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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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