation receiving state money for its 1,550
use and purpose shall make annually, at the end of each fiscal 1,551
year, in quadruplicate, a report of the transactions and 1,552
proceedings of that office or department for that fiscal year, 1,553
excepting receipts and disbursements unless otherwise 1,554
specifically required by law. The report shall contain a summary 1,556
of the official acts of the officer, board, council, commission, 1,557
institution, association, or corporation and any suggestions and 1,559
recommendations that are proper. On the first day of August of 1,561
each year, one of the reports shall be filed with the governor, 1,563
one with the secretary of state, and one with the state library, 1,564
and one shall be kept on file in the office of the officer, 1,565
board, council, commission, institution, association, or 1,567
corporation.
Sec. 153.06. After the proceedings required by sections 1,576
153.01 and 153.04 of the Revised Code have been complied with, 1,577
the owner referred to in section 153.01 of the Revised Code shall 1,578
give public notice of the time and place when and where bids will 1,581
be received for performing the labor and furnishing the materials 1,582
of such construction, improvement, alteration, addition, or 1,583
installation, and a contract awarded, except for materials 1,584
manufactured by the state or labor supplied by the A COUNTY 1,585
department of human JOB AND FAMILY services that may enter into 1,586
the same. The form of bid approved by the department of 1,587
38
administrative services shall be used, and a bid shall be invalid 1,588
and not considered unless such form is used without change, 1,589
alteration, or addition. Bidders may be permitted to bid upon 1,590
all the branches of work and materials to be furnished and 1,591
supplied, or upon any thereof, or alternately upon all or any 1,592
thereof.
Sec. 307.86. Anything to be purchased, leased, leased with 1,603
an option or agreement to purchase, or constructed, including, 1,604
but not limited to, any product, structure, construction, 1,605
reconstruction, improvement, maintenance, repair, or service, 1,606
except the services of an accountant, architect, attorney at law, 1,607
physician, professional engineer, construction project manager, 1,608
consultant, surveyor, or appraiser, by or on behalf of the county 1,609
or contracting authority, as defined in section 307.92 of the 1,610
Revised Code, at a cost in excess of fifteen thousand dollars, 1,611
except as otherwise provided in division (D) of section 713.23 1,612
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 1,613
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 1,614
5713.01, and 6137.05 of the Revised Code, shall be obtained 1,615
through competitive bidding. However, competitive bidding is not 1,616
required when any of the following applies: 1,617
(A) The board of county commissioners, by a unanimous vote 1,619
of its members, makes a determination that a real and present 1,620
emergency exists, and that determination and the reasons for it 1,622
are entered in the minutes of the proceedings of the board, when 1,623
either of the following applies: 1,624
(1) The estimated cost is less than fifty thousand 1,626
dollars. 1,627
(2) There is actual physical disaster to structures, radio 1,629
communications equipment, or computers. 1,630
For purposes of this division, "unanimous vote" means all 1,632
three members of a board of county commissioners when all three 1,633
members are present, or two members of the board if only two 1,634
members, constituting a quorum, are present.
39
Whenever a contract of purchase, lease, or construction is 1,636
exempted from competitive bidding under division (A)(1) of this 1,637
section because the estimated cost is less than fifty thousand 1,638
dollars, but the estimated cost is fifteen thousand dollars or 1,639
more, the county or contracting authority shall solicit informal 1,640
estimates from no fewer than three persons who could perform the 1,641
contract, before awarding the contract. With regard to each such 1,642
contract, the county or contracting authority shall maintain a 1,643
record of such estimates, including the name of each person from 1,644
whom an estimate is solicited,. THE COUNTY OR CONTRACTING 1,645
AUTHORITY SHALL MAINTAIN THE RECORD for no less than THE LONGER 1,646
OF AT LEAST one year after the contract is awarded OR THE AMOUNT 1,648
OF TIME THE FEDERAL GOVERNMENT REQUIRES. 1,649
(B) The purchase consists of supplies or a replacement or 1,651
supplemental part or parts for a product or equipment owned or 1,652
leased by the county, and the only source of supply for the 1,653
supplies, part, or parts is limited to a single supplier. 1,654
(C) The purchase is from the federal government, the 1,656
state, another county or contracting authority of another county, 1,657
or a board of education, township, or municipal corporation. 1,658
(D) Public social FAMILY services OR WORKFORCE DEVELOPMENT 1,660
ACTIVITIES are purchased for provision by the county department 1,662
of human JOB AND FAMILY services under section 329.04 of the 1,664
Revised Code, or program services, such as direct and ancillary 1,665
client services, child day-care, case management services, 1,666
residential services, and family resource services, are purchased 1,667
for provision by a county board of mental retardation and 1,668
developmental disabilities under section 5126.05 of the Revised 1,669
Code.
(E) The purchase consists of human and social FAMILY 1,671
services OR WORKFORCE DEVELOPMENT ACTIVITIES by the board of 1,673
county commissioners from nonprofit corporations or associations 1,674
under programs that ARE funded entirely by the federal 1,675
government.
40
(F) The purchase consists of any form of an insurance 1,677
policy or contract authorized to be issued under Title XXXIX of 1,678
the Revised Code or any form of health care plan authorized to be 1,680
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 1,682
contracting authority is authorized to purchase, and the 1,683
contracting authority does all of the following: 1,684
(1) Determines that compliance with the requirements of 1,686
this section would increase, rather than decrease, the cost of 1,687
such purchase; 1,688
(2) Employs a competent consultant to assist the 1,690
contracting authority in procuring appropriate coverages at the 1,691
best and lowest prices; 1,692
(3) Requests issuers of such policies, contracts, or plans 1,694
to submit proposals to the contracting authority, in a form 1,695
prescribed by the contracting authority, setting forth the 1,696
coverage and cost of such policies, contracts, or plans as the 1,697
contracting authority desires to purchase; 1,698
(4) Negotiates with such issuers for the purpose of 1,700
purchasing such policies, contracts, or plans at the best and 1,701
lowest price reasonably possible. 1,702
(G) The purchase consists of computer hardware, software, 1,704
or consulting services that are necessary to implement a 1,705
computerized case management automation project administered by 1,706
the Ohio prosecuting attorneys association and funded by a grant 1,707
from the federal government. 1,708
(H) Child day-care services are purchased for provision to 1,710
county employees. 1,711
(I)(1) Property, including land, buildings, and other real 1,713
property, is leased for offices, storage, parking, or other 1,714
purposes, and all of the following apply: 1,715
(a) The contracting authority is authorized by the Revised 1,717
Code to lease the property. 1,718
(b) The contracting authority develops requests for 1,720
41
proposals for leasing the property, specifying the criteria that 1,721
will be considered prior to leasing the property, including the 1,722
desired size and geographic location of the property. 1,723
(c) The contracting authority receives responses from 1,725
prospective lessors with property meeting the criteria specified 1,726
in the requests for proposals by giving notice in a manner 1,727
substantially similar to the procedures established for giving 1,728
notice under section 307.87 of the Revised Code. 1,729
(d) The contracting authority negotiates with the 1,731
prospective lessors to obtain a lease at the best and lowest 1,732
price reasonably possible considering the fair market value of 1,733
the property and any relocation and operational costs that may be 1,734
incurred during the period the lease is in effect. 1,735
(2) The contracting authority may use the services of a 1,737
real estate appraiser to obtain advice, consultations, or other 1,738
recommendations regarding the lease of property under this 1,739
division. 1,740
(J) The purchase is made pursuant to section 5139.34 or 1,742
sections 5139.41 to 5139.46 of the Revised Code and is of 1,743
programs or services that provide case management, treatment, or 1,745
prevention services to any felony or misdemeanant delinquent, 1,746
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, community 1,747
residential care, day treatment, services to children in their 1,748
home, or electronic monitoring. 1,749
(K) The purchase is made by a public children services 1,751
agency pursuant to section 307.92 or 5153.16 of the Revised Code 1,752
and consists of social FAMILY services, programs, or ancillary 1,754
services that provide case management, prevention, or treatment 1,755
services for children at risk of being or alleged to be abused,
neglected, or dependent children. 1,756
Any issuer of policies, contracts, or plans listed in 1,758
division (F) of this section and any prospective lessor under 1,759
division (I) of this section may have the issuer's or prospective 1,760
42
lessor's contractor's name and address, or the name and address 1,761
of an agent, placed on a special notification list to be kept by 1,763
the contracting authority, by sending the contracting authority 1,764
such name and address. The contracting authority shall send 1,765
notice to all persons listed on the special notification list. 1,766
Notices shall state the deadline and place for submitting 1,767
proposals. The contracting authority shall mail the notices at 1,768
least six weeks prior to the deadline set by the contracting 1,769
authority for submitting proposals. Every five years the 1,770
contracting authority may review this list and remove any person 1,771
from the list after mailing the person notification of such 1,772
action.
Any contracting authority that negotiates a contract under 1,774
division (F) of this section shall request proposals and 1,775
renegotiate with issuers in accordance with that division at 1,776
least every three years from the date of the signing of such a 1,777
contract. 1,778
Any consultant employed pursuant to division (F) of this 1,780
section and any real estate appraiser employed pursuant to 1,781
division (I) of this section shall disclose any fees or 1,782
compensation received from any source in connection with that 1,783
employment.
Sec. 307.981. (A)(1) As used in sections 307.981 to 1,793
307.987 of the Revised Code: 1,794
(1)(a) "County social service FAMILY SERVICES agency" 1,797
means all of the following: 1,798
(a)(i) A child support enforcement agency; 1,800
(b)(ii) A county department of human JOB AND FAMILY 1,803
services;
(c)(iii) A public children services agency. 1,805
(2) "Private entity" means any entity other than a 1,807
government entity. 1,808
(3)(b) "Social service FAMILY SERVICES duty" means a duty 1,811
state law requires or allows a county social service FAMILY 1,812
43
SERVICES agency to assume. 1,813
(2) AS USED IN SECTIONS 307.981 TO 307.989 OF THE REVISED 1,815
CODE, "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT 1,816
ENTITY.
(B) To the extent permitted by federal law, INCLUDING 1,818
SUBPART F OF 5 C.F.R. PART 900, and except as provided in SUBJECT 1,821
TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, INCLUDING 1,822
division (C)(H) of this section, a board of county commissioners 1,824
may designate any private or government entity WITHIN THIS STATE 1,825
to serve as a ANY OF THE FOLLOWING:
(1) A child support enforcement agency,; 1,827
(2) A county department of human JOB AND FAMILY services,; 1,830
(3) A public children services agency, two; 1,833
(4) A COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AND ONE 1,835
OTHER of those county social service FAMILY SERVICES agencies, or 1,837
all;
(5) ALL three of those county social service FAMILY 1,840
SERVICES agencies;
(6) A WORKFORCE DEVELOPMENT AGENCY; 1,842
(7) A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT 1,844
OF JOB AND FAMILY SERVICES; 1,845
(8) A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT 1,846
OF JOB AND FAMILY SERVICES AND ONE OR TWO OF THE OTHER COUNTY 1,847
FAMILY SERVICES AGENCIES. A 1,848
(C) A board OF COUNTY COMMISSIONERS may change its THE 1,851
designation IT MAKES UNDER DIVISION (B) OF THIS SECTION by 1,852
designating another private or government entity. Not 1,854
(D) IF THE DIRECTOR OF JOB AND FAMILY SERVICES DETERMINES 1,856
THAT A DESIGNATION UNDER DIVISION (B) OR (C) OF THIS SECTION 1,857
CONSTITUTES A SUBSTANTIAL CHANGE FROM WHAT IS IN THE CURRENT 1,859
PARTNERSHIP AGREEMENT BETWEEN THE DIRECTOR AND BOARD OF COUNTY 1,860
COMMISSIONERS UNDER SECTION 5101.21 OF THE REVISED CODE, THE 1,861
DIRECTOR MAY REQUIRE THAT THE DIRECTOR AND BOARD AMEND THE 1,862
PARTNERSHIP AGREEMENT AND THAT THE BOARD PROVIDE THE DIRECTOR 1,863
44
ASSURANCES THAT THE NEWLY DESIGNATED PRIVATE OR GOVERNMENT ENTITY 1,864
WILL MEET OR EXCEED ALL REQUIREMENTS OF THE FAMILY SERVICES 1,865
DUTIES OR WORKFORCE DEVELOPMENT ACTIVITIES THE ENTITY IS TO 1,866
ASSUME.
(E) NOT less than sixty days before a board OF COUNTY 1,869
COMMISSIONERS designates an entity under DIVISION (B) OR (C) OF 1,871
this section, the board shall notify the state department 1,872
DIRECTOR of human JOB AND FAMILY services and publish notice in a 1,873
newspaper of general circulation in the county of the board's 1,875
intention to make the designation and reasons for the 1,876
designation.
(F) A board of county commissioners shall enter into a 1,878
written contract with each entity it designates under DIVISION 1,879
(B) OR (C) OF this section specifying the entity's 1,881
responsibilities and standards the entity is required to meet. 1,882
(G) This section does not require a board of county 1,884
commissioners to abolish the child support enforcement agency, 1,885
county department of human JOB AND FAMILY services, or public 1,886
children services agency serving the county on the effective date 1,888
of this section OCTOBER 1, 1997, and designate a different 1,889
private or government entity to serve as the county's child 1,891
support enforcement agency, county department of human JOB AND 1,892
FAMILY services, or public children services agency. 1,894
(C)(H) If a county children services board appointed under 1,897
section 5153.03 of the Revised Code serves as a public children 1,900
services agency for a county, the board of county commissioners 1,901
may not redesignate the public children services agency unless 1,902
the board of county commissioners does all of the following: 1,903
(1) Notifies the county children services board of its 1,905
intent to redesignate the public children services agency. In 1,906
its notification, the board of county commissioners shall provide 1,907
the county children services board a written explanation of the 1,908
administrative, fiscal, or performance considerations causing the 1,909
board of county commissioners to seek to redesignate the public 1,910
45
children services agency.
(2) Provides the county children services board an 1,912
opportunity to comment on the proposed redesignation before the 1,913
redesignation occurs; 1,914
(3) If the county children services board, not more than 1,916
sixty days after receiving the notice under division (C)(H)(1) of 1,918
this section, notifies the board of county commissioners that the 1,919
county children services board has voted to oppose the 1,920
redesignation, votes unanimously to proceed with the 1,921
redesignation.
Sec. 307.982. (A) To the extent permitted by federal law, 1,930
INCLUDING SUBPART F OF 5 C.F.R. PART 900, and except as provided 1,933
in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, 1,934
INCLUDING division (B) of this section, a board of county 1,936
commissioners may enter into a written contract with a private or 1,937
government entity, including a public or private college or
university whether or not the college or university is located 1,938
within the county, for the entity to perform a social service 1,940
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT ACTIVITY on behalf 1,941
of a county social service FAMILY SERVICES agency OR WORKFORCE 1,943
DEVELOPMENT AGENCY. THE ENTITY WITH WHICH A BOARD CONTRACTS IS 1,944
NOT REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.
(B) A board of county commissioners may not enter into a 1,947
contract under division (A) of this section regarding a social 1,949
service FAMILY SERVICES duty of a public children services agency 1,950
if a county children services board appointed under section 1,951
5153.03 of the Revised Code serves as the public children 1,954
services agency for the county. The county children services 1,955
board may enter into contracts regarding its duties in accordance 1,956
with division (C)(2) of section 5153.16 of the Revised Code. 1,957
Sec. 307.983. Each board of county commissioners shall 1,967
enter into a written plan of cooperation with the county social 1,968
service FAMILY SERVICES agencies AND WORKFORCE DEVELOPMENT AGENCY 1,969
serving the county to enhance the administration of the Ohio 1,971
46
works first program established under Chapter 5107. of the 1,972
Revised Code; the prevention, retention, and contingency program 1,974
established under Chapter 5108. of the Revised Code; and other 1,975
social service FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 1,977
ACTIVITIES the board and agencies agree to include in the plan. 1,978
Other government entities may be included in a plan of 1,979
cooperation. The plan shall specify how the county social 1,980
service FAMILY SERVICES agencies, WORKFORCE DEVELOPMENT AGENCY, 1,981
and other government entities included in the plan are to 1,983
exchange information and coordinate and enhance services and 1,984
assistance to individuals and families.
Sec. 307.984. (A) TO ENHANCE THE ADMINISTRATION, 1,986
DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES DUTIES AND 1,987
WORKFORCE DEVELOPMENT ACTIVITIES, A BOARD OF COUNTY COMMISSIONERS
MAY ENTER INTO ONE OR MORE REGIONAL PLANS OF COOPERATION WITH THE 1,988
FOLLOWING:
(1) ONE OR MORE OTHER BOARDS OF COUNTY COMMISSIONERS; 1,990
(2) THE CHIEF ELECTED OFFICIAL OF ONE OR MORE MUNICIPAL 1,992
CORPORATIONS THAT ARE THE TYPE OF LOCAL AREA DEFINED IN DIVISION 1,993
(A)(1) OF SECTION 6301.01 OF THE REVISED CODE; 1,995
(3) BOTH BOARDS OF COUNTY COMMISSIONERS AND SUCH CHIEF 1,997
ELECTED OFFICIALS. 1,998
(B) A REGIONAL PLAN OF COOPERATION MUST SPECIFY HOW THE 2,000
PRIVATE AND GOVERNMENT ENTITIES INCLUDED IN THE PLAN WILL 2,001
COORDINATE AND ENHANCE THE ADMINISTRATION, DELIVERY, AND 2,002
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 2,003
ACTIVITIES.
Sec. 307.984 307.985. Each board of county commissioners 2,013
shall develop a written transportation work plan that establishes 2,014
policies regarding the transportation needs of low income 2,015
residents of the county seeking or striving to retain employment. 2,016
In developing the transportation work plan, the board shall 2,018
consult with all of the following:
(A) The county department of human JOB AND FAMILY 2,020
47
services; 2,021
(B) If a regional transit authority created under section 2,024
306.32 of the Revised Code serves the county, the regional 2,025
transit authority; 2,026
(C) If a community action agency, as defined in section 2,029
122.66 of the Revised Code, serves the county, the community 2,030
action agency; 2,031
(D) As designated by the board of county commissioners, 2,034
representatives of private non-profit and government entities 2,035
that work with issues related to economic development,
employment, and persons with physical disabilities; 2,036
(E) Other individuals designated by the board of county 2,039
commissioners.
Sec. 307.985 307.986. Each board of county commissioners 2,048
shall establish procedures for providing services to children in 2,050
the county whose families relocate frequently, causing the 2,051
children to transfer to different schools throughout the year. 2,052
The board shall establish the procedures with the county 2,053
department of human JOB AND FAMILY services and either each board 2,054
of education of school districts with territory in the county or 2,056
the education service center or joint educational service center 2,057
serving the county. 2,058
Sec. 307.986 307.987. To the extent federal statutes and 2,068
regulations and state law permit, a partnership agreement entered 2,070
into under section 307.98, a contract entered into under section 2,072
307.981 or 307.982, a plan of cooperation entered into under 2,073
section 307.983, A REGIONAL PLAN OF COOPERATION ENTERED INTO 2,074
UNDER SECTION 307.984, a transportation work plan developed under 2,076
section 307.984 307.985, and procedures established under section 2,078
307.985 307.986 of the Revised Code shall permit the exchange of 2,079
information needed to improve services and assistance to
individuals and families and the protection of children. A 2,080
private or government entity that receives information pursuant 2,081
to an agreement, contract, plan, or procedures is bound by the 2,082
48
same standards of confidentiality as the entity that provides the 2,084
information.
An agreement, contract, plan, or procedures shall: 2,087
(A) Be coordinated and not conflict with another 2,089
agreement, contract, plan, or procedures or an agreement entered 2,090
into under section 329.05 of the Revised Code; 2,092
(B) Prohibit discrimination in hiring and promotion 2,094
against applicants for and participants of the Ohio works first 2,096
program established under Chapter 5107. of the Revised Code and 2,098
the prevention, retention, and contingency program established 2,100
under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and state 2,103
law;
(D) Be adopted by resolution of a board of county 2,105
commissioners; 2,106
(E) Specify how the agreement, contract, plan, or 2,108
procedures may be amended. 2,109
Sec. 307.987 307.988. If a board of county commissioners 2,118
contracts with a religious organization under section 307.981 or 2,120
307.982 of the Revised Code, the religious organization shall 2,122
comply with section 104 of the Personal Responsibility and Work 2,123
Opportunity and Reconciliation Act of 1996 (P.L. 104-193). 2,124
Sec. 329.011. Whenever the county department of welfare 2,134
or, COUNTY DEPARTMENT OF HUMAN SERVICES, county director of 2,135
welfare, OR COUNTY DIRECTOR OF HUMAN SERVICES is referred to or 2,136
designated in THE REVISED CODE OR any rule, contract, or other 2,137
document, the reference or designation shall be deemed to refer 2,138
to the county department of human JOB AND FAMILY services or 2,139
county director of human JOB AND FAMILY services, as the case may 2,141
be.
Sec. 329.04. (A) The county department of human JOB AND 2,150
FAMILY services shall have, exercise, and perform the following 2,152
powers and duties:
(1) Perform any duties assigned by the STATE department of 2,155
49
human JOB AND FAMILY services regarding the provision of public 2,156
social FAMILY services, including the provision of the following 2,157
services to prevent or reduce economic or personal dependency and 2,159
to strengthen family life:
(a) Services authorized by Title IV-A of the "Social 2,161
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 2,163
and known in this state as the Ohio works first program 2,164
established by Chapter 5107. of the Revised Code and the 2,165
prevention, retention, and contingency program established under 2,166
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 2,169
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 2,171
support enforcement agency, services authorized by Title IV-D of 2,172
the "Social Security Act" and provided for by sections 2301.34 to 2,174
2301.44 of the Revised Code. The county department may perform 2,176
the services itself or contract with other government entities, 2,177
and, pursuant to division (C) of section 2301.35 and section 2,178
2301.42 of the Revised Code, private entities, to perform the 2,179
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 2,181
of the Revised Code as required by the state department of human 2,182
JOB AND FAMILY services; 2,183
(3) Administer burials insofar as the administration of 2,185
burials was, prior to September 12, 1947, imposed upon the board 2,186
of county commissioners and if otherwise required by state law; 2,187
(4) Cooperate with state and federal authorities in any 2,189
matter relating to human FAMILY services and to act as the agent 2,190
of such authorities; 2,191
(5) Submit an annual account of its work and expenses to 2,194
the board of county commissioners and to the STATE department of 2,195
human JOB AND FAMILY services at the close of each fiscal year; 2,196
(6) Exercise any powers and duties relating to human 2,199
50
FAMILY services OR WORKFORCE DEVELOPMENT ACTIVITIES imposed upon 2,200
the county department of human JOB AND FAMILY services by law, by 2,202
resolution of the board of county commissioners, or by order of 2,203
the governor, when authorized by law, to meet emergencies during 2,204
war or peace;
(7) Determine the eligibility for medical assistance of 2,206
recipients of aid under Title XVI of the "Social Security Act"; 2,207
(8) If assigned by the STATE director of human JOB AND 2,209
FAMILY services under section 5101.515 of the Revised Code, 2,211
determine applicants' eligibility for health assistance under the 2,212
children's health insurance program part II; 2,213
(9) Enter into a plan of cooperation with the board of 2,215
county commissioners under section 307.983, consult with the 2,217
board in the development of the transportation work plan
developed under section 307.984 307.985, establish with the board 2,218
procedures under section 307.985 307.986 for providing services 2,220
to children whose families relocate frequently, and comply with 2,221
the partnership agreement the board enters into under section
307.98 and contracts the board enters into under sections 307.981 2,223
and 307.982 of the Revised Code that affect the county 2,224
department;
(10) FOR THE PURPOSE OF COMPLYING WITH A PARTNERSHIP 2,226
AGREEMENT THE BOARD OF COUNTY COMMISSIONERS ENTERS INTO UNDER 2,227
SECTION 307.98 OF THE REVISED CODE, EXERCISE THE POWERS AND 2,228
PERFORM THE DUTIES THE PARTNERSHIP AGREEMENT ASSIGNS TO THE
COUNTY DEPARTMENT; 2,229
(11) IF THE COUNTY DEPARTMENT IS DESIGNATED AS THE 2,231
WORKFORCE DEVELOPMENT AGENCY, PROVIDE THE WORKFORCE DEVELOPMENT 2,232
ACTIVITIES SPECIFIED IN THE CONTRACT REQUIRED BY SECTION 330.05 2,233
OF THE REVISED CODE.
(B) The powers and duties of a county department of human 2,235
JOB AND FAMILY services are, and shall be exercised and 2,237
performed, under the control and direction of the board of county 2,238
commissioners. The board may assign to the county department any
51
power or duty of the board regarding human FAMILY services AND 2,240
WORKFORCE DEVELOPMENT ACTIVITIES. If the new power or duty
necessitates the state department of human JOB AND FAMILY 2,241
services changing its federal cost allocation plan, the county 2,243
department may not implement the power or duty unless the United 2,244
States department of health and human services approves the
changes. 2,245
Sec. 329.05. The county department of human JOB AND FAMILY 2,254
services may administer or assist in administering any state or 2,256
local human FAMILY services activity in addition to those 2,259
mentioned in section 329.04 of the Revised Code, supported wholly 2,260
or in part by public funds from any source provided by agreement 2,261
between the board of county commissioners and the officer, 2,262
department, board, or agency in which the administration of such 2,263
activity is vested. Such officer, department, board, or agency 2,264
may enter into such agreement and confer upon the county 2,265
department of human JOB AND FAMILY services, to the extent and in 2,267
particulars specified in the agreement, the performance of any 2,268
duties and the exercise of any powers imposed upon or vested in 2,269
such officer, board, department, or agency, with respect to the 2,270
administration of such activity. Such agreement shall be in the 2,271
form of a resolution of the board of county commissioners, 2,272
accepted in writing by the other party to the agreement, and 2,273
filed in the office of the county auditor, and when so filed, 2,274
shall have the effect of transferring the exercise of the powers 2,275
and duties to which the agreement relates and shall exempt the 2,276
other party from all further responsibility for the exercise of 2,277
the powers and duties so transferred, during the life of the 2,278
agreement.
Such agreement shall be coordinated and not conflict with a 2,280
partnership agreement entered into under section 307.98, a 2,281
contract entered into under section 307.981 or 307.982, A plan of 2,282
cooperation entered into under section 307.983, A REGIONAL PLAN 2,284
OF COOPERATION ENTERED INTO UNDER SECTION 307.984, a 2,285
52
transportation work plan developed under section 307.984 307.985, 2,287
or procedures for providing services to children whose families 2,289
relocate frequently established under section 307.985 307.986 of 2,290
the Revised Code. It may be revoked at the option of either 2,291
party, by a resolution or order of the revoking party filed in 2,292
the office of the auditor. Such revocation shall become 2,293
effective at the end of the fiscal year occurring at least six 2,294
months following the filing of the resolution or order. In the 2,295
absence of such an express revocation so filed, the agreement 2,296
shall continue indefinitely. 2,297
This section does not permit a county department of human 2,299
JOB AND FAMILY services to manage or control county or district 2,301
tuberculosis or other hospitals, humane societies, detention 2,302
homes, jails or probation departments of courts, or veterans 2,303
service commissions.
Sec. 329.06. (A) Except as provided in division (C) of 2,313
this section AND SECTION 6301.08 OF THE REVISED CODE, the board
of county commissioners shall establish a county human FAMILY 2,315
services planning committee. The board shall appoint a member to 2,316
represent the county department of human JOB AND FAMILY services; 2,317
an employee in the classified civil service of the county 2,319
department of human JOB AND FAMILY services, if there are any 2,320
such employees; and a member to represent the public. The board 2,321
shall appoint other individuals to the committee in such a manner 2,322
that the committee's membership is broadly representative of the 2,323
groups of individuals and the public and private entities that 2,324
have an interest in the social FAMILY services provided in the 2,325
county. The board shall make appointments in a manner that 2,327
reflects the ethnic and racial composition of the county. The 2,328
following groups and entities may be represented on the
committee: 2,329
(1) Consumers of social FAMILY services; 2,331
(2) The public children services agency; 2,333
(3) The child support enforcement agency; 2,335
53
(4) The county family and children first council; 2,337
(5) Public and private colleges and universities; 2,339
(6) Public entities that provide social FAMILY services, 2,341
including boards of health, boards of education, the county board 2,343
of mental retardation and developmental disabilities, and the 2,344
board of alcohol, drug addiction, and mental health services that 2,345
serves the county;
(7) Private nonprofit and for-profit entities that provide 2,348
social FAMILY services in the county or that advocate for 2,349
consumers of social FAMILY services in the county, including 2,350
entities that provide services to or advocate for victims of 2,352
domestic violence;
(8) Labor organizations; 2,354
(9) Any other group or entity that has an interest in the 2,356
social FAMILY services provided in the county, including groups 2,357
or entities that represent any of the county's business, urban, 2,359
and rural sectors. 2,360
(B) The county human FAMILY services planning committee 2,363
shall do all of the following: 2,364
(1) Serve as an advisory body to the board of county 2,366
commissioners with regard to the social FAMILY services provided 2,367
in the county, including assistance under Chapters 5107. and 2,370
5108. of the Revised Code, publicly funded child day-care under 2,373
Chapter 5104. of the Revised Code, and social services provided 2,376
under section 5101.46 of the Revised Code; 2,378
(2) At least once a year, review and analyze the county 2,380
department of human JOB AND FAMILY services' implementation of 2,381
the programs established under Chapters 5107. and 5108. of the 2,383
Revised Code. In its review, the committee shall use information 2,385
available to it to examine all of the following: 2,386
(a) Return of assistance groups to participation in either 2,389
program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants; 2,391
(c) The other types of assistance the programs' 2,393
54
participants receive, including medical assistance under Chapter 2,394
5111. of the Revised Code, publicly funded child day-care under 2,396
Chapter 5104. of the Revised Code, food stamp benefits under 2,398
section 5101.54 of the Revised Code, and energy assistance under 2,400
Chapter 5117. of the Revised Code; 2,401
(d) Other issues the committee considers appropriate. 2,403
The committee shall make recommendations to the board of 2,405
county commissioners and county department of human JOB AND 2,406
FAMILY services regarding the committee's findings. 2,408
(3) Provide comments and recommendations to the board 2,410
prior to the board's entering into or substantially amending a 2,411
partnership agreement with the director of human JOB AND FAMILY 2,414
services under section 307.98 of the Revised Code; 2,416
(4) Conduct public hearings on proposed county profiles 2,419
for the provision of social services under section 5101.46 of the 2,420
Revised Code; 2,422
(5) At the request of the board, make recommendations and 2,424
provide assistance regarding the social FAMILY services provided 2,425
in the county; 2,427
(6) At any other time the committee considers appropriate, 2,430
consult with the board and make recommendations regarding the 2,431
social FAMILY services provided in the county. The committee's 2,433
recommendations may address the following:
(a) Implementation and administration of social FAMILY 2,436
service programs;
(b) Use of federal, state, and local funds available for 2,439
social FAMILY service programs;
(c) Establishment of goals to be achieved by social FAMILY 2,442
service programs;
(d) Evaluation of the outcomes of social FAMILY service 2,445
programs;
(e) Any other matter the board considers relevant to the 2,448
provision of social FAMILY services.
(C) If there is a committee in existence in a county on 2,451
55
October 1, 1997, that the board of county commissioners 2,453
determines is capable of fulfilling the responsibilities of a 2,454
county human FAMILY services planning committee, the board may 2,456
designate the committee as the county's human FAMILY services 2,457
planning committee and the committee shall serve in that 2,459
capacity.
Sec. 329.061. WHEREVER A COUNTY HUMAN SERVICES PLANNING 2,461
COMMITTEE IS REFERRED TO OR DESIGNATED IN THE REVISED CODE OR ANY 2,462
RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR DESIGNATION 2,463
SHALL BE DEEMED TO REFER TO A COUNTY FAMILY SERVICES PLANNING 2,464
COMMITTEE.
Sec. 330.01. AS USED IN THIS CHAPTER: 2,466
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,468
GOVERNMENT ENTITY. 2,469
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,471
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,472
Sec. 330.02. A COUNTY THAT IS ELIGIBLE TO BE DESIGNATED AS 2,475
A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE "WORKFORCE 2,476
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 2,479
AMENDED, BUT DOES NOT REQUEST SUCH DESIGNATION, MAY ADMINISTER 2,480
AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH 2,481
CHAPTER 6301. OF THE REVISED CODE. A COUNTY THAT ELECTS TO 2,482
ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES UNDER 2,483
CHAPTER 6301. OF THE REVISED CODE SHALL NOT OPERATE AS A LOCAL 2,485
WORKFORCE INVESTMENT AREA PURSUANT TO THE WORKFORCE INVESTMENT 2,486
ACT.
Sec. 330.04. IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE 2,489
REVISED CODE, A COUNTY IS THE TYPE OF LOCAL AREA DEFINED IN 2,490
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE, THE BOARD 2,491
OF COUNTY COMMISSIONERS SERVING THE COUNTY SHALL ADOPT A 2,492
RESOLUTION ESTABLISHING OR DESIGNATING A WORKFORCE DEVELOPMENT
AGENCY TO PROVIDE WORKFORCE DEVELOPMENT ACTIVITIES FOR THE 2,494
COUNTY. THE BOARD SHALL ADOPT THE RESOLUTION NOT LATER THAN JULY 2,495
1, 2000.
56
THE BOARD MAY ESTABLISH OR DESIGNATE ANY OF THE FOLLOWING 2,497
AS THE WORKFORCE DEVELOPMENT AGENCY: 2,498
(A) THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES; 2,500
(B) A SEPARATE AGENCY UNDER THE DIRECT CONTROL OF THE 2,502
BOARD AND ADMINISTERED BY AN OFFICIAL APPOINTED BY THE BOARD; 2,503
(C) AN ENTITY SERVING THE COUNTY ON THE EFFECTIVE DATE OF 2,505
THIS SECTION IN A CAPACITY SIMILAR TO THE CAPACITY IN WHICH A 2,506
WORKFORCE DEVELOPMENT AGENCY IS TO SERVE THE COUNTY ON AND AFTER 2,507
THE EFFECTIVE DATE OF THIS SECTION; 2,508
(D) AN ENTITY LOCATED IN OR OUTSIDE THE COUNTY THAT 2,510
PROVIDES WORKFORCE DEVELOPMENT ACTIVITIES IN THE COUNTY ON THE 2,511
EFFECTIVE DATE OF THIS SECTION; 2,512
(E) ANY PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER 2,514
SECTION 307.981 OF THE REVISED CODE. 2,515
Sec. 330.05. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,517
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,518
COUNTY UNDER SECTION 330.04 OF THE REVISED CODE SHALL ENTER INTO 2,519
A CONTRACT WITH THE AGENCY. THE CONTRACT SHALL SPECIFY THE 2,520
WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY IS TO PROVIDE AND 2,521
ESTABLISH STANDARDS, INCLUDING PERFORMANCE STANDARDS, FOR THE 2,523
AGENCY'S OPERATION. THE CONTRACT ALSO SHALL INCLUDE ANY OTHER 2,524
PROVISIONS THE BOARD CONSIDERS NECESSARY.
Sec. 330.07. A BOARD OF COUNTY COMMISSIONERS THAT HAS 2,526
DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE 2,527
COUNTY UNDER SECTION 330.04 OF THE REVISED CODE MAY CONTRACT WITH 2,528
ANY GOVERNMENT OR PRIVATE ENTITY TO ENHANCE THE AGENCY'S 2,529
ADMINISTRATION OR THE WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY 2,530
PROVIDES. THE ENTITY WITH WHICH THE BOARD CONTRACTS IS NOT 2,531
REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES. 2,532
Sec. 763.01. AS USED IN THIS CHAPTER: 2,534
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A 2,536
GOVERNMENT ENTITY. 2,537
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING 2,539
AS IN SECTION 6301.01 OF THE REVISED CODE. 2,540
57
(C) "WORKFORCE INVESTMENT ACT" MEANS THE "WORKFORCE 2,544
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 2,548
AMENDED.
Sec. 763.02. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 2,550
CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY 2,551
DESIGNATION AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO 2,552
SECTION 116(a)(2) OR (3) OF THE WORKFORCE INVESTMENT ACT, 29 2,555
U.S.C.A. 2831(a)(2) OR (3), BUT DOES NOT REQUEST THAT THE 2,556
GOVERNOR GRANT THE AUTOMATIC OR TEMPORARY DESIGNATION MAY 2,558
ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN 2,559
ACCORDANCE WITH CHAPTER 6301. OF THE REVISED CODE. A MUNICIPAL 2,560
CORPORATION THAT ELECTS TO ADMINISTER AND ENFORCE WORKFORCE 2,561
DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH CHAPTER 6301. OF THE 2,563
REVISED CODE SHALL NOT OPERATE AS A LOCAL WORKFORCE INVESTMENT 2,565
AREA PURSUANT TO THE WORKFORCE INVESTMENT ACT. 2,566
Sec. 763.05. TO THE EXTENT PERMITTED BY FEDERAL LAW, 2,568
INCLUDING SUBPART F OF 5 C.F.R. PART 900, AND THE REVISED CODE, 2,571
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION THAT, FOR 2,572
THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS THE TYPE OF 2,574
LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE 2,575
REVISED CODE MAY ENTER INTO A WRITTEN CONTRACT WITH A PRIVATE OR 2,577
GOVERNMENT ENTITY, INCLUDING A PUBLIC OR PRIVATE COLLEGE OR 2,578
UNIVERSITY, FOR THE ENTITY TO ACT AS THE MUNICIPAL CORPORATION'S 2,579
WORKFORCE DEVELOPMENT AGENCY. THE ENTITY WITH WHICH THE CHIEF 2,580
ELECTED OFFICIAL CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE 2,581
MUNICIPAL CORPORATION.
Sec. 763.07. TO ENHANCE THE ADMINISTRATION, DELIVERY, AND 2,583
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT 2,584
ACTIVITIES, THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION 2,585
THAT, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS 2,587
THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 2,588
6301.01 OF THE REVISED CODE MAY ENTER INTO A REGIONAL PLAN OF 2,589
COOPERATION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS
PURSUANT TO SECTION 307.984 OF THE REVISED CODE. A REGIONAL PLAN 2,591
58
OF COOPERATION MUST SPECIFY HOW THE PRIVATE AND GOVERNMENT 2,592
ENTITIES SUBJECT TO THE PLAN WILL COORDINATE AND ENHANCE THE
ADMINISTRATION, DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES 2,593
DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES. 2,594
Sec. 2151.011. (A) As used in the Revised Code: 2,603
(1) "Juvenile court" means the division of the court of 2,605
common pleas or a juvenile court separately and independently 2,606
created having jurisdiction under this chapter. 2,607
(2) "Juvenile judge" means a judge of a court having 2,609
jurisdiction under this chapter. 2,610
(3) "Private child placing agency" means any association, 2,612
as defined in section 5103.02 of the Revised Code, that is 2,613
certified pursuant to sections SECTION 5103.03 to 5103.05 of the 2,615
Revised Code to accept temporary, permanent, or legal custody of 2,616
children and place the children for either foster care or 2,617
adoption.
(4) "Private noncustodial agency" means any person, 2,619
organization, association, or society certified by the department 2,620
of human JOB AND FAMILY services that does not accept temporary 2,621
or permanent legal custody of children, that is privately 2,623
operated in this state, and that does one or more of the 2,624
following:
(a) Receives and cares for children for two or more 2,626
consecutive weeks; 2,627
(b) Participates in the placement of children in family 2,629
foster homes; 2,630
(c) Provides adoption services in conjunction with a 2,632
public children services agency or private child placing agency. 2,633
(B) As used in this chapter: 2,635
(1) "Adequate parental care" means the provision by a 2,637
child's parent or parents, guardian, or custodian of adequate 2,638
food, clothing, and shelter to ensure the child's health and 2,639
physical safety and the provision by a child's parent or parents 2,640
of specialized services warranted by the child's physical or 2,641
59
mental needs. 2,642
(2) "Adult" means an individual who is eighteen years of 2,644
age or older. 2,645
(3) "Agreement for temporary custody" means a voluntary 2,647
agreement authorized by section 5103.15 of the Revised Code that 2,649
transfers the temporary custody of a child to a public children 2,650
services agency or a private child placing agency. 2,651
(4) "Babysitting care" means care provided for a child 2,653
while the parents, guardian, or legal custodian of the child are 2,654
temporarily away. 2,655
(5) "Certified family foster home" means a family foster 2,657
home operated by persons holding a certificate in force, issued 2,658
under section 5103.03 of the Revised Code. 2,659
(6)(a) "Child" means a person who is under eighteen years 2,662
of age, except as otherwise provided in divisions (B)(6)(b) to 2,663
(f) of this section. 2,664
(b) Subject to division (B)(6)(c) of this section, any 2,667
person who violates a federal or state law or municipal ordinance 2,668
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,669
complaint is filed or the hearing on the complaint is held. 2,670
(c) Any person who, while under eighteen years of age, 2,673
commits an act that would be a felony if committed by an adult 2,674
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 2,675
child in relation to that act. 2,676
(d) Any person whose case is transferred for criminal 2,678
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,679
the Revised Code shall after the transfer be deemed not to be a 2,680
child in the transferred case. 2,681
(e) Subject to division (B)(6)(f) of this section, any 2,684
person whose case is transferred for criminal prosecution 2,685
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,686
Code and who subsequently is convicted of or pleads guilty to a 2,687
60
felony in that case shall after the transfer be deemed not to be 2,689
a child in any case in which the person is alleged to have 2,691
committed prior to or subsequent to the transfer an act that 2,693
would be an offense if committed by an adult. Division (B)(6)(e) 2,694
of this section applies to a case regardless of whether the prior 2,697
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 2,698
the same county in which the case was transferred or in another 2,700
county and regardless of whether the complaint in the case 2,701
involved was filed in the same county in which the case was 2,702
transferred or in another county. Division (B)(6)(e) of this 2,703
section applies to a case that involves an act committed prior to 2,704
the transfer only when the prior act alleged in the case has not 2,705
been disposed of by a juvenile court or trial court. 2,706
(f) Notwithstanding division (B)(6)(e) of this section, if 2,709
a person's case is transferred for criminal prosecution pursuant 2,710
to division (B) or (C) of section 2151.26 of the Revised Code and 2,711
if the person subsequently is convicted of or pleads guilty to a 2,712
felony in that case, thereafter, the person shall be considered a 2,713
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 2,714
committed by an adult: 2,715
(i) For purposes of the filing of a complaint alleging 2,717
that the child is a delinquent child for committing the act that 2,718
would be an offense if committed by an adult; 2,719
(ii) For purposes of the juvenile court conducting a 2,721
hearing under division (B) of section 2151.26 of the Revised Code 2,723
relative to the complaint described in division (B)(6)(f)(i) of 2,724
this section to determine whether division (B)(1) of section 2,725
2151.26 of the Revised Code applies and requires that the case be 2,727
transferred for criminal prosecution to the appropriate court 2,728
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 2,730
center," "part-time child day-care center," "type A family 2,733
61
day-care home," "certified type B family day-care home," "type B 2,734
home," "administrator of a child day-care center," "administrator 2,736
of a type A family day-care home," "in-home aide," and 2,737
"authorized provider" have the same meanings as in section 2,738
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 2,741
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 2,742
day-care home, or an in-home aide or an individual who is 2,743
licensed, is regulated, is approved, operates under the direction 2,744
of, or otherwise is certified by the department of human JOB AND 2,745
FAMILY services, department of mental retardation and 2,747
developmental disabilities, or the early childhood programs of 2,748
the department of education. 2,749
(9) "Commit" means to vest custody as ordered by the 2,751
court. 2,752
(10) "Counseling" includes both of the following: 2,754
(a) General counseling services performed by a public 2,757
children services agency or shelter for victims of domestic 2,758
violence to assist a child, a child's parents, and a child's 2,759
siblings in alleviating identified problems that may cause or 2,761
have caused the child to be an abused, neglected, or dependent 2,762
child.
(b) Psychiatric or psychological therapeutic counseling 2,765
services provided to correct or alleviate any mental or emotional 2,767
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 2,769
of the Revised Code to engage in social work or professional 2,770
counseling.
(11) "Custodian" means a person who has legal custody of a 2,772
child or a public children services agency or private child 2,773
placing agency that has permanent, temporary, or legal custody of 2,774
a child. 2,775
(12) "Detention" means the temporary care of children 2,777
62
pending court adjudication or disposition, or execution of a 2,778
court order, in a public or private facility designed to 2,779
physically restrict the movement and activities of children. 2,780
(13) "Developmental disability" has the same meaning as in 2,783
section 5123.01 of the Revised Code. 2,784
(14) "Family foster home" means a private residence in 2,786
which children are received apart from their parents, guardian, 2,787
or legal custodian by an individual for hire, gain, or reward for 2,788
nonsecure care, supervision, or training twenty-four hours a day. 2,789
"Family foster home" does not include babysitting care provided 2,790
for a child in the home of a person other than the home of the 2,791
parents, guardian, or legal custodian of the child. 2,792
(15) "Foster home" means a family home in which any child 2,794
is received apart from the child's parents for care, supervision, 2,795
or training. 2,797
(16) "Guardian" means a person, association, or 2,799
corporation that is granted authority by a probate court pursuant 2,800
to Chapter 2111. of the Revised Code to exercise parental rights 2,801
over a child to the extent provided in the court's order and 2,802
subject to the residual parental rights of the child's parents. 2,803
(17) "Legal custody" means a legal status that vests in 2,805
the custodian the right to have physical care and control of the 2,806
child and to determine where and with whom the child shall live, 2,807
and the right and duty to protect, train, and discipline the 2,809
child and to provide the child with food, shelter, education, and 2,810
medical care, all subject to any residual parental rights, 2,812
privileges, and responsibilities. An individual granted legal 2,813
custody shall exercise the rights and responsibilities personally 2,814
unless otherwise authorized by any section of the Revised Code or 2,815
by the court. 2,816
(18) "Mental illness" and "mentally ill person subject to 2,819
hospitalization by court order" have the same meanings as in 2,820
section 5122.01 of the Revised Code. 2,821
(19) "Mental injury" means any behavioral, cognitive, 2,823
63
emotional, or mental disorder in a child caused by an act or 2,824
omission that is described in section 2919.22 of the Revised Code 2,825
and is committed by the parent or other person responsible for 2,827
the child's care.
(20) "Mentally retarded person" has the same meaning as in 2,830
section 5123.01 of the Revised Code. 2,831
(21) "Nonsecure care, supervision, or training" means 2,833
care, supervision, or training of a child in a facility that does 2,834
not confine or prevent movement of the child within the facility 2,835
or from the facility. 2,836
(22) "Organization" means any institution, public, 2,838
semipublic, or private, and any private association, society, or 2,839
agency located or operating in the state, incorporated or 2,840
unincorporated, having among its functions the furnishing of 2,841
protective services or care for children, or the placement of 2,842
children in foster homes or elsewhere. 2,843
(23) "Out-of-home care" means detention facilities, 2,845
shelter facilities, foster homes, certified foster homes, 2,846
placement in a prospective adoptive home prior to the issuance of 2,847
a final decree of adoption, organizations, certified 2,848
organizations, child day-care centers, type A family day-care 2,849
homes, child day-care provided by type B family day-care home 2,850
providers and by in-home aides, group home providers, group 2,851
homes, institutions, state institutions, residential facilities, 2,852
residential care facilities, residential camps, day camps, 2,853
hospitals, and medical clinics that are responsible for the care, 2,854
physical custody, or control of children. 2,855
(24) "Out-of-home care child abuse" means any of the 2,857
following when committed by a person responsible for the care of 2,858
a child in out-of-home care: 2,859
(a) Engaging in sexual activity with a child in the 2,861
person's care; 2,862
(b) Denial to a child, as a means of punishment, of proper 2,864
or necessary subsistence, education, medical care, or other care 2,865
64
necessary for a child's health; 2,866
(c) Use of restraint procedures on a child that cause 2,868
injury or pain; 2,869
(d) Administration of prescription drugs or psychotropic 2,871
medication to the child without the written approval and ongoing 2,872
supervision of a licensed physician; 2,873
(e) Commission of any act, other than by accidental means, 2,875
that results in any injury to or death of the child in 2,876
out-of-home care or commission of any act by accidental means 2,877
that results in an injury to or death of a child in out-of-home 2,878
care and that is at variance with the history given of the injury 2,879
or death.
(25) "Out-of-home care child neglect" means any of the 2,881
following when committed by a person responsible for the care of 2,882
a child in out-of-home care: 2,883
(a) Failure to provide reasonable supervision according to 2,885
the standards of care appropriate to the age, mental and physical 2,886
condition, or other special needs of the child; 2,887
(b) Failure to provide reasonable supervision according to 2,889
the standards of care appropriate to the age, mental and physical 2,890
condition, or other special needs of the child, that results in 2,891
sexual or physical abuse of the child by any person; 2,892
(c) Failure to develop a process for all of the following: 2,894
(i) Administration of prescription drugs or psychotropic 2,896
drugs for the child; 2,897
(ii) Assuring that the instructions of the licensed 2,899
physician who prescribed a drug for the child are followed; 2,900
(iii) Reporting to the licensed physician who prescribed 2,902
the drug all unfavorable or dangerous side effects from the use 2,903
of the drug. 2,904
(d) Failure to provide proper or necessary subsistence, 2,906
education, medical care, or other individualized care necessary 2,907
for the health or well-being of the child; 2,908
(e) Confinement of the child to a locked room without 2,910
65
monitoring by staff; 2,911
(f) Failure to provide ongoing security for all 2,913
prescription and nonprescription medication; 2,914
(g) Isolation of a child for a period of time when there 2,916
is substantial risk that the isolation, if continued, will impair 2,917
or retard the mental health or physical well-being of the child. 2,918
(26) "Permanent custody" means a legal status that vests 2,920
in a public children services agency or a private child placing 2,921
agency, all parental rights, duties, and obligations, including 2,922
the right to consent to adoption, and divests the natural parents 2,923
or adoptive parents of all parental rights, privileges, and 2,925
obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement" means an order 2,928
of a juvenile court pursuant to which both of the following 2,929
apply:
(a) The court gives legal custody of a child to a public 2,931
children services agency or a private child placing agency 2,932
without the termination of parental rights. 2,933
(b) The order permits the agency to make an appropriate 2,935
placement of the child and to enter into a written agreement with 2,938
a foster care provider or with another person or agency with whom 2,939
the child is placed.
(28) "Permanent surrender" means the act of the parents 2,941
or, if a child has only one parent, of the parent of a child, by 2,942
a voluntary agreement authorized by section 5103.15 of the 2,944
Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing 2,945
agency. 2,946
(29) "Person responsible for a child's care in out-of-home 2,948
care" means any of the following: 2,949
(a) Any foster parent, in-home aide, or provider; 2,951
(b) Any administrator, employee, or agent of any of the 2,953
following: a public or private detention facility; shelter 2,954
facility; organization; certified organization; child day-care 2,955
66
center; type A family day-care home; certified type B family 2,956
day-care home; group home; institution; state institution; 2,957
residential facility; residential care facility; residential 2,958
camp; day camp; hospital; or medical clinic; 2,959
(c) Any other person who performs a similar function with 2,961
respect to, or has a similar relationship to, children. 2,962
(30) "Physically impaired" means having one or more of the 2,965
following conditions that substantially limit one or more of an 2,966
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 2,967
self-direction:
(a) A substantial impairment of vision, speech, or 2,969
hearing;
(b) A congenital orthopedic impairment; 2,971
(c) An orthopedic impairment caused by disease, rheumatic 2,974
fever or any other similar chronic or acute health problem, or 2,975
amputation or another similar cause.
(31) "Placement for adoption" means the arrangement by a 2,977
public children services agency or a private child placing agency 2,978
with a person for the care and adoption by that person of a child 2,979
of whom the agency has permanent custody. 2,980
(32) "Placement in foster care" means the arrangement by a 2,983
public children services agency or a private child placing agency 2,984
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. 2,985
(33) "Practice of social work" and "practice of 2,987
professional counseling" have the same meanings as in section 2,988
4757.01 of the Revised Code. 2,989
(34) "Probation" means a legal status created by court 2,991
order following an adjudication that a child is a delinquent 2,992
child, a juvenile traffic offender, or an unruly child, whereby 2,993
the child is permitted to remain in the parent's, guardian's, or 2,994
custodian's home subject to supervision, or under the supervision 2,995
of any agency designated by the court and returned to the court 2,996
67
for violation of probation at any time during the period of 2,997
probation. 2,998
(35) "Protective supervision" means an order of 3,000
disposition pursuant to which the court permits an abused, 3,001
neglected, dependent, unruly, or delinquent child or a juvenile 3,002
traffic offender to remain in the custody of the child's parents, 3,003
guardian, or custodian and stay in the child's home, subject to 3,004
any conditions and limitations upon the child, the child's 3,006
parents, guardian, or custodian, or any other person that the 3,008
court prescribes, including supervision as directed by the court 3,009
for the protection of the child. 3,010
(36) "Psychiatrist" has the same meaning as in section 3,012
5122.01 of the Revised Code. 3,013
(37) "Psychologist" has the same meaning as in section 3,015
4732.01 of the Revised Code. 3,016
(38) "Residential camp" means a program in which the care, 3,018
physical custody, or control of children is accepted overnight 3,020
for recreational or recreational and educational purposes. 3,021
(39) "Residential care facility" means an institution, 3,023
residence, or facility that is licensed by the department of 3,024
mental health under section 5119.22 of the Revised Code and that 3,025
provides care for a child. 3,026
(40) "Residential facility" means a home or facility that 3,028
is licensed by the department of mental retardation and 3,029
developmental disabilities under section 5123.19 of the Revised 3,030
Code and in which a child with a developmental disability 3,031
resides. 3,032
(41) "Residual parental rights, privileges, and 3,034
responsibilities" means those rights, privileges, and 3,035
responsibilities remaining with the natural parent after the 3,036
transfer of legal custody of the child, including, but not 3,037
necessarily limited to, the privilege of reasonable visitation, 3,038
consent to adoption, the privilege to determine the child's 3,039
religious affiliation, and the responsibility for support. 3,040
68
(42) "Secure correctional facility" means a facility under 3,043
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 3,044
children and used for the placement of children after 3,045
adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section 3,047
2907.01 of the Revised Code. 3,048
(44) "Shelter" means the temporary care of children in 3,050
physically unrestricted facilities pending court adjudication or 3,051
disposition. 3,052
(45) "Shelter for victims of domestic violence" has the 3,054
same meaning as in section 3113.33 of the Revised Code. 3,055
(46) "Temporary custody" means legal custody of a child 3,057
who is removed from the child's home, which custody may be 3,058
terminated at any time at the discretion of the court or, if the 3,060
legal custody is granted in an agreement for temporary custody, 3,061
by the person who executed the agreement. 3,062
(C) For the purposes of this chapter, a child shall be 3,064
presumed abandoned when the parents of the child have failed to 3,065
visit or maintain contact with the child for more than ninety 3,066
days, regardless of whether the parents resume contact with the 3,067
child after that period of ninety days. 3,068
Sec. 2301.357. (A) Each child support enforcement agency 3,077
shall adopt a paternity compliance plan, establish a paternity 3,078
compliance unit, and submit the adopted plan to the division of 3,079
support of the department of human JOB AND FAMILY services in 3,080
accordance with the rules adopted pursuant to section 5101.324 of 3,082
the Revised Code, except that, if a child support enforcement 3,083
agency submitted a corrective action plan to the department 3,084
pursuant to division (B)(C)(1) of section 5101.24 of the Revised 3,086
Code and if that plan is currently in effect, the agency is not 3,087
required to comply with this division. 3,088
(B) The department of human JOB AND FAMILY services shall 3,090
enter into a contract with local hospitals for the provision of 3,093
69
staff by the hospitals to meet with unmarried women who give 3,094
birth in or en route to the particular hospital. The contract 3,095
between the department of human JOB AND FAMILY services and a 3,096
local hospital shall require all of the following: 3,098
(1) That the hospital provide a staff person to meet with 3,101
each unmarried mother who gave birth in or en route to the 3,102
hospital within twenty-four hours of the birth or before the 3,103
mother is released from the hospital; 3,104
(2) That the staff person attempt to meet with the father 3,106
of the unmarried mother's child if possible; 3,107
(3) That the staff person explain to the unmarried mother 3,109
and the father, if he is present, the benefit to the child of 3,110
establishing a parent and child relationship between the father 3,111
and the child and the various proper procedures for establishing 3,112
a parent and child relationship; 3,113
(4) That the staff person present to the unmarried mother 3,115
and, if possible, the father the pamphlet or statement regarding 3,117
the rights and responsibilities of a natural parent that is 3,118
prepared and provided by the department of human JOB AND FAMILY 3,119
services pursuant to section 5101.324 of the Revised Code; 3,121
(5) That the staff person provide the mother and, if 3,123
possible, the father, all forms and statements necessary to 3,125
voluntarily establish a parent and child relationship, including, 3,126
but not limited to, the acknowledgment of paternity affidavit 3,127
prepared by the department of human JOB AND FAMILY services 3,128
pursuant to section 5101.324 of the Revised Code and required by 3,129
section 5101.314 of the Revised Code; 3,130
(6) That the staff person, at the request of both the 3,132
mother and father, help the mother and father complete any form 3,133
or statement necessary to establish a parent and child 3,134
relationship; 3,135
(7) That the hospital provide a notary public to notarize 3,137
an acknowledgment of paternity affidavit signed by the mother and 3,138
father; 3,139
70
(8) That the staff person present to an unmarried mother 3,141
who is not participating in the Ohio works first program 3,142
established under Chapter 5107. or receiving medical assistance 3,143
under Chapter 5111. of the Revised Code an application for Title 3,145
IV-D services;
(9) That the staff person forward any completed 3,147
acknowledgment of paternity, no later than ten days after it is 3,148
completed, to the division of child support in the department of 3,149
human JOB AND FAMILY services; 3,150
(10) That the department of human JOB AND FAMILY services 3,152
pay the hospital twenty dollars for every correctly signed and 3,154
notarized acknowledgment of paternity affidavit from the 3,155
hospital.
On or before April 1, 1998, each hospital shall enter into 3,158
a contract with the department of human JOB AND FAMILY services 3,159
pursuant to this section regarding the duties imposed by this 3,161
section and section 3727.17 of the Revised Code concerning 3,162
paternity establishment. A hospital that fails to enter into a 3,163
contract shall not receive the fee from the department for 3,164
correctly signed and notarized affidavits submitted by the 3,165
hospital. 3,166
(C) Not later than July 1, 1998, and the first day of each 3,170
July thereafter, the department of human JOB AND FAMILY services 3,171
shall complete a report on the hospitals that have not entered 3,173
into contracts described in this section. The department shall 3,174
submit the report to the chairperson and ranking minority member 3,175
of the committees of the house of representatives and senate with 3,176
primary responsibility for issues concerning paternity 3,177
establishment.
(D) If the hospital knows or determines that a man is 3,179
presumed under section 3111.03 of the Revised Code to be the 3,181
father of the child described in this section, the hospital shall 3,182
take no further action with regard to an acknowledgment and shall 3,183
not send an acknowledgment to the division. 3,184
71
Sec. 2705.02. A person guilty of any of the following acts 3,193
may be punished as for a contempt: 3,194
(A) Disobedience of, or resistance to, a lawful writ, 3,196
process, order, rule, judgment, or command of a court or officer; 3,197
(B) Misbehavior of an officer of the court in the 3,199
performance of official duties, or in official transactions; 3,201
(C) A failure to obey a subpoena duly served, or a refusal 3,203
to be sworn or to answer as a witness, when lawfully required; 3,204
(D) The rescue, or attempted rescue, of a person or of 3,206
property in the custody of an officer by virtue of an order or 3,207
process of court held by the officer; 3,208
(E) A failure upon the part of a person recognized to 3,210
appear as a witness in a court to appear in compliance with the 3,211
terms of the person's recognizance; 3,212
(F) A failure to comply with an order issued pursuant to 3,214
section 3111.20, 3111.211, or 3111.22 of the Revised Code or a 3,215
withholding or deduction notice issued under section 3111.23 of 3,217
the Revised Code;
(G) A failure to obey a subpoena issued by the department 3,219
of human JOB AND FAMILY services or a child support enforcement 3,220
agency pursuant to section 5101.37 of the Revised Code; 3,222
(H) A willful failure to submit to genetic testing, or a 3,225
willful failure to submit a child to genetic testing, as required 3,226
by an order for genetic testing issued under section 3111.22 of 3,227
the Revised Code. 3,228
Sec. 3313.64. (A) As used in this section and in section 3,239
3313.65 of the Revised Code: 3,240
(1) "Parent" means either parent, unless the parents are 3,242
separated or divorced or their marriage has been dissolved or 3,243
annulled, in which case "parent" means the parent who is the 3,244
residential parent and legal custodian of the child. When a 3,245
child is in the legal custody of a government agency or a person 3,246
other than the child's natural or adoptive parent, "parent" means 3,247
the parent with residual parental rights, privileges, and 3,248
72
responsibilities. When a child is in the permanent custody of a 3,249
government agency or a person other than the child's natural or 3,250
adoptive parent, "parent" means the parent who was divested of 3,251
parental rights and responsibilities for the care of the child 3,252
and the right to have the child live with the parent and be the 3,253
legal custodian of the child and all residual parental rights, 3,255
privileges, and responsibilities. 3,256
(2) "Legal custody," "permanent custody," and "residual 3,258
parental rights, privileges, and responsibilities" have the same 3,259
meanings as in section 2151.011 of the Revised Code. 3,260
(3) "School district" or "district" means a city, local, 3,262
or exempted village school district and excludes any school 3,263
operated in an institution maintained by the department of youth 3,264
services. 3,265
(4) Except as used in division (C)(2) of this section, 3,267
"home" means a home, institution, family foster home, group home, 3,268
or other residential facility in this state that receives and 3,269
cares for children, to which any of the following applies: 3,270
(a) The home is licensed, certified, or approved for such 3,272
purpose by the state or is maintained by the department of youth 3,273
services. 3,274
(b) The home is operated by a person who is licensed, 3,276
certified, or approved by the state to operate the home for such 3,277
purpose. 3,278
(c) The home accepted the child through a placement by a 3,280
person licensed, certified, or approved to place a child in such 3,281
a home by the state. 3,282
(d) The home is a children's home created under section 3,284
5153.21 or 5153.36 of the Revised Code. 3,285
(5) "Agency" means all of the following: 3,287
(a) A public children services agency; 3,289
(b) An organization that holds a certificate issued by the 3,291
Ohio department of human JOB AND FAMILY services in accordance 3,292
with the requirements of section 5103.03 of the Revised Code and 3,294
73
assumes temporary or permanent custody of children through 3,295
commitment, agreement, or surrender, and places children in 3,296
family homes for the purpose of adoption; 3,297
(c) Comparable agencies of other states or countries that 3,299
have complied with applicable requirements of section 2151.39, or 3,300
sections 5103.20 to 5103.28 of the Revised Code. 3,301
(6) A child is placed for adoption if either of the 3,303
following occurs: 3,304
(a) An agency to which the child has been permanently 3,306
committed or surrendered enters into an agreement with a person 3,307
pursuant to section 5103.06 5103.16 of the Revised Code for the 3,309
care and adoption of the child. 3,310
(b) The child's natural parent places the child pursuant 3,312
to section 5103.16 of the Revised Code with a person who will 3,313
care for and adopt the child. 3,314
(7) "Handicapped preschool child" means a handicapped 3,316
child, as defined by division (A) of section 3323.01 of the 3,317
Revised Code, who is at least three years of age but is not of 3,318
compulsory school age, as defined in section 3321.01 of the 3,319
Revised Code, and who is not currently enrolled in kindergarten. 3,320
(8) "Child," unless otherwise indicated, includes 3,322
handicapped preschool children. 3,323
(B) Except as otherwise provided in section 3321.01 of the 3,325
Revised Code for admittance to kindergarten and first grade, a 3,326
child who is at least five but under twenty-two years of age and 3,327
any handicapped preschool child shall be admitted to school as 3,328
provided in this division. 3,329
(1) A child shall be admitted to the schools of the school 3,331
district in which the child's parent resides. 3,332
(2) A child who does not reside in the district where the 3,335
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 3,337
applies:
(a) The child is in the legal or permanent custody of a 3,339
74
government agency or a person other than the child's natural or 3,341
adoptive parent. 3,342
(b) The child resides in a home. 3,344
(c) The child requires special education. 3,346
(3) A child who is not entitled under division (B)(2) of 3,348
this section to be admitted to the schools of the district where 3,349
the child resides and who is residing with a resident of this 3,350
state with whom the child has been placed for adoption shall be 3,352
admitted to the schools of the district where the child resides 3,354
unless either of the following applies: 3,355
(a) The placement for adoption has been terminated. 3,357
(b) Another school district is required to admit the child 3,359
under division (B)(1) of this section. 3,360
Division (B) of this section does not prohibit the board of 3,362
education of a school district from placing a handicapped child 3,363
who resides in the district in a special education program 3,364
outside of the district or its schools in compliance with Chapter 3,365
3323. of the Revised Code. 3,366
(C) A district shall not charge tuition for children 3,368
admitted under division (B)(1) or (3) of this section. If the 3,369
district admits a child under division (B)(2) of this section, 3,370
tuition shall be paid to the district that admits the child as 3,371
follows: 3,372
(1) If the child receives special education in accordance 3,374
with Chapter 3323. of the Revised Code, tuition shall be paid in 3,375
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 3,376
of the Revised Code regardless of who has custody of the child or 3,377
whether the child resides in a home. 3,378
(2) Except as otherwise provided in division (C)(2)(d) of 3,380
this section, if the child is in the permanent or legal custody 3,381
of a government agency or person other than the child's parent, 3,382
tuition shall be paid by: 3,383
(a) The district in which the child's parent resided at 3,385
the time the court removed the child from home or at the time the 3,387
75
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 3,388
(b) If the parent's residence at the time the court 3,390
removed the child from home or placed the child in the legal or 3,392
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 3,393
at the time the child was removed from home or placed in legal or 3,395
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 3,397
division (C)(2)(a) or (b) of this section, tuition shall be paid 3,398
by the district determined as required by section 2151.357 of the 3,399
Revised Code by the court at the time it vests custody of the 3,400
child in the person or government agency. 3,401
(d) If at the time the court removed the child from home 3,404
or vested legal or permanent custody of the child in the person 3,405
or government agency, whichever occurred first, one parent was in 3,406
a residential or correctional facility or a juvenile residential 3,407
placement and the other parent, if living and not in such a 3,408
facility or placement, was not known to reside in this state, 3,409
tuition shall be paid by the district determined under division 3,410
(D) of section 3313.65 of the Revised Code as the district 3,411
required to pay any tuition while the parent was in such facility 3,412
or placement.
(3) If the child is not in the permanent or legal custody 3,414
of a government agency or person other than the child's parent 3,416
and the child resides in a home, tuition shall be paid by one of 3,417
the following:
(a) The school district in which the child's parent 3,419
resides; 3,420
(b) If the child's parent is not a resident of this state, 3,422
the home in which the child resides. 3,423
(D) Tuition required to be paid under divisions (C)(2) and 3,425
(3)(a) of this section shall be computed in accordance with 3,426
section 3317.08 of the Revised Code. Tuition required to be paid 3,427
76
under division (C)(3)(b) of this section shall be computed in 3,428
accordance with section 3317.081 of the Revised Code. If a home 3,429
fails to pay the tuition required by division (C)(3)(b) of this 3,430
section, the board of education providing the education may 3,431
recover in a civil action the tuition and the expenses incurred 3,432
in prosecuting the action, including court costs and reasonable 3,433
attorney's fees. If the prosecuting attorney or city director of 3,434
law represents the board in such action, costs and reasonable 3,435
attorney's fees awarded by the court, based upon the prosecuting 3,436
attorney's, director's, or one of their designee's time spent 3,438
preparing and presenting the case, shall be deposited in the 3,439
county or city general fund. 3,440
(E) A board of education may enroll a child free of any 3,442
tuition obligation for a period not to exceed sixty days, on the 3,443
sworn statement of an adult resident of the district that the 3,444
resident has initiated legal proceedings for custody of the 3,446
child.
(F) In the case of any individual entitled to attend 3,448
school under this division, no tuition shall be charged by the 3,449
school district of attendance and no other school district shall 3,450
be required to pay tuition for the individual's attendance. 3,451
Notwithstanding division (B), (C), or (E) of this section: 3,452
(1) All persons at least eighteen but under twenty-two 3,454
years of age who live apart from their parents, support 3,455
themselves by their own labor, and have not successfully 3,456
completed the high school curriculum or the individualized 3,457
education program developed for the person by the high school 3,458
pursuant to section 3323.08 of the Revised Code, are entitled to 3,459
attend school in the district in which they reside. 3,460
(2) Any child under eighteen years of age who is married 3,462
is entitled to attend school in the child's district of 3,463
residence. 3,464
(3) A child is entitled to attend school in the district 3,466
in which either of the child's parents is employed if the child 3,468
77
has a medical condition that may require emergency medical 3,469
attention. The parent of a child entitled to attend school under 3,470
division (F)(3) of this section shall submit to the board of 3,471
education of the district in which the parent is employed a 3,472
statement from the child's physician certifying that the child's 3,473
medical condition may require emergency medical attention. The 3,474
statement shall be supported by such other evidence as the board 3,475
may require.
(4) Any child residing with a person other than the 3,477
child's parent is entitled, for a period not to exceed twelve 3,479
months, to attend school in the district in which that person 3,480
resides if the child's parent files an affidavit with the 3,481
superintendent of the district in which the person with whom the 3,482
child is living resides stating all of the following: 3,483
(a) That the parent is serving outside of the state in the 3,485
armed services of the United States; 3,486
(b) That the parent intends to reside in the district upon 3,488
returning to this state; 3,489
(c) The name and address of the person with whom the child 3,491
is living while the parent is outside the state. 3,492
(5) Any child under the age of twenty-two years who, after 3,494
the death of a parent, resides in a school district other than 3,495
the district in which the child attended school at the time of 3,496
the parent's death is entitled to continue to attend school in 3,497
the district in which the child attended school at the time of 3,498
the parent's death for the remainder of the school year, subject 3,499
to approval of that district board. 3,500
(6) A child under the age of twenty-two years who resides 3,502
with a parent who is having a new house built in a school 3,503
district outside the district where the parent is residing is 3,504
entitled to attend school for a period of time in the district 3,505
where the new house is being built. In order to be entitled to 3,506
such attendance, the parent shall provide the district 3,507
superintendent with the following: 3,508
78
(a) A sworn statement explaining the situation, revealing 3,510
the location of the house being built, and stating the parent's 3,511
intention to reside there upon its completion; 3,512
(b) A statement from the builder confirming that a new 3,514
house is being built for the parent and that the house is at the 3,515
location indicated in the parent's statement. 3,516
(7) A child under the age of twenty-two years residing 3,518
with a parent who has a contract to purchase a house in a school 3,519
district outside the district where the parent is residing and 3,520
who is waiting upon the date of closing of the mortgage loan for 3,521
the purchase of such house is entitled to attend school for a 3,522
period of time in the district where the house is being 3,523
purchased. In order to be entitled to such attendance, the 3,524
parent shall provide the district superintendent with the 3,525
following: 3,526
(a) A sworn statement explaining the situation, revealing 3,528
the location of the house being purchased, and stating the 3,529
parent's intent to reside there; 3,530
(b) A statement from a real estate broker or bank officer 3,532
confirming that the parent has a contract to purchase the house, 3,533
that the parent is waiting upon the date of closing of the 3,534
mortgage loan, and that the house is at the location indicated in 3,535
the parent's statement. 3,536
The district superintendent shall establish a period of 3,538
time not to exceed ninety days during which the child entitled to 3,539
attend school under division (F)(6) or (7) of this section may 3,540
attend without tuition obligation. A student attending a school 3,541
under division (F)(6) or (7) of this section shall be eligible to 3,542
participate in interscholastic athletics under the auspices of 3,543
that school, provided the board of education of the school 3,544
district where the student's parent resides, by a formal action, 3,545
releases the student to participate in interscholastic athletics 3,546
at the school where the student is attending, and provided the 3,547
student receives any authorization required by a public agency or 3,548
79
private organization of which the school district is a member 3,549
exercising authority over interscholastic sports. 3,550
(8) A child whose parent is a full-time employee of a 3,552
city, local, or exempted village school district, or of an 3,553
educational service center, may be admitted to the schools of the 3,555
district where the child's parent is employed, or in the case of 3,556
a child whose parent is employed by an educational service 3,557
center, in the district that serves the location where the 3,558
parent's job is primarily located, provided the district board of 3,559
education establishes such an admission policy by resolution 3,560
adopted by a majority of its members. Any such policy shall take 3,561
effect on the first day of the school year and the effective date 3,562
of any amendment or repeal may not be prior to the first day of 3,563
the subsequent school year. The policy shall be uniformly 3,564
applied to all such children and shall provide for the admission 3,565
of any such child upon request of the parent. No child may be 3,566
admitted under this policy after the first day of classes of any 3,567
school year.
(9) A child who is with the child's parent under the care 3,569
of a shelter for victims of domestic violence, as defined in 3,571
section 3113.33 of the Revised Code, is entitled to attend school 3,572
free in the district in which the child is with the child's 3,573
parent, and no other school district shall be required to pay 3,576
tuition for the child's attendance in that school district. 3,578
The enrollment of a child in a school district under this 3,580
division shall not be denied due to a delay in the school 3,581
district's receipt of any records required under section 3313.672 3,582
of the Revised Code or any other records required for enrollment. 3,583
Any days of attendance and any credits earned by a child while 3,584
enrolled in a school district under this division shall be 3,585
transferred to and accepted by any school district in which the 3,586
child subsequently enrolls. The state board of education shall 3,587
adopt rules to ensure compliance with this division. 3,588
(10) Any child under the age of twenty-two years whose 3,590
80
parent has moved out of the school district after the 3,591
commencement of classes in the child's senior year of high school 3,592
is entitled, subject to the approval of that district board, to 3,593
attend school in the district in which the child attended school 3,594
at the time of the parental move for the remainder of the school 3,595
year and for one additional semester or equivalent term. A 3,597
district board may also adopt a policy specifying extenuating 3,598
circumstances under which a student may continue to attend school 3,599
under division (F)(10) of this section for an additional period 3,600
of time in order to successfully complete the high school 3,601
curriculum for the individualized education program developed for 3,602
the student by the high school pursuant to section 3323.08 of the 3,603
Revised Code.
(11) As used in this division, "grandparent" means a 3,605
parent of a parent of a child. A child under the age of 3,606
twenty-two years who is in the custody of the child's parent, 3,608
resides with a grandparent, and does not require special 3,609
education is entitled to attend the schools of the district in 3,610
which the child's grandparent resides, provided that, prior to 3,612
such attendance in any school year, the board of education of the 3,613
school district in which the child's grandparent resides and the 3,614
board of education of the school district in which the child's 3,616
parent resides enter into a written agreement specifying that 3,618
good cause exists for such attendance, describing the nature of 3,619
this good cause, and consenting to such attendance. 3,620
In lieu of a consent form signed by a parent, a board of 3,622
education may request the grandparent of a child attending school 3,623
in the district in which the grandparent resides pursuant to 3,624
division (F)(11) of this section to complete any consent form 3,625
required by the district, including any authorization required by 3,626
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 3,627
Upon request, the grandparent shall complete any consent form 3,628
required by the district. A school district shall not incur any 3,629
liability solely because of its receipt of a consent form from a 3,630
81
grandparent in lieu of a parent. 3,631
Division (F)(11) of this section does not create, and shall 3,634
not be construed as creating, a new cause of action or 3,635
substantive legal right against a school district, a member of a 3,636
board of education, or an employee of a school district. This 3,637
section does not affect, and shall not be construed as affecting, 3,638
any immunities from defenses to tort liability created or 3,639
recognized by Chapter 2744. of the Revised Code for a school 3,640
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 3,643
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 3,645
(C), or (E) of this section provided that, prior to such 3,647
attendance in any school year, both of the following occur: 3,648
(a) The superintendent of the district in which the child 3,650
is entitled to attend school under division (B), (C), or (E) of 3,653
this section contacts the superintendent of another district for
purposes of this division; 3,655
(b) The superintendents of both districts enter into a 3,658
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 3,660
physical or mental well-being or to deal with other extenuating 3,661
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 3,663
student who is not receiving special education under Chapter 3,664
3323. of the Revised Code and notwithstanding Chapter 3327. of 3,665
the Revised Code, the board of education of neither school 3,666
district involved in the agreement is required to provide 3,667
transportation for the student to and from the school where the 3,668
student attends.
A student attending a school of a district pursuant to this 3,670
division shall be allowed to participate in all student 3,671
activities, including interscholastic athletics, at the school 3,672
where the student is attending on the same basis as any student 3,673
82
who has always attended the schools of that district while of 3,674
compulsory school age.
(G) A board of education, after approving admission, may 3,676
waive tuition for students who will temporarily reside in the 3,677
district and who are either of the following: 3,678
(1) Residents or domiciliaries of a foreign nation who 3,680
request admission as foreign exchange students; 3,681
(2) Residents or domiciliaries of the United States but 3,683
not of Ohio who request admission as participants in an exchange 3,684
program operated by a student exchange organization. 3,685
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3,687
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 3,688
attend school or participate in a special education program in a 3,689
school district other than in the district where the child is 3,690
entitled to attend school under division (B) of this section. 3,691
(I) This division does not apply to a child receiving 3,693
special education. 3,694
A school district required to pay tuition pursuant to 3,696
division (C)(2) or (3) of this section or section 3313.65 of the 3,697
Revised Code shall have an amount deducted under division (F) of 3,699
section 3317.023 of the Revised Code equal to its own tuition 3,700
rate for the same period of attendance. A school district 3,701
entitled to receive tuition pursuant to division (C)(2) or (3) of 3,702
this section or section 3313.65 of the Revised Code shall have an 3,703
amount credited under division (F) of section 3317.023 of the 3,705
Revised Code equal to its own tuition rate for the same period of 3,706
attendance. If the tuition rate credited to the district of 3,707
attendance exceeds the rate deducted from the district required 3,708
to pay tuition, the department of education shall pay the 3,709
district of attendance the difference from amounts deducted from 3,710
all districts' payments under division (F) of section 3317.023 of 3,712
the Revised Code but not credited to other school districts under 3,713
such division and from appropriations made for such purpose. The 3,714
treasurer of each school district shall, by the fifteenth day of 3,715
83
January and July, furnish the superintendent of public 3,716
instruction a report of the names of each child who attended the 3,717
district's schools under divisions (C)(2) and (3) of this section 3,718
or section 3313.65 of the Revised Code during the preceding six 3,719
calendar months, the duration of the attendance of those 3,720
children, the school district responsible for tuition on behalf 3,721
of the child, and any other information that the superintendent 3,722
requires. 3,723
Upon receipt of the report the superintendent, pursuant to 3,725
division (F) of section 3317.023 of the Revised Code, shall 3,726
deduct each district's tuition obligations under divisions (C)(2) 3,727
and (3) of this section or section 3313.65 of the Revised Code 3,728
and pay to the district of attendance that amount plus any amount 3,729
required to be paid by the state. 3,730
(J) In the event of a disagreement, the superintendent of 3,732
public instruction shall determine the school district in which 3,733
the parent resides. 3,734
(K) Nothing in this section requires or authorizes, or 3,736
shall be construed to require or authorize, the admission to a 3,737
public school in this state of a pupil who has been permanently 3,738
excluded from public school attendance by the superintendent of 3,739
public instruction pursuant to sections 3301.121 and 3313.662 of 3,740
the Revised Code. 3,741
Sec. 4112.12. (A) There is hereby created the commission 3,750
on African-American males, which shall consist of not more than 3,751
forty-one members as follows: the directors or their designees 3,752
of the departments of health, development, alcohol and drug 3,753
addiction services, human JOB AND FAMILY services, rehabilitation 3,755
and correction, mental health, and youth services; the 3,756
administrator or the administrator's designee of the bureau of 3,757
employment services; the adjutant general or the adjutant 3,759
general's designee; the equal employment opportunity officer of 3,760
the department of administrative services or the equal employment 3,762
opportunity officer's designee; the executive director or the 3,763
84
executive director's designee of the Ohio civil rights 3,764
commission; the director or the director's designee of the office 3,767
of criminal justice services; the superintendent of public
instruction; the chancellor or the chancellor's designee of the 3,769
Ohio board of regents; two members of the house of 3,770
representatives appointed by the speaker of the house of 3,771
representatives; three members of the senate appointed by the 3,772
president of the senate; and not more than twenty-two 3,773
TWENTY-THREE members appointed by the governor. The members 3,774
appointed by the governor shall include AN ADDITIONAL MEMBER OF 3,775
THE GOVERNOR'S CABINET AND at least one representative of each of 3,777
the following: the national association for the advancement of 3,778
colored people; the urban league; an organization representing 3,779
black elected officials; an organization representing black 3,780
attorneys; the black religious community; the black business 3,781
community; the nonminority business community; and organized 3,782
labor; at least one black medical doctor, one black elected 3,783
member of a school board, and one black educator; and at least 3,784
two representatives of local private industry councils. The 3,785
remaining members that may be appointed by the governor shall be 3,786
selected from elected officials, civic and community leaders, and 3,787
representatives of the employment, criminal justice, education, 3,788
and health communities.
(B) Terms of office shall be for three years, with each 3,792
term ending on the same day of the same month as did the term 3,793
that it succeeds. Each member shall hold office from the date of 3,794
appointment until the end of the term for which the member was 3,795
appointed. Members may be reappointed. Vacancies shall be 3,796
filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the 3,797
expiration date of the term for which the member's predecessor 3,799
was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the 3,800
expiration date of the member's term until the member's successor 3,802
85
takes office or until a period of sixty days has elapsed, 3,803
whichever occurs first.
The commission annually shall elect a chairperson from 3,806
among its members.
(C) Members of the commission and members of subcommittees 3,808
appointed under division (B) of section 4112.13 of the Revised 3,809
Code shall not be compensated, but shall be reimbursed for their 3,810
necessary and actual expenses incurred in the performance of 3,811
their official duties. 3,812
(D)(1) The Ohio civil rights commission shall serve as the 3,815
commission on African-American males' fiscal agent and shall 3,817
perform all of the following services:
(a) Prepare and process payroll and other personnel 3,819
documents that the commission on African-American males approves; 3,820
(b) Maintain ledgers of accounts and reports of account 3,822
balances, and monitor budgets and allotment plans in consultation 3,823
with the commission on African-American males; 3,824
(c) Perform other routine support services that the 3,826
executive director of the Ohio civil rights commission or the 3,828
executive director's designee and the Commission on 3,829
African-American males or its designee consider appropriate to 3,830
achieve efficiency.
(2) The Ohio civil rights commission shall not approve any 3,832
payroll or other personnel-related documents or any biennial 3,833
budget, grant, expenditure, audit, or fiscal-related document 3,834
without the advice and consent of the commission on 3,835
African-American males. 3,837
(3) The Ohio civil rights commission shall determine fees 3,839
to be charged to the commission on African-American males for 3,840
services performed under this division, which shall be in 3,841
proportion to the services performed for the commission on 3,842
African-American males. 3,843
(4) The commission on African-American males or its 3,845
designee has: 3,847
86
(a) Sole authority to draw funds for any federal program 3,850
in which the commission is authorized to participate; 3,851
(b) Sole authority to expend funds from accounts for 3,853
programs and any other necessary expenses the commission on 3,854
African-American males may incur; 3,856
(c) The duty to cooperate with the Ohio civil rights 3,858
commission to ensure that the Ohio civil rights commission is 3,859
fully apprised of all financial transactions. 3,860
(E) The commission on African-American males shall appoint 3,862
an executive director, who shall be in the unclassified civil 3,863
service. The executive director shall supervise the commission's 3,864
activities and report to the commission on the progress of those 3,865
activities. The executive director shall do all things necessary 3,866
for the efficient and effective implementation of the duties of 3,867
the commission. 3,868
The responsibilities assigned to the executive director do 3,870
not relieve the members of the commission from final 3,871
responsibility for the proper performance of the requirements of 3,872
this division.
(F) The commission on African-American males shall: 3,875
(1) Employ, promote, supervise, and remove all employees, 3,877
as needed, in connection with the performance of its duties under 3,878
this section; 3,879
(2) Maintain its office in Columbus; 3,881
(3) Acquire facilities, equipment, and supplies necessary 3,883
to house the commission, its employees, and files and records 3,884
under its control, and to discharge any duty imposed upon it by 3,885
law. The expense of these acquisitions shall be audited and paid 3,886
for in the same manner as other state expenses. 3,887
(4) Prepare and submit to the office of budget and 3,889
management a budget for each biennium in accordance with sections 3,890
101.55 and 107.03 of the Revised Code. The budget submitted 3,891
shall cover the costs of the commission and its staff in the 3,892
discharge of any duty imposed upon the commission by law. The 3,893
87
commission shall pay its own payroll and other operating expenses 3,894
from appropriation items designated by the general assembly. The 3,895
commission shall not delegate any authority to obligate funds. 3,896
(5) Establish the overall policy and management of the 3,898
commission in accordance with this chapter; 3,899
(6) Follow all state procurement requirements; 3,901
(7) Pay fees owed to the Ohio civil rights commission 3,903
under division (D) of this section from the commission on 3,904
African-American males' general revenue fund or from any other 3,906
fund from which the operating expenses of the commission on 3,907
African-American males are paid. Any amounts set aside for a 3,909
fiscal year for the payment of such fees shall be used only for 3,910
the services performed for the commission on African-American 3,911
males by the Ohio civil rights commission in that fiscal year. 3,912
(G) The commission on African-American males may: 3,915
(1) Hold sessions at any place within the state; 3,917
(2) Establish, change, or abolish positions, and assign 3,919
and reassign duties and responsibilities of any employee of the 3,920
commission on African-American males as necessary to achieve the 3,921
most efficient performance of its functions. 3,922
Sec. 4141.04. The Ohio state employment service is hereby 3,931
established as a division of the bureau of employment DIRECTOR OF 3,932
JOB AND FAMILY services and shall establish and maintain free OR 3,934
ENSURE THE EXISTENCE OF public employment offices THAT ARE FREE 3,936
TO THE GENERAL PUBLIC. THESE OFFICES SHALL EXIST in such number 3,937
and in such places as are necessary for the proper administration 3,938
of sections 4141.01 to 4141.46 of the Revised Code THIS CHAPTER, 3,939
to perform such duties as are within the purview of the act of 3,941
congress entitled "an act to provide for the establishment of a 3,942
national employment system and for cooperation with the states in 3,943
the promotion of such system, and for other purposes," approved 3,944
June 6, 1933, as amended, WHICH IS KNOWN AS THE "WAGNER-PEYSER 3,945
ACT." The division shall be administered by a full-time salaried 3,947
director, who shall cooperate with any official or agency of the 3,948
88
United States having powers or duties under said THAT act of 3,949
congress and shall do and perform all things necessary to secure 3,951
to this state the benefits of said THAT act of congress in the 3,952
promotion and maintenance of a system of public employment 3,954
offices. Said THAT act of congress is hereby accepted by this 3,956
state, in conformity with sections 4141.23 to 4141.26 of the 3,957
Revised Code THAT ACT OF CONGRESS AND TITLE III OF THE "SOCIAL 3,958
SECURITY ACT," AND THE "FEDERAL UNEMPLOYMENT TAX ACT," 26 3,960
U.S.C.A. 3301, AS AMENDED, and this state will observe and comply 3,961
with the requirements thereof. The Ohio state employment service 3,962
DEPARTMENT OF JOB AND FAMILY SERVICES is hereby designated and 3,963
constituted the agency of this state for the purposes of said 3,964
THAT act OF CONGRESS. 3,965
The administrator of the bureau of employment services 3,967
DIRECTOR may cooperate with or enter into agreements with the 3,969
railroad retirement board with respect to the establishment, 3,970
maintenance, and use of free employment service facilities THAT 3,971
ARE FREE TO THE GENERAL PUBLIC. The administrator shall appoint 3,973
the director, other officers, and employees of the Ohio state 3,974
employment service. Such appointment shall be made in accordance 3,975
with regulations prescribed by the director of the United States 3,976
employment service.
All moneys received by this state under said THE act of 3,978
congress KNOWN AS THE WAGNER-PEYSER ACT shall be paid into the 3,981
special employment service account in the unemployment 3,982
compensation administration fund, and said THOSE moneys are 3,983
hereby made available to the Ohio state employment service 3,984
DIRECTOR to be expended as provided by this section and by said 3,986
THAT act of congress. For the purpose of establishing and 3,987
maintaining free public employment offices THAT ARE FREE TO THE 3,988
GENERAL PUBLIC, the division DIRECTOR may enter into agreements 3,990
with the railroad retirement board or any other agency of the 3,991
United States charged with the administration of an unemployment 3,992
compensation law, with any political subdivision of this state, 3,993
89
or with any private, nonprofit organization and as a part of any 3,994
such agreement the administrator DIRECTOR may accept moneys, 3,995
services, or quarters as a contribution to the employment service 3,997
account.
THE DIRECTOR SHALL MAINTAIN LABOR MARKET INFORMATION AND 3,999
EMPLOYMENT STATISTICS AS NECESSARY FOR THE ADMINISTRATION OF THIS 4,000
CHAPTER.
The administrator of the bureau of employment services 4,002
DIRECTOR shall appoint an individual from the employment service 4,003
division EMPLOYEE OF THE DEPARTMENT to serve as an ex officio 4,005
member of the governor's council to maintain a liaison between 4,006
the bureau of employment services DEPARTMENT and the governor's 4,008
council on people with disabilities.
Sec. 4141.042. (A) There is created within the bureau of 4,017
employment services a women's division, whose THE director OF JOB 4,019
AND FAMILY SERVICES shall be appointed by the administrator. 4,020
(B) The women's division shall TAKE AFFIRMATIVE STEPS TO 4,022
promote programs to improve the employment competencies AND 4,024
UPWARD MOBILITY of women and to enhance their employment 4,026
opportunities, giving. THE DIRECTOR SHALL PLACE particular 4,027
attention to EMPHASIS ON education, child care, labor conditions, 4,028
equality of entrance requirements, and eligibility for promotion. 4,029
In pursuance thereof, the division DIRECTOR shall: 4,030
(1)(A) Serve as a clearinghouse for information; 4,032
(2)(B) Assist state and local government agencies 4,034
WORKFORCE DEVELOPMENT PROVIDERS in improving the employment 4,036
competencies of and opportunities for women. 4,037
(C) The division also may: 4,039
(1) Conduct studies and research on subjects related to 4,041
its functions and responsibilities; 4,042
(2)(C) Evaluate and make recommendations to the 4,044
administrator DIRECTOR regarding legislation affecting the 4,046
employment competencies of and opportunities for women. 4,047
Sec. 4141.046. No compensation or fee, either directly or 4,056
90
indirectly, shall be charged or received from any person seeking 4,057
employment or any person desiring to employ labor through a free 4,058
public employment office DESCRIBED IN SECTION 4141.04 OF THE 4,059
REVISED CODE. No officer or employee of the Ohio state 4,061
employment service PERSON shall violate this section. 4,062
Sec. 4141.06. There is hereby created an unemployment 4,071
compensation review commission consisting of three full-time 4,072
members appointed by the governor, with the advice and consent of 4,073
the senate. Terms of office shall be staggered and shall be for 4,074
six years, commencing on the twenty-eighth day of February and 4,076
ending on the twenty-seventh day of February. Each member shall 4,077
hold office from the date of appointment until the end of the 4,078
term for which the member was appointed. Any member appointed to 4,079
fill a vacancy occurring prior to the expiration of the term for 4,080
which the member's predecessor was appointed shall hold office 4,081
for the remainder of such term. Any member shall continue in 4,082
office subsequent to the expiration date of the member's term 4,083
until the member's successor takes office, or until a period of 4,084
sixty days has elapsed, whichever occurs first. The chairperson 4,085
of the commission and each member shall be paid a salary fixed
pursuant to section 124.14 of the Revised Code. The governor, at 4,087
any time, may remove any member for inefficiency, neglect of
duty, malfeasance, misfeasance, or nonfeasance in office. 4,088
Not more than one of the appointees to the commission shall 4,090
be a person who, on account of the appointee's previous vocation, 4,091
employment, or affiliations, can be classed as a representative 4,092
of employers, and not more than one of the appointees shall be a 4,093
person who, on account of the appointee's previous vocation, 4,094
employment, or affiliations, can be classed as a representative 4,095
of employees. Not more than two of the members of the commission 4,096
shall belong to the same political party. No member of the 4,097
commission shall hold any position of trust or profit or engage 4,098
in any occupation or business interfering or inconsistent with 4,099
the member's duties as a member and no member shall serve on any 4,100
91
committee of any political party. The commission shall elect a 4,101
chairperson and a vice-chairperson. The vice-chairperson shall 4,102
exercise the powers of the chairperson in the chairperson's 4,103
absence.
No commission member shall participate in the disposition 4,105
of any appeal in which the member has an interest in the 4,106
controversy. Challenges to the interest of any commission member 4,108
may be made by any interested party defined in division (I) of 4,109
section 4141.01 of the Revised Code and shall be in writing. All 4,110
challenges shall be decided by the chairperson of the advisory 4,111
council, who, if the challenge is found to be well taken, shall 4,112
advise the governor, who shall appoint a member of the advisory 4,113
council representing the same affiliations to act and receive the 4,114
same compensation for serving in place of such member. 4,115
The commission may appoint a secretary to hold office at 4,117
its pleasure. The secretary shall have such powers and shall 4,119
perform such duties as the commission prescribes and shall keep a 4,120
record of the proceedings of the commission and of its 4,121
determinations. The secretary shall receive a salary fixed 4,123
pursuant to section 124.14 of the Revised Code. Notwithstanding
division (A)(8) of section 124.11 of the Revised Code, each 4,125
member of the commission may appoint a private secretary who 4,126
shall be in the classified service of the state and hold office 4,127
at the pleasure of such member. 4,128
Two members of the commission constitute a quorum and no 4,130
action of the commission is valid unless it has the concurrence 4,131
of at least two members. A vacancy on the commission does not 4,132
impair the right of a quorum to exercise all the rights and 4,133
perform all the duties of the commission. 4,134
Hearings before the commission are held at the hearing 4,136
officer level and the review level. Unless otherwise provided in 4,137
this chapter, initial hearings involving claims for compensation 4,138
and other unemployment compensation issues are conducted at the 4,139
hearing officer level by hearing officers appointed by the 4,140
92
commission. Hearings at the review level are conducted by 4,141
hearing officers appointed by the commission, by members of the 4,142
commission acting either individually or collectively, and by 4,143
members of the commission and hearing officers acting jointly. 4,144
In all hearings conducted at the review level, the commission 4,145
shall designate the hearing officer or officers who are to
conduct the hearing. When the term "hearing officer" is used in 4,146
reference to hearings conducted at the review level, the term 4,147
includes members of the commission. All decisions issued at the 4,148
review level are issued by the commission.
The commission and its hearing officers shall hear appeals 4,150
arising from determinations of the administrator DIRECTOR of the 4,151
bureau of employment JOB AND FAMILY services involving claims for 4,153
compensation and other unemployment compensation issues. The 4,154
commission shall adopt, amend, or rescind rules of procedure, and 4,156
undertake such investigations, and take such action required for 4,157
the hearing and disposition of appeals as it deems necessary and 4,158
consistent with sections 4141.01 to 4141.46 of the Revised Code 4,159
THIS CHAPTER. The rules adopted by the commission shall be 4,160
effective to the extent that the rules are consistent with such 4,161
sections THIS CHAPTER. 4,162
The commission, subject to Chapter 124. of the Revised 4,164
Code, and with the approval of the governor, shall appoint such 4,165
hearing officers as are necessary. The hearing officers shall be 4,167
classified by the department of administrative services. Any 4,169
promotions or increases in compensation of the hearing officers 4,171
may be recommended by the commission subject to classifications 4,172
which are made by the department OF ADMINISTRATIVE SERVICES. The 4,173
members of the commission and hearing officers may conduct 4,175
hearings for unemployment compensation appeals coming before the 4,176
commission. The members and hearing officers may exercise all 4,177
powers provided by section 4141.17 of the Revised Code. 4,179
The commission, subject to Chapter 124. of the Revised 4,181
Code, may employ such support personnel as are needed to carry 4,184
93
out the duties of the commission. The salaries of such employees 4,185
are fixed pursuant to section 124.14 of the Revised Code. The 4,187
commission shall further provide itself and its employees with 4,188
such offices, equipment, and supplies as are necessary, using 4,189
those already provided for the central office of the bureau or 4,190
its branch offices DEPARTMENT OF JOB AND FAMILY SERVICES wherever 4,191
possible. 4,192
The commission shall have access to all ONLY the records of 4,194
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,196
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER AND needed 4,197
in the performance of its official duties. The commission shall 4,198
have the right to request of the administrator DIRECTOR necessary 4,199
information from any division WORK UNIT of the bureau DEPARTMENT 4,201
having that information.
The commission shall prepare and submit to the 4,203
administrator DIRECTOR an annual budget financing the costs 4,205
necessary to administer its duties under this chapter. The fund 4,206
request shall relate to, but not be limited to, the United States 4,207
department of labor's allocations for the commission's functions. 4,208
The administrator DIRECTOR shall approve the commission's request 4,210
unless funds are insufficient to finance the request. The 4,211
administrator DIRECTOR shall notify the commission of the amount 4,213
of funds available for its operation, as soon as possible, but 4,214
not later than thirty days after receiving the allocation from 4,215
the United States department of labor.
In the event that the administrator DIRECTOR determines 4,217
that sufficient funds are not available to approve the request as 4,218
submitted and a revised budget is not agreed to within thirty 4,219
days of the administrator's DIRECTOR'S notification to the 4,220
commission, the director of budget and management shall review 4,222
and determine the funding levels for the commission and notify 4,223
the commission and the administrator DIRECTOR of its THE 4,224
determination BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 4,225
Sec. 4141.08. (A) There is hereby created an unemployment 4,234
94
compensation advisory council appointed as follows: 4,235
(1) Three members who on account of their vocation, 4,237
employment, or affiliations can be classed as representative of 4,238
employers and three members who on account of their vocation, 4,239
employment, or affiliation can be classed as representatives of 4,240
employees appointed by the governor with the advice and consent 4,241
of the senate. All appointees shall be persons whose training 4,242
and experience qualify them to deal with the difficult problems 4,243
of unemployment compensation, particularly with respect to the 4,244
legal, accounting, actuarial, economic, and social aspects of 4,245
unemployment compensation; 4,246
(2) The chairpersons of the standing committees of the 4,248
senate and the house of representatives to which legislation 4,249
pertaining to Chapter 4141. of the Revised Code is customarily 4,250
referred;
(3) Two members of the senate appointed by the president 4,252
of the senate; and 4,253
(4) Two members of the house of representatives appointed 4,256
by the speaker of the house of representatives.
The speaker and the president shall arrange that of the six 4,258
legislative members appointed to the council, not more than three 4,260
are members of the same political party.
(B) Members appointed by the governor shall serve for a 4,262
term of four years, each term ending on the same day as the date 4,263
of their original appointment. Legislative members shall serve 4,264
during the session of the general assembly to which they are 4,265
elected and for as long as they are members of the general 4,266
assembly. Vacancies shall be filled in the same manner as the 4,267
original appointment but only for the unexpired part of a term. 4,268
(C) Members of the council shall serve without salary but, 4,271
notwithstanding section 101.26 of the Revised Code, shall be paid 4,272
fifty dollars per day each and their actual and necessary
expenses while engaged in the performance of their duties as 4,273
members of the council which shall be paid from funds allocated 4,275
95
to pay the expenses of the council pursuant to this section. 4,277
(D) The council shall organize itself and select a 4,279
chairperson or co-chairpersons and other officers and committees 4,281
as it considers necessary. Seven members constitute a quorum and 4,282
the council may act only upon the affirmative vote of seven 4,283
members. The council shall meet at least once each calendar 4,284
quarter but it may meet more often as the council considers 4,285
necessary or at the request of the chairperson. 4,286
(E) The council may employ professional and clerical 4,288
assistance as it considers necessary and may request of the 4,289
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 4,291
services assistance as it considers necessary. The administrator 4,292
DIRECTOR shall furnish the council with office and meeting space 4,294
as requested by the council. 4,295
(F) The administrator DIRECTOR shall pay the operating 4,297
expenses of the council as determined by the council from moneys 4,299
in the unemployment compensation special administrative fund 4,300
established in section 4141.11 of the Revised Code. 4,301
(G) The council shall have access to ONLY the records of 4,303
the bureau DEPARTMENT of employment JOB AND FAMILY services THAT 4,306
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER and to the 4,307
reasonable services of the employees of the bureau DEPARTMENT. 4,308
It may request the administrator DIRECTOR, or any of the 4,310
employees appointed by the administrator DIRECTOR, or any 4,311
employer or employee subject to Chapter 4141. of the Revised Code 4,313
THIS CHAPTER, to appear before it and to testify relative to the 4,314
functioning of such sections THIS CHAPTER and to other relevant 4,315
matters. The council may conduct research of its own, make and 4,317
publish reports, and recommend to the administrator DIRECTOR, the 4,318
unemployment compensation review commission, the governor, or the 4,320
general assembly needed changes in Chapter 4141. of the Revised 4,321
Code THIS CHAPTER, or in the rules of the bureau DEPARTMENT as it 4,323
considers necessary.
Sec. 4141.10. (A) There is hereby created the 4,332
96
unemployment compensation administration fund as a special fund 4,333
in the state treasury. All moneys which THAT are deposited or 4,334
paid into this fund are available to the bureau DIRECTOR of 4,336
employment JOB AND FAMILY services ONLY FOR THE ADMINISTRATION OF 4,338
THIS CHAPTER. All moneys in this fund which THAT are received 4,339
from the United States or any agency thereof or which THAT are 4,341
appropriated by this state for the purposes described in section 4,343
4141.04 of the Revised Code, shall be expended solely for the 4,344
purposes and in the amounts found necessary by the proper agency 4,345
of the United States for the proper and efficient administration 4,346
of sections 4141.01 to 4141.46, inclusive, of the Revised Code 4,347
THIS CHAPTER. The fund shall consist of all moneys appropriated 4,349
by this state, and all moneys received from the United States or 4,350
any agency thereof, including the proper agency of the United 4,351
States, the railroad retirement board, and the United States 4,352
employment service DEPARTMENT OF LABOR, or from any other source, 4,354
for such purpose, except that moneys received from the railroad 4,355
retirement board as compensation for services or facilities 4,356
supplied to said THAT board shall be paid into this fund or the 4,358
special employment service account thereof, provided for in
division (B) of this section, on the same basis as expenditures 4,359
are made for such services or facilities from such fund and 4,360
account. All moneys in this fund shall be deposited, 4,361
administered, and disbursed in the same manner and under the same 4,362
conditions and requirements as are other special funds in the 4,363
state treasury. The treasurer of state is liable on his THE 4,364
TREASURER OF STATE'S official bond for the faithful performance 4,366
of his THE TREASURER OF STATE'S duties in connection with this 4,368
fund. Any balances in this fund shall not lapse at any time, but 4,369
shall be continuously available to the bureau DIRECTOR for 4,370
expenditure.
(B) A special employment service account shall be 4,372
maintained as a part of the fund for the purpose of maintaining 4,373
the public employment offices established pursuant to section 4,374
97
4141.04 of the Revised Code and for the purpose of co-operating 4,375
with the United States employment service. 4,376
(C) If any moneys received after June 30, 1941, from the 4,378
proper agency of the United States under title TITLE III of the 4,380
"Social Security Act," or any unencumbered balances in the fund 4,381
as of that date, or any moneys granted after that date to this 4,382
state pursuant to the Wagner-Peyser acts, or any moneys made 4,383
available by this state or its political subdivisions and matched 4,384
by such moneys granted to this state pursuant to the 4,385
Wagner-Peyser acts are found by the proper agency of the United 4,386
States because of any action or contingency, to have been lost or 4,387
expended for purposes other than, or in amounts in excess of, 4,388
those found necessary by the proper agency of the United States 4,389
for the proper administration of sections 4141.01 to 4141.46, 4,390
inclusive, of the Revised Code THIS CHAPTER, such moneys shall be 4,391
replaced by moneys appropriated for such purpose from the general 4,393
funds of this state to the unemployment compensation 4,394
administration fund for expenditure as provided in division (A) 4,395
of this section. Upon receipt of notice of such a finding by the 4,396
proper agency of the United States, the administrator of the 4,397
bureau of employment services DIRECTOR shall promptly report the 4,398
amount required for such replacement to the governor and the 4,400
governor shall at the earliest opportunity submit to the general 4,401
assembly a request for the appropriation of such amount. 4,402
Division (C) of this section does not relieve this state of its 4,403
obligation with respect to funds received prior to July 1, 1941, 4,404
pursuant to title III of the "Social Security Act." 4,405
Sec. 4141.13. In addition to all other duties imposed on 4,414
the administrator DIRECTOR of the bureau of employment JOB AND 4,416
FAMILY services and powers granted by this chapter, the 4,418
administrator DIRECTOR may: 4,419
(A) Adopt and enforce reasonable rules relative to the 4,421
exercise of the administrator's DIRECTOR'S powers and authority, 4,422
and proper rules to govern the administrator's DIRECTOR'S 4,424
98
proceedings and to regulate the mode and manner of all 4,426
investigations and hearings; 4,427
(B) Prescribe the time, place, and manner of making claims 4,429
for benefits under such sections, the kind and character of 4,430
notices required thereunder, the procedure for investigating, 4,431
hearing, and deciding claims, the nature and extent of the proofs 4,432
and evidence and the method of furnishing and taking such proofs 4,433
and evidence to establish the right to benefits, and the method 4,434
and time within which adjudication and awards shall be made; 4,435
(C) Adopt rules with respect to the collection, 4,437
maintenance, and disbursement of the unemployment and 4,438
administrative funds; 4,439
(D) Amend and modify any of the administrator's DIRECTOR'S 4,441
rules from time to time in such respects as the administrator 4,444
DIRECTOR finds necessary or desirable; 4,445
(E) Employ, subject to Chapter 124. of the Revised Code, 4,447
secretaries, deputies, accountants, managers of district offices, 4,448
clerks, stenographers, and other assistants that are required for 4,449
the administration of this chapter, sections 4101.25 to 4101.30 4,451
and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of 4,452
the Revised Code, and determine their salaries and duties; 4,453
provided that notwithstanding Chapter 124. of the Revised Code, 4,454
no provisional appointments shall extend for a period of more 4,455
than six months, except that for the duration of the war 4,456
emergency such provisional appointments may be extended upon 4,457
compliance with the personnel standards of the proper agency of 4,458
the United States relating thereto, and such six months 4,459
limitation does not apply to the appointment of employees engaged 4,460
in the physical maintenance of buildings occupied by the bureau 4,461
of employment services; AUTHORIZE A DESIGNEE TO HOLD OR UNDERTAKE 4,462
AN INVESTIGATION, INQUIRY, OR HEARING THAT THE DIRECTOR IS 4,463
AUTHORIZED TO HOLD OR UNDERTAKE. AN ORDER OF A DESIGNEE 4,464
AUTHORIZED PURSUANT TO THIS SECTION IS THE ORDER OF THE DIRECTOR. 4,465
(F) Appoint advisors or advisory employment committees, by 4,467
99
local districts or by industries, who shall, without compensation 4,468
but with reimbursements for necessary expenses, assist the 4,469
administrator DIRECTOR in the execution of the administrator's 4,471
DIRECTOR'S duties; 4,472
(G) Require all employers, including employers not 4,474
otherwise subject to this chapter, to furnish to the 4,475
administrator DIRECTOR information concerning the amount of wages 4,477
paid, the number of employees employed and the regularity of 4,478
their employment, the number of employees hired, laid off, and
discharged from time to time and the reasons therefor and the 4,479
numbers that quit voluntarily, and other and further information 4,480
respecting any other facts required for the proper administration 4,481
of this chapter; 4,482
(H) Classify generally industries, businesses, 4,484
occupations, and employments, and employers individually, as to 4,485
the hazard of unemployment in each business, industry, 4,486
occupation, or employment, and as to the particular hazard of 4,487
each employer, having special reference to the conditions of 4,488
regularity and irregularity of the employment provided by such 4,489
employer and of the fluctuations in payrolls of such employer; 4,490
(I) Determine the contribution rates upon employers 4,492
subject to this chapter, and provide for the levy and collection 4,494
of the contributions from such employers; 4,495
(J) Receive, hear, and decide claims for unemployment 4,497
benefits, and provide for the payment of such claims as are 4,498
allowed; 4,499
(K) Promote the regularization of employment and the 4,501
prevention of unemployment; 4,502
(L) Encourage and assist in the adoption of practical 4,504
methods of vocational training, retraining, and vocational 4,505
guidance; 4,506
(M) Investigate, recommend, and advise and assist in the 4,508
establishment and operation by municipal corporations, counties, 4,509
school districts, and the state of prosperity reserves of public 4,510
100
work to be prosecuted in times of business depression and 4,511
unemployment; 4,512
(N) Promote the re-employment of unemployed workers 4,514
throughout the state in any other way that may be feasible, and 4,515
take all appropriate steps within the administrator's DIRECTOR'S 4,516
means to reduce and prevent unemployment; 4,519
(O) Carry on and publish the results of any investigations 4,521
and research that the administrator DIRECTOR deems relevant; 4,522
(P) Make such reports to the proper agency of the United 4,524
States created by the "Social Security Act" as that agency 4,525
requires, and comply with such provisions as the agency finds 4,526
necessary to assure the correctness and verification of such 4,527
reports; 4,528
(Q) Make available upon request to any agency of the 4,530
United States charged with the administration of public works or 4,531
assistance through public employment the name, address, ordinary 4,532
occupation, and employment status of each recipient of 4,533
unemployment benefits under this chapter, and a statement of such 4,534
recipient's rights to further benefits under this chapter; 4,537
(R) Make such investigations, secure and transmit such 4,539
information, make available such services and facilities, and 4,540
exercise such of the other powers provided by this section with 4,541
respect to the administration of this chapter, as the 4,542
administrator DIRECTOR deems necessary or appropriate to 4,544
facilitate the administration of the unemployment compensation 4,545
law or public employment service laws of this state and of other 4,546
states and the United States, and in like manner accept and 4,547
utilize information, services, and facilities made available to 4,548
this state by the agency charged with the administration of any 4,549
such other unemployment compensation or public employment service 4,550
laws; 4,551
(S) Enter into or cooperate in arrangements whereby 4,553
facilities and services provided under the unemployment 4,554
compensation law of Canada may be utilized for the taking of 4,556
101
claims and the payment of benefits under the unemployment 4,557
compensation law of this state or under a similar law of Canada; 4,558
(T) Transfer surplus computers and computer equipment 4,560
directly to a chartered public school within the state, 4,561
notwithstanding sections 125.12 to 125.14 of the Revised Code. 4,562
The computers and computer equipment may be repaired or
refurbished prior to the transfer, and the public school may be 4,563
charged a service fee not to exceed the direct cost of repair or 4,564
refurbishing.
Sec. 4141.162. (A) The administrator DIRECTOR of the 4,573
bureau of employment JOB AND FAMILY services shall establish an 4,575
income and eligibility verification system that complies with 4,577
section 1137 of the "Social Security Act." The programs included 4,578
in the system are ALL OF THE FOLLOWING: 4,579
(1) Unemployment compensation pursuant to section 3304 of 4,581
the "Internal Revenue Code of 1954"; 4,582
(2) The state programs funded in part under part A of 4,584
Title IV of the "Social Security Act" and administered under 4,585
Chapters 5107. and 5108. of the Revised Code; 4,586
(3) Medicaid pursuant to Title XIX of the "Social Security 4,589
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 4,591
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 4,592
(5) Any Ohio program under a plan approved under Title I, 4,594
X, XIV, or XVI of the "Social Security Act." 4,595
Wage information provided by employers to the bureau 4,597
DIRECTOR shall be furnished to the income and eligibility 4,599
verification system. Such information shall be used by the 4,600
bureau DIRECTOR to determine eligibility of individuals for 4,602
unemployment compensation benefits and the amount of those 4,603
benefits and used by the agencies that administer the programs 4,604
identified in divisions (A)(2) to (5) of this section to 4,605
determine or verify eligibility for or the amount of benefits 4,606
under those programs.
102
The bureau DIRECTOR shall fully implement the use of wage 4,608
information to determine eligibility for and the amount of 4,609
unemployment compensation benefits by September 30, 1988. 4,610
Information furnished under the system shall also be made 4,612
available to the appropriate state or local child support 4,613
enforcement agency for the purposes of an approved plan under 4,614
Title IV-D of the "Social Security Act" and to the appropriate 4,616
federal agency for the purposes of Titles II and XVI of the 4,617
"Social Security Act."
(B) The administrator DIRECTOR shall adopt rules as 4,619
necessary under which the bureau of employment services, the 4,621
department of human JOB AND FAMILY services, and other state 4,623
agencies THAT the administrator DIRECTOR determines must 4,625
participate in order to ensure compliance with section 1137 of 4,626
the "Social Security Act" exchange information with each other or 4,627
authorized federal agencies about individuals who are applicants 4,628
for or recipients of benefits under any of the programs 4,629
enumerated in division (A) of this section. The rules shall 4,630
extend to ALL OF THE FOLLOWING:
(1) A requirement for standardized formats and procedures 4,632
for a participating agency to request and receive information 4,633
about an individual, which information shall include the 4,634
individual's social security number; 4,635
(2) A requirement that all applicants for and recipients 4,637
of benefits under any program enumerated in division (A) of this 4,638
section be notified at the time of application, and periodically 4,639
thereafter, that information available through the system may be 4,640
shared with agencies that administer other benefit programs and 4,641
utilized in establishing or verifying eligibility or benefit 4,642
amounts under the other programs enumerated in division (A) of 4,643
this section; 4,644
(3) A requirement that information is made available only 4,646
to the extent necessary to assist in the valid administrative 4,647
needs of the program receiving the information and is targeted 4,648
103
for use in ways which are most likely to be productive in 4,649
identifying and preventing ineligibility and incorrect payments; 4,650
(4) A requirement that information is adequately protected 4,652
against unauthorized disclosures for purposes other than to 4,653
establish or verify eligibility or benefit amounts under the 4,654
programs enumerated in division (A) of this section; 4,655
(5) A requirement that a program providing information is 4,657
reimbursed by the program using the information for the actual 4,658
costs of furnishing the information and that the administrator 4,659
DIRECTOR be reimbursed by the participating programs for any 4,661
actual costs incurred in operating the system; 4,662
(6) Requirements for any other matters necessary to ensure 4,664
the effective, efficient, and timely exchange of necessary 4,665
information or that the administrator DIRECTOR determines must be 4,667
addressed in order to ensure compliance with the requirements of 4,668
section 1137 of the "Social Security Act." 4,669
(C) Each participating agency shall furnish to the income 4,671
and eligibility verification system established in division (A) 4,672
of this section that information, which the administrator 4,673
DIRECTOR, by rule, determines is necessary in order to comply 4,675
with section 1137 of the "Social Security Act." 4,676
(D) Notwithstanding the information disclosure 4,678
requirements of this section and sections 4141.16, 4141.161, 4,679
SECTION 4141.21, and division (D)(4)(a) of section 4141.28 of the 4,681
Revised Code, the administrator DIRECTOR shall administer those 4,682
provisions of law so as to comply with section 1137 of the 4,684
"Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 4,686
with respect to confidentiality of information obtained in the 4,687
administration of Chapter 4141. of the Revised Code and any 4,688
sanctions imposed for improper disclosure of such information 4,689
shall apply to the redisclosure of information disclosed under 4,690
this section. 4,691
Sec. 4141.21. Except as provided in sections 4141.16, 4,700
104
4141.161, SECTION 4141.162, and 4141.163 of the Revised Code, and 4,702
subject to section 4141.43 of the Revised Code, the information 4,705
maintained by the administrator of the bureau DIRECTOR of 4,706
employment JOB AND FAMILY services or furnished to the 4,707
administrator DIRECTOR by employers or employees pursuant to this 4,709
chapter is for the exclusive use and information of the bureau 4,710
DEPARTMENT of employment JOB AND FAMILY services in the discharge 4,712
of its duties and shall not be open to the public or be used in 4,714
any court in any action or proceeding pending therein, or be 4,715
admissible in evidence in any action, other than one arising 4,716
under those sections. All of the information and records 4,717
necessary or useful in the determination of any particular claim 4,718
for benefits or necessary in verifying any charge to an 4,719
employer's account under sections 4141.23 to 4141.26 of the 4,720
Revised Code shall be available for examination and use by the 4,721
employer and the employee involved or their authorized 4,722
representatives in the hearing of such cases, and that 4,723
information may be tabulated and published in statistical form
for the use and information of the state departments and the 4,724
public. 4,725
Sec. 4141.22. (A) No person shall disclose any 4,734
information that was maintained by the administrator DIRECTOR of 4,735
the bureau of employment JOB AND FAMILY services or furnished to 4,736
the administrator DIRECTOR by employers or employees pursuant to 4,739
Chapter 4141. of the Revised Code THIS CHAPTER, unless such
disclosure is permitted under section 4141.21 of the Revised 4,741
Code.
(B) No person in the employ of the administrator DIRECTOR 4,743
of the bureau of employment JOB AND FAMILY services OR A COUNTY 4,745
FAMILY SERVICES AGENCY OR A WORKFORCE DEVELOPMENT AGENCY, or who 4,746
has been in the employ of the administrator DIRECTOR OR THOSE 4,748
AGENCIES, at any time, shall divulge any information MAINTAINED 4,750
BY OR FURNISHED TO THE DIRECTOR UNDER THIS CHAPTER AND secured by 4,751
the person while so employed, in respect to the transactions, 4,752
105
property, business, or mechanical, chemical, or other industrial 4,753
process of any person, firm, corporation, association, or 4,754
partnership to any person other than the administrator DIRECTOR 4,755
or other employees of the bureau DEPARTMENT of employment JOB AND 4,758
FAMILY services OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE
DEVELOPMENT AGENCY, as required by the person's duties, or to 4,760
other persons as authorized by the administrator DIRECTOR under 4,761
section 4141.43 of the Revised Code. 4,762
Whoever violates this section shall be disqualified from 4,764
holding any appointment or employment by the administrator 4,765
DIRECTOR OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE 4,766
DEVELOPMENT AGENCY.
Sec. 4141.28. (A) Applications for determination of 4,775
benefit rights and claims for benefits shall be filed with a 4,776
deputy of the administrator DIRECTOR of the bureau of employment 4,778
JOB AND FAMILY services designated for the purpose. Such 4,779
applications and claims may also be filed with an employee of 4,780
another state or federal agency charged with the duty of 4,781
accepting applications and claims for unemployment benefits or 4,782
with an employee of the unemployment insurance commission of
Canada. 4,783
When a former employee of a state agency, board, or 4,785
commission that has terminated its operations files an 4,786
application under this division, the former employee shall give 4,787
notice that the agency, board, or commission has terminated its 4,788
operations. All notices or information required to be sent under 4,789
this chapter to or furnished by the applicant's employer shall be 4,790
sent to or furnished by the director of administrative services. 4,791
(B)(1) When an unemployed individual files an application 4,793
for determination of benefit rights, the administrator DIRECTOR 4,794
OF JOB AND FAMILY SERVICES shall furnish the individual with the 4,796
information specified in division (A) of section 4141.321 of the 4,797
Revised Code and with a pamphlet giving instructions for the 4,799
steps an applicant may take if the applicant's claim for benefits 4,800
106
is disallowed. The pamphlet shall state the applicant's right of 4,801
appeal, clearly describe the different levels of appeal, and 4,802
explain where and when each appeal must be filed. In filing an 4,803
application, the individual shall, for the individual's most 4,804
recent employment, furnish the administrator DIRECTOR with 4,805
either:
(a) The information furnished by the employer as provided 4,807
for in division (B)(2) of this section; 4,808
(b) The name and address of the employer for whom the 4,810
individual performed services and the individual's written 4,811
statement of the reason for separation from the employer. 4,812
Where the claimant has furnished information in accordance 4,814
with division (B)(1)(b) of this section, the administrator 4,815
DIRECTOR shall promptly send a notice in writing that such filing 4,816
has been made to the individual's most recent separating 4,817
employer, which notice shall request from the employer the reason 4,818
for the individual's unemployment. The administrator DIRECTOR 4,819
also may request from any base period employer information 4,820
necessary for the determination of the claimant's rights to 4,821
benefits. Information as to the reason for unemployment 4,823
preceding an additional claim shall be obtained in the same 4,824
manner. Requests for such information shall be dated by the 4,825
administrator DIRECTOR with the date on which they are mailed. 4,826
If the employer fails to mail or deliver such information within 4,827
ten working days from the date the administrator DIRECTOR mailed 4,828
and dated such request, and if necessary to assure prompt payment 4,830
of benefits when due, the administrator DIRECTOR shall make the 4,831
determination, and shall base the determination on such 4,832
information as is available to the administrator DIRECTOR, which 4,833
shall include the claimant's statement made under division 4,834
(B)(1)(b) of this section. The determination, as it relates to 4,835
the claimant's determination of benefit rights, shall be amended 4,836
upon receipt of correct remuneration information at any time 4,837
within the benefit year and any benefits paid and charged to an 4,838
107
employer's account prior to the receipt of such information shall 4,839
be adjusted, effective as of the beginning of the claimant's 4,840
benefit year. 4,841
(2) An employer who separates within any seven-day period 4,843
fifty or more individuals because of lack of work, and these 4,844
individuals upon separation will be unemployed as defined in 4,845
division (R) of section 4141.01 of the Revised Code, shall 4,846
furnish notice to the administrator DIRECTOR of the dates of 4,847
separation and the approximate number of individuals being 4,848
separated. The notice shall be furnished at least three working 4,849
days prior to the date of the first day of such separations. In 4,850
addition, at the time of separation the employer shall furnish to 4,851
the individual being separated or to the administrator DIRECTOR 4,852
separation information necessary to determine the individual's 4,853
eligibility, on forms and in a manner approved by the 4,854
administrator DIRECTOR.
An employer who operates multiple business establishments 4,856
at which both the effective authority for hiring and separation 4,857
of employees and payroll information is located and who, because 4,858
of lack of work, separates a total of fifty or more individuals 4,859
at two or more business establishments is exempt from the first 4,860
paragraph of division (B)(2) of this section. This paragraph 4,861
shall not be construed to relieve an employer who operates 4,862
multiple business establishments from complying with division 4,863
(B)(2) of this section where the employer separates fifty or more 4,864
individuals at any business establishment within a seven-day 4,865
period. 4,866
An employer of individuals engaged in connection with the 4,868
commercial canning or commercial freezing of fruits and 4,869
vegetables is exempt from the provision of division (B)(2) of 4,870
this section that requires an employer to furnish notice of 4,871
separation at least three working days prior to the date of the 4,872
first day of such separations. 4,873
(3) Where an individual at the time of filing an 4,875
108
application for determination of benefit rights furnishes 4,876
separation information provided by the employer or where the 4,877
employer has provided the administrator DIRECTOR with the 4,878
information in accordance with division (B)(2) of this section, 4,879
the administrator DIRECTOR shall make a determination of 4,880
eligibility on the basis of the information furnished. The 4,881
administrator DIRECTOR shall promptly notify all interested 4,882
parties under division (D)(1) of this section of the 4,883
determination.
(4) Where an employer has furnished separation information 4,885
under division (B)(2) of this section which is insufficient to 4,886
enable the administrator DIRECTOR to make a determination of a 4,887
claim for benefits of an individual, or where the individual 4,888
fails at the time of filing an application for determination of 4,889
benefit rights to produce the separation information furnished by 4,890
an employer, the administrator DIRECTOR shall follow the 4,891
provisions specified in division (B)(1) of this section. 4,892
(C) The administrator DIRECTOR shall promptly examine any 4,895
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator DIRECTOR shall 4,896
determine whether or not the application is valid, and if valid, 4,897
the date on which the benefit year shall commence and the weekly 4,898
benefit amount. The claimant, the most recent employer, and any 4,899
other employer in the claimant's base period shall promptly be 4,901
notified of the determination and the reasons therefor. In 4,902
addition, the determination issued to the claimant shall include 4,903
the total amount of benefits payable, and the determination 4,904
issued to each chargeable base period employer shall include the 4,905
total amount of benefits which may be charged to the employer's 4,906
account.
(D)(1) The administrator DIRECTOR shall examine the first 4,909
claim for benefits filed in any benefit year, and any additional 4,910
claim, and on the basis of any facts found by the administrator 4,911
DIRECTOR shall determine whether division (D) of section 4141.29 4,912
109
of the Revised Code is applicable to the claimant's most recent
separation and, to the extent necessary, prior separations from 4,913
work, and whether the separation reason is qualifying or 4,914
disqualifying for the ensuing period of unemployment. Notice of 4,915
such determination shall be mailed to the claimant, the 4,916
claimant's most recent separating employer, and any other 4,917
employer involved in the determination. 4,918
(a) Whenever the administrator DIRECTOR has reason to 4,920
believe that the unemployment of twenty-five or more individuals 4,921
relates to a labor dispute, the administrator DIRECTOR, within 4,922
five calendar days after their claims are filed, shall schedule a 4,923
hearing concerning the reason for unemployment. Notice of the 4,924
hearing shall be sent to all interested parties, including the 4,925
duly authorized representative of the parties, as provided in 4,926
division (D)(1) of this section. The hearing date shall be 4,927
scheduled so as to provide at least ten days' prior notice of the 4,928
time and date of the hearing. A similar hearing, in such cases, 4,929
may be scheduled when there is a dispute as to the duration or 4,930
ending date of the labor dispute. 4,931
(b) The administrator DIRECTOR shall appoint a hearing 4,933
officer to conduct the hearing of the case under division 4,934
(D)(1)(a) of this section. The hearing officer is not bound by 4,935
common law or statutory rules of evidence or by technical or 4,936
formal rules of procedure, but shall take any steps that are 4,937
reasonable and necessary to obtain the facts and determine 4,938
whether the claimants are entitled to benefits under the law. 4,939
The failure of any interested party to appear at the hearing 4,940
shall not preclude a decision based upon all the facts available 4,941
to the hearing officer. The proceeding at the hearing shall be 4,942
recorded by mechanical means or by other means prescribed by the 4,943
administrator DIRECTOR. The record need not be transcribed 4,944
unless an application for appeal is filed on the decision and the 4,945
chairperson of the unemployment compensation review commission 4,947
requests a transcript of the hearing within fourteen days after 4,948
110
the application for appeal is received by the commission. The 4,949
administrator DIRECTOR shall prescribe rules concerning the 4,951
conduct of the hearings and all related matters and appoint an 4,952
attorney to direct the operation of this function.
(c) The administrator DIRECTOR shall issue the hearing 4,954
officer's decisions and reasons therefor on the case within ten 4,955
calendar days after the hearing. The hearing officer's decision 4,956
issued by the administrator DIRECTOR is final unless an 4,957
application for appeal is filed with the review commission within 4,958
twenty-one days after the decision was mailed to all interested 4,960
parties. The administrator DIRECTOR, within the twenty-one-day 4,961
appeal period, may remove and vacate the decision and issue a 4,963
revised determination and appeal date.
(d) Upon receipt of the application for appeal, the full 4,965
review commission shall review the administrator's DIRECTOR'S 4,966
decision and either schedule a further hearing on the case or 4,968
disallow the application. The review commission shall review the 4,969
administrator's DIRECTOR'S decision within fourteen days after 4,970
receipt of the decision or the receipt of a transcript requested 4,972
under division (D)(1)(b) of this section, whichever is later. 4,973
(i) When a further hearing is granted, the commission 4,975
shall make the administrator's DIRECTOR'S decision and record of 4,977
the case, as certified by the administrator DIRECTOR, a part of 4,979
the record and shall consider the administrator's DIRECTOR'S 4,981
decision and record in arriving at a decision on the case. The 4,983
commission's decision affirming, modifying, or reversing the 4,985
administrator's DIRECTOR'S decision, following the further 4,986
appeal, shall be mailed to all interested parties within fourteen 4,987
days after the hearing. 4,988
(ii) A decision of the disallowance of a further appeal 4,990
shall be mailed to all interested parties within fourteen days 4,991
after the commission makes the decision to disallow. The 4,992
disallowance is deemed an affirmation of the administrator's 4,994
DIRECTOR'S decision. 4,995
111
(iii) The time limits specified in divisions (D)(1)(a), 4,997
(b), (c), and (d) of this section may be extended by agreement of 4,998
all interested parties or for cause beyond the control of the 4,999
administrator DIRECTOR or the commission. 5,000
(e) An appeal of the commission's decision issued under 5,002
division (D)(1)(d) of this section may be taken to the court of 5,003
common pleas as provided in division (O) of this section. 5,004
(f) A labor dispute decision involving fewer than 5,006
twenty-five individuals shall be determined under division (D)(1) 5,007
of this section and the review commission shall determine any 5,009
appeal from the decision pursuant to division (M) of this section 5,010
and within the time limits provided in division (D)(1)(d) of this 5,011
section. 5,012
(2) The determination of a first or additional claim, 5,014
including the reasons therefor, shall be mailed to the claimant, 5,015
the claimant's most recent separating employer, and any other 5,016
employer involved in the determination. 5,017
When the determination of a continued claim results in a 5,020
disallowed claim, the administrator DIRECTOR shall notify the
claimant of such disallowance and the reasons therefor. 5,021
(3) Where the claim for benefits is directly attributable 5,023
to unemployment caused by a major disaster, as declared by the 5,024
president of the United States pursuant to the "Disaster Relief 5,025
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 5,026
filing the claim would otherwise have been eligible for disaster 5,027
unemployment assistance under that act, then upon application by 5,028
the employer any benefits paid on the claim shall not be charged 5,029
to the account of the employer who would have been charged on 5,030
such claim but instead shall be charged to the mutualized account 5,031
described in section 4141.25 of the Revised Code, provided that 5,032
this division is not applicable to an employer electing 5,033
reimbursing status under section 4141.241 of the Revised Code, 5,034
except reimbursing employers for whom benefit charges are charged 5,035
to the mutualized account pursuant to division (D)(2) of section 5,037
112
4141.24 of the Revised Code. 5,038
(4)(a) An individual filing a new claim for unemployment 5,040
compensation shall disclose, at the time of filing, whether or 5,041
not the individual owes child support obligations. In such a 5,042
case, the administrator DIRECTOR shall notify the state 5,043
APPROPRIATE WORK UNIT WITHIN THE DEPARTMENT or THE local child 5,044
support enforcement agency enforcing the obligation only if the 5,045
claimant has been determined to be eligible for unemployment 5,046
compensation. 5,047
(b) The administrator DIRECTOR shall deduct and withhold 5,049
from unemployment compensation payable to an individual who owes 5,050
child support obligations: 5,051
(i) Any amount required to be deducted and withheld from 5,053
the unemployment compensation pursuant to legal process, as that 5,054
term is defined in section 459(i)(5) of the "Social Security 5,055
Act," as amended by the "Personal Responsibility and Work 5,056
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 5,057
U.S.C. 659, and properly served upon the administrator DIRECTOR, 5,058
as described in division (D)(4)(c) of this section; or 5,059
(ii) Where division (D)(4)(b)(i) of this section is 5,061
inapplicable, in the amount determined pursuant to an agreement 5,062
submitted to the administrator DIRECTOR under section 5,063
454(19)(B)(i) of the "Social Security Act," 88 Stat. 2351, 42 5,064
U.S.C. 654, as amended, by the state or local child support 5,065
enforcement agency; or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 5,067
section is applicable, then in the amount specified by the 5,068
individual. 5,069
(c) The administrator DIRECTOR shall receive all legal 5,072
process described in division (D)(4)(b)(i) of this section from 5,073
each local child support enforcement agency, which legal process 5,074
was issued by the agency under section 2301.371 of the Revised 5,075
Code or otherwise was issued by the agency. The processing of 5,076
cases under part D of Title IV of the "Social Security Act," 88 5,077
113
Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall be 5,078
determined pursuant to agreement between the administrator and 5,079
the state department of human services. The department shall 5,080
pay, pursuant to that agreement, all of the costs of the bureau 5,081
of employment services that are associated with a deduction and 5,082
withholding under division (D)(4)(b)(i) and (ii) of this section. 5,083
(d) The amount of unemployment compensation subject to 5,085
being withheld pursuant to division (D)(4)(b) of this section is 5,086
that amount which remains payable to the individual after 5,087
application of any recoupment provisions for recovery of 5,088
overpayments and after deductions which have been made under this 5,089
chapter for deductible income received by the individual. 5,090
Effective for applications to establish unemployment compensation 5,091
benefit rights filed after December 27, 1997, the amount withheld 5,092
with respect to a week of unemployment benefits shall not exceed 5,093
fifty per cent of the individual's weekly benefit amount as 5,094
determined by the administrator DIRECTOR.
(e) Any amount deducted and withheld under division 5,096
(D)(4)(b) of this section shall be paid to the appropriate state 5,097
or local child support enforcement agency in the following 5,098
manner: 5,099
(i) The administrator DIRECTOR shall determine the amounts 5,101
that are to be deducted and withheld on a per county basis. 5,102
(ii) For each county, the administrator DIRECTOR shall 5,104
forward to the local child support enforcement agency of the 5,106
county, at intervals to be determined pursuant to the agreement 5,107
referred to in division (D)(4)(c) of this section, the amount 5,108
determined for that county under division (D)(4)(e)(i) of this 5,109
section for disbursement to the obligees or assignees of such 5,110
support obligations. 5,111
(f) Any amount deducted and withheld under division 5,113
(D)(4)(b) of this section shall for all purposes be treated as if 5,114
it were paid to the individual as unemployment compensation and 5,115
paid by the individual to the state or local child support agency 5,116
114
in satisfaction of the individual's child support obligations. 5,117
(g) Division (D)(4) of this section applies only if 5,119
appropriate arrangements have been made for reimbursement by the 5,120
state or local child support enforcement agency for the 5,121
administrative costs incurred by the administrator DIRECTOR under 5,122
this section which are associated with or attributable to child 5,123
support obligations being enforced by the state or local child 5,124
support enforcement agency. 5,125
(h) As used in division (D)(4) of this section: 5,127
(i) "Child support obligations" means only obligations 5,129
which are being enforced pursuant to a plan described in section 5,130
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 5,131
as amended, which has been approved by the United States 5,132
secretary of health and human services under part D of Title IV 5,133
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 5,134
amended. 5,135
(ii) "State child support enforcement agency" means the 5,137
WORK UNIT WITHIN THE department of human JOB AND FAMILY services, 5,139
bureau of child support OR THE STATE AGENCY OF ANOTHER STATE, 5,140
designated as the single state agency for the administration of 5,141
the program of child support enforcement pursuant to part D of 5,142
Title IV of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 5,143
651, as amended. 5,144
(iii) "Local child support enforcement agency" means a 5,146
child support enforcement agency or any other agency of a 5,147
political subdivision of the state operating pursuant to a plan 5,148
mentioned in division (D)(4)(h)(i) of this section. 5,149
(iv) "Unemployment compensation" means any compensation 5,151
payable under this chapter including amounts payable by the 5,152
administrator DIRECTOR pursuant to an agreement under any federal 5,154
law providing for compensation, assistance, or allowances with 5,155
respect to unemployment. 5,156
(E)(1) Any base period or subsequent employer of a 5,158
claimant who has knowledge of specific facts affecting such 5,159
115
claimant's right to receive benefits for any week may notify the 5,160
administrator DIRECTOR in writing of such facts. The 5,161
administrator DIRECTOR shall prescribe a form to be used for such 5,163
eligibility notice, but failure to use the prescribed form shall 5,164
not preclude the administrator's DIRECTOR'S examination of any 5,165
notice.
(2) An eligibility notice is timely filed if received by 5,167
the administrator DIRECTOR or postmarked prior to or within 5,169
forty-five calendar days after the end of the week with respect 5,170
to which a claim for benefits is filed by the claimant. An 5,171
employer who does not timely file an eligibility notice shall not 5,172
be an interested party with respect to the claim for benefits 5,173
which is the subject of the notice.
(3) The administrator DIRECTOR shall consider the 5,175
information contained in the eligibility notice, together with 5,176
other facts found by the administrator DIRECTOR and, after giving 5,178
notice to the claimant, shall determine, unless a prior 5,179
determination on the same eligibility issue has become final, 5,180
whether such claim shall be allowed or disallowed, and shall mail 5,181
notice of such determination to the notifying employer who timely 5,183
filed the eligibility notice, to the claimant, and to other 5,184
interested parties. If the determination disallows benefits for 5,185
any week in question, the payment of benefits with respect to 5,186
that week shall be withheld pending further appeal, or an 5,187
overpayment order shall be issued by the administrator DIRECTOR 5,188
as prescribed in section 4141.35 of the Revised Code, if 5,189
applicable. 5,190
(F) In making determinations, the administrator DIRECTOR 5,193
shall follow decisions of the unemployment compensation review 5,194
commission which have become final with respect to claimants 5,195
similarly situated.
(G)(1) Until October 1, 1998, any interested party 5,198
notified of a determination of an application for determination 5,199
of benefit rights or a claim for benefits may, within twenty-one 5,200
116
calendar days after the notice was mailed to the party's last 5,201
known post-office address, apply in writing for a reconsideration 5,202
of the administrator's DIRECTOR'S determination. 5,203
On and after October 1, 1998, any party notified of a 5,206
determination may appeal within twenty-one calendar days after 5,207
notice was mailed to the party's last known post-office address 5,208
or within an extended period pursuant to division (Q) of this 5,210
section. Upon receipt of the appeal, the administrator DIRECTOR 5,211
either shall issue a redetermination within twenty-one days of 5,212
receipt or transfer the appeal to the commission, which shall 5,213
acquire jurisdiction over the appeal. If the administrator 5,214
DIRECTOR issues a redetermination, the redetermination shall void 5,216
the prior determination. A redetermination under this section is 5,217
appealable to the same extent that a determination is appealable. 5,219
(2) If the administrator DIRECTOR finds within the benefit 5,222
year that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 5,224
information as provided in division (B) of this section or any 5,225
typographical or clerical error in the administrator's DIRECTOR'S 5,226
determination, the administrator DIRECTOR shall issue a corrected 5,229
determination to all interested parties, which determination 5,230
shall take precedence over and void the prior determination of 5,231
the administrator DIRECTOR, provided no appeal has been filed 5,232
with the commission.
(3) If benefits are allowed by the administrator DIRECTOR 5,234
in a determination, or in a decision by a hearing officer, the 5,236
review commission, or a court, the benefits shall be paid 5,237
promptly, notwithstanding any further appeal, provided that if 5,238
benefits are denied on appeal, of which the parties have notice 5,239
and an opportunity to be heard, the payment of benefits shall be 5,241
withheld pending a decision on any further appeal. 5,242
(4) Any benefits paid to a claimant under this section 5,244
prior to a final determination of the claimant's right to the 5,245
benefits shall be charged to the employer's account as provided 5,247
117
in division (D) of section 4141.24 of the Revised Code, provided 5,248
that if there is no final determination of the claim by the 5,249
subsequent thirtieth day of June, the employer's account will be 5,250
credited with the total amount of benefits which has been paid 5,251
prior to that date, based on the determination which has not 5,252
become final. The total amount credited to the employer's 5,253
account shall be charged to a suspense account which shall be 5,254
maintained as a separate bookkeeping account and administered as 5,255
a part of section 4141.24 of the Revised Code, and shall not be 5,256
used in determining the account balance of the employer for the 5,257
purpose of computing the employer's contribution rate under 5,258
section 4141.25 of the Revised Code. If it is finally determined 5,259
that the claimant is entitled to all or a part of the benefits in 5,260
dispute, the suspense account shall be credited and the 5,261
appropriate employer's account charged with the benefits. If it 5,262
is finally determined that the claimant is not entitled to all or 5,263
any portion of the benefits in dispute, the benefits shall be 5,264
credited to the suspense account and a corresponding charge made 5,265
to the mutualized account established in division (B) of section 5,266
4141.25 of the Revised Code, provided that, except as otherwise 5,268
provided in this division, if benefits are chargeable to an 5,269
employer or group of employers who is required or elects to make 5,270
payments to the fund in lieu of contributions under section 5,271
4141.241 of the Revised Code, the benefits shall be charged to 5,272
the employer's account in the manner provided in division (D) of 5,273
section 4141.24 and division (B) of section 4141.241 of the 5,274
Revised Code, and no part of the benefits may be charged to the 5,275
suspense account provided in this division. To the extent that 5,276
benefits which have been paid to a claimant and charged to the 5,277
employer's account are found not to be due the claimant and are 5,278
recovered by the administrator DIRECTOR as provided in section 5,279
4141.35 of the Revised Code, they shall be credited to the 5,280
employer's account.
(H) Until October 1, 1998, any interested party may appeal 5,283
118
the administrator's DIRECTOR'S decision on reconsideration to the 5,284
commission and unless an appeal is filed from such decision on 5,286
reconsideration with the commission within twenty-one calendar 5,288
days after such decision was mailed to the last known post-office 5,289
address of the appellant, or within an extended period pursuant 5,290
to division (Q) of this section, such decision on reconsideration 5,291
is final and benefits shall be paid or denied in accordance 5,292
therewith. The date of the mailing provided by the administrator 5,293
DIRECTOR on determination or decision on reconsideration is 5,294
sufficient evidence upon which to conclude that the determination 5,295
or decision on reconsideration was mailed on that date. 5,296
On and after October 1, 1998, the date of the mailing 5,299
provided by the administrator DIRECTOR on the determination or 5,300
redetermination is sufficient evidence upon which to conclude 5,301
that the determination or redetermination was mailed on that
date. 5,302
(I) Appeals may be filed with the administrator DIRECTOR, 5,305
commission, with an employee of another state or federal agency 5,307
charged with the duty of accepting claims, or with the 5,308
unemployment insurance commission of Canada. 5,309
(1) Any timely written notice that the interested party 5,312
desires to appeal shall be accepted.
(2) The administrator DIRECTOR, commission, or authorized 5,314
agent must receive the appeal within the specified appeal period 5,316
in order for the appeal to be deemed timely filed, except that: 5,317
(a) If the United States postal service is used as the 5,319
means of delivery, the enclosing envelope must have a postmark 5,320
date, as governed by United States postal regulations, that is on 5,321
or before the last day of the specified appeal period; and 5,322
(b) Where the postmark date is illegible or missing, the 5,324
appeal is timely filed if received no later than the end of the 5,326
third calendar day following the last day of the specified appeal 5,327
period.
(3) The administrator DIRECTOR may adopt rules pertaining 5,329
119
to alternate methods of filing appeals. 5,330
(J) When an appeal from a determination of the 5,334
administrator DIRECTOR is taken to the commission at the hearing 5,335
officer level, all interested parties shall be notified and the 5,337
commission, after affording such parties reasonable opportunity 5,339
for a fair hearing, shall affirm, modify, or reverse the 5,340
determination of the administrator DIRECTOR in the manner that 5,341
appears just and proper. However, the commission may refer a 5,342
case to the administrator DIRECTOR for a redetermination if the 5,343
commission decides that the case does not require a hearing. In 5,344
the conduct of a hearing by a hearing officer or any other 5,346
hearing on appeal to the commission which is provided in this 5,347
section, the hearing officers are not bound by common law or 5,350
statutory rules of evidence or by technical or formal rules of 5,351
procedure. The hearing officers shall take any steps in the 5,354
hearings, consistent with the impartial discharge of their 5,355
duties, which appear reasonable and necessary to ascertain the 5,356
facts and determine whether the claimant is entitled to benefits 5,357
under the law. The hearings shall be de novo, except that the 5,359
administrator's DIRECTOR'S file pertaining to a case shall be 5,360
included in the record to be considered. 5,362
The hearing officers may conduct any such hearing in person 5,366
or by telephone. The commission shall adopt rules which 5,368
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 5,371
opportunity to object to a hearing by telephone, and govern the 5,372
conduct of hearings by telephone. An interested party whose 5,373
hearing would be by telephone pursuant to the commission rules 5,374
may elect to have an in-person hearing, provided that the party 5,375
electing the in-person hearing agrees to have the hearing at the 5,376
time and place the commission determines pursuant to rule. 5,377
(1) The failure of the claimant or other interested party 5,379
to appear at a hearing, unless the claimant or interested party 5,380
is the appealing party, shall not preclude a decision in the 5,382
120
claimant's or interested party's favor, if on the basis of all 5,383
the information in the record, including that contained in the 5,384
file of the administrator DIRECTOR, the claimant or interested 5,385
party is entitled to the decision. 5,386
(2) If the party appealing fails to appear at the hearing, 5,388
the hearing officer shall dismiss the appeal, provided that the 5,392
hearing officer or commission shall vacate the dismissal upon a 5,394
showing that due notice of the hearing was not mailed to such 5,395
party's last known address or good cause for the failure to 5,396
appear is shown to the commission within fourteen days after the 5,399
hearing date. No further appeal from the decision may thereafter 5,400
be instituted by such party. If the other party fails to appear 5,401
at the hearing, the hearing officer shall proceed with the 5,404
hearing and shall issue a decision based on the evidence of 5,405
record, including the administrator's DIRECTOR'S file. The 5,407
commission shall vacate the decision upon a showing that due 5,410
notice of the hearing was not mailed to such party's last known 5,411
address or good cause for such party's failure to appear is shown 5,412
to the commission within fourteen days after the hearing date. 5,414
(3) Where a party requests that a hearing be scheduled in 5,416
the evening because the party is employed during the day, the 5,417
commission shall schedule the hearing during such hours as the 5,420
party is not employed. 5,421
(4) The interested parties may waive, in writing, the 5,424
hearing. If the parties waive the hearing, the hearing officer 5,425
shall issue a decision based on the evidence of record, including 5,426
the administrator's DIRECTOR'S file. 5,427
(K) The proceedings at the hearing before the hearing 5,429
officer, shall be recorded by mechanical means or otherwise as 5,432
may be prescribed by the commission. In the absence of further 5,433
proceedings, the record that is made need not be transcribed. 5,435
(L) All interested parties shall be notified of the 5,437
hearing officer's decision, which shall include the reasons 5,439
therefor. The hearing officer's decision shall become final 5,440
121
unless, within twenty-one days after the decision was mailed to 5,441
the last known post-office address of such parties, or within an 5,442
extended period pursuant to division (Q) of this section, the 5,443
commission on its own motion removes or transfers such claim to 5,445
the review level, or upon a request for review that is filed by 5,447
an interested party and is allowed by the commission. 5,449
(M) In the conduct of a hearing by the commission or a 5,452
hearing officer at the review level, the commission and the 5,453
hearing officers are not bound by common law or statutory rules 5,454
of evidence or by technical or formal rules of procedure. The 5,455
commission and the hearing officers shall take any steps in the 5,456
hearings, consistent with the impartial discharge of their 5,457
duties, that appear reasonable and necessary to ascertain the 5,458
facts and determine whether the claimant is entitled to benefits
under the law. 5,459
(1) The review commission, or a hearing officer designated 5,462
by the commission, shall consider an appeal at the review level 5,463
under the following circumstances:
(a) When an appeal is required to be heard initially by 5,466
the commission pursuant to this chapter; 5,467
(b) When the commission on its own motion removes an 5,470
appeal within twenty-one days after a hearing officer issues the 5,471
hearing officer's decision in the case; 5,472
(c) When a hearing officer refers an appeal to the 5,475
commission within twenty-one days after the hearing officer 5,476
issues the hearing officer's decision in the case; 5,477
(d) When an interested party files a request for review 5,480
with the commission within twenty-one days after the date a 5,481
hearing officer issues the hearing officer's decision in the 5,482
case. The commission shall disallow the request for review if it 5,483
is not timely filed.
The commission may remove, and a hearing officer may refer, 5,486
appeals involving decisions of potentially precedential value. 5,487
(2) If a request for review is timely filed, the 5,489
122
commission shall decide whether to allow or disallow the request 5,491
for review.
If the request for review is disallowed, the commission 5,493
shall notify all interested parties of that fact. The 5,494
disallowance of a request for review constitutes a final decision 5,496
by the commission for purposes of appeal to court. If the 5,497
request for review is allowed, the commission shall notify all 5,498
interested parties of that fact, and the commission shall provide 5,499
a reasonable period of time, as the commission defines by rule, 5,500
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 5,501
shall do one of the following at the review level: 5,502
(a) Affirm the decision of the hearing officer; 5,505
(b) Order that the case be heard or reheard by a hearing 5,508
officer;
(c) Order that the case be heard or reheard by a hearing 5,511
officer as a potential precedential decision; 5,512
(d) Order that the decision be rewritten. 5,515
(3) The commission shall send notice to all interested 5,517
parties when it orders a case to be heard or reheard. The notice 5,519
shall include the reasons for the hearing or rehearing. If the 5,520
commission identifies an appeal as a potentially precedential 5,521
case, the commission shall notify the administrator DIRECTOR and 5,522
other interested parties of the special nature of the hearing. 5,523
(N) Whenever the administrator DIRECTOR and the 5,525
chairperson of the review commission determine in writing and 5,526
certify jointly that a controversy exists with respect to the 5,528
proper application of this chapter to more than five hundred 5,529
claimants similarly situated whose claims are pending before the 5,530
administrator DIRECTOR or the review commission or both on 5,531
redetermination or appeal applied for or filed by three or more 5,534
employers or by such claimants, the chairperson of the review 5,536
commission shall select one such claim which is representative of 5,538
all such claims and assign it for a fair hearing and decision. 5,539
123
Any other claimant or employer in the group who makes a timely 5,540
request to participate in the hearing and decision shall be given 5,541
a reasonable opportunity to participate as a party to the 5,542
proceeding.
Such joint certification by the administrator DIRECTOR and 5,544
the chairperson of the commission shall constitute a stay of 5,545
further proceedings in the claims of all claimants similarly 5,547
situated until the issue or issues in controversy are adjudicated 5,548
by the supreme court of Ohio. At the time the decision of the 5,549
commission is issued, the chairperson shall certify the 5,551
commission's decision directly to the supreme court of Ohio and 5,554
the chairperson shall file with the clerk of the supreme court a 5,556
certified copy of the transcript of the proceedings before the 5,557
commission pertaining to such decision. Hearings on such issues 5,559
shall take precedence over all other civil cases. If upon 5,560
hearing and consideration of such record the court decides that 5,561
the decision of the commission is unlawful, the court shall 5,563
reverse and vacate the decision or modify it and enter final 5,564
judgment in accordance with such modification; otherwise such 5,565
court shall affirm such decision. The notice of the decision of 5,566
the commission to the interested parties shall contain a 5,568
certification by the chairperson of the commission that the 5,569
decision is of great public interest and that a certified 5,571
transcript of the record of the proceedings before the commission 5,572
has been filed with the clerk of the supreme court as an appeal 5,574
to the court. Promptly upon the final judgment of the court, the 5,575
administrator DIRECTOR and the commission shall decide those 5,576
claims pending before them where the facts are similar and shall 5,578
notify all interested parties of such decision and the reason 5,579
therefor in the manner provided for in this section. Nothing in 5,580
this division shall be construed so as to deny the right of any 5,581
such claimant, whose claim is pending before the administrator 5,582
DIRECTOR on redetermination or before the commission, to apply 5,585
for and be granted an opportunity for a fair hearing to show that 5,586
124
the facts in the claimant's case are different from the facts in 5,587
the claim selected as the representative claim as provided in 5,588
this division, nor shall any such claimant be denied the right to
appeal the decision of the administrator DIRECTOR or the 5,589
commission which is made as a result of the decision of the court 5,591
in the representative case.
(O)(1) Any interested party as defined in division (I) of 5,593
section 4141.01 of the Revised Code, within thirty days after 5,594
notice of the decision of the commission was mailed to the last 5,596
known post-office address of all interested parties, may appeal 5,597
from the decision of the commission to the court of common pleas 5,599
of the county where the appellant, if an employee, is resident or 5,600
was last employed or of the county where the appellant, if an 5,601
employer, is resident or has the principal place of business in 5,602
this state. The commission shall provide on its decision the 5,604
names and addresses of all interested parties. Such appeal shall 5,605
be taken within such thirty days by the appellant by filing a 5,606
notice of appeal with the clerk of the court of common pleas. 5,607
Such filing shall be the only act required to perfect the appeal 5,608
and vest jurisdiction in the court. Failure of an appellant to 5,609
take any step other than timely filing of a notice of appeal does 5,610
not affect the validity of the appeal, but is grounds only for 5,611
such action as the court deems appropriate, which may include 5,612
dismissal of the appeal. Such notice of appeal shall set forth 5,613
the decision appealed from. The appellant shall mail a copy of 5,614
the notice of appeal to the commission and to all interested 5,616
parties by certified mail to their last known post-office address 5,617
and proof of the mailing of the notice shall be filed with the 5,618
clerk within thirty days of filing the notice of appeal. All 5,619
interested parties shall be made appellees. The commission upon 5,621
receipt of the notice of appeal shall within thirty days file 5,622
with the clerk a certified transcript of the record of the 5,623
proceedings before the commission pertaining to the decision 5,625
complained of, and mail a copy of the transcript to the 5,626
125
appellant's attorney or to the appellant, if not represented by 5,627
counsel. The appellant shall file a statement of the assignments 5,628
of error presented for review within sixty days of the filing of 5,629
the notice of appeal with the court. The appeal shall be heard 5,630
upon such record certified by the commission. After an appeal 5,632
has been filed in the court, the commission may, by petition, be 5,634
made a party to such appeal. If the court finds that the 5,635
decision was unlawful, unreasonable, or against the manifest 5,636
weight of the evidence, it shall reverse and vacate such decision 5,637
or it may modify such decision and enter final judgment in 5,638
accordance with such modification; otherwise such court shall 5,639
affirm such decision. Any interested party shall have the right 5,640
to appeal from the decision of the court as in civil cases. 5,641
(2) If an appeal is filed after the thirty-day appeal 5,643
period established in division (O)(1) of this section, the court 5,644
of common pleas shall conduct a hearing to determine whether the 5,645
appeal was timely filed pursuant to division (Q) of this section. 5,647
At the hearing, additional evidence may be introduced and oral 5,648
arguments may be presented regarding the timeliness of the filing 5,649
of the appeal. If the court of common pleas determines that the 5,650
time for filing the appeal is extended as provided in division 5,651
(Q) of this section and that the appeal was filed within the 5,653
extended time provided in that division, the court shall 5,654
thereafter make its decision on the merits of the appeal. If the 5,655
court of common pleas determines that the time for filing the 5,656
appeal may not be extended as provided in division (Q) of this 5,658
section, the court shall dismiss the appeal accordingly. The 5,659
determination on timeliness by the court of common pleas may be 5,660
appealed to the court of appeals as in civil cases, and such 5,661
appeal shall be consolidated with any appeal from the decision by 5,662
the court of common pleas on the merits of the appeal. 5,663
(P) Any appeal from a determination or redetermination of 5,667
the administrator DIRECTOR or a decision or order of the 5,668
commission may be executed in behalf of any party or any group of 5,671
126
claimants by an agent.
(Q) The time for filing an appeal, a request for review, 5,675
or a court appeal under this section shall be extended as 5,677
follows:
(1) When the last day of an appeal period is a Saturday, 5,679
Sunday, or legal holiday, the appeal period is extended to the 5,680
next work day after the Saturday, Sunday, or legal holiday; or. 5,681
(2) When an interested party provides certified medical 5,683
evidence stating that the interested party's physical condition 5,684
or mental capacity prevented the interested party from filing a 5,685
an appeal or request for review pursuant to division (G), (H), or 5,687
(L) of this section within the appropriate twenty-one-day period, 5,688
the appeal period is extended to twenty-one days after the end of 5,689
the physical or mental condition and the appeal, or request for 5,691
review is considered timely filed if filed within that extended 5,693
period;.
(3) When an interested party provides evidence, which 5,695
evidence may consist of testimony from the interested party, that 5,696
is sufficient to establish that the party did not actually 5,697
receive the determination or decision within the applicable 5,699
appeal period pursuant to division (G), (H), or (L) of this 5,700
section, and the administrator DIRECTOR or the commission finds 5,701
that the interested party did not actually receive the 5,703
determination or decision within the applicable appeal period, 5,704
then the appeal period is extended to twenty-one days after the 5,705
interested party actually receives the determination or decision. 5,706
(4) When an interested party provides evidence, which 5,708
evidence may consist of testimony from the interested party, that 5,709
is sufficient to establish that the party did not actually 5,710
receive a decision within the thirty-day appeal period provided 5,711
in division (O)(1) of this section, and a court of common pleas 5,712
finds that the interested party did not actually receive the 5,713
decision within that thirty-day appeal period, then the appeal 5,714
period is extended to thirty days after the interested party 5,715
127
actually receives the decision. 5,716
(R) No finding of fact or law, decision, or order of the 5,718
administrator DIRECTOR, hearing officer, or the review 5,719
commission, or a reviewing court pursuant to this section, shall 5,722
be given collateral estoppel or res judicata effect in any 5,723
separate or subsequent judicial, administrative, or arbitration 5,724
proceeding, other than a proceeding arising under this chapter. 5,725
Sec. 5101.01. As used in the Revised Code, the "department 5,734
of public welfare" means AND the "department of human services," 5,736
MEAN THE DEPARTMENT OF JOB AND FAMILY SERVICES and the "director 5,737
of public welfare" means AND the "director of human services" 5,738
MEAN THE DIRECTOR OF JOB AND FAMILY SERVICES. Whenever the 5,739
department or director of public welfare OR THE DEPARTMENT OR 5,741
DIRECTOR OF HUMAN SERVICES is referred to or designated in any 5,742
statute, rule, contract, GRANT, or other document, the reference 5,744
or designation shall be deemed to refer to the department or 5,745
director of human JOB AND FAMILY services, as the case may be. 5,746
Sec. 5101.02. The director of human JOB AND FAMILY 5,755
services is the executive head of the department of human JOB AND 5,757
FAMILY services. All duties conferred on the various offices, 5,759
divisions, bureaus, sections, and institutions WORK UNITS of the 5,760
department by law or by order of the director shall be performed 5,761
under such rules as the director prescribes, and shall be under 5,763
the director's control.
Sec. 5101.05. Except as otherwise provided as to 5,772
appointments by chiefs of divisions, the THE director of human 5,773
JOB AND FAMILY services shall MAY appoint such employees as are 5,774
necessary for the efficient conduct OPERATION of the department 5,775
and OF JOB AND FAMILY SERVICES. THE DIRECTOR MAY prescribe their 5,777
titles THE TITLE and duties OF THE EMPLOYEES. 5,778
Sec. 5101.051. IF THE DIRECTOR OF JOB AND FAMILY SERVICES 5,780
DETERMINES THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY 5,781
SERVICES CAN BEST BE FILLED IN ACCORDANCE WITH DIVISION (A)(2) OF 5,782
SECTION 124.30 OF THE REVISED CODE OR WITHOUT REGARD TO A 5,783
128
RESIDENCY REQUIREMENT ESTABLISHED BY A RULE ADOPTED BY THE 5,784
DIRECTOR OF ADMINISTRATIVE SERVICES, THE DIRECTOR OF JOB AND
FAMILY SERVICES SHALL PROVIDE THE DIRECTOR OF ADMINISTRATIVE 5,785
SERVICES CERTIFICATION OF THE DETERMINATION. 5,786
Sec. 5101.06. The director of human JOB AND FAMILY 5,795
services may establish offices, divisions, bureaus, and sections 5,797
and prescribe their powers and duties WORK UNITS WITHIN THE 5,798
DEPARTMENT OF JOB AND FAMILY SERVICES AS NECESSARY FOR THE 5,799
EFFICIENT OPERATION OF THE DEPARTMENT. THE DIRECTOR SHALL 5,800
APPOINT THE CHIEF OF EACH WORK UNIT.
Sec. 5101.08. The department DIRECTOR of human JOB AND 5,810
FAMILY services shall MAY require any of its THE employees and 5,812
each officer and employee of every institution under its control 5,813
OF THE DEPARTMENT OF JOB AND FAMILY SERVICES who may be charged 5,814
with custody or control of any PUBLIC money or property belonging 5,815
to the state or who is required to give bond, to give a surety 5,816
company bond, properly conditioned, in a sum to be fixed by the 5,818
department DIRECTOR which when approved by the department 5,820
DIRECTOR, shall be filed in the office of the secretary of state. 5,822
The cost of such bonds, when approved by the department DIRECTOR, 5,823
shall be paid from funds available for the department. The bonds 5,824
required or authorized by this section may, in the discretion of 5,825
the director of human services, be individual, schedule, or 5,826
blanket bonds.
Sec. 5101.09. (A) WHEN THE DIRECTOR OF JOB AND FAMILY 5,828
SERVICES IS AUTHORIZED BY THE REVISED CODE TO ADOPT A RULE, THE 5,829
DIRECTOR SHALL ADOPT THE RULE IN ACCORDANCE WITH THE FOLLOWING: 5,830
(1) CHAPTER 119. OF THE REVISED CODE IF ANY OF THE 5,832
FOLLOWING APPLY: 5,834
(a) THE RULE CONCERNS THE ADMINISTRATION OR ENFORCEMENT OF 5,836
CHAPTER 4141. OF THE REVISED CODE; 5,837
(b) THE RULE CONCERNS A PROGRAM ADMINISTERED BY THE 5,839
DEPARTMENT OF JOB AND FAMILY SERVICES, UNLESS THE STATUTE 5,840
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,841
129
WITH SECTION 111.15 OF THE REVISED CODE; 5,842
(c) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,844
RULE BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,846
CODE.
(2) SECTION 111.15 OF THE REVISED CODE, EXCLUDING 5,848
DIVISIONS (D) AND (E) OF THAT SECTION, IF EITHER OF THE FOLLOWING 5,850
APPLY: 5,851
(a) THE RULE CONCERNS THE DAY-TO-DAY STAFF PROCEDURES AND 5,853
OPERATIONS OF THE DEPARTMENT OR FINANCIAL AND OPERATIONAL MATTERS 5,854
BETWEEN THE DEPARTMENT AND ANOTHER GOVERNMENT ENTITY OR A PRIVATE 5,856
ENTITY RECEIVING A GRANT FROM THE DEPARTMENT, UNLESS THE STATUTE 5,857
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE 5,858
WITH CHAPTER 119. OF THE REVISED CODE; 5,859
(b) THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE 5,861
RULE BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 5,862
CODE AND, BY THE TERMS OF DIVISION (D) OF THAT SECTION, DIVISION 5,864
(D) OF THAT SECTION DOES NOT APPLY TO THE RULE.
(3) SECTION 111.15 OF THE REVISED CODE, INCLUDING 5,866
DIVISIONS (D) AND (E) OF THAT SECTION, IF THE STATUTE AUTHORIZING 5,868
THE RULE REQUIRES THAT THE RULE BE ADOPTED IN ACCORDANCE WITH
THAT SECTION AND THE RULE IS NOT EXEMPT FROM THE APPLICATION OF 5,869
DIVISION (D) OF THAT SECTION. 5,870
(B) EXCEPT AS OTHERWISE REQUIRED BY THE REVISED CODE, THE 5,873
ADOPTION OF A RULE IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 5,874
CODE DOES NOT MAKE THE DEPARTMENT OF JOB AND FAMILY SERVICES, A 5,876
COUNTY FAMILY SERVICES AGENCY, OR A WORKFORCE DEVELOPMENT AGENCY 5,877
SUBJECT TO THE NOTICE, HEARING, OR OTHER REQUIREMENTS OF SECTIONS
119.06 TO 119.13 OF THE REVISED CODE. AS USED IN THIS DIVISION, 5,879
"WORKFORCE DEVELOPMENT AGENCY" HAS THE SAME MEANING AS IN SECTION
6301.01 OF THE REVISED CODE. 5,880
Sec. 5101.10. The director of human JOB AND FAMILY 5,889
services may expend funds appropriated or available to the 5,891
department of human JOB AND FAMILY services for the purposes of 5,892
the administration of, and training, education, and research in, 5,894
130
human services from public or private entities, including other 5,897
governmental agencies; public or private institutions, 5,898
organizations, agencies, and corporations; and individuals. For
purposes of this section, the director may enter into contracts 5,899
or agreements with public and private entities and make grants to 5,900
public and private entities. TO THE EXTENT PERMITTED BY FEDERAL 5,901
LAW, THE DIRECTOR MAY ADVANCE FUNDS TO A GRANTEE WHEN NECESSARY 5,902
FOR THE GRANTEE TO PERFORM DUTIES UNDER THE GRANT AS SPECIFIED BY 5,903
THE DIRECTOR.
The department DIRECTOR may adopt INTERNAL MANAGEMENT rules 5,906
in accordance with section 111.15 of the Revised Code to define 5,908
terms and adopt procedures and other provisions necessary to
implement this section. 5,909
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 5,918
5101.24 of the Revised Code, county social service "WORKFORCE 5,920
DEVELOPMENT agency" and social service duty "WORKFORCE 5,922
DEVELOPMENT ACTIVITY" have the same meanings as in section 5,923
307.981 6301.01 of the Revised Code.
(B) The director of human JOB AND FAMILY services shall 5,925
enter into a written partnership agreement with each board of 5,928
county commissioners.
(C)(1) EACH PARTNERSHIP AGREEMENT SHALL INCLUDE PROVISIONS 5,930
regarding the administration and design of ALL OF the FOLLOWING: 5,931
(a) THE Ohio works first program established under Chapter 5,934
5107. of the Revised Code, the; 5,935
(b) THE prevention, retention, and contingency program 5,937
established under Chapter 5108. of the Revised Code, duties; 5,938
(c) DUTIES assumed by a county department of human JOB AND 5,941
FAMILY services pursuant to an agreement entered into under 5,943
section 329.05 of the Revised Code, and; 5,944
(d) ANY other county department of human JOB AND FAMILY 5,947
services' duties that the director and board mutually agree to 5,949
include in the agreement;
(e) IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED 5,952
131
CODE, THE COUNTY THE BOARD SERVES IS A LOCAL AREA DEFINED IN 5,953
DIVISION (A)(2) OR (3) OF SECTION 6301.01 OF THE REVISED CODE, 5,954
WORKFORCE DEVELOPMENT ACTIVITIES PROVIDED BY THE WORKFORCE 5,955
DEVELOPMENT AGENCY ESTABLISHED OR DESIGNATED FOR THE LOCAL AREA. 5,956
The director and board may include in the 5,957
(2) EACH partnership agreement MAY INCLUDE provisions 5,959
regarding the administration and design of the duties of child 5,961
support enforcement agencies and public children services 5,962
agencies included in a plan of cooperation entered into under 5,963
section 307.983 of the Revised Code that the director and board 5,964
mutually agree to include in the agreement. Social service 5,965
(D) FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT 5,967
ACTIVITIES included in the A PARTNERSHIP agreement shall be 5,969
vested in the board OF COUNTY COMMISSIONERS. The agreement shall 5,970
comply with federal statutes and regulations, state statutes, 5,971
and, except as provided in division (B)(D)(9) of this section, 5,973
state rules governing the social service FAMILY SERVICES duties 5,974
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement. 5,975
A partnership agreement shall include responsibilities that 5,978
the state department of human JOB AND FAMILY services and, county 5,979
social service FAMILY SERVICES agencies administering social 5,980
service FAMILY SERVICES duties included in the agreement, AND 5,982
WORKFORCE DEVELOPMENT AGENCIES ADMINISTERING WORKFORCE 5,983
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT must satisfy.
The agreement shall establish, specify, or provide for all of the 5,985
following:
(1) Requirements governing the administration and design 5,987
of, and county social service FAMILY SERVICES agencies' OR 5,988
WORKFORCE DEVELOPMENT AGENCIES' cooperation to enhance, social 5,990
service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 5,991
ACTIVITIES included in the agreement;
(2) Outcomes that county social service FAMILY SERVICES 5,993
agencies OR WORKFORCE DEVELOPMENT AGENCIES are expected to 5,995
achieve from the administration and design of social service 5,996
132
FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT ACTIVITIES 5,997
included in the agreement and assistance, services, and technical 5,998
support the state department will provide the county social 5,999
service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 6,000
AGENCIES to aid the agencies in achieving the expected outcomes; 6,001
(3) Performance and other administrative standards county 6,003
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 6,004
AGENCIES are required to meet in the design, administration, and 6,006
outcomes of social service FAMILY SERVICES duties OR WORKFORCE 6,007
DEVELOPMENT ACTIVITIES included in the agreement and assistance, 6,008
services, and technical support the state department will provide 6,010
the county social service FAMILY SERVICES agencies OR WORKFORCE 6,011
DEVELOPMENT AGENCIES to aid the agencies in meeting the 6,012
performance and other administrative standards;
(4) Criteria and methodology the state department will use 6,015
to evaluate whether expected outcomes are achieved and
performance and other administrative standards are met and county 6,016
social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT 6,018
AGENCIES will use to evaluate whether the state department is 6,019
providing agreed upon assistance, services, and technical 6,020
support;
(5) Annual financial, administrative, or other incentive 6,022
awards, if any, to be provided in accordance with section 5101.23 6,024
of the Revised Code for exceeding performance and other 6,025
administrative standards; 6,026
(6) The state department taking action against a county 6,028
social service agency pursuant to division (B)(C) of section 6,030
5101.24 of the Revised Code if division (A)(B)(1), (2), or (3) of 6,031
that section applies to the agency; 6,033
(7) The funding of social service FAMILY SERVICES duties 6,035
OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement and 6,037
whether the state department will provide funding for two or more 6,038
county department of human services' duties included in the 6,039
agreement pursuant to ESTABLISH a combined CONSOLIDATED funding 6,040
133
allocation under division (C)(E) of this section. The agreement 6,042
shall either specify the amount of payments to be made for the 6,043
social service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT 6,044
ACTIVITIES included in the agreement or the method that will be 6,045
used to determine the amount of payments. 6,046
(8) Audits required by federal statutes and regulations 6,048
and state law and requirements for prompt release of audit 6,049
findings and prompt action to correct problems identified in an 6,050
audit; 6,051
(9) Which, if any, of the state department's rules will be 6,054
waived so that a policy provided for in the agreement may be
implemented; 6,055
(10) The method of amending or terminating the agreement 6,057
and an expedited process for correcting terms or conditions of 6,058
the agreement that the director and board OF COUNTY COMMISSIONERS 6,059
agree are erroneous; 6,061
(11) Dispute resolution procedures for anticipated and 6,063
unanticipated disputes. The agreement may establish different 6,064
dispute resolution procedures for different types of disputes. 6,065
Dispute resolution procedures may include negotiation, mediation, 6,067
arbitration, adjudication conducted by a hearing officer or 6,068
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 6,070
agreement may not commence before it is entered into nor end 6,071
later than the last day of the state fiscal biennium for which it 6,073
is entered into.
(13) IF WORKFORCE DEVELOPMENT ACTIVITIES ARE INCLUDED IN 6,075
THE AGREEMENT, ALL OF THE FOLLOWING: 6,076
(a) THE WORKFORCE DEVELOPMENT PLAN PREPARED UNDER SECTION 6,078
6301.07 OF THE REVISED CODE TO BE ATTACHED TO AND INCORPORATED 6,079
INTO THE AGREEMENT; 6,080
(b) A DESCRIPTION OF THE SERVICES, AND A LIST OF THE CORE 6,082
SERVICES, PROVIDED IN THE ONE-STOP SYSTEM FOR WORKFORCE 6,083
DEVELOPMENT ACTIVITIES THE COUNTY SERVED BY THE BOARD 6,085
134
PARTICIPATES IN UNDER SECTION 6301.06 OF THE REVISED CODE TO BE 6,086
INCLUDED IN THE AGREEMENT; 6,087
(c) IF THE COUNTY SERVED BY THE BOARD OF COUNTY 6,089
COMMISSIONERS IS IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION 6,090
(A)(3) OF SECTION 6301.01 OF THE REVISED CODE, THE METHOD AND 6,091
MANNER BY WHICH THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY 6,093
AND THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION IN THE 6,094
LOCAL AREA SHALL COORDINATE WORKFORCE DEVELOPMENT ACTIVITIES AND 6,095
RESOLVE DISAGREEMENTS CONCERNING EITHER OF THE FOLLOWING: 6,096
(i) CHOICES CONCERNING SPECIFICALLY WHO TO APPOINT TO THE 6,098
WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.06 OF THE 6,100
REVISED CODE, WITHIN THE CRITERIA FOR MEMBERSHIP SET FORTH IN 6,101
THAT SECTION;
(ii) WHETHER A MEMBER OF THE WORKFORCE POLICY BOARD IS 6,103
PERFORMING SATISFACTORILY FOR PURPOSES OF SERVING AT THE PLEASURE 6,104
OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA. 6,105
(14) Other provisions determined necessary by the state 6,107
department and the, BOARD, county social services FAMILY SERVICES 6,110
agency, AND WORKFORCE DEVELOPMENT AGENCY.
(C)(E) The state department shall make payments authorized 6,113
by a partnership agreement on vouchers it prepares and may 6,114
include any funds appropriated or allocated to it for carrying 6,115
out social service FAMILY SERVICES duties OR WORKFORCE 6,116
DEVELOPMENT ACTIVITIES vested in the board of county 6,117
commissioners under the agreement, including funds for personal 6,118
services and maintenance. 6,119
(F)(1) To the extent practicable and not in conflict with 6,121
federal statutes or regulations, state law, or an appropriation 6,122
made by the general assembly, the department DIRECTOR may 6,123
establish a consolidated funding allocation for two ANY OF THE 6,124
FOLLOWING:
(a) TWO or more of a county department of human services' 6,127
FAMILY SERVICES duties included in the agreement; 6,129
(b) TWO OR MORE WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED 6,131
135
IN THE AGREEMENT; 6,132
(c) ONE OR MORE FAMILY SERVICES DUTIES AND WORKFORCE 6,134
DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT. 6,135
(2) THE CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER 6,137
OF THE FOLLOWING: 6,138
(a) A COUNTY THAT IS THE TYPE OF LOCAL AREA DEFINED IN 6,140
DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE; 6,141
(b) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND 6,143
ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN 6,144
DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE 6,146
COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN 6,147
THE LOCAL AREA. A 6,148
(3) A county department of human FAMILY services AGENCY OR 6,151
WORKFORCE DEVELOPMENT AGENCY shall use funds available in a 6,154
consolidated funding allocation only for the purpose for which
the funds were appropriated. 6,155
(D) The director of human services may enter into 6,158
partnership agreements with one or more boards of county 6,159
commissioners at a time but an agreement must be entered into 6,160
with each board not later than January 1, 2000. Until a 6,161
partnership agreement with a board is entered into and 6,162
implemented, a county social service agency serving the county 6,163
that the board serves shall perform its social service duties in 6,164
the manner they are performed on October 1, 1997, with the 6,166
exception that a county social services agency may implement 6,167
changes authorized by federal statutes or regulations, state 6,168
statutes, or state department rules. 6,169
Sec. 5101.211. The director of human JOB AND FAMILY 6,178
services may enter into a written agreement with one or more 6,180
state agencies, as defined in section 117.01 of the Revised Code, 6,182
and state universities and colleges to assist in the 6,183
coordination, provision, or enhancement of the social service 6,184
FAMILY SERVICES duties of a county social service FAMILY SERVICES 6,186
agency OR THE WORKFORCE DEVELOPMENT ACTIVITIES OF A WORKFORCE 6,187
136
DEVELOPMENT AGENCY. The director also may enter into written 6,188
agreements or contracts with, or issue grants to, private and 6,189
government entities under which funds are provided for the 6,190
enhancement or innovation of human service FAMILY SERVICES OR 6,191
WORKFORCE DEVELOPMENT activities on the state or local level. 6,193
The terms of an agreement, contract, or grant under this section 6,194
may be incorporated into a partnership agreement the director 6,195
enters into with a board of county commissioners under section 6,196
5101.21 OR WITH THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 6,197
CORPORATION UNDER SECTION 5101.213 of the Revised Code, if the 6,198
director and board OR CHIEF ELECTED OFFICIAL and state agency, 6,199
state university or college, or private or government entity 6,200
agree.
THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN 6,202
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO IMPLEMENT 6,203
THIS SECTION.
Sec. 5101.213. (A) THE DIRECTOR OF JOB AND FAMILY 6,205
SERVICES SHALL ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH 6,206
THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION REQUIRED BY 6,208
SECTION 6301.05 OF THE REVISED CODE TO ENTER INTO A PARTNERSHIP 6,209
AGREEMENT UNDER THIS SECTION. A PARTNERSHIP AGREEMENT SHALL 6,211
INCLUDE THE TYPES OF PROVISIONS REGARDING WORKFORCE DEVELOPMENT 6,212
ACTIVITIES THAT A PARTNERSHIP AGREEMENT ENTERED INTO UNDER 6,213
SECTION 5101.21 OF THE REVISED CODE IS REQUIRED TO INCLUDE. 6,215
(B) TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH 6,217
FEDERAL STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION 6,218
MADE BY THE GENERAL ASSEMBLY, THE DIRECTOR MAY ESTABLISH A
CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE WORKFORCE 6,219
DEVELOPMENT ACTIVITIES INCLUDED IN A PARTNERSHIP AGREEMENT. THE 6,220
CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER OF THE 6,221
FOLLOWING:
(1) A MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA 6,223
DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED 6,224
CODE;
137
(2) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND 6,226
ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN 6,227
DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE 6,229
COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN 6,230
THE LOCAL AREA.
A WORKFORCE DEVELOPMENT AGENCY SHALL USE FUNDS AVAILABLE IN 6,232
A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH 6,233
THE FUNDS WERE APPROPRIATED. 6,234
Sec. 5101.22. The department of human JOB AND FAMILY 6,243
services may establish performance and other administrative 6,244
standards for the administration and outcomes of social service 6,246
FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT ACTIVITIES and 6,247
determine at intervals the department decides the degree to which 6,248
a county social service FAMILY SERVICES agency OR WORKFORCE 6,249
DEVELOPMENT AGENCY complies with a performance or other 6,250
administrative standard. The department may use statistical 6,252
sampling, performance audits, case reviews, or other methods it 6,253
determines necessary and appropriate to determine compliance with 6,254
performance and administrative standards.
A performance or other administrative standard established 6,256
under this section for a social service FAMILY SERVICE duty OR 6,258
WORKFORCE DEVELOPMENT ACTIVITY does not apply to a county social 6,260
service FAMILY SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY 6,261
administering the duty if a different performance or 6,262
administrative standard is specified for the agency's 6,263
administration of the duty OR ACTIVITY pursuant to a partnership 6,264
agreement entered into under section 5101.21 OR 5101.213 of the 6,265
Revised Code. 6,266
Sec. 5101.23. Subject to the availability of funds, the 6,275
department of human JOB AND FAMILY services may provide annual 6,276
financial, administrative, or other incentive awards to county 6,278
social service FAMILY SERVICES agencies that exceed performance 6,279
and other administrative standards specified in a partnership 6,282
agreement entered into under section 5101.21 or established under 6,283
138
section 5101.22 of the Revised Code. The amount of a financial 6,284
incentive award shall be based on the degree to which a county 6,285
social service agency exceeds a performance or other
administrative standard and the amount of money available in the 6,286
social services incentive fund established under this section AND 6,287
WORKFORCE DEVELOPMENT AGENCIES. A county social service FAMILY 6,289
SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY may spend funds 6,290
provided as a financial incentive award only for the purpose for 6,291
which the funds are appropriated. The department may adopt 6,292
internal management rules in accordance with section 111.15 of 6,293
the Revised Code to establish the amounts of awards, methodology 6,294
for distributing the awards, types of awards, and standards for
administration by the department. 6,295
There is hereby created in the state treasury the social 6,297
services incentive fund. The director of human JOB AND FAMILY 6,298
services may request that the director of budget and management 6,300
transfer funds in the Title IV-A reserve fund created under 6,301
section 5101.82 of the Revised Code and other funds appropriated 6,302
for social service FAMILY SERVICES duties OR WORKFORCE INVESTMENT 6,303
ACTIVITIES into the fund. If the director of budget and 6,304
management determines that the funds identified by the director 6,306
of human JOB AND FAMILY services are available and appropriate 6,308
for transfer, the director of budget and management shall make 6,309
the transfer. Money in the fund shall be used to provide 6,310
incentive awards under this section.
Sec. 5101.24. (A) AS USED IN THIS SECTION, "RESPONSIBLE 6,319
ENTITY" MEANS THE FOLLOWING: 6,320
(1) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,322
ACTIVITY INVOLVED IS INCLUDED IN A PARTNERSHIP AGREEMENT A BOARD 6,323
OF COUNTY COMMISSIONERS AND THE DIRECTOR OF JOB AND FAMILY 6,324
SERVICES ENTERS INTO UNDER SECTION 5101.21 OF THE REVISED CODE, 6,325
THE BOARD REGARDLESS OF THE FACT THAT A COUNTY FAMILY SERVICES 6,328
AGENCY PERFORMS THE FAMILY SERVICES DUTY OR A WORKFORCE 6,329
DEVELOPMENT AGENCY PERFORMS THE WORKFORCE DEVELOPMENT ACTIVITY. 6,330
139
(2) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT 6,332
ACTIVITY INVOLVED IS NOT INCLUDED IN A PARTNERSHIP AGREEMENT, THE 6,333
COUNTY FAMILY SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY. 6,334
(B) The department of human JOB AND FAMILY services may 6,337
take action against a county social service agency under division 6,339
(B)(C) of this section AGAINST THE RESPONSIBLE ENTITY if the 6,340
department determines any of the following apply to the COUNTY 6,341
FAMILY SERVICES agency as regards a social service PERFORMING THE 6,343
FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT AGENCY PROVIDING 6,344
THE WORKFORCE DEVELOPMENT ACTIVITY:
(1) The agency fails to meet a performance standard 6,346
specified in a partnership agreement entered into under section 6,347
5101.21 or established under section 5101.22 of the Revised Code 6,349
FOR THE DUTY OR ACTIVITY; 6,350
(2) The agency fails to comply with a requirement 6,352
established by federal statute or regulations, state statute, or 6,353
a department rule FOR THE DUTY OR ACTIVITY; 6,354
(3) The agency is solely or partially responsible for, or 6,356
contributes to, an adverse audit or quality control finding, 6,357
final disallowance of federal financial participation, or other 6,358
sanction or penalty REGARDING THE DUTY OR ACTIVITY. 6,359
(B)(C) The department may take one or more of the 6,362
following actions against a county social service agency THE 6,363
RESPONSIBLE ENTITY if division (A)(B)(1), (2), or (3) of this 6,366
section applies to the agency:
(1) Require the agency RESPONSIBLE ENTITY to submit to and 6,368
comply with a corrective action plan pursuant to a time schedule 6,370
specified by the department; 6,371
(2) REQUIRE THE RESPONSIBLE ENTITY TO DO ONE OF THE 6,373
FOLLOWING:
(a) SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF 6,375
FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY; 6,376
(b) REIMBURSE THE DEPARTMENT THE AMOUNT THE DEPARTMENT 6,378
PAYS TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THAT REPRESENTS 6,379
140
THE AMOUNT THE AGENCY IS RESPONSIBLE FOR OF AN ADVERSE AUDIT OR 6,381
QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL 6,382
PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL 6,383
GOVERNMENT OR OTHER ENTITY;
(c) PAY THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THE 6,385
AMOUNT THAT REPRESENTS THE AMOUNT THE AGENCY IS RESPONSIBLE FOR 6,386
OF AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL 6,387
DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 6,388
SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT OR OTHER 6,389
ENTITY.
(3) Impose a financial or administrative sanction OR 6,391
ADVERSE AUDIT ISSUED BY THE DEPARTMENT against the agency, which 6,393
may include requiring the agency to share with the department a 6,394
final disallowance of federal financial participation or other 6,395
sanction or penalty RESPONSIBLE ENTITY. A sanction may be 6,396
increased if the department has previously taken action against 6,397
the agency RESPONSIBLE ENTITY under this division. 6,398
(3)(4) Perform a social service, OR CONTRACT WITH A 6,401
GOVERNMENT OR PRIVATE ENTITY FOR THE ENTITY TO PERFORM, THE
FAMILY SERVICES duty for the agency OR WORKFORCE DEVELOPMENT 6,402
ACTIVITY until the department is satisfied that the agency 6,404
RESPONSIBLE ENTITY ENSURES THAT THE DUTY OR ACTIVITY will perform 6,405
the duty BE PERFORMED satisfactorily. If the department 6,406
administers PERFORMS OR CONTRACTS WITH AN ENTITY TO PERFORM a 6,407
social service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT 6,409
ACTIVITY under division (B)(3) (C)(4) of this section, the 6,411
department may spend DO EITHER OF THE FOLLOWING: 6,412
(a) SPEND funds in the county treasury appropriated for 6,415
the duty OR ACTIVITY;
(b) WITHHOLD FUNDS ALLOCATED TO THE RESPONSIBLE ENTITY FOR 6,417
THE DUTY OR ACTIVITY AND SPEND THE FUNDS FOR THE DUTY OR 6,418
ACTIVITY.
(4)(5) Request that the attorney general bring mandamus 6,420
proceedings to compel the agency RESPONSIBLE ENTITY to take or 6,421
141
cease the action that causes division (A)(B)(1), (2), or (3) of 6,424
this section to apply to the agency. The attorney general shall 6,425
bring mandamus proceedings in the Franklin county court of 6,426
appeals at the department's request. 6,427
(C)(D) If the department decides to take action against a 6,430
county social service agency THE RESPONSIBLE ENTITY under 6,431
division (B)(C) of this section, the department shall notify the 6,432
agency, board of county commissioners, RESPONSIBLE ENTITY and 6,433
county auditor. THE NOTICE SHALL BE in writing. 6,434
The county social service agency RESPONSIBLE ENTITY may 6,436
request an administrative review of the A proposed action, OTHER 6,438
THAN A PROPOSED ACTION UNDER DIVISION (C)(5) OF THIS SECTION, by 6,440
sending a written request to the department not later than THE 6,441
FOLLOWING:
(1) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(1) 6,443
OF THIS SECTION, FIFTEEN DAYS AFTER THE DEPARTMENT MAILS THE 6,444
NOTICE TO THE RESPONSIBLE ENTITY. IF IT RECEIVES SUCH A REQUEST 6,446
WITHIN THE REQUIRED TIME, THE DEPARTMENT SHALL POSTPONE TAKING 6,447
ACTION UNDER DIVISION (C)(1) OF THIS SECTION FOR FIFTEEN DAYS 6,448
FOLLOWING THE DAY IT RECEIVES THE REQUEST. THE DEPARTMENT AND
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE DURING 6,450
THAT FIFTEEN-DAY PERIOD.
(2) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(2) 6,452
OF THIS SECTION, FORTY-FIVE DAYS AFTER THE DEPARTMENT MAILS THE 6,453
NOTICE TO THE RESPONSIBLE ENTITY. THE ADMINISTRATIVE REVIEW 6,454
SHALL BE LIMITED SOLELY TO THE ISSUE OF THE AMOUNT THE 6,455
RESPONSIBLE ENTITY SHALL SHARE WITH THE DEPARTMENT, REIMBURSE THE 6,456
DEPARTMENT, OR PAY TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY 6,457
UNDER DIVISION (C)(2) OF THIS SECTION. THE DEPARTMENT AND 6,458
RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE WITHIN 6,459
SIXTY DAYS.
(3) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(3) 6,461
OR (4) OF THIS SECTION, forty-five days after the department 6,463
mails the notice to the agency RESPONSIBLE ENTITY. If an 6,464
142
administrative review is requested, the department and agency may 6,466
enter into a written agreement setting forth the dispute
resolution procedures to be used to resolve the dispute and any 6,467
other procedural matters the department and agency agree will 6,468
assist in reaching a prompt, fair, and equitable resolution. If 6,469
THE DEPARTMENT AND RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE 6,470
ANY DISPUTE WITHIN SIXTY DAYS. 6,471
IF the department and agency RESPONSIBLE ENTITY fail to 6,473
enter into such an agreement not later than sixty days after the 6,475
agency requests the administrative review RESOLVE ANY DISPUTE 6,476
WITHIN THE REQUIRED TIME, the department shall conduct a hearing 6,477
in accordance with Chapter 119. of the Revised Code, except that 6,480
the department, notwithstanding section 119.07 of the Revised 6,482
Code, is not required to schedule the hearing within fifteen days 6,484
of the agency's RESPONSIBLE ENTITY'S request. 6,485
(E) THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT 6,487
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 6,488
NECESSARY TO IMPLEMENT THIS SECTION. 6,489
Sec. 5101.25. The department of human services, in 6,498
consultation with county representatives, shall develop annual 6,499
training goals and model training curriculum for employees of 6,500
county social FAMILY services agencies and identify a variety of 6,502
state funded training opportunities to meet the proposed goals. 6,503
Sec. 5101.35. (A) As used in this section: 6,512
(1) "Agency" means the following entities that administer 6,514
a human FAMILY services program: 6,515
(a) The department of human JOB AND FAMILY services; 6,517
(b) A county department of human JOB AND FAMILY services; 6,519
(c) A public children services agency; 6,521
(d) A private or government entity administering, in whole 6,523
or in part, a human FAMILY services program for or on behalf of 6,525
the department of human JOB AND FAMILY services or a county
department of human service JOB AND FAMILY SERVICES or public 6,526
children services agency. 6,527
143
(2) "Appellant" means an applicant, participant, former 6,529
participant, recipient, or former recipient of a human FAMILY 6,530
services program who is entitled by federal or state law to a 6,533
hearing regarding a decision or order of the agency that 6,535
administers the program.
(3) "Human FAMILY services program" means assistance 6,537
provided under Chapter 5104., 5107., 5108., 5111., or 5115. or 6,539
section 173.35, 5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 6,540
of the Revised Code, other than assistance provided under section 6,542
5101.46 of the Revised Code by the department of mental health, 6,543
the department of mental retardation and developmental 6,544
disabilities, a board of alcohol, drug addiction, and mental 6,545
health services, or a county board of mental retardation and 6,546
developmental disabilities. 6,547
(B) An appellant who appeals under federal or state law a 6,549
decision or order of an agency administering a human FAMILY 6,550
services program shall, at the appellant's request, be granted a 6,553
state hearing by the department of human JOB AND FAMILY services. 6,555
This state hearing shall be conducted in accordance with rules 6,557
adopted under this section. The state hearing shall be 6,558
tape-recorded, but neither the recording nor a transcript of the 6,559
recording shall be part of the official record of the proceeding. 6,560
A state hearing decision is binding upon the agency and 6,561
department, unless it is reversed or modified on appeal to the 6,562
director of human JOB AND FAMILY services or a court of common 6,563
pleas. 6,564
(C) An appellant who disagrees with a state hearing 6,566
decision may make an administrative appeal to the director of 6,567
human JOB AND FAMILY services in accordance with rules adopted 6,569
under this section. This administrative appeal does not require 6,571
a hearing, but the director or the director's designee shall 6,574
review the state hearing decision and previous administrative 6,575
action and may affirm, modify, remand, or reverse the state 6,576
hearing decision. Any person designated to make an administrative 6,577
144
appeal decision on behalf of the director shall have been 6,578
admitted to the practice of law in this state. An administrative 6,579
appeal decision is the final decision of the department and is 6,580
binding upon the department and agency, unless it is reversed or 6,582
modified on appeal to the court of common pleas. 6,584
(D) An agency shall comply with a decision issued pursuant 6,586
to division (B) or (C) of this section within the time limits 6,588
established by rules adopted under this section. If a county 6,590
department of human JOB AND FAMILY services or a public children 6,591
services agency fails to comply within these time limits, the 6,592
department may take action pursuant to section 5101.24 of the 6,595
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds 6,596
due the agency or imposing another sanction established by rules 6,597
adopted under this section. 6,598
(E) An appellant who disagrees with an administrative 6,600
appeal decision of the director of human JOB AND FAMILY services 6,601
or the director's designee issued under division (C) of this 6,603
section may appeal from the decision to the court of common pleas 6,604
pursuant to section 119.12 of the Revised Code. The appeal shall 6,605
be governed by section 119.12 of the Revised Code except that: 6,606
(1) The person may appeal to the court of common pleas of 6,608
the county in which the person resides, or to the court of common 6,610
pleas of Franklin county if the person does not reside in this 6,611
state. 6,612
(2) The person may apply to the court for designation as 6,614
an indigent and, if the court grants this application, the 6,615
appellant shall not be required to furnish the costs of the 6,616
appeal. 6,617
(3) The appellant shall mail the notice of appeal to the 6,619
department of human JOB AND FAMILY services and file notice of 6,620
appeal with the court within thirty days after the department 6,624
mails the administrative appeal decision to the appellant. For 6,625
good cause shown, the court may extend the time for mailing and 6,626
145
filing notice of appeal, but such time shall not exceed six 6,627
months from the date the department mails the administrative 6,628
appeal decision. Filing notice of appeal with the court shall be 6,629
the only act necessary to vest jurisdiction in the court. 6,630
(4) The department shall be required to file a transcript 6,633
of the testimony of the state hearing with the court only if the 6,634
court orders the department to file the transcript. The court 6,635
shall make such an order only if it finds that the department and 6,636
the appellant are unable to stipulate to the facts of the case 6,637
and that the transcript is essential to a determination of the 6,638
appeal. The department shall file the transcript not later than 6,639
thirty days after the day such an order is issued. 6,640
(F) The department of human JOB AND FAMILY services shall 6,642
adopt rules in accordance with Chapter 119. of the Revised Code 6,645
to implement this section, including rules governing the 6,646
following:
(1) State hearings under division (B) of this section; 6,648
(2) Administrative appeals under division (C) of this 6,650
section; 6,651
(3) Time limits for complying with a decision issued under 6,653
division (B) or (C) of this section; 6,654
(4) Sanctions that may be applied against an agency under 6,656
division (D) of this section. 6,657
(G) THE REQUIREMENTS OF CHAPTER 119. OF THE REVISED CODE 6,659
APPLY TO A STATE HEARING OR ADMINISTRATIVE APPEAL UNDER THIS 6,660
SECTION ONLY TO THE EXTENT, IF ANY, SPECIFICALLY PROVIDED BY 6,661
RULES ADOPTED UNDER THIS SECTION.
Sec. 5101.351. THE DEPARTMENT OF JOB AND FAMILY SERVICES 6,663
MAY EMPLOY OR CONTRACT WITH HEARING OFFICERS TO DRAFT AND 6,664
RECOMMEND STATE HEARING DECISIONS UNDER DIVISION (B) OF SECTION 6,665
5101.35 OF THE REVISED CODE. THE DEPARTMENT MAY EMPLOY OR 6,667
CONTRACT WITH HEARING AUTHORITIES TO ISSUE STATE HEARING
DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE REVISED 6,669
CODE. A HEARING AUTHORITY EMPLOYED OR CONTRACTED WITH ON OR 6,670
146
AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE BEEN ADMITTED 6,671
TO THE PRACTICE OF LAW IN THIS STATE. A HEARING AUTHORITY 6,672
EMPLOYED OR CONTRACTED WITH BEFORE THE EFFECTIVE DATE OF THIS 6,673
SECTION IS NOT REQUIRED TO HAVE BEEN ADMITTED TO THE PRACTICE OF 6,674
LAW IN THIS STATE.
Sec. 5101.37. (A) The department of human JOB AND FAMILY 6,683
services and each county department of human JOB AND FAMILY 6,685
services and child support enforcement agency may make any 6,687
investigations that are necessary in the performance of their 6,688
duties, and to that end they shall have the same power as a judge 6,689
of a county court to administer oaths and to enforce the 6,690
attendance and testimony of witnesses and the production of books 6,691
or papers.
The department and each county department and agency shall 6,695
keep a record of their investigations stating the time, place, 6,696
charges or subject, witnesses summoned and examined, and their 6,697
conclusions.
In matters involving the conduct of an officer, a 6,699
stenographic report of the evidence shall be taken and a copy of 6,700
the report, with all documents introduced, kept on file at the 6,701
office of the department, county department, or agency. 6,703
The fees of witnesses for attendance and travel shall be 6,705
the same as in the court of common pleas, but no officer or 6,706
employee of the institution under investigation is entitled to 6,707
such fees. 6,708
(B) In conducting hearings pursuant to sections 3113.21 to 6,710
3113.216 or pursuant to division (B) of section 5101.35 of the 6,712
Revised Code, the department and each child support enforcement 6,713
agency have the same power as a judge of a county court to 6,714
administer oaths and to enforce the attendance and testimony of 6,715
witnesses and the production of books or papers. The department 6,716
and each agency shall keep a record of those hearings stating the 6,717
time, place, charges or subject, witnesses summoned and examined, 6,718
and their conclusions. 6,719
147
The issuance of a subpoena by the department or a child 6,721
support enforcement agency to enforce attendance and testimony of 6,722
witnesses and the production of books or papers at a hearing is 6,723
discretionary and the department or agency is not required to pay 6,724
the fees of witnesses for attendance and travel. 6,725
(C) Any judge of any division of the court of common 6,728
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 6,729
witnesses, the production of books or papers, and the giving of 6,730
testimony before the department, county department, or agency, by 6,732
a judgment for contempt or otherwise, in the same manner as in 6,733
cases before those courts. 6,734
Sec. 5101.38. The department of human JOB AND FAMILY 6,743
services may appoint and commission any competent officer, 6,746
employee, agency, or person to serve as a special agent, 6,747
investigator, or representative to perform a designated duty for 6,748
and in behalf of the department. Specific credentials shall be 6,750
given by the department to each person so designated, and each 6,752
credential shall state:
(A) The person's name; 6,754
(B) Agency with which such person is connected; 6,756
(C) Purpose of appointment; 6,758
(D) Date of expiration of appointment, if appropriate; 6,760
(E) Such information as the department considers proper. 6,762
Sec. 5101.47. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES 6,764
MAY ACCEPT APPLICATIONS, DETERMINE ELIGIBILITY, AND PERFORM 6,765
RELATED ADMINISTRATIVE ACTIVITIES FOR ONE OR MORE OF THE 6,766
FOLLOWING:
(1) THE MEDICAID PROGRAM ESTABLISHED BY CHAPTER 5111. OF 6,768
THE REVISED CODE; 6,769
(2) THE CHILDREN'S HEALTH INSURANCE PROGRAM PARTS I AND II 6,772
PROVIDED FOR UNDER SECTIONS 5101.50 AND 5101.51 OF THE REVISED 6,774
CODE;
(3) PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER CHAPTER 6,776
148
5104. OF THE REVISED CODE; 6,777
(4) OTHER PROGRAMS THE DIRECTOR DETERMINES ARE SUPPORTIVE 6,779
OF CHILDREN OR FAMILIES WITH AT LEAST ONE EMPLOYED MEMBER. 6,780
(B) IF THE DIRECTOR ELECTS TO ACCEPT APPLICATIONS, 6,782
DETERMINE ELIGIBILITY, AND PERFORM RELATED ADMINISTRATIVE 6,783
ACTIVITIES FOR A PROGRAM SPECIFIED IN OR PURSUANT TO DIVISION (A) 6,784
OF THIS SECTION, BOTH OF THE FOLLOWING APPLY: 6,785
(1) AN INDIVIDUAL SEEKING SERVICES UNDER THE PROGRAM MAY 6,787
APPLY FOR THE PROGRAM TO THE DIRECTOR OR TO THE ENTITY THAT STATE 6,788
LAW GOVERNING THE PROGRAM AUTHORIZES TO ACCEPT APPLICATIONS FOR 6,789
THE PROGRAM. 6,790
(2) THE DIRECTOR IS SUBJECT TO FEDERAL AND STATE LAW THAT 6,792
REQUIRE, PERMIT, OR PROHIBIT AN ACTION REGARDING ACCEPTING 6,793
APPLICATIONS, DETERMINING ELIGIBILITY, AND PERFORMING RELATED 6,794
ADMINISTRATIVE ACTIVITIES FOR THE PROGRAM. 6,795
(C) THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT 6,797
THIS SECTION. 6,798
Sec. 5101.80. (A) The department of human JOB AND FAMILY 6,807
services shall do all of the following: 6,809
(1) Prepare and submit to the United States secretary of 6,811
health and human services a Title IV-A state plan, and amendments 6,813
to the plan that the department determines necessary, for the 6,814
Ohio works first program established under Chapter 5107. of the 6,816
Revised Code and the prevention, retention, and contingency
program established under Chapter 5108. of the Revised Code; 6,818
(2) Prescribe forms for applications, certificates, 6,820
reports, records, and accounts of county departments of human JOB 6,822
AND FAMILY services, and other matters related to the Ohio works 6,823
first program and the prevention, retention, and contingency 6,824
program;
(3) Make such reports, in such form and containing such 6,826
information as the department may find necessary to assure the 6,829
correctness and verification of such reports, regarding the Ohio 6,830
works first program and the prevention, retention, and
149
contingency program; 6,831
(4) Require reports and information from each county 6,833
department of human JOB AND FAMILY services as may be necessary 6,834
or advisable regarding the Ohio works first program and the 6,835
prevention, retention, and contingency program; 6,836
(5) Afford a fair hearing in accordance with section 6,838
5101.35 of the Revised Code to any applicant for, or participant 6,840
or former participant of, the Ohio works first program or the 6,841
prevention, retention, and contingency program aggrieved by a
decision regarding either program; 6,842
(6) Administer and expend, pursuant to Chapters 5107. and 6,845
5108. of the Revised Code, any sums appropriated by the general 6,846
assembly for the purpose of those chapters and all sums paid to 6,848
the state by the secretary of the treasury of the United States 6,850
as authorized by Title IV-A of the "Social Security Act," 49 6,852
Stat. 620 (1935), 42 U.S.C. 301, as amended; 6,853
(7) Conduct investigations as are necessary regarding the 6,856
Ohio works first program and the prevention, retention, and 6,857
contingency program;
(8) Enter into reciprocal agreements with other states 6,859
relative to the provision of Ohio works first and prevention, 6,861
retention, and contingency to residents and nonresidents; 6,862
(9) Contract with a private entity to conduct an 6,865
independent on-going evaluation of the Ohio works first program 6,866
and the prevention, retention, and contingency program. The 6,867
contract must require the private entity to do all of the 6,869
following:
(a) Examine issues of process, practice, impact, and 6,871
outcomes;
(b) Study former participants of Ohio works first who have 6,874
not participated in Ohio works first for at least one year to 6,875
determine whether they are employed, the type of employment in 6,877
which they are engaged, the amount of compensation they are 6,878
receiving, whether their employer provides health insurance, 6,879
150
whether and how often they have received assistance or services
under the prevention, retention, and contingency program, and 6,880
whether they are successfully self sufficient; 6,881
(c) Provide the department an initial report of the 6,883
evaluation not later than two years after the effective date of 6,884
this amendment OCTOBER 1, 1997, and provide subsequent reports at 6,885
times the department specifies. 6,887
(10) Not later than March 1, 1998, and the first day of 6,891
each September and March thereafter until September 1, 2001, 6,893
prepare a county by county report concerning individuals who 6,894
cease to participate in Ohio works first that contains the 6,895
reasons the individuals ceased to participate, including 6,896
employment, marital status, and relocation; 6,897
(11) Not later than January 1, 2001, and the first day of 6,901
each January and July thereafter, prepare a report containing 6,903
information on the following:
(a) A county by county breakdown of individuals who cease 6,906
to participate in Ohio works first and the reasons the 6,907
individuals ceased to participate, including exhausting the time 6,908
limits for participation set forth in section 5107.18 of the 6,909
Revised Code. 6,910
(b) Individuals who have been exempted from the time 6,913
limits set forth in section 5107.18 of the Revised Code and the 6,915
reasons for the exemption. 6,916
(12) NOT LATER THAN JANUARY 1, 2001, AND ON A QUARTERLY 6,918
BASIS THEREAFTER UNTIL DECEMBER 1, 2003, PREPARE, TO THE EXTENT 6,919
THE NECESSARY DATA IS AVAILABLE TO THE DEPARTMENT, A REPORT BASED 6,921
ON INFORMATION DETERMINED UNDER SECTION 5107.80 OF THE REVISED
CODE THAT STATES HOW MANY FORMER OHIO WORKS FIRST PARTICIPANTS 6,923
ENTERED THE WORKFORCE DURING THE MOST RECENT PREVIOUS QUARTER FOR 6,925
WHICH THE INFORMATION IS KNOWN AND INCLUDES INFORMATION REGARDING 6,926
THE EARNINGS OF THOSE FORMER PARTICIPANTS. THE REPORT SHALL 6,927
INCLUDE A COUNTY-BY-COUNTY BREAKDOWN AND SHALL NOT CONTAIN THE
NAMES OR SOCIAL SECURITY NUMBERS OF FORMER PARTICIPANTS. 6,929
151
(B) The department shall provide copies of the reports it 6,931
receives under division (A)(9) of this section and prepares under 6,933
divisions (A)(10) and, (11), AND (12) of this section to the 6,936
governor, the president and minority leader of the senate, and 6,937
the speaker and minority leader of the house of representatives. 6,938
The department shall provide copies of the reports to any private 6,939
or government entity on request.
(C) An authorized representative of the department or a 6,941
county department of human JOB AND FAMILY services shall have 6,942
access to all records and information bearing thereon for the 6,944
purposes of investigations conducted pursuant to this section. 6,945
Sec. 5101.97. (A)(1) Not later than January 1, 1998, and 6,955
the first day of each July and January thereafter, the department 6,957
of human JOB AND FAMILY services shall complete a report on the 6,958
characteristics of the individuals who participate in or receive 6,960
services through the programs operated by the department and the 6,961
outcomes of the individuals' participation in or receipt of 6,962
services through the programs. The report shall include 6,963
information on the following: 6,964
(a) Work activities, developmental activities, and 6,966
alternative work activities established under sections 5107.40 to 6,968
5107.69 of the Revised Code; 6,969
(b) Programs of publicly funded child day-care, as defined 6,971
in section 5104.01 of the Revised Code; 6,972
(c) Child support enforcement programs; 6,974
(d) Births to recipients of the medical assistance program 6,976
established under Chapter 5111. of the Revised Code. 6,977
(2) Not later than July 1, 1999, and the first day of each 6,981
July thereafter, the department shall complete a progress report 6,982
on the partnership agreements between the director of human JOB 6,983
AND FAMILY services and boards of county commissioners under 6,985
section 5101.21 of the Revised Code. The report shall include a 6,986
review of whether the county social service FAMILY SERVICES 6,987
agencies AND WORKFORCE DEVELOPMENT AGENCIES satisfied performance 6,989
152
standards included in the agreements and whether the department 6,991
provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance 6,992
standards.
(3) The department shall submit the reports required under 6,995
divisions (A)(1) and (2) of this section to the speaker and 6,996
minority leader of the house of representatives, the president 6,997
and minority leader of the senate, the legislative budget 6,998
officer, the director of budget and management, and each board of 6,999
county commissioners. The department shall provide copies of 7,000
each report to any person or government entity on request. 7,001
In designing the format for each report, the department 7,003
shall consult with individuals, organizations, and government 7,004
entities interested in the programs operated by the department, 7,005
so that the reports are designed to enable the general assembly 7,007
and the public to evaluate the effectiveness of the programs and 7,008
identify any needs that the programs are not meeting. 7,009
(B) Whenever the federal government requires that the 7,012
department submit a report on a program that is operated by the 7,013
department or is otherwise under the department's jurisdiction, 7,014
the department shall prepare and submit the report in accordance 7,015
with the federal requirements applicable to that report. To the 7,016
extent possible, the department may coordinate the preparation 7,017
and submission of a particular report with any other report, 7,018
plan, or other document required to be submitted to the federal 7,019
government, as well as with any report required to be submitted 7,020
to the general assembly. The reports required by the Personal 7,021
Responsibility and Work Opportunity Reconciliation Act of 1996 7,024
(P.L. 104-193) may be submitted as an annual summary. 7,025
Sec. 5103.02. As used in sections 5103.03 to 5103.19 7,034
5103.17 of the Revised Code: 7,036
(A) "Institution" or "association" includes any 7,038
incorporated or unincorporated organization, society, 7,039
association, or agency, public or private, that receives or cares 7,040
153
for children for two or more consecutive weeks; any individual 7,042
who, for hire, gain, or reward, receives or cares for children 7,043
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 7,044
the regular employ of a court, or of an institution or 7,046
association certified in accordance with section 5103.03 of the 7,047
Revised Code, who in any manner becomes a party to the placing of 7,048
children in foster homes, unless the individual is related to 7,049
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 7,050
association, school, agency, child guidance center, detention or 7,051
rehabilitation facility, or children's clinic licensed, 7,052
regulated, approved, operated under the direction of, or 7,053
otherwise certified by the department of education, a local board 7,054
of education, the department of youth services, the department of 7,055
mental health, or the department of mental retardation and 7,056
developmental disabilities, or any individual who provides care 7,057
for only a single-family group, placed there by their parents or 7,058
other relative having custody, shall not be considered as being 7,059
within the purview of these sections. 7,060
(B) "Family foster home" has the same meaning as in 7,063
section 2151.011 of the Revised Code. 7,064
(C) "Treatment foster home" means a family foster home 7,066
that incorporates special psychological or medical treatment 7,067
designed to care for the specific needs of the children received 7,068
in the family foster home and that receives and cares for 7,069
children who are emotionally or behaviorally disturbed, medically 7,070
fragile requiring special medical treatment due to physical
ailment or condition, mentally retarded, or developmentally 7,071
disabled.
Sec. 5107.80. THE DIRECTOR OF JOB AND FAMILY SERVICES, 7,073
USING INFORMATION PROVIDED BY EMPLOYERS UNDER SECTION 5101.312 OF 7,074
THE REVISED CODE, SHALL DETERMINE QUARTERLY WHETHER INDIVIDUALS 7,077
WHO HAVE CEASED TO PARTICIPATE IN OHIO WORKS FIRST HAVE ENTERED 7,078
154
THE WORKFORCE. 7,079
Sec. 6301.01. AS USED IN THIS CHAPTER: 7,081
(A) "LOCAL AREA" MEANS ANY OF THE FOLLOWING: 7,083
(1) A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO 7,085
ADMINISTER AND ENFORCE THE "WORKFORCE INVESTMENT ACT OF 1998," 7,086
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, UNDER THIS CHAPTER 7,088
AND IS NOT JOINING IN PARTNERSHIP WITH ANY OTHER POLITICAL 7,090
SUBDIVISIONS IN ORDER TO DO SO;
(2) A SINGLE COUNTY; 7,092
(3) A CONSORTIUM OF ANY OF THE FOLLOWING POLITICAL 7,094
SUBDIVISIONS:
(a) A GROUP OF TWO OR MORE COUNTIES IN THE STATE; 7,096
(b) ONE OR MORE COUNTIES AND ONE MUNICIPAL CORPORATION IN 7,098
THE STATE; 7,099
(c) ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL 7,101
CORPORATION IN THE STATE AND ONE OR MORE COUNTIES WITH OR WITHOUT 7,102
ONE MUNICIPAL CORPORATION IN ANOTHER STATE, ON THE CONDITION THAT 7,103
THOSE IN ANOTHER STATE SHARE A LABOR MARKET AREA WITH THOSE IN 7,104
THE STATE.
"LOCAL AREA" DOES NOT MEAN A REGION FOR PURPOSES OF 7,106
DETERMINATIONS CONCERNING ADMINISTRATIVE INCENTIVES. 7,107
(B) "MUNICIPAL CORPORATION" MEANS A MUNICIPAL CORPORATION 7,111
THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY DESIGNATION AS A 7,112
LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO SECTION 116(a)(2) OR 7,113
(3) OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 7,115
U.S.C.A. 2831(a)(2) OR (3), BUT THAT DOES NOT REQUEST THAT THE 7,117
GOVERNOR GRANT SUCH AUTOMATIC OR TEMPORARY DESIGNATION, AND THAT 7,118
INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT 7,120
ACTIVITIES PURSUANT TO THIS CHAPTER. 7,121
(C) "COUNTY" MEANS A COUNTY THAT IS ELIGIBLE TO BE 7,123
DESIGNATED AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE 7,125
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,127
2801, AS AMENDED, BUT THAT DOES NOT REQUEST SUCH DESIGNATION, AND 7,128
INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT 7,129
155
ACTIVITIES PURSUANT TO THIS CHAPTER. 7,130
(D) "WORKFORCE DEVELOPMENT AGENCY" MEANS THE ENTITY GIVEN 7,133
RESPONSIBILITY FOR WORKFORCE DEVELOPMENT ACTIVITIES THAT IS 7,134
DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE 7,135
WITH SECTION 330.04 OF THE REVISED CODE, THE CHIEF ELECTED 7,136
OFFICIAL OF A MUNICIPAL CORPORATION IN ACCORDANCE WITH SECTION 7,137
763.05 OF THE REVISED CODE, OR THE CHIEF ELECTED OFFICIALS OF A 7,139
LOCAL AREA DEFINED IN DIVISION (A)(3) OF THIS SECTION. 7,140
(E) "WORKFORCE DEVELOPMENT ACTIVITY" MEANS A PROGRAM, 7,142
GRANT, OR OTHER FUNCTION, THE PRIMARY GOAL OF WHICH IS TO DO ONE 7,143
OR MORE OF THE FOLLOWING: 7,144
(1) HELP INDIVIDUALS MAXIMIZE THEIR EMPLOYMENT 7,146
OPPORTUNITIES;
(2) HELP EMPLOYERS GAIN ACCESS TO SKILLED WORKERS; 7,148
(3) HELP EMPLOYERS RETAIN SKILLED WORKERS; 7,150
(4) HELP DEVELOP OR ENHANCE THE SKILLS OF INCUMBENT 7,152
WORKERS;
(5) IMPROVE THE QUALITY OF THE STATE'S WORKFORCE; 7,154
(6) ENHANCE THE PRODUCTIVITY AND COMPETITIVENESS OF THE 7,156
STATE'S ECONOMY. 7,157
(F) "CHIEF ELECTED OFFICIALS," WHEN USED IN REFERENCE TO A 7,159
LOCAL AREA, MEANS THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 7,161
OR OF EACH COUNTY IN THE LOCAL AREA OR, IF THE COUNTY HAS ADOPTED 7,163
A CHARTER UNDER SECTION 3 OF ARTICLE X, OHIO CONSTITUTION, THE 7,168
CHIEF GOVERNING BODY OF THAT COUNTY, AND THE CHIEF ELECTED 7,169
OFFICIAL OF THE MUNICIPAL CORPORATION, IF THE LOCAL AREA INCLUDES 7,171
A MUNICIPAL CORPORATION, EXCEPT THAT WHEN THE LOCAL AREA IS THE 7,172
TYPE DEFINED IN DIVISION (A)(1) OF THIS SECTION, "CHIEF ELECTED 7,173
OFFICIALS" MEANS THE CHIEF ELECTED OFFICIAL OF THE MUNICIPAL 7,174
CORPORATION.
Sec. 6301.02. THE DIRECTOR OF JOB AND FAMILY SERVICES 7,176
SHALL ADMINISTER THE "WORKFORCE INVESTMENT ACT OF 1998," 112 7,178
STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, THE "WAGNER-PEYSER ACT," 7,182
48 STAT. 113 (1933), 29 U.S.C.A. 49, AS AMENDED, AND THE FUNDS 7,185
156
RECEIVED PURSUANT TO THOSE ACTS. IN ADMINISTERING THOSE ACTS AND 7,186
FUNDS RECEIVED PURSUANT TO THOSE ACTS, THE DIRECTOR SHALL 7,187
ESTABLISH AND ADMINISTER A WORKFORCE DEVELOPMENT SYSTEM THAT IS 7,188
DESIGNED TO PROVIDE LEADERSHIP, SUPPORT, AND OVERSIGHT TO LOCALLY 7,189
DESIGNED WORKFORCE DEVELOPMENT AND FAMILY SERVICES SYSTEMS AND 7,191
THAT PROVIDES THE MAXIMUM AMOUNT OF FLEXIBILITY AND AUTHORITY TO 7,192
COUNTIES AND MUNICIPAL CORPORATIONS, AS PERMITTED UNDER THE 7,193
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,197
2801, AS AMENDED. THE DIRECTOR SHALL CONDUCT INVESTIGATIONS AND 7,199
HOLD HEARINGS AS NECESSARY FOR THE ADMINISTRATION OF THIS 7,200
CHAPTER.
TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, THE 7,202
DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED 7,204
CODE TO ESTABLISH ANY PROGRAM OR PILOT PROGRAM FOR THE PURPOSES 7,205
OF PROVIDING WORKFORCE DEVELOPMENT ACTIVITIES OR FAMILY SERVICES 7,206
TO INDIVIDUALS WHO DO NOT MEET ELIGIBILITY CRITERIA FOR THOSE 7,207
ACTIVITIES OR SERVICES UNDER APPLICABLE FEDERAL LAW. PRIOR TO 7,208
THE INITIATION OF ANY PROGRAM OF THAT NATURE, THE DIRECTOR OF 7,209
BUDGET AND MANAGEMENT SHALL CERTIFY TO THE GOVERNOR THAT 7,210
SUFFICIENT FUNDS ARE AVAILABLE TO ADMINISTER A PROGRAM OF THAT 7,211
NATURE.
UNLESS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, EVERY 7,213
STATE AGENCY, BOARD, OR COMMISSION SHALL PROVIDE TO THE DIRECTOR 7,214
ALL INFORMATION AND ASSISTANCE REQUESTED BY THE DIRECTOR IN 7,215
FURTHERANCE OF WORKFORCE DEVELOPMENT ACTIVITIES. 7,216
Sec. 6301.03. (A) IN ADMINISTERING THE "WORKFORCE 7,219
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,222
AMENDED, THE "WAGNER-PEYSER ACT," 48 STAT. 113 (1933), 29 7,224
U.S.C.A. 49, AS AMENDED, THE FUNDS RECEIVED PURSUANT TO THOSE 7,225
ACTS, AND THE WORKFORCE DEVELOPMENT SYSTEM, THE DIRECTOR OF JOB 7,226
AND FAMILY SERVICES MAY MAKE ALLOCATIONS AND PAYMENT OF FUNDS FOR 7,227
THE LOCAL ADMINISTRATION OF THE WORKFORCE DEVELOPMENT ACTIVITIES 7,229
ESTABLISHED UNDER THIS CHAPTER. PURSUANT TO THE "WORKFORCE 7,230
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS 7,232
157
AMENDED, THE GOVERNOR SHALL RESERVE NOT MORE THAN FIFTEEN PER 7,234
CENT OF THE AMOUNTS ALLOCATED TO THE STATE UNDER TITLE I OF THAT 7,235
ACT FOR ADULTS, DISLOCATED WORKERS, AND YOUTH FOR STATEWIDE 7,236
ACTIVITIES, AND NOT MORE THAN TWENTY-FIVE PER CENT OF FUNDS 7,237
ALLOCATED FOR DISLOCATED WORKERS UNDER TITLE I OF THAT ACT FOR 7,238
STATEWIDE RAPID RESPONSE ACTIVITIES. 7,239
(B) THE DIRECTOR SHALL ALLOCATE TO LOCAL AREAS ALL FUNDS 7,243
REQUIRED TO BE ALLOCATED TO LOCAL AREAS PURSUANT TO THE 7,244
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,246
2801, AS AMENDED. THE DIRECTOR SHALL MAKE ALLOCATIONS ONLY WITH 7,247
FUNDS AVAILABLE AND IN ACCORDANCE WITH ALL OF THE FOLLOWING: 7,248
(1) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,250
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES 7,251
THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AS ITS WORKFORCE 7,252
DEVELOPMENT AGENCY, THE DIRECTOR SHALL ALLOCATE THE FUNDS TO THAT 7,253
COUNTY DEPARTMENT. THAT COUNTY DEPARTMENT SHALL DEPOSIT ALL 7,254
FUNDS RECEIVED PURSUANT TO THIS SECTION INTO THE COUNTY PUBLIC 7,255
ASSISTANCE FUND. 7,256
(2) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,258
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,259
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY FOR WHICH THE BOARD 7,260
MAINTAINS RESPONSIBILITY OR CONTROL, BUT WHICH IS NOT THE COUNTY 7,261
DEPARTMENT OF JOB AND FAMILY SERVICES, THE BOARD SHALL ESTABLISH 7,262
A COUNTY WORKFORCE DEVELOPMENT FUND, AND THE ENTITY RECEIVING THE 7,263
FUNDS SHALL DEPOSIT ALL FUNDS RECEIVED UNDER THIS SECTION INTO 7,264
THE COUNTY WORKFORCE DEVELOPMENT FUND. ALL EXPENDITURES FOR 7,265
ACTIVITIES FUNDED UNDER THIS SECTION SHALL BE MADE FROM THE 7,266
COUNTY WORKFORCE DEVELOPMENT FUND. 7,267
(3) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING 7,269
WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS 7,270
ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY OTHER THAN ONE 7,271
DESCRIBED IN DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BOARD 7,272
SHALL DESIGNATE A FISCAL AGENT TO RECEIVE AND BE RESPONSIBLE FOR 7,273
THE FUNDS. ANY ENTITY DESIGNATED BY THE BOARD AS THE FISCAL 7,274
158
AGENT SHALL BE AN AGENCY SUPERVISED BY THE DIRECTOR OR THE COUNTY 7,275
AUDITOR. 7,276
(4) IF A MUNICIPAL CORPORATION ADMINISTERING WORKFORCE 7,278
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL IS DESIGNATED TO 7,279
RECEIVE FUNDS UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL 7,280
PLACE ALL FUNDS RECEIVED UNDER THIS SECTION INTO A SPECIAL FUND 7,281
AND ALL EXPENDITURES FOR WORKFORCE DEVELOPMENT ACTIVITIES SHALL 7,282
BE MADE FROM THAT FUND. THE MUNICIPAL CORPORATION MAY USE THE 7,283
FUNDS IN THAT FUND ONLY FOR THE WORKFORCE DEVELOPMENT ACTIVITIES 7,284
FOR WHICH THE FUNDS ARE APPROPRIATED. 7,285
(C) THE USE OF FUNDS, REPORTING REQUIREMENTS, AND OTHER 7,287
ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS GOVERNING THE USE OF 7,288
FUNDS RECEIVED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL BE 7,290
GOVERNED BY INTERNAL MANAGEMENT RULES ADOPTED BY THE DIRECTOR
PURSUANT TO SECTION 111.15 OF THE REVISED CODE. 7,291
(D) TO THE EXTENT PERMITTED BY STATE OR FEDERAL LAW, THE 7,293
DIRECTOR, LOCAL AREAS, COUNTIES, AND MUNICIPAL CORPORATIONS 7,294
AUTHORIZED TO ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES MAY 7,295
ASSESS A FEE FOR SPECIALIZED SERVICES REQUESTED BY AN EMPLOYER. 7,296
THE DIRECTOR SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE 7,298
REVISED CODE GOVERNING THE NATURE AND AMOUNT OF THOSE TYPES OF 7,299
FEES.
Sec. 6301.04. THE GOVERNOR SHALL ESTABLISH A STATE 7,301
WORKFORCE POLICY BOARD AND APPOINT MEMBERS TO THE BOARD, WHO 7,302
SERVE AT THE GOVERNOR'S PLEASURE, TO PERFORM DUTIES UNDER THE 7,303
"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 7,305
2801, AS AMENDED, AS AUTHORIZED BY THE GOVERNOR. THE BOARD IS 7,306
NOT SUBJECT TO SECTION 101.84 OF THE REVISED CODE. THE DIRECTOR 7,307
OF JOB AND FAMILY SERVICES MAY ASSIST THE BOARD IN THE 7,308
PERFORMANCE OF ITS DUTIES. 7,309
Sec. 6301.05. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL 7,311
CORPORATION THAT IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION 7,313
(A)(1) OF SECTION 6301.01 OF THE REVISED CODE OR IS IN THE TYPE 7,314
OF LOCAL AREA DEFINED IN DIVISION (A)(3) OF THAT SECTION SHALL 7,315
159
ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF 7,316
JOB AND FAMILY SERVICES IN ACCORDANCE WITH SECTION 5101.213 OF 7,318
THE REVISED CODE.
THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT IS THE 7,320
TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(2) OF SECTION 6301.01 7,321
OF THE REVISED CODE OR IS IN THE TYPE OF LOCAL AREA DEFINED IN 7,323
DIVISION (A)(3) OF THAT SECTION SHALL ENTER INTO A WRITTEN 7,324
PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF JOB AND FAMILY
SERVICES IN ACCORDANCE WITH SECTION 5101.21 OF THE REVISED CODE. 7,326
Sec. 6301.06. (A) THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,328
AREA SHALL CREATE A WORKFORCE POLICY BOARD, WHICH SHALL CONSIST 7,329
OF THE FOLLOWING INDIVIDUALS: 7,330
(1) THE CHIEF ELECTED OFFICIAL FROM THE MUNICIPAL 7,332
CORPORATION WITH THE LARGEST POPULATION IN THE LOCAL AREA, EXCEPT 7,333
THAT IF THE MUNICIPAL CORPORATION IS A LOCAL AREA AS DEFINED IN 7,334
DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE, THE CHIEF 7,336
ELECTED OFFICIAL OF THAT MUNICIPAL CORPORATION MAY DETERMINE 7,337
WHETHER TO BE A MEMBER OF THE BOARD. NOTWITHSTANDING DIVISION 7,340
(B) OF SECTION 6301.01 OF THE REVISED CODE, AS USED IN DIVISION 7,341
(A)(1) OF THIS SECTION, "MUNICIPAL CORPORATION" MEANS ANY 7,343
MUNICIPAL CORPORATION.
(2) THE FOLLOWING INDIVIDUALS APPOINTED TO THE BOARD BY 7,345
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, WHO SHALL MAKE 7,346
THOSE APPOINTMENTS ACCORDING TO ALL OF THE FOLLOWING 7,348
SPECIFICATIONS:
(a) AT LEAST FIVE MEMBERS OF THE BOARD SHALL BE 7,350
REPRESENTATIVES OF PRIVATE SECTOR BUSINESSES IN THE GENERAL LABOR 7,351
MARKET AREA THAT INCLUDES THAT LOCAL AREA, AND SHALL BE APPOINTED 7,352
FROM AMONG INDIVIDUALS NOMINATED BY LOCAL BUSINESS ORGANIZATIONS 7,354
AND BUSINESS TRADE ASSOCIATIONS. AMONG THESE MEMBERS, AT LEAST 7,355
ONE SHALL REPRESENT SMALL BUSINESSES, AT LEAST ONE SHALL 7,356
REPRESENT MEDIUM-SIZED BUSINESSES, AND AT LEAST ONE SHALL 7,357
REPRESENT LARGE BUSINESSES. WHEN DETERMINING WHAT CONSTITUTES 7,358
SMALL, MEDIUM-SIZED, AND LARGE BUSINESSES FOR PURPOSES OF THIS 7,359
160
DIVISION, THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA SHALL
DEFINE THOSE SIZES AS THOSE SIZES ARE GENERALLY UNDERSTOOD WITHIN 7,360
THE LABOR MARKET AREA THAT INCLUDES THAT LOCAL AREA. A MAJORITY 7,361
OF THE MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF PRIVATE 7,362
SECTOR BUSINESSES. 7,363
(b) AT LEAST TWO MEMBERS OF THE BOARD SHALL REPRESENT 7,365
ORGANIZED LABOR AND SHALL BE APPOINTED FROM NOMINATIONS SUBMITTED 7,366
BY LOCAL FEDERATIONS OF LABOR REPRESENTING WORKERS EMPLOYED IN 7,368
THE LOCAL AREA.
(c) AT LEAST TWO MEMBERS OF THE BOARD SHALL BE 7,370
REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES. FOR PURPOSES OF 7,371
THIS DIVISION, "LOCAL EDUCATIONAL ENTITIES" INCLUDES LOCAL 7,373
EDUCATIONAL AGENCIES, SCHOOL DISTRICT BOARDS OF EDUCATION,
ENTITIES PROVIDING EDUCATIONAL AND LITERACY ACTIVITIES, AND 7,374
POST-SECONDARY EDUCATIONAL INSTITUTIONS. 7,375
(d) AT LEAST ONE MEMBER OF THE BOARD SHALL BE A 7,379
REPRESENTATIVE OF CONSUMERS OF WORKFORCE DEVELOPMENT ACTIVITIES. 7,380
(e) ANY OTHER INDIVIDUALS THE CHIEF ELECTED OFFICIALS OF 7,383
THE LOCAL AREA DETERMINE ARE NECESSARY. 7,384
(B) MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE 7,386
CHIEF ELECTED OFFICIALS OF THE LOCAL AREA. MEMBERS SHALL NOT BE 7,387
COMPENSATED BUT MAY BE REIMBURSED FOR ACTUAL, REASONABLE, AND 7,389
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS
BOARD MEMBERS. THOSE EXPENSES SHALL BE PAID FROM FUNDS ALLOCATED 7,391
PURSUANT TO SECTION 6301.03 OF THE REVISED CODE. 7,392
THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY PROVIDE 7,394
OFFICE SPACE, STAFF, OR OTHER ADMINISTRATIVE SUPPORT AS NEEDED TO 7,395
THE BOARD. FOR PURPOSES OF SECTION 102.02 OF THE REVISED CODE, 7,396
MEMBERS OF THE BOARD ARE NOT PUBLIC OFFICIALS OR EMPLOYEES. 7,397
(C) THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA OTHER THAN 7,399
A LOCAL AREA AS DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF 7,400
THE REVISED CODE, SHALL COORDINATE THE WORKFORCE DEVELOPMENT 7,401
ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING COMMITTEES AND 7,402
THE WORKFORCE POLICY BOARDS IN THE LOCAL AREA IN ANY MANNER THAT 7,403
161
IS EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF THE LOCAL AREA. 7,404
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA MAY, BUT ARE NOT 7,405
REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES AS THEY 7,406
DETERMINE APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES OF 7,407
WORKFORCE DEVELOPMENT ACTIVITIES. A MAJORITY OF THE MEMBERS OF 7,408
THAT CONSOLIDATED BOARD SHALL REPRESENT PRIVATE SECTOR 7,409
BUSINESSES. THE MEMBERSHIP OF THAT CONSOLIDATED BOARD SHALL 7,410
INCLUDE A REPRESENTATIVE FROM EACH GROUP GRANTED REPRESENTATION 7,411
AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND ALSO A MEMBER 7,412
WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A MEMBER WHO 7,413
REPRESENTS THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES. THE 7,414
MEMBERSHIP OF THAT CONSOLIDATED BOARD MAY INCLUDE A 7,415
REPRESENTATIVE OF ONE OR MORE GROUPS AND ENTITIES THAT MAY BE 7,416
REPRESENTED ON A COUNTY FAMILY SERVICES PLANNING COMMITTEE, AS 7,417
SPECIFIED IN SECTION 329.06 OF THE REVISED CODE. 7,418
Sec. 6301.07. (A) EVERY WORKFORCE POLICY BOARD, WITH THE 7,420
AGREEMENT OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, AND 7,421
AFTER HOLDING PUBLIC HEARINGS THAT ALLOW PUBLIC COMMENT AND 7,422
TESTIMONY, SHALL PREPARE A WORKFORCE DEVELOPMENT PLAN AND 7,424
INCORPORATE THAT PLAN INTO AND ATTACH THAT PLAN TO THE
PARTNERSHIP AGREEMENT REQUIRED UNDER SECTION 6301.05 OF THE 7,426
REVISED CODE. THE PLAN SHALL ACCOMPLISH ALL OF THE FOLLOWING: 7,427
(1) IDENTIFY THE WORKFORCE INVESTMENT NEEDS OF BUSINESSES 7,429
IN THE LOCAL AREA, IDENTIFY PROJECTED EMPLOYMENT OPPORTUNITIES, 7,430
AND IDENTIFY THE JOB SKILLS NECESSARY TO OBTAIN THOSE 7,431
OPPORTUNITIES;
(2) IDENTIFY THE LOCAL AREA'S WORKFORCE DEVELOPMENT NEEDS 7,433
FOR YOUTH, DISLOCATED WORKERS, ADULTS, DISPLACED HOMEMAKERS, 7,434
INCUMBENT WORKERS, AND ANY OTHER GROUP OF WORKERS IDENTIFIED BY 7,435
THE WORKFORCE POLICY BOARD; 7,436
(3) DETERMINE THE DISTRIBUTION OF WORKFORCE DEVELOPMENT 7,438
RESOURCES AND FUNDING TO BE DISTRIBUTED FOR EACH WORKFORCE 7,439
DEVELOPMENT ACTIVITY TO MEET THE IDENTIFIED NEEDS, UTILIZING THE 7,442
FUNDS ALLOCATED PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF 7,443
162
1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED; 7,444
(4) REVIEW THE MINIMUM CURRICULUM REQUIRED BY THE STATE 7,446
WORKFORCE POLICY BOARD FOR CERTIFYING TRAINING PROVIDERS AND 7,447
IDENTIFY ANY ADDITIONAL CURRICULUM REQUIREMENTS TO INCLUDE IN 7,448
CONTRACTS BETWEEN THE TRAINING PROVIDERS AND THE CHIEF ELECTED 7,449
OFFICIALS OF THE LOCAL AREA;
(5) ESTABLISH PERFORMANCE STANDARDS FOR SERVICE PROVIDERS 7,451
THAT REFLECT LOCAL WORKFORCE DEVELOPMENT NEEDS; 7,452
(6) DESCRIBE ANY OTHER INFORMATION THE CHIEF ELECTED 7,454
OFFICIALS OF THE LOCAL AREA REQUIRE. 7,455
(B) A WORKFORCE POLICY BOARD MAY PROVIDE POLICY GUIDANCE 7,457
AND RECOMMENDATIONS TO THE CHIEF ELECTED OFFICIALS OF A LOCAL 7,458
AREA FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES. 7,459
(C) NOTHING IN THIS SECTION PROHIBITS THE CHIEF ELECTED 7,461
OFFICIALS OF A LOCAL AREA FROM ASSIGNING, THROUGH A PARTNERSHIP 7,462
AGREEMENT, ANY DUTIES IN ADDITION TO THE DUTIES UNDER THIS 7,463
SECTION TO A WORKFORCE POLICY BOARD, EXCEPT THAT A WORKFORCE 7,464
POLICY BOARD CANNOT CONTRACT WITH ITSELF FOR THE DIRECT PROVISION 7,465
OF SERVICES IN ITS LOCAL AREA. A WORKFORCE POLICY BOARD MAY 7,466
CONSULT WITH THE CHIEF ELECTED OFFICIALS OF ITS LOCAL AREA AND 7,467
MAKE RECOMMENDATIONS REGARDING THE WORKFORCE DEVELOPMENT 7,468
ACTIVITIES PROVIDED IN ITS LOCAL AREA AT ANY TIME. 7,469
Sec. 6301.08. EVERY LOCAL AREA SHALL PARTICIPATE IN A 7,471
ONE-STOP SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES. EACH BOARD 7,472
OF COUNTY COMMISSIONERS AND THE CHIEF ELECTED OFFICIAL OF A 7,473
MUNICIPAL CORPORATION SHALL ENSURE THAT AT LEAST ONE PHYSICAL 7,474
LOCATION IS AVAILABLE IN THE LOCAL AREA FOR THE PROVISION OF 7,475
WORKFORCE DEVELOPMENT ACTIVITIES. 7,476
A ONE-STOP SYSTEM MAY BE OPERATED BY A PRIVATE ENTITY OR A 7,478
PUBLIC AGENCY, INCLUDING A WORKFORCE DEVELOPMENT AGENCY, ANY 7,479
EXISTING FACILITY OR ORGANIZATION THAT IS ESTABLISHED TO 7,480
ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA, 7,481
AND A COUNTY FAMILY SERVICES AGENCY.
A ONE-STOP SYSTEM SHALL INCLUDE REPRESENTATIVES OF ALL THE 7,483
163
PARTNERS REQUIRED UNDER THE "WORKFORCE INVESTMENT ACT OF 1998," 7,486
112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED. ADDITIONALLY, AT 7,488
LEAST ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF JOB AND 7,489
FAMILY SERVICES SHALL STAFF A ONE-STOP SYSTEM TO REPRESENT ALL OF 7,490
THE COUNTY FAMILY SERVICES AGENCIES WITHIN THE LOCAL AREA. 7,491
Sec. 6301.09. THE PROVISION UNDER DIVISION (g) OF SECTION 7,493
111 OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 7,498
U.S.C.A. 2801, AS AMENDED, APPLIES TO THE STATE WORKFORCE POLICY 7,500
BOARD CREATED UNDER SECTION 6301.04 OF THE REVISED CODE. THE 7,501
PROVISION UNDER DIVISION (e) OF SECTION 117 OF THE "WORKFORCE 7,503
INVESTMENT ACT OF 1998" APPLIES TO THE WORKFORCE POLICY BOARDS 7,505
ESTABLISHED PURSUANT TO SECTION 6301.04 OF THE REVISED CODE. 7,506
Sec. 6301.10. BEGINNING JANUARY 1, 2001, AND EACH CALENDAR 7,508
QUARTER THEREAFTER, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL 7,509
PREPARE A REPORT CONCERNING THE STATE OF OHIO'S WORKFORCE. THE 7,510
DIRECTOR SHALL DISTRIBUTE THE REPORT TO THE PRESIDENT AND 7,511
MINORITY LEADER OF THE SENATE, THE SPEAKER AND MINORITY LEADER OF 7,513
THE HOUSE OF REPRESENTATIVES, THE STATE WORKFORCE POLICY BOARD, 7,515
THE GOVERNOR'S OFFICE OF APPALACHIAN OHIO, AND THE COMMISSION ON 7,516
AFRICAN-AMERICAN MALES.
Section 2. That existing sections 119.01, 119.03, 121.02, 7,518
121.03, 121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 7,519
153.06, 307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 7,520
307.986, 307.987, 329.011, 329.04, 329.05, 329.06, 2151.011, 7,521
2301.357, 2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 7,522
4141.06, 4141.08, 4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 7,523
4141.28, 5101.01, 5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 7,524
5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 7,525
5101.37, 5101.38, 5101.80, 5101.97, and 5103.02 and sections 7,526
4141.02, 4141.03, 4141.05, 4141.057, 4141.12, 4141.15, 4141.16, 7,528
4141.161, 4141.163, 4141.44, 5101.07, 5101.12, 5101.13, 5101.39, 7,529
5101.40, 5101.41, 5101.56, 5103.01, 5103.05, 5103.06, 5103.09, 7,530
5103.10, 5103.11, 5103.18, and 5103.19 of the Revised Code are 7,531
hereby repealed.
164
Section 3. That the version of section 119.03 of the 7,533
Revised Code, as scheduled to take effect on April 1, 2001, be 7,534
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 7,543
any rule, an agency shall comply with the following procedure: 7,544
(A) Reasonable public notice shall be given in the 7,546
register of Ohio at least thirty days prior to the date set for a 7,548
hearing, in the form the agency determines. The agency shall 7,549
file copies of the public notice under division (B) of this 7,550
section. (The agency gives public notice in the register of Ohio 7,551
when the public notice is published in the register under that 7,552
division.)
The public notice shall include: 7,554
(1) A statement of the agency's intention to consider 7,556
adopting, amending, or rescinding a rule; 7,557
(2) A synopsis of the proposed rule, amendment, or rule to 7,559
be rescinded or a general statement of the subject matter to 7,560
which the proposed rule, amendment, or rescission relates; 7,561
(3) A statement of the reason or purpose for adopting, 7,563
amending, or rescinding the rule; 7,564
(4) The date, time, and place of a hearing on the proposed 7,566
action, which shall be not earlier than the thirty-first nor 7,568
later than the fortieth day after the proposed rule, amendment, 7,570
or rescission is filed under division (B) of this section. 7,571
In addition to public notice given in the register of Ohio, 7,574
the agency may give whatever other notice it reasonably considers 7,576
necessary to ensure notice constructively is given to all persons 7,577
who are subject to or affected by the proposed rule, amendment, 7,578
or rescission.
The agency shall provide a copy of the public notice 7,581
required under division (A) of this section to any person who 7,582
requests it and pays a reasonable fee, not to exceed the cost of 7,583
copying and mailing. 7,584
(B) The full text of the proposed rule, amendment, or rule 7,587
165
to be rescinded, accompanied by the public notice required under 7,588
division (A) of this section, shall be filed in both print and 7,589
electronic form with the secretary of state and with the director 7,591
of the legislative service commission. (If in compliance with 7,592
this division an agency files more than one proposed rule, 7,593
amendment, or rescission at the same time, and has prepared a 7,594
public notice under division (A) of this section that applies to 7,595
more than one of the proposed rules, amendments, or rescissions, 7,596
the agency shall file only one notice with the secretary of state 7,597
and with the director for all of the proposed rules, amendments, 7,598
or rescissions to which the notice applies.) The proposed rule, 7,599
amendment, or rescission and public notice shall be filed as 7,600
required by this division at least sixty-five days prior to the 7,601
date on which the agency, in accordance with division (D) of this 7,602
section, issues an order adopting the proposed rule, amendment, 7,603
or rescission. 7,604
The proposed rule, amendment, or rescission shall be 7,607
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 7,608
form without charge to any person affected by the proposal. 7,609
Failure to furnish such text to any person requesting it shall 7,610
not invalidate any action of the agency in connection therewith. 7,611
If the agency files a substantive revision in the text of 7,613
the proposed rule, amendment, or rescission under division (H) of 7,614
this section, it shall also promptly file the full text of the 7,616
proposed rule, amendment, or rescission in its revised form in 7,617
both print and electronic form with the secretary of state and 7,618
with the director of the legislative service commission. 7,619
The agency shall file the rule summary and fiscal analysis 7,623
prepared under section 121.24 or 127.18 of the Revised Code, or 7,624
both, in both print and electronic form along with a proposed 7,625
rule, amendment, or rescission or proposed rule, amendment, or 7,626
rescission in revised form that is filed with the secretary of 7,627
state or the director of the legislative service commission. 7,628
166
The director of the legislative service commission shall 7,630
publish in the register of Ohio the full text of the original and 7,632
each revised version of a proposed rule, amendment, or 7,633
rescission; the full text of a public notice; and the full text 7,635
of a rule summary and fiscal analysis that is filed with the 7,636
director under this division.
(C) On the date and at the time and place designated in 7,638
the notice, the agency shall conduct a public hearing at which 7,639
any person affected by the proposed action of the agency may 7,640
appear and be heard in person, by the person's attorney, or both, 7,642
may present the person's position, arguments, or contentions, 7,643
orally or in writing, offer and examine witnesses, and present 7,645
evidence tending to show that the proposed rule, amendment, or 7,646
rescission, if adopted or effectuated, will be unreasonable or 7,647
unlawful. An agency may permit persons affected by the proposed 7,648
rule, amendment, or rescission to present their positions, 7,649
arguments, or contentions in writing, not only at the hearing, 7,650
but also for a reasonable period before, after, or both before 7,651
and after the hearing. A person who presents a position or 7,652
arguments or contentions in writing before or after the hearing 7,653
is not required to appear at the hearing. 7,654
At the hearing, the testimony shall be recorded. Such 7,656
record shall be made at the expense of the agency. The agency is 7,659
required to transcribe a record that is not sight readable only 7,660
if a person requests transcription of all or part of the record 7,661
and agrees to reimburse the agency for the costs of the 7,662
transcription. An agency may require the person to pay in 7,663
advance all or part of the cost of the transcription. 7,664
In any hearing under this section the agency may administer 7,666
oaths or affirmations. 7,667
(D) After complying with divisions (A), (B), (C), and (H) 7,669
of this section, and when the time for legislative review and 7,670
invalidation under division (I) of this section has expired, the 7,671
agency may issue an order adopting the proposed rule or the 7,672
167
proposed amendment or rescission of the rule, consistent with the 7,673
synopsis or general statement included in the public notice. At 7,674
that time the agency shall designate the effective date of the 7,675
rule, amendment, or rescission, which shall not be earlier than 7,676
the tenth day after the rule, amendment, or rescission has been 7,677
filed in its final form as provided in section 119.04 of the 7,678
Revised Code. 7,679
(E) Prior to the effective date of a rule, amendment, or 7,681
rescission, the agency shall make a reasonable effort to inform 7,682
those affected by the rule, amendment, or rescission and to have 7,683
available for distribution to those requesting it the full text 7,684
of the rule as adopted or as amended. 7,685
(F) If the governor, upon the request of an agency, 7,687
determines that an emergency requires the immediate adoption, 7,688
amendment, or rescission of a rule, the governor shall issue an 7,690
order, the text of which shall be filed in both print and 7,691
electronic form with the agency, the secretary of state, the 7,693
director of the legislative service commission, and the joint 7,694
committee on agency rule review, that the procedure prescribed by 7,695
this section with respect to the adoption, amendment, or 7,696
rescission of a specified rule is suspended. The agency may then 7,697
adopt immediately the emergency rule, amendment, or rescission 7,698
and it becomes effective on the date the rule, amendment, or 7,699
rescission, in final form and in compliance with division (A)(2) 7,700
of section 119.04 of the Revised Code, are filed in both print 7,701
and electronic form with the secretary of state, the director of 7,703
the legislative service commission, and the joint committee on 7,705
agency rule review. If all filings are not completed on the same 7,707
day, the emergency rule, amendment, or rescission shall be 7,708
effective on the day on which the latest filing is completed. 7,709
The director shall publish the full text of the emergency rule, 7,711
amendment, or rescission in the register of Ohio. 7,712
The emergency rule, amendment, or rescission shall become 7,715
invalid at the end of the ninetieth day it is in effect. Prior 7,716
168
to that date the agency may adopt the emergency rule, amendment, 7,717
or rescission as a nonemergency rule, amendment, or rescission by 7,718
complying with the procedure prescribed by this section for the 7,719
adoption, amendment, and rescission of nonemergency rules. The 7,720
agency shall not use the procedure of this division to readopt 7,721
the emergency rule, amendment, or rescission so that, upon the 7,722
emergency rule, amendment, or rescission becoming invalid under 7,723
this division, the emergency rule, amendment, or rescission will 7,724
continue in effect without interruption for another ninety-day 7,725
period.
This division does not apply to the adoption of any 7,727
emergency rule, amendment, or rescission by the tax commissioner 7,728
under division (C)(2) of section 5117.02 of the Revised Code. 7,729
(G) Rules adopted by an authority within the department of 7,731
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 7,732
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 7,733
DEPARTMENT of employment services TAXATION shall be effective 7,735
without a hearing as provided by this section if the statutes 7,736
pertaining to such agency specifically give a right of appeal to 7,737
the board of tax appeals or to a higher authority within the 7,738
agency or to a court, and also give the appellant a right to a 7,739
hearing on such appeal. This division does not apply to the 7,740
adoption of any rule, amendment, or rescission by the tax 7,741
commissioner under division (C)(1) or (2) of section 5117.02 of 7,742
the Revised Code, or deny the right to file an action for 7,743
declaratory judgment as provided in Chapter 2721. of the Revised 7,744
Code from the decision of the board of tax appeals or of the 7,745
higher authority within such agency. 7,746
(H) When any agency files a proposed rule, amendment, or 7,748
rescission under division (B) of this section, it shall also file 7,749
in both print and electronic form with the joint committee on 7,750
agency rule review the full text of the proposed rule, amendment, 7,752
or rule to be rescinded in the same form and the public notice 7,753
required under division (A) of this section. (If in compliance 7,754
169
with this division an agency files more than one proposed rule, 7,755
amendment, or rescission at the same time, and has given a public 7,756
notice under division (A) of this section that applies to more 7,757
than one of the proposed rules, amendments, or rescissions, the 7,758
agency shall file only one notice with the joint committee for 7,761
all of the proposed rules, amendments, or rescissions to which 7,762
the notice applies.) If the agency makes a substantive revision 7,763
in a proposed rule, amendment, or rescission after it is filed 7,764
with the joint committee, the agency shall promptly file the full 7,765
text of the proposed rule, amendment, or rescission in its 7,766
revised form in both print and electronic form with the joint 7,767
committee. The latest version of a proposed rule, amendment, or 7,768
rescission as filed with the joint committee supersedes each 7,769
earlier version of the text of the same proposed rule, amendment, 7,770
or rescission. An agency shall file the rule summary and fiscal 7,772
analysis prepared under section 121.24 or 127.18 of the Revised 7,773
Code, or both, in both print and electronic form along with a 7,774
proposed rule, amendment, or rescission, and along with a 7,775
proposed rule, amendment, or rescission in revised form, that is 7,776
filed under this division. 7,777
This division does not apply to: 7,779
(1) An emergency rule, amendment, or rescission; 7,781
(2) Any proposed rule, amendment, or rescission that must 7,783
be adopted verbatim by an agency pursuant to federal law or rule, 7,784
to become effective within sixty days of adoption, in order to 7,785
continue the operation of a federally reimbursed program in this 7,786
state, so long as the proposed rule contains both of the 7,787
following: 7,788
(a) A statement that it is proposed for the purpose of 7,790
complying with a federal law or rule; 7,791
(b) A citation to the federal law or rule that requires 7,793
verbatim compliance. 7,794
If a rule or amendment is exempt from legislative review 7,796
under division (H)(2) of this section, and if the federal law or 7,797
170
rule pursuant to which the rule or amendment was adopted expires, 7,798
is repealed or rescinded, or otherwise terminates, the rule or 7,799
amendment, or its rescission, is thereafter subject to 7,800
legislative review under division (H) of this section. 7,801
(I)(1) The joint committee on agency rule review may 7,803
recommend the adoption of a concurrent resolution invalidating a 7,804
proposed rule, amendment, rescission, or part thereof if it finds 7,805
any of the following: 7,806
(a) That the rule-making agency has exceeded the scope of 7,808
its statutory authority in proposing the rule, amendment, or 7,809
rescission; 7,810
(b) That the proposed rule, amendment, or rescission 7,812
conflicts with another rule, amendment, or rescission adopted by 7,813
the same or a different rule-making agency; 7,814
(c) That the proposed rule, amendment, or rescission 7,816
conflicts with the legislative intent in enacting the statute 7,817
under which the rule-making agency proposed the rule, amendment, 7,818
or rescission; 7,819
(d) That the rule-making agency has failed to prepare a 7,821
complete and accurate rule summary and fiscal analysis of the 7,822
proposed rule, amendment, or rescission as required by section 7,823
121.24 or 127.18 of the Revised Code, or both. 7,824
The joint committee shall not hold its public hearing on a 7,826
proposed rule, amendment, or rescission earlier than the 7,827
forty-first day after the original version of the proposed rule, 7,828
amendment, or rescission was filed with the joint committee. 7,829
The house of representatives and senate may adopt a 7,831
concurrent resolution invalidating a proposed rule, amendment, 7,832
rescission, or part thereof. The concurrent resolution shall 7,833
state which of the specific rules, amendments, rescissions, or 7,834
parts thereof are invalidated. A concurrent resolution 7,835
invalidating a proposed rule, amendment, or rescission shall be 7,836
adopted not later than the sixty-fifth day after the original 7,838
version of the text of the proposed rule, amendment, or 7,839
171
rescission is filed with the joint committee, except that if more 7,840
than thirty-five days after the original version is filed the 7,841
rule-making agency either files a revised version of the text of 7,842
the proposed rule, amendment, or rescission, or revises the rule 7,843
summary and fiscal analysis in accordance with division (I)(4) of 7,844
this section, a concurrent resolution invalidating the proposed 7,845
rule, amendment, or rescission shall be adopted not later than 7,846
the thirtieth day after the revised version of the proposed rule 7,848
or rule summary and fiscal analysis is filed. If, after the 7,849
joint committee on agency rule review recommends the adoption of 7,850
a concurrent resolution invalidating a proposed rule, amendment, 7,851
rescission, or part thereof, the house of representatives or 7,852
senate does not, within the time remaining for adoption of the 7,853
concurrent resolution, hold five floor sessions at which its 7,854
journal records a roll call vote disclosing a sufficient number 7,855
of members in attendance to pass a bill, the time within which 7,856
that house may adopt the concurrent resolution is extended until 7,857
it has held five such floor sessions. 7,858
Within five days after the adoption of a concurrent 7,860
resolution invalidating a proposed rule, amendment, rescission, 7,861
or part thereof, the clerk of the senate shall send the 7,862
rule-making agency, the secretary of state, and the director of 7,863
the legislative service commission in both print and electronic 7,864
form a certified text of the resolution together with a 7,866
certification stating the date on which the resolution takes 7,867
effect. The secretary of state and the director of the 7,868
legislative service commission shall each note the invalidity of 7,869
the proposed rule, amendment, rescission, or part thereof, and 7,870
shall each remove the invalid proposed rule, amendment, 7,872
rescission, or part thereof from the file of proposed rules. The 7,873
rule-making agency shall not proceed to adopt in accordance with 7,874
division (D) of this section, or to file in accordance with 7,875
division (B)(1) of section 111.15 of the Revised Code, any 7,876
version of a proposed rule, amendment, rescission, or part 7,877
172
thereof that has been invalidated by concurrent resolution. 7,878
Unless the house of representatives and senate adopt a 7,880
concurrent resolution invalidating a proposed rule, amendment, 7,881
rescission, or part thereof within the time specified by this 7,882
division, the rule-making agency may proceed to adopt in 7,883
accordance with division (D) of this section, or to file in 7,884
accordance with division (B)(1) of section 111.15 of the Revised 7,885
Code, the latest version of the proposed rule, amendment, or 7,886
rescission as filed with the joint committee. If by concurrent 7,887
resolution certain of the rules, amendments, rescissions, or 7,888
parts thereof are specifically invalidated, the rule-making 7,889
agency may proceed to adopt, in accordance with division (D) of 7,890
this section, or to file in accordance with division (B)(1) of 7,891
section 111.15 of the Revised Code, the latest version of the 7,892
proposed rules, amendments, rescissions, or parts thereof as 7,893
filed with the joint committee that are not specifically 7,894
invalidated. The rule-making agency may not revise or amend any 7,895
proposed rule, amendment, rescission, or part thereof that has 7,896
not been invalidated except as provided in this chapter or in 7,897
section 111.15 of the Revised Code. 7,898
(2)(a) A proposed rule, amendment, or rescission that is 7,900
filed with the joint committee under division (H) of this section 7,901
or division (D) of section 111.15 of the Revised Code shall be 7,902
carried over for legislative review to the next succeeding 7,903
regular session of the general assembly if the original or any 7,904
revised version of the proposed rule, amendment, or rescission is 7,905
filed with the joint committee on or after the first day of 7,906
December of any year. 7,907
(b) The latest version of any proposed rule, amendment, or 7,909
rescission that is subject to division (I)(2)(a) of this section, 7,910
as filed with the joint committee, is subject to legislative 7,911
review and invalidation in the next succeeding regular session of 7,912
the general assembly in the same manner as if it were the 7,913
original version of a proposed rule, amendment, or rescission 7,914
173
that had been filed with the joint committee for the first time 7,915
on the first day of the session. A rule-making agency shall not 7,916
adopt in accordance with division (D) of this section, or file in 7,917
accordance with division (B)(1) of section 111.15 of the Revised 7,918
Code, any version of a proposed rule, amendment, or rescission 7,919
that is subject to division (I)(2)(a) of this section until the 7,920
time for legislative review and invalidation, as contemplated by 7,921
division (I)(2)(b) of this section, has expired. 7,922
(3) Invalidation of any version of a proposed rule, 7,924
amendment, rescission, or part thereof by concurrent resolution 7,925
shall prevent the rule-making agency from instituting or 7,926
continuing proceedings to adopt any version of the same proposed 7,927
rule, amendment, rescission, or part thereof for the duration of 7,928
the general assembly that invalidated the proposed rule, 7,929
amendment, rescission, or part thereof unless the same general 7,930
assembly adopts a concurrent resolution permitting the 7,931
rule-making agency to institute or continue such proceedings. 7,932
The failure of the general assembly to invalidate a 7,934
proposed rule, amendment, rescission, or part thereof under this 7,935
section shall not be construed as a ratification of the 7,936
lawfulness or reasonableness of the proposed rule, amendment, 7,937
rescission, or any part thereof or of the validity of the 7,938
procedure by which the proposed rule, amendment, rescission, or 7,939
any part thereof was proposed or adopted. 7,940
(4) In lieu of recommending a concurrent resolution to 7,942
invalidate a proposed rule, amendment, rescission, or part 7,943
thereof because the rule-making agency has failed to prepare a 7,944
complete and accurate fiscal analysis, the joint committee on 7,945
agency rule review may issue, on a one-time basis, for rules, 7,946
amendments, rescissions, or parts thereof that have a fiscal 7,947
effect on school districts, counties, townships, or municipal 7,948
corporations, a finding that the rule summary and fiscal analysis 7,950
is incomplete or inaccurate and order the rule-making agency to 7,951
revise the rule summary and fiscal analysis and refile it with 7,952
174
the proposed rule, amendment, rescission, or part thereof. If an 7,953
emergency rule is filed as a nonemergency rule before the end of 7,954
the ninetieth day of the emergency rule's effectiveness, and the 7,955
joint committee issues a finding and orders the rule-making 7,956
agency to refile under division (I)(4) of this section, the 7,957
governor may also issue an order stating that the emergency rule 7,959
shall remain in effect for an additional sixty days after the 7,960
ninetieth day of the emergency rule's effectiveness. The 7,961
governor's orders shall be filed in accordance with division (F) 7,963
of this section. The joint committee shall send in both print 7,964
and electronic form to the rule-making agency, the secretary of 7,965
state, and the director of the legislative service commission a 7,966
certified text of the finding and order to revise the rule 7,968
summary and fiscal analysis, which shall take immediate effect. 7,969
An order issued under division (I)(4) of this section shall 7,972
prevent the rule-making agency from instituting or continuing 7,973
proceedings to adopt any version of the proposed rule, amendment, 7,974
rescission, or part thereof until the rule-making agency revises 7,975
the rule summary and fiscal analysis and refiles it in both print 7,976
and electronic form with the joint committee along with the 7,977
proposed rule, amendment, rescission, or part thereof. If the 7,978
joint committee finds the rule summary and fiscal analysis to be 7,979
complete and accurate, the joint committee shall issue a new 7,980
order noting that the rule-making agency has revised and refiled 7,981
a complete and accurate rule summary and fiscal analysis. The 7,982
joint committee shall send in both print and electronic form to 7,983
the rule-making agency, the secretary of state, and the director 7,985
of the legislative service commission a certified text of this 7,986
new order. The secretary of state and the director of the 7,988
legislative service commission shall each attach and link this 7,989
order to the proposed rule, amendment, rescission, or part 7,990
thereof. The rule-making agency may then proceed to adopt in 7,991
accordance with division (D) of this section, or to file in 7,992
accordance with division (B)(1) of section 111.15 of the Revised 7,993
175
Code, the proposed rule, amendment, rescission, or part thereof 7,994
that was subject to the finding and order under division (I)(4) 7,995
of this section. If the joint committee determines that the 7,996
revised rule summary and fiscal analysis is still inaccurate or 7,997
incomplete, the joint committee shall recommend the adoption of a 7,998
concurrent resolution in accordance with division (I)(1) of this 7,999
section.
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL 8,002
APRIL 1, 2002.
Section 4. That all existing versions of section 119.03 of 8,004
the Revised Code are hereby repealed. 8,005
Section 5. Sections 3 and 4 of this act take effect April 8,007
1, 2001.
Section 6. That the version of section 119.03 of the 8,009
Revised Code, as scheduled to take effect on April 1, 2002, be 8,010
amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of 8,019
any rule, an agency shall comply with the following procedure: 8,020
(A) Reasonable public notice shall be given in the 8,022
register of Ohio at least thirty days prior to the date set for a 8,024
hearing, in the form the agency determines. The agency shall 8,025
file copies of the public notice under division (B) of this 8,026
section. (The agency gives public notice in the register of Ohio 8,027
when the public notice is published in the register under that 8,028
division.)
The public notice shall include: 8,031
(1) A statement of the agency's intention to consider 8,033
adopting, amending, or rescinding a rule; 8,034
(2) A synopsis of the proposed rule, amendment, or rule to 8,036
be rescinded or a general statement of the subject matter to 8,037
which the proposed rule, amendment, or rescission relates; 8,038
(3) A statement of the reason or purpose for adopting, 8,040
amending, or rescinding the rule; 8,041
(4) The date, time, and place of a hearing on the proposed 8,043
176
action, which shall be not earlier than the thirty-first nor 8,045
later than the fortieth day after the proposed rule, amendment, 8,047
or rescission is filed under division (B) of this section. 8,048
In addition to public notice given in the register of Ohio, 8,051
the agency may give whatever other notice it reasonably considers 8,053
necessary to ensure notice constructively is given to all persons 8,054
who are subject to or affected by the proposed rule, amendment, 8,055
or rescission.
The agency shall provide a copy of the public notice 8,058
required under division (A) of this section to any person who 8,059
requests it and pays a reasonable fee, not to exceed the cost of 8,060
copying and mailing. 8,061
(B) The full text of the proposed rule, amendment, or rule 8,064
to be rescinded, accompanied by the public notice required under 8,065
division (A) of this section, shall be filed in electronic form 8,066
with the secretary of state and with the director of the 8,069
legislative service commission. (If in compliance with this 8,070
division an agency files more than one proposed rule, amendment, 8,071
or rescission at the same time, and has prepared a public notice 8,072
under division (A) of this section that applies to more than one 8,075
of the proposed rules, amendments, or rescissions, the agency 8,076
shall file only one notice with the secretary of state and with 8,078
the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule, 8,079
amendment, or rescission and public notice shall be filed as 8,080
required by this division at least sixty-five days prior to the 8,081
date on which the agency, in accordance with division (D) of this 8,082
section, issues an order adopting the proposed rule, amendment, 8,083
or rescission. 8,084
The proposed rule, amendment, or rescission shall be 8,087
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 8,088
form without charge to any person affected by the proposal. 8,089
Failure to furnish such text to any person requesting it shall 8,090
177
not invalidate any action of the agency in connection therewith. 8,091
If the agency files a substantive revision in the text of 8,093
the proposed rule, amendment, or rescission under division (H) of 8,094
this section, it shall also promptly file the full text of the 8,096
proposed rule, amendment, or rescission in its revised form in 8,097
electronic form with the secretary of state and with the director 8,099
of the legislative service commission.
The agency shall file the rule summary and fiscal analysis 8,103
prepared under section 121.24 or 127.18 of the Revised Code, or 8,104
both, in electronic form along with a proposed rule, amendment, 8,106
or rescission or proposed rule, amendment, or rescission in 8,109
revised form that is filed with the secretary of state or the
director of the legislative service commission. 8,110
The director of the legislative service commission shall 8,112
publish in the register of Ohio the full text of the original and 8,114
each revised version of a proposed rule, amendment, or 8,115
rescission; the full text of a public notice; and the full text 8,117
of a rule summary and fiscal analysis that is filed with the 8,118
director under this division.
(C) On the date and at the time and place designated in 8,120
the notice, the agency shall conduct a public hearing at which 8,121
any person affected by the proposed action of the agency may 8,122
appear and be heard in person, by the person's attorney, or both, 8,124
may present the person's position, arguments, or contentions, 8,125
orally or in writing, offer and examine witnesses, and present 8,127
evidence tending to show that the proposed rule, amendment, or 8,128
rescission, if adopted or effectuated, will be unreasonable or 8,129
unlawful. An agency may permit persons affected by the proposed 8,130
rule, amendment, or rescission to present their positions, 8,131
arguments, or contentions in writing, not only at the hearing, 8,132
but also for a reasonable period before, after, or both before 8,133
and after the hearing. A person who presents a position or 8,134
arguments or contentions in writing before or after the hearing 8,135
is not required to appear at the hearing. 8,136
178
At the hearing, the testimony shall be recorded. Such 8,138
record shall be made at the expense of the agency. The agency is 8,141
required to transcribe a record that is not sight readable only 8,142
if a person requests transcription of all or part of the record 8,143
and agrees to reimburse the agency for the costs of the 8,144
transcription. An agency may require the person to pay in 8,145
advance all or part of the cost of the transcription. 8,146
In any hearing under this section the agency may administer 8,148
oaths or affirmations. 8,149
(D) After complying with divisions (A), (B), (C), and (H) 8,152
of this section, and when the time for legislative review and 8,153
invalidation under division (I) of this section has expired, the 8,154
agency may issue an order adopting the proposed rule or the 8,155
proposed amendment or rescission of the rule, consistent with the 8,156
synopsis or general statement included in the public notice. At 8,157
that time the agency shall designate the effective date of the 8,158
rule, amendment, or rescission, which shall not be earlier than 8,159
the tenth day after the rule, amendment, or rescission has been 8,160
filed in its final form as provided in section 119.04 of the 8,161
Revised Code. 8,162
(E) Prior to the effective date of a rule, amendment, or 8,164
rescission, the agency shall make a reasonable effort to inform 8,165
those affected by the rule, amendment, or rescission and to have 8,166
available for distribution to those requesting it the full text 8,167
of the rule as adopted or as amended. 8,168
(F) If the governor, upon the request of an agency, 8,170
determines that an emergency requires the immediate adoption, 8,171
amendment, or rescission of a rule, the governor shall issue an 8,173
order, the text of which shall be filed in electronic form with 8,174
the agency, the secretary of state, the director of the 8,175
legislative service commission, and the joint committee on agency 8,176
rule review, that the procedure prescribed by this section with 8,177
respect to the adoption, amendment, or rescission of a specified 8,178
rule is suspended. The agency may then adopt immediately the 8,179
179
emergency rule, amendment, or rescission and it becomes effective 8,180
on the date the rule, amendment, or rescission, in final form and 8,181
in compliance with division (A)(2) of section 119.04 of the 8,182
Revised Code, are filed in electronic form with the secretary of 8,185
state, the director of the legislative service commission, and 8,186
the joint committee on agency rule review. If all filings are 8,187
not completed on the same day, the emergency rule, amendment, or 8,188
rescission shall be effective on the day on which the latest 8,189
filing is completed. The director shall publish the full text 8,190
of the emergency rule, amendment, or rescission in the register 8,191
of Ohio.
The emergency rule, amendment, or rescission shall become 8,194
invalid at the end of the ninetieth day it is in effect. Prior 8,195
to that date the agency may adopt the emergency rule, amendment, 8,196
or rescission as a nonemergency rule, amendment, or rescission by 8,197
complying with the procedure prescribed by this section for the 8,198
adoption, amendment, and rescission of nonemergency rules. The 8,199
agency shall not use the procedure of this division to readopt 8,200
the emergency rule, amendment, or rescission so that, upon the 8,201
emergency rule, amendment, or rescission becoming invalid under 8,202
this division, the emergency rule, amendment, or rescission will 8,203
continue in effect without interruption for another ninety-day 8,204
period.
This division does not apply to the adoption of any 8,206
emergency rule, amendment, or rescission by the tax commissioner 8,207
under division (C)(2) of section 5117.02 of the Revised Code. 8,208
(G) Rules adopted by an authority within the department of 8,210
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR 8,211
ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau 8,212
DEPARTMENT of employment services TAXATION shall be effective 8,214
without a hearing as provided by this section if the statutes 8,215
pertaining to such agency specifically give a right of appeal to 8,216
the board of tax appeals or to a higher authority within the 8,217
agency or to a court, and also give the appellant a right to a 8,218
180
hearing on such appeal. This division does not apply to the 8,219
adoption of any rule, amendment, or rescission by the tax 8,220
commissioner under division (C)(1) or (2) of section 5117.02 of 8,221
the Revised Code, or deny the right to file an action for 8,222
declaratory judgment as provided in Chapter 2721. of the Revised 8,223
Code from the decision of the board of tax appeals or of the 8,224
higher authority within such agency. 8,225
(H) When any agency files a proposed rule, amendment, or 8,227
rescission under division (B) of this section, it shall also file 8,228
in electronic form with the joint committee on agency rule review 8,230
the full text of the proposed rule, amendment, or rule to be 8,231
rescinded in the same form and the public notice required under 8,233
division (A) of this section. (If in compliance with this 8,234
division an agency files more than one proposed rule, amendment, 8,235
or rescission at the same time, and has given a public notice 8,236
under division (A) of this section that applies to more than one 8,237
of the proposed rules, amendments, or rescissions, the agency 8,238
shall file only one notice with the joint committee for all of 8,239
the proposed rules, amendments, or rescissions to which the 8,240
notice applies.) If the agency makes a substantive revision in a 8,241
proposed rule, amendment, or rescission after it is filed with 8,242
the joint committee, the agency shall promptly file the full text 8,243
of the proposed rule, amendment, or rescission in its revised 8,244
form in electronic form with the joint committee. The latest 8,247
version of a proposed rule, amendment, or rescission as filed 8,248
with the joint committee supersedes each earlier version of the 8,249
text of the same proposed rule, amendment, or rescission. An 8,250
agency shall file the rule summary and fiscal analysis prepared 8,251
under section 121.24 or 127.18 of the Revised Code, or both, in 8,253
electronic form along with a proposed rule, amendment, or 8,255
rescission, and along with a proposed rule, amendment, or 8,256
rescission in revised form, that is filed under this division. 8,257
This division does not apply to: 8,259
(1) An emergency rule, amendment, or rescission; 8,261
181
(2) Any proposed rule, amendment, or rescission that must 8,263
be adopted verbatim by an agency pursuant to federal law or rule, 8,264
to become effective within sixty days of adoption, in order to 8,265
continue the operation of a federally reimbursed program in this 8,266
state, so long as the proposed rule contains both of the 8,267
following: 8,268
(a) A statement that it is proposed for the purpose of 8,270
complying with a federal law or rule; 8,271
(b) A citation to the federal law or rule that requires 8,273
verbatim compliance. 8,274
If a rule or amendment is exempt from legislative review 8,276
under division (H)(2) of this section, and if the federal law or 8,277
rule pursuant to which the rule or amendment was adopted expires, 8,278
is repealed or rescinded, or otherwise terminates, the rule or 8,279
amendment, or its rescission, is thereafter subject to 8,280
legislative review under division (H) of this section. 8,281
(I)(1) The joint committee on agency rule review may 8,283
recommend the adoption of a concurrent resolution invalidating a 8,284
proposed rule, amendment, rescission, or part thereof if it finds 8,285
any of the following: 8,286
(a) That the rule-making agency has exceeded the scope of 8,288
its statutory authority in proposing the rule, amendment, or 8,289
rescission; 8,290
(b) That the proposed rule, amendment, or rescission 8,292
conflicts with another rule, amendment, or rescission adopted by 8,293
the same or a different rule-making agency; 8,294
(c) That the proposed rule, amendment, or rescission 8,296
conflicts with the legislative intent in enacting the statute 8,297
under which the rule-making agency proposed the rule, amendment, 8,298
or rescission; 8,299
(d) That the rule-making agency has failed to prepare a 8,301
complete and accurate rule summary and fiscal analysis of the 8,302
proposed rule, amendment, or rescission as required by section 8,303
121.24 or 127.18 of the Revised Code, or both. 8,304
182
The joint committee shall not hold its public hearing on a 8,306
proposed rule, amendment, or rescission earlier than the 8,307
forty-first day after the original version of the proposed rule, 8,308
amendment, or rescission was filed with the joint committee. 8,309
The house of representatives and senate may adopt a 8,311
concurrent resolution invalidating a proposed rule, amendment, 8,312
rescission, or part thereof. The concurrent resolution shall 8,313
state which of the specific rules, amendments, rescissions, or 8,314
parts thereof are invalidated. A concurrent resolution 8,315
invalidating a proposed rule, amendment, or rescission shall be 8,316
adopted not later than the sixty-fifth day after the original 8,318
version of the text of the proposed rule, amendment, or 8,319
rescission is filed with the joint committee, except that if more 8,320
than thirty-five days after the original version is filed the 8,321
rule-making agency either files a revised version of the text of 8,322
the proposed rule, amendment, or rescission, or revises the rule 8,323
summary and fiscal analysis in accordance with division (I)(4) of 8,324
this section, a concurrent resolution invalidating the proposed 8,325
rule, amendment, or rescission shall be adopted not later than 8,326
the thirtieth day after the revised version of the proposed rule 8,328
or rule summary and fiscal analysis is filed. If, after the 8,329
joint committee on agency rule review recommends the adoption of 8,330
a concurrent resolution invalidating a proposed rule, amendment, 8,331
rescission, or part thereof, the house of representatives or 8,332
senate does not, within the time remaining for adoption of the 8,333
concurrent resolution, hold five floor sessions at which its 8,334
journal records a roll call vote disclosing a sufficient number 8,335
of members in attendance to pass a bill, the time within which 8,336
that house may adopt the concurrent resolution is extended until 8,337
it has held five such floor sessions. 8,338
Within five days after the adoption of a concurrent 8,340
resolution invalidating a proposed rule, amendment, rescission, 8,341
or part thereof, the clerk of the senate shall send the 8,342
rule-making agency, the secretary of state, and the director of 8,343
183
the legislative service commission in electronic form a certified 8,345
text of the resolution together with a certification stating the 8,346
date on which the resolution takes effect. The secretary of 8,347
state and the director of the legislative service commission 8,348
shall each note the invalidity of the proposed rule, amendment, 8,349
rescission, or part thereof, and shall each remove the invalid 8,351
proposed rule, amendment, rescission, or part thereof from the 8,352
file of proposed rules. The rule-making agency shall not proceed 8,353
to adopt in accordance with division (D) of this section, or to 8,354
file in accordance with division (B)(1) of section 111.15 of the 8,355
Revised Code, any version of a proposed rule, amendment, 8,356
rescission, or part thereof that has been invalidated by 8,357
concurrent resolution. 8,358
Unless the house of representatives and senate adopt a 8,360
concurrent resolution invalidating a proposed rule, amendment, 8,361
rescission, or part thereof within the time specified by this 8,362
division, the rule-making agency may proceed to adopt in 8,363
accordance with division (D) of this section, or to file in 8,364
accordance with division (B)(1) of section 111.15 of the Revised 8,365
Code, the latest version of the proposed rule, amendment, or 8,366
rescission as filed with the joint committee. If by concurrent 8,367
resolution certain of the rules, amendments, rescissions, or 8,368
parts thereof are specifically invalidated, the rule-making 8,369
agency may proceed to adopt, in accordance with division (D) of 8,370
this section, or to file in accordance with division (B)(1) of 8,371
section 111.15 of the Revised Code, the latest version of the 8,372
proposed rules, amendments, rescissions, or parts thereof as 8,373
filed with the joint committee that are not specifically 8,374
invalidated. The rule-making agency may not revise or amend any 8,375
proposed rule, amendment, rescission, or part thereof that has 8,376
not been invalidated except as provided in this chapter or in 8,377
section 111.15 of the Revised Code. 8,378
(2)(a) A proposed rule, amendment, or rescission that is 8,380
filed with the joint committee under division (H) of this section 8,381
184
or division (D) of section 111.15 of the Revised Code shall be 8,382
carried over for legislative review to the next succeeding 8,383
regular session of the general assembly if the original or any 8,384
revised version of the proposed rule, amendment, or rescission is 8,385
filed with the joint committee on or after the first day of 8,386
December of any year. 8,387
(b) The latest version of any proposed rule, amendment, or 8,389
rescission that is subject to division (I)(2)(a) of this section, 8,390
as filed with the joint committee, is subject to legislative 8,391
review and invalidation in the next succeeding regular session of 8,392
the general assembly in the same manner as if it were the 8,393
original version of a proposed rule, amendment, or rescission 8,394
that had been filed with the joint committee for the first time 8,395
on the first day of the session. A rule-making agency shall not 8,396
adopt in accordance with division (D) of this section, or file in 8,397
accordance with division (B)(1) of section 111.15 of the Revised 8,398
Code, any version of a proposed rule, amendment, or rescission 8,399
that is subject to division (I)(2)(a) of this section until the 8,400
time for legislative review and invalidation, as contemplated by 8,401
division (I)(2)(b) of this section, has expired. 8,402
(3) Invalidation of any version of a proposed rule, 8,404
amendment, rescission, or part thereof by concurrent resolution 8,405
shall prevent the rule-making agency from instituting or 8,406
continuing proceedings to adopt any version of the same proposed 8,407
rule, amendment, rescission, or part thereof for the duration of 8,408
the general assembly that invalidated the proposed rule, 8,409
amendment, rescission, or part thereof unless the same general 8,410
assembly adopts a concurrent resolution permitting the 8,411
rule-making agency to institute or continue such proceedings. 8,412
The failure of the general assembly to invalidate a 8,414
proposed rule, amendment, rescission, or part thereof under this 8,415
section shall not be construed as a ratification of the 8,416
lawfulness or reasonableness of the proposed rule, amendment, 8,417
rescission, or any part thereof or of the validity of the 8,418
185
procedure by which the proposed rule, amendment, rescission, or 8,419
any part thereof was proposed or adopted. 8,420
(4) In lieu of recommending a concurrent resolution to 8,422
invalidate a proposed rule, amendment, rescission, or part 8,423
thereof because the rule-making agency has failed to prepare a 8,424
complete and accurate fiscal analysis, the joint committee on 8,425
agency rule review may issue, on a one-time basis, for rules, 8,426
amendments, rescissions, or parts thereof that have a fiscal 8,427
effect on school districts, counties, townships, or municipal 8,428
corporations, a finding that the rule summary and fiscal analysis 8,430
is incomplete or inaccurate and order the rule-making agency to 8,431
revise the rule summary and fiscal analysis and refile it with 8,432
the proposed rule, amendment, rescission, or part thereof. If an 8,433
emergency rule is filed as a nonemergency rule before the end of 8,434
the ninetieth day of the emergency rule's effectiveness, and the 8,435
joint committee issues a finding and orders the rule-making 8,436
agency to refile under division (I)(4) of this section, the 8,437
governor may also issue an order stating that the emergency rule 8,438
shall remain in effect for an additional sixty days after the 8,439
ninetieth day of the emergency rule's effectiveness. The 8,440
governor's orders shall be filed in accordance with division (F) 8,441
of this section. The joint committee shall send in electronic 8,443
form to the rule-making agency, the secretary of state, and the 8,445
director of the legislative service commission a certified text 8,446
of the finding and order to revise the rule summary and fiscal 8,447
analysis, which shall take immediate effect. 8,448
An order issued under division (I)(4) of this section shall 8,451
prevent the rule-making agency from instituting or continuing 8,452
proceedings to adopt any version of the proposed rule, amendment, 8,453
rescission, or part thereof until the rule-making agency revises 8,454
the rule summary and fiscal analysis and refiles it in electronic 8,456
form with the joint committee along with the proposed rule, 8,457
amendment, rescission, or part thereof. If the joint committee 8,458
finds the rule summary and fiscal analysis to be complete and 8,459
186
accurate, the joint committee shall issue a new order noting that 8,461
the rule-making agency has revised and refiled a complete and 8,462
accurate rule summary and fiscal analysis. The joint committee 8,463
shall send in electronic form to the rule-making agency, the 8,465
secretary of state, and the director of the legislative service 8,466
commission a certified text of this new order. The secretary of 8,467
state and the director of the legislative service commission 8,468
shall each link this order to the proposed rule, amendment, 8,470
rescission, or part thereof. The rule-making agency may then 8,471
proceed to adopt in accordance with division (D) of this section, 8,472
or to file in accordance with division (B)(1) of section 111.15 8,473
of the Revised Code, the proposed rule, amendment, rescission, or 8,474
part thereof that was subject to the finding and order under
division (I)(4) of this section. If the joint committee 8,476
determines that the revised rule summary and fiscal analysis is 8,477
still inaccurate or incomplete, the joint committee shall 8,478
recommend the adoption of a concurrent resolution in accordance 8,479
with division (I)(1) of this section.
Section 7. That all existing versions of section 119.03 of 8,481
the Revised Code are hereby repealed. 8,482
Section 8. Sections 6 and 7 of this act take effect April 8,484
1, 2002.
Section 9. Except as otherwise specifically provided in 8,486
this act, the codified and uncodified items of law contained in 8,487
this act are subject to the referendum. Therefore, under Ohio 8,488
Constitution, Article II, Section 1c and section 1.471 of the 8,489
Revised Code, and except as otherwise specified in this act, the 8,490
codified and uncodified items of law contained in this act take
effect on the ninety-first day after the act is filed with the 8,491
Secretary of State. If, however, a referendum petition is filed 8,492
against a codified or uncodified item of law contained in this 8,493
act, the item of law, unless rejected at the referendum, takes 8,494
effect at the earliest time permitted by law.
Section 10. Sections 1 and 2 of this act, other than 8,496
187
sections 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 8,497
307.987, 307.988, 329.04, 329.05, 330.01, 330.02, 330.04, 330.05, 8,498
330.07, 763.01, 763.02, 763.05, 763.07, 5101.21, 5101.211, 8,499
5101.213, 5101.22, 5101.23, 5101.24, 6301.01, 6301.02, 6301.03, 8,500
6301.04, 6301.05, 6301.06, 6301.07, and 6301.08 of the Revised 8,501
Code as amended or enacted by this act, shall take effect July 1, 8,502
2000. 8,503
Section 11. Notwithstanding sections 4117.08 and 4117.10 8,505
of the Revised Code, the renaming of the Department of Human 8,507
Services as the Department of Job and Family Services and the 8,508
reassignment of the functions and duties of the Bureau of
Employment Services by this act are not appropriate subjects for 8,509
collective bargaining under Chapter 4117. of the Revised Code. 8,510
Section 12. On July 1, 2000: 8,512
(A) The Bureau of Employment Services shall cease to 8,514
exist. Employees of the Bureau of Employment Services are hereby 8,516
transferred to the Department of Job and Family Services or the 8,517
Department of Commerce, as appropriate. The vehicles and
equipment assigned to the employees are transferred to the 8,518
Department of Job and Family Services or the Department of 8,519
Commerce, as appropriate. 8,520
(B) The assets, liabilities, other equipment not provided 8,522
for, and records, irrespective of form or medium, of the Bureau 8,523
of Employment Services are transferred to the Department of Job 8,524
and Family Services or the Department of Commerce, as 8,525
appropriate. The Department of Job and Family Services and the 8,526
Department of Commerce are successors to, assume the obligations 8,527
of, and otherwise constitute the continuation of, the Bureau of 8,528
Employment Services. 8,529
(C) Business commenced but not completed by the 8,531
Administrator or the Bureau of Employment Services on July 1, 8,532
2000, shall be completed by the Director or Department of Job and 8,534
Family Services or the Director or Department of Commerce, as
appropriate, in the same manner, and with the same effect, as if 8,535
188
completed by the Administrator or Bureau of Employment Services. 8,536
No validation, cure, right, privilege, remedy, obligation, or 8,537
liability is lost or impaired by reason of the transfer required 8,538
by this section but shall be administered by the Director or 8,539
Department of Job and Family Services or the Director or 8,540
Department of Commerce, as appropriate. 8,541
(D) The rules, orders, and determinations pertaining to 8,543
the Bureau of Employment Services continue in effect as rules, 8,544
orders, and determinations of the Department of Job and Family 8,545
Services or the Department of Commerce, as appropriate, until 8,546
modified or rescinded by those Departments. 8,547
(E) No judicial or administrative action or proceeding 8,549
pending on July 1, 2000, is affected by the transfer of functions 8,551
from the Administrator or Bureau of Employment Services to the 8,552
Director or Department of Job and Family Services or the Director 8,553
or Department of Commerce, and shall be prosecuted or defended in 8,554
the name of the Director or Department of Job and Family Services 8,555
or the Director or Department of Commerce, as appropriate. On 8,556
application to the court or other tribunal, the Director or 8,557
Department of Job and Family Services or the Director or 8,558
Department of Commerce, whichever is appropriate, shall be
substituted as a party in such actions and proceedings. 8,559
(F) When the Administrator or Bureau of Employment 8,561
Services is referred to in any statute, rule, contract, grant, or 8,562
other document, the reference is hereby deemed to refer to the 8,563
Director or Department of Job and Family Services or the Director 8,564
or Department of Commerce, as appropriate. 8,565
Section 13. Effective July 1, 2000: 8,567
(A) No person shall disclose any information that was 8,569
maintained by the former Administrator of the Bureau of 8,570
Employment Services or furnished to the former Administrator by 8,571
employers or employees pursuant to Chapter 4141. of the Revised 8,572
Code, unless disclosure is permitted under section 4141.21 of the 8,573
Revised Code.
189
(B) No person who was in the employ of the former 8,575
Administrator of the Bureau of Employment Services shall divulge 8,576
to any person information maintained by or furnished to the 8,577
former Administrator under Chapter 4141. of the Revised Code and 8,578
secured by the person while so employed, in respect to the 8,579
transactions, property, business, or mechanical, chemical, or 8,580
other industrial process of any person, firm, corporation, 8,581
association, or partnership to any person other than the Director 8,582
of Job and Family Services.
(C) Whoever violates this section shall be disqualified 8,584
from holding any appointment or employment by the Department of 8,585
Job and Family Services or a county family services agency as 8,586
defined in section 307.981 of the Revised Code or workforce 8,587
development agency as defined in section 6301.01 of the Revised 8,588
Code.
Section 14. Nothing in this act shall be construed as 8,590
diminishing program responsibilities or altering benefits 8,591
administration for veterans. It is the intent of the General 8,592
Assembly that, beginning July 1, 2000, the Department of Job and 8,593
Family Services administer federally funded employment and 8,594
training programs consistent with the principles outlined in 8,595
section 5903.11 of the Revised Code and applicable federal law. 8,596
Section 15. Effective July 1, 2000, the functions the 8,598
Bureau of Employment Services performs under a grant agreement 8,599
with the United States Department of Labor pursuant to sections 8,600
21(c) and 7(c)(1) of the "Occupational Safety and Health Act of 8,601
1970," 84 Stat. 1590, 29 U.S.C.A. 651, are assigned to the 8,602
Department of Commerce.
Section 16. Effective July 1, 2000, except as provided in 8,604
Section 15 of this act, the functions the Bureau of Employment 8,605
Services performs under a grant agreement with the United States 8,606
Department of Labor are assigned to the Department of Job and 8,607
Family Services. 8,608
Section 17. On and after July 1, 2000, if necessary to 8,610
190
ensure the integrity of the numbering of the Administrative Code, 8,611
the Director of the Legislative Service Commission shall renumber 8,612
the rules of the Bureau of Employment Services and the Department 8,613
of Human Services to reflect their transfer to the Department of 8,614
Job and Family Services and the Department of Commerce. 8,615
Section 18. On and after July 1, 2000, in addition to the 8,617
positions described in division (A)(26) of section 124.11 of the 8,618
Revised Code, the Director of Job and Family Services may appoint 8,619
up to five additional positions to the unclassified service that 8,620
the Director determines to be involved in policy development and 8,621
implementation. These additional positions shall expire no later 8,622
than June 30, 2002. 8,623
Section 19. During the period beginning July 1, 2000, and 8,625
ending June 30, 2002, the Director of Job and Family Services has 8,626
the authority to establish, change, and abolish positions for the 8,627
Department of Job and Family Services, and to assign, reassign, 8,628
classify, reclassify, transfer, reduce, promote, or demote all 8,629
employees of the Department of Job and Family Services who are 8,630
not subject to Chapter 4117. of the Revised Code. 8,631
This authority includes assigning or reassigning an exempt 8,633
employee, as defined in section 124.152 of the Revised Code, to a 8,634
bargaining unit classification if the Director determines that 8,635
the bargaining unit classification is the proper classification 8,636
for that employee. The Director's actions shall be consistent 8,637
with the requirements of 5 C.F.R. 900.603 for those employees 8,638
subject to such requirements. If an employee in the E-1 pay 8,639
range is to be assigned, reassigned, classified, reclassified, 8,640
transferred, reduced, or demoted to a position in a lower 8,641
classification during the period specified in this section, the 8,642
Director, or in the case of a transfer outside the Department, 8,643
the Director of Administrative Services, shall assign the 8,644
employee to the appropriate classification and place the employee 8,645
in Step X. The employee shall not receive any increase in 8,646
compensation until the maximum rate of pay for that 8,647
191
classification exceeds the employee's compensation. 8,648
Actions taken by the Director of Job and Family Services or 8,650
the Director of Administrative Services pursuant to this section 8,651
are not subject to appeal to the State Personnel Board of Review. 8,652
Section 20. Until July 1, 2000, whenever the following 8,654
sections of the Revised Code, as amended or enacted by this act, 8,655
refer to the Director or Department of Job and Family Services, 8,656
the county department of job and family services, or the family 8,657
services planning committee, the reference is deemed to refer to 8,658
the Administrator or Bureau of Employment Services, Director or 8,659
Department of Human Services, the county department of human 8,660
services, or the human services planning committee, respectively: 8,661
307.981, 307.985, 307.986, 329.04, 329.05, 330.04, 5101.21, 8,662
5101.211, 5101.213, 5101.22, 5101.23, 5101.24, 6301.02, 6301.03, 8,663
6301.04, 6301.05, 6301.06, and 6301.08. A reference in those 8,664
sections to the Director or Department of Job and Family Services 8,665
that concerns a family services duty, as defined in section 8,666
307.981 of the Revised Code, is deemed to refer to the Director 8,667
or Department of Human Services. A reference in those sections 8,668
to the Director or Department of Job and Family Services that 8,669
concerns a workforce development activity, as defined in section 8,670
6301.01 of the Revised Code, is deemed to refer to the 8,671
Administrator or Bureau of Employment Services.
Section 21. The Director of Human Services and the 8,673
Administrator of the Bureau of Employment Services may jointly or 8,674
separately enter into one or more contracts with private or 8,675
government entities for staff training and development to 8,676
facilitate the transfer of the staff and duties of the Bureau of 8,677
Employment Services to the Department of Job and Family Services. 8,678
Division (B) of section 127.16 of the Revised Code does not apply 8,679
to contracts entered into under this section. 8,680
Section 22. The Director of Human Services and the 8,682
Administrator of the Bureau of Employment Services, the boards of 8,683
county commissioners, and the chief elected official of municipal 8,684
192
corporations may enter into negotiations to amend an existing 8,685
partnership agreement or to enter into a new partnership 8,686
agreement consistent with this act. Any such amended or new 8,687
partnership agreement shall be drafted in the name of the 8,688
Department of Job and Family Services. The amended or new 8,689
partnership agreement may be executed before July 1, 2000, if the 8,690
amendment or agreement does not become effective sooner than July 8,691
1, 2000.
Section 23. The Bureau of Employment Services shall enter 8,693
into an interagency agreement with the Department of Commerce to 8,694
implement the transfer of the duties and responsibilities under 8,695
Chapters 4109., 4111. (except for sections 4111.25 to 4111.30 of 8,696
the Revised Code), 4115., and 4167. of the Revised Code. The 8,697
agreement may provide for the transfer of property and records, 8,698
pass-through of federal financial participation, modification of 8,699
any agreements with the United States Department of Labor, and 8,700
any other provisions necessary for the transfer and continued 8,701
administration of program activities. 8,702
Section 24. On and after July 1, 2000, notwithstanding any 8,704
provision of law to the contrary, the Director of Budget and 8,705
Management is authorized to take the actions described in this 8,706
section with respect to budget changes made necessary by 8,707
administrative reorganization, program transfers, the creation of 8,708
new funds, and the consolidation of funds as authorized by this 8,709
act. The Director may make any transfer of cash balances between 8,710
funds. At the request of the Director of Budget and Management, 8,711
the administering agency head shall certify to the Director an 8,712
estimate of the amount of the cash balance to be transferred to 8,713
the receiving fund. The Director may transfer the estimated 8,714
amount when needed to make payments. Not more than thirty days 8,715
after certifying the estimated amount, the administering agency 8,716
head shall certify the final amount to the Director. The 8,717
Director shall transfer the difference between any amount 8,718
previously transferred and the certified final amount. The 8,719
193
Director may cancel encumbrances and re-establish encumbrances or 8,721
parts of encumbrances as needed in fiscal year 2001 in the 8,722
appropriate fund and appropriation line item for the same purpose 8,723
and to the same vendor. As determined by the Director, the 8,724
appropriation authority necessary to re-establish such 8,725
encumbrances in fiscal year 2001 in a different fund or
appropriation line item within an agency or between agencies is 8,726
hereby authorized. The Director shall reduce each year's 8,727
appropriation balances by the amount of the encumbrances canceled 8,728
in their respective funds and appropriation line items. Any 8,729
fiscal year 2000 unencumbered or unallocated appropriation 8,730
balances may be transferred to the appropriate line item to be 8,731
used for the same purposes, as determined by the Director. 8,732
Section 25. Notwithstanding division (D) of section 127.14 8,734
of the Revised Code, except for the General Revenue Fund, the 8,735
Controlling Board may, upon the request of either the Director of 8,736
Budget and Management, or a state agency with the approval of the 8,737
Director of Budget and Management, increase appropriations for 8,738
any fund, as necessary for the various state agencies, to assist 8,739
in paying (1) the costs of increases in employee compensation 8,740
that occur on or after July 1, 2000, pursuant to collective 8,741
bargaining agreements under Chapter 4117. of the Revised Code, 8,742
and (2) the costs of salary increases on or after July 1, 2000, 8,743
for employees who are exempt from collective bargaining that are 8,744
provided under law. Such amounts are hereby appropriated. 8,745
This section is not subject to the referendum and 8,748
therefore, under Ohio Constitution, Article II, Section 1d and 8,749
section 1.471 of the Revised Code, goes into immediate effect
when this act becomes law. 8,750
Section 26. That Section 30 of Am. Sub. H.B. 283 of the 8,752
123rd General Assembly be amended to read as follows: 8,753
"Sec. 30. CEB CONTROLLING BOARD 8,755
General Revenue Fund 8,757
194
GRF 911-401 Emergency 8,760
Purposes/Contingencies$ 6,372,000 $ 6,000,000 8,762
GRF 911-402 Employee Compensation 8,764
Adjustment $ 0 $ 38,000,000 8,766
GRF 911-403 School District 8,768
Financial Planning $ 500,000 $ 500,000 8,770
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 8,774
GRF 911-410 Ohio Veterans' Home $ 250,000 $ 300,000 8,778
GRF 911-419 Foster Caregiver 8,780
Training $ 0 $ 3,000,000 8,782
GRF 911-441 Ballot Advertising 8,784
Costs $ 800,000 $ 800,000 8,786
GRF 911-442 Year 2000 Assistance $ 4,400,000 $ 1,500,000 8,790
TOTAL GRF General Revenue Fund $ 14,322,000 $ 52,100,000 8,793
State Special Revenue Fund Group 8,795
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 8,800
TOTAL SSR State Special 8,801
Revenue Fund Group $ 20,600,000 $ 4,400,000 8,804
TOTAL ALL BUDGET FUND GROUPS $ 34,922,000 $ 56,500,000 8,807
Federal Share 8,810
In transferring appropriations to or from appropriation 8,812
items that have federal shares identified in this act AM. SUB. 8,814
H.B. 283 OF THE 123rd GENERAL ASSEMBLY, the Controlling Board 8,817
shall add or subtract corresponding amounts of federal matching 8,818
funds at the percentages indicated by the state and federal 8,819
division of the appropriations in this act AM. SUB. H.B. 283 OF 8,820
THE 123rd GENERAL ASSEMBLY. Such changes are hereby 8,823
appropriated.
Appropriation Transfers 8,825
In fiscal year 2000, the Controlling Board may transfer to 8,827
the Bureau of Employment Services or to the Department of Human 8,828
Services OR THE DEPARTMENT OF COMMERCE all or part of an 8,830
appropriation that is made to the Department of Job and Family 8,831
Services for fiscal year 2001. In fiscal year 2001, the 8,832
195
Controlling Board may transfer to the Department of Job and 8,833
Family Services OR THE DEPARTMENT OF COMMERCE all or part of any 8,834
balance in an appropriation that is made to the Bureau of 8,835
Employment Services or to the Department of Human Services for 8,836
fiscal year 2000. 8,837
Disaster Assistance 8,839
Pursuant to requests submitted by the Department of Public 8,841
Safety, the Controlling Board may approve transfers from the 8,842
foregoing appropriation item 911-401, Emergency 8,843
Purposes/Contingencies, to a Department of Public Safety General 8,844
Revenue Fund appropriation item to provide funding for assistance 8,845
to political subdivisions made necessary by natural disasters or 8,846
emergencies. Such transfers may be requested and approved prior 8,847
to the occurrence of any specific natural disasters or 8,848
emergencies in order to facilitate the provision of timely 8,849
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 8,850
that meet Controlling Board criteria for assistance. The 8,851
department shall submit a report to the Controlling Board 8,852
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 8,854
The Office of Criminal Justice Services and the Public 8,856
Defender Commission may each request, upon approval of the 8,857
Director of Budget and Management, additional funds from the 8,858
foregoing appropriation item 911-401, Emergency 8,859
Purposes/Contingencies, for costs related to the disturbance that 8,860
occurred on April 11, 1993, at the Southern Ohio Correctional 8,861
Facility in Lucasville, Ohio. 8,862
Project OASIS 8,864
The Office of the Attorney General may request, upon 8,866
approval of the Director of Budget and Management, that the 8,867
Controlling Board release up to $372,000 in fiscal year 2000 from 8,868
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 8,869
196
OASIS in the event that federal funding for this program is 8,870
insufficient or delayed.
Disaster Services 8,872
The foregoing appropriation item 911-601, Disaster 8,874
Services, shall be used by the Controlling Board, pursuant to 8,876
requests submitted by state agencies, to transfer cash and 8,877
appropriation authority to any fund and appropriation line item 8,878
of the state for the payment of state agency program expenses as 8,880
follows:
(A) The southern Ohio flooding, referred to as 8,883
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 8,887
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 8,889
Natural Resources to be used for statewide flood mitigation 8,890
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 8,892
local governments for costs associated with tornado disaster 8,893
relief in Hamilton and Warren Counties; 8,894
(E) If the Director of Budget and Management determines 8,898
that sufficient funds exist beyond the expected program costs of 8,899
these disasters, other disasters declared by the Governor. 8,901
Of the amount appropriated in fiscal year 2000 for the 8,903
foregoing appropriation item 911-601, Disaster Services, 8,904
$5,000,000 is the unencumbered and unallotted cash balance that 8,905
exists in Fund 5E2 on June 30, 1999. 8,906
Employee Compensation 8,908
Notwithstanding division (D) of section 127.14 and division 8,910
(B) of section 131.35 of the Revised Code, except for the General 8,911
Revenue Fund, the Controlling Board may, upon the request of 8,912
either the Director of Budget and Management, or a state agency 8,913
with the approval of the Director of Budget and Management, 8,914
increase appropriations for any fund, as necessary for the 8,915
various state agencies, to assist in paying the costs of 8,916
197
increases in employee compensation that occur on or after July 1, 8,917
2000, that are provided pursuant to collective bargaining 8,918
agreements under Chapter 4117. of the Revised Code and the costs 8,919
of increased compensation provided for employees that are exempt 8,920
from collective bargaining. 8,921
The Controlling Board may transfer appropriations from the 8,923
foregoing appropriation item 911-402, Employee Compensation 8,924
Adjustment, to the various agencies based on requests submitted 8,925
by the Director of Budget and Management to assist in paying for 8,926
the General Revenue Fund's share of employee compensation 8,927
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 8,928
compensation that are provided to employees that are exempt from 8,929
collective bargaining.
School District Financial Planning 8,931
The foregoing appropriation item 911-403, School District 8,933
Financial Planning, shall be used to pay costs of implementing 8,934
the school district watch and fiscal emergency provisions of 8,935
sections 3316.01 to 3316.08 of the Revised Code, including the 8,936
expenses of the school district financial planning and 8,937
supervision commission. Upon the request of any agency involved 8,938
in implementing the school district watch or fiscal emergency 8,939
provisions, the Controlling Board may transfer all or part of the 8,941
appropriation to the agency.
Mandate Assistance 8,943
(A) The foregoing appropriation item 911-404, Mandate 8,945
Assistance, shall be used to provide financial assistance to 8,946
local units of government, school districts, and fire departments 8,948
for the cost of the following three unfunded state mandates: 8,949
(1) The cost to county prosecutors for prosecuting certain 8,951
felonies that occur on the grounds of state institutions operated 8,953
by the Department of Rehabilitation and Correction and the 8,954
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 8,956
198
of providing firefighter training and equipment or gear; 8,957
(3) The cost to school districts of in-service training 8,959
for child abuse detection. 8,960
(B) The State and Local Government Commission may prepare 8,962
and submit to the Controlling Board one or more requests to 8,963
transfer appropriations from appropriation item 911-404, Mandate 8,964
Assistance, to the state agencies charged with administering the 8,965
state financial assistance to be provided under this section. 8,966
The state agencies charged with this administrative 8,968
responsibility are listed below, as well as the estimated annual 8,969
amounts that the commission may propose be used for each program 8,971
of state financial assistance.
Administering Estimated Annual 8,976
Program Agency Amount 8,979
Prosecution Costs Office of Criminal 8,982
Justice Services $200,000 8,984
Firefighter Training Department of 8,986
Costs Commerce $1,000,000 8,987
Child Abuse Detection Department of 8,989
Training Costs Education $800,000 8,990
(C) Subject to the total amount appropriated in each 8,993
fiscal year for appropriation item 911-404, Mandate Assistance, 8,994
the commission may propose to the Controlling Board that amounts 8,996
smaller or larger than these estimated annual amounts be 8,997
transferred to each program. 8,998
(D) In addition to making the initial transfers requested 9,000
by the commission, the Controlling Board may, if requested by the 9,002
commission, transfer appropriations received by a state agency 9,004
under this section back to appropriation item 911-404, Mandate 9,005
Assistance, or to one or more of the other programs of state 9,006
financial assistance identified under this section. 9,007
(E) It is expected that not all costs incurred by local 9,009
units of government, school districts, and fire departments under 9,010
each of the three programs of state financial assistance 9,011
199
identified under this section will be fully reimbursed by the 9,012
state. Reimbursement levels may vary by program and shall be 9,013
based on: the relationship between the appropriation transfers 9,014
requested by the commission and provided by the Controlling Board 9,015
for each of the programs; the rules and procedures established 9,017
for each program by the commission and the administering state 9,018
agency; and the actual costs incurred by local units of 9,020
government, school districts, and fire departments. 9,021
(F) Each of these programs of state financial assistance 9,023
shall be carried out as follows: 9,024
(1) Prosecution Costs 9,026
(a) Appropriations may be transferred to the Office of 9,028
Criminal Justice Services to cover local prosecution costs for 9,029
aggravated murder, murder, felonies of the first degree, and 9,030
felonies of the second degree that occur on the grounds of 9,031
institutions operated by the Department of Rehabilitation and 9,032
Correction and the Department of Youth Services. 9,033
(b) Upon a delinquency filing in juvenile court or the 9,035
return of an indictment for aggravated murder, murder, or any 9,036
felony of the first or second degree that was committed at a 9,037
Department of Youth Services or a Department of Rehabilitation 9,038
and Correction institution, the affected county may, in 9,039
accordance with rules that the Office of Criminal Justice 9,040
Services shall adopt, apply to the Office of Criminal Justice 9,041
Services for a grant to cover all documented costs that are 9,042
incurred by the county prosecutor's office. 9,043
(c) Twice each year, the Office of Criminal Justice 9,045
Services shall designate counties to receive grants from those 9,047
counties that have submitted one or more applications in 9,048
compliance with the rules that have been adopted by the Office of 9,049
Criminal Justice Services for the receipt of such grants. In 9,050
each year's first round of grant awards, if sufficient 9,051
appropriations have been made, up to a total of $100,000 may be 9,053
awarded. In each year's second round of grant awards, the 9,054
200
remaining appropriations available for this purpose may be 9,055
awarded.
(d) If for a given round of grants there are insufficient 9,057
appropriations to make grant awards to all the eligible counties, 9,059
the first priority shall be given to counties with cases 9,060
involving aggravated murder and murder, second priority shall be 9,061
given to cases involving a felony of the first degree, and third 9,062
priority shall be given to cases involving a felony of the second 9,063
degree. Within these priorities, the grant awards shall be based 9,064
on the order in which the applications were received, except that 9,065
applications for cases involving a felony of the first or second 9,066
degree shall not be considered in more than two consecutive 9,067
rounds of grant awards.
(2) Firefighter Training Costs 9,069
Appropriations may be transferred to the Department of 9,071
Commerce for use as full or partial reimbursement to local units 9,072
of government and fire departments for the cost of firefighter 9,073
training and equipment or gear. In accordance with rules that 9,074
the department shall adopt, a local unit of government or fire 9,075
department may apply to the department for a grant to cover all 9,076
documented costs that are incurred to provide firefighter 9,077
training and equipment or gear. The department shall make grants 9,078
within the limits of the funding provided, with priority given to 9,080
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 9,082
Appropriations may be transferred to the Department of 9,084
Education for disbursement to local school districts as full or 9,085
partial reimbursement for the cost of providing in-service 9,086
training for child abuse detection. In accordance with rules 9,087
that the department shall adopt, a local school district may 9,088
apply to the department for a grant to cover all documented costs 9,089
that are incurred to provide in-service training for child abuse 9,090
detection. The department shall make grants within the limits of 9,091
the funding provided. 9,092
201
Ohio Veterans' Home 9,094
With the approval of the Director of Budget and Management, 9,096
the Ohio Veterans' Home may request that the Controlling Board 9,097
transfer all or part of the foregoing appropriation item 911-410, 9,098
Ohio Veterans' Home, to assist the Ohio Veterans' Home in 9,099
defraying the operating expenses incurred as a result of its role 9,100
in the planning and construction of a second veterans' home. 9,101
Foster Caregiver Training 9,103
Upon the passage of appropriate legislation by the 123rd 9,104
General Assembly, the Department of Job and Family Services shall 9,105
request that the Controlling Board transfer up to $3,000,000 in 9,106
fiscal year 2001 from the foregoing appropriation item 911-419, 9,107
Foster Caregiver Training, for the purpose of establishing a 9,108
program of precertification and continuing training for foster
caregivers. 9,109
Ballot Advertising Costs 9,111
Pursuant to requests submitted by the Ohio Ballot Board, 9,113
the Controlling Board shall approve transfers from the foregoing 9,114
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 9,115
Ballot Board line item in order to reimburse county boards of 9,116
elections for the cost of public notices associated with
statewide ballot initiatives. 9,117
Of the foregoing appropriation item 911-441, Ballot 9,119
Advertising Costs, the Director of Budget and Management shall 9,120
transfer any amounts that are not needed for the purpose of 9,121
reimbursing county boards of elections for the cost of public 9,122
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 9,123
Year 2000 Assistance 9,125
The Department of Administrative Services shall make a 9,127
concerted effort to recover from state agencies its cost of 9,128
providing Year 2000 compliance assistance to state agencies on or 9,129
after July 1, 1999. In instances where such cost recovery 9,130
attempts are impractical or unreasonable, the Department of 9,131
202
Administrative Services may request approval of the Controlling 9,132
Board to transfer appropriations from the foregoing appropriation 9,133
item 911-442, Year 2000 Assistance, to the department in order to 9,134
assist in paying for the costs that it incurs in providing Year 9,135
2000 assistance to state agencies. 9,136
The Director of Budget and Management shall certify to the 9,138
members of the Controlling Board, of the amount appropriated to 9,139
appropriation item 042-900, OBM Y2K Contingency, how much is 9,140
subsequently for deposit to the credit of the General Revenue 9,141
Fund. The Director of Budget and Management shall then increase 9,142
the appropriation authority in the foregoing appropriation item 9,143
911-442, Year 2000 Assistance, by the amount so certified." 9,144
Section 27. That existing Section 30 of Am. Sub. H.B. 283 9,146
of the 123rd General Assembly is hereby repealed. 9,147
Section 28. Section 307.86 of the Revised Code is 9,149
presented in this act as a composite of the section as amended by 9,150
both Am. Sub. H.B. 283 and Sub. S.B. 31 of the 123rd General 9,151
Assembly and by Am. Sub. S.B. 67 of the 122nd General Assembly, 9,152
with the new language of none of the acts shown in capital 9,153
letters. Section 3313.64 of the Revised Code is presented in 9,154
this act as a composite of the section as amended by Am. Sub. 9,156
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 9,158
in capital letters. Section 4141.28 of the Revised Code is 9,159
presented in this act as a composite of the section as amended by 9,160
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 9,161
Assembly, with the new language of neither of the acts shown in 9,162
capital letters. Section 5101.02 of the Revised Code is presented 9,163
in this act as a composite of the section as amended by both Am. 9,165
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 9,167
letters. This is in recognition of the principle stated in 9,168
division (B) of section 1.52 of the Revised Code that such 9,169
amendments are to be harmonized where not substantively 9,170
203
irreconcilable and constitutes a legislative finding that such is 9,171
the resulting version in effect prior to the effective date of 9,172
this act.
Section 29. If any item of law that constitutes the whole 9,174
or part of a codified or uncodified section of law contained in 9,175
this act, or if any application of any item of law that 9,176
constitutes the whole or part of a codified or uncodified section 9,177
of law contained in this act, is held invalid, the invalidity 9,178
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 9,179
application. To this end, the items of law of which the codified 9,180
and uncodified sections contained in this act are composed, and 9,181
their applications, are independent and severable. 9,182