As Passed by the Senate                       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-KEARNS-WATTS-WHITE-SPADA-MUMPER-                 

              DRAKE-HORN-FINAN-ARMBRUSTER-BLESSING                 12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 119.01, 119.03, 121.02, 121.03,     16           

                121.32, 124.23, 124.30, 125.24, 126.30, 127.16,    17           

                149.01, 153.06, 307.86, 307.981, 307.982,          18           

                307.983, 307.984, 307.985, 307.986, 329.011,                    

                329.04, 329.05, 329.06, 2151.011, 2301.357,        19           

                2705.02, 3313.64, 4112.12, 4141.04, 4141.042,      20           

                4141.046, 4141.06, 4141.08, 4141.10, 4141.13,      21           

                4141.162, 4141.21, 4141.22, 4141.28, 5101.01,                   

                5101.02, 5101.05, 5101.06, 5101.08, 5101.10,       22           

                5101.21, 5101.211, 5101.22, 5101.23, 5101.24,      23           

                5101.25, 5101.35, 5101.37, 5101.38, 5101.80,                    

                5101.97, and 5103.02; to amend, for the purpose    24           

                of adopting new section numbers as indicated in    25           

                parentheses, sections 307.984 (307.985), 307.985   26           

                (307.986), 307.986 (307.987), and 307.987                       

                (307.988); to enact new section 307.984 and        27           

                sections 124.301, 329.061, 330.01, 330.02,         28           

                330.04, 330.05, 330.07, 763.01, 763.02, 763.05,                 

                763.07, 5101.051, 5101.09, 5101.213, 5101.351,     29           

                5101.47, 5107.80, 6301.01, 6301.02, 6301.03,       30           

                6301.04, 6301.05, 6301.06, 6301.07, 6301.08,                    

                6301.09, and 6301.10; and to repeal sections       31           

                4141.02, 4141.03, 4141.05, 4141.057, 4141.12,                   

                4141.15, 4141.16, 4141.161, 4141.163, 4141.44,     32           

                                                          2      


                                                                 
                5101.07, 5101.12, 5101.13, 5101.39, 5101.40,       33           

                5101.41, 5101.56, 5103.01, 5103.05, 5103.06,                    

                5103.09, 5103.10, 5103.11, 5103.18, and 5103.19    34           

                of the Revised Code and to amend Section 30 of     35           

                Am. Sub. H.B. 283 of the 123rd General Assembly    36           

                to transfer the functions of the Bureau of                      

                Employment Services to the Department of Job and   37           

                Family Services and the Department of Commerce,    38           

                rename the Department of Human Services and the    39           

                county departments of human services, implement                 

                the federal "Workforce Investment Act of 1998"     40           

                and make other changes to the law governing job    41           

                and family services, to maintain the provisions    42           

                of this act on and after April 1, 2001, by         43           

                amending the version of section 119.03 of the      44           

                Revised Code that takes effect on that date, to                 

                maintain the provisions of this act on and after   45           

                April 1, 2002, by amending the version of section               

                119.03 of the Revised Code that takes effect on    46           

                that date, and to make an appropriation.           47           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        49           

      Section 1.  That sections 119.01, 119.03, 121.02, 121.03,    51           

121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 153.06,    52           

307.86, 307.981, 307.982, 307.983, 307.984, 307.985, 307.986,      53           

329.011, 329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02,      54           

3313.64, 4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08,   55           

4141.10, 4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01,    56           

5101.02, 5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211,    57           

5101.22, 5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38,     58           

5101.80, 5101.97, and 5103.02 be amended, sections 307.984         59           

(307.985), 307.985 (307.986), 307.986 (307.987), and 307.987       60           

(307.988) be amended for the purpose of adopting new section       61           

                                                          3      


                                                                 
numbers as indicated in parentheses, and new section 307.984 and   62           

sections 124.301, 329.061, 330.01, 330.02, 330.04, 330.05,         63           

330.07, 763.01, 763.02, 763.05, 763.07, 5101.051, 5101.09,         64           

5101.213, 5101.351, 5101.47, 5107.80, 6301.01, 6301.02, 6301.03,   65           

6301.04, 6301.05, 6301.06, 6301.07, 6301.08, 6301.09, and 6301.10  66           

of the Revised Code be enacted to read as follows:                              

      Sec. 119.01.  As used in sections 119.01 to 119.13 of the    75           

Revised Code:                                                      76           

      (A)(1)  "Agency" means, except as limited by this division,  78           

any official, board, or commission having authority to promulgate  79           

rules or make adjudications in the bureau of employment services,  80           

the civil service commission, the department or, on and after      81           

July 1, 1997, the division of liquor control, the department of    82           

taxation, the industrial commission, the bureau of workers'        83           

compensation, the functions of any administrative or executive     84           

officer, department, division, bureau, board, or commission of     85           

the government of the state specifically made subject to sections  86           

119.01 to 119.13 of the Revised Code, and the licensing functions  87           

of any administrative or executive officer, department, division,  88           

bureau, board, or commission of the government of the state        89           

having the authority or responsibility of issuing, suspending,     90           

revoking, or canceling licenses.                                   91           

      Except as otherwise provided in division (I) of this         94           

section, sections 119.01 to 119.13 of the Revised Code do not      95           

apply to the public utilities commission.  Sections 119.01 to      96           

119.13 of the Revised Code do not apply to the utility             97           

radiological safety board; to the controlling board; to actions    98           

of the superintendent of financial institutions and the                         

superintendent of insurance in the taking possession of, and       100          

rehabilitation or liquidation of, the business and property of     101          

banks, savings and loan associations, savings banks, credit        102          

unions, insurance companies, associations, reciprocal fraternal    103          

benefit societies, and bond investment companies; or to any        104          

action that may be taken by the superintendent of financial        105          

                                                          4      


                                                                 
institutions under section 1113.03, 1121.05, 1121.06, 1121.10,     106          

1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10,     108          

1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,                 

1733.412, or 1761.03 of the Revised Code.                          109          

      Sections 119.01 to 119.13 of the Revised Code do not apply   112          

to actions of the industrial commission or the bureau of workers'  113          

compensation under sections 4123.01 to 4123.94 of the Revised      114          

Code with respect to all matters of adjudication, and to the       115          

actions of the industrial commission and bureau of workers'        116          

compensation under division (D) of section 4121.32 and sections    117          

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    119          

the Revised Code.                                                               

      Sections 119.01 to 119.13 of the Revised Code do not apply   122          

to actions of the bureau of employment services, except those      123          

relating (2)  "AGENCY" ALSO MEANS ANY OFFICIAL OR WORK UNIT        124          

HAVING AUTHORITY TO PROMULGATE RULES OR MAKE ADJUDICATIONS IN THE  125          

DEPARTMENT OF JOB AND FAMILY SERVICES, BUT ONLY WITH RESPECT to    126          

all BOTH of the following:                                         127          

      (1)(a)  The adoption, amendment, or rescission of rules      130          

THAT SECTION 5101.09 OF THE REVISED CODE REQUIRES BE ADOPTED IN                 

ACCORDANCE WITH THIS CHAPTER;                                      131          

      (2)(b)  The issuance, suspension, revocation, or             133          

cancellation of licenses;                                          134          

      (3)  Any hearing held pursuant to sections 4115.03 to        136          

4115.16 of the Revised Code or Chapter 4109. or 4111. of the       138          

Revised Code.                                                                   

      (B)  "License" means any license, permit, certificate,       140          

commission, or charter issued by any agency.  "License" does not   141          

include any arrangement whereby a person, institution, or entity   142          

furnishes medicaid services under a provider agreement with the    143          

department of human JOB AND FAMILY services pursuant to Title XIX  145          

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,  146          

as amended.                                                                     

                                                          5      


                                                                 
      (C)  "Rule" means any rule, regulation, or standard, having  148          

a general and uniform operation, adopted, promulgated, and         149          

enforced by any agency under the authority of the laws governing   150          

such agency, and includes any appendix to a rule.  "Rule" does     151          

not include any internal management rule of an agency unless the   152          

internal management rule affects private rights and does not       153          

include any guideline adopted pursuant to section 3301.0714 of     154          

the Revised Code.                                                  155          

      (D)  "Adjudication" means the determination by the highest   157          

or ultimate authority of an agency of the rights, duties,          158          

privileges, benefits, or legal relationships of a specified        159          

person, but does not include the issuance of a license in          160          

response to an application with respect to which no question is    161          

raised, nor other acts of a ministerial nature.                    162          

      (E)  "Hearing" means a public hearing by any agency in       164          

compliance with procedural safeguards afforded by sections 119.01  165          

to 119.13 of the Revised Code.                                     166          

      (F)  "Person" means a person, firm, corporation,             168          

association, or partnership.                                       169          

      (G)  "Party" means the person whose interests are the        171          

subject of an adjudication by an agency.                           172          

      (H)  "Appeal" means the procedure by which a person,         174          

aggrieved by a finding, decision, order, or adjudication of any    175          

agency, invokes the jurisdiction of a court.                       176          

      (I)  "Rule-making agency" means any board, commission,       178          

department, division, or bureau of the government of the state     179          

that is required to file proposed rules, amendments, or            180          

rescissions under division (D) of section 111.15 of the Revised    181          

Code and any agency that is required to file proposed rules,       182          

amendments, or rescissions under divisions (B) and (H) of section  183          

119.03 of the Revised Code.  "Rule-making agency" includes the     184          

public utilities commission.  "Rule-making agency" does not        186          

include any state-supported college or university.                 187          

      (J)  "Substantive revision" means any addition to,           189          

                                                          6      


                                                                 
elimination from, or other change in a rule, an amendment of a     190          

rule, or a rescission of a rule, whether of a substantive or       191          

procedural nature, that changes any of the following:              192          

      (1)  That which the rule, amendment, or rescission permits,  194          

authorizes, regulates, requires, prohibits, penalizes, rewards,    195          

or otherwise affects;                                              196          

      (2)  The scope or application of the rule, amendment, or     198          

rescission.                                                        199          

      (K)  "Internal management rule" means any rule, regulation,  201          

or standard governing the day-to-day staff procedures and          202          

operations within an agency.                                       203          

      Sec. 119.03.  In the adoption, amendment, or rescission of   212          

any rule, an agency shall comply with the following procedure:     213          

      (A)  Reasonable public notice shall be given in the          215          

register of Ohio at least thirty days prior to the date set for a  217          

hearing, in the form the agency determines.  The agency shall      218          

file copies of the public notice under division (B) of this        219          

section.  (The agency gives public notice in the register of Ohio  220          

when the public notice is published in the register under that     221          

division.)                                                                      

      The public notice shall include:                             223          

      (1)  A statement of the agency's intention to consider       225          

adopting, amending, or rescinding a rule;                          226          

      (2)  A synopsis of the proposed rule, amendment, or rule to  228          

be rescinded or a general statement of the subject matter to       229          

which the proposed rule, amendment, or rescission relates;         230          

      (3)  A statement of the reason or purpose for adopting,      232          

amending, or rescinding the rule;                                  233          

      (4)  The date, time, and place of a hearing on the proposed  235          

action, which shall be not earlier than the thirty-first nor       237          

later than the fortieth day after the proposed rule, amendment,    239          

or rescission is filed under division (B) of this section.         240          

      In addition to public notice given in the register of Ohio,  243          

the agency may give whatever other notice it reasonably considers  245          

                                                          7      


                                                                 
necessary to ensure notice constructively is given to all persons  246          

who are subject to or affected by the proposed rule, amendment,    247          

or rescission.                                                                  

      The agency shall provide a copy of the public notice         250          

required under division (A) of this section to any person who      251          

requests it and pays a reasonable fee, not to exceed the cost of   252          

copying and mailing.                                               253          

      (B)  One copy of the full text of the proposed rule,         255          

amendment, or rule to be rescinded, accompanied by one copy of     256          

the public notice required under division (A) of this section,     257          

shall be filed with the secretary of state.  Two copies of the     258          

full text of the proposed rule, amendment, or rule to be           259          

rescinded, accompanied by two copies of the public notice          260          

required under division (A) of this section, shall be filed with   261          

the director of the legislative service commission.  (If in        262          

compliance with this division an agency files more than one        263          

proposed rule, amendment, or rescission at the same time, and has  264          

prepared a public notice under division (A) of this section that   267          

applies to more than one of the proposed rules, amendments, or     268          

rescissions, the agency shall file only one copy of the notice     269          

with the secretary of state and only two copies of the notice      270          

with the director for all of the proposed rules, amendments, or    271          

rescissions to which the notice applies.)  The proposed rule,      272          

amendment, or rescission and public notice shall be filed as       273          

required by this division at least sixty-five days prior to the    275          

date on which the agency, in accordance with division (D) of this  276          

section, issues an order adopting the proposed rule, amendment,    277          

or rescission.                                                     278          

      The proposed rule, amendment, or rescission shall be         281          

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

hearing at the office of the agency in printed or other legible    282          

form without charge to any person affected by the proposal.        283          

Failure to furnish such text to any person requesting it shall     284          

not invalidate any action of the agency in connection therewith.   285          

                                                          8      


                                                                 
      If the agency files a substantive revision in the text of    287          

the proposed rule, amendment, or rescission under division (H) of  288          

this section, it shall also promptly file one copy of the full     289          

text of the proposed rule, amendment, or rescission in its         290          

revised form with the secretary of state and two copies thereof    291          

with the director of the legislative service commission.           292          

      The agency shall attach a copy of the rule summary and       295          

fiscal analysis prepared under section 121.24 or 127.18 of the     296          

Revised Code, or both, to each copy of a proposed rule,            297          

amendment, or rescission or proposed rule, amendment, or           298          

rescission in revised form that is filed with the secretary of     299          

state or the director of the legislative service commission.       300          

      The director of the legislative service commission shall     302          

publish in the register of Ohio the full text of the original and  304          

each revised version of a proposed rule, amendment, or             305          

rescission; the full text of a public notice; and the full text    307          

of a rule summary and fiscal analysis that is filed with the       308          

director under this division.                                                   

      (C)  On the date and at the time and place designated in     310          

the notice, the agency shall conduct a public hearing at which     311          

any person affected by the proposed action of the agency may       312          

appear and be heard in person, by the person's attorney, or both,  314          

may present the person's position, arguments, or contentions,      315          

orally or in writing, offer and examine witnesses, and present     317          

evidence tending to show that the proposed rule, amendment, or     318          

rescission, if adopted or effectuated, will be unreasonable or     319          

unlawful.  An agency may permit persons affected by the proposed   320          

rule, amendment, or rescission to present their positions,         321          

arguments, or contentions in writing, not only at the hearing,     322          

but also for a reasonable period before, after, or both before     323          

and after the hearing.  A person who presents a position or        324          

arguments or contentions in writing before or after the hearing    325          

is not required to appear at the hearing.                          326          

      At the hearing, the testimony shall be recorded.  Such       328          

                                                          9      


                                                                 
record shall be made at the expense of the agency.  The agency is  331          

required to transcribe a record that is not sight readable only    332          

if a person requests transcription of all or part of the record    333          

and agrees to reimburse the agency for the costs of the            334          

transcription.  An agency may require the person to pay in         335          

advance all or part of the cost of the transcription.              336          

      In any hearing under this section the agency may administer  338          

oaths or affirmations.                                             339          

      (D)  After complying with divisions (A), (B), (C), and (H)   341          

of this section, and when the time for legislative review and      342          

invalidation under division (I) of this section has expired, the   343          

agency may issue an order adopting the proposed rule or the        344          

proposed amendment or rescission of the rule, consistent with the  345          

synopsis or general statement included in the public notice.  At   346          

that time the agency shall designate the effective date of the     347          

rule, amendment, or rescission, which shall not be earlier than    348          

the tenth day after the rule, amendment, or rescission has been    349          

filed in its final form as provided in section 119.04 of the       350          

Revised Code.                                                      351          

      (E)  Prior to the effective date of a rule, amendment, or    353          

rescission, the agency shall make a reasonable effort to inform    354          

those affected by the rule, amendment, or rescission and to have   355          

available for distribution to those requesting it the full text    356          

of the rule as adopted or as amended.                              357          

      (F)  If the governor, upon the request of an agency,         359          

determines that an emergency requires the immediate adoption,      360          

amendment, or rescission of a rule, the governor shall issue a     362          

written order, a copy of which shall be filed with the secretary   363          

of state, the director of the legislative service commission, and  364          

the joint committee on agency rule review, that the procedure      365          

prescribed by this section with respect to the adoption,           366          

amendment, or rescission of a specified rule is suspended.  The    367          

agency may then adopt immediately the emergency rule, amendment,   368          

or rescission and it becomes effective on the date copies of the   369          

                                                          10     


                                                                 
rule, amendment, or rescission, in final form and in compliance    370          

with division (A)(2) of section 119.04 of the Revised Code, are    371          

filed as follows:  two certified copies of the emergency rule,     372          

amendment, or rescission shall be filed with both the secretary    373          

of state and the director of the legislative service commission,   374          

and one certified copy of the emergency rule, amendment, or        375          

rescission shall be filed with the joint committee on agency rule  376          

review.  If all copies are not filed on the same day, the          377          

emergency rule, amendment, or rescission shall be effective on     378          

the day on which the latest filing is made.  The director shall    379          

publish the full text of the emergency rule, amendment, or         380          

rescission in the register of Ohio.                                381          

      The emergency rule, amendment, or rescission shall become    384          

invalid at the end of the ninetieth day it is in effect.  Prior    385          

to that date the agency may adopt the emergency rule, amendment,   386          

or rescission as a nonemergency rule, amendment, or rescission by  387          

complying with the procedure prescribed by this section for the    388          

adoption, amendment, and rescission of nonemergency rules.  The    389          

agency shall not use the procedure of this division to readopt     390          

the emergency rule, amendment, or rescission so that, upon the     391          

emergency rule, amendment, or rescission becoming invalid under    392          

this division, the emergency rule, amendment, or rescission will   393          

continue in effect without interruption for another ninety-day     394          

period.                                                                         

      This division does not apply to the adoption of any          396          

emergency rule, amendment, or rescission by the tax commissioner   397          

under division (C)(2) of section 5117.02 of the Revised Code.      398          

      (G)  Rules adopted by an authority within the department of  400          

taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR         401          

ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau  402          

DEPARTMENT of employment services TAXATION shall be effective      404          

without a hearing as provided by this section if the statutes      405          

pertaining to such agency specifically give a right of appeal to   406          

the board of tax appeals or to a higher authority within the       407          

                                                          11     


                                                                 
agency or to a court, and also give the appellant a right to a     408          

hearing on such appeal.  This division does not apply to the       409          

adoption of any rule, amendment, or rescission by the tax          410          

commissioner under division (C)(1) or (2) of section 5117.02 of    411          

the Revised Code, or deny the right to file an action for          412          

declaratory judgment as provided in Chapter 2721. of the Revised   413          

Code from the decision of the board of tax appeals or of the       414          

higher authority within such agency.                               415          

      (H)  When any agency files a proposed rule, amendment, or    417          

rescission under division (B) of this section, it shall also file  418          

with the joint committee on agency rule review two copies of the   419          

full text of the proposed rule, amendment, or rule to be           420          

rescinded in the same form and two copies of the public notice     421          

required under division (A) of this section.  (If in compliance    422          

with this division an agency files more than one proposed rule,    423          

amendment, or rescission at the same time, and has given a public  424          

notice under division (A) of this section that applies to more     425          

than one of the proposed rules, amendments, or rescissions, the    426          

agency shall file only two copies of the notice with the joint     427          

committee for all of the proposed rules, amendments, or            428          

rescissions to which the notice applies.)  If the agency makes a   429          

substantive revision in a proposed rule, amendment, or rescission  430          

after it is filed with the joint committee, the agency shall       431          

promptly file two copies of the full text of the proposed rule,    432          

amendment, or rescission in its revised form with the joint        433          

committee.  The latest version of a proposed rule, amendment, or   434          

rescission as filed with the joint committee supersedes each       435          

earlier version of the text of the same proposed rule, amendment,  436          

or rescission.  An agency shall attach one copy of the rule        437          

summary and fiscal analysis prepared under section 121.24 or       438          

127.18 of the Revised Code, or both, to each copy of a proposed    439          

rule, amendment, or rescission, and to each copy of a proposed     440          

rule, amendment, or rescission in revised form, that is filed      441          

under this division.                                               442          

                                                          12     


                                                                 
      This division does not apply to:                             444          

      (1)  An emergency rule, amendment, or rescission;            446          

      (2)  Any proposed rule, amendment, or rescission that must   448          

be adopted verbatim by an agency pursuant to federal law or rule,  449          

to become effective within sixty days of adoption, in order to     450          

continue the operation of a federally reimbursed program in this   451          

state, so long as the proposed rule contains both of the           452          

following:                                                         453          

      (a)  A statement that it is proposed for the purpose of      455          

complying with a federal law or rule;                              456          

      (b)  A citation to the federal law or rule that requires     458          

verbatim compliance.                                               459          

      If a rule or amendment is exempt from legislative review     461          

under division (H)(2) of this section, and if the federal law or   462          

rule pursuant to which the rule or amendment was adopted expires,  463          

is repealed or rescinded, or otherwise terminates, the rule or     465          

amendment, or its rescission, is thereafter subject to             466          

legislative review under division (H) of this section.             468          

      (I)(1)  The joint committee on agency rule review may        470          

recommend the adoption of a concurrent resolution invalidating a   471          

proposed rule, amendment, rescission, or part thereof if it finds  472          

any of the following:                                              473          

      (a)  That the rule-making agency has exceeded the scope of   475          

its statutory authority in proposing the rule, amendment, or       476          

rescission;                                                        477          

      (b)  That the proposed rule, amendment, or rescission        479          

conflicts with another rule, amendment, or rescission adopted by   480          

the same or a different rule-making agency;                        481          

      (c)  That the proposed rule, amendment, or rescission        483          

conflicts with the legislative intent in enacting the statute      484          

under which the rule-making agency proposed the rule, amendment,   485          

or rescission;                                                     486          

      (d)  That the rule-making agency has failed to prepare a     488          

complete and accurate rule summary and fiscal analysis of the      489          

                                                          13     


                                                                 
proposed rule, amendment, or rescission as required by section     490          

121.24 or 127.18 of the Revised Code, or both.                     491          

      The joint committee shall not hold its public hearing on a   493          

proposed rule, amendment, or rescission earlier than the           494          

forty-first day after the original version of the proposed rule,   495          

amendment, or rescission was filed with the joint committee.       496          

      The house of representatives and senate may adopt a          498          

concurrent resolution invalidating a proposed rule, amendment,     499          

rescission, or part thereof.  The concurrent resolution shall      500          

state which of the specific rules, amendments, rescissions, or     501          

parts thereof are invalidated.  A concurrent resolution            502          

invalidating a proposed rule, amendment, or rescission shall be    503          

adopted not later than the sixty-fifth day after the original      506          

version of the text of the proposed rule, amendment, or            507          

rescission is filed with the joint committee, except that if more  508          

than thirty-five days after the original version is filed the      510          

rule-making agency either files a revised version of the text of   511          

the proposed rule, amendment, or rescission, or revises the rule   512          

summary and fiscal analysis in accordance with division (I)(4) of  513          

this section, a concurrent resolution invalidating the proposed    514          

rule, amendment, or rescission shall be adopted not later than     515          

the thirtieth day after the revised version of the proposed rule   517          

or rule summary and fiscal analysis is filed.  If, after the       518          

joint committee on agency rule review recommends the adoption of   519          

a concurrent resolution invalidating a proposed rule, amendment,   520          

rescission, or part thereof, the house of representatives or       521          

senate does not, within the time remaining for adoption of the     522          

concurrent resolution, hold five floor sessions at which its       523          

journal records a roll call vote disclosing a sufficient number    524          

of members in attendance to pass a bill, the time within which     525          

that house may adopt the concurrent resolution is extended until   526          

it has held five such floor sessions.                              527          

      Within five days after the adoption of a concurrent          529          

resolution invalidating a proposed rule, amendment, rescission,    530          

                                                          14     


                                                                 
or part thereof, the clerk of the senate shall send the            531          

rule-making agency, the secretary of state, and the director of    532          

the legislative service commission a certified copy of the         533          

resolution together with a certification stating the date on       534          

which the resolution takes effect.  The secretary of state and     535          

the director of the legislative service commission shall each      536          

note the invalidity of the proposed rule, amendment, rescission,   537          

or part thereof on their copies, and shall each remove the         539          

invalid proposed rule, amendment, rescission, or part thereof      540          

from the file of proposed rules.  The rule-making agency shall     541          

not proceed to adopt in accordance with division (D) of this       542          

section, or to file in accordance with division (B)(1) of section  543          

111.15 of the Revised Code, any version of a proposed rule,        544          

amendment, rescission, or part thereof that has been invalidated   545          

by concurrent resolution.                                          546          

      Unless the house of representatives and senate adopt a       548          

concurrent resolution invalidating a proposed rule, amendment,     549          

rescission, or part thereof within the time specified by this      550          

division, the rule-making agency may proceed to adopt in           551          

accordance with division (D) of this section, or to file in        552          

accordance with division (B)(1) of section 111.15 of the Revised   553          

Code, the latest version of the proposed rule, amendment, or       554          

rescission as filed with the joint committee.  If by concurrent    555          

resolution certain of the rules, amendments, rescissions, or       556          

parts thereof are specifically invalidated, the rule-making        557          

agency may proceed to adopt, in accordance with division (D) of    558          

this section, or to file in accordance with division (B)(1) of     559          

section 111.15 of the Revised Code, the latest version of the      560          

proposed rules, amendments, rescissions, or parts thereof as       561          

filed with the joint committee that are not specifically           562          

invalidated.  The rule-making agency may not revise or amend any   563          

proposed rule, amendment, rescission, or part thereof that has     564          

not been invalidated except as provided in this chapter or in      565          

section 111.15 of the Revised Code.                                566          

                                                          15     


                                                                 
      (2)(a)  A proposed rule, amendment, or rescission that is    568          

filed with the joint committee under division (H) of this section  569          

or division (D) of section 111.15 of the Revised Code shall be     570          

carried over for legislative review to the next succeeding         571          

regular session of the general assembly if the original or any     572          

revised version of the proposed rule, amendment, or rescission is  573          

filed with the joint committee on or after the first day of        574          

December of any year.                                              575          

      (b)  The latest version of any proposed rule, amendment, or  577          

rescission that is subject to division (I)(2)(a) of this section,  578          

as filed with the joint committee, is subject to legislative       579          

review and invalidation in the next succeeding regular session of  580          

the general assembly in the same manner as if it were the          581          

original version of a proposed rule, amendment, or rescission      582          

that had been filed with the joint committee for the first time    583          

on the first day of the session.  A rule-making agency shall not   584          

adopt in accordance with division (D) of this section, or file in  585          

accordance with division (B)(1) of section 111.15 of the Revised   586          

Code, any version of a proposed rule, amendment, or rescission     587          

that is subject to division (I)(2)(a) of this section until the    588          

time for legislative review and invalidation, as contemplated by   589          

division (I)(2)(b) of this section, has expired.                   590          

      (3)  Invalidation of any version of a proposed rule,         592          

amendment, rescission, or part thereof by concurrent resolution    593          

shall prevent the rule-making agency from instituting or           594          

continuing proceedings to adopt any version of the same proposed   595          

rule, amendment, rescission, or part thereof for the duration of   596          

the general assembly that invalidated the proposed rule,           597          

amendment, rescission, or part thereof unless the same general     598          

assembly adopts a concurrent resolution permitting the             599          

rule-making agency to institute or continue such proceedings.      600          

      The failure of the general assembly to invalidate a          602          

proposed rule, amendment, rescission, or part thereof under this   603          

section shall not be construed as a ratification of the            604          

                                                          16     


                                                                 
lawfulness or reasonableness of the proposed rule, amendment,      605          

rescission, or any part thereof or of the validity of the          606          

procedure by which the proposed rule, amendment, rescission, or    607          

any part thereof was proposed or adopted.                          608          

      (4)  In lieu of recommending a concurrent resolution to      610          

invalidate a proposed rule, amendment, rescission, or part         611          

thereof because the rule-making agency has failed to prepare a     612          

complete and accurate fiscal analysis, the joint committee on      613          

agency rule review may issue, on a one-time basis, for rules,      614          

amendments, rescissions, or parts thereof that have a fiscal       615          

effect on school districts, counties, townships, or municipal      616          

corporations, a written finding that the rule summary and fiscal   617          

analysis is incomplete or inaccurate and order the rule-making     618          

agency to revise the rule summary and fiscal analysis and refile   619          

it with the proposed rule, amendment, rescission, or part          620          

thereof.  If an emergency rule is filed as a nonemergency rule     621          

before the end of the ninetieth day of the emergency rule's        622          

effectiveness, and the joint committee issues a finding and        623          

orders the rule-making agency to refile under division (I)(4) of   624          

this section, the governor may also issue a written order stating  625          

that the emergency rule shall remain in effect for an additional   626          

sixty days after the ninetieth day of the emergency rule's         627          

effectiveness.  Copies of the governor's written orders shall be   628          

filed in accordance with division (F) of this section.  The joint  629          

committee shall send the rule-making agency, the secretary of      630          

state, and the director of the legislative service commission a    631          

certified copy of the order to revise the rule summary and fiscal  632          

analysis, which shall take immediate effect.                       633          

      A written order issued under division (I)(4) of this         635          

section shall prevent the rule-making agency from instituting or   636          

continuing proceedings to adopt any version of the proposed rule,  637          

amendment, rescission, or part thereof until the rule-making       638          

agency revises the rule summary and fiscal analysis and refiles    639          

it with the joint committee along with the proposed rule,          640          

                                                          17     


                                                                 
amendment, rescission, or part thereof.  If the joint committee    641          

finds the rule summary and fiscal analysis to be complete and      642          

accurate, the joint committee shall issue a new written order      643          

noting that the rule-making agency has revised and refiled a       644          

complete and accurate rule summary and fiscal analysis.  The       645          

joint committee shall send the rule-making agency, the secretary   646          

of state, and the director of the legislative service commission   647          

a certified copy of this new order.  The secretary of state and    648          

the director of the legislative service commission shall each      649          

attach this order to their copies of the proposed rule,            650          

amendment, rescission, or part thereof.  The rule-making agency    651          

may then proceed to adopt in accordance with division (D) of this  652          

section, or to file in accordance with division (B)(1) of section  653          

111.15 of the Revised Code, the proposed rule, amendment,          654          

rescission, or part thereof that was subject to the written        655          

finding and order under division (I)(4) of this section.  If the   656          

joint committee determines that the revised rule summary and       657          

fiscal analysis is still inaccurate or incomplete, the joint       658          

committee shall recommend the adoption of a concurrent resolution  659          

in accordance with division (I)(1) of this section.                660          

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001.    662          

      Sec. 121.02.  The following administrative departments and   671          

their respective directors are hereby created:                     672          

      (A)  The office of budget and management, which shall be     674          

administered by the director of budget and management;             675          

      (B)  The department of commerce, which shall be              677          

administered by the director of commerce;                          678          

      (C)  The department of administrative services, which shall  680          

be administered by the director of administrative services;        681          

      (D)  The department of transportation, which shall be        683          

administered by the director of transportation;                    684          

      (E)  The department of agriculture, which shall be           686          

administered by the director of agriculture;                       687          

      (F)  The department of natural resources, which shall be     689          

                                                          18     


                                                                 
administered by the director of natural resources;                 690          

      (G)  The department of health, which shall be administered   692          

by the director of health;                                         693          

      (H)  The department of human JOB AND FAMILY services, which  695          

shall be administered by the director of human JOB AND FAMILY      697          

services;                                                                       

      (I)  Until July 1, 1997, the department of liquor control,   699          

which shall be administered by the director of liquor control;     700          

      (J)  The department of public safety, which shall be         702          

administered by the director of public safety;                     703          

      (K)  The department of mental health, which shall be         705          

administered by the director of mental health;                     706          

      (L)  The department of mental retardation and developmental  708          

disabilities, which shall be administered by the director of       709          

mental retardation and developmental disabilities;                 710          

      (M)  The department of insurance, which shall be             712          

administered by the superintendent of insurance as director        713          

thereof;                                                           714          

      (N)  The department of development, which shall be           716          

administered by the director of development;                       717          

      (O)  The department of youth services, which shall be        719          

administered by the director of youth services;                    720          

      (P)  The department of rehabilitation and correction, which  722          

shall be administered by the director of rehabilitation and        723          

correction;                                                        724          

      (Q)  The environmental protection agency, which shall be     726          

administered by the director of environmental protection;          727          

      (R)  The department of aging, which shall be administered    729          

by the director of aging;                                          730          

      (S)  The department of alcohol and drug addiction services,  732          

which shall be administered by the director of alcohol and drug    733          

addiction services.                                                734          

      The director of each department shall exercise the powers    736          

and perform the duties vested by law in such department.           737          

                                                          19     


                                                                 
      Sec. 121.03.  The following administrative department heads  746          

shall be appointed by the governor, with the advice and consent    747          

of the senate, and shall hold their offices during the term of     748          

the appointing governor, and are subject to removal at the         749          

pleasure of the governor.                                          750          

      (A)  The director of budget and management;                  752          

      (B)  The director of commerce;                               754          

      (C)  The director of transportation;                         756          

      (D)  The director of agriculture;                            758          

      (E)  The director of human JOB AND FAMILY services;          761          

      (F)  Until July 1, 1997, the director of liquor control;     763          

      (G)  The director of public safety;                          765          

      (H)  The superintendent of insurance;                        767          

      (I)  The director of development;                            769          

      (J)  The tax commissioner;                                   771          

      (K)  The director of administrative services;                773          

      (L)  The administrator of the bureau of employment           775          

services;                                                          776          

      (M)  The director of natural resources;                      778          

      (N)(M)  The director of mental health;                       780          

      (O)(N)  The director of mental retardation and               782          

developmental disabilities;                                        783          

      (P)(O)  The director of health;                              785          

      (Q)(P)  The director of youth services;                      787          

      (R)(Q)  The director of rehabilitation and correction;       789          

      (S)(R)  The director of environmental protection;            791          

      (T)(S)  The director of aging;                               793          

      (U)(T)  The director of alcohol and drug addiction           795          

services;                                                                       

      (V)(U)  The administrator of workers' compensation who       797          

meets the qualifications required under division (A) of section    798          

4121.121 of the Revised Code.                                      799          

      Sec. 121.32.  The commission on Hispanic-Latino affairs      808          

shall:                                                                          

                                                          20     


                                                                 
      (A)  Gather and disseminate information and conduct          810          

hearings, conferences, investigations, and special studies on      811          

problems and programs concerning Spanish-speaking people;          812          

      (B)  Secure appropriate recognition of the accomplishments   814          

and contributions of Spanish-speaking people to this state;        815          

      (C)  Stimulate public awareness of the problems of           817          

Spanish-speaking people by conducting a program of public          818          

education;                                                         819          

      (D)  Develop, coordinate, and assist other public and        821          

private organizations that serve Spanish-speaking people,          822          

including the conducting of training programs for community        823          

leadership and service project staff;                              824          

      (E)  Advise the governor, general assembly, and state        826          

departments and agencies of the nature, magnitude, and priorities  827          

of the problems of Spanish-speaking people;                        828          

      (F)  Advise the governor, general assembly, and state        830          

departments and agencies on, and assist in the development and     831          

implementation of, comprehensive and coordinated policies,         832          

programs, and procedures focusing on the special problems and      833          

needs of Spanish-speaking people, especially in the fields of      834          

education, employment, energy, health, housing, welfare, and       835          

recreation;                                                        836          

      (G)  Propose new programs concerning Spanish-speaking        838          

people to public and private agencies and evaluate for such        839          

agencies existing programs or prospective legislation concerning   840          

Spanish-speaking people;                                           841          

      (H)  Review and approve grants to be made from federal,      843          

state, or private funds which are administered or subcontracted    844          

by the office of Spanish-speaking affairs;                         845          

      (I)  Review and approve the annual report prepared by the    847          

office of Spanish-speaking affairs;                                848          

      (J)  Create an interagency council consisting of the         850          

following persons or their authorized representatives:  one        851          

member of the senate appointed by the president of the senate;     852          

                                                          21     


                                                                 
one member of the house of representatives appointed by the        853          

speaker of the house of representatives; the directors of          854          

administrative services, agriculture, education, development,      855          

health, highway safety, human JOB AND FAMILY services, industrial  856          

relations, liquor control, mental health, mental retardation and   858          

developmental disabilities, natural resources, rehabilitation and  859          

correction, youth services, transportation, environmental          860          

protection, and budget and management; the chairperson of the      861          

Ohio civil rights commission, and the administrators of the        863          

bureau of employment services, the bureau of workers'              864          

compensation, and the rehabilitation services commission, AND AN   866          

ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE                    

GOVERNOR.  The commission on Hispanic-Latino affairs, by rule,     869          

may designate other state officers or their representatives to be  870          

members of the council.  The director of the commission shall be   872          

the chairperson of the council.                                                 

      The interagency council shall provide and coordinate the     874          

exchange of information relative to the needs of Spanish-speaking  875          

people and promote the delivery of state services to such people.  876          

The council shall meet at the call of the chairperson.             877          

      Sec. 124.23.  (A)  All applicants for positions and places   886          

in the classified service shall be subject to examination, except  887          

for applicants for positions as professional or certified service  888          

and paraprofessional employees of county boards of mental          889          

retardation and developmental disabilities, who shall be hired in  890          

the manner provided in section 124.241 of the Revised Code.        891          

      (B)  Any examination administered under this section shall   893          

be public, and open to all citizens of the United States and       894          

those persons who have legally declared their intentions of        895          

becoming United States citizens, within certain limitations to be  896          

determined by the director of administrative services, as to       897          

citizenship, residence, age, experience, education, health,        898          

habit, and moral character; provided any soldier, sailor, marine,  899          

coast guardsman GUARDER, member of the auxiliary corps as          900          

                                                          22     


                                                                 
established by congress, member of the army nurse corps or navy    902          

nurse corps, or red cross nurse who has served in the army, navy,  903          

or hospital service of the United States, and such other military  904          

service as is designated by congress, including World War I,       905          

World War II, or during the period beginning May 1, 1949, and      906          

lasting so long as the armed forces of the United States are       907          

engaged in armed conflict or occupation duty, or the selective     908          

service or similar conscriptive acts are in effect in the United   909          

States, whichever is the later date, who has been honorably        910          

discharged therefrom or transferred to the reserve with evidence   911          

of satisfactory service, and is a resident of Ohio, may file with  912          

the director OF ADMINISTRATIVE SERVICES a certificate of service   914          

or honorable discharge, whereupon the person shall receive         916          

additional credit of twenty per cent of the person's total grade   917          

given in the regular examination in which the person receives a                 

passing grade.  Such examination may include an evaluation of      918          

such factors as education, training, capacity, knowledge, manual   919          

dexterity, and physical or psychological fitness.  Examinations    920          

shall consist of one or more tests in any combination.  Tests may  921          

be written, oral, physical, demonstration of skill, or an          922          

evaluation of training and experiences and shall be designed to    923          

fairly test the relative capacity of the persons examined to       924          

discharge the particular duties of the position for which          925          

appointment is sought.  Where minimum or maximum requirements are  926          

established for any examination they shall be specified in the     927          

examination announcement.                                          928          

      The director OF ADMINISTRATIVE SERVICES shall have control   930          

of all examinations, except as otherwise provided in sections      932          

124.01 to 124.64 of the Revised Code.  No questions in any         933          

examination shall relate to political or religious opinions or     934          

affiliations.  No credit for seniority, efficiency, or any other   935          

reason shall be added to an applicant's examination grade unless   936          

the applicant achieves at least the minimum passing grade on the   937          

examination without counting such extra credit.                    938          

                                                          23     


                                                                 
      Reasonable EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 124.01   940          

TO 124.64 OF THE REVISED CODE, THE DIRECTOR OF ADMINISTRATIVE      941          

SERVICES SHALL GIVE REASONABLE notice of the time, place, and      942          

general scope of every competitive examination for appointment to  943          

a position in the civil service, except as otherwise provided in   944          

such sections, shall be given by the director.  Written THE        945          

DIRECTOR OF ADMINISTRATIVE SERVICES SHALL SEND WRITTEN, printed,   946          

or electronic notices of every examination of the state            948          

classified service shall be sent by the director to each Ohio      949          

bureau of employment services branch office, or, if no such        950          

branch office AGENCY OF THE TYPE THE DIRECTOR OF JOB AND FAMILY    951          

SERVICES SPECIFIES AND, IN THE CASE OF A COUNTY IN WHICH NO SUCH   952          

AGENCY is located in a county, to the clerk of the court of        953          

common pleas of that county and to the clerk of each city of that  955          

county.  Such notices, promptly upon receipt, shall be posted in   956          

conspicuous public places in the branch office, or in DESIGNATED   957          

AGENCIES AND the courthouse of the county, and in the city hall    959          

of the city CITIES, OF THE COUNTIES IN WHICH NO SUCH AGENCY IS     960          

LOCATED.  Such notices shall be posted in a conspicuous place in   961          

the office of the director OF ADMINISTRATIVE SERVICES for at       962          

least two weeks before any examination.  In case of examinations   963          

limited by the director OF ADMINISTRATIVE SERVICES to a district,  964          

county, city, or department, the director OF ADMINISTRATIVE        966          

SERVICES shall provide by rule for adequate publicity of such      967          

examinations in the district, county, city, or department within   968          

which competition is permitted.                                    969          

      Sec. 124.30.  (A)  Positions in the classified service may   978          

be filled without competition as follows:                          979          

      (1)  Whenever there are urgent reasons for filling a         981          

vacancy in any position in the classified service and the          982          

director of administrative services is unable to certify to the    983          

appointing authority, upon requisition by the latter, a list of    984          

persons eligible for appointment to such position after a          985          

competitive examination, the appointing authority may nominate a   986          

                                                          24     


                                                                 
person to the director for noncompetitive examination, and if      987          

such nominee is certified by the director as qualified after such  988          

noncompetitive examination, the nominee may be appointed           989          

provisionally to fill such vacancy until a selection and           991          

appointment can be made after competitive examination; but such    992          

provisional appointment shall continue in force only until a       993          

regular appointment can be made from eligible lists prepared by    994          

the director and such eligible lists shall be prepared within six  995          

months, provided that an examination for the position must be      996          

held within the six-month period from the date of such             997          

provisional appointment.  In the case of provisional appointees    998          

in county departments of human JOB AND FAMILY services and in the  999          

department of human JOB AND FAMILY services and department of      1,000        

health, if the salary is paid in whole or in part from federal     1,002        

funds, such eligible lists shall be prepared within six months,    1,003        

provided that an examination for the position must be held within  1,004        

the six-month period from the date of such provisional             1,005        

appointment.  In case of an emergency, an appointment may be made  1,006        

without regard to the rules of sections 124.01 to 124.64 of the    1,007        

Revised Code, but in no case to continue longer than thirty days,  1,008        

and in no case shall successive appointments be made.  Interim or  1,009        

temporary appointments, made necessary by reason of sickness,      1,010        

disability, or other approved leave of absence of regular          1,011        

officers or employees shall continue only during such period of    1,012        

sickness, disability, or other approved leave of absence, subject  1,013        

to rules to be provided for by the director.                       1,014        

      (2)  In case of a vacancy in a position in the classified    1,016        

service where peculiar and exceptional qualifications of a         1,017        

scientific, managerial, professional, or educational character     1,018        

are required, and upon satisfactory evidence that for specified    1,019        

reasons competition in such special case is impracticable and      1,020        

that the position can best be filled by a selection of some        1,021        

designated person of high and recognized attainments in such       1,022        

qualities, the director may suspend the provisions of sections     1,023        

                                                          25     


                                                                 
124.01 to 124.64 of the Revised Code, requiring competition in     1,024        

such case, but no suspension shall be general in its application,  1,025        

and all such cases of suspension shall be reported in the annual   1,026        

report of the director with the reasons for the suspension.  THE   1,027        

DIRECTOR SHALL SUSPEND THE PROVISIONS WHEN THE DIRECTOR OF JOB     1,028        

AND FAMILY SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER      1,029        

SECTION 5101.051 OF THE REVISED CODE THAT A POSITION WITH THE      1,030        

DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE    1,031        

PROVISIONS ARE SUSPENDED.                                                       

      (3)  Where the services to be rendered by an appointee are   1,033        

for a temporary period, not to exceed six months, and the need of  1,034        

such service is important and urgent, the appointing authority     1,035        

may select for such temporary service any person on the proper     1,036        

list of those eligible for permanent appointment.  Successive      1,037        

temporary appointments to the same position shall not be made      1,038        

under this division.  The acceptance or refusal by an eligible of  1,039        

a temporary appointment shall not affect the person's standing on  1,040        

the register for permanent employment; nor shall the period of     1,041        

temporary service be counted as a part of the probationary         1,042        

service in case of subsequent appointment to a permanent           1,043        

position.                                                          1,044        

      (B)  Persons who receive external interim, temporary, or     1,046        

intermittent appointments are in the unclassified civil service    1,047        

and serve at the pleasure of their appointing authority.  Interim  1,048        

appointments shall be made only to fill a vacancy that results     1,049        

from an employee's temporary absence, but shall not be made to     1,050        

fill a vacancy that results because an employee receives an        1,051        

interim appointment.                                                            

      Sec. 124.301.  THE DIRECTOR OF ADMINISTRATIVE SERVICES       1,053        

SHALL WAIVE ANY RESIDENCY REQUIREMENT FOR THE CIVIL SERVICE        1,054        

ESTABLISHED BY A RULE ADOPTED UNDER DIVISION (A) OF SECTION        1,055        

124.09 OF THE REVISED CODE IF THE DIRECTOR OF JOB AND FAMILY       1,057        

SERVICES PROVIDES THE DIRECTOR CERTIFICATION UNDER SECTION         1,058        

5101.051 OF THE REVISED CODE THAT A POSITION WITH THE DEPARTMENT   1,059        

                                                          26     


                                                                 
OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF THE RESIDENCY     1,060        

REQUIREMENT IS WAIVED.                                                          

      Sec. 125.24.  (A)  There is hereby created the Ohio benefit  1,069        

systems data linkage committee, consisting of the directors of     1,070        

administrative services, budget and management, human JOB AND      1,071        

FAMILY services, and health, the tax commissioner, the registrar   1,073        

of motor vehicles, a representative of the Ohio human services     1,074        

directors' association and a representative of the county          1,075        

commissioners association of Ohio appointed by the director of     1,076        

administrative services, and the administrators of the bureaus     1,077        

ADMINISTRATOR of workers' compensation, and employment services    1,079        

AN ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE    1,080        

GOVERNOR.  The director of administrative services shall convene   1,081        

the committee.                                                                  

      (B)  Not later than July 1, 1994, the Ohio benefit systems   1,083        

data linkage committee shall develop a plan for development and    1,084        

implementation of the state benefit eligibility verification       1,085        

system that links the information systems of the agencies          1,086        

specified in division (C) of this section.  The plan shall be      1,088        

submitted to the president of the senate, the speaker of the       1,089        

house of representatives, and the governor.                        1,090        

      The plan shall include all of the following:                 1,092        

      (1)  Designation of the state agency to be responsible for   1,094        

establishing and implementing the system;                          1,095        

      (2)  Specification of the form and manner in which           1,097        

participating agencies must exchange information under the         1,098        

system;                                                            1,099        

      (3)  Specifications regarding the confidential treatment of  1,101        

information obtained and furnished under the system;               1,102        

      (4)  Estimates of the funding required to implement the      1,104        

system;                                                            1,105        

      (5)  A report on the feasibility of directly linking the     1,107        

information system to other state, federal, and local information  1,108        

systems;                                                           1,109        

                                                          27     


                                                                 
      (6)  Identification of any federal requirements and          1,111        

limitations applicable to the system.                              1,112        

      (C)  Not later than July 1, 1996, the state benefit          1,114        

eligibility verification system shall be established and           1,115        

implemented by the chief administrative officer of the agency      1,116        

designated by the Ohio benefit systems data linkage committee.     1,117        

The departments of administrative services, human JOB AND FAMILY   1,119        

services, and taxation; the office of budget and management; the   1,120        

office of vital statistics in the department of health; the        1,121        

bureau of motor vehicles in the department of public safety; and   1,122        

the bureaus BUREAU of employment services and workers'             1,124        

compensation shall participate in the system.                      1,125        

      (D)  The administrator of the system shall ensure that       1,127        

information obtained or furnished under the system is made         1,128        

available only to the extent necessary to assist in the valid      1,129        

administrative needs of the agency receiving the information and   1,130        

is targeted for use in ways that are most likely to be productive  1,131        

in identifying and preventing erroneous eligibility                1,132        

determinations and incorrect payments.  The administrator shall    1,133        

take any other action necessary to provide for the confidential    1,134        

treatment of the information obtained and furnished under the      1,135        

system and shall ensure that the sharing of information under the  1,136        

system is not in conflict with any applicable federal              1,137        

requirements.                                                      1,138        

      Sec. 126.30.  (A)  Any state agency that purchases, leases,  1,147        

or otherwise acquires any equipment, materials, goods, supplies,   1,148        

or services from any person and fails to make payment for the      1,149        

equipment, materials, goods, supplies, or services by the          1,150        

required payment date shall pay an interest charge to the person   1,151        

in accordance with division (E) of this section, unless the        1,152        

amount of the interest charge is less than ten dollars.  Except    1,153        

as otherwise provided in division (B), (C), or (D) of this         1,155        

section, the required payment date shall be the date on which      1,156        

payment is due under the terms of a written agreement between the  1,157        

                                                          28     


                                                                 
state agency and the person or, if a specific payment date is not  1,158        

established by such a written agreement, the required payment      1,159        

date shall be thirty days after the state agency receives a        1,160        

proper invoice for the amount of the payment due.                  1,161        

      (B)  If the invoice submitted to the state agency contains   1,163        

a defect or impropriety, the agency shall send written             1,164        

notification to the person within fifteen days after receipt of    1,165        

the invoice.  The notice shall contain a description of the        1,166        

defect or impropriety and any additional information necessary to  1,167        

correct the defect or impropriety.  If the agency sends such       1,168        

written notification to the person, the required payment date      1,169        

shall be thirty days after the state agency receives a proper      1,170        

invoice.                                                           1,171        

      (C)  In applying this section to claims submitted to the     1,173        

department of human JOB AND FAMILY services by providers of        1,174        

equipment, materials, goods, supplies, or services, the required   1,175        

payment date shall be the date on which payment is due under the   1,176        

terms of a written agreement between the department and the        1,177        

provider.  If a specific payment date is not established by a      1,178        

written agreement, the required payment date shall be thirty days  1,179        

after the department receives a proper claim.  If the department   1,180        

determines that the claim is improperly executed or that           1,181        

additional evidence of the validity of the claim is required, the  1,182        

department shall notify the claimant in writing or by telephone    1,183        

within fifteen days after receipt of the claim.  The notice shall  1,184        

state that the claim is improperly executed and needs correction   1,185        

or that additional information is necessary to establish the       1,186        

validity of the claim.  If the department makes such notification  1,187        

to the provider, the required payment date shall be thirty days    1,188        

after the department receives the corrected claim or such          1,189        

additional information as may be necessary to establish the        1,190        

validity of the claim.                                             1,191        

      (D)  In applying this section to invoices submitted to the   1,193        

bureau of workers' compensation for equipment, materials, goods,   1,194        

                                                          29     


                                                                 
supplies, or services provided to employees in connection with an  1,195        

employee's claim against the state insurance fund, the public      1,196        

work-relief employees' compensation fund, the coal-workers         1,197        

pneumoconiosis fund, or the marine industry fund as compensation   1,198        

for injuries or occupational disease pursuant to Chapter 4123.,    1,199        

4127., or 4131. of the Revised Code, the required payment date     1,200        

shall be the date on which payment is due under the terms of a     1,201        

written agreement between the bureau and the provider.  If a       1,202        

specific payment date is not established by a written agreement,   1,203        

the required payment date shall be thirty days after the bureau    1,204        

receives a proper invoice for the amount of the payment due or     1,205        

thirty days after the final adjudication allowing payment of an    1,206        

award to the employee, whichever is later.  Nothing in this        1,207        

section shall supersede any faster timetable for payments to       1,208        

health care providers contained in sections 4121.44 and 4123.512   1,210        

of the Revised Code.                                                            

      For purposes of this division, a "proper invoice" includes   1,212        

the claimant's name, claim number and date of injury, employer's   1,213        

name, the provider's name and address, the provider's assigned     1,214        

payee number, a description of the equipment, materials, goods,    1,215        

supplies, or services provided by the provider to the claimant,    1,216        

the date provided, and the amount of the charge.  If more than     1,217        

one item of equipment, materials, goods, supplies, or services is  1,218        

listed by a provider on a single application for payment, each     1,219        

item shall be considered separately in determining if it is a      1,220        

proper invoice.                                                    1,221        

      If prior to a final adjudication the bureau determines that  1,223        

the invoice contains a defect, the bureau shall notify the         1,224        

provider in writing at least fifteen days prior to what would be   1,225        

the required payment date if the invoice did not contain a         1,226        

defect.  The notice shall contain a description of the defect and  1,227        

any additional information necessary to correct the defect.  If    1,228        

the bureau sends a notification to the provider, the required      1,229        

payment date shall be redetermined in accordance with this         1,230        

                                                          30     


                                                                 
division after the bureau receives a proper invoice.               1,231        

      For purposes of this division, "final adjudication" means    1,233        

the later of the date of the decision or other action by the       1,234        

bureau, the industrial commission, or a court allowing payment of  1,235        

the award to the employee from which there is no further right to  1,236        

reconsideration or appeal that would require the bureau to         1,237        

withhold compensation and benefits, or the date on which the       1,238        

rights to reconsideration or appeal have expired without an        1,239        

application therefor having been filed or, if later, the date on   1,240        

which an application for reconsideration or appeal is withdrawn.   1,241        

If after final adjudication, the administrator of the bureau of    1,242        

workers' compensation or the industrial commission makes a         1,243        

modification with respect to former findings or orders, pursuant   1,244        

to Chapter 4123., 4127., or 4131. of the Revised Code or pursuant  1,245        

to court order, the adjudication process shall no longer be        1,246        

considered final for purposes of determining the required payment  1,247        

date for invoices for equipment, materials, goods, supplies, or    1,248        

services provided after the date of the modification when the      1,249        

propriety of the invoices is affected by the modification.         1,250        

      (E)  The interest charge on amounts due shall be paid to     1,252        

the person for the period beginning on the day after the required  1,253        

payment date and ending on the day that payment of the amount due  1,254        

is made.  The amount of the interest charge that remains unpaid    1,255        

at the end of any thirty-day period after the required payment     1,256        

date, including amounts under ten dollars, shall be added to the   1,257        

principal amount of the debt and thereafter the interest charge    1,258        

shall accrue on the principal amount of the debt plus the added    1,259        

interest charge.  The interest charge shall be at the rate per     1,260        

calendar month that equals one-twelfth of the rate per annum       1,261        

prescribed by section 5703.47 of the Revised Code for the          1,262        

calendar year that includes the month for which the interest       1,263        

charge accrues.                                                    1,264        

      (F)  No appropriations shall be made for the payment of any  1,266        

interest charges required by this section.  Any state agency       1,267        

                                                          31     


                                                                 
required to pay interest charges under this section shall make     1,268        

the payments from moneys available for the administration of       1,269        

agency programs.                                                   1,270        

      If a state agency pays interest charges under this section,  1,272        

but determines that all or part of the interest charges should     1,273        

have been paid by another state agency, the state agency that      1,274        

paid the interest charges may request the attorney general to      1,275        

determine the amount of the interest charges that each state       1,276        

agency should have paid under this section.  If the attorney       1,277        

general determines that the state agency that paid the interest    1,278        

charges should have paid none or only a part of the interest       1,279        

charges, the attorney general shall notify the state agency that   1,280        

paid the interest charges, any other state agency that should      1,281        

have paid all or part of the interest charges, and the director    1,282        

of budget and management of the attorney general's decision,       1,283        

stating the amount of interest charges that each state agency      1,285        

should have paid.  The director shall transfer from the            1,286        

appropriate funds of any other state agency that should have paid  1,287        

all or part of the interest charges to the appropriate funds of    1,288        

the state agency that paid the interest charges an amount          1,289        

necessary to implement the attorney general's decision.            1,290        

      (G)  Not later than forty-five days after the end of each    1,292        

fiscal year, each state agency shall file with the director of     1,293        

budget and management a detailed report concerning the interest    1,294        

charges the agency paid under this section during the previous     1,295        

fiscal year.  The report shall include the number, amounts, and    1,296        

frequency of interest charges the agency incurred during the       1,297        

previous fiscal year and the reasons why the interest charges      1,298        

were not avoided by payment prior to the required payment date.    1,299        

The director shall compile a summary of all the reports submitted  1,300        

under this division and shall submit a copy of the summary to the  1,301        

president and minority leader of the senate and to the speaker     1,302        

and minority leader of the house of representatives no later than  1,303        

the thirtieth day of September of each year.                       1,304        

                                                          32     


                                                                 
      Sec. 127.16.  (A)  Upon the request of either a state        1,313        

agency or the director of budget and management and after the      1,314        

controlling board determines that an emergency or a sufficient     1,315        

economic reason exists, the controlling board may approve the      1,317        

making of a purchase without competitive selection as provided in               

division (B) of this section.                                      1,318        

      (B)  Except as otherwise provided in this section, no state  1,320        

agency, using money that has been appropriated to it directly,     1,321        

shall:                                                             1,322        

      (1)  Make any purchase from a particular supplier, that      1,324        

would amount to fifty thousand dollars or more when combined with  1,325        

both the amount of all disbursements to the supplier during the    1,326        

fiscal year for purchases made by the agency and the amount of     1,327        

all outstanding encumbrances for purchases made by the agency      1,328        

from the supplier, unless the purchase is made by competitive      1,329        

selection or with the approval of the controlling board;           1,330        

      (2)  Lease real estate from a particular supplier, if the    1,332        

lease would amount to seventy-five thousand dollars or more when   1,333        

combined with both the amount of all disbursements to the          1,334        

supplier during the fiscal year for real estate leases made by     1,335        

the agency and the amount of all outstanding encumbrances for      1,336        

real estate leases made by the agency from the supplier, unless    1,337        

the lease is made by competitive selection or with the approval    1,338        

of the controlling board.                                          1,339        

      (C)  Any person who authorizes a purchase in violation of    1,341        

division (B) of this section shall be liable to the state for any  1,342        

state funds spent on the purchase, and the attorney general shall  1,343        

collect the amount from the person.                                1,344        

      (D)  Nothing in division (B) of this section shall be        1,346        

construed as:                                                      1,347        

      (1)  A limitation upon the authority of the director of      1,349        

transportation as granted in sections 5501.17, 5517.02, and        1,350        

5525.14 of the Revised Code;                                       1,351        

      (2)  Applying to medicaid provider agreements under Chapter  1,353        

                                                          33     


                                                                 
5111. of the Revised Code or payments or provider agreements       1,356        

under disability assistance medical assistance established under   1,357        

Chapter 5115. of the Revised Code;                                              

      (3)  Applying to the purchase of examinations from a sole    1,359        

supplier by a state licensing board under Title XLVII of the       1,360        

Revised Code;                                                      1,361        

      (4)  Applying to entertainment contracts for the Ohio state  1,363        

fair entered into by the Ohio expositions commission, provided     1,364        

that the controlling board has given its approval to the           1,365        

commission to enter into such contracts and has approved a total   1,366        

budget amount for such contracts as agreed upon by commission      1,367        

action, and that the commission causes to be kept itemized         1,368        

records of the amounts of money spent under each contract and      1,369        

annually files those records with the clerk of the house of        1,371        

representatives and the clerk of the senate following the close    1,372        

of the fair;                                                                    

      (5)  Limiting the authority of the chief of the division of  1,374        

mines and reclamation to contract for reclamation work with an     1,375        

operator mining adjacent land as provided in section 1513.27 of    1,376        

the Revised Code;                                                  1,377        

      (6)  Applying to investment transactions and procedures of   1,379        

any state agency, except that the agency shall file with the       1,380        

board the name of any person with whom the agency contracts to     1,381        

make, broker, service, or otherwise manage its investments, as     1,382        

well as the commission, rate, or schedule of charges of such       1,383        

person with respect to any investment transactions to be           1,384        

undertaken on behalf of the agency.  The filing shall be in a      1,385        

form and at such times as the board considers appropriate.         1,386        

      (7)  Applying to purchases made with money for the per cent  1,388        

for arts program established by section 3379.10 of the Revised     1,389        

Code;                                                              1,390        

      (8)  Applying to purchases made by the rehabilitation        1,392        

services commission of services, or supplies, that are provided    1,393        

to persons with disabilities, or to purchases made by the          1,394        

                                                          34     


                                                                 
commission in connection with the eligibility determinations it    1,395        

makes for applicants of programs administered by the social        1,396        

security administration;                                           1,397        

      (9)  Applying to payments by the department of human JOB     1,399        

AND FAMILY services under section 5111.13 of the Revised Code for  1,401        

group health plan premiums, deductibles, coinsurance, and other    1,402        

cost-sharing expenses;                                             1,403        

      (10)  Applying to any agency of the legislative branch of    1,405        

the state government;                                              1,406        

      (11)  Applying to agreements OR CONTRACTS entered into       1,408        

under section 5101.11, 5101.21, or 5101.211 of the Revised Code;   1,409        

      (12)  Applying to purchases of services by the adult parole  1,411        

authority under section 2967.14 of the Revised Code or by the      1,412        

department of youth services under section 5139.08 of the Revised  1,413        

Code;                                                              1,414        

      (13)  Applying to dues or fees paid for membership in an     1,416        

organization or association;                                       1,417        

      (14)  Applying to purchases of utility services pursuant to  1,419        

section 9.30 of the Revised Code;                                  1,420        

      (15)  Applying to purchases made in accordance with rules    1,422        

adopted by the department of administrative services of motor      1,423        

vehicle, aviation, or watercraft fuel, or emergency repairs of     1,424        

such vehicles;                                                     1,425        

      (16)  Applying to purchases of tickets for passenger air     1,427        

transportation;                                                    1,428        

      (17)  Applying to purchases necessary to provide public      1,430        

notifications required by law or to provide notifications of job   1,431        

openings;                                                          1,432        

      (18)  Applying to the judicial branch of state government;   1,434        

      (19)  Applying to purchases of liquor for resale by the      1,436        

department or, on and after July 1, 1997, the division of liquor   1,437        

control;                                                                        

      (20)  Applying to purchases of motor courier and freight     1,439        

services made in accordance with department of administrative      1,440        

                                                          35     


                                                                 
services rules;                                                    1,441        

      (21)  Applying to purchases from the United States postal    1,443        

service and purchases of stamps and postal meter replenishment     1,444        

from vendors at rates established by the United States postal      1,445        

service;                                                           1,446        

      (22)  Applying to purchases of books, periodicals,           1,448        

pamphlets, newspapers, maintenance subscriptions, and other        1,449        

published materials;                                               1,450        

      (23)  Applying to purchases from other state agencies,       1,452        

including state-assisted institutions of higher education;         1,453        

      (24)  Limiting the authority of the director of              1,455        

environmental protection to enter into contracts under division    1,456        

(D) of section 3745.14 of the Revised Code to conduct compliance   1,457        

reviews, as defined in division (A) of that section;               1,458        

      (25)  Applying to purchases from a qualified nonprofit       1,460        

agency pursuant to sections 4115.31 to 4115.35 of the Revised      1,461        

Code;                                                              1,462        

      (26)  Applying to payments by the department of human JOB    1,464        

AND FAMILY services to the United States department of health and  1,466        

human services for printing and mailing notices pertaining to the  1,467        

tax refund offset program of the internal revenue service of the   1,468        

United States department of the treasury;                          1,469        

      (27)  Applying to contracts entered into by the department   1,471        

of mental retardation and developmental disabilities under         1,472        

sections 5123.18, 5123.182, and 5111.252 of the Revised Code;      1,473        

      (28)  Applying to payments made by the department of mental  1,475        

health under a physician recruitment program authorized by         1,476        

section 5119.101 of the Revised Code;                              1,477        

      (29)  Applying to contracts entered into with persons by     1,479        

the director of commerce for unclaimed funds collection and        1,480        

remittance efforts as provided in division (F) of section 169.03   1,482        

of the Revised Code.  The director shall keep an itemized          1,485        

accounting of unclaimed funds collected by those persons and       1,486        

amounts paid to them for their services.                                        

                                                          36     


                                                                 
      (30)  Applying to purchases made by a state institution of   1,488        

higher education in accordance with the terms of a contract        1,490        

between the vendor and an inter-university purchasing group        1,491        

comprised of purchasing officers of state institutions of higher   1,492        

education;                                                                      

      (31)  Applying to the department of human JOB AND FAMILY     1,494        

services' purchases of health assistance services under the        1,496        

children's health insurance program part I provided for under      1,497        

section 5101.50 of the Revised Code or the children's health       1,498        

insurance program part II provided for under section 5101.51 of    1,500        

the Revised Code.                                                               

      (E)  Notwithstanding division (B)(1) of this section, the    1,502        

cumulative purchase threshold shall be seventy-five thousand       1,503        

dollars for the departments of mental retardation and              1,504        

developmental disabilities, mental health, rehabilitation and      1,505        

correction, and youth services.                                    1,506        

      (F)  When determining whether a state agency has reached     1,508        

the cumulative purchase thresholds established in divisions        1,509        

(B)(1), (B)(2), and (E) of this section, all of the following      1,510        

purchases by such agency shall not be considered:                  1,511        

      (1)  Purchases made through competitive selection or with    1,513        

controlling board approval;                                        1,514        

      (2)  Purchases listed in division (D) of this section;       1,516        

      (3)  For the purposes of the thresholds of divisions (B)(1)  1,518        

and (E) of this section only, leases of real estate.               1,519        

      (G)  As used in this section, "competitive selection,"       1,522        

"purchase," "supplies," and "services" have the same meanings as                

in section 125.01 of the Revised Code.                             1,523        

      Sec. 149.01.  Each elective state officer, the adjutant      1,532        

general, the adult parole authority, the department of             1,533        

agriculture, the director of administrative services, the public   1,534        

utilities commission, the superintendent of insurance, the         1,535        

superintendent of financial institutions, the superintendent of    1,537        

purchases and printing, the state commissioner of soldiers'        1,539        

                                                          37     


                                                                 
claims, the fire marshal, the industrial commission, the           1,540        

administrator of workers' compensation, the state department of    1,541        

transportation, the department of health, the state medical        1,542        

board, the state dental board, the board of embalmers and funeral  1,543        

directors, the department of human services, the Ohio commission   1,544        

for the blind, the accountancy board of Ohio, the state council    1,545        

of uniform state laws, the board of commissioners of the sinking   1,547        

fund, the department of taxation, the board of tax appeals, the    1,548        

clerk of the supreme court, the division of liquor control, the    1,549        

director of state armories, the trustees of the Ohio state         1,550        

university, and every private or quasi-public institution,         1,551        

association, board, or corporation receiving state money for its   1,552        

use and purpose shall make annually, at the end of each fiscal     1,553        

year, in quadruplicate, a report of the transactions and           1,554        

proceedings of that office or department for that fiscal year,     1,555        

excepting receipts and disbursements unless otherwise              1,556        

specifically required by law.  The report shall contain a summary  1,558        

of the official acts of the officer, board, council, commission,   1,559        

institution, association, or corporation and any suggestions and   1,561        

recommendations that are proper.  On the first day of August of    1,563        

each year, one of the reports shall be filed with the governor,    1,565        

one with the secretary of state, and one with the state library,   1,566        

and one shall be kept on file in the office of the officer,        1,567        

board, council, commission, institution, association, or           1,569        

corporation.                                                                    

      Sec. 153.06.  After the proceedings required by sections     1,578        

153.01 and 153.04 of the Revised Code have been complied with,     1,579        

the owner referred to in section 153.01 of the Revised Code shall  1,580        

give public notice of the time and place when and where bids will  1,583        

be received for performing the labor and furnishing the materials  1,584        

of such construction, improvement, alteration, addition, or        1,585        

installation, and a contract awarded, except for materials         1,586        

manufactured by the state or labor supplied by the A COUNTY        1,587        

department of human JOB AND FAMILY services that may enter into    1,588        

                                                          38     


                                                                 
the same.  The form of bid approved by the department of           1,589        

administrative services shall be used, and a bid shall be invalid  1,590        

and not considered unless such form is used without change,        1,591        

alteration, or addition.  Bidders may be permitted to bid upon     1,592        

all the branches of work and materials to be furnished and         1,593        

supplied, or upon any thereof, or alternately upon all or any      1,594        

thereof.                                                                        

      Sec. 307.86.  Anything to be purchased, leased, leased with  1,605        

an option or agreement to purchase, or constructed, including,     1,606        

but not limited to, any product, structure, construction,          1,607        

reconstruction, improvement, maintenance, repair, or service,      1,608        

except the services of an accountant, architect, attorney at law,  1,609        

physician, professional engineer, construction project manager,    1,610        

consultant, surveyor, or appraiser, by or on behalf of the county  1,611        

or contracting authority, as defined in section 307.92 of the      1,612        

Revised Code, at a cost in excess of fifteen thousand dollars,     1,613        

except as otherwise provided in division (D) of section 713.23     1,614        

and in sections 125.04, 307.022, 307.041, 307.861, 339.05,         1,615        

340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,    1,616        

5713.01, and 6137.05 of the Revised Code, shall be obtained        1,617        

through competitive bidding.  However, competitive bidding is not  1,618        

required when any of the following applies:                        1,619        

      (A)  The board of county commissioners, by a unanimous vote  1,621        

of its members, makes a determination that a real and present      1,622        

emergency exists, and that determination and the reasons for it    1,624        

are entered in the minutes of the proceedings of the board, when   1,625        

either of the following applies:                                   1,626        

      (1)  The estimated cost is less than fifty thousand          1,628        

dollars.                                                           1,629        

      (2)  There is actual physical disaster to structures, radio  1,631        

communications equipment, or computers.                            1,632        

      For purposes of this division, "unanimous vote" means all    1,634        

three members of a board of county commissioners when all three    1,635        

members are present, or two members of the board if only two       1,636        

                                                          39     


                                                                 
members, constituting a quorum, are present.                                    

      Whenever a contract of purchase, lease, or construction is   1,638        

exempted from competitive bidding under division (A)(1) of this    1,639        

section because the estimated cost is less than fifty thousand     1,640        

dollars, but the estimated cost is fifteen thousand dollars or     1,641        

more, the county or contracting authority shall solicit informal   1,642        

estimates from no fewer than three persons who could perform the   1,643        

contract, before awarding the contract.  With regard to each such  1,644        

contract, the county or contracting authority shall maintain a     1,645        

record of such estimates, including the name of each person from   1,646        

whom an estimate is solicited,.  THE COUNTY OR CONTRACTING         1,647        

AUTHORITY SHALL MAINTAIN THE RECORD for no less than THE LONGER    1,648        

OF AT LEAST one year after the contract is awarded OR THE AMOUNT   1,650        

OF TIME THE FEDERAL GOVERNMENT REQUIRES.                           1,651        

      (B)  The purchase consists of supplies or a replacement or   1,653        

supplemental part or parts for a product or equipment owned or     1,654        

leased by the county, and the only source of supply for the        1,655        

supplies, part, or parts is limited to a single supplier.          1,656        

      (C)  The purchase is from the federal government, the        1,658        

state, another county or contracting authority of another county,  1,659        

or a board of education, township, or municipal corporation.       1,660        

      (D)  Public social FAMILY services OR WORKFORCE DEVELOPMENT  1,662        

ACTIVITIES are purchased for provision by the county department    1,664        

of human JOB AND FAMILY services under section 329.04 of the       1,666        

Revised Code, or program services, such as direct and ancillary    1,667        

client services, child day-care, case management services,         1,668        

residential services, and family resource services, are purchased  1,669        

for provision by a county board of mental retardation and          1,670        

developmental disabilities under section 5126.05 of the Revised    1,671        

Code.                                                                           

      (E)  The purchase consists of human and social FAMILY        1,673        

services OR WORKFORCE DEVELOPMENT ACTIVITIES by the board of       1,675        

county commissioners from nonprofit corporations or associations   1,676        

under programs that ARE funded entirely by the federal             1,677        

                                                          40     


                                                                 
government.                                                                     

      (F)  The purchase consists of any form of an insurance       1,679        

policy or contract authorized to be issued under Title XXXIX of    1,680        

the Revised Code or any form of health care plan authorized to be  1,682        

issued under Chapter 1751. of the Revised Code, or any                          

combination of such policies, contracts, or plans that the         1,684        

contracting authority is authorized to purchase, and the           1,685        

contracting authority does all of the following:                   1,686        

      (1)  Determines that compliance with the requirements of     1,688        

this section would increase, rather than decrease, the cost of     1,689        

such purchase;                                                     1,690        

      (2)  Employs a competent consultant to assist the            1,692        

contracting authority in procuring appropriate coverages at the    1,693        

best and lowest prices;                                            1,694        

      (3)  Requests issuers of such policies, contracts, or plans  1,696        

to submit proposals to the contracting authority, in a form        1,697        

prescribed by the contracting authority, setting forth the         1,698        

coverage and cost of such policies, contracts, or plans as the     1,699        

contracting authority desires to purchase;                         1,700        

      (4)  Negotiates with such issuers for the purpose of         1,702        

purchasing such policies, contracts, or plans at the best and      1,703        

lowest price reasonably possible.                                  1,704        

      (G)  The purchase consists of computer hardware, software,   1,706        

or consulting services that are necessary to implement a           1,707        

computerized case management automation project administered by    1,708        

the Ohio prosecuting attorneys association and funded by a grant   1,709        

from the federal government.                                       1,710        

      (H)  Child day-care services are purchased for provision to  1,712        

county employees.                                                  1,713        

      (I)(1)  Property, including land, buildings, and other real  1,715        

property, is leased for offices, storage, parking, or other        1,716        

purposes, and all of the following apply:                          1,717        

      (a)  The contracting authority is authorized by the Revised  1,719        

Code to lease the property.                                        1,720        

                                                          41     


                                                                 
      (b)  The contracting authority develops requests for         1,722        

proposals for leasing the property, specifying the criteria that   1,723        

will be considered prior to leasing the property, including the    1,724        

desired size and geographic location of the property.              1,725        

      (c)  The contracting authority receives responses from       1,727        

prospective lessors with property meeting the criteria specified   1,728        

in the requests for proposals by giving notice in a manner         1,729        

substantially similar to the procedures established for giving     1,730        

notice under section 307.87 of the Revised Code.                   1,731        

      (d)  The contracting authority negotiates with the           1,733        

prospective lessors to obtain a lease at the best and lowest       1,734        

price reasonably possible considering the fair market value of     1,735        

the property and any relocation and operational costs that may be  1,736        

incurred during the period the lease is in effect.                 1,737        

      (2)  The contracting authority may use the services of a     1,739        

real estate appraiser to obtain advice, consultations, or other    1,740        

recommendations regarding the lease of property under this         1,741        

division.                                                          1,742        

      (J)  The purchase is made pursuant to section 5139.34 or     1,744        

sections 5139.41 to 5139.46 of the Revised Code and is of          1,745        

programs or services that provide case management, treatment, or   1,747        

prevention services to any felony or misdemeanant delinquent,      1,748        

unruly youth, or status offender under the supervision of the                   

juvenile court, including, but not limited to, community           1,749        

residential care, day treatment, services to children in their     1,750        

home, or electronic monitoring.                                    1,751        

      (K)  The purchase is made by a public children services      1,753        

agency pursuant to section 307.92 or 5153.16 of the Revised Code   1,754        

and consists of social FAMILY services, programs, or ancillary     1,756        

services that provide case management, prevention, or treatment    1,757        

services for children at risk of being or alleged to be abused,                 

neglected, or dependent children.                                  1,758        

      Any issuer of policies, contracts, or plans listed in        1,760        

division (F) of this section and any prospective lessor under      1,761        

                                                          42     


                                                                 
division (I) of this section may have the issuer's or prospective  1,762        

lessor's contractor's name and address, or the name and address    1,763        

of an agent, placed on a special notification list to be kept by   1,765        

the contracting authority, by sending the contracting authority    1,766        

such name and address.  The contracting authority shall send       1,767        

notice to all persons listed on the special notification list.     1,768        

Notices shall state the deadline and place for submitting          1,769        

proposals.  The contracting authority shall mail the notices at    1,770        

least six weeks prior to the deadline set by the contracting       1,771        

authority for submitting proposals.  Every five years the          1,772        

contracting authority may review this list and remove any person   1,773        

from the list after mailing the person notification of such        1,774        

action.                                                                         

      Any contracting authority that negotiates a contract under   1,776        

division (F) of this section shall request proposals and           1,777        

renegotiate with issuers in accordance with that division at       1,778        

least every three years from the date of the signing of such a     1,779        

contract.                                                          1,780        

      Any consultant employed pursuant to division (F) of this     1,782        

section and any real estate appraiser employed pursuant to         1,783        

division (I) of this section shall disclose any fees or            1,784        

compensation received from any source in connection with that      1,785        

employment.                                                                     

      Sec. 307.981.  (A)(1)  As used in sections 307.981 to        1,795        

307.987 of the Revised Code:                                       1,796        

      (1)(a)  "County social service FAMILY SERVICES agency"       1,799        

means all of the following:                                        1,800        

      (a)(i)  A child support enforcement agency;                  1,802        

      (b)(ii)  A county department of human JOB AND FAMILY         1,805        

services;                                                                       

      (c)(iii)  A public children services agency.                 1,807        

      (2)  "Private entity" means any entity other than a          1,809        

government entity.                                                 1,810        

      (3)(b)  "Social service FAMILY SERVICES duty" means a duty   1,813        

                                                          43     


                                                                 
state law requires or allows a county social service FAMILY        1,814        

SERVICES agency to assume.                                         1,815        

      (2)  AS USED IN SECTIONS 307.981 TO 307.989 OF THE REVISED   1,817        

CODE, "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT     1,818        

ENTITY.                                                                         

      (B)  To the extent permitted by federal law, INCLUDING       1,820        

SUBPART F OF 5 C.F.R. PART 900, and except as provided in SUBJECT  1,823        

TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE, INCLUDING      1,824        

division (C)(H) of this section, a board of county commissioners   1,826        

may designate any private or government entity WITHIN THIS STATE   1,827        

to serve as a ANY OF THE FOLLOWING:                                             

      (1)  A child support enforcement agency,;                    1,829        

      (2)  A county department of human JOB AND FAMILY services,;  1,832        

      (3)  A public children services agency, two;                 1,835        

      (4)  A COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AND ONE  1,837        

OTHER of those county social service FAMILY SERVICES agencies, or  1,839        

all;                                                                            

      (5)  ALL three of those county social service FAMILY         1,842        

SERVICES agencies;                                                              

      (6)  A WORKFORCE DEVELOPMENT AGENCY;                         1,844        

      (7)  A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT  1,846        

OF JOB AND FAMILY SERVICES;                                        1,847        

      (8)  A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT  1,848        

OF JOB AND FAMILY SERVICES AND ONE OR TWO OF THE OTHER COUNTY      1,849        

FAMILY SERVICES AGENCIES.  A                                       1,850        

      (C)  A board OF COUNTY COMMISSIONERS may change its THE      1,853        

designation IT MAKES UNDER DIVISION (B) OF THIS SECTION by         1,854        

designating another private or government entity.  Not             1,856        

      (D)  IF THE DIRECTOR OF JOB AND FAMILY SERVICES DETERMINES   1,858        

THAT A DESIGNATION UNDER DIVISION (B) OR (C) OF THIS SECTION       1,859        

CONSTITUTES A SUBSTANTIAL CHANGE FROM WHAT IS IN THE CURRENT       1,861        

PARTNERSHIP AGREEMENT BETWEEN THE DIRECTOR AND BOARD OF COUNTY     1,862        

COMMISSIONERS UNDER SECTION 5101.21 OF THE REVISED CODE, THE       1,863        

DIRECTOR MAY REQUIRE THAT THE DIRECTOR AND BOARD AMEND THE         1,864        

                                                          44     


                                                                 
PARTNERSHIP AGREEMENT AND THAT THE BOARD PROVIDE THE DIRECTOR      1,865        

ASSURANCES THAT THE NEWLY DESIGNATED PRIVATE OR GOVERNMENT ENTITY  1,866        

WILL MEET OR EXCEED ALL REQUIREMENTS OF THE FAMILY SERVICES        1,867        

DUTIES OR WORKFORCE DEVELOPMENT ACTIVITIES THE ENTITY IS TO        1,868        

ASSUME.                                                                         

      (E)  NOT less than sixty days before a board OF COUNTY       1,871        

COMMISSIONERS designates an entity under DIVISION (B) OR (C) OF    1,873        

this section, the board shall notify the state department          1,874        

DIRECTOR of human JOB AND FAMILY services and publish notice in a  1,875        

newspaper of general circulation in the county of the board's      1,877        

intention to make the designation and reasons for the              1,878        

designation.                                                                    

      (F)  A board of county commissioners shall enter into a      1,880        

written contract with each entity it designates under DIVISION     1,881        

(B) OR (C) OF this section specifying the entity's                 1,883        

responsibilities and standards the entity is required to meet.     1,884        

      (G)  This section does not require a board of county         1,886        

commissioners to abolish the child support enforcement agency,     1,887        

county department of human JOB AND FAMILY services, or public      1,888        

children services agency serving the county on the effective date  1,890        

of this section OCTOBER 1, 1997, and designate a different         1,891        

private or government entity to serve as the county's child        1,893        

support enforcement agency, county department of human JOB AND     1,894        

FAMILY services, or public children services agency.               1,896        

      (C)(H)  If a county children services board appointed under  1,899        

section 5153.03 of the Revised Code serves as a public children    1,902        

services agency for a county, the board of county commissioners    1,903        

may not redesignate the public children services agency unless     1,904        

the board of county commissioners does all of the following:       1,905        

      (1)  Notifies the county children services board of its      1,907        

intent to redesignate the public children services agency.  In     1,908        

its notification, the board of county commissioners shall provide  1,909        

the county children services board a written explanation of the    1,910        

administrative, fiscal, or performance considerations causing the  1,911        

                                                          45     


                                                                 
board of county commissioners to seek to redesignate the public    1,912        

children services agency.                                                       

      (2)  Provides the county children services board an          1,914        

opportunity to comment on the proposed redesignation before the    1,915        

redesignation occurs;                                              1,916        

      (3)  If the county children services board, not more than    1,918        

sixty days after receiving the notice under division (C)(H)(1) of  1,920        

this section, notifies the board of county commissioners that the  1,921        

county children services board has voted to oppose the             1,922        

redesignation, votes unanimously to proceed with the               1,923        

redesignation.                                                                  

      Sec. 307.982.  (A)  To the extent permitted by federal law,  1,932        

INCLUDING SUBPART F OF 5 C.F.R. PART 900, and except as provided   1,935        

in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE REVISED CODE,     1,936        

INCLUDING division (B) of this section, a board of county          1,938        

commissioners may enter into a written contract with a private or  1,939        

government entity, including a public or private college or                     

university whether or not the college or university is located     1,940        

within the county, for the entity to perform a social service      1,942        

FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT ACTIVITY on behalf   1,943        

of a county social service FAMILY SERVICES agency OR WORKFORCE     1,945        

DEVELOPMENT AGENCY.  THE ENTITY WITH WHICH A BOARD CONTRACTS IS    1,946        

NOT REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.                      

      (B)  A board of county commissioners may not enter into a    1,949        

contract under division (A) of this section regarding a social     1,951        

service FAMILY SERVICES duty of a public children services agency  1,952        

if a county children services board appointed under section        1,953        

5153.03 of the Revised Code serves as the public children          1,956        

services agency for the county.  The county children services      1,957        

board may enter into contracts regarding its duties in accordance  1,958        

with division (C)(2) of section 5153.16 of the Revised Code.       1,959        

      Sec. 307.983.   Each board of county commissioners shall     1,969        

enter into a written plan of cooperation with the county social    1,970        

service FAMILY SERVICES agencies AND WORKFORCE DEVELOPMENT AGENCY  1,971        

                                                          46     


                                                                 
serving the county to enhance the administration of the Ohio       1,973        

works first program established under Chapter 5107. of the         1,974        

Revised Code; the prevention, retention, and contingency program   1,976        

established under Chapter 5108. of the Revised Code; and other     1,977        

social service FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT    1,979        

ACTIVITIES the board and agencies agree to include in the plan.    1,980        

Other government entities may be included in a plan of             1,981        

cooperation.  The plan shall specify how the county social         1,982        

service FAMILY SERVICES agencies, WORKFORCE DEVELOPMENT AGENCY,    1,983        

and other government entities included in the plan are to          1,985        

exchange information and coordinate and enhance services and       1,986        

assistance to individuals and families.                                         

      Sec. 307.984.  (A)  TO ENHANCE THE ADMINISTRATION,           1,988        

DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES DUTIES AND          1,989        

WORKFORCE DEVELOPMENT ACTIVITIES, A BOARD OF COUNTY COMMISSIONERS               

MAY ENTER INTO ONE OR MORE REGIONAL PLANS OF COOPERATION WITH THE  1,990        

FOLLOWING:                                                                      

      (1)  ONE OR MORE OTHER BOARDS OF COUNTY COMMISSIONERS;       1,992        

      (2)  THE CHIEF ELECTED OFFICIAL OF ONE OR MORE MUNICIPAL     1,994        

CORPORATIONS THAT ARE THE TYPE OF LOCAL AREA DEFINED IN DIVISION   1,995        

(A)(1) OF SECTION 6301.01 OF THE REVISED CODE;                     1,997        

      (3)  BOTH BOARDS OF COUNTY COMMISSIONERS AND SUCH CHIEF      1,999        

ELECTED OFFICIALS.                                                 2,000        

      (B)  A REGIONAL PLAN OF COOPERATION MUST SPECIFY HOW THE     2,002        

PRIVATE AND GOVERNMENT ENTITIES INCLUDED IN THE PLAN WILL          2,003        

COORDINATE AND ENHANCE THE ADMINISTRATION, DELIVERY, AND           2,004        

EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT  2,005        

ACTIVITIES.                                                                     

      Sec. 307.984 307.985.  Each board of county commissioners    2,015        

shall develop a written transportation work plan that establishes  2,016        

policies regarding the transportation needs of low income          2,017        

residents of the county seeking or striving to retain employment.  2,018        

In developing the transportation work plan, the board shall        2,020        

consult with all of the following:                                              

                                                          47     


                                                                 
      (A)  The county department of human JOB AND FAMILY           2,022        

services;                                                          2,023        

      (B)  If a regional transit authority created under section   2,026        

306.32 of the Revised Code serves the county, the regional         2,027        

transit authority;                                                 2,028        

      (C)  If a community action agency, as defined in section     2,031        

122.66 of the Revised Code, serves the county, the community       2,032        

action agency;                                                     2,033        

      (D)  As designated by the board of county commissioners,     2,036        

representatives of private non-profit and government entities      2,037        

that work with issues related to economic development,                          

employment, and persons with physical disabilities;                2,038        

      (E)  Other individuals designated by the board of county     2,041        

commissioners.                                                                  

      Sec. 307.985 307.986.  Each board of county commissioners    2,050        

shall establish procedures for providing services to children in   2,052        

the county whose families relocate frequently, causing the         2,053        

children to transfer to different schools throughout the year.     2,054        

The board shall establish the procedures with the county           2,055        

department of human JOB AND FAMILY services and either each board  2,056        

of education of school districts with territory in the county or   2,058        

the education service center or joint educational service center   2,059        

serving the county.                                                2,060        

      Sec. 307.986 307.987.  To the extent federal statutes and    2,070        

regulations and state law permit, a partnership agreement entered  2,072        

into under section 307.98, a contract entered into under section   2,074        

307.981 or 307.982, a plan of cooperation entered into under       2,075        

section 307.983, A REGIONAL PLAN OF COOPERATION ENTERED INTO       2,076        

UNDER SECTION 307.984, a transportation work plan developed under  2,078        

section 307.984 307.985, and procedures established under section  2,080        

307.985 307.986 of the Revised Code shall permit the exchange of   2,081        

information needed to improve services and assistance to                        

individuals and families and the protection of children.  A        2,082        

private or government entity that receives information pursuant    2,083        

                                                          48     


                                                                 
to an agreement, contract, plan, or procedures is bound by the     2,084        

same standards of confidentiality as the entity that provides the  2,086        

information.                                                                    

      An agreement, contract, plan, or procedures shall:           2,089        

      (A)  Be coordinated and not conflict with another            2,091        

agreement, contract, plan, or procedures or an agreement entered   2,092        

into under section 329.05 of the Revised Code;                     2,094        

      (B)  Prohibit discrimination in hiring and promotion         2,096        

against applicants for and participants of the Ohio works first    2,098        

program established under Chapter 5107. of the Revised Code and    2,100        

the prevention, retention, and contingency program established     2,102        

under Chapter 5108. of the Revised Code;                                        

      (C)  Comply with federal statutes and regulations and state  2,105        

law;                                                                            

      (D)  Be adopted by resolution of a board of county           2,107        

commissioners;                                                     2,108        

      (E)  Specify how the agreement, contract, plan, or           2,110        

procedures may be amended.                                         2,111        

      Sec. 307.987 307.988.  If a board of county commissioners    2,120        

contracts with a religious organization under section 307.981 or   2,122        

307.982 of the Revised Code, the religious organization shall      2,124        

comply with section 104 of the Personal Responsibility and Work    2,125        

Opportunity and Reconciliation Act of 1996 (P.L. 104-193).         2,126        

      Sec. 329.011.  Whenever the county department of welfare     2,136        

or, COUNTY DEPARTMENT OF HUMAN SERVICES, county director of        2,137        

welfare, OR COUNTY DIRECTOR OF HUMAN SERVICES is referred to or    2,138        

designated in THE REVISED CODE OR any rule, contract, or other     2,139        

document, the reference or designation shall be deemed to refer    2,140        

to the county department of human JOB AND FAMILY services or       2,141        

county director of human JOB AND FAMILY services, as the case may  2,143        

be.                                                                             

      Sec. 329.04.  (A)  The county department of human JOB AND    2,152        

FAMILY services shall have, exercise, and perform the following    2,154        

powers and duties:                                                              

                                                          49     


                                                                 
      (1)  Perform any duties assigned by the STATE department of  2,157        

human JOB AND FAMILY services regarding the provision of public    2,158        

social FAMILY services, including the provision of the following   2,159        

services to prevent or reduce economic or personal dependency and  2,161        

to strengthen family life:                                                      

      (a)  Services authorized by Title IV-A of the "Social        2,163        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   2,165        

and known in this state as the Ohio works first program            2,166        

established by Chapter 5107. of the Revised Code and the           2,167        

prevention, retention, and contingency program established under   2,168        

Chapter 5108. of the Revised Code;                                              

      (b)  Social services authorized by Title XX of the "Social   2,171        

Security Act" and provided for by section 5101.46 of the Revised                

Code;                                                                           

      (c)  If the county department is designated as the child     2,173        

support enforcement agency, services authorized by Title IV-D of   2,174        

the "Social Security Act" and provided for by sections 2301.34 to  2,176        

2301.44 of the Revised Code.  The county department may perform    2,178        

the services itself or contract with other government entities,    2,179        

and, pursuant to division (C) of section 2301.35 and section       2,180        

2301.42 of the Revised Code, private entities, to perform the      2,181        

Title IV-D services.                                                            

      (2)  Administer disability assistance under Chapter 5115.    2,183        

of the Revised Code as required by the state department of human   2,184        

JOB AND FAMILY services;                                           2,185        

      (3)  Administer burials insofar as the administration of     2,187        

burials was, prior to September 12, 1947, imposed upon the board   2,188        

of county commissioners and if otherwise required by state law;    2,189        

      (4)  Cooperate with state and federal authorities in any     2,191        

matter relating to human FAMILY services and to act as the agent   2,192        

of such authorities;                                               2,193        

      (5)  Submit an annual account of its work and expenses to    2,196        

the board of county commissioners and to the STATE department of   2,197        

human JOB AND FAMILY services at the close of each fiscal year;    2,198        

                                                          50     


                                                                 
      (6)  Exercise any powers and duties relating to human        2,201        

FAMILY services OR WORKFORCE DEVELOPMENT ACTIVITIES imposed upon   2,202        

the county department of human JOB AND FAMILY services by law, by  2,204        

resolution of the board of county commissioners, or by order of    2,205        

the governor, when authorized by law, to meet emergencies during   2,206        

war or peace;                                                                   

      (7)  Determine the eligibility for medical assistance of     2,208        

recipients of aid under Title XVI of the "Social Security Act";    2,209        

      (8)  If assigned by the STATE director of human JOB AND      2,211        

FAMILY services under section 5101.515 of the Revised Code,        2,213        

determine applicants' eligibility for health assistance under the  2,214        

children's health insurance program part II;                       2,215        

      (9)  Enter into a plan of cooperation with the board of      2,217        

county commissioners under section 307.983, consult with the       2,219        

board in the development of the transportation work plan                        

developed under section 307.984 307.985, establish with the board  2,220        

procedures under section 307.985 307.986 for providing services    2,222        

to children whose families relocate frequently, and comply with    2,223        

the partnership agreement the board enters into under section                   

307.98 and contracts the board enters into under sections 307.981  2,225        

and 307.982 of the Revised Code that affect the county             2,226        

department;                                                                     

      (10)  FOR THE PURPOSE OF COMPLYING WITH A PARTNERSHIP        2,228        

AGREEMENT THE BOARD OF COUNTY COMMISSIONERS ENTERS INTO UNDER      2,229        

SECTION 307.98 OF THE REVISED CODE, EXERCISE THE POWERS AND        2,230        

PERFORM THE DUTIES THE PARTNERSHIP AGREEMENT ASSIGNS TO THE                     

COUNTY DEPARTMENT;                                                 2,231        

      (11)  IF THE COUNTY DEPARTMENT IS DESIGNATED AS THE          2,233        

WORKFORCE DEVELOPMENT AGENCY, PROVIDE THE WORKFORCE DEVELOPMENT    2,234        

ACTIVITIES SPECIFIED IN THE CONTRACT REQUIRED BY SECTION 330.05    2,235        

OF THE REVISED CODE.                                                            

      (B)  The powers and duties of a county department of human   2,237        

JOB AND FAMILY services are, and shall be exercised and            2,239        

performed, under the control and direction of the board of county  2,240        

                                                          51     


                                                                 
commissioners.  The board may assign to the county department any               

power or duty of the board regarding human FAMILY services AND     2,242        

WORKFORCE DEVELOPMENT ACTIVITIES.  If the new power or duty                     

necessitates the state department of human JOB AND FAMILY          2,243        

services changing its federal cost allocation plan, the county     2,245        

department may not implement the power or duty unless the United   2,246        

States department of health and human services approves the                     

changes.                                                           2,247        

      Sec. 329.05.  The county department of human JOB AND FAMILY  2,256        

services may administer or assist in administering any state or    2,258        

local human FAMILY services activity in addition to those          2,261        

mentioned in section 329.04 of the Revised Code, supported wholly  2,262        

or in part by public funds from any source provided by agreement   2,263        

between the board of county commissioners and the officer,         2,264        

department, board, or agency in which the administration of such   2,265        

activity is vested.  Such officer, department, board, or agency    2,266        

may enter into such agreement and confer upon the county           2,267        

department of human JOB AND FAMILY services, to the extent and in  2,269        

particulars specified in the agreement, the performance of any     2,270        

duties and the exercise of any powers imposed upon or vested in    2,271        

such officer, board, department, or agency, with respect to the    2,272        

administration of such activity. Such agreement shall be in the    2,273        

form of a resolution of the board of county commissioners,         2,274        

accepted in writing by the other party to the agreement, and       2,275        

filed in the office of the county auditor, and when so filed,      2,276        

shall have the effect of transferring the exercise of the powers   2,277        

and duties to which the agreement relates and shall exempt the     2,278        

other party from all further responsibility for the exercise of    2,279        

the powers and duties so transferred, during the life of the       2,280        

agreement.                                                                      

      Such agreement shall be coordinated and not conflict with a  2,282        

partnership agreement entered into under section 307.98, a         2,283        

contract entered into under section 307.981 or 307.982, A plan of  2,284        

cooperation entered into under section 307.983, A REGIONAL PLAN    2,286        

                                                          52     


                                                                 
OF COOPERATION ENTERED INTO UNDER SECTION 307.984, a               2,287        

transportation work plan developed under section 307.984 307.985,  2,289        

or procedures for providing services to children whose families    2,291        

relocate frequently established under section 307.985 307.986 of   2,292        

the Revised Code.  It may be revoked at the option of either       2,293        

party, by a resolution or order of the revoking party filed in     2,294        

the office of the auditor.  Such revocation shall become           2,295        

effective at the end of the fiscal year occurring at least six     2,296        

months following the filing of the resolution or order.  In the    2,297        

absence of such an express revocation so filed, the agreement      2,298        

shall continue indefinitely.                                       2,299        

      This section does not permit a county department of human    2,301        

JOB AND FAMILY services to manage or control county or district    2,303        

tuberculosis or other hospitals, humane societies, detention       2,304        

homes, jails or probation departments of courts, or veterans       2,305        

service commissions.                                                            

      Sec. 329.06.  (A)  Except as provided in division (C) of     2,315        

this section AND SECTION 6301.08 OF THE REVISED CODE, the board                 

of county commissioners shall establish a county human FAMILY      2,317        

services planning committee.  The board shall appoint a member to  2,318        

represent the county department of human JOB AND FAMILY services;  2,319        

an employee in the classified civil service of the county          2,321        

department of human JOB AND FAMILY services, if there are any      2,322        

such employees; and a member to represent the public.  The board   2,323        

shall appoint other individuals to the committee in such a manner  2,324        

that the committee's membership is broadly representative of the   2,325        

groups of individuals and the public and private entities that     2,326        

have an interest in the social FAMILY services provided in the     2,327        

county.  The board shall make appointments in a manner that        2,329        

reflects the ethnic and racial composition of the county.  The     2,330        

following groups and entities may be represented on the                         

committee:                                                         2,331        

      (1)  Consumers of social FAMILY services;                    2,333        

      (2)  The public children services agency;                    2,335        

                                                          53     


                                                                 
      (3)  The child support enforcement agency;                   2,337        

      (4)  The county family and children first council;           2,339        

      (5)  Public and private colleges and universities;           2,341        

      (6)  Public entities that provide social FAMILY services,    2,343        

including boards of health, boards of education, the county board  2,345        

of mental retardation and developmental disabilities, and the      2,346        

board of alcohol, drug addiction, and mental health services that  2,347        

serves the county;                                                              

      (7)  Private nonprofit and for-profit entities that provide  2,350        

social FAMILY services in the county or that advocate for          2,351        

consumers of social FAMILY services in the county, including       2,352        

entities that provide services to or advocate for victims of       2,354        

domestic violence;                                                              

      (8)  Labor organizations;                                    2,356        

      (9)  Any other group or entity that has an interest in the   2,358        

social FAMILY services provided in the county, including groups    2,359        

or entities that represent any of the county's business, urban,    2,361        

and rural sectors.                                                 2,362        

      (B)  The county human FAMILY services planning committee     2,365        

shall do all of the following:                                     2,366        

      (1)  Serve as an advisory body to the board of county        2,368        

commissioners with regard to the social FAMILY services provided   2,369        

in the county, including assistance under Chapters 5107. and       2,372        

5108. of the Revised Code, publicly funded child day-care under    2,375        

Chapter 5104. of the Revised Code, and social services provided    2,378        

under section 5101.46 of the Revised Code;                         2,380        

      (2)  At least once a year, review and analyze the county     2,382        

department of human JOB AND FAMILY services' implementation of     2,383        

the programs established under Chapters 5107. and 5108. of the     2,385        

Revised Code.  In its review, the committee shall use information  2,387        

available to it to examine all of the following:                   2,388        

      (a)  Return of assistance groups to participation in either  2,391        

program after ceasing to participate;                                           

      (b)  Teen pregnancy rates among the programs' participants;  2,393        

                                                          54     


                                                                 
      (c)  The other types of assistance the programs'             2,395        

participants receive, including medical assistance under Chapter   2,396        

5111. of the Revised Code, publicly funded child day-care under    2,398        

Chapter 5104. of the Revised Code, food stamp benefits under       2,400        

section 5101.54 of the Revised Code, and energy assistance under   2,402        

Chapter 5117. of the Revised Code;                                 2,403        

      (d)  Other issues the committee considers appropriate.       2,405        

      The committee shall make recommendations to the board of     2,407        

county commissioners and county department of human JOB AND        2,408        

FAMILY services regarding the committee's findings.                2,410        

      (3)  Provide comments and recommendations to the board       2,412        

prior to the board's entering into or substantially amending a     2,413        

partnership agreement with the director of human JOB AND FAMILY    2,416        

services under section 307.98 of the Revised Code;                 2,418        

      (4)  Conduct public hearings on proposed county profiles     2,421        

for the provision of social services under section 5101.46 of the  2,422        

Revised Code;                                                      2,424        

      (5)  At the request of the board, make recommendations and   2,426        

provide assistance regarding the social FAMILY services provided   2,427        

in the county;                                                     2,429        

      (6)  At any other time the committee considers appropriate,  2,432        

consult with the board and make recommendations regarding the      2,433        

social FAMILY services provided in the county.  The committee's    2,435        

recommendations may address the following:                                      

      (a)  Implementation and administration of social FAMILY      2,438        

service programs;                                                               

      (b)  Use of federal, state, and local funds available for    2,441        

social FAMILY service programs;                                                 

      (c)  Establishment of goals to be achieved by social FAMILY  2,444        

service programs;                                                               

      (d)  Evaluation of the outcomes of social FAMILY service     2,447        

programs;                                                                       

      (e)  Any other matter the board considers relevant to the    2,450        

provision of social FAMILY services.                                            

                                                          55     


                                                                 
      (C)  If there is a committee in existence in a county on     2,453        

October 1, 1997, that the board of county commissioners            2,455        

determines is capable of fulfilling the responsibilities of a      2,456        

county human FAMILY services planning committee, the board may     2,458        

designate the committee as the county's human FAMILY services      2,459        

planning committee and the committee shall serve in that           2,461        

capacity.                                                                       

      Sec. 329.061.  WHEREVER A COUNTY HUMAN SERVICES PLANNING     2,463        

COMMITTEE IS REFERRED TO OR DESIGNATED IN THE REVISED CODE OR ANY  2,464        

RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR DESIGNATION    2,465        

SHALL BE DEEMED TO REFER TO A COUNTY FAMILY SERVICES PLANNING      2,466        

COMMITTEE.                                                                      

      Sec. 330.01.  AS USED IN THIS CHAPTER:                       2,468        

      (A)  "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A           2,470        

GOVERNMENT ENTITY.                                                 2,471        

      (B)  "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING   2,473        

AS IN SECTION 6301.01 OF THE REVISED CODE.                         2,474        

      Sec. 330.02.  A COUNTY THAT IS ELIGIBLE TO BE DESIGNATED AS  2,477        

A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE "WORKFORCE       2,478        

INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS       2,481        

AMENDED, BUT DOES NOT REQUEST SUCH DESIGNATION, MAY ADMINISTER     2,482        

AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH    2,483        

CHAPTER 6301. OF THE REVISED CODE.  A COUNTY THAT ELECTS TO        2,484        

ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES UNDER      2,485        

CHAPTER 6301. OF THE REVISED CODE SHALL NOT OPERATE AS A LOCAL     2,487        

WORKFORCE INVESTMENT AREA PURSUANT TO THE WORKFORCE INVESTMENT     2,488        

ACT.                                                                            

      Sec. 330.04.  IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE    2,491        

REVISED CODE, A COUNTY IS THE TYPE OF LOCAL AREA DEFINED IN        2,492        

DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE, THE BOARD  2,493        

OF COUNTY COMMISSIONERS SERVING THE COUNTY SHALL ADOPT A           2,494        

RESOLUTION ESTABLISHING OR DESIGNATING A WORKFORCE DEVELOPMENT                  

AGENCY TO PROVIDE WORKFORCE DEVELOPMENT ACTIVITIES FOR THE         2,496        

COUNTY.  THE BOARD SHALL ADOPT THE RESOLUTION NOT LATER THAN JULY  2,497        

                                                          56     


                                                                 
1, 2000.                                                                        

      THE BOARD MAY ESTABLISH OR DESIGNATE ANY OF THE FOLLOWING    2,499        

AS THE WORKFORCE DEVELOPMENT AGENCY:                               2,500        

      (A)  THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES;       2,502        

      (B)  A SEPARATE AGENCY UNDER THE DIRECT CONTROL OF THE       2,504        

BOARD AND ADMINISTERED BY AN OFFICIAL APPOINTED BY THE BOARD;      2,505        

      (C)  AN ENTITY SERVING THE COUNTY ON THE EFFECTIVE DATE OF   2,507        

THIS SECTION IN A CAPACITY SIMILAR TO THE CAPACITY IN WHICH A      2,508        

WORKFORCE DEVELOPMENT AGENCY IS TO SERVE THE COUNTY ON AND AFTER   2,509        

THE EFFECTIVE DATE OF THIS SECTION;                                2,510        

      (D)  AN ENTITY LOCATED IN OR OUTSIDE THE COUNTY THAT         2,512        

PROVIDES WORKFORCE DEVELOPMENT ACTIVITIES IN THE COUNTY ON THE     2,513        

EFFECTIVE DATE OF THIS SECTION;                                    2,514        

      (E)  ANY PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER       2,516        

SECTION 307.981 OF THE REVISED CODE.                               2,517        

      Sec. 330.05.  A BOARD OF COUNTY COMMISSIONERS THAT HAS       2,519        

DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE   2,520        

COUNTY UNDER SECTION 330.04 OF THE REVISED CODE SHALL ENTER INTO   2,521        

A CONTRACT WITH THE AGENCY.  THE CONTRACT SHALL SPECIFY THE        2,522        

WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY IS TO PROVIDE AND      2,523        

ESTABLISH STANDARDS, INCLUDING PERFORMANCE STANDARDS, FOR THE      2,525        

AGENCY'S OPERATION.  THE CONTRACT ALSO SHALL INCLUDE ANY OTHER     2,526        

PROVISIONS THE BOARD CONSIDERS NECESSARY.                                       

      Sec. 330.07.  A BOARD OF COUNTY COMMISSIONERS THAT HAS       2,528        

DESIGNATED OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE   2,529        

COUNTY UNDER SECTION 330.04 OF THE REVISED CODE MAY CONTRACT WITH  2,530        

ANY GOVERNMENT OR PRIVATE ENTITY TO ENHANCE THE AGENCY'S           2,531        

ADMINISTRATION OR THE WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY  2,532        

PROVIDES.  THE ENTITY WITH WHICH THE BOARD CONTRACTS IS NOT        2,533        

REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.             2,534        

      Sec. 763.01.  AS USED IN THIS CHAPTER:                       2,536        

      (A)  "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A           2,538        

GOVERNMENT ENTITY.                                                 2,539        

      (B)  "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING   2,541        

                                                          57     


                                                                 
AS IN SECTION 6301.01 OF THE REVISED CODE.                         2,542        

      (C)  "WORKFORCE INVESTMENT ACT" MEANS THE "WORKFORCE         2,546        

INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS       2,550        

AMENDED.                                                                        

      Sec. 763.02.  THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL      2,552        

CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY            2,553        

DESIGNATION AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO       2,554        

SECTION 116(a)(2) OR (3) OF THE WORKFORCE INVESTMENT ACT, 29       2,557        

U.S.C.A. 2831(a)(2) OR (3), BUT DOES NOT REQUEST THAT THE          2,558        

GOVERNOR GRANT THE AUTOMATIC OR TEMPORARY DESIGNATION MAY          2,560        

ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES IN         2,561        

ACCORDANCE WITH CHAPTER 6301. OF THE REVISED CODE.  A MUNICIPAL    2,562        

CORPORATION THAT ELECTS TO ADMINISTER AND ENFORCE WORKFORCE        2,563        

DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH CHAPTER 6301. OF THE     2,565        

REVISED CODE SHALL NOT OPERATE AS A LOCAL WORKFORCE INVESTMENT     2,567        

AREA PURSUANT TO THE WORKFORCE INVESTMENT ACT.                     2,568        

      Sec. 763.05.  TO THE EXTENT PERMITTED BY FEDERAL LAW,        2,570        

INCLUDING SUBPART F OF 5 C.F.R. PART 900, AND THE REVISED CODE,    2,573        

THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION THAT, FOR    2,574        

THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS THE TYPE OF   2,576        

LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE    2,577        

REVISED CODE MAY ENTER INTO A WRITTEN CONTRACT WITH A PRIVATE OR   2,579        

GOVERNMENT ENTITY, INCLUDING A PUBLIC OR PRIVATE COLLEGE OR        2,580        

UNIVERSITY, FOR THE ENTITY TO ACT AS THE MUNICIPAL CORPORATION'S   2,581        

WORKFORCE DEVELOPMENT AGENCY.  THE ENTITY WITH WHICH THE CHIEF     2,582        

ELECTED OFFICIAL CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE    2,583        

MUNICIPAL CORPORATION.                                                          

      Sec. 763.07.  TO ENHANCE THE ADMINISTRATION, DELIVERY, AND   2,585        

EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT  2,586        

ACTIVITIES, THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION  2,587        

THAT, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED CODE, IS     2,589        

THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(1) OF SECTION       2,590        

6301.01 OF THE REVISED CODE MAY ENTER INTO A REGIONAL PLAN OF      2,591        

COOPERATION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS                     

                                                          58     


                                                                 
PURSUANT TO SECTION 307.984 OF THE REVISED CODE.  A REGIONAL PLAN  2,593        

OF COOPERATION MUST SPECIFY HOW THE PRIVATE AND GOVERNMENT         2,594        

ENTITIES SUBJECT TO THE PLAN WILL COORDINATE AND ENHANCE THE                    

ADMINISTRATION, DELIVERY, AND EFFECTIVENESS OF FAMILY SERVICES     2,595        

DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES.                       2,596        

      Sec. 2151.011.  (A)  As used in the Revised Code:            2,605        

      (1)  "Juvenile court" means the division of the court of     2,607        

common pleas or a juvenile court separately and independently      2,608        

created having jurisdiction under this chapter.                    2,609        

      (2)  "Juvenile judge" means a judge of a court having        2,611        

jurisdiction under this chapter.                                   2,612        

      (3)  "Private child placing agency" means any association,   2,614        

as defined in section 5103.02 of the Revised Code, that is         2,615        

certified pursuant to sections SECTION 5103.03 to 5103.05 of the   2,617        

Revised Code to accept temporary, permanent, or legal custody of   2,618        

children and place the children for either foster care or          2,619        

adoption.                                                                       

      (4)  "Private noncustodial agency" means any person,         2,621        

organization, association, or society certified by the department  2,622        

of human JOB AND FAMILY services that does not accept temporary    2,623        

or permanent legal custody of children, that is privately          2,625        

operated in this state, and that does one or more of the           2,626        

following:                                                                      

      (a)  Receives and cares for children for two or more         2,628        

consecutive weeks;                                                 2,629        

      (b)  Participates in the placement of children in family     2,631        

foster homes;                                                      2,632        

      (c)  Provides adoption services in conjunction with a        2,634        

public children services agency or private child placing agency.   2,635        

      (B)  As used in this chapter:                                2,637        

      (1)  "Adequate parental care" means the provision by a       2,639        

child's parent or parents, guardian, or custodian of adequate      2,640        

food, clothing, and shelter to ensure the child's health and       2,641        

physical safety and the provision by a child's parent or parents   2,642        

                                                          59     


                                                                 
of specialized services warranted by the child's physical or       2,643        

mental needs.                                                      2,644        

      (2)  "Adult" means an individual who is eighteen years of    2,646        

age or older.                                                      2,647        

      (3)  "Agreement for temporary custody" means a voluntary     2,649        

agreement authorized by section 5103.15 of the Revised Code that   2,651        

transfers the temporary custody of a child to a public children    2,652        

services agency or a private child placing agency.                 2,653        

      (4)  "Babysitting care" means care provided for a child      2,655        

while the parents, guardian, or legal custodian of the child are   2,656        

temporarily away.                                                  2,657        

      (5)  "Certified family foster home" means a family foster    2,659        

home operated by persons holding a certificate in force, issued    2,660        

under section 5103.03 of the Revised Code.                         2,661        

      (6)(a)  "Child" means a person who is under eighteen years   2,664        

of age, except as otherwise provided in divisions (B)(6)(b) to     2,665        

(f) of this section.                                               2,666        

      (b)  Subject to division (B)(6)(c) of this section, any      2,669        

person who violates a federal or state law or municipal ordinance  2,670        

prior to attaining eighteen years of age shall be deemed a                      

"child" irrespective of that person's age at the time the          2,671        

complaint is filed or the hearing on the complaint is held.        2,672        

      (c)  Any person who, while under eighteen years of age,      2,675        

commits an act that would be a felony if committed by an adult     2,676        

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    2,677        

child in relation to that act.                                     2,678        

      (d)  Any person whose case is transferred for criminal       2,680        

prosecution pursuant to division (B) or (C) of section 2151.26 of  2,681        

the Revised Code shall after the transfer be deemed not to be a    2,682        

child in the transferred case.                                     2,683        

      (e)  Subject to division (B)(6)(f) of this section, any      2,686        

person whose case is transferred for criminal prosecution          2,687        

pursuant to division (B) or (C) of section 2151.26 of the Revised  2,688        

                                                          60     


                                                                 
Code and who subsequently is convicted of or pleads guilty to a    2,689        

felony in that case shall after the transfer be deemed not to be   2,691        

a child in any case in which the person is alleged to have         2,693        

committed prior to or subsequent to the transfer an act that       2,695        

would be an offense if committed by an adult.  Division (B)(6)(e)  2,696        

of this section applies to a case regardless of whether the prior  2,699        

or subsequent act that is alleged in the case and that would be                 

an offense if committed by an adult allegedly was committed in     2,700        

the same county in which the case was transferred or in another    2,702        

county and regardless of whether the complaint in the case         2,703        

involved was filed in the same county in which the case was        2,704        

transferred or in another county.  Division (B)(6)(e) of this      2,705        

section applies to a case that involves an act committed prior to  2,706        

the transfer only when the prior act alleged in the case has not   2,707        

been disposed of by a juvenile court or trial court.               2,708        

      (f)  Notwithstanding division (B)(6)(e) of this section, if  2,711        

a person's case is transferred for criminal prosecution pursuant   2,712        

to division (B) or (C) of section 2151.26 of the Revised Code and  2,713        

if the person subsequently is convicted of or pleads guilty to a   2,714        

felony in that case, thereafter, the person shall be considered a  2,715        

child solely for the following purposes in relation to any act                  

the person subsequently commits that would be an offense if        2,716        

committed by an adult:                                             2,717        

      (i)  For purposes of the filing of a complaint alleging      2,719        

that the child is a delinquent child for committing the act that   2,720        

would be an offense if committed by an adult;                      2,721        

      (ii)  For purposes of the juvenile court conducting a        2,723        

hearing under division (B) of section 2151.26 of the Revised Code  2,725        

relative to the complaint described in division (B)(6)(f)(i) of    2,726        

this section to determine whether division (B)(1) of section       2,727        

2151.26 of the Revised Code applies and requires that the case be  2,729        

transferred for criminal prosecution to the appropriate court      2,730        

having jurisdiction of the offense.                                             

      (7)  "Child day camp," "child day-care," "child day-care     2,732        

                                                          61     


                                                                 
center," "part-time child day-care center," "type A family         2,735        

day-care home," "certified type B family day-care home," "type B   2,736        

home," "administrator of a child day-care center," "administrator  2,738        

of a type A family day-care home," "in-home aide," and             2,739        

"authorized provider" have the same meanings as in section         2,740        

5104.01 of the Revised Code.                                                    

      (8)  "Child day-care provider" means an individual who is a  2,743        

child-care staff member or administrator of a child day-care                    

center, a type A family day-care home, or a type B family          2,744        

day-care home, or an in-home aide or an individual who is          2,745        

licensed, is regulated, is approved, operates under the direction  2,746        

of, or otherwise is certified by the department of human JOB AND   2,747        

FAMILY services, department of mental retardation and              2,749        

developmental disabilities, or the early childhood programs of     2,750        

the department of education.                                       2,751        

      (9)  "Commit" means to vest custody as ordered by the        2,753        

court.                                                             2,754        

      (10)  "Counseling" includes both of the following:           2,756        

      (a)  General counseling services performed by a public       2,759        

children services agency or shelter for victims of domestic        2,760        

violence to assist a child, a child's parents, and a child's       2,761        

siblings in alleviating identified problems that may cause or      2,763        

have caused the child to be an abused, neglected, or dependent     2,764        

child.                                                                          

      (b)  Psychiatric or psychological therapeutic counseling     2,767        

services provided to correct or alleviate any mental or emotional  2,769        

illness or disorder and performed by a licensed psychiatrist,                   

licensed psychologist, or a person licensed under Chapter 4757.    2,771        

of the Revised Code to engage in social work or professional       2,772        

counseling.                                                                     

      (11)  "Custodian" means a person who has legal custody of a  2,774        

child or a public children services agency or private child        2,775        

placing agency that has permanent, temporary, or legal custody of  2,776        

a child.                                                           2,777        

                                                          62     


                                                                 
      (12)  "Detention" means the temporary care of children       2,779        

pending court adjudication or disposition, or execution of a       2,780        

court order, in a public or private facility designed to           2,781        

physically restrict the movement and activities of children.       2,782        

      (13)  "Developmental disability" has the same meaning as in  2,785        

section 5123.01 of the Revised Code.                               2,786        

      (14)  "Family foster home" means a private residence in      2,788        

which children are received apart from their parents, guardian,    2,789        

or legal custodian by an individual for hire, gain, or reward for  2,790        

nonsecure care, supervision, or training twenty-four hours a day.  2,791        

"Family foster home" does not include babysitting care provided    2,792        

for a child in the home of a person other than the home of the     2,793        

parents, guardian, or legal custodian of the child.                2,794        

      (15)  "Foster home" means a family home in which any child   2,796        

is received apart from the child's parents for care, supervision,  2,797        

or training.                                                       2,799        

      (16)  "Guardian" means a person, association, or             2,801        

corporation that is granted authority by a probate court pursuant  2,802        

to Chapter 2111. of the Revised Code to exercise parental rights   2,803        

over a child to the extent provided in the court's order and       2,804        

subject to the residual parental rights of the child's parents.    2,805        

      (17)  "Legal custody" means a legal status that vests in     2,807        

the custodian the right to have physical care and control of the   2,808        

child and to determine where and with whom the child shall live,   2,809        

and the right and duty to protect, train, and discipline the       2,811        

child and to provide the child with food, shelter, education, and  2,812        

medical care, all subject to any residual parental rights,         2,814        

privileges, and responsibilities.  An individual granted legal     2,815        

custody shall exercise the rights and responsibilities personally  2,816        

unless otherwise authorized by any section of the Revised Code or  2,817        

by the court.                                                      2,818        

      (18)  "Mental illness" and "mentally ill person subject to   2,821        

hospitalization by court order" have the same meanings as in       2,822        

section 5122.01 of the Revised Code.                               2,823        

                                                          63     


                                                                 
      (19)  "Mental injury" means any behavioral, cognitive,       2,825        

emotional, or mental disorder in a child caused by an act or       2,826        

omission that is described in section 2919.22 of the Revised Code  2,827        

and is committed by the parent or other person responsible for     2,829        

the child's care.                                                               

      (20)  "Mentally retarded person" has the same meaning as in  2,832        

section 5123.01 of the Revised Code.                               2,833        

      (21)  "Nonsecure care, supervision, or training" means       2,835        

care, supervision, or training of a child in a facility that does  2,836        

not confine or prevent movement of the child within the facility   2,837        

or from the facility.                                              2,838        

      (22)  "Organization" means any institution, public,          2,840        

semipublic, or private, and any private association, society, or   2,841        

agency located or operating in the state, incorporated or          2,842        

unincorporated, having among its functions the furnishing of       2,843        

protective services or care for children, or the placement of      2,844        

children in foster homes or elsewhere.                             2,845        

      (23)  "Out-of-home care" means detention facilities,         2,847        

shelter facilities, foster homes, certified foster homes,          2,848        

placement in a prospective adoptive home prior to the issuance of  2,849        

a final decree of adoption, organizations, certified               2,850        

organizations, child day-care centers, type A family day-care      2,851        

homes, child day-care provided by type B family day-care home      2,852        

providers and by in-home aides, group home providers, group        2,853        

homes, institutions, state institutions, residential facilities,   2,854        

residential care facilities, residential camps, day camps,         2,855        

hospitals, and medical clinics that are responsible for the care,  2,856        

physical custody, or control of children.                          2,857        

      (24)  "Out-of-home care child abuse" means any of the        2,859        

following when committed by a person responsible for the care of   2,860        

a child in out-of-home care:                                       2,861        

      (a)  Engaging in sexual activity with a child in the         2,863        

person's care;                                                     2,864        

      (b)  Denial to a child, as a means of punishment, of proper  2,866        

                                                          64     


                                                                 
or necessary subsistence, education, medical care, or other care   2,867        

necessary for a child's health;                                    2,868        

      (c)  Use of restraint procedures on a child that cause       2,870        

injury or pain;                                                    2,871        

      (d)  Administration of prescription drugs or psychotropic    2,873        

medication to the child without the written approval and ongoing   2,874        

supervision of a licensed physician;                               2,875        

      (e)  Commission of any act, other than by accidental means,  2,877        

that results in any injury to or death of the child in             2,878        

out-of-home care or commission of any act by accidental means      2,879        

that results in an injury to or death of a child in out-of-home    2,880        

care and that is at variance with the history given of the injury  2,881        

or death.                                                                       

      (25)  "Out-of-home care child neglect" means any of the      2,883        

following when committed by a person responsible for the care of   2,884        

a child in out-of-home care:                                       2,885        

      (a)  Failure to provide reasonable supervision according to  2,887        

the standards of care appropriate to the age, mental and physical  2,888        

condition, or other special needs of the child;                    2,889        

      (b)  Failure to provide reasonable supervision according to  2,891        

the standards of care appropriate to the age, mental and physical  2,892        

condition, or other special needs of the child, that results in    2,893        

sexual or physical abuse of the child by any person;               2,894        

      (c)  Failure to develop a process for all of the following:  2,896        

      (i)  Administration of prescription drugs or psychotropic    2,898        

drugs for the child;                                               2,899        

      (ii)  Assuring that the instructions of the licensed         2,901        

physician who prescribed a drug for the child are followed;        2,902        

      (iii)  Reporting to the licensed physician who prescribed    2,904        

the drug all unfavorable or dangerous side effects from the use    2,905        

of the drug.                                                       2,906        

      (d)  Failure to provide proper or necessary subsistence,     2,908        

education, medical care, or other individualized care necessary    2,909        

for the health or well-being of the child;                         2,910        

                                                          65     


                                                                 
      (e)  Confinement of the child to a locked room without       2,912        

monitoring by staff;                                               2,913        

      (f)  Failure to provide ongoing security for all             2,915        

prescription and nonprescription medication;                       2,916        

      (g)  Isolation of a child for a period of time when there    2,918        

is substantial risk that the isolation, if continued, will impair  2,919        

or retard the mental health or physical well-being of the child.   2,920        

      (26)  "Permanent custody" means a legal status that vests    2,922        

in a public children services agency or a private child placing    2,923        

agency, all parental rights, duties, and obligations, including    2,924        

the right to consent to adoption, and divests the natural parents  2,925        

or adoptive parents of all parental rights, privileges, and        2,927        

obligations, including all residual rights and obligations.                     

      (27)  "Planned permanent living arrangement" means an order  2,930        

of a juvenile court pursuant to which both of the following        2,931        

apply:                                                                          

      (a)  The court gives legal custody of a child to a public    2,933        

children services agency or a private child placing agency         2,934        

without the termination of parental rights.                        2,935        

      (b)  The order permits the agency to make an appropriate     2,937        

placement of the child and to enter into a written agreement with  2,940        

a foster care provider or with another person or agency with whom  2,941        

the child is placed.                                                            

      (28)  "Permanent surrender" means the act of the parents     2,943        

or, if a child has only one parent, of the parent of a child, by   2,944        

a voluntary agreement authorized by section 5103.15 of the         2,946        

Revised Code, to transfer the permanent custody of the child to a               

public children services agency or a private child placing         2,947        

agency.                                                            2,948        

      (29)  "Person responsible for a child's care in out-of-home  2,950        

care" means any of the following:                                  2,951        

      (a)  Any foster parent, in-home aide, or provider;           2,953        

      (b)  Any administrator, employee, or agent of any of the     2,955        

following:  a public or private detention facility; shelter        2,956        

                                                          66     


                                                                 
facility; organization; certified organization; child day-care     2,957        

center; type A family day-care home; certified type B family       2,958        

day-care home; group home; institution; state institution;         2,959        

residential facility; residential care facility; residential       2,960        

camp; day camp; hospital; or medical clinic;                       2,961        

      (c)  Any other person who performs a similar function with   2,963        

respect to, or has a similar relationship to, children.            2,964        

      (30)  "Physically impaired" means having one or more of the  2,967        

following conditions that substantially limit one or more of an    2,968        

individual's major life activities, including self-care,                        

receptive and expressive language, learning, mobility, and         2,969        

self-direction:                                                                 

      (a)  A substantial impairment of vision, speech, or          2,971        

hearing;                                                                        

      (b)  A congenital orthopedic impairment;                     2,973        

      (c)  An orthopedic impairment caused by disease, rheumatic   2,976        

fever or any other similar chronic or acute health problem, or     2,977        

amputation or another similar cause.                                            

      (31)  "Placement for adoption" means the arrangement by a    2,979        

public children services agency or a private child placing agency  2,980        

with a person for the care and adoption by that person of a child  2,981        

of whom the agency has permanent custody.                          2,982        

      (32)  "Placement in foster care" means the arrangement by a  2,985        

public children services agency or a private child placing agency  2,986        

for the out-of-home care of a child of whom the agency has                      

temporary custody or permanent custody.                            2,987        

      (33)  "Practice of social work" and "practice of             2,989        

professional counseling" have the same meanings as in section      2,990        

4757.01 of the Revised Code.                                       2,991        

      (34)  "Probation" means a legal status created by court      2,993        

order following an adjudication that a child is a delinquent       2,994        

child, a juvenile traffic offender, or an unruly child, whereby    2,995        

the child is permitted to remain in the parent's, guardian's, or   2,996        

custodian's home subject to supervision, or under the supervision  2,997        

                                                          67     


                                                                 
of any agency designated by the court and returned to the court    2,998        

for violation of probation at any time during the period of        2,999        

probation.                                                         3,000        

      (35)  "Protective supervision" means an order of             3,002        

disposition pursuant to which the court permits an abused,         3,003        

neglected, dependent, unruly, or delinquent child or a juvenile    3,004        

traffic offender to remain in the custody of the child's parents,  3,005        

guardian, or custodian and stay in the child's home, subject to    3,006        

any conditions and limitations upon the child, the child's         3,008        

parents, guardian, or custodian, or any other person that the      3,010        

court prescribes, including supervision as directed by the court   3,011        

for the protection of the child.                                   3,012        

      (36)  "Psychiatrist" has the same meaning as in section      3,014        

5122.01 of the Revised Code.                                       3,015        

      (37)  "Psychologist" has the same meaning as in section      3,017        

4732.01 of the Revised Code.                                       3,018        

      (38)  "Residential camp" means a program in which the care,  3,020        

physical custody, or control of children is accepted overnight     3,022        

for recreational or recreational and educational purposes.         3,023        

      (39)  "Residential care facility" means an institution,      3,025        

residence, or facility that is licensed by the department of       3,026        

mental health under section 5119.22 of the Revised Code and that   3,027        

provides care for a child.                                         3,028        

      (40)  "Residential facility" means a home or facility that   3,030        

is licensed by the department of mental retardation and            3,031        

developmental disabilities under section 5123.19 of the Revised    3,032        

Code and in which a child with a developmental disability          3,033        

resides.                                                           3,034        

      (41)  "Residual parental rights, privileges, and             3,036        

responsibilities" means those rights, privileges, and              3,037        

responsibilities remaining with the natural parent after the       3,038        

transfer of legal custody of the child, including, but not         3,039        

necessarily limited to, the privilege of reasonable visitation,    3,040        

consent to adoption, the privilege to determine the child's        3,041        

                                                          68     


                                                                 
religious affiliation, and the responsibility for support.         3,042        

      (42)  "Secure correctional facility" means a facility under  3,045        

the direction of the department of youth services that is                       

designed to physically restrict the movement and activities of     3,046        

children and used for the placement of children after              3,047        

adjudication and disposition.                                                   

      (43)  "Sexual activity" has the same meaning as in section   3,049        

2907.01 of the Revised Code.                                       3,050        

      (44)  "Shelter" means the temporary care of children in      3,052        

physically unrestricted facilities pending court adjudication or   3,053        

disposition.                                                       3,054        

      (45)  "Shelter for victims of domestic violence" has the     3,056        

same meaning as in section 3113.33 of the Revised Code.            3,057        

      (46)  "Temporary custody" means legal custody of a child     3,059        

who is removed from the child's home, which custody may be         3,060        

terminated at any time at the discretion of the court or, if the   3,062        

legal custody is granted in an agreement for temporary custody,    3,063        

by the person who executed the agreement.                          3,064        

      (C)  For the purposes of this chapter, a child shall be      3,066        

presumed abandoned when the parents of the child have failed to    3,067        

visit or maintain contact with the child for more than ninety      3,068        

days, regardless of whether the parents resume contact with the    3,069        

child after that period of ninety days.                            3,070        

      Sec. 2301.357.  (A)  Each child support enforcement agency   3,079        

shall adopt a paternity compliance plan, establish a paternity     3,080        

compliance unit, and submit the adopted plan to the division of    3,081        

support of the department of human JOB AND FAMILY services in      3,082        

accordance with the rules adopted pursuant to section 5101.324 of  3,084        

the Revised Code, except that, if a child support enforcement      3,085        

agency submitted a corrective action plan to the department        3,086        

pursuant to division (B)(C)(1) of section 5101.24 of the Revised   3,088        

Code and if that plan is currently in effect, the agency is not    3,089        

required to comply with this division.                             3,090        

      (B)  The department of human JOB AND FAMILY services shall   3,092        

                                                          69     


                                                                 
enter into a contract with local hospitals for the provision of    3,095        

staff by the hospitals to meet with unmarried women who give       3,096        

birth in or en route to the particular hospital.  The contract     3,097        

between the department of human JOB AND FAMILY services and a      3,098        

local hospital shall require all of the following:                 3,100        

      (1)  That the hospital provide a staff person to meet with   3,103        

each unmarried mother who gave birth in or en route to the         3,104        

hospital within twenty-four hours of the birth or before the       3,105        

mother is released from the hospital;                              3,106        

      (2)  That the staff person attempt to meet with the father   3,108        

of the unmarried mother's child if possible;                       3,109        

      (3)  That the staff person explain to the unmarried mother   3,111        

and the father, if he is present, the benefit to the child of      3,112        

establishing a parent and child relationship between the father    3,113        

and the child and the various proper procedures for establishing   3,114        

a parent and child relationship;                                   3,115        

      (4)  That the staff person present to the unmarried mother   3,117        

and, if possible, the father the pamphlet or statement regarding   3,119        

the rights and responsibilities of a natural parent that is        3,120        

prepared and provided by the department of human JOB AND FAMILY    3,121        

services pursuant to section 5101.324 of the Revised Code;         3,123        

      (5)  That the staff person provide the mother and, if        3,125        

possible, the father, all forms and statements necessary to        3,127        

voluntarily establish a parent and child relationship, including,  3,128        

but not limited to, the acknowledgment of paternity affidavit      3,129        

prepared by the department of human JOB AND FAMILY services        3,130        

pursuant to section 5101.324 of the Revised Code and required by   3,131        

section 5101.314 of the Revised Code;                              3,132        

      (6)  That the staff person, at the request of both the       3,134        

mother and father, help the mother and father complete any form    3,135        

or statement necessary to establish a parent and child             3,136        

relationship;                                                      3,137        

      (7)  That the hospital provide a notary public to notarize   3,139        

an acknowledgment of paternity affidavit signed by the mother and  3,140        

                                                          70     


                                                                 
father;                                                            3,141        

      (8)  That the staff person present to an unmarried mother    3,143        

who is not participating in the Ohio works first program           3,144        

established under Chapter 5107. or receiving medical assistance    3,145        

under Chapter 5111. of the Revised Code an application for Title   3,147        

IV-D services;                                                                  

      (9)  That the staff person forward any completed             3,149        

acknowledgment of paternity, no later than ten days after it is    3,150        

completed, to the division of child support in the department of   3,151        

human JOB AND FAMILY services;                                     3,152        

      (10)  That the department of human JOB AND FAMILY services   3,154        

pay the hospital twenty dollars for every correctly signed and     3,156        

notarized acknowledgment of paternity affidavit from the           3,157        

hospital.                                                                       

      On or before April 1, 1998, each hospital shall enter into   3,160        

a contract with the department of human JOB AND FAMILY services    3,161        

pursuant to this section regarding the duties imposed by this      3,163        

section and section 3727.17 of the Revised Code concerning         3,164        

paternity establishment.  A hospital that fails to enter into a    3,165        

contract shall not receive the fee from the department for         3,166        

correctly signed and notarized affidavits submitted by the         3,167        

hospital.                                                          3,168        

      (C)  Not later than July 1, 1998, and the first day of each  3,172        

July thereafter, the department of human JOB AND FAMILY services   3,173        

shall complete a report on the hospitals that have not entered     3,175        

into contracts described in this section.  The department shall    3,176        

submit the report to the chairperson and ranking minority member   3,177        

of the committees of the house of representatives and senate with  3,178        

primary responsibility for issues concerning paternity             3,179        

establishment.                                                                  

      (D)  If the hospital knows or determines that a man is       3,181        

presumed under section 3111.03 of the Revised Code to be the       3,183        

father of the child described in this section, the hospital shall  3,184        

take no further action with regard to an acknowledgment and shall  3,185        

                                                          71     


                                                                 
not send an acknowledgment to the division.                        3,186        

      Sec. 2705.02.  A person guilty of any of the following acts  3,195        

may be punished as for a contempt:                                 3,196        

      (A)  Disobedience of, or resistance to, a lawful writ,       3,198        

process, order, rule, judgment, or command of a court or officer;  3,199        

      (B)  Misbehavior of an officer of the court in the           3,201        

performance of official duties, or in official transactions;       3,203        

      (C)  A failure to obey a subpoena duly served, or a refusal  3,205        

to be sworn or to answer as a witness, when lawfully required;     3,206        

      (D)  The rescue, or attempted rescue, of a person or of      3,208        

property in the custody of an officer by virtue of an order or     3,209        

process of court held by the officer;                              3,210        

      (E)  A failure upon the part of a person recognized to       3,212        

appear as a witness in a court to appear in compliance with the    3,213        

terms of the person's recognizance;                                3,214        

      (F)  A failure to comply with an order issued pursuant to    3,216        

section 3111.20, 3111.211, or 3111.22 of the Revised Code or a     3,217        

withholding or deduction notice issued under section 3111.23 of    3,219        

the Revised Code;                                                               

      (G)  A failure to obey a subpoena issued by the department   3,221        

of human JOB AND FAMILY services or a child support enforcement    3,222        

agency pursuant to section 5101.37 of the Revised Code;            3,224        

      (H)  A willful failure to submit to genetic testing, or a    3,227        

willful failure to submit a child to genetic testing, as required  3,228        

by an order for genetic testing issued under section 3111.22 of    3,229        

the Revised Code.                                                  3,230        

      Sec. 3313.64.  (A)  As used in this section and in section   3,241        

3313.65 of the Revised Code:                                       3,242        

      (1)  "Parent" means either parent, unless the parents are    3,244        

separated or divorced or their marriage has been dissolved or      3,245        

annulled, in which case "parent" means the parent who is the       3,246        

residential parent and legal custodian of the child.  When a       3,247        

child is in the legal custody of a government agency or a person   3,248        

other than the child's natural or adoptive parent, "parent" means  3,249        

                                                          72     


                                                                 
the parent with residual parental rights, privileges, and          3,250        

responsibilities.  When a child is in the permanent custody of a   3,251        

government agency or a person other than the child's natural or    3,252        

adoptive parent, "parent" means the parent who was divested of     3,253        

parental rights and responsibilities for the care of the child     3,254        

and the right to have the child live with the parent and be the    3,255        

legal custodian of the child and all residual parental rights,     3,257        

privileges, and responsibilities.                                  3,258        

      (2)  "Legal custody," "permanent custody," and "residual     3,260        

parental rights, privileges, and responsibilities" have the same   3,261        

meanings as in section 2151.011 of the Revised Code.               3,262        

      (3)  "School district" or "district" means a city, local,    3,264        

or exempted village school district and excludes any school        3,265        

operated in an institution maintained by the department of youth   3,266        

services.                                                          3,267        

      (4)  Except as used in division (C)(2) of this section,      3,269        

"home" means a home, institution, family foster home, group home,  3,270        

or other residential facility in this state that receives and      3,271        

cares for children, to which any of the following applies:         3,272        

      (a)  The home is licensed, certified, or approved for such   3,274        

purpose by the state or is maintained by the department of youth   3,275        

services.                                                          3,276        

      (b)  The home is operated by a person who is licensed,       3,278        

certified, or approved by the state to operate the home for such   3,279        

purpose.                                                           3,280        

      (c)  The home accepted the child through a placement by a    3,282        

person licensed, certified, or approved to place a child in such   3,283        

a home by the state.                                               3,284        

      (d)  The home is a children's home created under section     3,286        

5153.21 or 5153.36 of the Revised Code.                            3,287        

      (5)  "Agency" means all of the following:                    3,289        

      (a)  A public children services agency;                      3,291        

      (b)  An organization that holds a certificate issued by the  3,293        

Ohio department of human JOB AND FAMILY services in accordance     3,294        

                                                          73     


                                                                 
with the requirements of section 5103.03 of the Revised Code and   3,296        

assumes temporary or permanent custody of children through         3,297        

commitment, agreement, or surrender, and places children in        3,298        

family homes for the purpose of adoption;                          3,299        

      (c)  Comparable agencies of other states or countries that   3,301        

have complied with applicable requirements of section 2151.39, or  3,302        

sections 5103.20 to 5103.28 of the Revised Code.                   3,303        

      (6)  A child is placed for adoption if either of the         3,305        

following occurs:                                                  3,306        

      (a)  An agency to which the child has been permanently       3,308        

committed or surrendered enters into an agreement with a person    3,309        

pursuant to section 5103.06 5103.16 of the Revised Code for the    3,311        

care and adoption of the child.                                    3,312        

      (b)  The child's natural parent places the child pursuant    3,314        

to section 5103.16 of the Revised Code with a person who will      3,315        

care for and adopt the child.                                      3,316        

      (7)  "Handicapped preschool child" means a handicapped       3,318        

child, as defined by division (A) of section 3323.01 of the        3,319        

Revised Code, who is at least three years of age but is not of     3,320        

compulsory school age, as defined in section 3321.01 of the        3,321        

Revised Code, and who is not currently enrolled in kindergarten.   3,322        

      (8)  "Child," unless otherwise indicated, includes           3,324        

handicapped preschool children.                                    3,325        

      (B)  Except as otherwise provided in section 3321.01 of the  3,327        

Revised Code for admittance to kindergarten and first grade, a     3,328        

child who is at least five but under twenty-two years of age and   3,329        

any handicapped preschool child shall be admitted to school as     3,330        

provided in this division.                                         3,331        

      (1)  A child shall be admitted to the schools of the school  3,333        

district in which the child's parent resides.                      3,334        

      (2)  A child who does not reside in the district where the   3,337        

child's parent resides shall be admitted to the schools of the                  

district in which the child resides if any of the following        3,339        

applies:                                                                        

                                                          74     


                                                                 
      (a)  The child is in the legal or permanent custody of a     3,341        

government agency or a person other than the child's natural or    3,343        

adoptive parent.                                                   3,344        

      (b)  The child resides in a home.                            3,346        

      (c)  The child requires special education.                   3,348        

      (3)  A child who is not entitled under division (B)(2) of    3,350        

this section to be admitted to the schools of the district where   3,351        

the child resides and who is residing with a resident of this      3,352        

state with whom the child has been placed for adoption shall be    3,354        

admitted to the schools of the district where the child resides    3,356        

unless either of the following applies:                            3,357        

      (a)  The placement for adoption has been terminated.         3,359        

      (b)  Another school district is required to admit the child  3,361        

under division (B)(1) of this section.                             3,362        

      Division (B) of this section does not prohibit the board of  3,364        

education of a school district from placing a handicapped child    3,365        

who resides in the district in a special education program         3,366        

outside of the district or its schools in compliance with Chapter  3,367        

3323. of the Revised Code.                                         3,368        

      (C)  A district shall not charge tuition for children        3,370        

admitted under division (B)(1) or (3) of this section.  If the     3,371        

district admits a child under division (B)(2) of this section,     3,372        

tuition shall be paid to the district that admits the child as     3,373        

follows:                                                           3,374        

      (1)  If the child receives special education in accordance   3,376        

with Chapter 3323. of the Revised Code, tuition shall be paid in   3,377        

accordance with section 3323.091, 3323.13, 3323.14, or 3323.141    3,378        

of the Revised Code regardless of who has custody of the child or  3,379        

whether the child resides in a home.                               3,380        

      (2)  Except as otherwise provided in division (C)(2)(d) of   3,382        

this section, if the child is in the permanent or legal custody    3,383        

of a government agency or person other than the child's parent,    3,384        

tuition shall be paid by:                                          3,385        

      (a)  The district in which the child's parent resided at     3,387        

                                                          75     


                                                                 
the time the court removed the child from home or at the time the  3,389        

court vested legal or permanent custody of the child in the                     

person or government agency, whichever occurred first; or          3,390        

      (b)  If the parent's residence at the time the court         3,392        

removed the child from home or placed the child in the legal or    3,394        

permanent custody of the person or government agency is unknown,                

tuition shall be paid by the district in which the child resided   3,395        

at the time the child was removed from home or placed in legal or  3,397        

permanent custody, whichever occurred first; or                                 

      (c)  If a school district cannot be established under        3,399        

division (C)(2)(a) or (b) of this section, tuition shall be paid   3,400        

by the district determined as required by section 2151.357 of the  3,401        

Revised Code by the court at the time it vests custody of the      3,402        

child in the person or government agency.                          3,403        

      (d)  If at the time the court removed the child from home    3,406        

or vested legal or permanent custody of the child in the person    3,407        

or government agency, whichever occurred first, one parent was in  3,408        

a residential or correctional facility or a juvenile residential   3,409        

placement and the other parent, if living and not in such a        3,410        

facility or placement, was not known to reside in this state,      3,411        

tuition shall be paid by the district determined under division    3,412        

(D) of section 3313.65 of the Revised Code as the district         3,413        

required to pay any tuition while the parent was in such facility  3,414        

or placement.                                                                   

      (3)  If the child is not in the permanent or legal custody   3,416        

of a government agency or person other than the child's parent     3,418        

and the child resides in a home, tuition shall be paid by one of   3,419        

the following:                                                                  

      (a)  The school district in which the child's parent         3,421        

resides;                                                           3,422        

      (b)  If the child's parent is not a resident of this state,  3,424        

the home in which the child resides.                               3,425        

      (D)  Tuition required to be paid under divisions (C)(2) and  3,427        

(3)(a) of this section shall be computed in accordance with        3,428        

                                                          76     


                                                                 
section 3317.08 of the Revised Code.  Tuition required to be paid  3,429        

under division (C)(3)(b) of this section shall be computed in      3,430        

accordance with section 3317.081 of the Revised Code.  If a home   3,431        

fails to pay the tuition required by division (C)(3)(b) of this    3,432        

section, the board of education providing the education may        3,433        

recover in a civil action the tuition and the expenses incurred    3,434        

in prosecuting the action, including court costs and reasonable    3,435        

attorney's fees.  If the prosecuting attorney or city director of  3,436        

law represents the board in such action, costs and reasonable      3,437        

attorney's fees awarded by the court, based upon the prosecuting   3,438        

attorney's, director's, or one of their designee's time spent      3,440        

preparing and presenting the case, shall be deposited in the       3,441        

county or city general fund.                                       3,442        

      (E)  A board of education may enroll a child free of any     3,444        

tuition obligation for a period not to exceed sixty days, on the   3,445        

sworn statement of an adult resident of the district that the      3,446        

resident has initiated legal proceedings for custody of the        3,448        

child.                                                                          

      (F)  In the case of any individual entitled to attend        3,450        

school under this division, no tuition shall be charged by the     3,451        

school district of attendance and no other school district shall   3,452        

be required to pay tuition for the individual's attendance.        3,453        

Notwithstanding division (B), (C), or (E) of this section:         3,454        

      (1)  All persons at least eighteen but under twenty-two      3,456        

years of age who live apart from their parents, support            3,457        

themselves by their own labor, and have not successfully           3,458        

completed the high school curriculum or the individualized         3,459        

education program developed for the person by the high school      3,460        

pursuant to section 3323.08 of the Revised Code, are entitled to   3,461        

attend school in the district in which they reside.                3,462        

      (2)  Any child under eighteen years of age who is married    3,464        

is entitled to attend school in the child's district of            3,465        

residence.                                                         3,466        

      (3)  A child is entitled to attend school in the district    3,468        

                                                          77     


                                                                 
in which either of the child's parents is employed if the child    3,470        

has a medical condition that may require emergency medical         3,471        

attention.  The parent of a child entitled to attend school under  3,472        

division (F)(3) of this section shall submit to the board of       3,473        

education of the district in which the parent is employed a        3,474        

statement from the child's physician certifying that the child's   3,475        

medical condition may require emergency medical attention.  The    3,476        

statement shall be supported by such other evidence as the board   3,477        

may require.                                                                    

      (4)  Any child residing with a person other than the         3,479        

child's parent is entitled, for a period not to exceed twelve      3,481        

months, to attend school in the district in which that person      3,482        

resides if the child's parent files an affidavit with the          3,483        

superintendent of the district in which the person with whom the   3,484        

child is living resides stating all of the following:              3,485        

      (a)  That the parent is serving outside of the state in the  3,487        

armed services of the United States;                               3,488        

      (b)  That the parent intends to reside in the district upon  3,490        

returning to this state;                                           3,491        

      (c)  The name and address of the person with whom the child  3,493        

is living while the parent is outside the state.                   3,494        

      (5)  Any child under the age of twenty-two years who, after  3,496        

the death of a parent, resides in a school district other than     3,497        

the district in which the child attended school at the time of     3,498        

the parent's death is entitled to continue to attend school in     3,499        

the district in which the child attended school at the time of     3,500        

the parent's death for the remainder of the school year, subject   3,501        

to approval of that district board.                                3,502        

      (6)  A child under the age of twenty-two years who resides   3,504        

with a parent who is having a new house built in a school          3,505        

district outside the district where the parent is residing is      3,506        

entitled to attend school for a period of time in the district     3,507        

where the new house is being built.  In order to be entitled to    3,508        

such attendance, the parent shall provide the district             3,509        

                                                          78     


                                                                 
superintendent with the following:                                 3,510        

      (a)  A sworn statement explaining the situation, revealing   3,512        

the location of the house being built, and stating the parent's    3,513        

intention to reside there upon its completion;                     3,514        

      (b)  A statement from the builder confirming that a new      3,516        

house is being built for the parent and that the house is at the   3,517        

location indicated in the parent's statement.                      3,518        

      (7)  A child under the age of twenty-two years residing      3,520        

with a parent who has a contract to purchase a house in a school   3,521        

district outside the district where the parent is residing and     3,522        

who is waiting upon the date of closing of the mortgage loan for   3,523        

the purchase of such house is entitled to attend school for a      3,524        

period of time in the district where the house is being            3,525        

purchased.  In order to be entitled to such attendance, the        3,526        

parent shall provide the district superintendent with the          3,527        

following:                                                         3,528        

      (a)  A sworn statement explaining the situation, revealing   3,530        

the location of the house being purchased, and stating the         3,531        

parent's intent to reside there;                                   3,532        

      (b)  A statement from a real estate broker or bank officer   3,534        

confirming that the parent has a contract to purchase the house,   3,535        

that the parent is waiting upon the date of closing of the         3,536        

mortgage loan, and that the house is at the location indicated in  3,537        

the parent's statement.                                            3,538        

      The district superintendent shall establish a period of      3,540        

time not to exceed ninety days during which the child entitled to  3,541        

attend school under division (F)(6) or (7) of this section may     3,542        

attend without tuition obligation.  A student attending a school   3,543        

under division (F)(6) or (7) of this section shall be eligible to  3,544        

participate in interscholastic athletics under the auspices of     3,545        

that school, provided the board of education of the school         3,546        

district where the student's parent resides, by a formal action,   3,547        

releases the student to participate in interscholastic athletics   3,548        

at the school where the student is attending, and provided the     3,549        

                                                          79     


                                                                 
student receives any authorization required by a public agency or  3,550        

private organization of which the school district is a member      3,551        

exercising authority over interscholastic sports.                  3,552        

      (8)  A child whose parent is a full-time employee of a       3,554        

city, local, or exempted village school district, or of an         3,555        

educational service center, may be admitted to the schools of the  3,557        

district where the child's parent is employed, or in the case of   3,558        

a child whose parent is employed by an educational service         3,559        

center, in the district that serves the location where the         3,560        

parent's job is primarily located, provided the district board of  3,561        

education establishes such an admission policy by resolution       3,562        

adopted by a majority of its members.  Any such policy shall take  3,563        

effect on the first day of the school year and the effective date  3,564        

of any amendment or repeal may not be prior to the first day of    3,565        

the subsequent school year.  The policy shall be uniformly         3,566        

applied to all such children and shall provide for the admission   3,567        

of any such child upon request of the parent.  No child may be     3,568        

admitted under this policy after the first day of classes of any   3,569        

school year.                                                                    

      (9)  A child who is with the child's parent under the care   3,571        

of a shelter for victims of domestic violence, as defined in       3,573        

section 3113.33 of the Revised Code, is entitled to attend school  3,574        

free in the district in which the child is with the child's        3,575        

parent, and no other school district shall be required to pay      3,578        

tuition for the child's attendance in that school district.        3,580        

      The enrollment of a child in a school district under this    3,582        

division shall not be denied due to a delay in the school          3,583        

district's receipt of any records required under section 3313.672  3,584        

of the Revised Code or any other records required for enrollment.  3,585        

Any days of attendance and any credits earned by a child while     3,586        

enrolled in a school district under this division shall be         3,587        

transferred to and accepted by any school district in which the    3,588        

child subsequently enrolls.  The state board of education shall    3,589        

adopt rules to ensure compliance with this division.               3,590        

                                                          80     


                                                                 
      (10)  Any child under the age of twenty-two years whose      3,592        

parent has moved out of the school district after the              3,593        

commencement of classes in the child's senior year of high school  3,594        

is entitled, subject to the approval of that district board, to    3,595        

attend school in the district in which the child attended school   3,596        

at the time of the parental move for the remainder of the school   3,597        

year and for one additional semester or equivalent term.  A        3,599        

district board may also adopt a policy specifying extenuating      3,600        

circumstances under which a student may continue to attend school  3,601        

under division (F)(10) of this section for an additional period    3,602        

of time in order to successfully complete the high school          3,603        

curriculum for the individualized education program developed for  3,604        

the student by the high school pursuant to section 3323.08 of the  3,605        

Revised Code.                                                                   

      (11)  As used in this division, "grandparent" means a        3,607        

parent of a parent of a child.  A child under the age of           3,608        

twenty-two years who is in the custody of the child's parent,      3,610        

resides with a grandparent, and does not require special           3,611        

education is entitled to attend the schools of the district in     3,612        

which the child's grandparent resides, provided that, prior to     3,614        

such attendance in any school year, the board of education of the  3,615        

school district in which the child's grandparent resides and the   3,616        

board of education of the school district in which the child's     3,618        

parent resides enter into a written agreement specifying that      3,620        

good cause exists for such attendance, describing the nature of    3,621        

this good cause, and consenting to such attendance.                3,622        

      In lieu of a consent form signed by a parent, a board of     3,624        

education may request the grandparent of a child attending school  3,625        

in the district in which the grandparent resides pursuant to       3,626        

division (F)(11) of this section to complete any consent form      3,627        

required by the district, including any authorization required by  3,628        

sections 3313.712, 3313.713, and 3313.716 of the Revised Code.     3,629        

Upon request, the grandparent shall complete any consent form      3,630        

required by the district.  A school district shall not incur any   3,631        

                                                          81     


                                                                 
liability solely because of its receipt of a consent form from a   3,632        

grandparent in lieu of a parent.                                   3,633        

      Division (F)(11) of this section does not create, and shall  3,636        

not be construed as creating, a new cause of action or             3,637        

substantive legal right against a school district, a member of a   3,638        

board of education, or an employee of a school district.  This     3,639        

section does not affect, and shall not be construed as affecting,  3,640        

any immunities from defenses to tort liability created or          3,641        

recognized by Chapter 2744. of the Revised Code for a school       3,642        

district, member, or employee.                                                  

      (12)  A child under the age of twenty-two years is entitled  3,645        

to attend school in a school district other than the district in                

which the child is entitled to attend school under division (B),   3,647        

(C), or (E) of this section provided that, prior to such           3,649        

attendance in any school year, both of the following occur:        3,650        

      (a)  The superintendent of the district in which the child   3,652        

is entitled to attend school under division (B), (C), or (E) of    3,655        

this section contacts the superintendent of another district for                

purposes of this division;                                         3,657        

      (b)  The superintendents of both districts enter into a      3,660        

written agreement that consents to the attendance and specifies                 

that the purpose of such attendance is to protect the student's    3,662        

physical or mental well-being or to deal with other extenuating    3,663        

circumstances deemed appropriate by the superintendents.                        

      While an agreement is in effect under this division for a    3,665        

student who is not receiving special education under Chapter       3,666        

3323. of the Revised Code and notwithstanding Chapter 3327. of     3,667        

the Revised Code, the board of education of neither school         3,668        

district involved in the agreement is required to provide          3,669        

transportation for the student to and from the school where the    3,670        

student attends.                                                                

      A student attending a school of a district pursuant to this  3,672        

division shall be allowed to participate in all student            3,673        

activities, including interscholastic athletics, at the school     3,674        

                                                          82     


                                                                 
where the student is attending on the same basis as any student    3,675        

who has always attended the schools of that district while of      3,676        

compulsory school age.                                                          

      (G)  A board of education, after approving admission, may    3,678        

waive tuition for students who will temporarily reside in the      3,679        

district and who are either of the following:                      3,680        

      (1)  Residents or domiciliaries of a foreign nation who      3,682        

request admission as foreign exchange students;                    3,683        

      (2)  Residents or domiciliaries of the United States but     3,685        

not of Ohio who request admission as participants in an exchange   3,686        

program operated by a student exchange organization.               3,687        

      (H)  Pursuant to sections 3311.211, 3313.90, 3319.01,        3,689        

3323.04, 3327.04, and 3327.06 of the Revised Code, a child may     3,690        

attend school or participate in a special education program in a   3,691        

school district other than in the district where the child is      3,692        

entitled to attend school under division (B) of this section.      3,693        

      (I)  This division does not apply to a child receiving       3,695        

special education.                                                 3,696        

      A school district required to pay tuition pursuant to        3,698        

division (C)(2) or (3) of this section or section 3313.65 of the   3,699        

Revised Code shall have an amount deducted under division (F) of   3,701        

section 3317.023 of the Revised Code equal to its own tuition      3,702        

rate for the same period of attendance.  A school district         3,703        

entitled to receive tuition pursuant to division (C)(2) or (3) of  3,704        

this section or section 3313.65 of the Revised Code shall have an  3,705        

amount credited under division (F) of section 3317.023 of the      3,707        

Revised Code equal to its own tuition rate for the same period of  3,708        

attendance.  If the tuition rate credited to the district of       3,709        

attendance exceeds the rate deducted from the district required    3,710        

to pay tuition, the department of education shall pay the          3,711        

district of attendance the difference from amounts deducted from   3,712        

all districts' payments under division (F) of section 3317.023 of  3,714        

the Revised Code but not credited to other school districts under  3,715        

such division and from appropriations made for such purpose.  The  3,716        

                                                          83     


                                                                 
treasurer of each school district shall, by the fifteenth day of   3,717        

January and July, furnish the superintendent of public             3,718        

instruction a report of the names of each child who attended the   3,719        

district's schools under divisions (C)(2) and (3) of this section  3,720        

or section 3313.65 of the Revised Code during the preceding six    3,721        

calendar months, the duration of the attendance of those           3,722        

children, the school district responsible for tuition on behalf    3,723        

of the child, and any other information that the superintendent    3,724        

requires.                                                          3,725        

      Upon receipt of the report the superintendent, pursuant to   3,727        

division (F) of section 3317.023 of the Revised Code, shall        3,728        

deduct each district's tuition obligations under divisions (C)(2)  3,729        

and (3) of this section or section 3313.65 of the Revised Code     3,730        

and pay to the district of attendance that amount plus any amount  3,731        

required to be paid by the state.                                  3,732        

      (J)  In the event of a disagreement, the superintendent of   3,734        

public instruction shall determine the school district in which    3,735        

the parent resides.                                                3,736        

      (K)  Nothing in this section requires or authorizes, or      3,738        

shall be construed to require or authorize, the admission to a     3,739        

public school in this state of a pupil who has been permanently    3,740        

excluded from public school attendance by the superintendent of    3,741        

public instruction pursuant to sections 3301.121 and 3313.662 of   3,742        

the Revised Code.                                                  3,743        

      Sec. 4112.12.  (A)  There is hereby created the commission   3,752        

on African-American males, which shall consist of not more than    3,753        

forty-one members as follows:  the directors or their designees    3,754        

of the departments of health, development, alcohol and drug        3,755        

addiction services, human JOB AND FAMILY services, rehabilitation  3,757        

and correction, mental health, and youth services; the             3,758        

administrator or the administrator's designee of the bureau of     3,759        

employment services; the adjutant general or the adjutant          3,761        

general's designee; the equal employment opportunity officer of    3,762        

the department of administrative services or the equal employment  3,764        

                                                          84     


                                                                 
opportunity officer's designee; the executive director or the      3,765        

executive director's designee of the Ohio civil rights             3,766        

commission; the director or the director's designee of the office  3,769        

of criminal justice services; the superintendent of public                      

instruction; the chancellor or the chancellor's designee of the    3,771        

Ohio board of regents; two members of the house of                 3,772        

representatives appointed by the speaker of the house of           3,773        

representatives; three members of the senate appointed by the      3,774        

president of the senate; and not more than twenty-two              3,775        

TWENTY-THREE members appointed by the governor.  The members       3,776        

appointed by the governor shall include AN ADDITIONAL MEMBER OF    3,777        

THE GOVERNOR'S CABINET AND at least one representative of each of  3,779        

the following:  the national association for the advancement of    3,780        

colored people; the urban league; an organization representing     3,781        

black elected officials; an organization representing black        3,782        

attorneys; the black religious community; the black business       3,783        

community; the nonminority business community; and organized       3,784        

labor; at least one black medical doctor, one black elected        3,785        

member of a school board, and one black educator; and at least     3,786        

two representatives of local private industry councils.  The       3,787        

remaining members that may be appointed by the governor shall be   3,788        

selected from elected officials, civic and community leaders, and  3,789        

representatives of the employment, criminal justice, education,    3,790        

and health communities.                                                         

      (B)  Terms of office shall be for three years, with each     3,794        

term ending on the same day of the same month as did the term      3,795        

that it succeeds.  Each member shall hold office from the date of  3,796        

appointment until the end of the term for which the member was     3,797        

appointed.  Members may be reappointed.  Vacancies shall be        3,798        

filled in the manner provided for original appointments.  Any                   

member appointed to fill a vacancy occurring prior to the          3,799        

expiration date of the term for which the member's predecessor     3,801        

was appointed shall hold office as a member for the remainder of                

that term.  A member shall continue in office subsequent to the    3,802        

                                                          85     


                                                                 
expiration date of the member's term until the member's successor  3,804        

takes office or until a period of sixty days has elapsed,          3,805        

whichever occurs first.                                                         

      The commission annually shall elect a chairperson from       3,808        

among its members.                                                              

      (C)  Members of the commission and members of subcommittees  3,810        

appointed under division (B) of section 4112.13 of the Revised     3,811        

Code shall not be compensated, but shall be reimbursed for their   3,812        

necessary and actual expenses incurred in the performance of       3,813        

their official duties.                                             3,814        

      (D)(1)  The Ohio civil rights commission shall serve as the  3,817        

commission on African-American males' fiscal agent and shall       3,819        

perform all of the following services:                                          

      (a)  Prepare and process payroll and other personnel         3,821        

documents that the commission on African-American males approves;  3,822        

      (b)  Maintain ledgers of accounts and reports of account     3,824        

balances, and monitor budgets and allotment plans in consultation  3,825        

with the commission on African-American males;                     3,826        

      (c)  Perform other routine support services that the         3,828        

executive director of the Ohio civil rights commission or the      3,830        

executive director's designee and the Commission on                3,831        

African-American males or its designee consider appropriate to     3,832        

achieve efficiency.                                                             

      (2)  The Ohio civil rights commission shall not approve any  3,834        

payroll or other personnel-related documents or any biennial       3,835        

budget, grant, expenditure, audit, or fiscal-related document      3,836        

without the advice and consent of the commission on                3,837        

African-American males.                                            3,839        

      (3)  The Ohio civil rights commission shall determine fees   3,841        

to be charged to the commission on African-American males for      3,842        

services performed under this division, which shall be in          3,843        

proportion to the services performed for the commission on         3,844        

African-American males.                                            3,845        

      (4)  The commission on African-American males or its         3,847        

                                                          86     


                                                                 
designee has:                                                      3,849        

      (a)  Sole authority to draw funds for any federal program    3,852        

in which the commission is authorized to participate;              3,853        

      (b)  Sole authority to expend funds from accounts for        3,855        

programs and any other necessary expenses the commission on        3,856        

African-American males may incur;                                  3,858        

      (c)  The duty to cooperate with the Ohio civil rights        3,860        

commission to ensure that the Ohio civil rights commission is      3,861        

fully apprised of all financial transactions.                      3,862        

      (E)  The commission on African-American males shall appoint  3,864        

an executive director, who shall be in the unclassified civil      3,865        

service.  The executive director shall supervise the commission's  3,866        

activities and report to the commission on the progress of those   3,867        

activities.  The executive director shall do all things necessary  3,868        

for the efficient and effective implementation of the duties of    3,869        

the commission.                                                    3,870        

      The responsibilities assigned to the executive director do   3,872        

not relieve the members of the commission from final               3,873        

responsibility for the proper performance of the requirements of   3,874        

this division.                                                                  

      (F)  The commission on African-American males shall:         3,877        

      (1)  Employ, promote, supervise, and remove all employees,   3,879        

as needed, in connection with the performance of its duties under  3,880        

this section;                                                      3,881        

      (2)  Maintain its office in Columbus;                        3,883        

      (3)  Acquire facilities, equipment, and supplies necessary   3,885        

to house the commission, its employees, and files and records      3,886        

under its control, and to discharge any duty imposed upon it by    3,887        

law.  The expense of these acquisitions shall be audited and paid  3,888        

for in the same manner as other state expenses.                    3,889        

      (4)  Prepare and submit to the office of budget and          3,891        

management a budget for each biennium in accordance with sections  3,892        

101.55 and 107.03 of the Revised Code.  The budget submitted       3,893        

shall cover the costs of the commission and its staff in the       3,894        

                                                          87     


                                                                 
discharge of any duty imposed upon the commission by law.  The     3,895        

commission shall pay its own payroll and other operating expenses  3,896        

from appropriation items designated by the general assembly.  The  3,897        

commission shall not delegate any authority to obligate funds.     3,898        

      (5)  Establish the overall policy and management of the      3,900        

commission in accordance with this chapter;                        3,901        

      (6)  Follow all state procurement requirements;              3,903        

      (7)  Pay fees owed to the Ohio civil rights commission       3,905        

under division (D) of this section from the commission on          3,906        

African-American males' general revenue fund or from any other     3,908        

fund from which the operating expenses of the commission on        3,909        

African-American males are paid.  Any amounts set aside for a      3,911        

fiscal year for the payment of such fees shall be used only for    3,912        

the services performed for the commission on African-American      3,913        

males by the Ohio civil rights commission in that fiscal year.     3,914        

      (G)  The commission on African-American males may:           3,917        

      (1)  Hold sessions at any place within the state;            3,919        

      (2)  Establish, change, or abolish positions, and assign     3,921        

and reassign duties and responsibilities of any employee of the    3,922        

commission on African-American males as necessary to achieve the   3,923        

most efficient performance of its functions.                       3,924        

      Sec. 4141.04.  The Ohio state employment service is hereby   3,933        

established as a division of the bureau of employment DIRECTOR OF  3,934        

JOB AND FAMILY services and shall establish and maintain free OR   3,936        

ENSURE THE EXISTENCE OF public employment offices THAT ARE FREE    3,938        

TO THE GENERAL PUBLIC.  THESE OFFICES SHALL EXIST in such number   3,939        

and in such places as are necessary for the proper administration  3,940        

of sections 4141.01 to 4141.46 of the Revised Code THIS CHAPTER,   3,941        

to perform such duties as are within the purview of the act of     3,943        

congress entitled "an act to provide for the establishment of a    3,944        

national employment system and for cooperation with the states in  3,945        

the promotion of such system, and for other purposes," approved    3,946        

June 6, 1933, as amended, WHICH IS KNOWN AS THE "WAGNER-PEYSER     3,947        

ACT."  The division shall be administered by a full-time salaried  3,949        

                                                          88     


                                                                 
director, who shall cooperate with any official or agency of the   3,950        

United States having powers or duties under said THAT act of       3,951        

congress and shall do and perform all things necessary to secure   3,953        

to this state the benefits of said THAT act of congress in the     3,954        

promotion and maintenance of a system of public employment         3,956        

offices.  Said THAT act of congress is hereby accepted by this     3,958        

state, in conformity with sections 4141.23 to 4141.26 of the       3,959        

Revised Code THAT ACT OF CONGRESS AND TITLE III OF THE "SOCIAL     3,960        

SECURITY ACT," AND THE "FEDERAL UNEMPLOYMENT TAX ACT," 26          3,962        

U.S.C.A. 3301, AS AMENDED, and this state will observe and comply  3,963        

with the requirements thereof.  The Ohio state employment service  3,964        

DEPARTMENT OF JOB AND FAMILY SERVICES is hereby designated and     3,965        

constituted the agency of this state for the purposes of said      3,966        

THAT act OF CONGRESS.                                              3,967        

      The administrator of the bureau of employment services       3,969        

DIRECTOR may cooperate with or enter into agreements with the      3,971        

railroad retirement board with respect to the establishment,       3,972        

maintenance, and use of free employment service facilities THAT    3,973        

ARE FREE TO THE GENERAL PUBLIC.  The administrator shall appoint   3,975        

the director, other officers, and employees of the Ohio state      3,976        

employment service.  Such appointment shall be made in accordance  3,977        

with regulations prescribed by the director of the United States   3,978        

employment service.                                                             

      All moneys received by this state under said THE act of      3,980        

congress KNOWN AS THE WAGNER-PEYSER ACT shall be paid into the     3,983        

special employment service account in the unemployment             3,984        

compensation administration fund, and said THOSE moneys are        3,985        

hereby made available to the Ohio state employment service         3,986        

DIRECTOR to be expended as provided by this section and by said    3,988        

THAT act of congress.  For the purpose of establishing and         3,989        

maintaining free public employment offices THAT ARE FREE TO THE    3,990        

GENERAL PUBLIC, the division DIRECTOR may enter into agreements    3,992        

with the railroad retirement board or any other agency of the      3,993        

United States charged with the administration of an unemployment   3,994        

                                                          89     


                                                                 
compensation law, with any political subdivision of this state,    3,995        

or with any private, nonprofit organization and as a part of any   3,996        

such agreement the administrator DIRECTOR may accept moneys,       3,997        

services, or quarters as a contribution to the employment service  3,999        

account.                                                                        

      THE DIRECTOR SHALL MAINTAIN LABOR MARKET INFORMATION AND     4,001        

EMPLOYMENT STATISTICS AS NECESSARY FOR THE ADMINISTRATION OF THIS  4,002        

CHAPTER.                                                                        

      The administrator of the bureau of employment services       4,004        

DIRECTOR shall appoint an individual from the employment service   4,005        

division EMPLOYEE OF THE DEPARTMENT to serve as an ex officio      4,007        

member of the governor's council to maintain a liaison between     4,008        

the bureau of employment services DEPARTMENT and the governor's    4,010        

council on people with disabilities.                                            

      Sec. 4141.042.  (A)  There is created within the bureau of   4,019        

employment services a women's division, whose THE director OF JOB  4,021        

AND FAMILY SERVICES shall be appointed by the administrator.       4,022        

      (B)  The women's division shall TAKE AFFIRMATIVE STEPS TO    4,024        

promote programs to improve the employment competencies AND        4,026        

UPWARD MOBILITY of women and to enhance their employment           4,028        

opportunities, giving.  THE DIRECTOR SHALL PLACE particular        4,029        

attention to EMPHASIS ON education, child care, labor conditions,  4,030        

equality of entrance requirements, and eligibility for promotion.  4,031        

In pursuance thereof, the division DIRECTOR shall:                 4,032        

      (1)(A)  Serve as a clearinghouse for information;            4,034        

      (2)(B)  Assist state and local government agencies           4,036        

WORKFORCE DEVELOPMENT PROVIDERS in improving the employment        4,038        

competencies of and opportunities for women.                       4,039        

      (C)  The division also may:                                  4,041        

      (1)  Conduct studies and research on subjects related to     4,043        

its functions and responsibilities;                                4,044        

      (2)(C)  Evaluate and make recommendations to the             4,046        

administrator DIRECTOR regarding legislation affecting the         4,048        

employment competencies of and opportunities for women.            4,049        

                                                          90     


                                                                 
      Sec. 4141.046.  No compensation or fee, either directly or   4,058        

indirectly, shall be charged or received from any person seeking   4,059        

employment or any person desiring to employ labor through a free   4,060        

public employment office DESCRIBED IN SECTION 4141.04 OF THE       4,061        

REVISED CODE.  No officer or employee of the Ohio state            4,063        

employment service PERSON shall violate this section.              4,064        

      Sec. 4141.06.  There is hereby created an unemployment       4,073        

compensation review commission consisting of three full-time       4,074        

members appointed by the governor, with the advice and consent of  4,075        

the senate.  Terms of office shall be staggered and shall be for   4,076        

six years, commencing on the twenty-eighth day of February and     4,078        

ending on the twenty-seventh day of February.  Each member shall   4,079        

hold office from the date of appointment until the end of the      4,080        

term for which the member was appointed.  Any member appointed to  4,081        

fill a vacancy occurring prior to the expiration of the term for   4,082        

which the member's predecessor was appointed shall hold office     4,083        

for the remainder of such term.  Any member shall continue in      4,084        

office subsequent to the expiration date of the member's term      4,085        

until the member's successor takes office, or until a period of    4,086        

sixty days has elapsed, whichever occurs first.  The chairperson   4,087        

of the commission and each member shall be paid a salary fixed                  

pursuant to section 124.14 of the Revised Code.  The governor, at  4,089        

any time, may remove any member for inefficiency, neglect of                    

duty, malfeasance, misfeasance, or nonfeasance in office.          4,090        

      Not more than one of the appointees to the commission shall  4,092        

be a person who, on account of the appointee's previous vocation,  4,093        

employment, or affiliations, can be classed as a representative    4,094        

of employers, and not more than one of the appointees shall be a   4,095        

person who, on account of the appointee's previous vocation,       4,096        

employment, or affiliations, can be classed as a representative    4,097        

of employees.  Not more than two of the members of the commission  4,098        

shall belong to the same political party.  No member of the        4,099        

commission shall hold any position of trust or profit or engage    4,100        

in any occupation or business interfering or inconsistent with     4,101        

                                                          91     


                                                                 
the member's duties as a member and no member shall serve on any   4,102        

committee of any political party.  The commission shall elect a    4,103        

chairperson and a vice-chairperson.  The vice-chairperson shall    4,104        

exercise the powers of the chairperson in the chairperson's        4,105        

absence.                                                                        

      No commission member shall participate in the disposition    4,107        

of any appeal in which the member has an interest in the           4,108        

controversy.  Challenges to the interest of any commission member  4,110        

may be made by any interested party defined in division (I) of     4,111        

section 4141.01 of the Revised Code and shall be in writing.  All  4,112        

challenges shall be decided by the chairperson of the advisory     4,113        

council, who, if the challenge is found to be well taken, shall    4,114        

advise the governor, who shall appoint a member of the advisory    4,115        

council representing the same affiliations to act and receive the  4,116        

same compensation for serving in place of such member.             4,117        

      The commission may appoint a secretary to hold office at     4,119        

its pleasure.  The secretary shall have such powers and shall      4,121        

perform such duties as the commission prescribes and shall keep a  4,122        

record of the proceedings of the commission and of its             4,123        

determinations.  The secretary shall receive a salary fixed        4,125        

pursuant to section 124.14 of the Revised Code.  Notwithstanding                

division (A)(8) of section 124.11 of the Revised Code, each        4,127        

member of the commission may appoint a private secretary who       4,128        

shall be in the classified service of the state and hold office    4,129        

at the pleasure of such member.                                    4,130        

      Two members of the commission constitute a quorum and no     4,132        

action of the commission is valid unless it has the concurrence    4,133        

of at least two members.  A vacancy on the commission does not     4,134        

impair the right of a quorum to exercise all the rights and        4,135        

perform all the duties of the commission.                          4,136        

      Hearings before the commission are held at the hearing       4,138        

officer level and the review level.  Unless otherwise provided in  4,139        

this chapter, initial hearings involving claims for compensation   4,140        

and other unemployment compensation issues are conducted at the    4,141        

                                                          92     


                                                                 
hearing officer level by hearing officers appointed by the         4,142        

commission.  Hearings at the review level are conducted by         4,143        

hearing officers appointed by the commission, by members of the    4,144        

commission acting either individually or collectively, and by      4,145        

members of the commission and hearing officers acting jointly.     4,146        

In all hearings conducted at the review level, the commission      4,147        

shall designate the hearing officer or officers who are to                      

conduct the hearing.  When the term "hearing officer" is used in   4,148        

reference to hearings conducted at the review level, the term      4,149        

includes members of the commission.  All decisions issued at the   4,150        

review level are issued by the commission.                                      

      The commission and its hearing officers shall hear appeals   4,152        

arising from determinations of the administrator DIRECTOR of the   4,153        

bureau of employment JOB AND FAMILY services involving claims for  4,155        

compensation and other unemployment compensation issues.  The      4,156        

commission shall adopt, amend, or rescind rules of procedure, and  4,158        

undertake such investigations, and take such action required for   4,159        

the hearing and disposition of appeals as it deems necessary and   4,160        

consistent with sections 4141.01 to 4141.46 of the Revised Code    4,161        

THIS CHAPTER.  The rules adopted by the commission shall be        4,162        

effective to the extent that the rules are consistent with such    4,163        

sections THIS CHAPTER.                                             4,164        

      The commission, subject to Chapter 124. of the Revised       4,166        

Code, and with the approval of the governor, shall appoint such    4,167        

hearing officers as are necessary.  The hearing officers shall be  4,169        

classified by the department of administrative services.  Any      4,171        

promotions or increases in compensation of the hearing officers    4,173        

may be recommended by the commission subject to classifications    4,174        

which are made by the department OF ADMINISTRATIVE SERVICES.  The  4,175        

members of the commission and hearing officers may conduct         4,177        

hearings for unemployment compensation appeals coming before the   4,178        

commission.  The members and hearing officers may exercise all     4,179        

powers provided by section 4141.17 of the Revised Code.            4,181        

      The commission, subject to Chapter 124. of the Revised       4,183        

                                                          93     


                                                                 
Code, may employ such support personnel as are needed to carry     4,186        

out the duties of the commission.  The salaries of such employees  4,187        

are fixed pursuant to section 124.14 of the Revised Code.  The     4,189        

commission shall further provide itself and its employees with     4,190        

such offices, equipment, and supplies as are necessary, using      4,191        

those already provided for the central office of the bureau or     4,192        

its branch offices DEPARTMENT OF JOB AND FAMILY SERVICES wherever  4,193        

possible.                                                          4,194        

      The commission shall have access to all ONLY the records of  4,196        

the bureau DEPARTMENT of employment JOB AND FAMILY services THAT   4,198        

ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER AND needed    4,199        

in the performance of its official duties.  The commission shall   4,200        

have the right to request of the administrator DIRECTOR necessary  4,201        

information from any division WORK UNIT of the bureau DEPARTMENT   4,203        

having that information.                                                        

      The commission shall prepare and submit to the               4,205        

administrator DIRECTOR an annual budget financing the costs        4,207        

necessary to administer its duties under this chapter.  The fund   4,208        

request shall relate to, but not be limited to, the United States  4,209        

department of labor's allocations for the commission's functions.  4,210        

The administrator DIRECTOR shall approve the commission's request  4,212        

unless funds are insufficient to finance the request.  The         4,213        

administrator DIRECTOR shall notify the commission of the amount   4,215        

of funds available for its operation, as soon as possible, but     4,216        

not later than thirty days after receiving the allocation from     4,217        

the United States department of labor.                                          

      In the event that the administrator DIRECTOR determines      4,219        

that sufficient funds are not available to approve the request as  4,220        

submitted and a revised budget is not agreed to within thirty      4,221        

days of the administrator's DIRECTOR'S notification to the         4,222        

commission, the director of budget and management shall review     4,224        

and determine the funding levels for the commission and notify     4,225        

the commission and the administrator DIRECTOR of its THE           4,226        

determination BY THE DIRECTOR OF BUDGET AND MANAGEMENT.            4,227        

                                                          94     


                                                                 
      Sec. 4141.08.  (A)  There is hereby created an unemployment  4,236        

compensation advisory council appointed as follows:                4,237        

      (1)  Three members who on account of their vocation,         4,239        

employment, or affiliations can be classed as representative of    4,240        

employers and three members who on account of their vocation,      4,241        

employment, or affiliation can be classed as representatives of    4,242        

employees appointed by the governor with the advice and consent    4,243        

of the senate.  All appointees shall be persons whose training     4,244        

and experience qualify them to deal with the difficult problems    4,245        

of unemployment compensation, particularly with respect to the     4,246        

legal, accounting, actuarial, economic, and social aspects of      4,247        

unemployment compensation;                                         4,248        

      (2)  The chairpersons of the standing committees of the      4,250        

senate and the house of representatives to which legislation       4,251        

pertaining to Chapter 4141. of the Revised Code is customarily     4,252        

referred;                                                                       

      (3)  Two members of the senate appointed by the president    4,254        

of the senate; and                                                 4,255        

      (4)  Two members of the house of representatives appointed   4,258        

by the speaker of the house of representatives.                                 

      The speaker and the president shall arrange that of the six  4,260        

legislative members appointed to the council, not more than three  4,262        

are members of the same political party.                                        

      (B)  Members appointed by the governor shall serve for a     4,264        

term of four years, each term ending on the same day as the date   4,265        

of their original appointment.  Legislative members shall serve    4,266        

during the session of the general assembly to which they are       4,267        

elected and for as long as they are members of the general         4,268        

assembly.  Vacancies shall be filled in the same manner as the     4,269        

original appointment but only for the unexpired part of a term.    4,270        

      (C)  Members of the council shall serve without salary but,  4,273        

notwithstanding section 101.26 of the Revised Code, shall be paid  4,274        

fifty dollars per day each and their actual and necessary                       

expenses while engaged in the performance of their duties as       4,275        

                                                          95     


                                                                 
members of the council which shall be paid from funds allocated    4,277        

to pay the expenses of the council pursuant to this section.       4,279        

      (D)  The council shall organize itself and select a          4,281        

chairperson or co-chairpersons and other officers and committees   4,283        

as it considers necessary.  Seven members constitute a quorum and  4,284        

the council may act only upon the affirmative vote of seven        4,285        

members.  The council shall meet at least once each calendar       4,286        

quarter but it may meet more often as the council considers        4,287        

necessary or at the request of the chairperson.                    4,288        

      (E)  The council may employ professional and clerical        4,290        

assistance as it considers necessary and may request of the        4,291        

administrator DIRECTOR of the bureau of employment JOB AND FAMILY  4,293        

services assistance as it considers necessary.  The administrator  4,294        

DIRECTOR shall furnish the council with office and meeting space   4,296        

as requested by the council.                                       4,297        

      (F)  The administrator DIRECTOR shall pay the operating      4,299        

expenses of the council as determined by the council from moneys   4,301        

in the unemployment compensation special administrative fund       4,302        

established in section 4141.11 of the Revised Code.                4,303        

      (G)  The council shall have access to ONLY the records of    4,305        

the bureau DEPARTMENT of employment JOB AND FAMILY services THAT   4,308        

ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER and to the    4,309        

reasonable services of the employees of the bureau DEPARTMENT.     4,310        

It may request the administrator DIRECTOR, or any of the           4,312        

employees appointed by the administrator DIRECTOR, or any          4,313        

employer or employee subject to Chapter 4141. of the Revised Code  4,315        

THIS CHAPTER, to appear before it and to testify relative to the   4,316        

functioning of such sections THIS CHAPTER and to other relevant    4,317        

matters.  The council may conduct research of its own, make and    4,319        

publish reports, and recommend to the administrator DIRECTOR, the  4,320        

unemployment compensation review commission, the governor, or the  4,322        

general assembly needed changes in Chapter 4141. of the Revised    4,323        

Code THIS CHAPTER, or in the rules of the bureau DEPARTMENT as it  4,325        

considers necessary.                                                            

                                                          96     


                                                                 
      Sec. 4141.10.  (A)  There is hereby created the              4,334        

unemployment compensation administration fund as a special fund    4,335        

in the state treasury.  All moneys which THAT are deposited or     4,336        

paid into this fund are available to the bureau DIRECTOR of        4,338        

employment JOB AND FAMILY services ONLY FOR THE ADMINISTRATION OF  4,340        

THIS CHAPTER.  All moneys in this fund which THAT are received     4,341        

from the United States or any agency thereof or which THAT are     4,343        

appropriated by this state for the purposes described in section   4,345        

4141.04 of the Revised Code, shall be expended solely for the      4,346        

purposes and in the amounts found necessary by the proper agency   4,347        

of the United States for the proper and efficient administration   4,348        

of sections 4141.01 to 4141.46, inclusive, of the Revised Code     4,349        

THIS CHAPTER.  The fund shall consist of all moneys appropriated   4,351        

by this state, and all moneys received from the United States or   4,352        

any agency thereof, including the proper agency of the United      4,353        

States, the railroad retirement board, and the United States       4,354        

employment service DEPARTMENT OF LABOR, or from any other source,  4,356        

for such purpose, except that moneys received from the railroad    4,357        

retirement board as compensation for services or facilities        4,358        

supplied to said THAT board shall be paid into this fund or the    4,360        

special employment service account thereof, provided for in                     

division (B) of this section, on the same basis as expenditures    4,361        

are made for such services or facilities from such fund and        4,362        

account.  All moneys in this fund shall be deposited,              4,363        

administered, and disbursed in the same manner and under the same  4,364        

conditions and requirements as are other special funds in the      4,365        

state treasury.  The treasurer of state is liable on his THE       4,366        

TREASURER OF STATE'S official bond for the faithful performance    4,368        

of his THE TREASURER OF STATE'S duties in connection with this     4,370        

fund.  Any balances in this fund shall not lapse at any time, but  4,371        

shall be continuously available to the bureau DIRECTOR for         4,372        

expenditure.                                                                    

      (B)  A special employment service account shall be           4,374        

maintained as a part of the fund for the purpose of maintaining    4,375        

                                                          97     


                                                                 
the public employment offices established pursuant to section      4,376        

4141.04 of the Revised Code and for the purpose of co-operating    4,377        

with the United States employment service.                         4,378        

      (C)  If any moneys received after June 30, 1941, from the    4,380        

proper agency of the United States under title TITLE III of the    4,382        

"Social Security Act," or any unencumbered balances in the fund    4,383        

as of that date, or any moneys granted after that date to this     4,384        

state pursuant to the Wagner-Peyser acts, or any moneys made       4,385        

available by this state or its political subdivisions and matched  4,386        

by such moneys granted to this state pursuant to the               4,387        

Wagner-Peyser acts are found by the proper agency of the United    4,388        

States because of any action or contingency, to have been lost or  4,389        

expended for purposes other than, or in amounts in excess of,      4,390        

those found necessary by the proper agency of the United States    4,391        

for the proper administration of sections 4141.01 to 4141.46,      4,392        

inclusive, of the Revised Code THIS CHAPTER, such moneys shall be  4,393        

replaced by moneys appropriated for such purpose from the general  4,395        

funds of this state to the unemployment compensation               4,396        

administration fund for expenditure as provided in division (A)    4,397        

of this section.  Upon receipt of notice of such a finding by the  4,398        

proper agency of the United States, the administrator of the       4,399        

bureau of employment services DIRECTOR shall promptly report the   4,400        

amount required for such replacement to the governor and the       4,402        

governor shall at the earliest opportunity submit to the general   4,403        

assembly a request for the appropriation of such amount.           4,404        

Division (C) of this section does not relieve this state of its    4,405        

obligation with respect to funds received prior to July 1, 1941,   4,406        

pursuant to title III of the "Social Security Act."                4,407        

      Sec. 4141.13.  In addition to all other duties imposed on    4,416        

the administrator DIRECTOR of the bureau of employment JOB AND     4,418        

FAMILY services and powers granted by this chapter, the            4,420        

administrator DIRECTOR may:                                        4,421        

      (A)  Adopt and enforce reasonable rules relative to the      4,423        

exercise of the administrator's DIRECTOR'S powers and authority,   4,424        

                                                          98     


                                                                 
and proper rules to govern the administrator's DIRECTOR'S          4,426        

proceedings and to regulate the mode and manner of all             4,428        

investigations and hearings;                                       4,429        

      (B)  Prescribe the time, place, and manner of making claims  4,431        

for benefits under such sections, the kind and character of        4,432        

notices required thereunder, the procedure for investigating,      4,433        

hearing, and deciding claims, the nature and extent of the proofs  4,434        

and evidence and the method of furnishing and taking such proofs   4,435        

and evidence to establish the right to benefits, and the method    4,436        

and time within which adjudication and awards shall be made;       4,437        

      (C)  Adopt rules with respect to the collection,             4,439        

maintenance, and disbursement of the unemployment and              4,440        

administrative funds;                                              4,441        

      (D)  Amend and modify any of the administrator's DIRECTOR'S  4,443        

rules from time to time in such respects as the administrator      4,446        

DIRECTOR finds necessary or desirable;                             4,447        

      (E)  Employ, subject to Chapter 124. of the Revised Code,    4,449        

secretaries, deputies, accountants, managers of district offices,  4,450        

clerks, stenographers, and other assistants that are required for  4,451        

the administration of this chapter, sections 4101.25 to 4101.30    4,453        

and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of    4,454        

the Revised Code, and determine their salaries and duties;         4,455        

provided that notwithstanding Chapter 124. of the Revised Code,    4,456        

no provisional appointments shall extend for a period of more      4,457        

than six months, except that for the duration of the war           4,458        

emergency such provisional appointments may be extended upon       4,459        

compliance with the personnel standards of the proper agency of    4,460        

the United States relating thereto, and such six months            4,461        

limitation does not apply to the appointment of employees engaged  4,462        

in the physical maintenance of buildings occupied by the bureau    4,463        

of employment services; AUTHORIZE A DESIGNEE TO HOLD OR UNDERTAKE  4,464        

AN INVESTIGATION, INQUIRY, OR HEARING THAT THE DIRECTOR IS         4,465        

AUTHORIZED TO HOLD OR UNDERTAKE.  AN ORDER OF A DESIGNEE           4,466        

AUTHORIZED PURSUANT TO THIS SECTION IS THE ORDER OF THE DIRECTOR.  4,467        

                                                          99     


                                                                 
      (F)  Appoint advisors or advisory employment committees, by  4,469        

local districts or by industries, who shall, without compensation  4,470        

but with reimbursements for necessary expenses, assist the         4,471        

administrator DIRECTOR in the execution of the administrator's     4,473        

DIRECTOR'S duties;                                                 4,474        

      (G)  Require all employers, including employers not          4,476        

otherwise subject to this chapter, to furnish to the               4,477        

administrator DIRECTOR information concerning the amount of wages  4,479        

paid, the number of employees employed and the regularity of       4,480        

their employment, the number of employees hired, laid off, and                  

discharged from time to time and the reasons therefor and the      4,481        

numbers that quit voluntarily, and other and further information   4,482        

respecting any other facts required for the proper administration  4,483        

of this chapter;                                                   4,484        

      (H)  Classify generally industries, businesses,              4,486        

occupations, and employments, and employers individually, as to    4,487        

the hazard of unemployment in each business, industry,             4,488        

occupation, or employment, and as to the particular hazard of      4,489        

each employer, having special reference to the conditions of       4,490        

regularity and irregularity of the employment provided by such     4,491        

employer and of the fluctuations in payrolls of such employer;     4,492        

      (I)  Determine the contribution rates upon employers         4,494        

subject to this chapter, and provide for the levy and collection   4,496        

of the contributions from such employers;                          4,497        

      (J)  Receive, hear, and decide claims for unemployment       4,499        

benefits, and provide for the payment of such claims as are        4,500        

allowed;                                                           4,501        

      (K)  Promote the regularization of employment and the        4,503        

prevention of unemployment;                                        4,504        

      (L)  Encourage and assist in the adoption of practical       4,506        

methods of vocational training, retraining, and vocational         4,507        

guidance;                                                          4,508        

      (M)  Investigate, recommend, and advise and assist in the    4,510        

establishment and operation by municipal corporations, counties,   4,511        

                                                          100    


                                                                 
school districts, and the state of prosperity reserves of public   4,512        

work to be prosecuted in times of business depression and          4,513        

unemployment;                                                      4,514        

      (N)  Promote the re-employment of unemployed workers         4,516        

throughout the state in any other way that may be feasible, and    4,517        

take all appropriate steps within the administrator's DIRECTOR'S   4,518        

means to reduce and prevent unemployment;                          4,521        

      (O)  Carry on and publish the results of any investigations  4,523        

and research that the administrator DIRECTOR deems relevant;       4,524        

      (P)  Make such reports to the proper agency of the United    4,526        

States created by the "Social Security Act" as that agency         4,527        

requires, and comply with such provisions as the agency finds      4,528        

necessary to assure the correctness and verification of such       4,529        

reports;                                                           4,530        

      (Q)  Make available upon request to any agency of the        4,532        

United States charged with the administration of public works or   4,533        

assistance through public employment the name, address, ordinary   4,534        

occupation, and employment status of each recipient of             4,535        

unemployment benefits under this chapter, and a statement of such  4,536        

recipient's rights to further benefits under this chapter;         4,539        

      (R)  Make such investigations, secure and transmit such      4,541        

information, make available such services and facilities, and      4,542        

exercise such of the other powers provided by this section with    4,543        

respect to the administration of this chapter, as the              4,544        

administrator DIRECTOR deems necessary or appropriate to           4,546        

facilitate the administration of the unemployment compensation     4,547        

law or public employment service laws of this state and of other   4,548        

states and the United States, and in like manner accept and        4,549        

utilize information, services, and facilities made available to    4,550        

this state by the agency charged with the administration of any    4,551        

such other unemployment compensation or public employment service  4,552        

laws;                                                              4,553        

      (S)  Enter into or cooperate in arrangements whereby         4,555        

facilities and services provided under the unemployment            4,556        

                                                          101    


                                                                 
compensation law of Canada may be utilized for the taking of       4,558        

claims and the payment of benefits under the unemployment          4,559        

compensation law of this state or under a similar law of Canada;   4,560        

      (T)  Transfer surplus computers and computer equipment       4,562        

directly to a chartered public school within the state,            4,563        

notwithstanding sections 125.12 to 125.14 of the Revised Code.     4,564        

The computers and computer equipment may be repaired or                         

refurbished prior to the transfer, and the public school may be    4,565        

charged a service fee not to exceed the direct cost of repair or   4,566        

refurbishing.                                                                   

      Sec. 4141.162.  (A)  The administrator DIRECTOR of the       4,575        

bureau of employment JOB AND FAMILY services shall establish an    4,577        

income and eligibility verification system that complies with      4,579        

section 1137 of the "Social Security Act."  The programs included  4,580        

in the system are ALL OF THE FOLLOWING:                            4,581        

      (1)  Unemployment compensation pursuant to section 3304 of   4,583        

the "Internal Revenue Code of 1954";                               4,584        

      (2)  The state programs funded in part under part A of       4,586        

Title IV of the "Social Security Act" and administered under       4,587        

Chapters 5107. and 5108. of the Revised Code;                      4,588        

      (3)  Medicaid pursuant to Title XIX of the "Social Security  4,591        

Act";                                                                           

      (4)  Food stamps pursuant to the "Food Stamp Act of 1977,"   4,593        

91 Stat. 958, 7 U.S.C.A. 2011, as amended;                         4,594        

      (5)  Any Ohio program under a plan approved under Title I,   4,596        

X, XIV, or XVI of the "Social Security Act."                       4,597        

      Wage information provided by employers to the bureau         4,599        

DIRECTOR shall be furnished to the income and eligibility          4,601        

verification system.  Such information shall be used by the        4,602        

bureau DIRECTOR to determine eligibility of individuals for        4,604        

unemployment compensation benefits and the amount of those         4,605        

benefits and used by the agencies that administer the programs     4,606        

identified in divisions (A)(2) to (5) of this section to           4,607        

determine or verify eligibility for or the amount of benefits      4,608        

                                                          102    


                                                                 
under those programs.                                                           

      The bureau DIRECTOR shall fully implement the use of wage    4,610        

information to determine eligibility for and the amount of         4,611        

unemployment compensation benefits by September 30, 1988.          4,612        

      Information furnished under the system shall also be made    4,614        

available to the appropriate state or local child support          4,615        

enforcement agency for the purposes of an approved plan under      4,616        

Title IV-D of the "Social Security Act" and to the appropriate     4,618        

federal agency for the purposes of Titles II and XVI of the        4,619        

"Social Security Act."                                                          

      (B)  The administrator DIRECTOR shall adopt rules as         4,621        

necessary under which the bureau of employment services, the       4,623        

department of human JOB AND FAMILY services, and other state       4,625        

agencies THAT the administrator DIRECTOR determines must           4,627        

participate in order to ensure compliance with section 1137 of     4,628        

the "Social Security Act" exchange information with each other or  4,629        

authorized federal agencies about individuals who are applicants   4,630        

for or recipients of benefits under any of the programs            4,631        

enumerated in division (A) of this section.  The rules shall       4,632        

extend to ALL OF THE FOLLOWING:                                                 

      (1)  A requirement for standardized formats and procedures   4,634        

for a participating agency to request and receive information      4,635        

about an individual, which information shall include the           4,636        

individual's social security number;                               4,637        

      (2)  A requirement that all applicants for and recipients    4,639        

of benefits under any program enumerated in division (A) of this   4,640        

section be notified at the time of application, and periodically   4,641        

thereafter, that information available through the system may be   4,642        

shared with agencies that administer other benefit programs and    4,643        

utilized in establishing or verifying eligibility or benefit       4,644        

amounts under the other programs enumerated in division (A) of     4,645        

this section;                                                      4,646        

      (3)  A requirement that information is made available only   4,648        

to the extent necessary to assist in the valid administrative      4,649        

                                                          103    


                                                                 
needs of the program receiving the information and is targeted     4,650        

for use in ways which are most likely to be productive in          4,651        

identifying and preventing ineligibility and incorrect payments;   4,652        

      (4)  A requirement that information is adequately protected  4,654        

against unauthorized disclosures for purposes other than to        4,655        

establish or verify eligibility or benefit amounts under the       4,656        

programs enumerated in division (A) of this section;               4,657        

      (5)  A requirement that a program providing information is   4,659        

reimbursed by the program using the information for the actual     4,660        

costs of furnishing the information and that the administrator     4,661        

DIRECTOR be reimbursed by the participating programs for any       4,663        

actual costs incurred in operating the system;                     4,664        

      (6)  Requirements for any other matters necessary to ensure  4,666        

the effective, efficient, and timely exchange of necessary         4,667        

information or that the administrator DIRECTOR determines must be  4,669        

addressed in order to ensure compliance with the requirements of   4,670        

section 1137 of the "Social Security Act."                         4,671        

      (C)  Each participating agency shall furnish to the income   4,673        

and eligibility verification system established in division (A)    4,674        

of this section that information, which the administrator          4,675        

DIRECTOR, by rule, determines is necessary in order to comply      4,677        

with section 1137 of the "Social Security Act."                    4,678        

      (D)  Notwithstanding the information disclosure              4,680        

requirements of this section and sections 4141.16, 4141.161,       4,681        

SECTION 4141.21, and division (D)(4)(a) of section 4141.28 of the  4,683        

Revised Code, the administrator DIRECTOR shall administer those    4,684        

provisions of law so as to comply with section 1137 of the         4,686        

"Social Security Act."                                                          

      (E)  Requirements in section 4141.21 of the Revised Code     4,688        

with respect to confidentiality of information obtained in the     4,689        

administration of Chapter 4141. of the Revised Code and any        4,690        

sanctions imposed for improper disclosure of such information      4,691        

shall apply to the redisclosure of information disclosed under     4,692        

this section.                                                      4,693        

                                                          104    


                                                                 
      Sec. 4141.21.  Except as provided in sections 4141.16,       4,702        

4141.161, SECTION 4141.162, and 4141.163 of the Revised Code, and  4,704        

subject to section 4141.43 of the Revised Code, the information    4,707        

maintained by the administrator of the bureau DIRECTOR of          4,708        

employment JOB AND FAMILY services or furnished to the             4,709        

administrator DIRECTOR by employers or employees pursuant to this  4,711        

chapter is for the exclusive use and information of the bureau     4,712        

DEPARTMENT of employment JOB AND FAMILY services in the discharge  4,714        

of its duties and shall not be open to the public or be used in    4,716        

any court in any action or proceeding pending therein, or be       4,717        

admissible in evidence in any action, other than one arising       4,718        

under those sections.  All of the information and records          4,719        

necessary or useful in the determination of any particular claim   4,720        

for benefits or necessary in verifying any charge to an            4,721        

employer's account under sections 4141.23 to 4141.26 of the        4,722        

Revised Code shall be available for examination and use by the     4,723        

employer and the employee involved or their authorized             4,724        

representatives in the hearing of such cases, and that             4,725        

information may be tabulated and published in statistical form                  

for the use and information of the state departments and the       4,726        

public.                                                            4,727        

      Sec. 4141.22.  (A)  No person shall disclose any             4,736        

information that was maintained by the administrator DIRECTOR of   4,737        

the bureau of employment JOB AND FAMILY services or furnished to   4,738        

the administrator DIRECTOR by employers or employees pursuant to   4,741        

Chapter 4141. of the Revised Code THIS CHAPTER, unless such                     

disclosure is permitted under section 4141.21 of the Revised       4,743        

Code.                                                                           

      (B)  No person in the employ of the administrator DIRECTOR   4,745        

of the bureau of employment JOB AND FAMILY services OR A COUNTY    4,747        

FAMILY SERVICES AGENCY OR A WORKFORCE DEVELOPMENT AGENCY, or who   4,748        

has been in the employ of the administrator DIRECTOR OR THOSE      4,750        

AGENCIES, at any time, shall divulge any information MAINTAINED    4,752        

BY OR FURNISHED TO THE DIRECTOR UNDER THIS CHAPTER AND secured by  4,753        

                                                          105    


                                                                 
the person while so employed, in respect to the transactions,      4,754        

property, business, or mechanical, chemical, or other industrial   4,755        

process of any person, firm, corporation, association, or          4,756        

partnership to any person other than the administrator DIRECTOR    4,757        

or other employees of the bureau DEPARTMENT of employment JOB AND  4,760        

FAMILY services OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE                 

DEVELOPMENT AGENCY, as required by the person's duties, or to      4,762        

other persons as authorized by the administrator DIRECTOR under    4,763        

section 4141.43 of the Revised Code.                               4,764        

      Whoever violates this section shall be disqualified from     4,766        

holding any appointment or employment by the administrator         4,767        

DIRECTOR OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE           4,768        

DEVELOPMENT AGENCY.                                                             

      Sec. 4141.28.  (A)  Applications for determination of        4,777        

benefit rights and claims for benefits shall be filed with a       4,778        

deputy of the administrator DIRECTOR of the bureau of employment   4,780        

JOB AND FAMILY services designated for the purpose.  Such          4,781        

applications and claims may also be filed with an employee of      4,782        

another state or federal agency charged with the duty of           4,783        

accepting applications and claims for unemployment benefits or     4,784        

with an employee of the unemployment insurance commission of                    

Canada.                                                            4,785        

      When a former employee of a state agency, board, or          4,787        

commission that has terminated its operations files an             4,788        

application under this division, the former employee shall give    4,789        

notice that the agency, board, or commission has terminated its    4,790        

operations.  All notices or information required to be sent under  4,791        

this chapter to or furnished by the applicant's employer shall be  4,792        

sent to or furnished by the director of administrative services.   4,793        

      (B)(1)  When an unemployed individual files an application   4,795        

for determination of benefit rights, the administrator DIRECTOR    4,796        

OF JOB AND FAMILY SERVICES shall furnish the individual with the   4,798        

information specified in division (A) of section 4141.321 of the   4,799        

Revised Code and with a pamphlet giving instructions for the       4,801        

                                                          106    


                                                                 
steps an applicant may take if the applicant's claim for benefits  4,802        

is disallowed.  The pamphlet shall state the applicant's right of  4,803        

appeal, clearly describe the different levels of appeal, and       4,804        

explain where and when each appeal must be filed.  In filing an    4,805        

application, the individual shall, for the individual's most       4,806        

recent employment, furnish the administrator DIRECTOR with         4,807        

either:                                                                         

      (a)  The information furnished by the employer as provided   4,809        

for in division (B)(2) of this section;                            4,810        

      (b)  The name and address of the employer for whom the       4,812        

individual performed services and the individual's written         4,813        

statement of the reason for separation from the employer.          4,814        

      Where the claimant has furnished information in accordance   4,816        

with division (B)(1)(b) of this section, the administrator         4,817        

DIRECTOR shall promptly send a notice in writing that such filing  4,818        

has been made to the individual's most recent separating           4,819        

employer, which notice shall request from the employer the reason  4,820        

for the individual's unemployment.  The administrator DIRECTOR     4,821        

also may request from any base period employer information         4,822        

necessary for the determination of the claimant's rights to        4,823        

benefits.  Information as to the reason for unemployment           4,825        

preceding an additional claim shall be obtained in the same        4,826        

manner.  Requests for such information shall be dated by the       4,827        

administrator DIRECTOR with the date on which they are mailed.     4,828        

If the employer fails to mail or deliver such information within   4,829        

ten working days from the date the administrator DIRECTOR mailed   4,830        

and dated such request, and if necessary to assure prompt payment  4,832        

of benefits when due, the administrator DIRECTOR shall make the    4,833        

determination, and shall base the determination on such            4,834        

information as is available to the administrator DIRECTOR, which   4,835        

shall include the claimant's statement made under division         4,836        

(B)(1)(b) of this section.  The determination, as it relates to    4,837        

the claimant's determination of benefit rights, shall be amended   4,838        

upon receipt of correct remuneration information at any time       4,839        

                                                          107    


                                                                 
within the benefit year and any benefits paid and charged to an    4,840        

employer's account prior to the receipt of such information shall  4,841        

be adjusted, effective as of the beginning of the claimant's       4,842        

benefit year.                                                      4,843        

      (2)  An employer who separates within any seven-day period   4,845        

fifty or more individuals because of lack of work, and these       4,846        

individuals upon separation will be unemployed as defined in       4,847        

division (R) of section 4141.01 of the Revised Code, shall         4,848        

furnish notice to the administrator DIRECTOR of the dates of       4,849        

separation and the approximate number of individuals being         4,850        

separated.  The notice shall be furnished at least three working   4,851        

days prior to the date of the first day of such separations.  In   4,852        

addition, at the time of separation the employer shall furnish to  4,853        

the individual being separated or to the administrator DIRECTOR    4,854        

separation information necessary to determine the individual's     4,855        

eligibility, on forms and in a manner approved by the              4,856        

administrator DIRECTOR.                                                         

      An employer who operates multiple business establishments    4,858        

at which both the effective authority for hiring and separation    4,859        

of employees and payroll information is located and who, because   4,860        

of lack of work, separates a total of fifty or more individuals    4,861        

at two or more business establishments is exempt from the first    4,862        

paragraph of division (B)(2) of this section.  This paragraph      4,863        

shall not be construed to relieve an employer who operates         4,864        

multiple business establishments from complying with division      4,865        

(B)(2) of this section where the employer separates fifty or more  4,866        

individuals at any business establishment within a seven-day       4,867        

period.                                                            4,868        

      An employer of individuals engaged in connection with the    4,870        

commercial canning or commercial freezing of fruits and            4,871        

vegetables is exempt from the provision of division (B)(2) of      4,872        

this section that requires an employer to furnish notice of        4,873        

separation at least three working days prior to the date of the    4,874        

first day of such separations.                                     4,875        

                                                          108    


                                                                 
      (3)  Where an individual at the time of filing an            4,877        

application for determination of benefit rights furnishes          4,878        

separation information provided by the employer or where the       4,879        

employer has provided the administrator DIRECTOR with the          4,880        

information in accordance with division (B)(2) of this section,    4,881        

the administrator DIRECTOR shall make a determination of           4,882        

eligibility on the basis of the information furnished.  The        4,883        

administrator DIRECTOR shall promptly notify all interested        4,884        

parties under division (D)(1) of this section of the               4,885        

determination.                                                                  

      (4)  Where an employer has furnished separation information  4,887        

under division (B)(2) of this section which is insufficient to     4,888        

enable the administrator DIRECTOR to make a determination of a     4,889        

claim for benefits of an individual, or where the individual       4,890        

fails at the time of filing an application for determination of    4,891        

benefit rights to produce the separation information furnished by  4,892        

an employer, the administrator DIRECTOR shall follow the           4,893        

provisions specified in division (B)(1) of this section.           4,894        

      (C)  The administrator DIRECTOR shall promptly examine any   4,897        

application for determination of benefit rights filed, and on the               

basis of any facts found by the administrator DIRECTOR shall       4,898        

determine whether or not the application is valid, and if valid,   4,899        

the date on which the benefit year shall commence and the weekly   4,900        

benefit amount.  The claimant, the most recent employer, and any   4,901        

other employer in the claimant's base period shall promptly be     4,903        

notified of the determination and the reasons therefor.  In        4,904        

addition, the determination issued to the claimant shall include   4,905        

the total amount of benefits payable, and the determination        4,906        

issued to each chargeable base period employer shall include the   4,907        

total amount of benefits which may be charged to the employer's    4,908        

account.                                                                        

      (D)(1)  The administrator DIRECTOR shall examine the first   4,911        

claim for benefits filed in any benefit year, and any additional   4,912        

claim, and on the basis of any facts found by the administrator    4,913        

                                                          109    


                                                                 
DIRECTOR shall determine whether division (D) of section 4141.29   4,914        

of the Revised Code is applicable to the claimant's most recent                 

separation and, to the extent necessary, prior separations from    4,915        

work, and whether the separation reason is qualifying or           4,916        

disqualifying for the ensuing period of unemployment.  Notice of   4,917        

such determination shall be mailed to the claimant, the            4,918        

claimant's most recent separating employer, and any other          4,919        

employer involved in the determination.                            4,920        

      (a)  Whenever the administrator DIRECTOR has reason to       4,922        

believe that the unemployment of twenty-five or more individuals   4,923        

relates to a labor dispute, the administrator DIRECTOR, within     4,924        

five calendar days after their claims are filed, shall schedule a  4,925        

hearing concerning the reason for unemployment.  Notice of the     4,926        

hearing shall be sent to all interested parties, including the     4,927        

duly authorized representative of the parties, as provided in      4,928        

division (D)(1) of this section.  The hearing date shall be        4,929        

scheduled so as to provide at least ten days' prior notice of the  4,930        

time and date of the hearing.  A similar hearing, in such cases,   4,931        

may be scheduled when there is a dispute as to the duration or     4,932        

ending date of the labor dispute.                                  4,933        

      (b)  The administrator DIRECTOR shall appoint a hearing      4,935        

officer to conduct the hearing of the case under division          4,936        

(D)(1)(a) of this section.  The hearing officer is not bound by    4,937        

common law or statutory rules of evidence or by technical or       4,938        

formal rules of procedure, but shall take any steps that are       4,939        

reasonable and necessary to obtain the facts and determine         4,940        

whether the claimants are entitled to benefits under the law.      4,941        

The failure of any interested party to appear at the hearing       4,942        

shall not preclude a decision based upon all the facts available   4,943        

to the hearing officer.  The proceeding at the hearing shall be    4,944        

recorded by mechanical means or by other means prescribed by the   4,945        

administrator DIRECTOR.  The record need not be transcribed        4,946        

unless an application for appeal is filed on the decision and the  4,947        

chairperson of the unemployment compensation review commission     4,949        

                                                          110    


                                                                 
requests a transcript of the hearing within fourteen days after    4,950        

the application for appeal is received by the commission.  The     4,951        

administrator DIRECTOR shall prescribe rules concerning the        4,953        

conduct of the hearings and all related matters and appoint an     4,954        

attorney to direct the operation of this function.                              

      (c)  The administrator DIRECTOR shall issue the hearing      4,956        

officer's decisions and reasons therefor on the case within ten    4,957        

calendar days after the hearing.  The hearing officer's decision   4,958        

issued by the administrator DIRECTOR is final unless an            4,959        

application for appeal is filed with the review commission within  4,960        

twenty-one days after the decision was mailed to all interested    4,962        

parties.  The administrator DIRECTOR, within the twenty-one-day    4,963        

appeal period, may remove and vacate the decision and issue a      4,965        

revised determination and appeal date.                                          

      (d)  Upon receipt of the application for appeal, the full    4,967        

review commission shall review the administrator's DIRECTOR'S      4,968        

decision and either schedule a further hearing on the case or      4,970        

disallow the application.  The review commission shall review the  4,971        

administrator's DIRECTOR'S decision within fourteen days after     4,972        

receipt of the decision or the receipt of a transcript requested   4,974        

under division (D)(1)(b) of this section, whichever is later.      4,975        

      (i)  When a further hearing is granted, the commission       4,977        

shall make the administrator's DIRECTOR'S decision and record of   4,979        

the case, as certified by the administrator DIRECTOR, a part of    4,981        

the record and shall consider the administrator's DIRECTOR'S       4,983        

decision and record in arriving at a decision on the case.  The    4,985        

commission's decision affirming, modifying, or reversing the       4,987        

administrator's DIRECTOR'S decision, following the further         4,988        

appeal, shall be mailed to all interested parties within fourteen  4,989        

days after the hearing.                                            4,990        

      (ii)  A decision of the disallowance of a further appeal     4,992        

shall be mailed to all interested parties within fourteen days     4,993        

after the commission makes the decision to disallow.  The          4,994        

disallowance is deemed an affirmation of the administrator's       4,996        

                                                          111    


                                                                 
DIRECTOR'S decision.                                               4,997        

      (iii)  The time limits specified in divisions (D)(1)(a),     4,999        

(b), (c), and (d) of this section may be extended by agreement of  5,000        

all interested parties or for cause beyond the control of the      5,001        

administrator DIRECTOR or the commission.                          5,002        

      (e)  An appeal of the commission's decision issued under     5,004        

division (D)(1)(d) of this section may be taken to the court of    5,005        

common pleas as provided in division (O) of this section.          5,006        

      (f)  A labor dispute decision involving fewer than           5,008        

twenty-five individuals shall be determined under division (D)(1)  5,009        

of this section and the review commission shall determine any      5,011        

appeal from the decision pursuant to division (M) of this section  5,012        

and within the time limits provided in division (D)(1)(d) of this  5,013        

section.                                                           5,014        

      (2)  The determination of a first or additional claim,       5,016        

including the reasons therefor, shall be mailed to the claimant,   5,017        

the claimant's most recent separating employer, and any other      5,018        

employer involved in the determination.                            5,019        

      When the determination of a continued claim results in a     5,022        

disallowed claim, the administrator DIRECTOR shall notify the                   

claimant of such disallowance and the reasons therefor.            5,023        

      (3)  Where the claim for benefits is directly attributable   5,025        

to unemployment caused by a major disaster, as declared by the     5,026        

president of the United States pursuant to the "Disaster Relief    5,027        

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  5,028        

filing the claim would otherwise have been eligible for disaster   5,029        

unemployment assistance under that act, then upon application by   5,030        

the employer any benefits paid on the claim shall not be charged   5,031        

to the account of the employer who would have been charged on      5,032        

such claim but instead shall be charged to the mutualized account  5,033        

described in section 4141.25 of the Revised Code, provided that    5,034        

this division is not applicable to an employer electing            5,035        

reimbursing status under section 4141.241 of the Revised Code,     5,036        

except reimbursing employers for whom benefit charges are charged  5,037        

                                                          112    


                                                                 
to the mutualized account pursuant to division (D)(2) of section   5,039        

4141.24 of the Revised Code.                                       5,040        

      (4)(a)  An individual filing a new claim for unemployment    5,042        

compensation shall disclose, at the time of filing, whether or     5,043        

not the individual owes child support obligations.  In such a      5,044        

case, the administrator DIRECTOR shall notify the state            5,045        

APPROPRIATE WORK UNIT WITHIN THE DEPARTMENT or THE local child     5,046        

support enforcement agency enforcing the obligation only if the    5,047        

claimant has been determined to be eligible for unemployment       5,048        

compensation.                                                      5,049        

      (b)  The administrator DIRECTOR shall deduct and withhold    5,051        

from unemployment compensation payable to an individual who owes   5,052        

child support obligations:                                         5,053        

      (i)  Any amount required to be deducted and withheld from    5,055        

the unemployment compensation pursuant to legal process, as that   5,056        

term is defined in section 459(i)(5) of the "Social Security       5,057        

Act," as amended by the "Personal Responsibility and Work          5,058        

Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42        5,059        

U.S.C. 659, and properly served upon the administrator DIRECTOR,   5,060        

as described in division (D)(4)(c) of this section; or             5,061        

      (ii)  Where division (D)(4)(b)(i) of this section is         5,063        

inapplicable, in the amount determined pursuant to an agreement    5,064        

submitted to the administrator DIRECTOR under section              5,065        

454(19)(B)(i) of the "Social Security Act," 88 Stat. 2351, 42      5,066        

U.S.C. 654, as amended, by the state or local child support        5,067        

enforcement agency; or                                                          

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     5,069        

section is applicable, then in the amount specified by the         5,070        

individual.                                                        5,071        

      (c)  The administrator DIRECTOR shall receive all legal      5,074        

process described in division (D)(4)(b)(i) of this section from    5,075        

each local child support enforcement agency, which legal process   5,076        

was issued by the agency under section 2301.371 of the Revised     5,077        

Code or otherwise was issued by the agency.  The processing of     5,078        

                                                          113    


                                                                 
cases under part D of Title IV of the "Social Security Act," 88    5,079        

Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall be           5,080        

determined pursuant to agreement between the administrator and     5,081        

the state department of human services.  The department shall      5,082        

pay, pursuant to that agreement, all of the costs of the bureau    5,083        

of employment services that are associated with a deduction and    5,084        

withholding under division (D)(4)(b)(i) and (ii) of this section.  5,085        

      (d)  The amount of unemployment compensation subject to      5,087        

being withheld pursuant to division (D)(4)(b) of this section is   5,088        

that amount which remains payable to the individual after          5,089        

application of any recoupment provisions for recovery of           5,090        

overpayments and after deductions which have been made under this  5,091        

chapter for deductible income received by the individual.          5,092        

Effective for applications to establish unemployment compensation  5,093        

benefit rights filed after December 27, 1997, the amount withheld  5,094        

with respect to a week of unemployment benefits shall not exceed   5,095        

fifty per cent of the individual's weekly benefit amount as        5,096        

determined by the administrator DIRECTOR.                                       

      (e)  Any amount deducted and withheld under division         5,098        

(D)(4)(b) of this section shall be paid to the appropriate state   5,099        

or local child support enforcement agency in the following         5,100        

manner:                                                            5,101        

      (i)  The administrator DIRECTOR shall determine the amounts  5,103        

that are to be deducted and withheld on a per county basis.        5,104        

      (ii)  For each county, the administrator DIRECTOR shall      5,106        

forward to the local child support enforcement agency of the       5,108        

county, at intervals to be determined pursuant to the agreement    5,109        

referred to in division (D)(4)(c) of this section, the amount      5,110        

determined for that county under division (D)(4)(e)(i) of this     5,111        

section for disbursement to the obligees or assignees of such      5,112        

support obligations.                                               5,113        

      (f)  Any amount deducted and withheld under division         5,115        

(D)(4)(b) of this section shall for all purposes be treated as if  5,116        

it were paid to the individual as unemployment compensation and    5,117        

                                                          114    


                                                                 
paid by the individual to the state or local child support agency  5,118        

in satisfaction of the individual's child support obligations.     5,119        

      (g)  Division (D)(4) of this section applies only if         5,121        

appropriate arrangements have been made for reimbursement by the   5,122        

state or local child support enforcement agency for the            5,123        

administrative costs incurred by the administrator DIRECTOR under  5,124        

this section which are associated with or attributable to child    5,125        

support obligations being enforced by the state or local child     5,126        

support enforcement agency.                                        5,127        

      (h)  As used in division (D)(4) of this section:             5,129        

      (i)  "Child support obligations" means only obligations      5,131        

which are being enforced pursuant to a plan described in section   5,132        

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    5,133        

as amended, which has been approved by the United States           5,134        

secretary of health and human services under part D of Title IV    5,135        

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     5,136        

amended.                                                           5,137        

      (ii)  "State child support enforcement agency" means the     5,139        

WORK UNIT WITHIN THE department of human JOB AND FAMILY services,  5,141        

bureau of child support OR THE STATE AGENCY OF ANOTHER STATE,      5,142        

designated as the single state agency for the administration of    5,143        

the program of child support enforcement pursuant to part D of     5,144        

Title IV of the "Social Security Act," 88 Stat. 2351, 42 U.S.C.    5,145        

651, as amended.                                                   5,146        

      (iii)  "Local child support enforcement agency" means a      5,148        

child support enforcement agency or any other agency of a          5,149        

political subdivision of the state operating pursuant to a plan    5,150        

mentioned in division (D)(4)(h)(i) of this section.                5,151        

      (iv)  "Unemployment compensation" means any compensation     5,153        

payable under this chapter including amounts payable by the        5,154        

administrator DIRECTOR pursuant to an agreement under any federal  5,156        

law providing for compensation, assistance, or allowances with     5,157        

respect to unemployment.                                           5,158        

      (E)(1)  Any base period or subsequent employer of a          5,160        

                                                          115    


                                                                 
claimant who has knowledge of specific facts affecting such        5,161        

claimant's right to receive benefits for any week may notify the   5,162        

administrator DIRECTOR in writing of such facts.  The              5,163        

administrator DIRECTOR shall prescribe a form to be used for such  5,165        

eligibility notice, but failure to use the prescribed form shall   5,166        

not preclude the administrator's DIRECTOR'S examination of any     5,167        

notice.                                                                         

      (2)  An eligibility notice is timely filed if received by    5,169        

the administrator DIRECTOR or postmarked prior to or within        5,171        

forty-five calendar days after the end of the week with respect    5,172        

to which a claim for benefits is filed by the claimant.  An        5,173        

employer who does not timely file an eligibility notice shall not  5,174        

be an interested party with respect to the claim for benefits      5,175        

which is the subject of the notice.                                             

      (3)  The administrator DIRECTOR shall consider the           5,177        

information contained in the eligibility notice, together with     5,178        

other facts found by the administrator DIRECTOR and, after giving  5,180        

notice to the claimant, shall determine, unless a prior            5,181        

determination on the same eligibility issue has become final,      5,182        

whether such claim shall be allowed or disallowed, and shall mail  5,183        

notice of such determination to the notifying employer who timely  5,185        

filed the eligibility notice, to the claimant, and to other        5,186        

interested parties.  If the determination disallows benefits for   5,187        

any week in question, the payment of benefits with respect to      5,188        

that week shall be withheld pending further appeal, or an          5,189        

overpayment order shall be issued by the administrator DIRECTOR    5,190        

as prescribed in section 4141.35 of the Revised Code, if           5,191        

applicable.                                                        5,192        

      (F)  In making determinations, the administrator DIRECTOR    5,195        

shall follow decisions of the unemployment compensation review     5,196        

commission which have become final with respect to claimants       5,197        

similarly situated.                                                             

      (G)(1)  Until October 1, 1998, any interested party          5,200        

notified of a determination of an application for determination    5,201        

                                                          116    


                                                                 
of benefit rights or a claim for benefits may, within twenty-one   5,202        

calendar days after the notice was mailed to the party's last      5,203        

known post-office address, apply in writing for a reconsideration  5,204        

of the administrator's DIRECTOR'S determination.                   5,205        

      On and after October 1, 1998, any party notified of a        5,208        

determination may appeal within twenty-one calendar days after     5,209        

notice was mailed to the party's last known post-office address    5,210        

or within an extended period pursuant to division (Q) of this      5,212        

section.  Upon receipt of the appeal, the administrator DIRECTOR   5,213        

either shall issue a redetermination within twenty-one days of     5,214        

receipt or transfer the appeal to the commission, which shall      5,215        

acquire jurisdiction over the appeal.  If the administrator        5,216        

DIRECTOR issues a redetermination, the redetermination shall void  5,218        

the prior determination.  A redetermination under this section is  5,219        

appealable to the same extent that a determination is appealable.  5,221        

      (2)  If the administrator DIRECTOR finds within the benefit  5,224        

year that the determination was erroneous due to an error in an                 

employer's report other than a report to correct remuneration      5,226        

information as provided in division (B) of this section or any     5,227        

typographical or clerical error in the administrator's DIRECTOR'S  5,228        

determination, the administrator DIRECTOR shall issue a corrected  5,231        

determination to all interested parties, which determination       5,232        

shall take precedence over and void the prior determination of     5,233        

the administrator DIRECTOR, provided no appeal has been filed      5,234        

with the commission.                                                            

      (3)  If benefits are allowed by the administrator DIRECTOR   5,236        

in a determination, or in a decision by a hearing officer, the     5,238        

review commission, or a court, the benefits shall be paid          5,239        

promptly, notwithstanding any further appeal, provided that if     5,240        

benefits are denied on appeal, of which the parties have notice    5,241        

and an opportunity to be heard, the payment of benefits shall be   5,243        

withheld pending a decision on any further appeal.                 5,244        

      (4)  Any benefits paid to a claimant under this section      5,246        

prior to a final determination of the claimant's right to the      5,247        

                                                          117    


                                                                 
benefits shall be charged to the employer's account as provided    5,249        

in division (D) of section 4141.24 of the Revised Code, provided   5,250        

that if there is no final determination of the claim by the        5,251        

subsequent thirtieth day of June, the employer's account will be   5,252        

credited with the total amount of benefits which has been paid     5,253        

prior to that date, based on the determination which has not       5,254        

become final.  The total amount credited to the employer's         5,255        

account shall be charged to a suspense account which shall be      5,256        

maintained as a separate bookkeeping account and administered as   5,257        

a part of section 4141.24 of the Revised Code, and shall not be    5,258        

used in determining the account balance of the employer for the    5,259        

purpose of computing the employer's contribution rate under        5,260        

section 4141.25 of the Revised Code.  If it is finally determined  5,261        

that the claimant is entitled to all or a part of the benefits in  5,262        

dispute, the suspense account shall be credited and the            5,263        

appropriate employer's account charged with the benefits.  If it   5,264        

is finally determined that the claimant is not entitled to all or  5,265        

any portion of the benefits in dispute, the benefits shall be      5,266        

credited to the suspense account and a corresponding charge made   5,267        

to the mutualized account established in division (B) of section   5,268        

4141.25 of the Revised Code, provided that, except as otherwise    5,270        

provided in this division, if benefits are chargeable to an        5,271        

employer or group of employers who is required or elects to make   5,272        

payments to the fund in lieu of contributions under section        5,273        

4141.241 of the Revised Code, the benefits shall be charged to     5,274        

the employer's account in the manner provided in division (D) of   5,275        

section 4141.24 and division (B) of section 4141.241 of the        5,276        

Revised Code, and no part of the benefits may be charged to the    5,277        

suspense account provided in this division.  To the extent that    5,278        

benefits which have been paid to a claimant and charged to the     5,279        

employer's account are found not to be due the claimant and are    5,280        

recovered by the administrator DIRECTOR as provided in section     5,281        

4141.35 of the Revised Code, they shall be credited to the         5,282        

employer's account.                                                             

                                                          118    


                                                                 
      (H)  Until October 1, 1998, any interested party may appeal  5,285        

the administrator's DIRECTOR'S decision on reconsideration to the  5,286        

commission and unless an appeal is filed from such decision on     5,288        

reconsideration with the commission within twenty-one calendar     5,290        

days after such decision was mailed to the last known post-office  5,291        

address of the appellant, or within an extended period pursuant    5,292        

to division (Q) of this section, such decision on reconsideration  5,293        

is final and benefits shall be paid or denied in accordance        5,294        

therewith.  The date of the mailing provided by the administrator  5,295        

DIRECTOR on determination or decision on reconsideration is        5,296        

sufficient evidence upon which to conclude that the determination  5,297        

or decision on reconsideration was mailed on that date.            5,298        

      On and after October 1, 1998, the date of the mailing        5,301        

provided by the administrator DIRECTOR on the determination or     5,302        

redetermination is sufficient evidence upon which to conclude      5,303        

that the determination or redetermination was mailed on that                    

date.                                                              5,304        

      (I)  Appeals may be filed with the administrator DIRECTOR,   5,307        

commission, with an employee of another state or federal agency    5,309        

charged with the duty of accepting claims, or with the             5,310        

unemployment insurance commission of Canada.                       5,311        

      (1)  Any timely written notice that the interested party     5,314        

desires to appeal shall be accepted.                                            

      (2)  The administrator DIRECTOR, commission, or authorized   5,316        

agent must receive the appeal within the specified appeal period   5,318        

in order for the appeal to be deemed timely filed, except that:    5,319        

      (a)  If the United States postal service is used as the      5,321        

means of delivery, the enclosing envelope must have a postmark     5,322        

date, as governed by United States postal regulations, that is on  5,323        

or before the last day of the specified appeal period; and         5,324        

      (b)  Where the postmark date is illegible or missing, the    5,326        

appeal is timely filed if received no later than the end of the    5,328        

third calendar day following the last day of the specified appeal  5,329        

period.                                                                         

                                                          119    


                                                                 
      (3)  The administrator DIRECTOR may adopt rules pertaining   5,331        

to alternate methods of filing appeals.                            5,332        

      (J)  When an appeal from a determination of the              5,336        

administrator DIRECTOR is taken to the commission at the hearing   5,337        

officer level, all interested parties shall be notified and the    5,339        

commission, after affording such parties reasonable opportunity    5,341        

for a fair hearing, shall affirm, modify, or reverse the           5,342        

determination of the administrator DIRECTOR in the manner that     5,343        

appears just and proper.  However, the commission may refer a      5,344        

case to the administrator DIRECTOR for a redetermination if the    5,345        

commission decides that the case does not require a hearing.  In   5,346        

the conduct of a hearing by a hearing officer or any other         5,348        

hearing on appeal to the commission which is provided in this      5,349        

section, the hearing officers are not bound by common law or       5,352        

statutory rules of evidence or by technical or formal rules of     5,353        

procedure.  The hearing officers shall take any steps in the       5,356        

hearings, consistent with the impartial discharge of their         5,357        

duties, which appear reasonable and necessary to ascertain the     5,358        

facts and determine whether the claimant is entitled to benefits   5,359        

under the law.  The hearings shall be de novo, except that the     5,361        

administrator's DIRECTOR'S file pertaining to a case shall be      5,362        

included in the record to be considered.                           5,364        

      The hearing officers may conduct any such hearing in person  5,368        

or by telephone.  The commission shall adopt rules which           5,370        

designate the circumstances under which hearing officers may                    

conduct a hearing by telephone, grant a party to the hearing the   5,373        

opportunity to object to a hearing by telephone, and govern the    5,374        

conduct of hearings by telephone.  An interested party whose       5,375        

hearing would be by telephone pursuant to the commission rules     5,376        

may elect to have an in-person hearing, provided that the party    5,377        

electing the in-person hearing agrees to have the hearing at the   5,378        

time and place the commission determines pursuant to rule.         5,379        

      (1)  The failure of the claimant or other interested party   5,381        

to appear at a hearing, unless the claimant or interested party    5,382        

                                                          120    


                                                                 
is the appealing party, shall not preclude a decision in the       5,384        

claimant's or interested party's favor, if on the basis of all     5,385        

the information in the record, including that contained in the     5,386        

file of the administrator DIRECTOR, the claimant or interested     5,387        

party is entitled to the decision.                                 5,388        

      (2)  If the party appealing fails to appear at the hearing,  5,390        

the hearing officer shall dismiss the appeal, provided that the    5,394        

hearing officer or commission shall vacate the dismissal upon a    5,396        

showing that due notice of the hearing was not mailed to such      5,397        

party's last known address or good cause for the failure to        5,398        

appear is shown to the commission within fourteen days after the   5,401        

hearing date.  No further appeal from the decision may thereafter  5,402        

be instituted by such party.  If the other party fails to appear   5,403        

at the hearing, the hearing officer shall proceed with the         5,406        

hearing and shall issue a decision based on the evidence of        5,407        

record, including the administrator's DIRECTOR'S file.  The        5,409        

commission shall vacate the decision upon a showing that due       5,412        

notice of the hearing was not mailed to such party's last known    5,413        

address or good cause for such party's failure to appear is shown  5,414        

to the commission within fourteen days after the hearing date.     5,416        

      (3)  Where a party requests that a hearing be scheduled in   5,418        

the evening because the party is employed during the day, the      5,419        

commission shall schedule the hearing during such hours as the     5,422        

party is not employed.                                             5,423        

      (4)  The interested parties may waive, in writing, the       5,426        

hearing.  If the parties waive the hearing, the hearing officer    5,427        

shall issue a decision based on the evidence of record, including  5,428        

the administrator's DIRECTOR'S file.                               5,429        

      (K)  The proceedings at the hearing before the hearing       5,431        

officer, shall be recorded by mechanical means or otherwise as     5,434        

may be prescribed by the commission.  In the absence of further    5,435        

proceedings, the record that is made need not be transcribed.      5,437        

      (L)  All interested parties shall be notified of the         5,439        

hearing officer's decision, which shall include the reasons        5,441        

                                                          121    


                                                                 
therefor.  The hearing officer's decision shall become final       5,442        

unless, within twenty-one days after the decision was mailed to    5,443        

the last known post-office address of such parties, or within an   5,444        

extended period pursuant to division (Q) of this section, the      5,445        

commission on its own motion removes or transfers such claim to    5,447        

the review level, or upon a request for review that is filed by    5,449        

an interested party and is allowed by the commission.              5,451        

      (M)  In the conduct of a hearing by the commission or a      5,454        

hearing officer at the review level, the commission and the        5,455        

hearing officers are not bound by common law or statutory rules    5,456        

of evidence or by technical or formal rules of procedure.  The     5,457        

commission and the hearing officers shall take any steps in the    5,458        

hearings, consistent with the impartial discharge of their         5,459        

duties, that appear reasonable and necessary to ascertain the      5,460        

facts and determine whether the claimant is entitled to benefits                

under the law.                                                     5,461        

      (1)  The review commission, or a hearing officer designated  5,464        

by the commission, shall consider an appeal at the review level    5,465        

under the following circumstances:                                              

      (a)  When an appeal is required to be heard initially by     5,468        

the commission pursuant to this chapter;                           5,469        

      (b)  When the commission on its own motion removes an        5,472        

appeal within twenty-one days after a hearing officer issues the   5,473        

hearing officer's decision in the case;                            5,474        

      (c)  When a hearing officer refers an appeal to the          5,477        

commission within twenty-one days after the hearing officer        5,478        

issues the hearing officer's decision in the case;                 5,479        

      (d)  When an interested party files a request for review     5,482        

with the commission within twenty-one days after the date a        5,483        

hearing officer issues the hearing officer's decision in the       5,484        

case.  The commission shall disallow the request for review if it  5,485        

is not timely filed.                                                            

      The commission may remove, and a hearing officer may refer,  5,488        

appeals involving decisions of potentially precedential value.     5,489        

                                                          122    


                                                                 
      (2)  If a request for review is timely filed, the            5,491        

commission shall decide whether to allow or disallow the request   5,493        

for review.                                                                     

      If the request for review is disallowed, the commission      5,495        

shall notify all interested parties of that fact.  The             5,496        

disallowance of a request for review constitutes a final decision  5,498        

by the commission for purposes of appeal to court.  If the         5,499        

request for review is allowed, the commission shall notify all     5,500        

interested parties of that fact, and the commission shall provide  5,501        

a reasonable period of time, as the commission defines by rule,    5,502        

in which interested parties may file a response.  After that                    

period of time, the commission, based on the record before it,     5,503        

shall do one of the following at the review level:                 5,504        

      (a)  Affirm the decision of the hearing officer;             5,507        

      (b)  Order that the case be heard or reheard by a hearing    5,510        

officer;                                                                        

      (c)  Order that the case be heard or reheard by a hearing    5,513        

officer as a potential precedential decision;                      5,514        

      (d)  Order that the decision be rewritten.                   5,517        

      (3)  The commission shall send notice to all interested      5,519        

parties when it orders a case to be heard or reheard.  The notice  5,521        

shall include the reasons for the hearing or rehearing.  If the    5,522        

commission identifies an appeal as a potentially precedential      5,523        

case, the commission shall notify the administrator DIRECTOR and   5,524        

other interested parties of the special nature of the hearing.     5,525        

      (N)  Whenever the administrator DIRECTOR and the             5,527        

chairperson of the review commission determine in writing and      5,528        

certify jointly that a controversy exists with respect to the      5,530        

proper application of this chapter to more than five hundred       5,531        

claimants similarly situated whose claims are pending before the   5,532        

administrator DIRECTOR or the review commission or both on         5,533        

redetermination or appeal applied for or filed by three or more    5,536        

employers or by such claimants, the chairperson of the review      5,538        

commission shall select one such claim which is representative of  5,540        

                                                          123    


                                                                 
all such claims and assign it for a fair hearing and decision.     5,541        

Any other claimant or employer in the group who makes a timely     5,542        

request to participate in the hearing and decision shall be given  5,543        

a reasonable opportunity to participate as a party to the          5,544        

proceeding.                                                                     

      Such joint certification by the administrator DIRECTOR and   5,546        

the chairperson of the commission shall constitute a stay of       5,547        

further proceedings in the claims of all claimants similarly       5,549        

situated until the issue or issues in controversy are adjudicated  5,550        

by the supreme court of Ohio.  At the time the decision of the     5,551        

commission is issued, the chairperson shall certify the            5,553        

commission's decision directly to the supreme court of Ohio and    5,556        

the chairperson shall file with the clerk of the supreme court a   5,558        

certified copy of the transcript of the proceedings before the     5,559        

commission pertaining to such decision.  Hearings on such issues   5,561        

shall take precedence over all other civil cases.  If upon         5,562        

hearing and consideration of such record the court decides that    5,563        

the decision of the commission is unlawful, the court shall        5,565        

reverse and vacate the decision or modify it and enter final       5,566        

judgment in accordance with such modification; otherwise such      5,567        

court shall affirm such decision.  The notice of the decision of   5,568        

the commission to the interested parties shall contain a           5,570        

certification by the chairperson of the commission that the        5,571        

decision is of great public interest and that a certified          5,573        

transcript of the record of the proceedings before the commission  5,574        

has been filed with the clerk of the supreme court as an appeal    5,576        

to the court.  Promptly upon the final judgment of the court, the  5,577        

administrator DIRECTOR and the commission shall decide those       5,578        

claims pending before them where the facts are similar and shall   5,580        

notify all interested parties of such decision and the reason      5,581        

therefor in the manner provided for in this section.  Nothing in   5,582        

this division shall be construed so as to deny the right of any    5,583        

such claimant, whose claim is pending before the administrator     5,584        

DIRECTOR on redetermination or before the commission, to apply     5,587        

                                                          124    


                                                                 
for and be granted an opportunity for a fair hearing to show that  5,588        

the facts in the claimant's case are different from the facts in   5,589        

the claim selected as the representative claim as provided in      5,590        

this division, nor shall any such claimant be denied the right to               

appeal the decision of the administrator DIRECTOR or the           5,591        

commission which is made as a result of the decision of the court  5,593        

in the representative case.                                                     

      (O)(1)  Any interested party as defined in division (I) of   5,595        

section 4141.01 of the Revised Code, within thirty days after      5,596        

notice of the decision of the commission was mailed to the last    5,598        

known post-office address of all interested parties, may appeal    5,599        

from the decision of the commission to the court of common pleas   5,601        

of the county where the appellant, if an employee, is resident or  5,602        

was last employed or of the county where the appellant, if an      5,603        

employer, is resident or has the principal place of business in    5,604        

this state.  The commission shall provide on its decision the      5,606        

names and addresses of all interested parties.  Such appeal shall  5,607        

be taken within such thirty days by the appellant by filing a      5,608        

notice of appeal with the clerk of the court of common pleas.      5,609        

Such filing shall be the only act required to perfect the appeal   5,610        

and vest jurisdiction in the court.  Failure of an appellant to    5,611        

take any step other than timely filing of a notice of appeal does  5,612        

not affect the validity of the appeal, but is grounds only for     5,613        

such action as the court deems appropriate, which may include      5,614        

dismissal of the appeal.  Such notice of appeal shall set forth    5,615        

the decision appealed from.  The appellant shall mail a copy of    5,616        

the notice of appeal to the commission and to all interested       5,618        

parties by certified mail to their last known post-office address  5,619        

and proof of the mailing of the notice shall be filed with the     5,620        

clerk within thirty days of filing the notice of appeal.  All      5,621        

interested parties shall be made appellees.  The commission upon   5,623        

receipt of the notice of appeal shall within thirty days file      5,624        

with the clerk a certified transcript of the record of the         5,625        

proceedings before the commission pertaining to the decision       5,627        

                                                          125    


                                                                 
complained of, and mail a copy of the transcript to the            5,628        

appellant's attorney or to the appellant, if not represented by    5,629        

counsel.  The appellant shall file a statement of the assignments  5,630        

of error presented for review within sixty days of the filing of   5,631        

the notice of appeal with the court.  The appeal shall be heard    5,632        

upon such record certified by the commission.  After an appeal     5,634        

has been filed in the court, the commission may, by petition, be   5,636        

made a party to such appeal.  If the court finds that the          5,637        

decision was unlawful, unreasonable, or against the manifest       5,638        

weight of the evidence, it shall reverse and vacate such decision  5,639        

or it may modify such decision and enter final judgment in         5,640        

accordance with such modification; otherwise such court shall      5,641        

affirm such decision.  Any interested party shall have the right   5,642        

to appeal from the decision of the court as in civil cases.        5,643        

      (2)  If an appeal is filed after the thirty-day appeal       5,645        

period established in division (O)(1) of this section, the court   5,646        

of common pleas shall conduct a hearing to determine whether the   5,647        

appeal was timely filed pursuant to division (Q) of this section.  5,649        

At the hearing, additional evidence may be introduced and oral     5,650        

arguments may be presented regarding the timeliness of the filing  5,651        

of the appeal.  If the court of common pleas determines that the   5,652        

time for filing the appeal is extended as provided in division     5,653        

(Q) of this section and that the appeal was filed within the       5,655        

extended time provided in that division, the court shall           5,656        

thereafter make its decision on the merits of the appeal.  If the  5,657        

court of common pleas determines that the time for filing the      5,658        

appeal may not be extended as provided in division (Q) of this     5,660        

section, the court shall dismiss the appeal accordingly.  The      5,661        

determination on timeliness by the court of common pleas may be    5,662        

appealed to the court of appeals as in civil cases, and such       5,663        

appeal shall be consolidated with any appeal from the decision by  5,664        

the court of common pleas on the merits of the appeal.             5,665        

      (P)  Any appeal from a determination or redetermination of   5,669        

the administrator DIRECTOR or a decision or order of the           5,670        

                                                          126    


                                                                 
commission may be executed in behalf of any party or any group of  5,673        

claimants by an agent.                                                          

      (Q)  The time for filing an appeal, a request for review,    5,677        

or a court appeal under this section shall be extended as          5,679        

follows:                                                                        

      (1)  When the last day of an appeal period is a Saturday,    5,681        

Sunday, or legal holiday, the appeal period is extended to the     5,682        

next work day after the Saturday, Sunday, or legal holiday; or.    5,683        

      (2)  When an interested party provides certified medical     5,685        

evidence stating that the interested party's physical condition    5,686        

or mental capacity prevented the interested party from filing a    5,687        

an appeal or request for review pursuant to division (G), (H), or  5,689        

(L) of this section within the appropriate twenty-one-day period,  5,690        

the appeal period is extended to twenty-one days after the end of  5,691        

the physical or mental condition and the appeal, or request for    5,693        

review is considered timely filed if filed within that extended    5,695        

period;.                                                                        

      (3)  When an interested party provides evidence, which       5,697        

evidence may consist of testimony from the interested party, that  5,698        

is sufficient to establish that the party did not actually         5,699        

receive the determination or decision within the applicable        5,701        

appeal period pursuant to division (G), (H), or (L) of this        5,702        

section, and the administrator DIRECTOR or the commission finds    5,703        

that the interested party did not actually receive the             5,705        

determination or decision within the applicable appeal period,     5,706        

then the appeal period is extended to twenty-one days after the    5,707        

interested party actually receives the determination or decision.  5,708        

      (4)  When an interested party provides evidence, which       5,710        

evidence may consist of testimony from the interested party, that  5,711        

is sufficient to establish that the party did not actually         5,712        

receive a decision within the thirty-day appeal period provided    5,713        

in division (O)(1) of this section, and a court of common pleas    5,714        

finds that the interested party did not actually receive the       5,715        

decision within that thirty-day appeal period, then the appeal     5,716        

                                                          127    


                                                                 
period is extended to thirty days after the interested party       5,717        

actually receives the decision.                                    5,718        

      (R)  No finding of fact or law, decision, or order of the    5,720        

administrator DIRECTOR, hearing officer, or the review             5,721        

commission, or a reviewing court pursuant to this section, shall   5,724        

be given collateral estoppel or res judicata effect in any         5,725        

separate or subsequent judicial, administrative, or arbitration    5,726        

proceeding, other than a proceeding arising under this chapter.    5,727        

      Sec. 5101.01.  As used in the Revised Code, the "department  5,736        

of public welfare" means AND the "department of human services,"   5,738        

MEAN THE DEPARTMENT OF JOB AND FAMILY SERVICES and the "director   5,739        

of public welfare" means AND the "director of human services"      5,740        

MEAN THE DIRECTOR OF JOB AND FAMILY SERVICES.  Whenever the        5,741        

department or director of public welfare OR THE DEPARTMENT OR      5,743        

DIRECTOR OF HUMAN SERVICES is referred to or designated in any     5,744        

statute, rule, contract, GRANT, or other document, the reference   5,746        

or designation shall be deemed to refer to the department or       5,747        

director of human JOB AND FAMILY services, as the case may be.     5,748        

      Sec. 5101.02.  The director of human JOB AND FAMILY          5,757        

services is the executive head of the department of human JOB AND  5,759        

FAMILY services.  All duties conferred on the various offices,     5,761        

divisions, bureaus, sections, and institutions WORK UNITS of the   5,762        

department by law or by order of the director shall be performed   5,763        

under such rules as the director prescribes, and shall be under    5,765        

the director's control.                                                         

      Sec. 5101.05.  Except as otherwise provided as to            5,774        

appointments by chiefs of divisions, the THE director of human     5,775        

JOB AND FAMILY services shall MAY appoint such employees as are    5,776        

necessary for the efficient conduct OPERATION of the department    5,777        

and OF JOB AND FAMILY SERVICES.  THE DIRECTOR MAY prescribe their  5,779        

titles THE TITLE and duties OF THE EMPLOYEES.                      5,780        

      Sec. 5101.051.  IF THE DIRECTOR OF JOB AND FAMILY SERVICES   5,782        

DETERMINES THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY   5,783        

SERVICES CAN BEST BE FILLED IN ACCORDANCE WITH DIVISION (A)(2) OF  5,784        

                                                          128    


                                                                 
SECTION 124.30 OF THE REVISED CODE OR WITHOUT REGARD TO A          5,785        

RESIDENCY REQUIREMENT ESTABLISHED BY A RULE ADOPTED BY THE         5,786        

DIRECTOR OF ADMINISTRATIVE SERVICES, THE DIRECTOR OF JOB AND                    

FAMILY SERVICES SHALL PROVIDE THE DIRECTOR OF ADMINISTRATIVE       5,787        

SERVICES CERTIFICATION OF THE DETERMINATION.                       5,788        

      Sec. 5101.06.  The director of human JOB AND FAMILY          5,797        

services may establish offices, divisions, bureaus, and sections   5,799        

and prescribe their powers and duties WORK UNITS WITHIN THE        5,800        

DEPARTMENT OF JOB AND FAMILY SERVICES AS NECESSARY FOR THE         5,801        

EFFICIENT OPERATION OF THE DEPARTMENT.  THE DIRECTOR SHALL         5,802        

APPOINT THE CHIEF OF EACH WORK UNIT.                                            

      Sec. 5101.08.  The department DIRECTOR of human JOB AND      5,812        

FAMILY services shall MAY require any of its THE employees and     5,814        

each officer and employee of every institution under its control   5,815        

OF THE DEPARTMENT OF JOB AND FAMILY SERVICES who may be charged    5,816        

with custody or control of any PUBLIC money or property belonging  5,817        

to the state or who is required to give bond, to give a surety     5,818        

company bond, properly conditioned, in a sum to be fixed by the    5,820        

department DIRECTOR which when approved by the department          5,822        

DIRECTOR, shall be filed in the office of the secretary of state.  5,824        

The cost of such bonds, when approved by the department DIRECTOR,  5,825        

shall be paid from funds available for the department.  The bonds  5,826        

required or authorized by this section may, in the discretion of   5,827        

the director of human services, be individual, schedule, or        5,828        

blanket bonds.                                                                  

      Sec. 5101.09.  (A)  WHEN THE DIRECTOR OF JOB AND FAMILY      5,830        

SERVICES IS AUTHORIZED BY THE REVISED CODE TO ADOPT A RULE, THE    5,831        

DIRECTOR SHALL ADOPT THE RULE IN ACCORDANCE WITH THE FOLLOWING:    5,832        

      (1)  CHAPTER 119. OF THE REVISED CODE IF ANY OF THE          5,834        

FOLLOWING APPLY:                                                   5,836        

      (a)  THE RULE CONCERNS THE ADMINISTRATION OR ENFORCEMENT OF  5,838        

CHAPTER 4141. OF THE REVISED CODE;                                 5,839        

      (b)  THE RULE CONCERNS A PROGRAM ADMINISTERED BY THE         5,841        

DEPARTMENT OF JOB AND FAMILY SERVICES, UNLESS THE STATUTE          5,842        

                                                          129    


                                                                 
AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE     5,843        

WITH SECTION 111.15 OF THE REVISED CODE;                           5,844        

      (c)  THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE      5,846        

RULE BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED     5,848        

CODE.                                                                           

      (2)  SECTION 111.15 OF THE REVISED CODE, EXCLUDING           5,850        

DIVISIONS (D) AND (E) OF THAT SECTION, IF EITHER OF THE FOLLOWING  5,852        

APPLY:                                                             5,853        

      (a)  THE RULE CONCERNS THE DAY-TO-DAY STAFF PROCEDURES AND   5,855        

OPERATIONS OF THE DEPARTMENT OR FINANCIAL AND OPERATIONAL MATTERS  5,856        

BETWEEN THE DEPARTMENT AND ANOTHER GOVERNMENT ENTITY OR A PRIVATE  5,858        

ENTITY RECEIVING A GRANT FROM THE DEPARTMENT, UNLESS THE STATUTE   5,859        

AUTHORIZING THE RULE REQUIRES THAT IT BE ADOPTED IN ACCORDANCE     5,860        

WITH CHAPTER 119. OF THE REVISED CODE;                             5,861        

      (b)  THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE      5,863        

RULE BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED   5,864        

CODE AND, BY THE TERMS OF DIVISION (D) OF THAT SECTION, DIVISION   5,866        

(D) OF THAT SECTION DOES NOT APPLY TO THE RULE.                                 

      (3)  SECTION 111.15 OF THE REVISED CODE, INCLUDING           5,868        

DIVISIONS (D) AND (E) OF THAT SECTION, IF THE STATUTE AUTHORIZING  5,870        

THE RULE REQUIRES THAT THE RULE BE ADOPTED IN ACCORDANCE WITH                   

THAT SECTION AND THE RULE IS NOT EXEMPT FROM THE APPLICATION OF    5,871        

DIVISION (D) OF THAT SECTION.                                      5,872        

      (B)  EXCEPT AS OTHERWISE REQUIRED BY THE REVISED CODE, THE   5,875        

ADOPTION OF A RULE IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED  5,876        

CODE DOES NOT MAKE THE DEPARTMENT OF JOB AND FAMILY SERVICES, A    5,878        

COUNTY FAMILY SERVICES AGENCY, OR A WORKFORCE DEVELOPMENT AGENCY   5,879        

SUBJECT TO THE NOTICE, HEARING, OR OTHER REQUIREMENTS OF SECTIONS               

119.06 TO 119.13 OF THE REVISED CODE.  AS USED IN THIS DIVISION,   5,881        

"WORKFORCE DEVELOPMENT AGENCY" HAS THE SAME MEANING AS IN SECTION               

6301.01 OF THE REVISED CODE.                                       5,882        

      Sec. 5101.10.  The director of human JOB AND FAMILY          5,891        

services may expend funds appropriated or available to the         5,893        

department of human JOB AND FAMILY services for the purposes of    5,894        

                                                          130    


                                                                 
the administration of, and training, education, and research in,   5,896        

human services from public or private entities, including other    5,899        

governmental agencies; public or private institutions,             5,900        

organizations, agencies, and corporations; and individuals.  For                

purposes of this section, the director may enter into contracts    5,901        

or agreements with public and private entities and make grants to  5,902        

public and private entities.  TO THE EXTENT PERMITTED BY FEDERAL   5,903        

LAW, THE DIRECTOR MAY ADVANCE FUNDS TO A GRANTEE WHEN NECESSARY    5,904        

FOR THE GRANTEE TO PERFORM DUTIES UNDER THE GRANT AS SPECIFIED BY  5,905        

THE DIRECTOR.                                                                   

      The department DIRECTOR may adopt INTERNAL MANAGEMENT rules  5,908        

in accordance with section 111.15 of the Revised Code to define    5,910        

terms and adopt procedures and other provisions necessary to                    

implement this section.                                            5,911        

      Sec. 5101.21.  (A)  As used in sections 5101.21 to 5101.25   5,920        

5101.24 of the Revised Code, county social service "WORKFORCE      5,922        

DEVELOPMENT agency" and social service duty "WORKFORCE             5,924        

DEVELOPMENT ACTIVITY" have the same meanings as in section         5,925        

307.981 6301.01 of the Revised Code.                                            

      (B)  The director of human JOB AND FAMILY services shall     5,927        

enter into a written partnership agreement with each board of      5,930        

county commissioners.                                                           

      (C)(1)  EACH PARTNERSHIP AGREEMENT SHALL INCLUDE PROVISIONS  5,932        

regarding the administration and design of ALL OF the FOLLOWING:   5,933        

      (a)  THE Ohio works first program established under Chapter  5,936        

5107. of the Revised Code, the;                                    5,937        

      (b)  THE prevention, retention, and contingency program      5,939        

established under Chapter 5108. of the Revised Code, duties;       5,940        

      (c)  DUTIES assumed by a county department of human JOB AND  5,943        

FAMILY services pursuant to an agreement entered into under        5,945        

section 329.05 of the Revised Code, and;                           5,946        

      (d)  ANY other county department of human JOB AND FAMILY     5,949        

services' duties that the director and board mutually agree to     5,951        

include in the agreement;                                                       

                                                          131    


                                                                 
      (e)  IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED     5,954        

CODE, THE COUNTY THE BOARD SERVES IS A LOCAL AREA DEFINED IN       5,955        

DIVISION (A)(2) OR (3) OF SECTION 6301.01 OF THE REVISED CODE,     5,956        

WORKFORCE DEVELOPMENT ACTIVITIES PROVIDED BY THE WORKFORCE         5,957        

DEVELOPMENT AGENCY ESTABLISHED OR DESIGNATED FOR THE LOCAL AREA.   5,958        

The director and board may include in the                          5,959        

      (2)  EACH partnership agreement MAY INCLUDE provisions       5,961        

regarding the administration and design of the duties of child     5,963        

support enforcement agencies and public children services          5,964        

agencies included in a plan of cooperation entered into under      5,965        

section 307.983 of the Revised Code that the director and board    5,966        

mutually agree to include in the agreement.  Social service        5,967        

      (D)  FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT        5,969        

ACTIVITIES included in the A PARTNERSHIP agreement shall be        5,971        

vested in the board OF COUNTY COMMISSIONERS.  The agreement shall  5,972        

comply with federal statutes and regulations, state statutes,      5,973        

and, except as provided in division (B)(D)(9) of this section,     5,975        

state rules governing the social service FAMILY SERVICES duties    5,976        

OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement.     5,977        

      A partnership agreement shall include responsibilities that  5,980        

the state department of human JOB AND FAMILY services and, county  5,981        

social service FAMILY SERVICES agencies administering social       5,982        

service FAMILY SERVICES duties included in the agreement, AND      5,984        

WORKFORCE DEVELOPMENT AGENCIES ADMINISTERING WORKFORCE             5,985        

DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT must satisfy.                  

The agreement shall establish, specify, or provide for all of the  5,987        

following:                                                                      

      (1)  Requirements governing the administration and design    5,989        

of, and county social service FAMILY SERVICES agencies' OR         5,990        

WORKFORCE DEVELOPMENT AGENCIES' cooperation to enhance, social     5,992        

service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT            5,993        

ACTIVITIES included in the agreement;                                           

      (2)  Outcomes that county social service FAMILY SERVICES     5,995        

agencies OR WORKFORCE DEVELOPMENT AGENCIES are expected to         5,997        

                                                          132    


                                                                 
achieve from the administration and design of social service       5,998        

FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT ACTIVITIES         5,999        

included in the agreement and assistance, services, and technical  6,000        

support the state department will provide the county social        6,001        

service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT          6,002        

AGENCIES to aid the agencies in achieving the expected outcomes;   6,003        

      (3)  Performance and other administrative standards county   6,005        

social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT   6,006        

AGENCIES are required to meet in the design, administration, and   6,008        

outcomes of social service FAMILY SERVICES duties OR WORKFORCE     6,009        

DEVELOPMENT ACTIVITIES included in the agreement and assistance,   6,010        

services, and technical support the state department will provide  6,012        

the county social service FAMILY SERVICES agencies OR WORKFORCE    6,013        

DEVELOPMENT AGENCIES to aid the agencies in meeting the            6,014        

performance and other administrative standards;                                 

      (4)  Criteria and methodology the state department will use  6,017        

to evaluate whether expected outcomes are achieved and                          

performance and other administrative standards are met and county  6,018        

social service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT   6,020        

AGENCIES will use to evaluate whether the state department is      6,021        

providing agreed upon assistance, services, and technical          6,022        

support;                                                                        

      (5)  Annual financial, administrative, or other incentive    6,024        

awards, if any, to be provided in accordance with section 5101.23  6,026        

of the Revised Code for exceeding performance and other            6,027        

administrative standards;                                          6,028        

      (6)  The state department taking action against a county     6,030        

social service agency pursuant to division (B)(C) of section       6,032        

5101.24 of the Revised Code if division (A)(B)(1), (2), or (3) of  6,033        

that section applies to the agency;                                6,035        

      (7)  The funding of social service FAMILY SERVICES duties    6,037        

OR WORKFORCE DEVELOPMENT ACTIVITIES included in the agreement and  6,039        

whether the state department will provide funding for two or more  6,040        

county department of human services' duties included in the        6,041        

                                                          133    


                                                                 
agreement pursuant to ESTABLISH a combined CONSOLIDATED funding    6,042        

allocation under division (C)(E) of this section.  The agreement   6,044        

shall either specify the amount of payments to be made for the     6,045        

social service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT     6,046        

ACTIVITIES included in the agreement or the method that will be    6,047        

used to determine the amount of payments.                          6,048        

      (8)  Audits required by federal statutes and regulations     6,050        

and state law and requirements for prompt release of audit         6,051        

findings and prompt action to correct problems identified in an    6,052        

audit;                                                             6,053        

      (9)  Which, if any, of the state department's rules will be  6,056        

waived so that a policy provided for in the agreement may be                    

implemented;                                                       6,057        

      (10)  The method of amending or terminating the agreement    6,059        

and an expedited process for correcting terms or conditions of     6,060        

the agreement that the director and board OF COUNTY COMMISSIONERS  6,061        

agree are erroneous;                                               6,063        

      (11)  Dispute resolution procedures for anticipated and      6,065        

unanticipated disputes.  The agreement may establish different     6,066        

dispute resolution procedures for different types of disputes.     6,067        

Dispute resolution procedures may include negotiation, mediation,  6,069        

arbitration, adjudication conducted by a hearing officer or        6,070        

fact-finding panel, and other procedures.                                       

      (12)  The date the agreement is to commence or end.  An      6,072        

agreement may not commence before it is entered into nor end       6,073        

later than the last day of the state fiscal biennium for which it  6,075        

is entered into.                                                                

      (13)  IF WORKFORCE DEVELOPMENT ACTIVITIES ARE INCLUDED IN    6,077        

THE AGREEMENT, ALL OF THE FOLLOWING:                               6,078        

      (a)  THE WORKFORCE DEVELOPMENT PLAN PREPARED UNDER SECTION   6,080        

6301.07 OF THE REVISED CODE TO BE ATTACHED TO AND INCORPORATED     6,081        

INTO THE AGREEMENT;                                                6,082        

      (b)  A DESCRIPTION OF THE SERVICES, AND A LIST OF THE CORE   6,084        

SERVICES, PROVIDED IN THE ONE-STOP SYSTEM FOR WORKFORCE            6,085        

                                                          134    


                                                                 
DEVELOPMENT ACTIVITIES THE COUNTY SERVED BY THE BOARD              6,087        

PARTICIPATES IN UNDER SECTION 6301.06 OF THE REVISED CODE TO BE    6,088        

INCLUDED IN THE AGREEMENT;                                         6,089        

      (c)  IF THE COUNTY SERVED BY THE BOARD OF COUNTY             6,091        

COMMISSIONERS IS IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION     6,092        

(A)(3) OF SECTION 6301.01 OF THE REVISED CODE, THE METHOD AND      6,093        

MANNER BY WHICH THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY   6,095        

AND THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION IN THE   6,096        

LOCAL AREA SHALL COORDINATE WORKFORCE DEVELOPMENT ACTIVITIES AND   6,097        

RESOLVE DISAGREEMENTS CONCERNING EITHER OF THE FOLLOWING:          6,098        

      (i)  CHOICES CONCERNING SPECIFICALLY WHO TO APPOINT TO THE   6,100        

WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.06 OF THE        6,102        

REVISED CODE, WITHIN THE CRITERIA FOR MEMBERSHIP SET FORTH IN      6,103        

THAT SECTION;                                                                   

      (ii)  WHETHER A MEMBER OF THE WORKFORCE POLICY BOARD IS      6,105        

PERFORMING SATISFACTORILY FOR PURPOSES OF SERVING AT THE PLEASURE  6,106        

OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA.                  6,107        

      (14)  Other provisions determined necessary by the state     6,109        

department and the, BOARD, county social services FAMILY SERVICES  6,112        

agency, AND WORKFORCE DEVELOPMENT AGENCY.                                       

      (C)(E)  The state department shall make payments authorized  6,115        

by a partnership agreement on vouchers it prepares and may         6,116        

include any funds appropriated or allocated to it for carrying     6,117        

out social service FAMILY SERVICES duties OR WORKFORCE             6,118        

DEVELOPMENT ACTIVITIES vested in the board of county               6,119        

commissioners under the agreement, including funds for personal    6,120        

services and maintenance.                                          6,121        

      (F)(1)  To the extent practicable and not in conflict with   6,123        

federal statutes or regulations, state law, or an appropriation    6,124        

made by the general assembly, the department DIRECTOR may          6,125        

establish a consolidated funding allocation for two ANY OF THE     6,126        

FOLLOWING:                                                                      

      (a)  TWO or more of a county department of human services'   6,129        

FAMILY SERVICES duties included in the agreement;                  6,131        

                                                          135    


                                                                 
      (b)  TWO OR MORE WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED   6,133        

IN THE AGREEMENT;                                                  6,134        

      (c)  ONE OR MORE FAMILY SERVICES DUTIES AND WORKFORCE        6,136        

DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT.                  6,137        

      (2)  THE CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER   6,139        

OF THE FOLLOWING:                                                  6,140        

      (a)  A COUNTY THAT IS THE TYPE OF LOCAL AREA DEFINED IN      6,142        

DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED CODE;            6,143        

      (b)  TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND    6,145        

ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN         6,146        

DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE    6,148        

COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN   6,149        

THE LOCAL AREA.  A                                                 6,150        

      (3) A county department of human FAMILY services AGENCY OR   6,153        

WORKFORCE DEVELOPMENT AGENCY shall use funds available in a        6,156        

consolidated funding allocation only for the purpose for which                  

the funds were appropriated.                                       6,157        

      (D)  The director of human services may enter into           6,160        

partnership agreements with one or more boards of county           6,161        

commissioners at a time but an agreement must be entered into      6,162        

with each board not later than January 1, 2000.  Until a           6,163        

partnership agreement with a board is entered into and             6,164        

implemented, a county social service agency serving the county     6,165        

that the board serves shall perform its social service duties in   6,166        

the manner they are performed on October 1, 1997, with the         6,168        

exception that a county social services agency may implement       6,169        

changes authorized by federal statutes or regulations, state       6,170        

statutes, or state department rules.                               6,171        

      Sec. 5101.211.  The director of human JOB AND FAMILY         6,180        

services may enter into a written agreement with one or more       6,182        

state agencies, as defined in section 117.01 of the Revised Code,  6,184        

and state universities and colleges to assist in the               6,185        

coordination, provision, or enhancement of the social service      6,186        

FAMILY SERVICES duties of a county social service FAMILY SERVICES  6,188        

                                                          136    


                                                                 
agency OR THE WORKFORCE DEVELOPMENT ACTIVITIES OF A WORKFORCE      6,189        

DEVELOPMENT AGENCY.  The director also may enter into written      6,190        

agreements or contracts with, or issue grants to, private and      6,191        

government entities under which funds are provided for the         6,192        

enhancement or innovation of human service FAMILY SERVICES OR      6,193        

WORKFORCE DEVELOPMENT activities on the state or local level.      6,195        

The terms of an agreement, contract, or grant under this section   6,196        

may be incorporated into a partnership agreement the director      6,197        

enters into with a board of county commissioners under section     6,198        

5101.21 OR WITH THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL          6,199        

CORPORATION UNDER SECTION 5101.213 of the Revised Code, if the     6,200        

director and board OR CHIEF ELECTED OFFICIAL and state agency,     6,201        

state university or college, or private or government entity       6,202        

agree.                                                                          

      THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN          6,204        

ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO IMPLEMENT    6,205        

THIS SECTION.                                                                   

      Sec. 5101.213.  (A)  THE DIRECTOR OF JOB AND FAMILY          6,207        

SERVICES SHALL ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH     6,208        

THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION REQUIRED BY  6,210        

SECTION 6301.05 OF THE REVISED CODE TO ENTER INTO A PARTNERSHIP    6,211        

AGREEMENT UNDER THIS SECTION.  A PARTNERSHIP AGREEMENT SHALL       6,213        

INCLUDE THE TYPES OF PROVISIONS REGARDING WORKFORCE DEVELOPMENT    6,214        

ACTIVITIES THAT A PARTNERSHIP AGREEMENT ENTERED INTO UNDER         6,215        

SECTION 5101.21 OF THE REVISED CODE IS REQUIRED TO INCLUDE.        6,217        

      (B)  TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH      6,219        

FEDERAL STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION    6,220        

MADE BY THE GENERAL ASSEMBLY, THE DIRECTOR MAY ESTABLISH A                      

CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE WORKFORCE          6,221        

DEVELOPMENT ACTIVITIES INCLUDED IN A PARTNERSHIP AGREEMENT.  THE   6,222        

CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER OF THE           6,223        

FOLLOWING:                                                                      

      (1)  A MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA  6,225        

DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED       6,226        

                                                          137    


                                                                 
CODE;                                                                           

      (2)  TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND    6,228        

ONE OR MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN         6,229        

DIVISION (A)(3) OF SECTION 6301.01 OF THE REVISED CODE THAT ARE    6,231        

COORDINATING AND INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN   6,232        

THE LOCAL AREA.                                                                 

      A WORKFORCE DEVELOPMENT AGENCY SHALL USE FUNDS AVAILABLE IN  6,234        

A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH   6,235        

THE FUNDS WERE APPROPRIATED.                                       6,236        

      Sec. 5101.22.  The department of human JOB AND FAMILY        6,245        

services may establish performance and other administrative        6,246        

standards for the administration and outcomes of social service    6,248        

FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT ACTIVITIES and    6,249        

determine at intervals the department decides the degree to which  6,250        

a county social service FAMILY SERVICES agency OR WORKFORCE        6,251        

DEVELOPMENT AGENCY complies with a performance or other            6,252        

administrative standard.  The department may use statistical       6,254        

sampling, performance audits, case reviews, or other methods it    6,255        

determines necessary and appropriate to determine compliance with  6,256        

performance and administrative standards.                                       

      A performance or other administrative standard established   6,258        

under this section for a social service FAMILY SERVICE duty OR     6,260        

WORKFORCE DEVELOPMENT ACTIVITY does not apply to a county social   6,262        

service FAMILY SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY     6,263        

administering the duty if a different performance or               6,264        

administrative standard is specified for the agency's              6,265        

administration of the duty OR ACTIVITY pursuant to a partnership   6,266        

agreement entered into under section 5101.21 OR 5101.213 of the    6,267        

Revised Code.                                                      6,268        

      Sec. 5101.23.  Subject to the availability of funds, the     6,277        

department of human JOB AND FAMILY services may provide annual     6,278        

financial, administrative, or other incentive awards to county     6,280        

social service FAMILY SERVICES agencies that exceed performance    6,281        

and other administrative standards specified in a partnership      6,284        

                                                          138    


                                                                 
agreement entered into under section 5101.21 or established under  6,285        

section 5101.22 of the Revised Code.  The amount of a financial    6,286        

incentive award shall be based on the degree to which a county     6,287        

social service agency exceeds a performance or other                            

administrative standard and the amount of money available in the   6,288        

social services incentive fund established under this section AND  6,289        

WORKFORCE DEVELOPMENT AGENCIES.  A county social service FAMILY    6,291        

SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY may spend funds    6,292        

provided as a financial incentive award only for the purpose for   6,293        

which the funds are appropriated.  The department may adopt        6,294        

internal management rules in accordance with section 111.15 of     6,295        

the Revised Code to establish the amounts of awards, methodology   6,296        

for distributing the awards, types of awards, and standards for                 

administration by the department.                                  6,297        

      There is hereby created in the state treasury the social     6,299        

services incentive fund.  The director of human JOB AND FAMILY     6,300        

services may request that the director of budget and management    6,302        

transfer funds in the Title IV-A reserve fund created under        6,303        

section 5101.82 of the Revised Code and other funds appropriated   6,304        

for social service FAMILY SERVICES duties OR WORKFORCE INVESTMENT  6,305        

ACTIVITIES into the fund.  If the director of budget and           6,306        

management determines that the funds identified by the director    6,308        

of human JOB AND FAMILY services are available and appropriate     6,310        

for transfer, the director of budget and management shall make     6,311        

the transfer.  Money in the fund shall be used to provide          6,312        

incentive awards under this section.                                            

      Sec. 5101.24.  (A)  AS USED IN THIS SECTION, "RESPONSIBLE    6,321        

ENTITY" MEANS THE FOLLOWING:                                       6,322        

      (1)  IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT    6,324        

ACTIVITY INVOLVED IS INCLUDED IN A PARTNERSHIP AGREEMENT A BOARD   6,325        

OF COUNTY COMMISSIONERS AND THE DIRECTOR OF JOB AND FAMILY         6,326        

SERVICES ENTERS INTO UNDER SECTION 5101.21 OF THE REVISED CODE,    6,327        

THE BOARD REGARDLESS OF THE FACT THAT A COUNTY FAMILY SERVICES     6,330        

AGENCY PERFORMS THE FAMILY SERVICES DUTY OR A WORKFORCE            6,331        

                                                          139    


                                                                 
DEVELOPMENT AGENCY PERFORMS THE WORKFORCE DEVELOPMENT ACTIVITY.    6,332        

      (2)  IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT    6,334        

ACTIVITY INVOLVED IS NOT INCLUDED IN A PARTNERSHIP AGREEMENT, THE  6,335        

COUNTY FAMILY SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY.     6,336        

      (B)  The department of human JOB AND FAMILY services may     6,339        

take action against a county social service agency under division  6,341        

(B)(C) of this section AGAINST THE RESPONSIBLE ENTITY if the       6,342        

department determines any of the following apply to the COUNTY     6,343        

FAMILY SERVICES agency as regards a social service PERFORMING THE  6,345        

FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT AGENCY PROVIDING     6,346        

THE WORKFORCE DEVELOPMENT ACTIVITY:                                             

      (1)  The agency fails to meet a performance standard         6,348        

specified in a partnership agreement entered into under section    6,349        

5101.21 or established under section 5101.22 of the Revised Code   6,351        

FOR THE DUTY OR ACTIVITY;                                          6,352        

      (2)  The agency fails to comply with a requirement           6,354        

established by federal statute or regulations, state statute, or   6,355        

a department rule FOR THE DUTY OR ACTIVITY;                        6,356        

      (3)  The agency is solely or partially responsible for, or   6,358        

contributes to, an adverse audit or quality control finding,       6,359        

final disallowance of federal financial participation, or other    6,360        

sanction or penalty REGARDING THE DUTY OR ACTIVITY.                6,361        

      (B)(C)  The department may take one or more of the           6,364        

following actions against a county social service agency THE       6,365        

RESPONSIBLE ENTITY if division (A)(B)(1), (2), or (3) of this      6,368        

section applies to the agency:                                                  

      (1)  Require the agency RESPONSIBLE ENTITY to submit to and  6,370        

comply with a corrective action plan pursuant to a time schedule   6,372        

specified by the department;                                       6,373        

      (2)  REQUIRE THE RESPONSIBLE ENTITY TO DO ONE OF THE         6,375        

FOLLOWING:                                                                      

      (a)  SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF       6,377        

FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY;      6,378        

      (b)  REIMBURSE THE DEPARTMENT THE AMOUNT THE DEPARTMENT      6,380        

                                                          140    


                                                                 
PAYS TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THAT REPRESENTS   6,381        

THE AMOUNT THE AGENCY IS RESPONSIBLE FOR OF AN ADVERSE AUDIT OR    6,383        

QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL   6,384        

PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY THE FEDERAL  6,385        

GOVERNMENT OR OTHER ENTITY;                                                     

      (c)  PAY THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THE        6,387        

AMOUNT THAT REPRESENTS THE AMOUNT THE AGENCY IS RESPONSIBLE FOR    6,388        

OF AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL              6,389        

DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER          6,390        

SANCTION OR PENALTY ISSUED BY THE FEDERAL GOVERNMENT OR OTHER      6,391        

ENTITY.                                                                         

      (3)  Impose a financial or administrative sanction OR        6,393        

ADVERSE AUDIT ISSUED BY THE DEPARTMENT against the agency, which   6,395        

may include requiring the agency to share with the department a    6,396        

final disallowance of federal financial participation or other     6,397        

sanction or penalty RESPONSIBLE ENTITY.  A sanction may be         6,398        

increased if the department has previously taken action against    6,399        

the agency RESPONSIBLE ENTITY under this division.                 6,400        

      (3)(4)  Perform a social service, OR CONTRACT WITH A         6,403        

GOVERNMENT OR PRIVATE ENTITY FOR THE ENTITY TO PERFORM, THE                     

FAMILY SERVICES duty for the agency OR WORKFORCE DEVELOPMENT       6,404        

ACTIVITY until the department is satisfied that the agency         6,406        

RESPONSIBLE ENTITY ENSURES THAT THE DUTY OR ACTIVITY will perform  6,407        

the duty BE PERFORMED satisfactorily.  If the department           6,408        

administers PERFORMS OR CONTRACTS WITH AN ENTITY TO PERFORM a      6,409        

social service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT       6,411        

ACTIVITY under division (B)(3) (C)(4) of this section, the         6,413        

department may spend DO EITHER OF THE FOLLOWING:                   6,414        

      (a)  SPEND funds in the county treasury appropriated for     6,417        

the duty OR ACTIVITY;                                                           

      (b)  WITHHOLD FUNDS ALLOCATED TO THE RESPONSIBLE ENTITY FOR  6,419        

THE DUTY OR ACTIVITY AND SPEND THE FUNDS FOR THE DUTY OR           6,420        

ACTIVITY.                                                                       

      (4)(5)  Request that the attorney general bring mandamus     6,422        

                                                          141    


                                                                 
proceedings to compel the agency RESPONSIBLE ENTITY to take or     6,423        

cease the action that causes division (A)(B)(1), (2), or (3) of    6,426        

this section to apply to the agency.  The attorney general shall   6,427        

bring mandamus proceedings in the Franklin county court of         6,428        

appeals at the department's request.                               6,429        

      (C)(D)  If the department decides to take action against a   6,432        

county social service agency THE RESPONSIBLE ENTITY under          6,433        

division (B)(C) of this section, the department shall notify the   6,434        

agency, board of county commissioners, RESPONSIBLE ENTITY and      6,435        

county auditor.  THE NOTICE SHALL BE in writing.                   6,436        

      The county social service agency RESPONSIBLE ENTITY may      6,438        

request an administrative review of the A proposed action, OTHER   6,440        

THAN A PROPOSED ACTION UNDER DIVISION (C)(5) OF THIS SECTION, by   6,442        

sending a written request to the department not later than THE     6,443        

FOLLOWING:                                                                      

      (1)  IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(1)  6,445        

OF THIS SECTION, FIFTEEN DAYS AFTER THE DEPARTMENT MAILS THE       6,446        

NOTICE TO THE RESPONSIBLE ENTITY.  IF IT RECEIVES SUCH A REQUEST   6,448        

WITHIN THE REQUIRED TIME, THE DEPARTMENT SHALL POSTPONE TAKING     6,449        

ACTION UNDER DIVISION (C)(1) OF THIS SECTION FOR FIFTEEN DAYS      6,450        

FOLLOWING THE DAY IT RECEIVES THE REQUEST.  THE DEPARTMENT AND                  

RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE DURING     6,452        

THAT FIFTEEN-DAY PERIOD.                                                        

      (2)  IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(2)  6,454        

OF THIS SECTION, FORTY-FIVE DAYS AFTER THE DEPARTMENT MAILS THE    6,455        

NOTICE TO THE RESPONSIBLE ENTITY.  THE ADMINISTRATIVE REVIEW       6,456        

SHALL BE LIMITED SOLELY TO THE ISSUE OF THE AMOUNT THE             6,457        

RESPONSIBLE ENTITY SHALL SHARE WITH THE DEPARTMENT, REIMBURSE THE  6,458        

DEPARTMENT, OR PAY TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY     6,459        

UNDER DIVISION (C)(2) OF THIS SECTION.  THE DEPARTMENT AND         6,460        

RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY DISPUTE WITHIN     6,461        

SIXTY DAYS.                                                                     

      (3)  IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(3)  6,463        

OR (4) OF THIS SECTION, forty-five days after the department       6,465        

                                                          142    


                                                                 
mails the notice to the agency RESPONSIBLE ENTITY.  If an          6,466        

administrative review is requested, the department and agency may  6,468        

enter into a written agreement setting forth the dispute                        

resolution procedures to be used to resolve the dispute and any    6,469        

other procedural matters the department and agency agree will      6,470        

assist in reaching a prompt, fair, and equitable resolution.  If   6,471        

THE DEPARTMENT AND RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE     6,472        

ANY DISPUTE WITHIN SIXTY DAYS.                                     6,473        

      IF the department and agency RESPONSIBLE ENTITY fail to      6,475        

enter into such an agreement not later than sixty days after the   6,477        

agency requests the administrative review RESOLVE ANY DISPUTE      6,478        

WITHIN THE REQUIRED TIME, the department shall conduct a hearing   6,479        

in accordance with Chapter 119. of the Revised Code, except that   6,482        

the department, notwithstanding section 119.07 of the Revised      6,484        

Code, is not required to schedule the hearing within fifteen days  6,486        

of the agency's RESPONSIBLE ENTITY'S request.                      6,487        

      (E)  THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT       6,489        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS       6,490        

NECESSARY TO IMPLEMENT THIS SECTION.                               6,491        

      Sec. 5101.25.  The department of human services, in          6,500        

consultation with county representatives, shall develop annual     6,501        

training goals and model training curriculum for employees of      6,502        

county social FAMILY services agencies and identify a variety of   6,504        

state funded training opportunities to meet the proposed goals.    6,505        

      Sec. 5101.35.  (A)  As used in this section:                 6,514        

      (1)  "Agency" means the following entities that administer   6,516        

a human FAMILY services program:                                   6,517        

      (a)  The department of human JOB AND FAMILY services;        6,519        

      (b)  A county department of human JOB AND FAMILY services;   6,521        

      (c)  A public children services agency;                      6,523        

      (d)  A private or government entity administering, in whole  6,525        

or in part, a human FAMILY services program for or on behalf of    6,527        

the department of human JOB AND FAMILY services or a county                     

department of human service JOB AND FAMILY SERVICES or public      6,528        

                                                          143    


                                                                 
children services agency.                                          6,529        

      (2)  "Appellant" means an applicant, participant, former     6,531        

participant, recipient, or former recipient of a human FAMILY      6,532        

services program who is entitled by federal or state law to a      6,535        

hearing regarding a decision or order of the agency that           6,537        

administers the program.                                                        

      (3)  "Human FAMILY services program" means assistance        6,539        

provided under Chapter 5104., 5107., 5108., 5111., or 5115. or     6,541        

section 173.35, 5101.141, 5101.46, 5101.54, 5153.163, or 5153.165  6,542        

of the Revised Code, other than assistance provided under section  6,544        

5101.46 of the Revised Code by the department of mental health,    6,545        

the department of mental retardation and developmental             6,546        

disabilities, a board of alcohol, drug addiction, and mental       6,547        

health services, or a county board of mental retardation and       6,548        

developmental disabilities.                                        6,549        

      (B)  An appellant who appeals under federal or state law a   6,551        

decision or order of an agency administering a human FAMILY        6,552        

services program shall, at the appellant's request, be granted a   6,555        

state hearing by the department of human JOB AND FAMILY services.  6,557        

This state hearing shall be conducted in accordance with rules     6,559        

adopted under this section.  The state hearing shall be            6,560        

tape-recorded, but neither the recording nor a transcript of the   6,561        

recording shall be part of the official record of the proceeding.  6,562        

A state hearing decision is binding upon the agency and            6,563        

department, unless it is reversed or modified on appeal to the     6,564        

director of human JOB AND FAMILY services or a court of common     6,565        

pleas.                                                             6,566        

      (C)  An appellant who disagrees with a state hearing         6,568        

decision may make an administrative appeal to the director of      6,569        

human JOB AND FAMILY services in accordance with rules adopted     6,571        

under this section.  This administrative appeal does not require   6,573        

a hearing, but the director or the director's designee shall       6,576        

review the state hearing decision and previous administrative      6,577        

action and may affirm, modify, remand, or reverse the state        6,578        

                                                          144    


                                                                 
hearing decision. Any person designated to make an administrative  6,579        

appeal decision on behalf of the director shall have been          6,580        

admitted to the practice of law in this state.  An administrative  6,581        

appeal decision is the final decision of the department and is     6,582        

binding upon the department and agency, unless it is reversed or   6,584        

modified on appeal to the court of common pleas.                   6,586        

      (D)  An agency shall comply with a decision issued pursuant  6,588        

to division (B) or (C) of this section within the time limits      6,590        

established by rules adopted under this section.  If a county      6,592        

department of human JOB AND FAMILY services or a public children   6,593        

services agency fails to comply within these time limits, the      6,594        

department may take action pursuant to section 5101.24 of the      6,597        

Revised Code.  If another agency fails to comply within the time                

limits, the department may force compliance by withholding funds   6,598        

due the agency or imposing another sanction established by rules   6,599        

adopted under this section.                                        6,600        

      (E)  An appellant who disagrees with an administrative       6,602        

appeal decision of the director of human JOB AND FAMILY services   6,603        

or the director's designee issued under division (C) of this       6,605        

section may appeal from the decision to the court of common pleas  6,606        

pursuant to section 119.12 of the Revised Code.  The appeal shall  6,607        

be governed by section 119.12 of the Revised Code except that:     6,608        

      (1)  The person may appeal to the court of common pleas of   6,610        

the county in which the person resides, or to the court of common  6,612        

pleas of Franklin county if the person does not reside in this     6,613        

state.                                                             6,614        

      (2)  The person may apply to the court for designation as    6,616        

an indigent and, if the court grants this application, the         6,617        

appellant shall not be required to furnish the costs of the        6,618        

appeal.                                                            6,619        

      (3)  The appellant shall mail the notice of appeal to the    6,621        

department of human JOB AND FAMILY services and file notice of     6,622        

appeal with the court within thirty days after the department      6,626        

mails the administrative appeal decision to the appellant.  For    6,627        

                                                          145    


                                                                 
good cause shown, the court may extend the time for mailing and    6,628        

filing notice of appeal, but such time shall not exceed six        6,629        

months from the date the department mails the administrative       6,630        

appeal decision. Filing notice of appeal with the court shall be   6,631        

the only act necessary to vest jurisdiction in the court.          6,632        

      (4)  The department shall be required to file a transcript   6,635        

of the testimony of the state hearing with the court only if the   6,636        

court orders the department to file the transcript.  The court     6,637        

shall make such an order only if it finds that the department and  6,638        

the appellant are unable to stipulate to the facts of the case     6,639        

and that the transcript is essential to a determination of the     6,640        

appeal.  The department shall file the transcript not later than   6,641        

thirty days after the day such an order is issued.                 6,642        

      (F)  The department of human JOB AND FAMILY services shall   6,644        

adopt rules in accordance with Chapter 119. of the Revised Code    6,647        

to implement this section, including rules governing the           6,648        

following:                                                                      

      (1)  State hearings under division (B) of this section;      6,650        

      (2)  Administrative appeals under division (C) of this       6,652        

section;                                                           6,653        

      (3)  Time limits for complying with a decision issued under  6,655        

division (B) or (C) of this section;                               6,656        

      (4)  Sanctions that may be applied against an agency under   6,658        

division (D) of this section.                                      6,659        

      (G)  THE REQUIREMENTS OF CHAPTER 119. OF THE REVISED CODE    6,661        

APPLY TO A STATE HEARING OR ADMINISTRATIVE APPEAL UNDER THIS       6,662        

SECTION ONLY TO THE EXTENT, IF ANY, SPECIFICALLY PROVIDED BY       6,663        

RULES ADOPTED UNDER THIS SECTION.                                               

      Sec. 5101.351.  THE DEPARTMENT OF JOB AND FAMILY SERVICES    6,665        

MAY EMPLOY OR CONTRACT WITH HEARING OFFICERS TO DRAFT AND          6,666        

RECOMMEND STATE HEARING DECISIONS UNDER DIVISION (B) OF SECTION    6,667        

5101.35 OF THE REVISED CODE.  THE DEPARTMENT MAY EMPLOY OR         6,669        

CONTRACT WITH HEARING AUTHORITIES TO ISSUE STATE HEARING                        

DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE REVISED     6,671        

                                                          146    


                                                                 
CODE.  A HEARING AUTHORITY EMPLOYED OR CONTRACTED WITH ON OR       6,672        

AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE BEEN ADMITTED  6,673        

TO THE PRACTICE OF LAW IN THIS STATE.  A HEARING AUTHORITY         6,674        

EMPLOYED OR CONTRACTED WITH BEFORE THE EFFECTIVE DATE OF THIS      6,675        

SECTION IS NOT REQUIRED TO HAVE BEEN ADMITTED TO THE PRACTICE OF   6,676        

LAW IN THIS STATE.                                                              

      Sec. 5101.37.  (A)  The department of human JOB AND FAMILY   6,685        

services and each county department of human JOB AND FAMILY        6,687        

services and child support enforcement agency may make any         6,689        

investigations that are necessary in the performance of their      6,690        

duties, and to that end they shall have the same power as a judge  6,691        

of a county court to administer oaths and to enforce the           6,692        

attendance and testimony of witnesses and the production of books  6,693        

or papers.                                                                      

      The department and each county department and agency shall   6,697        

keep a record of their investigations stating the time, place,     6,698        

charges or subject, witnesses summoned and examined, and their     6,699        

conclusions.                                                                    

      In matters involving the conduct of an officer, a            6,701        

stenographic report of the evidence shall be taken and a copy of   6,702        

the report, with all documents introduced, kept on file at the     6,703        

office of the department, county department, or agency.            6,705        

      The fees of witnesses for attendance and travel shall be     6,707        

the same as in the court of common pleas, but no officer or        6,708        

employee of the institution under investigation is entitled to     6,709        

such fees.                                                         6,710        

      (B)  In conducting hearings pursuant to sections 3113.21 to  6,712        

3113.216 or pursuant to division (B) of section 5101.35 of the     6,714        

Revised Code, the department and each child support enforcement    6,715        

agency have the same power as a judge of a county court to         6,716        

administer oaths and to enforce the attendance and testimony of    6,717        

witnesses and the production of books or papers.  The department   6,718        

and each agency shall keep a record of those hearings stating the  6,719        

time, place, charges or subject, witnesses summoned and examined,  6,720        

                                                          147    


                                                                 
and their conclusions.                                             6,721        

      The issuance of a subpoena by the department or a child      6,723        

support enforcement agency to enforce attendance and testimony of  6,724        

witnesses and the production of books or papers at a hearing is    6,725        

discretionary and the department or agency is not required to pay  6,726        

the fees of witnesses for attendance and travel.                   6,727        

      (C)  Any judge of any division of the court of common        6,730        

pleas, upon application of the department or a county department                

or child support enforcement agency, may compel the attendance of  6,731        

witnesses, the production of books or papers, and the giving of    6,732        

testimony before the department, county department, or agency, by  6,734        

a judgment for contempt or otherwise, in the same manner as in     6,735        

cases before those courts.                                         6,736        

      Sec. 5101.38.  The department of human JOB AND FAMILY        6,745        

services may appoint and commission any competent officer,         6,748        

employee, agency, or person to serve as a special agent,           6,749        

investigator, or representative to perform a designated duty for   6,750        

and in behalf of the department.  Specific credentials shall be    6,752        

given by the department to each person so designated, and each     6,754        

credential shall state:                                                         

      (A)  The person's name;                                      6,756        

      (B)  Agency with which such person is connected;             6,758        

      (C)  Purpose of appointment;                                 6,760        

      (D)  Date of expiration of appointment, if appropriate;      6,762        

      (E)  Such information as the department considers proper.    6,764        

      Sec. 5101.47.  (A)  THE DIRECTOR OF JOB AND FAMILY SERVICES  6,766        

MAY ACCEPT APPLICATIONS, DETERMINE ELIGIBILITY, AND PERFORM        6,767        

RELATED ADMINISTRATIVE ACTIVITIES FOR ONE OR MORE OF THE           6,768        

FOLLOWING:                                                                      

      (1)  THE MEDICAID PROGRAM ESTABLISHED BY CHAPTER 5111. OF    6,770        

THE REVISED CODE;                                                  6,771        

      (2)  THE CHILDREN'S HEALTH INSURANCE PROGRAM PARTS I AND II  6,774        

PROVIDED FOR UNDER SECTIONS 5101.50 AND 5101.51 OF THE REVISED     6,776        

CODE;                                                                           

                                                          148    


                                                                 
      (3)  PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER CHAPTER   6,778        

5104. OF THE REVISED CODE;                                         6,779        

      (4)  OTHER PROGRAMS THE DIRECTOR DETERMINES ARE SUPPORTIVE   6,781        

OF CHILDREN OR FAMILIES WITH AT LEAST ONE EMPLOYED MEMBER.         6,782        

      (B)  IF THE DIRECTOR ELECTS TO ACCEPT APPLICATIONS,          6,784        

DETERMINE ELIGIBILITY, AND PERFORM RELATED ADMINISTRATIVE          6,785        

ACTIVITIES FOR A PROGRAM SPECIFIED IN OR PURSUANT TO DIVISION (A)  6,786        

OF THIS SECTION, BOTH OF THE FOLLOWING APPLY:                      6,787        

      (1)  AN INDIVIDUAL SEEKING SERVICES UNDER THE PROGRAM MAY    6,789        

APPLY FOR THE PROGRAM TO THE DIRECTOR OR TO THE ENTITY THAT STATE  6,790        

LAW GOVERNING THE PROGRAM AUTHORIZES TO ACCEPT APPLICATIONS FOR    6,791        

THE PROGRAM.                                                       6,792        

      (2)  THE DIRECTOR IS SUBJECT TO FEDERAL AND STATE LAW THAT   6,794        

REQUIRE, PERMIT, OR PROHIBIT AN ACTION REGARDING ACCEPTING         6,795        

APPLICATIONS, DETERMINING ELIGIBILITY, AND PERFORMING RELATED      6,796        

ADMINISTRATIVE ACTIVITIES FOR THE PROGRAM.                         6,797        

      (C)  THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT  6,799        

THIS SECTION.                                                      6,800        

      Sec. 5101.80.  (A)  The department of human JOB AND FAMILY   6,809        

services shall do all of the following:                            6,811        

      (1)  Prepare and submit to the United States secretary of    6,813        

health and human services a Title IV-A state plan, and amendments  6,815        

to the plan that the department determines necessary, for the      6,816        

Ohio works first program established under Chapter 5107. of the    6,818        

Revised Code and the prevention, retention, and contingency                     

program established under Chapter 5108. of the Revised Code;       6,820        

      (2)  Prescribe forms for applications, certificates,         6,822        

reports, records, and accounts of county departments of human JOB  6,824        

AND FAMILY services, and other matters related to the Ohio works   6,825        

first program and the prevention, retention, and contingency       6,826        

program;                                                                        

      (3)  Make such reports, in such form and containing such     6,828        

information as the department may find necessary to assure the     6,831        

correctness and verification of such reports, regarding the Ohio   6,832        

                                                          149    


                                                                 
works first program and the prevention, retention, and                          

contingency program;                                               6,833        

      (4)  Require reports and information from each county        6,835        

department of human JOB AND FAMILY services as may be necessary    6,836        

or advisable regarding the Ohio works first program and the        6,837        

prevention, retention, and contingency program;                    6,838        

      (5)  Afford a fair hearing in accordance with section        6,840        

5101.35 of the Revised Code to any applicant for, or participant   6,842        

or former participant of, the Ohio works first program or the      6,843        

prevention, retention, and contingency program aggrieved by a                   

decision regarding either program;                                 6,844        

      (6)  Administer and expend, pursuant to Chapters 5107. and   6,847        

5108. of the Revised Code, any sums appropriated by the general    6,848        

assembly for the purpose of those chapters and all sums paid to    6,850        

the state by the secretary of the treasury of the United States    6,852        

as authorized by Title IV-A of the "Social Security Act," 49       6,854        

Stat. 620 (1935), 42 U.S.C. 301, as amended;                       6,855        

      (7)  Conduct investigations as are necessary regarding the   6,858        

Ohio works first program and the prevention, retention, and        6,859        

contingency program;                                                            

      (8)  Enter into reciprocal agreements with other states      6,861        

relative to the provision of Ohio works first and prevention,      6,863        

retention, and contingency to residents and nonresidents;          6,864        

      (9)  Contract with a private entity to conduct an            6,867        

independent on-going evaluation of the Ohio works first program    6,868        

and the prevention, retention, and contingency program.  The       6,869        

contract must require the private entity to do all of the          6,871        

following:                                                                      

      (a)  Examine issues of process, practice, impact, and        6,873        

outcomes;                                                                       

      (b)  Study former participants of Ohio works first who have  6,876        

not participated in Ohio works first for at least one year to      6,877        

determine whether they are employed, the type of employment in     6,879        

which they are engaged, the amount of compensation they are        6,880        

                                                          150    


                                                                 
receiving, whether their employer provides health insurance,       6,881        

whether and how often they have received assistance or services                 

under the prevention, retention, and contingency program, and      6,882        

whether they are successfully self sufficient;                     6,883        

      (c)  Provide the department an initial report of the         6,885        

evaluation not later than two years after the effective date of    6,886        

this amendment OCTOBER 1, 1997, and provide subsequent reports at  6,887        

times the department specifies.                                    6,889        

      (10)  Not later than March 1, 1998, and the first day of     6,893        

each September and March thereafter until September 1, 2001,       6,895        

prepare a county by county report concerning individuals who       6,896        

cease to participate in Ohio works first that contains the         6,897        

reasons the individuals ceased to participate, including           6,898        

employment, marital status, and relocation;                        6,899        

      (11)  Not later than January 1, 2001, and the first day of   6,903        

each January and July thereafter, prepare a report containing      6,905        

information on the following:                                                   

      (a)  A county by county breakdown of individuals who cease   6,908        

to participate in Ohio works first and the reasons the             6,909        

individuals ceased to participate, including exhausting the time   6,910        

limits for participation set forth in section 5107.18 of the       6,911        

Revised Code.                                                      6,912        

      (b)  Individuals who have been exempted from the time        6,915        

limits set forth in section 5107.18 of the Revised Code and the    6,917        

reasons for the exemption.                                         6,918        

      (12)  NOT LATER THAN JANUARY 1, 2001, AND ON A QUARTERLY     6,920        

BASIS THEREAFTER UNTIL DECEMBER 1, 2003, PREPARE, TO THE EXTENT    6,921        

THE NECESSARY DATA IS AVAILABLE TO THE DEPARTMENT, A REPORT BASED  6,923        

ON INFORMATION DETERMINED UNDER SECTION 5107.80 OF THE REVISED                  

CODE THAT STATES HOW MANY FORMER OHIO WORKS FIRST PARTICIPANTS     6,925        

ENTERED THE WORKFORCE DURING THE MOST RECENT PREVIOUS QUARTER FOR  6,927        

WHICH THE INFORMATION IS KNOWN AND INCLUDES INFORMATION REGARDING  6,928        

THE EARNINGS OF THOSE FORMER PARTICIPANTS.  THE REPORT SHALL       6,929        

INCLUDE A COUNTY-BY-COUNTY BREAKDOWN AND SHALL NOT CONTAIN THE                  

                                                          151    


                                                                 
NAMES OR SOCIAL SECURITY NUMBERS OF FORMER PARTICIPANTS.           6,931        

      (B)  The department shall provide copies of the reports it   6,933        

receives under division (A)(9) of this section and prepares under  6,935        

divisions (A)(10) and, (11), AND (12) of this section to the       6,938        

governor, the president and minority leader of the senate, and     6,939        

the speaker and minority leader of the house of representatives.   6,940        

The department shall provide copies of the reports to any private  6,941        

or government entity on request.                                                

      (C)  An authorized representative of the department or a     6,943        

county department of human JOB AND FAMILY services shall have      6,944        

access to all records and information bearing thereon for the      6,946        

purposes of investigations conducted pursuant to this section.     6,947        

      Sec. 5101.97.  (A)(1)  Not later than January 1, 1998, and   6,957        

the first day of each July and January thereafter, the department  6,959        

of human JOB AND FAMILY services shall complete a report on the    6,960        

characteristics of the individuals who participate in or receive   6,962        

services through the programs operated by the department and the   6,963        

outcomes of the individuals' participation in or receipt of        6,964        

services through the programs.  The report shall include           6,965        

information on the following:                                      6,966        

      (a)  Work activities, developmental activities, and          6,968        

alternative work activities established under sections 5107.40 to  6,970        

5107.69 of the Revised Code;                                       6,971        

      (b)  Programs of publicly funded child day-care, as defined  6,973        

in section 5104.01 of the Revised Code;                            6,974        

      (c)  Child support enforcement programs;                     6,976        

      (d)  Births to recipients of the medical assistance program  6,978        

established under Chapter 5111. of the Revised Code.               6,979        

      (2)  Not later than July 1, 1999, and the first day of each  6,983        

July thereafter, the department shall complete a progress report   6,984        

on the partnership agreements between the director of human JOB    6,985        

AND FAMILY services and boards of county commissioners under       6,987        

section 5101.21 of the Revised Code.  The report shall include a   6,988        

review of whether the county social service FAMILY SERVICES        6,989        

                                                          152    


                                                                 
agencies AND WORKFORCE DEVELOPMENT AGENCIES satisfied performance  6,991        

standards included in the agreements and whether the department    6,993        

provided assistance, services, and technical support specified in               

the agreements to aid the agencies in meeting the performance      6,994        

standards.                                                                      

      (3)  The department shall submit the reports required under  6,997        

divisions (A)(1) and (2) of this section to the speaker and        6,998        

minority leader of the house of representatives, the president     6,999        

and minority leader of the senate, the legislative budget          7,000        

officer, the director of budget and management, and each board of  7,001        

county commissioners.   The department shall provide copies of     7,002        

each report to any person or government entity on request.         7,003        

      In designing the format for each report, the department      7,005        

shall consult with individuals, organizations, and government      7,006        

entities interested in the programs operated by the department,    7,007        

so that the reports are designed to enable the general assembly    7,009        

and the public to evaluate the effectiveness of the programs and   7,010        

identify any needs that the programs are not meeting.              7,011        

      (B)  Whenever the federal government requires that the       7,014        

department submit a report on a program that is operated by the    7,015        

department or is otherwise under the department's jurisdiction,    7,016        

the department shall prepare and submit the report in accordance   7,017        

with the federal requirements applicable to that report.  To the   7,018        

extent possible, the department may coordinate the preparation     7,019        

and submission of a particular report with any other report,       7,020        

plan, or other document required to be submitted to the federal    7,021        

government, as well as with any report required to be submitted    7,022        

to the general assembly.  The reports required by the Personal     7,023        

Responsibility and Work Opportunity Reconciliation Act of 1996     7,026        

(P.L. 104-193) may be submitted as an annual summary.              7,027        

      Sec. 5103.02.  As used in sections 5103.03 to 5103.19        7,036        

5103.17 of the Revised Code:                                       7,038        

      (A)  "Institution" or "association" includes any             7,040        

incorporated or unincorporated organization, society,              7,041        

                                                          153    


                                                                 
association, or agency, public or private, that receives or cares  7,042        

for children for two or more consecutive weeks; any individual     7,044        

who, for hire, gain, or reward, receives or cares for children     7,045        

for two or more consecutive weeks, unless the individual is                     

related to them by blood or marriage; and any individual not in    7,046        

the regular employ of a court, or of an institution or             7,048        

association certified in accordance with section 5103.03 of the    7,049        

Revised Code, who in any manner becomes a party to the placing of  7,050        

children in foster homes, unless the individual is related to      7,051        

such children by blood or marriage, or is the appointed guardian                

of such children; provided, that any organization, society,        7,052        

association, school, agency, child guidance center, detention or   7,053        

rehabilitation facility, or children's clinic licensed,            7,054        

regulated, approved, operated under the direction of, or           7,055        

otherwise certified by the department of education, a local board  7,056        

of education, the department of youth services, the department of  7,057        

mental health, or the department of mental retardation and         7,058        

developmental disabilities, or any individual who provides care    7,059        

for only a single-family group, placed there by their parents or   7,060        

other relative having custody, shall not be considered as being    7,061        

within the purview of these sections.                              7,062        

      (B)  "Family foster home" has the same meaning as in         7,065        

section 2151.011 of the Revised Code.                              7,066        

      (C)  "Treatment foster home" means a family foster home      7,068        

that incorporates special psychological or medical treatment       7,069        

designed to care for the specific needs of the children received   7,070        

in the family foster home and that receives and cares for          7,071        

children who are emotionally or behaviorally disturbed, medically  7,072        

fragile requiring special medical treatment due to physical                     

ailment or condition, mentally retarded, or developmentally        7,073        

disabled.                                                                       

      Sec. 5107.80.  THE DIRECTOR OF JOB AND FAMILY SERVICES,      7,075        

USING INFORMATION PROVIDED BY EMPLOYERS UNDER SECTION 5101.312 OF  7,076        

THE REVISED CODE, SHALL DETERMINE QUARTERLY WHETHER INDIVIDUALS    7,079        

                                                          154    


                                                                 
WHO HAVE CEASED TO PARTICIPATE IN OHIO WORKS FIRST HAVE ENTERED    7,080        

THE WORKFORCE.                                                     7,081        

      Sec. 6301.01.  AS USED IN THIS CHAPTER:                      7,083        

      (A)  "LOCAL AREA" MEANS ANY OF THE FOLLOWING:                7,085        

      (1)  A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO           7,087        

ADMINISTER AND ENFORCE THE "WORKFORCE INVESTMENT ACT OF 1998,"     7,088        

112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, UNDER THIS CHAPTER    7,090        

AND IS NOT JOINING IN PARTNERSHIP WITH ANY OTHER POLITICAL         7,092        

SUBDIVISIONS IN ORDER TO DO SO;                                                 

      (2)  A SINGLE COUNTY;                                        7,094        

      (3)  A CONSORTIUM OF ANY OF THE FOLLOWING POLITICAL          7,096        

SUBDIVISIONS:                                                                   

      (a)  A GROUP OF TWO OR MORE COUNTIES IN THE STATE;           7,098        

      (b)  ONE OR MORE COUNTIES AND ONE MUNICIPAL CORPORATION IN   7,100        

THE STATE;                                                         7,101        

      (c)  ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL      7,103        

CORPORATION IN THE STATE AND ONE OR MORE COUNTIES WITH OR WITHOUT  7,104        

ONE MUNICIPAL CORPORATION IN ANOTHER STATE, ON THE CONDITION THAT  7,105        

THOSE IN ANOTHER STATE SHARE A LABOR MARKET AREA WITH THOSE IN     7,106        

THE STATE.                                                                      

      "LOCAL AREA" DOES NOT MEAN A REGION FOR PURPOSES OF          7,108        

DETERMINATIONS CONCERNING ADMINISTRATIVE INCENTIVES.               7,109        

      (B)  "MUNICIPAL CORPORATION" MEANS A MUNICIPAL CORPORATION   7,113        

THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY DESIGNATION AS A       7,114        

LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO SECTION 116(a)(2) OR   7,115        

(3) OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29   7,117        

U.S.C.A. 2831(a)(2) OR (3), BUT THAT DOES NOT REQUEST THAT THE     7,119        

GOVERNOR GRANT SUCH AUTOMATIC OR TEMPORARY DESIGNATION, AND THAT   7,120        

INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT     7,122        

ACTIVITIES PURSUANT TO THIS CHAPTER.                               7,123        

      (C)  "COUNTY" MEANS A COUNTY THAT IS ELIGIBLE TO BE          7,125        

DESIGNATED AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE    7,127        

"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A.     7,129        

2801, AS AMENDED, BUT THAT DOES NOT REQUEST SUCH DESIGNATION, AND  7,130        

                                                          155    


                                                                 
INSTEAD ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT     7,131        

ACTIVITIES PURSUANT TO THIS CHAPTER.                               7,132        

      (D)  "WORKFORCE DEVELOPMENT AGENCY" MEANS THE ENTITY GIVEN   7,135        

RESPONSIBILITY FOR WORKFORCE DEVELOPMENT ACTIVITIES THAT IS        7,136        

DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE      7,137        

WITH SECTION 330.04 OF THE REVISED CODE, THE CHIEF ELECTED         7,138        

OFFICIAL OF A MUNICIPAL CORPORATION IN ACCORDANCE WITH SECTION     7,139        

763.05 OF THE REVISED CODE, OR THE CHIEF ELECTED OFFICIALS OF A    7,141        

LOCAL AREA DEFINED IN DIVISION (A)(3) OF THIS SECTION.             7,142        

      (E)  "WORKFORCE DEVELOPMENT ACTIVITY" MEANS A PROGRAM,       7,144        

GRANT, OR OTHER FUNCTION, THE PRIMARY GOAL OF WHICH IS TO DO ONE   7,145        

OR MORE OF THE FOLLOWING:                                          7,146        

      (1)  HELP INDIVIDUALS MAXIMIZE THEIR EMPLOYMENT              7,148        

OPPORTUNITIES;                                                                  

      (2)  HELP EMPLOYERS GAIN ACCESS TO SKILLED WORKERS;          7,150        

      (3)  HELP EMPLOYERS RETAIN SKILLED WORKERS;                  7,152        

      (4)  HELP DEVELOP OR ENHANCE THE SKILLS OF INCUMBENT         7,154        

WORKERS;                                                                        

      (5)  IMPROVE THE QUALITY OF THE STATE'S WORKFORCE;           7,156        

      (6)  ENHANCE THE PRODUCTIVITY AND COMPETITIVENESS OF THE     7,158        

STATE'S ECONOMY.                                                   7,159        

      (F)  "CHIEF ELECTED OFFICIALS," WHEN USED IN REFERENCE TO A  7,161        

LOCAL AREA, MEANS THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY  7,163        

OR OF EACH COUNTY IN THE LOCAL AREA OR, IF THE COUNTY HAS ADOPTED  7,165        

A CHARTER UNDER SECTION 3 OF ARTICLE X, OHIO CONSTITUTION, THE     7,170        

CHIEF GOVERNING BODY OF THAT COUNTY, AND THE CHIEF ELECTED         7,171        

OFFICIAL OF THE MUNICIPAL CORPORATION, IF THE LOCAL AREA INCLUDES  7,173        

A MUNICIPAL CORPORATION, EXCEPT THAT WHEN THE LOCAL AREA IS THE    7,174        

TYPE DEFINED IN DIVISION (A)(1) OF THIS SECTION, "CHIEF ELECTED    7,175        

OFFICIALS" MEANS THE CHIEF ELECTED OFFICIAL OF THE MUNICIPAL       7,176        

CORPORATION.                                                                    

      Sec. 6301.02.  THE DIRECTOR OF JOB AND FAMILY SERVICES       7,178        

SHALL ADMINISTER THE "WORKFORCE INVESTMENT ACT OF 1998," 112       7,180        

STAT. 936, 29 U.S.C.A. 2801, AS AMENDED, THE "WAGNER-PEYSER ACT,"  7,184        

                                                          156    


                                                                 
48 STAT. 113 (1933), 29 U.S.C.A. 49, AS AMENDED, AND THE FUNDS     7,187        

RECEIVED PURSUANT TO THOSE ACTS.  IN ADMINISTERING THOSE ACTS AND  7,188        

FUNDS RECEIVED PURSUANT TO THOSE ACTS, THE DIRECTOR SHALL          7,189        

ESTABLISH AND ADMINISTER A WORKFORCE DEVELOPMENT SYSTEM THAT IS    7,190        

DESIGNED TO PROVIDE LEADERSHIP, SUPPORT, AND OVERSIGHT TO LOCALLY  7,191        

DESIGNED WORKFORCE DEVELOPMENT AND FAMILY SERVICES SYSTEMS AND     7,193        

THAT PROVIDES THE MAXIMUM AMOUNT OF FLEXIBILITY AND AUTHORITY TO   7,194        

COUNTIES AND MUNICIPAL CORPORATIONS, AS PERMITTED UNDER THE        7,195        

"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A.     7,199        

2801, AS AMENDED.  THE DIRECTOR SHALL CONDUCT INVESTIGATIONS AND   7,201        

HOLD HEARINGS AS NECESSARY FOR THE ADMINISTRATION OF THIS          7,202        

CHAPTER.                                                                        

      TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, THE        7,204        

DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED   7,206        

CODE TO ESTABLISH ANY PROGRAM OR PILOT PROGRAM FOR THE PURPOSES    7,207        

OF PROVIDING WORKFORCE DEVELOPMENT ACTIVITIES OR FAMILY SERVICES   7,208        

TO INDIVIDUALS WHO DO NOT MEET ELIGIBILITY CRITERIA FOR THOSE      7,209        

ACTIVITIES OR SERVICES UNDER APPLICABLE FEDERAL LAW.  PRIOR TO     7,210        

THE INITIATION OF ANY PROGRAM OF THAT NATURE, THE DIRECTOR OF      7,211        

BUDGET AND MANAGEMENT SHALL CERTIFY TO THE GOVERNOR THAT           7,212        

SUFFICIENT FUNDS ARE AVAILABLE TO ADMINISTER A PROGRAM OF THAT     7,213        

NATURE.                                                                         

      UNLESS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, EVERY   7,215        

STATE AGENCY, BOARD, OR COMMISSION SHALL PROVIDE TO THE DIRECTOR   7,216        

ALL INFORMATION AND ASSISTANCE REQUESTED BY THE DIRECTOR IN        7,217        

FURTHERANCE OF WORKFORCE DEVELOPMENT ACTIVITIES.                   7,218        

      Sec. 6301.03.  (A)  IN ADMINISTERING THE "WORKFORCE          7,221        

INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS       7,224        

AMENDED, THE "WAGNER-PEYSER ACT," 48 STAT. 113 (1933), 29          7,226        

U.S.C.A. 49, AS AMENDED, THE FUNDS RECEIVED PURSUANT TO THOSE      7,227        

ACTS, AND THE WORKFORCE DEVELOPMENT SYSTEM, THE DIRECTOR OF JOB    7,228        

AND FAMILY SERVICES MAY MAKE ALLOCATIONS AND PAYMENT OF FUNDS FOR  7,229        

THE LOCAL ADMINISTRATION OF THE WORKFORCE DEVELOPMENT ACTIVITIES   7,231        

ESTABLISHED UNDER THIS CHAPTER.  PURSUANT TO THE "WORKFORCE        7,232        

                                                          157    


                                                                 
INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS       7,234        

AMENDED, THE GOVERNOR SHALL RESERVE NOT MORE THAN FIFTEEN PER      7,236        

CENT OF THE AMOUNTS ALLOCATED TO THE STATE UNDER TITLE I OF THAT   7,237        

ACT FOR ADULTS, DISLOCATED WORKERS, AND YOUTH FOR STATEWIDE        7,238        

ACTIVITIES, AND NOT MORE THAN TWENTY-FIVE PER CENT OF FUNDS        7,239        

ALLOCATED FOR DISLOCATED WORKERS UNDER TITLE I OF THAT ACT FOR     7,240        

STATEWIDE RAPID RESPONSE ACTIVITIES.                               7,241        

      (B)  THE DIRECTOR SHALL ALLOCATE TO LOCAL AREAS ALL FUNDS    7,245        

REQUIRED TO BE ALLOCATED TO LOCAL AREAS PURSUANT TO THE            7,246        

"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A.     7,248        

2801, AS AMENDED.  THE DIRECTOR SHALL MAKE ALLOCATIONS ONLY WITH   7,249        

FUNDS AVAILABLE AND IN ACCORDANCE WITH ALL OF THE FOLLOWING:       7,250        

      (1)  IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING        7,252        

WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES     7,253        

THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AS ITS WORKFORCE  7,254        

DEVELOPMENT AGENCY, THE DIRECTOR SHALL ALLOCATE THE FUNDS TO THAT  7,255        

COUNTY DEPARTMENT.  THAT COUNTY DEPARTMENT SHALL DEPOSIT ALL       7,256        

FUNDS RECEIVED PURSUANT TO THIS SECTION INTO THE COUNTY PUBLIC     7,257        

ASSISTANCE FUND.                                                   7,258        

      (2)  IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING        7,260        

WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS  7,261        

ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY FOR WHICH THE BOARD     7,262        

MAINTAINS RESPONSIBILITY OR CONTROL, BUT WHICH IS NOT THE COUNTY   7,263        

DEPARTMENT OF JOB AND FAMILY SERVICES, THE BOARD SHALL ESTABLISH   7,264        

A COUNTY WORKFORCE DEVELOPMENT FUND, AND THE ENTITY RECEIVING THE  7,265        

FUNDS SHALL DEPOSIT ALL FUNDS RECEIVED UNDER THIS SECTION INTO     7,266        

THE COUNTY WORKFORCE DEVELOPMENT FUND.  ALL EXPENDITURES FOR       7,267        

ACTIVITIES FUNDED UNDER THIS SECTION SHALL BE MADE FROM THE        7,268        

COUNTY WORKFORCE DEVELOPMENT FUND.                                 7,269        

      (3)  IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING        7,271        

WORKFORCE DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS  7,272        

ITS WORKFORCE DEVELOPMENT AGENCY AN ENTITY OTHER THAN ONE          7,273        

DESCRIBED IN DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BOARD   7,274        

SHALL DESIGNATE A FISCAL AGENT TO RECEIVE AND BE RESPONSIBLE FOR   7,275        

                                                          158    


                                                                 
THE FUNDS.  ANY ENTITY DESIGNATED BY THE BOARD AS THE FISCAL       7,276        

AGENT SHALL BE AN AGENCY SUPERVISED BY THE DIRECTOR OR THE COUNTY  7,277        

AUDITOR.                                                           7,278        

      (4)  IF A MUNICIPAL CORPORATION ADMINISTERING WORKFORCE      7,280        

DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL IS DESIGNATED TO         7,281        

RECEIVE FUNDS UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL  7,282        

PLACE ALL FUNDS RECEIVED UNDER THIS SECTION INTO A SPECIAL FUND    7,283        

AND ALL EXPENDITURES FOR WORKFORCE DEVELOPMENT ACTIVITIES SHALL    7,284        

BE MADE FROM THAT FUND.  THE MUNICIPAL CORPORATION MAY USE THE     7,285        

FUNDS IN THAT FUND ONLY FOR THE WORKFORCE DEVELOPMENT ACTIVITIES   7,286        

FOR WHICH THE FUNDS ARE APPROPRIATED.                              7,287        

      (C)  THE USE OF FUNDS, REPORTING REQUIREMENTS, AND OTHER     7,289        

ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS GOVERNING THE USE OF   7,290        

FUNDS RECEIVED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL BE   7,292        

GOVERNED BY INTERNAL MANAGEMENT RULES ADOPTED BY THE DIRECTOR                   

PURSUANT TO SECTION 111.15 OF THE REVISED CODE.                    7,293        

      (D)  TO THE EXTENT PERMITTED BY STATE OR FEDERAL LAW, THE    7,295        

DIRECTOR, LOCAL AREAS, COUNTIES, AND MUNICIPAL CORPORATIONS        7,296        

AUTHORIZED TO ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES MAY      7,297        

ASSESS A FEE FOR SPECIALIZED SERVICES REQUESTED BY AN EMPLOYER.    7,298        

THE DIRECTOR SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE     7,300        

REVISED CODE GOVERNING THE NATURE AND AMOUNT OF THOSE TYPES OF     7,301        

FEES.                                                                           

      Sec. 6301.04.  THE GOVERNOR SHALL ESTABLISH A STATE          7,303        

WORKFORCE POLICY BOARD AND APPOINT MEMBERS TO THE BOARD, WHO       7,304        

SERVE AT THE GOVERNOR'S PLEASURE, TO PERFORM DUTIES UNDER THE      7,305        

"WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 U.S.C.A.     7,307        

2801, AS AMENDED, AS AUTHORIZED BY THE GOVERNOR.  THE BOARD IS     7,308        

NOT SUBJECT TO SECTION 101.84 OF THE REVISED CODE.  THE DIRECTOR   7,309        

OF JOB AND FAMILY SERVICES MAY ASSIST THE BOARD IN THE             7,310        

PERFORMANCE OF ITS DUTIES.                                         7,311        

      Sec. 6301.05.  THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL     7,313        

CORPORATION THAT IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION     7,315        

(A)(1) OF SECTION 6301.01 OF THE REVISED CODE OR IS IN THE TYPE    7,316        

                                                          159    


                                                                 
OF LOCAL AREA DEFINED IN DIVISION (A)(3) OF THAT SECTION SHALL     7,317        

ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF    7,318        

JOB AND FAMILY SERVICES IN ACCORDANCE WITH SECTION 5101.213 OF     7,320        

THE REVISED CODE.                                                               

      THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT IS THE    7,322        

TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(2) OF SECTION 6301.01   7,323        

OF THE REVISED CODE OR IS IN THE TYPE OF LOCAL AREA DEFINED IN     7,325        

DIVISION (A)(3) OF THAT SECTION SHALL ENTER INTO A WRITTEN         7,326        

PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF JOB AND FAMILY                       

SERVICES IN ACCORDANCE WITH SECTION 5101.21 OF THE REVISED CODE.   7,328        

      Sec. 6301.06.  (A)  THE CHIEF ELECTED OFFICIALS OF A LOCAL   7,330        

AREA SHALL CREATE A WORKFORCE POLICY BOARD, WHICH SHALL CONSIST    7,331        

OF THE FOLLOWING INDIVIDUALS:                                      7,332        

      (1)  THE CHIEF ELECTED OFFICIAL FROM THE MUNICIPAL           7,334        

CORPORATION WITH THE LARGEST POPULATION IN THE LOCAL AREA, EXCEPT  7,335        

THAT IF THE MUNICIPAL CORPORATION IS A LOCAL AREA AS DEFINED IN    7,336        

DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE, THE CHIEF  7,338        

ELECTED OFFICIAL OF THAT MUNICIPAL CORPORATION MAY DETERMINE       7,339        

WHETHER TO BE A MEMBER OF THE BOARD.  NOTWITHSTANDING DIVISION     7,342        

(B) OF SECTION 6301.01 OF THE REVISED CODE, AS USED IN DIVISION    7,343        

(A)(1) OF THIS SECTION, "MUNICIPAL CORPORATION" MEANS ANY          7,345        

MUNICIPAL CORPORATION.                                                          

      (2)  THE FOLLOWING INDIVIDUALS APPOINTED TO THE BOARD BY     7,347        

THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, WHO SHALL MAKE      7,348        

THOSE APPOINTMENTS ACCORDING TO ALL OF THE FOLLOWING               7,350        

SPECIFICATIONS:                                                                 

      (a)  AT LEAST FIVE MEMBERS OF THE BOARD SHALL BE             7,352        

REPRESENTATIVES OF PRIVATE SECTOR BUSINESSES IN THE GENERAL LABOR  7,353        

MARKET AREA THAT INCLUDES THAT LOCAL AREA, AND SHALL BE APPOINTED  7,354        

FROM AMONG INDIVIDUALS NOMINATED BY LOCAL BUSINESS ORGANIZATIONS   7,356        

AND BUSINESS TRADE ASSOCIATIONS.  AMONG THESE MEMBERS, AT LEAST    7,357        

ONE SHALL REPRESENT SMALL BUSINESSES, AT LEAST ONE SHALL           7,358        

REPRESENT MEDIUM-SIZED BUSINESSES, AND AT LEAST ONE SHALL          7,359        

REPRESENT LARGE BUSINESSES.  WHEN DETERMINING WHAT CONSTITUTES     7,360        

                                                          160    


                                                                 
SMALL, MEDIUM-SIZED, AND LARGE BUSINESSES FOR PURPOSES OF THIS     7,361        

DIVISION, THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA SHALL                   

DEFINE THOSE SIZES AS THOSE SIZES ARE GENERALLY UNDERSTOOD WITHIN  7,362        

THE LABOR MARKET AREA THAT INCLUDES THAT LOCAL AREA.  A MAJORITY   7,363        

OF THE MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF PRIVATE    7,364        

SECTOR BUSINESSES.                                                 7,365        

      (b)  AT LEAST TWO MEMBERS OF THE BOARD SHALL REPRESENT       7,367        

ORGANIZED LABOR AND SHALL BE APPOINTED FROM NOMINATIONS SUBMITTED  7,368        

BY LOCAL FEDERATIONS OF LABOR REPRESENTING WORKERS EMPLOYED IN     7,370        

THE LOCAL AREA.                                                                 

      (c)  AT LEAST TWO MEMBERS OF THE BOARD SHALL BE              7,372        

REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES.  FOR PURPOSES OF    7,373        

THIS DIVISION, "LOCAL EDUCATIONAL ENTITIES" INCLUDES LOCAL         7,375        

EDUCATIONAL AGENCIES, SCHOOL DISTRICT BOARDS OF EDUCATION,                      

ENTITIES PROVIDING EDUCATIONAL AND LITERACY ACTIVITIES, AND        7,376        

POST-SECONDARY EDUCATIONAL INSTITUTIONS.                           7,377        

      (d)  AT LEAST ONE MEMBER OF THE BOARD SHALL BE A             7,381        

REPRESENTATIVE OF CONSUMERS OF WORKFORCE DEVELOPMENT ACTIVITIES.   7,382        

      (e)  ANY OTHER INDIVIDUALS THE CHIEF ELECTED OFFICIALS OF    7,385        

THE LOCAL AREA DETERMINE ARE NECESSARY.                            7,386        

      (B)  MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE       7,388        

CHIEF ELECTED OFFICIALS OF THE LOCAL AREA.  MEMBERS SHALL NOT BE   7,389        

COMPENSATED BUT MAY BE REIMBURSED FOR ACTUAL, REASONABLE, AND      7,391        

NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS               

BOARD MEMBERS.  THOSE EXPENSES SHALL BE PAID FROM FUNDS ALLOCATED  7,393        

PURSUANT TO SECTION 6301.03 OF THE REVISED CODE.                   7,394        

      THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY PROVIDE      7,396        

OFFICE SPACE, STAFF, OR OTHER ADMINISTRATIVE SUPPORT AS NEEDED TO  7,397        

THE BOARD.  FOR PURPOSES OF SECTION 102.02 OF THE REVISED CODE,    7,398        

MEMBERS OF THE BOARD ARE NOT PUBLIC OFFICIALS OR EMPLOYEES.        7,399        

      (C)  THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA OTHER THAN  7,401        

A LOCAL AREA AS DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF   7,402        

THE REVISED CODE, SHALL COORDINATE THE WORKFORCE DEVELOPMENT       7,403        

ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING COMMITTEES AND   7,404        

                                                          161    


                                                                 
THE WORKFORCE POLICY BOARDS IN THE LOCAL AREA IN ANY MANNER THAT   7,405        

IS EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF THE LOCAL AREA.    7,406        

THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA MAY, BUT ARE NOT     7,407        

REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES AS THEY         7,408        

DETERMINE APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES OF          7,409        

WORKFORCE DEVELOPMENT ACTIVITIES.  A MAJORITY OF THE MEMBERS OF    7,410        

THAT CONSOLIDATED BOARD SHALL REPRESENT PRIVATE SECTOR             7,411        

BUSINESSES.  THE MEMBERSHIP OF THAT CONSOLIDATED BOARD SHALL       7,412        

INCLUDE A REPRESENTATIVE FROM EACH GROUP GRANTED REPRESENTATION    7,413        

AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND ALSO A MEMBER     7,414        

WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A MEMBER WHO       7,415        

REPRESENTS THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES.  THE  7,416        

MEMBERSHIP OF THAT CONSOLIDATED BOARD MAY INCLUDE A                7,417        

REPRESENTATIVE OF ONE OR MORE GROUPS AND ENTITIES THAT MAY BE      7,418        

REPRESENTED ON A COUNTY FAMILY SERVICES PLANNING COMMITTEE, AS     7,419        

SPECIFIED IN SECTION 329.06 OF THE REVISED CODE.                   7,420        

      Sec. 6301.07.  (A)  EVERY WORKFORCE POLICY BOARD, WITH THE   7,422        

AGREEMENT OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, AND    7,423        

AFTER HOLDING PUBLIC HEARINGS THAT ALLOW PUBLIC COMMENT AND        7,424        

TESTIMONY, SHALL PREPARE A WORKFORCE DEVELOPMENT PLAN AND          7,426        

INCORPORATE THAT PLAN INTO AND ATTACH THAT PLAN TO THE                          

PARTNERSHIP AGREEMENT REQUIRED UNDER SECTION 6301.05 OF THE        7,428        

REVISED CODE.  THE PLAN SHALL ACCOMPLISH ALL OF THE FOLLOWING:     7,429        

      (1)  IDENTIFY THE WORKFORCE INVESTMENT NEEDS OF BUSINESSES   7,431        

IN THE LOCAL AREA, IDENTIFY PROJECTED EMPLOYMENT OPPORTUNITIES,    7,432        

AND IDENTIFY THE JOB SKILLS NECESSARY TO OBTAIN THOSE              7,433        

OPPORTUNITIES;                                                                  

      (2)  IDENTIFY THE LOCAL AREA'S WORKFORCE DEVELOPMENT NEEDS   7,435        

FOR YOUTH, DISLOCATED WORKERS, ADULTS, DISPLACED HOMEMAKERS,       7,436        

INCUMBENT WORKERS, AND ANY OTHER GROUP OF WORKERS IDENTIFIED BY    7,437        

THE WORKFORCE POLICY BOARD;                                        7,438        

      (3)  DETERMINE THE DISTRIBUTION OF WORKFORCE DEVELOPMENT     7,440        

RESOURCES AND FUNDING TO BE DISTRIBUTED FOR EACH WORKFORCE         7,441        

DEVELOPMENT ACTIVITY TO MEET THE IDENTIFIED NEEDS, UTILIZING THE   7,444        

                                                          162    


                                                                 
FUNDS ALLOCATED PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF       7,445        

1998," 112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED;                7,446        

      (4)  REVIEW THE MINIMUM CURRICULUM REQUIRED BY THE STATE     7,448        

WORKFORCE POLICY BOARD FOR CERTIFYING TRAINING PROVIDERS AND       7,449        

IDENTIFY ANY ADDITIONAL CURRICULUM REQUIREMENTS TO INCLUDE IN      7,450        

CONTRACTS BETWEEN THE TRAINING PROVIDERS AND THE CHIEF ELECTED     7,451        

OFFICIALS OF THE LOCAL AREA;                                                    

      (5)  ESTABLISH PERFORMANCE STANDARDS FOR SERVICE PROVIDERS   7,453        

THAT REFLECT LOCAL WORKFORCE DEVELOPMENT NEEDS;                    7,454        

      (6)  DESCRIBE ANY OTHER INFORMATION THE CHIEF ELECTED        7,456        

OFFICIALS OF THE LOCAL AREA REQUIRE.                               7,457        

      (B)  A WORKFORCE POLICY BOARD MAY PROVIDE POLICY GUIDANCE    7,459        

AND RECOMMENDATIONS TO THE CHIEF ELECTED OFFICIALS OF A LOCAL      7,460        

AREA FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES.                     7,461        

      (C)  NOTHING IN THIS SECTION PROHIBITS THE CHIEF ELECTED     7,463        

OFFICIALS OF A LOCAL AREA FROM ASSIGNING, THROUGH A PARTNERSHIP    7,464        

AGREEMENT, ANY DUTIES IN ADDITION TO THE DUTIES UNDER THIS         7,465        

SECTION TO A WORKFORCE POLICY BOARD, EXCEPT THAT A WORKFORCE       7,466        

POLICY BOARD CANNOT CONTRACT WITH ITSELF FOR THE DIRECT PROVISION  7,467        

OF SERVICES IN ITS LOCAL AREA.  A WORKFORCE POLICY BOARD MAY       7,468        

CONSULT WITH THE CHIEF ELECTED OFFICIALS OF ITS LOCAL AREA AND     7,469        

MAKE RECOMMENDATIONS REGARDING THE WORKFORCE DEVELOPMENT           7,470        

ACTIVITIES PROVIDED IN ITS LOCAL AREA AT ANY TIME.                 7,471        

      Sec. 6301.08.  EVERY LOCAL AREA SHALL PARTICIPATE IN A       7,473        

ONE-STOP SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES.  EACH BOARD  7,474        

OF COUNTY COMMISSIONERS AND THE CHIEF ELECTED OFFICIAL OF A        7,475        

MUNICIPAL CORPORATION SHALL ENSURE THAT AT LEAST ONE PHYSICAL      7,476        

LOCATION IS AVAILABLE IN THE LOCAL AREA FOR THE PROVISION OF       7,477        

WORKFORCE DEVELOPMENT ACTIVITIES.                                  7,478        

      A ONE-STOP SYSTEM MAY BE OPERATED BY A PRIVATE ENTITY OR A   7,480        

PUBLIC AGENCY, INCLUDING A WORKFORCE DEVELOPMENT AGENCY, ANY       7,481        

EXISTING FACILITY OR ORGANIZATION THAT IS ESTABLISHED TO           7,482        

ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA,     7,483        

AND A COUNTY FAMILY SERVICES AGENCY.                                            

                                                          163    


                                                                 
      A ONE-STOP SYSTEM SHALL INCLUDE REPRESENTATIVES OF ALL THE   7,485        

PARTNERS REQUIRED UNDER THE "WORKFORCE INVESTMENT ACT OF 1998,"    7,488        

112 STAT. 936, 29 U.S.C.A. 2801, AS AMENDED.  ADDITIONALLY, AT     7,490        

LEAST ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF JOB AND       7,491        

FAMILY SERVICES SHALL STAFF A ONE-STOP SYSTEM TO REPRESENT ALL OF  7,492        

THE COUNTY FAMILY SERVICES AGENCIES WITHIN THE LOCAL AREA.         7,493        

      Sec. 6301.09.  THE PROVISION UNDER DIVISION (g) OF SECTION   7,495        

111 OF THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29   7,500        

U.S.C.A. 2801, AS AMENDED, APPLIES TO THE STATE WORKFORCE POLICY   7,502        

BOARD CREATED UNDER SECTION 6301.04 OF THE REVISED CODE.  THE      7,503        

PROVISION UNDER DIVISION (e) OF SECTION 117 OF THE "WORKFORCE      7,505        

INVESTMENT ACT OF 1998" APPLIES TO THE WORKFORCE POLICY BOARDS     7,507        

ESTABLISHED PURSUANT TO SECTION 6301.04 OF THE REVISED CODE.       7,508        

      Sec. 6301.10.  BEGINNING JANUARY 1, 2001, AND EACH CALENDAR  7,510        

QUARTER THEREAFTER, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL  7,511        

PREPARE A REPORT CONCERNING THE STATE OF OHIO'S WORKFORCE.  THE    7,512        

DIRECTOR SHALL DISTRIBUTE THE REPORT TO THE PRESIDENT AND          7,513        

MINORITY LEADER OF THE SENATE, THE SPEAKER AND MINORITY LEADER OF  7,515        

THE HOUSE OF REPRESENTATIVES, THE STATE WORKFORCE POLICY BOARD,    7,517        

THE GOVERNOR'S OFFICE OF APPALACHIAN OHIO, AND THE COMMISSION ON   7,518        

AFRICAN-AMERICAN MALES.                                                         

      Section 2.  That existing sections 119.01, 119.03, 121.02,   7,520        

121.03, 121.32, 124.23, 124.30, 125.24, 126.30, 127.16, 149.01,    7,521        

153.06, 307.86, 307.981, 307.982, 307.983, 307.984, 307.985,       7,522        

307.986, 307.987, 329.011, 329.04, 329.05, 329.06, 2151.011,       7,523        

2301.357, 2705.02, 3313.64, 4112.12, 4141.04, 4141.042, 4141.046,  7,524        

4141.06, 4141.08, 4141.10, 4141.13, 4141.162, 4141.21, 4141.22,    7,525        

4141.28, 5101.01, 5101.02, 5101.05, 5101.06, 5101.08, 5101.10,     7,526        

5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 5101.35,    7,527        

5101.37, 5101.38, 5101.80, 5101.97, and 5103.02 and sections       7,528        

4141.02, 4141.03, 4141.05, 4141.057, 4141.12, 4141.15, 4141.16,    7,530        

4141.161, 4141.163, 4141.44, 5101.07, 5101.12, 5101.13, 5101.39,   7,531        

5101.40, 5101.41, 5101.56, 5103.01, 5103.05, 5103.06, 5103.09,     7,532        

5103.10, 5103.11, 5103.18, and 5103.19 of the Revised Code are     7,533        

                                                          164    


                                                                 
hereby repealed.                                                                

      Section 3.  That the version of section 119.03 of the        7,535        

Revised Code, as scheduled to take effect on April 1, 2001, be     7,536        

amended to read as follows:                                                     

      Sec. 119.03.  In the adoption, amendment, or rescission of   7,545        

any rule, an agency shall comply with the following procedure:     7,546        

      (A)  Reasonable public notice shall be given in the          7,548        

register of Ohio at least thirty days prior to the date set for a  7,550        

hearing, in the form the agency determines.  The agency shall      7,551        

file copies of the public notice under division (B) of this        7,552        

section.  (The agency gives public notice in the register of Ohio  7,553        

when the public notice is published in the register under that     7,554        

division.)                                                                      

      The public notice shall include:                             7,556        

      (1)  A statement of the agency's intention to consider       7,558        

adopting, amending, or rescinding a rule;                          7,559        

      (2)  A synopsis of the proposed rule, amendment, or rule to  7,561        

be rescinded or a general statement of the subject matter to       7,562        

which the proposed rule, amendment, or rescission relates;         7,563        

      (3)  A statement of the reason or purpose for adopting,      7,565        

amending, or rescinding the rule;                                  7,566        

      (4)  The date, time, and place of a hearing on the proposed  7,568        

action, which shall be not earlier than the thirty-first nor       7,570        

later than the fortieth day after the proposed rule, amendment,    7,572        

or rescission is filed under division (B) of this section.         7,573        

      In addition to public notice given in the register of Ohio,  7,576        

the agency may give whatever other notice it reasonably considers  7,578        

necessary to ensure notice constructively is given to all persons  7,579        

who are subject to or affected by the proposed rule, amendment,    7,580        

or rescission.                                                                  

      The agency shall provide a copy of the public notice         7,583        

required under division (A) of this section to any person who      7,584        

requests it and pays a reasonable fee, not to exceed the cost of   7,585        

copying and mailing.                                               7,586        

                                                          165    


                                                                 
      (B)  The full text of the proposed rule, amendment, or rule  7,589        

to be rescinded, accompanied by the public notice required under   7,590        

division (A) of this section, shall be filed in both print and     7,591        

electronic form with the secretary of state and with the director  7,593        

of the legislative service commission.  (If in compliance with     7,594        

this division an agency files more than one proposed rule,         7,595        

amendment, or rescission at the same time, and has prepared a      7,596        

public notice under division (A) of this section that applies to   7,597        

more than one of the proposed rules, amendments, or rescissions,   7,598        

the agency shall file only one notice with the secretary of state  7,599        

and with the director for all of the proposed rules, amendments,   7,600        

or rescissions to which the notice applies.)  The proposed rule,   7,601        

amendment, or rescission and public notice shall be filed as       7,602        

required by this division at least sixty-five days prior to the    7,603        

date on which the agency, in accordance with division (D) of this  7,604        

section, issues an order adopting the proposed rule, amendment,    7,605        

or rescission.                                                     7,606        

      The proposed rule, amendment, or rescission shall be         7,609        

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

hearing at the office of the agency in printed or other legible    7,610        

form without charge to any person affected by the proposal.        7,611        

Failure to furnish such text to any person requesting it shall     7,612        

not invalidate any action of the agency in connection therewith.   7,613        

      If the agency files a substantive revision in the text of    7,615        

the proposed rule, amendment, or rescission under division (H) of  7,616        

this section, it shall also promptly file the full text of the     7,618        

proposed rule, amendment, or rescission in its revised form in     7,619        

both print and electronic form with the secretary of state and     7,620        

with the director of the legislative service commission.           7,621        

      The agency shall file the rule summary and fiscal analysis   7,625        

prepared under section 121.24 or 127.18 of the Revised Code, or    7,626        

both, in both print and electronic form along with a proposed      7,627        

rule, amendment, or rescission or proposed rule, amendment, or     7,628        

rescission in revised form that is filed with the secretary of     7,629        

                                                          166    


                                                                 
state or the director of the legislative service commission.       7,630        

      The director of the legislative service commission shall     7,632        

publish in the register of Ohio the full text of the original and  7,634        

each revised version of a proposed rule, amendment, or             7,635        

rescission; the full text of a public notice; and the full text    7,637        

of a rule summary and fiscal analysis that is filed with the       7,638        

director under this division.                                                   

      (C)  On the date and at the time and place designated in     7,640        

the notice, the agency shall conduct a public hearing at which     7,641        

any person affected by the proposed action of the agency may       7,642        

appear and be heard in person, by the person's attorney, or both,  7,644        

may present the person's position, arguments, or contentions,      7,645        

orally or in writing, offer and examine witnesses, and present     7,647        

evidence tending to show that the proposed rule, amendment, or     7,648        

rescission, if adopted or effectuated, will be unreasonable or     7,649        

unlawful.  An agency may permit persons affected by the proposed   7,650        

rule, amendment, or rescission to present their positions,         7,651        

arguments, or contentions in writing, not only at the hearing,     7,652        

but also for a reasonable period before, after, or both before     7,653        

and after the hearing.  A person who presents a position or        7,654        

arguments or contentions in writing before or after the hearing    7,655        

is not required to appear at the hearing.                          7,656        

      At the hearing, the testimony shall be recorded.  Such       7,658        

record shall be made at the expense of the agency.  The agency is  7,661        

required to transcribe a record that is not sight readable only    7,662        

if a person requests transcription of all or part of the record    7,663        

and agrees to reimburse the agency for the costs of the            7,664        

transcription.  An agency may require the person to pay in         7,665        

advance all or part of the cost of the transcription.              7,666        

      In any hearing under this section the agency may administer  7,668        

oaths or affirmations.                                             7,669        

      (D)  After complying with divisions (A), (B), (C), and (H)   7,671        

of this section, and when the time for legislative review and      7,672        

invalidation under division (I) of this section has expired, the   7,673        

                                                          167    


                                                                 
agency may issue an order adopting the proposed rule or the        7,674        

proposed amendment or rescission of the rule, consistent with the  7,675        

synopsis or general statement included in the public notice.  At   7,676        

that time the agency shall designate the effective date of the     7,677        

rule, amendment, or rescission, which shall not be earlier than    7,678        

the tenth day after the rule, amendment, or rescission has been    7,679        

filed in its final form as provided in section 119.04 of the       7,680        

Revised Code.                                                      7,681        

      (E)  Prior to the effective date of a rule, amendment, or    7,683        

rescission, the agency shall make a reasonable effort to inform    7,684        

those affected by the rule, amendment, or rescission and to have   7,685        

available for distribution to those requesting it the full text    7,686        

of the rule as adopted or as amended.                              7,687        

      (F)  If the governor, upon the request of an agency,         7,689        

determines that an emergency requires the immediate adoption,      7,690        

amendment, or rescission of a rule, the governor shall issue an    7,692        

order, the text of which shall be filed in both print and          7,693        

electronic form with the agency, the secretary of state, the       7,695        

director of the legislative service commission, and the joint      7,696        

committee on agency rule review, that the procedure prescribed by  7,697        

this section with respect to the adoption, amendment, or           7,698        

rescission of a specified rule is suspended.  The agency may then  7,699        

adopt immediately the emergency rule, amendment, or rescission     7,700        

and it becomes effective on the date the rule, amendment, or       7,701        

rescission, in final form and in compliance with division (A)(2)   7,702        

of section 119.04 of the Revised Code, are filed in both print     7,703        

and electronic form with the secretary of state, the director of   7,705        

the legislative service commission, and the joint committee on     7,707        

agency rule review.  If all filings are not completed on the same  7,709        

day, the emergency rule, amendment, or rescission shall be         7,710        

effective on the day on which the latest filing is completed.      7,711        

The director shall publish the full text of the emergency rule,    7,713        

amendment, or rescission in the register of Ohio.                  7,714        

      The emergency rule, amendment, or rescission shall become    7,717        

                                                          168    


                                                                 
invalid at the end of the ninetieth day it is in effect.  Prior    7,718        

to that date the agency may adopt the emergency rule, amendment,   7,719        

or rescission as a nonemergency rule, amendment, or rescission by  7,720        

complying with the procedure prescribed by this section for the    7,721        

adoption, amendment, and rescission of nonemergency rules.  The    7,722        

agency shall not use the procedure of this division to readopt     7,723        

the emergency rule, amendment, or rescission so that, upon the     7,724        

emergency rule, amendment, or rescission becoming invalid under    7,725        

this division, the emergency rule, amendment, or rescission will   7,726        

continue in effect without interruption for another ninety-day     7,727        

period.                                                                         

      This division does not apply to the adoption of any          7,729        

emergency rule, amendment, or rescission by the tax commissioner   7,730        

under division (C)(2) of section 5117.02 of the Revised Code.      7,731        

      (G)  Rules adopted by an authority within the department of  7,733        

taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR         7,734        

ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau  7,735        

DEPARTMENT of employment services TAXATION shall be effective      7,737        

without a hearing as provided by this section if the statutes      7,738        

pertaining to such agency specifically give a right of appeal to   7,739        

the board of tax appeals or to a higher authority within the       7,740        

agency or to a court, and also give the appellant a right to a     7,741        

hearing on such appeal.  This division does not apply to the       7,742        

adoption of any rule, amendment, or rescission by the tax          7,743        

commissioner under division (C)(1) or (2) of section 5117.02 of    7,744        

the Revised Code, or deny the right to file an action for          7,745        

declaratory judgment as provided in Chapter 2721. of the Revised   7,746        

Code from the decision of the board of tax appeals or of the       7,747        

higher authority within such agency.                               7,748        

      (H)  When any agency files a proposed rule, amendment, or    7,750        

rescission under division (B) of this section, it shall also file  7,751        

in both print and electronic form with the joint committee on      7,752        

agency rule review the full text of the proposed rule, amendment,  7,754        

or rule to be rescinded in the same form and the public notice     7,755        

                                                          169    


                                                                 
required under division (A) of this section.  (If in compliance    7,756        

with this division an agency files more than one proposed rule,    7,757        

amendment, or rescission at the same time, and has given a public  7,758        

notice under division (A) of this section that applies to more     7,759        

than one of the proposed rules, amendments, or rescissions, the    7,760        

agency shall file only one notice with the joint committee for     7,763        

all of the proposed rules, amendments, or rescissions to which     7,764        

the notice applies.)  If the agency makes a substantive revision   7,765        

in a proposed rule, amendment, or rescission after it is filed     7,766        

with the joint committee, the agency shall promptly file the full  7,767        

text of the proposed rule, amendment, or rescission in its         7,768        

revised form in both print and electronic form with the joint      7,769        

committee.  The latest version of a proposed rule, amendment, or   7,770        

rescission as filed with the joint committee supersedes each       7,771        

earlier version of the text of the same proposed rule, amendment,  7,772        

or rescission.  An agency shall file the rule summary and fiscal   7,774        

analysis prepared under section 121.24 or 127.18 of the Revised    7,775        

Code, or both, in both print and electronic form along with a      7,776        

proposed rule, amendment, or rescission, and along with a          7,777        

proposed rule, amendment, or rescission in revised form, that is   7,778        

filed under this division.                                         7,779        

      This division does not apply to:                             7,781        

      (1)  An emergency rule, amendment, or rescission;            7,783        

      (2)  Any proposed rule, amendment, or rescission that must   7,785        

be adopted verbatim by an agency pursuant to federal law or rule,  7,786        

to become effective within sixty days of adoption, in order to     7,787        

continue the operation of a federally reimbursed program in this   7,788        

state, so long as the proposed rule contains both of the           7,789        

following:                                                         7,790        

      (a)  A statement that it is proposed for the purpose of      7,792        

complying with a federal law or rule;                              7,793        

      (b)  A citation to the federal law or rule that requires     7,795        

verbatim compliance.                                               7,796        

      If a rule or amendment is exempt from legislative review     7,798        

                                                          170    


                                                                 
under division (H)(2) of this section, and if the federal law or   7,799        

rule pursuant to which the rule or amendment was adopted expires,  7,800        

is repealed or rescinded, or otherwise terminates, the rule or     7,801        

amendment, or its rescission, is thereafter subject to             7,802        

legislative review under division (H) of this section.             7,803        

      (I)(1)  The joint committee on agency rule review may        7,805        

recommend the adoption of a concurrent resolution invalidating a   7,806        

proposed rule, amendment, rescission, or part thereof if it finds  7,807        

any of the following:                                              7,808        

      (a)  That the rule-making agency has exceeded the scope of   7,810        

its statutory authority in proposing the rule, amendment, or       7,811        

rescission;                                                        7,812        

      (b)  That the proposed rule, amendment, or rescission        7,814        

conflicts with another rule, amendment, or rescission adopted by   7,815        

the same or a different rule-making agency;                        7,816        

      (c)  That the proposed rule, amendment, or rescission        7,818        

conflicts with the legislative intent in enacting the statute      7,819        

under which the rule-making agency proposed the rule, amendment,   7,820        

or rescission;                                                     7,821        

      (d)  That the rule-making agency has failed to prepare a     7,823        

complete and accurate rule summary and fiscal analysis of the      7,824        

proposed rule, amendment, or rescission as required by section     7,825        

121.24 or 127.18 of the Revised Code, or both.                     7,826        

      The joint committee shall not hold its public hearing on a   7,828        

proposed rule, amendment, or rescission earlier than the           7,829        

forty-first day after the original version of the proposed rule,   7,830        

amendment, or rescission was filed with the joint committee.       7,831        

      The house of representatives and senate may adopt a          7,833        

concurrent resolution invalidating a proposed rule, amendment,     7,834        

rescission, or part thereof.  The concurrent resolution shall      7,835        

state which of the specific rules, amendments, rescissions, or     7,836        

parts thereof are invalidated.  A concurrent resolution            7,837        

invalidating a proposed rule, amendment, or rescission shall be    7,838        

adopted not later than the sixty-fifth day after the original      7,840        

                                                          171    


                                                                 
version of the text of the proposed rule, amendment, or            7,841        

rescission is filed with the joint committee, except that if more  7,842        

than thirty-five days after the original version is filed the      7,843        

rule-making agency either files a revised version of the text of   7,844        

the proposed rule, amendment, or rescission, or revises the rule   7,845        

summary and fiscal analysis in accordance with division (I)(4) of  7,846        

this section, a concurrent resolution invalidating the proposed    7,847        

rule, amendment, or rescission shall be adopted not later than     7,848        

the thirtieth day after the revised version of the proposed rule   7,850        

or rule summary and fiscal analysis is filed.  If, after the       7,851        

joint committee on agency rule review recommends the adoption of   7,852        

a concurrent resolution invalidating a proposed rule, amendment,   7,853        

rescission, or part thereof, the house of representatives or       7,854        

senate does not, within the time remaining for adoption of the     7,855        

concurrent resolution, hold five floor sessions at which its       7,856        

journal records a roll call vote disclosing a sufficient number    7,857        

of members in attendance to pass a bill, the time within which     7,858        

that house may adopt the concurrent resolution is extended until   7,859        

it has held five such floor sessions.                              7,860        

      Within five days after the adoption of a concurrent          7,862        

resolution invalidating a proposed rule, amendment, rescission,    7,863        

or part thereof, the clerk of the senate shall send the            7,864        

rule-making agency, the secretary of state, and the director of    7,865        

the legislative service commission in both print and electronic    7,866        

form a certified text of the resolution together with a            7,868        

certification stating the date on which the resolution takes       7,869        

effect.  The secretary of state and the director of the            7,870        

legislative service commission shall each note the invalidity of   7,871        

the proposed rule, amendment, rescission, or part thereof, and     7,872        

shall each remove the invalid proposed rule, amendment,            7,874        

rescission, or part thereof from the file of proposed rules.  The  7,875        

rule-making agency shall not proceed to adopt in accordance with   7,876        

division (D) of this section, or to file in accordance with        7,877        

division (B)(1) of section 111.15 of the Revised Code, any         7,878        

                                                          172    


                                                                 
version of a proposed rule, amendment, rescission, or part         7,879        

thereof that has been invalidated by concurrent resolution.        7,880        

      Unless the house of representatives and senate adopt a       7,882        

concurrent resolution invalidating a proposed rule, amendment,     7,883        

rescission, or part thereof within the time specified by this      7,884        

division, the rule-making agency may proceed to adopt in           7,885        

accordance with division (D) of this section, or to file in        7,886        

accordance with division (B)(1) of section 111.15 of the Revised   7,887        

Code, the latest version of the proposed rule, amendment, or       7,888        

rescission as filed with the joint committee.  If by concurrent    7,889        

resolution certain of the rules, amendments, rescissions, or       7,890        

parts thereof are specifically invalidated, the rule-making        7,891        

agency may proceed to adopt, in accordance with division (D) of    7,892        

this section, or to file in accordance with division (B)(1) of     7,893        

section 111.15 of the Revised Code, the latest version of the      7,894        

proposed rules, amendments, rescissions, or parts thereof as       7,895        

filed with the joint committee that are not specifically           7,896        

invalidated.  The rule-making agency may not revise or amend any   7,897        

proposed rule, amendment, rescission, or part thereof that has     7,898        

not been invalidated except as provided in this chapter or in      7,899        

section 111.15 of the Revised Code.                                7,900        

      (2)(a)  A proposed rule, amendment, or rescission that is    7,902        

filed with the joint committee under division (H) of this section  7,903        

or division (D) of section 111.15 of the Revised Code shall be     7,904        

carried over for legislative review to the next succeeding         7,905        

regular session of the general assembly if the original or any     7,906        

revised version of the proposed rule, amendment, or rescission is  7,907        

filed with the joint committee on or after the first day of        7,908        

December of any year.                                              7,909        

      (b)  The latest version of any proposed rule, amendment, or  7,911        

rescission that is subject to division (I)(2)(a) of this section,  7,912        

as filed with the joint committee, is subject to legislative       7,913        

review and invalidation in the next succeeding regular session of  7,914        

the general assembly in the same manner as if it were the          7,915        

                                                          173    


                                                                 
original version of a proposed rule, amendment, or rescission      7,916        

that had been filed with the joint committee for the first time    7,917        

on the first day of the session.  A rule-making agency shall not   7,918        

adopt in accordance with division (D) of this section, or file in  7,919        

accordance with division (B)(1) of section 111.15 of the Revised   7,920        

Code, any version of a proposed rule, amendment, or rescission     7,921        

that is subject to division (I)(2)(a) of this section until the    7,922        

time for legislative review and invalidation, as contemplated by   7,923        

division (I)(2)(b) of this section, has expired.                   7,924        

      (3)  Invalidation of any version of a proposed rule,         7,926        

amendment, rescission, or part thereof by concurrent resolution    7,927        

shall prevent the rule-making agency from instituting or           7,928        

continuing proceedings to adopt any version of the same proposed   7,929        

rule, amendment, rescission, or part thereof for the duration of   7,930        

the general assembly that invalidated the proposed rule,           7,931        

amendment, rescission, or part thereof unless the same general     7,932        

assembly adopts a concurrent resolution permitting the             7,933        

rule-making agency to institute or continue such proceedings.      7,934        

      The failure of the general assembly to invalidate a          7,936        

proposed rule, amendment, rescission, or part thereof under this   7,937        

section shall not be construed as a ratification of the            7,938        

lawfulness or reasonableness of the proposed rule, amendment,      7,939        

rescission, or any part thereof or of the validity of the          7,940        

procedure by which the proposed rule, amendment, rescission, or    7,941        

any part thereof was proposed or adopted.                          7,942        

      (4)  In lieu of recommending a concurrent resolution to      7,944        

invalidate a proposed rule, amendment, rescission, or part         7,945        

thereof because the rule-making agency has failed to prepare a     7,946        

complete and accurate fiscal analysis, the joint committee on      7,947        

agency rule review may issue, on a one-time basis, for rules,      7,948        

amendments, rescissions, or parts thereof that have a fiscal       7,949        

effect on school districts, counties, townships, or municipal      7,950        

corporations, a finding that the rule summary and fiscal analysis  7,952        

is incomplete or inaccurate and order the rule-making agency to    7,953        

                                                          174    


                                                                 
revise the rule summary and fiscal analysis and refile it with     7,954        

the proposed rule, amendment, rescission, or part thereof.  If an  7,955        

emergency rule is filed as a nonemergency rule before the end of   7,956        

the ninetieth day of the emergency rule's effectiveness, and the   7,957        

joint committee issues a finding and orders the rule-making        7,958        

agency to refile under division (I)(4) of this section, the        7,959        

governor may also issue an order stating that the emergency rule   7,961        

shall remain in effect for an additional sixty days after the      7,962        

ninetieth day of the emergency rule's effectiveness.  The          7,963        

governor's orders shall be filed in accordance with division (F)   7,965        

of this section.  The joint committee shall send in both print     7,966        

and electronic form to the rule-making agency, the secretary of    7,967        

state, and the director of the legislative service commission a    7,968        

certified text of the finding and order to revise the rule         7,970        

summary and fiscal analysis, which shall take immediate effect.    7,971        

      An order issued under division (I)(4) of this section shall  7,974        

prevent the rule-making agency from instituting or continuing      7,975        

proceedings to adopt any version of the proposed rule, amendment,  7,976        

rescission, or part thereof until the rule-making agency revises   7,977        

the rule summary and fiscal analysis and refiles it in both print  7,978        

and electronic form with the joint committee along with the        7,979        

proposed rule, amendment, rescission, or part thereof.  If the     7,980        

joint committee finds the rule summary and fiscal analysis to be   7,981        

complete and accurate, the joint committee shall issue a new       7,982        

order noting that the rule-making agency has revised and refiled   7,983        

a complete and accurate rule summary and fiscal analysis.  The     7,984        

joint committee shall send in both print and electronic form to    7,985        

the rule-making agency, the secretary of state, and the director   7,987        

of the legislative service commission a certified text of this     7,988        

new order.  The secretary of state and the director of the         7,990        

legislative service commission shall each attach and link this     7,991        

order to the proposed rule, amendment, rescission, or part         7,992        

thereof.  The rule-making agency may then proceed to adopt in      7,993        

accordance with division (D) of this section, or to file in        7,994        

                                                          175    


                                                                 
accordance with division (B)(1) of section 111.15 of the Revised   7,995        

Code, the proposed rule, amendment, rescission, or part thereof    7,996        

that was subject to the finding and order under division (I)(4)    7,997        

of this section.  If the joint committee determines that the       7,998        

revised rule summary and fiscal analysis is still inaccurate or    7,999        

incomplete, the joint committee shall recommend the adoption of a  8,000        

concurrent resolution in accordance with division (I)(1) of this   8,001        

section.                                                                        

      THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL    8,004        

APRIL 1, 2002.                                                                  

      Section 4.  That all existing versions of section 119.03 of  8,006        

the Revised Code are hereby repealed.                              8,007        

      Section 5.  Sections 3 and 4 of this act take effect April   8,009        

1, 2001.                                                                        

      Section 6.  That the version of section 119.03 of the        8,011        

Revised Code, as scheduled to take effect on April 1, 2002, be     8,012        

amended to read as follows:                                                     

      Sec. 119.03.  In the adoption, amendment, or rescission of   8,021        

any rule, an agency shall comply with the following procedure:     8,022        

      (A)  Reasonable public notice shall be given in the          8,024        

register of Ohio at least thirty days prior to the date set for a  8,026        

hearing, in the form the agency determines.  The agency shall      8,027        

file copies of the public notice under division (B) of this        8,028        

section.  (The agency gives public notice in the register of Ohio  8,029        

when the public notice is published in the register under that     8,030        

division.)                                                                      

      The public notice shall include:                             8,033        

      (1)  A statement of the agency's intention to consider       8,035        

adopting, amending, or rescinding a rule;                          8,036        

      (2)  A synopsis of the proposed rule, amendment, or rule to  8,038        

be rescinded or a general statement of the subject matter to       8,039        

which the proposed rule, amendment, or rescission relates;         8,040        

      (3)  A statement of the reason or purpose for adopting,      8,042        

amending, or rescinding the rule;                                  8,043        

                                                          176    


                                                                 
      (4)  The date, time, and place of a hearing on the proposed  8,045        

action, which shall be not earlier than the thirty-first nor       8,047        

later than the fortieth day after the proposed rule, amendment,    8,049        

or rescission is filed under division (B) of this section.         8,050        

      In addition to public notice given in the register of Ohio,  8,053        

the agency may give whatever other notice it reasonably considers  8,055        

necessary to ensure notice constructively is given to all persons  8,056        

who are subject to or affected by the proposed rule, amendment,    8,057        

or rescission.                                                                  

      The agency shall provide a copy of the public notice         8,060        

required under division (A) of this section to any person who      8,061        

requests it and pays a reasonable fee, not to exceed the cost of   8,062        

copying and mailing.                                               8,063        

      (B)  The full text of the proposed rule, amendment, or rule  8,066        

to be rescinded, accompanied by the public notice required under   8,067        

division (A) of this section, shall be filed in electronic form    8,068        

with the secretary of state and with the director of the           8,071        

legislative service commission.  (If in compliance with this       8,072        

division an agency files more than one proposed rule, amendment,   8,073        

or rescission at the same time, and has prepared a public notice   8,074        

under division (A) of this section that applies to more than one   8,077        

of the proposed rules, amendments, or rescissions, the agency      8,078        

shall file only one notice with the secretary of state and with    8,080        

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

rescissions to which the notice applies.)  The proposed rule,      8,081        

amendment, or rescission and public notice shall be filed as       8,082        

required by this division at least sixty-five days prior to the    8,083        

date on which the agency, in accordance with division (D) of this  8,084        

section, issues an order adopting the proposed rule, amendment,    8,085        

or rescission.                                                     8,086        

      The proposed rule, amendment, or rescission shall be         8,089        

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

hearing at the office of the agency in printed or other legible    8,090        

form without charge to any person affected by the proposal.        8,091        

                                                          177    


                                                                 
Failure to furnish such text to any person requesting it shall     8,092        

not invalidate any action of the agency in connection therewith.   8,093        

      If the agency files a substantive revision in the text of    8,095        

the proposed rule, amendment, or rescission under division (H) of  8,096        

this section, it shall also promptly file the full text of the     8,098        

proposed rule, amendment, or rescission in its revised form in     8,099        

electronic form with the secretary of state and with the director  8,101        

of the legislative service commission.                                          

      The agency shall file the rule summary and fiscal analysis   8,105        

prepared under section 121.24 or 127.18 of the Revised Code, or    8,106        

both, in electronic form along with a proposed rule, amendment,    8,108        

or rescission or proposed rule, amendment, or rescission in        8,111        

revised form that is filed with the secretary of state or the                   

director of the legislative service commission.                    8,112        

      The director of the legislative service commission shall     8,114        

publish in the register of Ohio the full text of the original and  8,116        

each revised version of a proposed rule, amendment, or             8,117        

rescission; the full text of a public notice; and the full text    8,119        

of a rule summary and fiscal analysis that is filed with the       8,120        

director under this division.                                                   

      (C)  On the date and at the time and place designated in     8,122        

the notice, the agency shall conduct a public hearing at which     8,123        

any person affected by the proposed action of the agency may       8,124        

appear and be heard in person, by the person's attorney, or both,  8,126        

may present the person's position, arguments, or contentions,      8,127        

orally or in writing, offer and examine witnesses, and present     8,129        

evidence tending to show that the proposed rule, amendment, or     8,130        

rescission, if adopted or effectuated, will be unreasonable or     8,131        

unlawful.  An agency may permit persons affected by the proposed   8,132        

rule, amendment, or rescission to present their positions,         8,133        

arguments, or contentions in writing, not only at the hearing,     8,134        

but also for a reasonable period before, after, or both before     8,135        

and after the hearing.  A person who presents a position or        8,136        

arguments or contentions in writing before or after the hearing    8,137        

                                                          178    


                                                                 
is not required to appear at the hearing.                          8,138        

      At the hearing, the testimony shall be recorded.  Such       8,140        

record shall be made at the expense of the agency.  The agency is  8,143        

required to transcribe a record that is not sight readable only    8,144        

if a person requests transcription of all or part of the record    8,145        

and agrees to reimburse the agency for the costs of the            8,146        

transcription.  An agency may require the person to pay in         8,147        

advance all or part of the cost of the transcription.              8,148        

      In any hearing under this section the agency may administer  8,150        

oaths or affirmations.                                             8,151        

      (D)  After complying with divisions (A), (B), (C), and (H)   8,154        

of this section, and when the time for legislative review and      8,155        

invalidation under division (I) of this section has expired, the   8,156        

agency may issue an order adopting the proposed rule or the        8,157        

proposed amendment or rescission of the rule, consistent with the  8,158        

synopsis or general statement included in the public notice.  At   8,159        

that time the agency shall designate the effective date of the     8,160        

rule, amendment, or rescission, which shall not be earlier than    8,161        

the tenth day after the rule, amendment, or rescission has been    8,162        

filed in its final form as provided in section 119.04 of the       8,163        

Revised Code.                                                      8,164        

      (E)  Prior to the effective date of a rule, amendment, or    8,166        

rescission, the agency shall make a reasonable effort to inform    8,167        

those affected by the rule, amendment, or rescission and to have   8,168        

available for distribution to those requesting it the full text    8,169        

of the rule as adopted or as amended.                              8,170        

      (F)  If the governor, upon the request of an agency,         8,172        

determines that an emergency requires the immediate adoption,      8,173        

amendment, or rescission of a rule, the governor shall issue an    8,175        

order, the text of which shall be filed in electronic form with    8,176        

the agency, the secretary of state, the director of the            8,177        

legislative service commission, and the joint committee on agency  8,178        

rule review, that the procedure prescribed by this section with    8,179        

respect to the adoption, amendment, or rescission of a specified   8,180        

                                                          179    


                                                                 
rule is suspended.  The agency may then adopt immediately the      8,181        

emergency rule, amendment, or rescission and it becomes effective  8,182        

on the date the rule, amendment, or rescission, in final form and  8,183        

in compliance with division (A)(2) of section 119.04 of the        8,184        

Revised Code, are filed in electronic form with the secretary of   8,187        

state, the director of the legislative service commission, and     8,188        

the joint committee on agency rule review.  If all filings are     8,189        

not completed on the same day, the emergency rule, amendment, or   8,190        

rescission shall be effective on the day on which the latest       8,191        

filing is completed.   The director shall publish the full text    8,192        

of the emergency rule, amendment, or rescission in the register    8,193        

of Ohio.                                                                        

      The emergency rule, amendment, or rescission shall become    8,196        

invalid at the end of the ninetieth day it is in effect.  Prior    8,197        

to that date the agency may adopt the emergency rule, amendment,   8,198        

or rescission as a nonemergency rule, amendment, or rescission by  8,199        

complying with the procedure prescribed by this section for the    8,200        

adoption, amendment, and rescission of nonemergency rules.  The    8,201        

agency shall not use the procedure of this division to readopt     8,202        

the emergency rule, amendment, or rescission so that, upon the     8,203        

emergency rule, amendment, or rescission becoming invalid under    8,204        

this division, the emergency rule, amendment, or rescission will   8,205        

continue in effect without interruption for another ninety-day     8,206        

period.                                                                         

      This division does not apply to the adoption of any          8,208        

emergency rule, amendment, or rescission by the tax commissioner   8,209        

under division (C)(2) of section 5117.02 of the Revised Code.      8,210        

      (G)  Rules adopted by an authority within the department of  8,212        

taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR         8,213        

ENFORCEMENT OF CHAPTER 4141. OF THE REVISED CODE or OF the bureau  8,214        

DEPARTMENT of employment services TAXATION shall be effective      8,216        

without a hearing as provided by this section if the statutes      8,217        

pertaining to such agency specifically give a right of appeal to   8,218        

the board of tax appeals or to a higher authority within the       8,219        

                                                          180    


                                                                 
agency or to a court, and also give the appellant a right to a     8,220        

hearing on such appeal.  This division does not apply to the       8,221        

adoption of any rule, amendment, or rescission by the tax          8,222        

commissioner under division (C)(1) or (2) of section 5117.02 of    8,223        

the Revised Code, or deny the right to file an action for          8,224        

declaratory judgment as provided in Chapter 2721. of the Revised   8,225        

Code from the decision of the board of tax appeals or of the       8,226        

higher authority within such agency.                               8,227        

      (H)  When any agency files a proposed rule, amendment, or    8,229        

rescission under division (B) of this section, it shall also file  8,230        

in electronic form with the joint committee on agency rule review  8,232        

the full text of the proposed rule, amendment, or rule to be       8,233        

rescinded in the same form and the public notice required under    8,235        

division (A) of this section.  (If in compliance with this         8,236        

division an agency files more than one proposed rule, amendment,   8,237        

or rescission at the same time, and has given a public notice      8,238        

under division (A) of this section that applies to more than one   8,239        

of the proposed rules, amendments, or rescissions, the agency      8,240        

shall file only one notice with the joint committee for all of     8,241        

the proposed rules, amendments, or rescissions to which the        8,242        

notice applies.)  If the agency makes a substantive revision in a  8,243        

proposed rule, amendment, or rescission after it is filed with     8,244        

the joint committee, the agency shall promptly file the full text  8,245        

of the proposed rule, amendment, or rescission in its revised      8,246        

form in electronic form with the joint committee.  The latest      8,249        

version of a proposed rule, amendment, or rescission as filed      8,250        

with the joint committee supersedes each earlier version of the    8,251        

text of the same proposed rule, amendment, or rescission.  An      8,252        

agency shall file the rule summary and fiscal analysis prepared    8,253        

under section 121.24 or 127.18 of the Revised Code, or both, in    8,255        

electronic form along with a proposed rule, amendment, or          8,257        

rescission, and along with a proposed rule, amendment, or          8,258        

rescission in revised form, that is filed under this division.     8,259        

      This division does not apply to:                             8,261        

                                                          181    


                                                                 
      (1)  An emergency rule, amendment, or rescission;            8,263        

      (2)  Any proposed rule, amendment, or rescission that must   8,265        

be adopted verbatim by an agency pursuant to federal law or rule,  8,266        

to become effective within sixty days of adoption, in order to     8,267        

continue the operation of a federally reimbursed program in this   8,268        

state, so long as the proposed rule contains both of the           8,269        

following:                                                         8,270        

      (a)  A statement that it is proposed for the purpose of      8,272        

complying with a federal law or rule;                              8,273        

      (b)  A citation to the federal law or rule that requires     8,275        

verbatim compliance.                                               8,276        

      If a rule or amendment is exempt from legislative review     8,278        

under division (H)(2) of this section, and if the federal law or   8,279        

rule pursuant to which the rule or amendment was adopted expires,  8,280        

is repealed or rescinded, or otherwise terminates, the rule or     8,281        

amendment, or its rescission, is thereafter subject to             8,282        

legislative review under division (H) of this section.             8,283        

      (I)(1)  The joint committee on agency rule review may        8,285        

recommend the adoption of a concurrent resolution invalidating a   8,286        

proposed rule, amendment, rescission, or part thereof if it finds  8,287        

any of the following:                                              8,288        

      (a)  That the rule-making agency has exceeded the scope of   8,290        

its statutory authority in proposing the rule, amendment, or       8,291        

rescission;                                                        8,292        

      (b)  That the proposed rule, amendment, or rescission        8,294        

conflicts with another rule, amendment, or rescission adopted by   8,295        

the same or a different rule-making agency;                        8,296        

      (c)  That the proposed rule, amendment, or rescission        8,298        

conflicts with the legislative intent in enacting the statute      8,299        

under which the rule-making agency proposed the rule, amendment,   8,300        

or rescission;                                                     8,301        

      (d)  That the rule-making agency has failed to prepare a     8,303        

complete and accurate rule summary and fiscal analysis of the      8,304        

proposed rule, amendment, or rescission as required by section     8,305        

                                                          182    


                                                                 
121.24 or 127.18 of the Revised Code, or both.                     8,306        

      The joint committee shall not hold its public hearing on a   8,308        

proposed rule, amendment, or rescission earlier than the           8,309        

forty-first day after the original version of the proposed rule,   8,310        

amendment, or rescission was filed with the joint committee.       8,311        

      The house of representatives and senate may adopt a          8,313        

concurrent resolution invalidating a proposed rule, amendment,     8,314        

rescission, or part thereof.  The concurrent resolution shall      8,315        

state which of the specific rules, amendments, rescissions, or     8,316        

parts thereof are invalidated.  A concurrent resolution            8,317        

invalidating a proposed rule, amendment, or rescission shall be    8,318        

adopted not later than the sixty-fifth day after the original      8,320        

version of the text of the proposed rule, amendment, or            8,321        

rescission is filed with the joint committee, except that if more  8,322        

than thirty-five days after the original version is filed the      8,323        

rule-making agency either files a revised version of the text of   8,324        

the proposed rule, amendment, or rescission, or revises the rule   8,325        

summary and fiscal analysis in accordance with division (I)(4) of  8,326        

this section, a concurrent resolution invalidating the proposed    8,327        

rule, amendment, or rescission shall be adopted not later than     8,328        

the thirtieth day after the revised version of the proposed rule   8,330        

or rule summary and fiscal analysis is filed.  If, after the       8,331        

joint committee on agency rule review recommends the adoption of   8,332        

a concurrent resolution invalidating a proposed rule, amendment,   8,333        

rescission, or part thereof, the house of representatives or       8,334        

senate does not, within the time remaining for adoption of the     8,335        

concurrent resolution, hold five floor sessions at which its       8,336        

journal records a roll call vote disclosing a sufficient number    8,337        

of members in attendance to pass a bill, the time within which     8,338        

that house may adopt the concurrent resolution is extended until   8,339        

it has held five such floor sessions.                              8,340        

      Within five days after the adoption of a concurrent          8,342        

resolution invalidating a proposed rule, amendment, rescission,    8,343        

or part thereof, the clerk of the senate shall send the            8,344        

                                                          183    


                                                                 
rule-making agency, the secretary of state, and the director of    8,345        

the legislative service commission in electronic form a certified  8,347        

text of the resolution together with a certification stating the   8,348        

date on which the resolution takes effect.  The secretary of       8,349        

state and the director of the legislative service commission       8,350        

shall each note the invalidity of the proposed rule, amendment,    8,351        

rescission, or part thereof, and shall each remove the invalid     8,353        

proposed rule, amendment, rescission, or part thereof from the     8,354        

file of proposed rules.  The rule-making agency shall not proceed  8,355        

to adopt in accordance with division (D) of this section, or to    8,356        

file in accordance with division (B)(1) of section 111.15 of the   8,357        

Revised Code, any version of a proposed rule, amendment,           8,358        

rescission, or part thereof that has been invalidated by           8,359        

concurrent resolution.                                             8,360        

      Unless the house of representatives and senate adopt a       8,362        

concurrent resolution invalidating a proposed rule, amendment,     8,363        

rescission, or part thereof within the time specified by this      8,364        

division, the rule-making agency may proceed to adopt in           8,365        

accordance with division (D) of this section, or to file in        8,366        

accordance with division (B)(1) of section 111.15 of the Revised   8,367        

Code, the latest version of the proposed rule, amendment, or       8,368        

rescission as filed with the joint committee.  If by concurrent    8,369        

resolution certain of the rules, amendments, rescissions, or       8,370        

parts thereof are specifically invalidated, the rule-making        8,371        

agency may proceed to adopt, in accordance with division (D) of    8,372        

this section, or to file in accordance with division (B)(1) of     8,373        

section 111.15 of the Revised Code, the latest version of the      8,374        

proposed rules, amendments, rescissions, or parts thereof as       8,375        

filed with the joint committee that are not specifically           8,376        

invalidated.  The rule-making agency may not revise or amend any   8,377        

proposed rule, amendment, rescission, or part thereof that has     8,378        

not been invalidated except as provided in this chapter or in      8,379        

section 111.15 of the Revised Code.                                8,380        

      (2)(a)  A proposed rule, amendment, or rescission that is    8,382        

                                                          184    


                                                                 
filed with the joint committee under division (H) of this section  8,383        

or division (D) of section 111.15 of the Revised Code shall be     8,384        

carried over for legislative review to the next succeeding         8,385        

regular session of the general assembly if the original or any     8,386        

revised version of the proposed rule, amendment, or rescission is  8,387        

filed with the joint committee on or after the first day of        8,388        

December of any year.                                              8,389        

      (b)  The latest version of any proposed rule, amendment, or  8,391        

rescission that is subject to division (I)(2)(a) of this section,  8,392        

as filed with the joint committee, is subject to legislative       8,393        

review and invalidation in the next succeeding regular session of  8,394        

the general assembly in the same manner as if it were the          8,395        

original version of a proposed rule, amendment, or rescission      8,396        

that had been filed with the joint committee for the first time    8,397        

on the first day of the session.  A rule-making agency shall not   8,398        

adopt in accordance with division (D) of this section, or file in  8,399        

accordance with division (B)(1) of section 111.15 of the Revised   8,400        

Code, any version of a proposed rule, amendment, or rescission     8,401        

that is subject to division (I)(2)(a) of this section until the    8,402        

time for legislative review and invalidation, as contemplated by   8,403        

division (I)(2)(b) of this section, has expired.                   8,404        

      (3)  Invalidation of any version of a proposed rule,         8,406        

amendment, rescission, or part thereof by concurrent resolution    8,407        

shall prevent the rule-making agency from instituting or           8,408        

continuing proceedings to adopt any version of the same proposed   8,409        

rule, amendment, rescission, or part thereof for the duration of   8,410        

the general assembly that invalidated the proposed rule,           8,411        

amendment, rescission, or part thereof unless the same general     8,412        

assembly adopts a concurrent resolution permitting the             8,413        

rule-making agency to institute or continue such proceedings.      8,414        

      The failure of the general assembly to invalidate a          8,416        

proposed rule, amendment, rescission, or part thereof under this   8,417        

section shall not be construed as a ratification of the            8,418        

lawfulness or reasonableness of the proposed rule, amendment,      8,419        

                                                          185    


                                                                 
rescission, or any part thereof or of the validity of the          8,420        

procedure by which the proposed rule, amendment, rescission, or    8,421        

any part thereof was proposed or adopted.                          8,422        

      (4)  In lieu of recommending a concurrent resolution to      8,424        

invalidate a proposed rule, amendment, rescission, or part         8,425        

thereof because the rule-making agency has failed to prepare a     8,426        

complete and accurate fiscal analysis, the joint committee on      8,427        

agency rule review may issue, on a one-time basis, for rules,      8,428        

amendments, rescissions, or parts thereof that have a fiscal       8,429        

effect on school districts, counties, townships, or municipal      8,430        

corporations, a finding that the rule summary and fiscal analysis  8,432        

is incomplete or inaccurate and order the rule-making agency to    8,433        

revise the rule summary and fiscal analysis and refile it with     8,434        

the proposed rule, amendment, rescission, or part thereof.  If an  8,435        

emergency rule is filed as a nonemergency rule before the end of   8,436        

the ninetieth day of the emergency rule's effectiveness, and the   8,437        

joint committee issues a finding and orders the rule-making        8,438        

agency to refile under division (I)(4) of this section, the        8,439        

governor may also issue an order stating that the emergency rule   8,440        

shall remain in effect for an additional sixty days after the      8,441        

ninetieth day of the emergency rule's effectiveness.  The          8,442        

governor's orders shall be filed in accordance with division (F)   8,443        

of this section.  The joint committee shall send in electronic     8,445        

form to the rule-making agency, the secretary of state, and the    8,447        

director of the legislative service commission a certified text    8,448        

of the finding and order to revise the rule summary and fiscal     8,449        

analysis, which shall take immediate effect.                       8,450        

      An order issued under division (I)(4) of this section shall  8,453        

prevent the rule-making agency from instituting or continuing      8,454        

proceedings to adopt any version of the proposed rule, amendment,  8,455        

rescission, or part thereof until the rule-making agency revises   8,456        

the rule summary and fiscal analysis and refiles it in electronic  8,458        

form with the joint committee along with the proposed rule,        8,459        

amendment, rescission, or part thereof.  If the joint committee    8,460        

                                                          186    


                                                                 
finds the rule summary and fiscal analysis to be complete and      8,461        

accurate, the joint committee shall issue a new order noting that  8,463        

the rule-making agency has revised and refiled a complete and      8,464        

accurate rule summary and fiscal analysis.  The joint committee    8,465        

shall send in electronic form to the rule-making agency, the       8,467        

secretary of state, and the director of the legislative service    8,468        

commission a certified text of this new order.  The secretary of   8,469        

state and the director of the legislative service commission       8,470        

shall each link this order to the proposed rule, amendment,        8,472        

rescission, or part thereof.  The rule-making agency may then      8,473        

proceed to adopt in accordance with division (D) of this section,  8,474        

or to file in accordance with division (B)(1) of section 111.15    8,475        

of the Revised Code, the proposed rule, amendment, rescission, or  8,476        

part thereof that was subject to the finding and order under                    

division (I)(4) of this section.  If the joint committee           8,478        

determines that the revised rule summary and fiscal analysis is    8,479        

still inaccurate or incomplete, the joint committee shall          8,480        

recommend the adoption of a concurrent resolution in accordance    8,481        

with division (I)(1) of this section.                                           

      Section 7.  That all existing versions of section 119.03 of  8,483        

the Revised Code are hereby repealed.                              8,484        

      Section 8.  Sections 6 and 7 of this act take effect April   8,486        

1, 2002.                                                                        

      Section 9.  Except as otherwise specifically provided in     8,488        

this act, the codified and uncodified items of law contained in    8,489        

this act are subject to the referendum.  Therefore, under Ohio     8,490        

Constitution, Article II, Section 1c and section 1.471 of the      8,491        

Revised Code, and except as otherwise specified in this act, the   8,492        

codified and uncodified items of law contained in this act take                 

effect on the ninety-first day after the act is filed with the     8,493        

Secretary of State.  If, however, a referendum petition is filed   8,494        

against a codified or uncodified item of law contained in this     8,495        

act, the item of law, unless rejected at the referendum, takes     8,496        

effect at the earliest time permitted by law.                                   

                                                          187    


                                                                 
      Section 10.  Sections 1 and 2 of this act, other than        8,498        

sections 307.981, 307.982, 307.983, 307.984, 307.985, 307.986,     8,499        

307.987, 307.988, 329.04, 329.05, 330.01, 330.02, 330.04, 330.05,  8,500        

330.07, 763.01, 763.02, 763.05, 763.07, 5101.21, 5101.211,         8,501        

5101.213, 5101.22, 5101.23, 5101.24, 6301.01, 6301.02, 6301.03,    8,502        

6301.04, 6301.05, 6301.06, 6301.07, and 6301.08 of the Revised     8,503        

Code as amended or enacted by this act, shall take effect July 1,  8,504        

2000.                                                              8,505        

      Section 11.  Notwithstanding sections 4117.08 and 4117.10    8,507        

of the Revised Code, the renaming of the Department of Human       8,509        

Services as the Department of Job and Family Services and the      8,510        

reassignment of the functions and duties of the Bureau of                       

Employment Services by this act are not appropriate subjects for   8,511        

collective bargaining under Chapter 4117. of the Revised Code.     8,512        

      Section 12.  On July 1, 2000:                                8,514        

      (A)  The Bureau of Employment Services shall cease to        8,516        

exist.  Employees of the Bureau of Employment Services are hereby  8,518        

transferred to the Department of Job and Family Services or the    8,519        

Department of Commerce, as appropriate.  The vehicles and                       

equipment assigned to the employees are transferred to the         8,520        

Department of Job and Family Services or the Department of         8,521        

Commerce, as appropriate.                                          8,522        

      (B)  The assets, liabilities, other equipment not provided   8,524        

for, and records, irrespective of form or medium, of the Bureau    8,525        

of Employment Services are transferred to the Department of Job    8,526        

and Family Services or the Department of Commerce, as              8,527        

appropriate.  The Department of Job and Family Services and the    8,528        

Department of Commerce are successors to, assume the obligations   8,529        

of, and otherwise constitute the continuation of, the Bureau of    8,530        

Employment Services.                                               8,531        

      (C)  Business commenced but not completed by the             8,533        

Administrator or the Bureau of Employment Services on July 1,      8,534        

2000, shall be completed by the Director or Department of Job and  8,536        

Family Services or the Director or Department of Commerce, as                   

                                                          188    


                                                                 
appropriate, in the same manner, and with the same effect, as if   8,537        

completed by the Administrator or Bureau of Employment Services.   8,538        

No validation, cure, right, privilege, remedy, obligation, or      8,539        

liability is lost or impaired by reason of the transfer required   8,540        

by this section but shall be administered by the Director or       8,541        

Department of Job and Family Services or the Director or           8,542        

Department of Commerce, as appropriate.                            8,543        

      (D)  The rules, orders, and determinations pertaining to     8,545        

the Bureau of Employment Services continue in effect as rules,     8,546        

orders, and determinations of the Department of Job and Family     8,547        

Services or the Department of Commerce, as appropriate, until      8,548        

modified or rescinded by those Departments.                        8,549        

      (E)  No judicial or administrative action or proceeding      8,551        

pending on July 1, 2000, is affected by the transfer of functions  8,553        

from the Administrator or Bureau of Employment Services to the     8,554        

Director or Department of Job and Family Services or the Director  8,555        

or Department of Commerce, and shall be prosecuted or defended in  8,556        

the name of the Director or Department of Job and Family Services  8,557        

or the Director or Department of Commerce, as appropriate.  On     8,558        

application to the court or other tribunal, the Director or        8,559        

Department of Job and Family Services or the Director or           8,560        

Department of Commerce, whichever is appropriate, shall be                      

substituted as a party in such actions and proceedings.            8,561        

      (F)  When the Administrator or Bureau of Employment          8,563        

Services is referred to in any statute, rule, contract, grant, or  8,564        

other document, the reference is hereby deemed to refer to the     8,565        

Director or Department of Job and Family Services or the Director  8,566        

or Department of Commerce, as appropriate.                         8,567        

      Section 13.  Effective July 1, 2000:                         8,569        

      (A)  No person shall disclose any information that was       8,571        

maintained by the former Administrator of the Bureau of            8,572        

Employment Services or furnished to the former Administrator by    8,573        

employers or employees pursuant to Chapter 4141. of the Revised    8,574        

Code, unless disclosure is permitted under section 4141.21 of the  8,575        

                                                          189    


                                                                 
Revised Code.                                                                   

      (B)  No person who was in the employ of the former           8,577        

Administrator of the Bureau of Employment Services shall divulge   8,578        

to any person information maintained by or furnished to the        8,579        

former Administrator under Chapter 4141. of the Revised Code and   8,580        

secured by the person while so employed, in respect to the         8,581        

transactions, property, business, or mechanical, chemical, or      8,582        

other industrial process of any person, firm, corporation,         8,583        

association, or partnership to any person other than the Director  8,584        

of Job and Family Services.                                                     

      (C)  Whoever violates this section shall be disqualified     8,586        

from holding any appointment or employment by the Department of    8,587        

Job and Family Services or a county family services agency as      8,588        

defined in section 307.981 of the Revised Code or workforce        8,589        

development agency as defined in section 6301.01 of the Revised    8,590        

Code.                                                                           

      Section 14.  Nothing in this act shall be construed as       8,592        

diminishing program responsibilities or altering benefits          8,593        

administration for veterans.  It is the intent of the General      8,594        

Assembly that, beginning July 1, 2000, the Department of Job and   8,595        

Family Services administer federally funded employment and         8,596        

training programs consistent with the principles outlined in       8,597        

section 5903.11 of the Revised Code and applicable federal law.    8,598        

      Section 15.  Effective July 1, 2000, the functions the       8,600        

Bureau of Employment Services performs under a grant agreement     8,601        

with the United States Department of Labor pursuant to sections    8,602        

21(c) and 7(c)(1) of the "Occupational Safety and Health Act of    8,603        

1970," 84 Stat. 1590, 29 U.S.C.A. 651, are assigned to the         8,604        

Department of Commerce.                                                         

      Section 16.  Effective July 1, 2000, except as provided in   8,606        

Section 15 of this act, the functions the Bureau of Employment     8,607        

Services performs under a grant agreement with the United States   8,608        

Department of Labor are assigned to the Department of Job and      8,609        

Family Services.                                                   8,610        

                                                          190    


                                                                 
      Section 17.  On and after July 1, 2000, if necessary to      8,612        

ensure the integrity of the numbering of the Administrative Code,  8,613        

the Director of the Legislative Service Commission shall renumber  8,614        

the rules of the Bureau of Employment Services and the Department  8,615        

of Human Services to reflect their transfer to the Department of   8,616        

Job and Family Services and the Department of Commerce.            8,617        

      Section 18.  On and after July 1, 2000, in addition to the   8,619        

positions described in division (A)(26) of section 124.11 of the   8,620        

Revised Code, the Director of Job and Family Services may appoint  8,621        

up to five additional positions to the unclassified service that   8,622        

the Director determines to be involved in policy development and   8,623        

implementation.  These additional positions shall expire no later  8,624        

than June 30, 2002.                                                8,625        

      Section 19.  During the period beginning July 1, 2000, and   8,627        

ending June 30, 2002, the Director of Job and Family Services has  8,628        

the authority to establish, change, and abolish positions for the  8,629        

Department of Job and Family Services, and to assign, reassign,    8,630        

classify, reclassify, transfer, reduce, promote, or demote all     8,631        

employees of the Department of Job and Family Services who are     8,632        

not subject to Chapter 4117. of the Revised Code.                  8,633        

      This authority includes assigning or reassigning an exempt   8,635        

employee, as defined in section 124.152 of the Revised Code, to a  8,636        

bargaining unit classification if the Director determines that     8,637        

the bargaining unit classification is the proper classification    8,638        

for that employee.  The Director's actions shall be consistent     8,639        

with the requirements of 5 C.F.R. 900.603 for those employees      8,640        

subject to such requirements.  If an employee in the E-1 pay       8,641        

range is to be assigned, reassigned, classified, reclassified,     8,642        

transferred, reduced, or demoted to a position in a lower          8,643        

classification during the period specified in this section, the    8,644        

Director, or in the case of a transfer outside the Department,     8,645        

the Director of Administrative Services, shall assign the          8,646        

employee to the appropriate classification and place the employee  8,647        

in Step X.  The employee shall not receive any increase in         8,648        

                                                          191    


                                                                 
compensation until the maximum rate of pay for that                8,649        

classification exceeds the employee's compensation.                8,650        

      Actions taken by the Director of Job and Family Services or  8,652        

the Director of Administrative Services pursuant to this section   8,653        

are not subject to appeal to the State Personnel Board of Review.  8,654        

      Section 20.  Until July 1, 2000, whenever the following      8,656        

sections of the Revised Code, as amended or enacted by this act,   8,657        

refer to the Director or Department of Job and Family Services,    8,658        

the county department of job and family services, or the family    8,659        

services planning committee, the reference is deemed to refer to   8,660        

the Administrator or Bureau of Employment Services, Director or    8,661        

Department of Human Services, the county department of human       8,662        

services, or the human services planning committee, respectively:  8,663        

307.981, 307.985, 307.986, 329.04, 329.05, 330.04, 5101.21,        8,664        

5101.211, 5101.213, 5101.22, 5101.23, 5101.24, 6301.02, 6301.03,   8,665        

6301.04, 6301.05, 6301.06, and 6301.08.  A reference in those      8,666        

sections to the Director or Department of Job and Family Services  8,667        

that concerns a family services duty, as defined in section        8,668        

307.981 of the Revised Code, is deemed to refer to the Director    8,669        

or Department of Human Services.  A reference in those sections    8,670        

to the Director or Department of Job and Family Services that      8,671        

concerns a workforce development activity, as defined in section   8,672        

6301.01 of the Revised Code, is deemed to refer to the             8,673        

Administrator or Bureau of Employment Services.                                 

      Section 21.  The Director of Human Services and the          8,675        

Administrator of the Bureau of Employment Services may jointly or  8,676        

separately enter into one or more contracts with private or        8,677        

government entities for staff training and development to          8,678        

facilitate the transfer of the staff and duties of the Bureau of   8,679        

Employment Services to the Department of Job and Family Services.  8,680        

Division (B) of section 127.16 of the Revised Code does not apply  8,681        

to contracts entered into under this section.                      8,682        

      Section 22.  The Director of Human Services and the          8,684        

Administrator of the Bureau of Employment Services, the boards of  8,685        

                                                          192    


                                                                 
county commissioners, and the chief elected official of municipal  8,686        

corporations may enter into negotiations to amend an existing      8,687        

partnership agreement or to enter into a new partnership           8,688        

agreement consistent with this act.  Any such amended or new       8,689        

partnership agreement shall be drafted in the name of the          8,690        

Department of Job and Family Services.  The amended or new         8,691        

partnership agreement may be executed before July 1, 2000, if the  8,692        

amendment or agreement does not become effective sooner than July  8,693        

1, 2000.                                                                        

      Section 23.  The Bureau of Employment Services shall enter   8,695        

into an interagency agreement with the Department of Commerce to   8,696        

implement the transfer of the duties and responsibilities under    8,697        

Chapters 4109., 4111. (except for sections 4111.25 to 4111.30 of   8,698        

the Revised Code), 4115., and 4167. of the Revised Code.  The      8,699        

agreement may provide for the transfer of property and records,    8,700        

pass-through of federal financial participation, modification of   8,701        

any agreements with the United States Department of Labor, and     8,702        

any other provisions necessary for the transfer and continued      8,703        

administration of program activities.                              8,704        

      Section 24.  On and after July 1, 2000, notwithstanding any  8,706        

provision of law to the contrary, the Director of Budget and       8,707        

Management is authorized to take the actions described in this     8,708        

section with respect to budget changes made necessary by           8,709        

administrative reorganization, program transfers, the creation of  8,710        

new funds, and the consolidation of funds as authorized by this    8,711        

act.  The Director may make any transfer of cash balances between  8,712        

funds.  At the request of the Director of Budget and Management,   8,713        

the administering agency head shall certify to the Director an     8,714        

estimate of the amount of the cash balance to be transferred to    8,715        

the receiving fund.  The Director may transfer the estimated       8,716        

amount when needed to make payments.  Not more than thirty days    8,717        

after certifying the estimated amount, the administering agency    8,718        

head shall certify the final amount to the Director.  The          8,719        

Director shall transfer the difference between any amount          8,720        

                                                          193    


                                                                 
previously transferred and the certified final amount.  The        8,721        

Director may cancel encumbrances and re-establish encumbrances or  8,723        

parts of encumbrances as needed in fiscal year 2001 in the         8,724        

appropriate fund and appropriation line item for the same purpose  8,725        

and to the same vendor.  As determined by the Director, the        8,726        

appropriation authority necessary to re-establish such             8,727        

encumbrances in fiscal year 2001 in a different fund or                         

appropriation line item within an agency or between agencies is    8,728        

hereby authorized.  The Director shall reduce each year's          8,729        

appropriation balances by the amount of the encumbrances canceled  8,730        

in their respective funds and appropriation line items.  Any       8,731        

fiscal year 2000 unencumbered or unallocated appropriation         8,732        

balances may be transferred to the appropriate line item to be     8,733        

used for the same purposes, as determined by the Director.         8,734        

      Section 25.  Notwithstanding division (D) of section 127.14  8,736        

of the Revised Code, except for the General Revenue Fund, the      8,737        

Controlling Board may, upon the request of either the Director of  8,738        

Budget and Management, or a state agency with the approval of the  8,739        

Director of Budget and Management, increase appropriations for     8,740        

any fund, as necessary for the various state agencies, to assist   8,741        

in paying (1) the costs of increases in employee compensation      8,742        

that occur on or after July 1, 2000, pursuant to collective        8,743        

bargaining agreements under Chapter 4117. of the Revised Code,     8,744        

and (2) the costs of salary increases on or after July 1, 2000,    8,745        

for employees who are exempt from collective bargaining that are   8,746        

provided under law.  Such amounts are hereby appropriated.         8,747        

      This section is not subject to the referendum and            8,750        

therefore, under Ohio Constitution, Article II, Section 1d and     8,751        

section 1.471 of the Revised Code, goes into immediate effect                   

when this act becomes law.                                         8,752        

      Section 26.  That Section 30 of Am. Sub. H.B. 283 of the     8,754        

123rd General Assembly be amended to read as follows:              8,755        

      "Sec. 30.  CEB  CONTROLLING BOARD                            8,757        

General Revenue Fund                                               8,759        

                                                          194    


                                                                 
GRF 911-401 Emergency                                              8,762        

            Purposes/Contingencies$    6,372,000 $    6,000,000    8,764        

GRF 911-402 Employee Compensation                                  8,766        

            Adjustment            $            0 $   38,000,000    8,768        

GRF 911-403 School District                                        8,770        

            Financial Planning    $      500,000 $      500,000    8,772        

GRF 911-404 Mandate Assistance    $    2,000,000 $    2,000,000    8,776        

GRF 911-410 Ohio Veterans' Home   $      250,000 $      300,000    8,780        

GRF 911-419 Foster Caregiver                                       8,782        

            Training              $            0 $    3,000,000    8,784        

GRF 911-441 Ballot Advertising                                     8,786        

            Costs                 $      800,000 $      800,000    8,788        

GRF 911-442 Year 2000 Assistance  $    4,400,000 $    1,500,000    8,792        

TOTAL GRF General Revenue Fund    $   14,322,000 $   52,100,000    8,795        

State Special Revenue Fund Group                                   8,797        

5E2 911-601 Disaster Services     $   20,600,000 $    4,400,000    8,802        

TOTAL SSR State Special                                            8,803        

Revenue Fund Group                $   20,600,000 $    4,400,000    8,806        

TOTAL ALL BUDGET FUND GROUPS      $   34,922,000 $   56,500,000    8,809        

      Federal Share                                                8,812        

      In transferring appropriations to or from appropriation      8,814        

items that have federal shares identified in this act AM. SUB.     8,816        

H.B. 283 OF THE 123rd GENERAL ASSEMBLY, the Controlling Board      8,819        

shall add or subtract corresponding amounts of federal matching    8,820        

funds at the percentages indicated by the state and federal        8,821        

division of the appropriations in this act AM. SUB. H.B. 283 OF    8,822        

THE 123rd GENERAL ASSEMBLY.  Such changes are hereby               8,825        

appropriated.                                                                   

      Appropriation Transfers                                      8,827        

      In fiscal year 2000, the Controlling Board may transfer to   8,829        

the Bureau of Employment Services or to the Department of Human    8,830        

Services OR THE DEPARTMENT OF COMMERCE all or part of an           8,832        

appropriation that is made to the Department of Job and Family     8,833        

Services for fiscal year 2001. In fiscal year 2001, the            8,834        

                                                          195    


                                                                 
Controlling Board may transfer to the Department of Job and        8,835        

Family Services OR THE DEPARTMENT OF COMMERCE all or part of any   8,836        

balance in an appropriation that is made to the Bureau of          8,837        

Employment Services or to the Department of Human Services for     8,838        

fiscal year 2000.                                                  8,839        

      Disaster Assistance                                          8,841        

      Pursuant to requests submitted by the Department of Public   8,843        

Safety, the Controlling Board may approve transfers from the       8,844        

foregoing appropriation item 911-401, Emergency                    8,845        

Purposes/Contingencies, to a Department of Public Safety General   8,846        

Revenue Fund appropriation item to provide funding for assistance  8,847        

to political subdivisions made necessary by natural disasters or   8,848        

emergencies.  Such transfers may be requested and approved prior   8,849        

to the occurrence of any specific natural disasters or             8,850        

emergencies in order to facilitate the provision of timely         8,851        

assistance.  The Emergency Management Agency of the Department of               

Public Safety shall use such funding for disaster aid requests     8,852        

that meet Controlling Board criteria for assistance.  The          8,853        

department shall submit a report to the Controlling Board          8,854        

quarterly describing all such disaster aid.                                     

      Southern Ohio Correctional Facility Cost                     8,856        

      The Office of Criminal Justice Services and the Public       8,858        

Defender Commission may each request, upon approval of the         8,859        

Director of Budget and Management, additional funds from the       8,860        

foregoing appropriation item 911-401, Emergency                    8,861        

Purposes/Contingencies, for costs related to the disturbance that  8,862        

occurred on April 11, 1993, at the Southern Ohio Correctional      8,863        

Facility in Lucasville, Ohio.                                      8,864        

      Project OASIS                                                8,866        

      The Office of the Attorney General may request, upon         8,868        

approval of the Director of Budget and Management, that the        8,869        

Controlling Board release up to $372,000 in fiscal year 2000 from  8,870        

the foregoing appropriation item 911-401, Emergency                             

Purposes/Contingencies, to address a funding gap for Project       8,871        

                                                          196    


                                                                 
OASIS in the event that federal funding for this program is        8,872        

insufficient or delayed.                                                        

      Disaster Services                                            8,874        

      The foregoing appropriation item 911-601, Disaster           8,876        

Services, shall be used by the Controlling Board, pursuant to      8,878        

requests submitted by state agencies, to transfer cash and         8,879        

appropriation authority to any fund and appropriation line item    8,880        

of the state for the payment of state agency program expenses as   8,882        

follows:                                                                        

      (A)  The southern Ohio flooding, referred to as              8,885        

FEMA-DR-1164-OH;                                                                

      (B)  The flood/storm disaster referred to as                 8,889        

FEMA-DR-1227-OH;                                                                

      (C)  In fiscal year 2000, $5,000,000 to the Department of    8,891        

Natural Resources to be used for statewide flood mitigation        8,892        

projects;                                                                       

      (D)  In fiscal year 2000, up to $3,000,000 for reimbursing   8,894        

local governments for costs associated with tornado disaster       8,895        

relief in Hamilton and Warren Counties;                            8,896        

      (E)  If the Director of Budget and Management determines     8,900        

that sufficient funds exist beyond the expected program costs of   8,901        

these disasters, other disasters declared by the Governor.         8,903        

      Of the amount appropriated in fiscal year 2000 for the       8,905        

foregoing appropriation item 911-601, Disaster Services,           8,906        

$5,000,000 is the unencumbered and unallotted cash balance that    8,907        

exists in Fund 5E2 on June 30, 1999.                               8,908        

      Employee Compensation                                        8,910        

      Notwithstanding division (D) of section 127.14 and division  8,912        

(B) of section 131.35 of the Revised Code, except for the General  8,913        

Revenue Fund, the Controlling Board may, upon the request of       8,914        

either the Director of Budget and Management, or a state agency    8,915        

with the approval of the Director of Budget and Management,        8,916        

increase appropriations for any fund, as necessary for the         8,917        

various state agencies, to assist in paying the costs of           8,918        

                                                          197    


                                                                 
increases in employee compensation that occur on or after July 1,  8,919        

2000, that are provided pursuant to collective bargaining          8,920        

agreements under Chapter 4117. of the Revised Code and the costs   8,921        

of increased compensation provided for employees that are exempt   8,922        

from collective bargaining.                                        8,923        

      The Controlling Board may transfer appropriations from the   8,925        

foregoing appropriation item 911-402, Employee Compensation        8,926        

Adjustment, to the various agencies based on requests submitted    8,927        

by the Director of Budget and Management to assist in paying for   8,928        

the General Revenue Fund's share of employee compensation          8,929        

increases resulting from collective bargaining agreements under                 

Chapter 4117. of the Revised Code and the costs of increased       8,930        

compensation that are provided to employees that are exempt from   8,931        

collective bargaining.                                                          

      School District Financial Planning                           8,933        

      The foregoing appropriation item 911-403, School District    8,935        

Financial Planning, shall be used to pay costs of implementing     8,936        

the school district watch and fiscal emergency provisions of       8,937        

sections 3316.01 to 3316.08 of the Revised Code, including the     8,938        

expenses of the school district financial planning and             8,939        

supervision commission. Upon the request of any agency involved    8,940        

in implementing the school district watch or fiscal emergency      8,941        

provisions, the Controlling Board may transfer all or part of the  8,943        

appropriation to the agency.                                                    

      Mandate Assistance                                           8,945        

      (A)  The foregoing appropriation item 911-404, Mandate       8,947        

Assistance, shall be used to provide financial assistance to       8,948        

local units of government, school districts, and fire departments  8,950        

for the cost of the following three unfunded state mandates:       8,951        

      (1)  The cost to county prosecutors for prosecuting certain  8,953        

felonies that occur on the grounds of state institutions operated  8,955        

by the Department of Rehabilitation and Correction and the         8,956        

Department of Youth Services;                                                   

      (2)  The cost, primarily to small villages and townships,    8,958        

                                                          198    


                                                                 
of providing firefighter training and equipment or gear;           8,959        

      (3)  The cost to school districts of in-service training     8,961        

for child abuse detection.                                         8,962        

      (B)  The State and Local Government Commission may prepare   8,964        

and submit to the Controlling Board one or more requests to        8,965        

transfer appropriations from appropriation item 911-404, Mandate   8,966        

Assistance, to the state agencies charged with administering the   8,967        

state financial assistance to be provided under this section.      8,968        

The state agencies charged with this administrative                8,970        

responsibility are listed below, as well as the estimated annual   8,971        

amounts that the commission may propose be used for each program   8,973        

of state financial assistance.                                                  

                           Administering       Estimated Annual    8,978        

        Program                Agency               Amount         8,981        

Prosecution Costs       Office of Criminal                         8,984        

                        Justice Services           $200,000        8,986        

Firefighter Training    Department of                              8,988        

   Costs                Commerce                  $1,000,000       8,989        

Child Abuse Detection   Department of                              8,991        

   Training Costs       Education                  $800,000        8,992        

      (C)  Subject to the total amount appropriated in each        8,995        

fiscal year for appropriation item 911-404, Mandate Assistance,    8,996        

the commission may propose to the Controlling Board that amounts   8,998        

smaller or larger than these estimated annual amounts be           8,999        

transferred to each program.                                       9,000        

      (D)  In addition to making the initial transfers requested   9,002        

by the commission, the Controlling Board may, if requested by the  9,004        

commission, transfer appropriations received by a state agency     9,006        

under this section back to appropriation item 911-404, Mandate     9,007        

Assistance, or to one or more of the other programs of state       9,008        

financial assistance identified under this section.                9,009        

      (E)  It is expected that not all costs incurred by local     9,011        

units of government, school districts, and fire departments under  9,012        

each of the three programs of state financial assistance           9,013        

                                                          199    


                                                                 
identified under this section will be fully reimbursed by the      9,014        

state.  Reimbursement levels may vary by program and shall be      9,015        

based on: the relationship between the appropriation transfers     9,016        

requested by the commission and provided by the Controlling Board  9,017        

for each of the programs; the rules and procedures established     9,019        

for each program by the commission and the administering state     9,020        

agency; and the actual costs incurred by local units of            9,022        

government, school districts, and fire departments.                9,023        

      (F)  Each of these programs of state financial assistance    9,025        

shall be carried out as follows:                                   9,026        

      (1)  Prosecution Costs                                       9,028        

      (a)  Appropriations may be transferred to the Office of      9,030        

Criminal Justice Services to cover local prosecution costs for     9,031        

aggravated murder, murder, felonies of the first degree, and       9,032        

felonies of the second degree that occur on the grounds of         9,033        

institutions operated by the Department of Rehabilitation and      9,034        

Correction and the Department of Youth Services.                   9,035        

      (b)  Upon a delinquency filing in juvenile court or the      9,037        

return of an indictment for aggravated murder, murder, or any      9,038        

felony of the first or second degree that was committed at a       9,039        

Department of Youth Services or a Department of Rehabilitation     9,040        

and Correction institution, the affected county may, in            9,041        

accordance with rules that the Office of Criminal Justice          9,042        

Services shall adopt, apply to the Office of Criminal Justice      9,043        

Services for a grant to cover all documented costs that are        9,044        

incurred by the county prosecutor's office.                        9,045        

      (c)  Twice each year, the Office of Criminal Justice         9,047        

Services shall designate counties to receive grants from those     9,049        

counties that have submitted one or more applications in           9,050        

compliance with the rules that have been adopted by the Office of  9,051        

Criminal Justice Services for the receipt of such grants.  In      9,052        

each year's first round of grant awards, if sufficient             9,053        

appropriations have been made, up to a total of $100,000 may be    9,055        

awarded.  In each year's second round of grant awards, the         9,056        

                                                          200    


                                                                 
remaining appropriations available for this purpose may be         9,057        

awarded.                                                                        

      (d)  If for a given round of grants there are insufficient   9,059        

appropriations to make grant awards to all the eligible counties,  9,061        

the first priority shall be given to counties with cases           9,062        

involving aggravated murder and murder, second priority shall be   9,063        

given to cases involving a felony of the first degree, and third   9,064        

priority shall be given to cases involving a felony of the second  9,065        

degree.  Within these priorities, the grant awards shall be based  9,066        

on the order in which the applications were received, except that  9,067        

applications for cases involving a felony of the first or second   9,068        

degree shall not be considered in more than two consecutive        9,069        

rounds of grant awards.                                                         

      (2)  Firefighter Training Costs                              9,071        

      Appropriations may be transferred to the Department of       9,073        

Commerce for use as full or partial reimbursement to local units   9,074        

of government and fire departments for the cost of firefighter     9,075        

training and equipment or gear.  In accordance with rules that     9,076        

the department shall adopt, a local unit of government or fire     9,077        

department may apply to the department for a grant to cover all    9,078        

documented costs that are incurred to provide firefighter          9,079        

training and equipment or gear.  The department shall make grants  9,080        

within the limits of the funding provided, with priority given to  9,082        

fire departments that serve small villages and townships.                       

      (3)  Child Abuse Detection Training Costs                    9,084        

      Appropriations may be transferred to the Department of       9,086        

Education for disbursement to local school districts as full or    9,087        

partial reimbursement for the cost of providing in-service         9,088        

training for child abuse detection.  In accordance with rules      9,089        

that the department shall adopt, a local school district may       9,090        

apply to the department for a grant to cover all documented costs  9,091        

that are incurred to provide in-service training for child abuse   9,092        

detection.  The department shall make grants within the limits of  9,093        

the funding provided.                                              9,094        

                                                          201    


                                                                 
      Ohio Veterans' Home                                          9,096        

      With the approval of the Director of Budget and Management,  9,098        

the Ohio Veterans' Home may request that the Controlling Board     9,099        

transfer all or part of the foregoing appropriation item 911-410,  9,100        

Ohio Veterans' Home, to assist the Ohio Veterans' Home in          9,101        

defraying the operating expenses incurred as a result of its role  9,102        

in the planning and construction of a second veterans' home.       9,103        

      Foster Caregiver Training                                    9,105        

      Upon the passage of appropriate legislation by the 123rd     9,106        

General Assembly, the Department of Job and Family Services shall  9,107        

request that the Controlling Board transfer up to $3,000,000 in    9,108        

fiscal year 2001 from the foregoing appropriation item 911-419,    9,109        

Foster Caregiver Training, for the purpose of establishing a       9,110        

program of precertification and continuing training for foster                  

caregivers.                                                        9,111        

      Ballot Advertising Costs                                     9,113        

      Pursuant to requests submitted by the Ohio Ballot Board,     9,115        

the Controlling Board shall approve transfers from the foregoing   9,116        

appropriation item 911-441, Ballot Advertising Costs, to an Ohio   9,117        

Ballot Board line item in order to reimburse county boards of      9,118        

elections for the cost of public notices associated with                        

statewide ballot initiatives.                                      9,119        

      Of the foregoing appropriation item 911-441, Ballot          9,121        

Advertising Costs, the Director of Budget and Management shall     9,122        

transfer any amounts that are not needed for the purpose of        9,123        

reimbursing county boards of elections for the cost of public      9,124        

notices associated with statewide ballot initiatives to                         

appropriation item 911-404, Mandate Assistance.                    9,125        

      Year 2000 Assistance                                         9,127        

      The Department of Administrative Services shall make a       9,129        

concerted effort to recover from state agencies its cost of        9,130        

providing Year 2000 compliance assistance to state agencies on or  9,131        

after July 1, 1999. In instances where such cost recovery          9,132        

attempts are impractical or unreasonable, the Department of        9,133        

                                                          202    


                                                                 
Administrative Services may request approval of the Controlling    9,134        

Board to transfer appropriations from the foregoing appropriation  9,135        

item 911-442, Year 2000 Assistance, to the department in order to  9,136        

assist in paying for the costs that it incurs in providing Year    9,137        

2000 assistance to state agencies.                                 9,138        

      The Director of Budget and Management shall certify to the   9,140        

members of the Controlling Board, of the amount appropriated to    9,141        

appropriation item 042-900, OBM Y2K Contingency, how much is       9,142        

subsequently for deposit to the credit of the General Revenue      9,143        

Fund.  The Director of Budget and Management shall then increase   9,144        

the appropriation authority in the foregoing appropriation item    9,145        

911-442, Year 2000 Assistance, by the amount so certified."        9,146        

      Section 27.  That existing Section 30 of Am. Sub. H.B. 283   9,148        

of the 123rd General Assembly is hereby repealed.                  9,149        

      Section 28.  Section 307.86 of the Revised Code is           9,151        

presented in this act as a composite of the section as amended by  9,152        

both Am. Sub. H.B. 283 and Sub. S.B. 31 of the 123rd General       9,153        

Assembly and by Am. Sub. S.B. 67 of the 122nd General Assembly,    9,154        

with the new language of none of the acts shown in capital         9,155        

letters.  Section 3313.64 of the Revised Code is presented in      9,156        

this act as a composite of the section as amended by Am. Sub.      9,158        

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  9,160        

in capital letters.  Section 4141.28 of the Revised Code is        9,161        

presented in this act as a composite of the section as amended by  9,162        

both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General          9,163        

Assembly, with the new language of neither of the acts shown in    9,164        

capital letters. Section 5101.02 of the Revised Code is presented  9,165        

in this act as a composite of the section as amended by both Am.   9,167        

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      9,169        

letters.  This is in recognition of the principle stated in        9,170        

division (B) of section 1.52 of the Revised Code that such         9,171        

amendments are to be harmonized where not substantively            9,172        

                                                          203    


                                                                 
irreconcilable and constitutes a legislative finding that such is  9,173        

the resulting version in effect prior to the effective date of     9,174        

this act.                                                                       

      Section 29.  If any item of law that constitutes the whole   9,176        

or part of a codified or uncodified section of law contained in    9,177        

this act, or if any application of any item of law that            9,178        

constitutes the whole or part of a codified or uncodified section  9,179        

of law contained in this act, is held invalid, the invalidity      9,180        

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    9,181        

application.  To this end, the items of law of which the codified  9,182        

and uncodified sections contained in this act are composed, and    9,183        

their applications, are independent and severable.                 9,184