As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 509 5
1999-2000 6
REPRESENTATIVE CORBIN 8
_________________________________________________________________ 9
A B I L L
To amend sections 2301.371, 3111.20, 3113.21, 11
4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 12
4141.29, 4141.301, 4141.43, and 5104.11 and to
enact sections 4141.281, 4141.282, and 4141.283 14
of the Revised Code to make changes in the 15
Unemployment Compensation Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 2301.371, 3111.20, 3113.21, 19
4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 20
4141.43, and 5104.11 be amended and sections 4141.281, 4141.282, 22
and 4141.283 of the Revised Code be enacted to read as follows: 23
Sec. 2301.371. (A) If a child support enforcement agency 32
discovers pursuant to an investigation conducted under section 33
2301.37 of the Revised Code that an obligor under a child support 34
order that it is administering may be receiving unemployment 35
compensation benefits or if a child support enforcement agency 36
receives notice or otherwise discovers that an obligor under a 37
child support order may be receiving unemployment compensation 38
benefits, the agency promptly shall conduct an investigation to 39
determine whether the obligor is receiving unemployment 40
compensation benefits and to determine the amount of the 41
benefits. The investigation shall be completed within ten days 42
of the agency's discovery or receipt of the notice. 43
(B) Upon completion of an investigation conducted under 45
division (A) of this section, if the agency finds that the 46
obligor is receiving unemployment compensation benefits, it 47
2
shall, in accordance with sections 3111.20 to 3111.28 and, 48
3113.21 to 3113.219, AND 4141.282 of the Revised Code, division 50
(D)(4) of section 4141.28 of the Revised Code, and federal law 51
governing the bureau of employment services, notify the bureau of 54
employment services to withhold or deduct an amount from the 56
unemployment compensation benefits to pay child support 57
obligations. EFFECTIVE FOR APPLICATIONS TO ESTABLISH 59
UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27, 60
1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT 61
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S 62
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE 63
BUREAU OF EMPLOYMENT SERVICES. 64
The agency may not impose the processing charge pursuant to 66
division (G)(1) of section 2301.35 of the Revised Code with 67
respect to amounts withheld or deducted from unemployment 69
compensation pursuant to this section.
(C) The department of human services shall adopt rules in 71
accordance with Chapter 119. of the Revised Code to implement 72
this section, which rules shall be consistent with division 74
(D)(4) of section 4141.28 4141.282 of the Revised Code and 76
federal law governing the bureau of employment services. 77
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 86
of the Revised Code: 87
(1) "Obligor" means the person required to pay support 89
under an administrative support order. 90
(2) "Obligee" means the person entitled to receive the 92
support payments under an administrative support order. 93
(3) "Administrative support order" means an administrative 95
order for the payment of support that is issued by a child 96
support enforcement agency. 97
(4) "Support" means child support. 99
(5) "Personal earnings" means compensation paid or payable 101
for personal services, however denominated, and includes, but is 102
not limited to, wages, salary, commissions, bonuses, draws 103
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against commissions, profit sharing, and vacation pay. 104
(6) "Financial institution" means a bank, savings and loan 106
association, or credit union, or a regulated investment company 107
or mutual fund in which a person who is required to pay support 108
has funds on deposit that are not exempt under the law of this 109
state or the United States from execution, attachment, or other 110
legal process. 111
(7) "Title IV-D case" means any case in which the child 113
support enforcement agency is enforcing the support order 114
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 115
2351 (1975), 42 U.S.C. 651, as amended. 116
(8) "Payor" means any person or entity that distributes 119
income to an obligor including the obligor, if the obligor is 121
self-employed; an employer; an employer that is paying the 122
obligor's workers' compensation benefits; the public employees 123
retirement board; the governing entity of any municipal 124
retirement system; the board of trustees of the Ohio police and 126
fire pension fund; the state teachers retirement board; the 127
school employees retirement board; the state highway patrol 128
retirement board; a person paying or otherwise distributing an 129
obligor's income; the bureau of workers' compensation; or any 130
other person or entity, except the bureau of employment services 132
with respect to unemployment compensation benefits paid pursuant 133
to Chapter 4141. of the Revised Code. 134
(9) "Income" means any form of monetary payment, including 137
personal earnings; unemployment compensation benefits to the 138
extent permitted by, and in accordance with, section SECTIONS 139
2301.371 of the Revised Code, division (D)(4) of section 4141.28 142
AND 4141.282 of the Revised Code, and federal law governing the 144
bureau of employment services; workers' compensation payments; 145
pensions; annuities; allowances; retirement benefits; disability 147
or sick pay; insurance proceeds; lottery prize awards; federal, 148
state, or local government benefits to the extent that the 149
benefits can be withheld or deducted under the law governing the 150
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benefits; any form of trust fund or endowment; lump-sum payments; 151
and any other monetary payments.
(B) A man who is presumed to be the natural father of a 154
child pursuant to section 3111.03 of the Revised Code assumes the 155
parental duty of support with respect to the child. 156
(C) Notwithstanding section 3109.01 of the Revised Code, a 158
parent's duty of support for a child shall continue beyond the 159
age of majority as long as the child continuously attends on a 160
full-time basis any recognized and accredited high school or a 162
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 163
which a child support order requires the duty of support to 164
continue for any period after the child reaches nineteen years of 165
age, the duty does not continue after the child reaches nineteen 166
years of age. The parental duty of support shall continue during 167
seasonal vacations. 168
A parent, guardian, or legal custodian of a child, the 170
person with whom the child resides, or the child support 171
enforcement agency of the county in which the child, parent, 172
guardian, or legal custodian of the child resides may file a 174
complaint pursuant to section 2151.231 of the Revised Code in the 175
juvenile court of that county requesting the court to order a 176
parent who neglects or does not assume the parental duty of 177
support to pay an amount for the support of the child and to 178
provide for the health care needs of the child, may contact a 180
child support enforcement agency for assistance in obtaining the 181
order, or may request an administrative officer of a child 182
support enforcement agency to issue an administrative order for 183
the payment of child support and providing for the health care 184
needs of the child pursuant to division (D) of this section. 185
Upon the filing of the complaint or the making of the request, 186
the court shall issue an order requiring the payment of support 187
for the child and providing for the health care needs of the 188
child, pursuant to section 2151.231 of the Revised Code, or the 189
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administrative officer, pursuant to division (D) of this section, 190
shall issue an order requiring the payment of support for the 191
child and providing for the health care needs of the child. 192
A party to a request made under this division may raise the 194
issue of the existence or nonexistence of a parent-child 195
relationship between the presumed natural father and the child 196
unless the presumption is based on acknowledgment of paternity 197
that has become final pursuant to section 2151.232, 3111.211, or 198
5101.314 of the Revised Code. If a request is made for an 199
administrative order providing for support and health care needs 201
pursuant to division (D) of this section and the issue of the 203
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 204
request made pursuant to section 3111.22 of the Revised Code and 205
determine the issue pursuant to that section. An administrative 206
order issued pursuant to division (D) of this section does not 208
preclude a party from requesting a determination of the issue of 209
the existence or nonexistence of a parent-child relationship 210
pursuant to this chapter if the issue was not determined with 212
respect to the party in the proceedings conducted pursuant to 213
division (D) of this section or pursuant to an acknowledgment of 214
paternity that has become final under section 2151.232, 3111.211, 215
or 5101.314 of the Revised Code. An order issued pursuant to 217
division (D) of this section shall remain effective until a final 218
and enforceable determination is made pursuant to this chapter 219
that a parent-child relationship does not exist between the 220
presumed natural father and the child or until the occurrence of 221
an event described in division (E)(4)(a) of section 3111.23 of 222
the Revised Code that requires the order to be terminated. 223
(D) If a request is made pursuant to division (C) of this 225
section or division (A) of section 3111.211 of the Revised Code 226
for an administrative order requiring the payment of child 228
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 230
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to determine, in accordance with sections 3111.23 to 3111.29 and 231
3113.215 of the Revised Code, the amount of child support either 232
parent is required to pay, the method of paying that child 234
support, and the method of providing for the child's health care. 235
The hearing shall be held not later than sixty days after the 236
request is made pursuant to division (A) of this section or 238
division (A) of section 3111.211 of the Revised Code nor earlier 239
than thirty days after the officer gives the mother and father of 240
the child notice of the action. When an administrative officer 241
issues an administrative order for the payment of support and 242
provision for the child's health care, all of the following 243
apply:
(1) The administrative support order shall require 246
periodic payments of support that may vary in amount, except 248
that, if it is in the best interest of the child, the 249
administrative officer may order a lump sum payment or the 250
purchase of an annuity in lieu of periodic payments of support. 251
(2) The administrative support order shall require the 253
parents to provide for the health care needs of the child in 254
accordance with section 3111.241 of the Revised Code. 255
The administrative support order shall include a notice 257
stating that the mother or the father may object to the 259
administrative order by bringing an action for the payment of 260
support and provision for the child's health care under section 261
2151.321 of the Revised Code in the juvenile court of the county 262
in which the child or the guardian or legal custodian of the 263
child resides, that the action may be brought no later than 264
thirty days after the date of the issuance of the administrative 265
support order, and that, if neither the mother nor the father 266
brings an action for the payment of support and provision for the 267
child's health care within that thirty-day period, the 269
administrative support order is final and enforceable by a court 270
and may be modified and enforced only as provided in sections 271
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 273
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Sec. 3113.21. (A)(1) In any action in which support is 282
ordered under Chapter 3115. or under section 2151.23, 2151.231, 283
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 284
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 285
Revised Code, the court shall require the withholding or 286
deduction of income or assets of the obligor in accordance with 287
division (D) of this section or require the issuance of another 288
type of appropriate court order in accordance with division 289
(D)(3) or (4) or (H) of this section to ensure that withholding 291
or deduction from the income or assets of the obligor is 292
available from the commencement of the support order for the 294
collection of the support and any arrearages that occur. The 295
court shall determine the specific withholding or deduction 296
requirements or other appropriate requirements applicable to the 297
obligor under the support order in accordance with divisions (D) 298
and (H) of this section and section 2301.371 of the Revised Code 299
and shall include the specific requirements in the notices 300
described in divisions (A)(2) and (D) of this section or in the 301
court orders described in divisions (A)(2), (D)(3) or (4), and 302
(H) of this section. Any person required to comply with any 304
withholding or deduction requirement shall determine the manner 305
of withholding or deducting from the specific requirement 306
included in the notices described in those divisions without the 307
need for any amendment to the support order, and any person 308
required to comply with a court order described in division 309
(D)(3), (D)(4), or (H) of this section shall comply with the 311
court order without the need for any amendment to the support 312
order. The court shall include in any action in which support is 313
ordered as described in division (A)(1) of this section a general 314
provision that states the following:
"All child support and spousal support under this order 317
shall be withheld or deducted from the income or assets of the 319
obligor pursuant to a withholding or deduction notice or 320
appropriate court order issued in accordance with section 3113.21 321
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of the Revised Code or a withdrawal directive issued pursuant to 322
section 3113.214 of the Revised Code and shall be forwarded to 323
the obligee in accordance with sections 3113.21 to 3113.213 of 324
the Revised Code." 325
(2) In any action in which support is ordered or modified 327
as described in division (A)(1) of this section, the court shall 328
determine in accordance with divisions (D) and (H) of this 329
section the types of withholding or deduction requirements or 330
other appropriate requirements that should be imposed relative to 331
the obligor under the support order to collect the support due 332
under the order. Within fifteen days after the obligor under the 333
support order is located subsequent to the issuance of the 334
support order or within fifteen days after the default under the 336
support order, whichever is applicable, the court or the child 337
support enforcement agency, as determined by agreement of the 338
court and the agency, shall send a notice by regular mail to each 339
person required to comply with a withholding or deduction 340
requirement. The notice shall specify the withholding or 341
deduction requirement and shall contain all of the information 342
set forth in division (D)(1)(b) or (2)(b) of this section that is 343
applicable to the requirement. If the appropriate requirement is 345
an order of the type described in division (D)(3), (D)(4), or (H) 346
of this section, the court shall issue and send a court order in 347
accordance with that division. The notices and court orders, and 348
the notices provided by the court or child support enforcement 349
agency that require the obligor to notify the agency of any 350
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 351
enforceable by the court. When the court or agency issues a 352
notice, it shall provide the notice to the obligor in accordance 353
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 355
is applicable, and shall include with the notice the additional 356
notices described in the particular division that is applicable. 357
(3)(a) If support is ordered or modified on or after 359
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December 31, 1993, under Chapter 3115. or under section 2151.23, 360
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 362
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 363
of the Revised Code, if the court has determined in accordance 364
with division (A)(2) of this section the types of withholding or 365
deduction requirements or other appropriate requirements that 366
should be imposed relative to the obligor under the support order 367
to collect the support due under the order, if the court or a 368
child support enforcement agency has mailed the appropriate 369
notice to the person required to comply with the withholding or 370
deduction requirements that the court has determined should be 371
imposed or the court has issued and sent a court order described 372
in division (D)(3), (D)(4), or (H) of this section containing the 374
other appropriate requirements that the court determined should 375
be imposed, and if the child support enforcement agency is 376
notified or otherwise determines that the employment status or 377
other circumstances of the obligor have changed and that it is 378
more appropriate to impose another type of or an additional 379
withholding or deduction requirement or another type of or 380
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 381
3113.212 of the Revised Code. The notices and court orders 382
issued under this division and section 3113.212 of the Revised 383
Code, and the notices provided by the court or child support 384
enforcement agency that require the obligor to notify the agency 385
of any change in the obligor's employment status or of any other 386
change in the status of the obligor's assets, are final and are 388
enforceable by the court.
(b) All orders for support issued prior to December 31, 391
1993, under Chapter 3115. or under section 2151.23, 2151.231, 392
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 394
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 395
Code that have not been modified or subject to division (B) of 397
this section regarding a default under the order on or after that 398
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date shall be considered to contain the general provision 399
described in division (A)(1) of this section and shall be 400
enforced and modified in the same manner as an order for support 401
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 403
forms for the support withholding and deduction notices that are 404
prescribed by divisions (A)(1) to (3) and (B) of this section. 405
All courts and child support enforcement agencies shall use the 406
forms in issuing withholding and deduction notices in compliance 407
with this section. 408
(B)(1)(a) In any action in which support is ordered under 411
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 412
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 414
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 415
or 3113.31 of the Revised Code and in which there has been a 416
default under the order, the court shall comply with divisions 417
(B)(1) to (6) of this section. 418
If the support was ordered prior to December 31, 1993, or 420
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 422
Code, the court that issued the order, or in the case of an order 424
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 425
Code, the common pleas court of the county in which the child 426
support enforcement agency that issued the order is located, 427
shall reissue the support order under which there has been a 428
default and shall include in the reissued order a general 429
provision as described in this division requiring the withholding 430
or deduction of income or assets of the obligor in accordance 432
with division (D) of this section or requiring the issuance of a 433
court order containing another type of appropriate requirement in 434
accordance with division (D)(3), (D)(4), or (H) of this section 436
to ensure that withholding or deduction from the income or assets 438
is available for the collection of current support and any 440
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 442
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support order includes a general provision similar to the one 443
described in this division, the court shall replace the similar 444
general provision with the general provision described in this 445
division. Except for the inclusion or replacement of the general 446
provision, the provisions of the reissued order required under 447
this division shall be identical to those of the support order 448
under which there has been a default. 449
When support has been ordered under any chapter or section 452
described in this division, the child support enforcement agency 453
shall initiate support withholding when the order is in default. 454
Immediately after the identification of a default under the 455
support order, the child support enforcement agency shall conduct 457
the investigation described in division (B)(1)(b) of this 458
section. Additionally, within fifteen calendar days after the 459
identification of a default under the support order, the child 460
support enforcement agency shall investigate the default and, if 461
it is before July 1, 1999, send advance notice to the obligor. 462
On and after that date, the division of child support in the 464
department of human services shall send the advance notice to the 465
obligor. The advance notice shall include a notice describing 466
the actions that may be taken against the obligor pursuant to 467
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 468
2301.45, and 3113.214 of the Revised Code if the court or agency 469
makes a final and enforceable determination that the obligor is 470
in default pursuant to this division. If the location of the 472
obligor is unknown at the time of the identification of a default 473
under the support order, the division shall send the advance 474
notice to the obligor within fifteen days after the agency 475
locates the obligor. The general provision for the withholding 476
or deduction of income or assets to be included in the reissued 478
support order specifically shall include the following statement: 479
"All child support and spousal support under this order 482
shall be withheld or deducted from the income or assets of the 484
obligor pursuant to a withholding or deduction notice or 485
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appropriate court order issued in accordance with section 3113.21 486
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 487
the obligee in accordance with sections 3113.21 to 3113.213 of 488
the Revised Code." 489
(b) After the identification of a default under a support 491
order as described in division (B)(1)(a) of this section, the 492
child support enforcement agency immediately shall conduct an 493
investigation to determine the employment status of the obligor, 494
the obligor's social security number, the name and business 495
address of the obligor's employer, whether the obligor is in 496
default under a support order, the amount of any arrearages, and 497
any other information necessary to enable the court or agency to 498
impose any withholding or deduction requirements and issue the 499
related notices described in division (D) of this section or to 500
issue any court orders described in division (D)(3) or (4) of 502
this section. The agency also shall conduct an investigation 503
under this division when required by division (C)(1)(a) or (b) of 504
this section, shall complete the investigation within twenty days 505
after the obligor or obligee files the motion with the court 506
under division (C)(1)(a) of this section or the court orders the 507
investigation under division (C)(1)(b) of this section. 508
(2) An advance notice to an obligor required by division 510
(B)(1) of this section shall contain all of the following: 511
(a) A statement of the date on which the advance notice is 513
sent, the amount of arrearages owed by the obligor as determined 514
by the court or the child support enforcement agency, the types 515
of withholding or deduction requirements and related notices 516
described in division (D) of this section or the types of court 517
orders described in division (D)(3), (D)(4), or (H) of this 519
section that will be issued to pay support and any arrearages, 520
and the amount that will be withheld or deducted pursuant to 521
those requirements; 522
(b) A statement that any notice for the withholding or 524
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deduction of an amount from income or assets apply to all current 526
and subsequent payors of the obligor and financial institutions 528
in which the obligor has an account and that any withholding or 529
deduction requirement and related notice described in division 530
(D) of this section or any court order described in division 531
(D)(3), (D)(4), or (H) of this section that is issued will not be 533
discontinued solely because the obligor pays any arrearages; 534
(c) An explanation of the administrative and court action 536
that will take place if the obligor contests the inclusion of any 537
of the provisions; 538
(d) A statement that the contents of the advance notice 540
are final and are enforceable by the court unless the obligor 541
files with the child support enforcement agency, within seven 542
days after the date on which the advance notice is sent, a 543
written request for an administrative hearing to determine if a 544
mistake of fact was made in the notice. 545
(3) If the obligor requests a hearing regarding the 547
advance notice in accordance with division (B)(2)(d) of this 548
section, the child support enforcement agency shall conduct an 549
administrative hearing no later than ten days after the date on 550
which the obligor files the request for the hearing. No later 551
than five days before the date on which the hearing is to be 552
conducted, the agency shall send the obligor and the obligee 553
written notice of the date, time, place, and purpose of the 554
hearing. The notice to the obligor and obligee also shall 555
indicate that the obligor may present testimony and evidence at 556
the hearing only in regard to the issue of whether a mistake of 557
fact was made in the advance notice. 558
At the hearing, the child support enforcement agency shall 560
determine whether a mistake of fact was made in the advance 561
notice. If it determines that a mistake of fact was made, the 562
agency shall determine the provisions that should be changed and 563
included in a corrected notice and shall correct the advance 564
notice accordingly. The agency shall send its determinations to 565
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the obligor. The agency's determinations are final and are 566
enforceable by the court unless, within seven days after the 567
agency makes its determinations, the obligor files a written 568
motion with the court for a court hearing to determine if a 569
mistake of fact still exists in the advance notice or corrected 570
advance notice. 571
(4) If, within seven days after the agency makes its 573
determinations under division (B)(3) of this section, the obligor 574
files a written motion for a court hearing to determine if a 575
mistake of fact still exists in the advance notice or the 576
corrected advance notice, the court shall hold a hearing on the 577
request as soon as possible, but no later than ten days, after 578
the request is filed. If the obligor requests a court hearing, 579
no later than five days before the date on which the court 580
hearing is to be held, the court shall send the obligor and the 581
obligee written notice by ordinary mail of the date, time, place, 582
and purpose of the court hearing. The hearing shall be limited 583
to a determination of whether there is a mistake of fact in the 584
advance notice or the corrected advance notice. 585
If, at a hearing conducted under this division, the court 587
detects a mistake of fact in the advance notice or the corrected 588
advance notice, it immediately shall correct the notice. 589
(5) Upon exhaustion of all rights of the obligor to 591
contest the withholding or deduction on the basis of a mistake of 592
fact and no later than the expiration of forty-five days after 593
the issuance of the advance notice under division (B)(1) of this 594
section, the court or child support enforcement agency shall 595
issue one or more notices requiring withholding or deduction of 596
income or assets of the obligor in accordance with divisions 598
(A)(2) and (D) of this section, or the court shall issue one or 599
more court orders imposing other appropriate requirements in 600
accordance with division (A)(2) and division (D)(3), (D)(4), or 602
(H) of this section. Thereafter, section 3113.212 of the Revised 603
Code applies in relation to the issuance of the notices and court 604
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orders. The notices and court orders issued under this division 605
or section 3113.212 of the Revised Code are final and are 606
enforceable by the court. The court or agency shall send to the 607
obligor by ordinary mail a copy of the withholding or deduction 608
notice, in accordance with division (D) of this section. The 609
failure of the court or agency to give the notice required by 610
this division does not affect the ability of any court to issue 611
any notice or order under this section or any other section of 612
the Revised Code for the payment of support, does not provide any 613
defense to any notice or order for the payment of support that is 614
issued under this section or any other section of the Revised 615
Code, and does not affect any obligation to pay support. 616
(6) The department of human services shall adopt standard 618
forms for the advance notice prescribed by divisions (B)(1) to 619
(5) of this section. All courts and child support enforcement 620
agencies shall use those forms, and the support withholding and 621
deduction notice forms adopted under division (A)(4) of this 622
section, in complying with this section. 623
(C)(1) In any action in which support is ordered under 625
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 626
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 628
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 630
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 632
motion with the court that issued the order requesting the 633
issuance of one or more withholding or deduction notices as 634
described in division (D) of this section to pay the support due 635
under the order. The motion may be filed at any time after the 636
support order is issued. Upon the filing of a motion pursuant to 637
this division, the child support enforcement agency immediately 638
shall conduct, and shall complete within twenty days after the 639
motion is filed, an investigation in accordance with division 640
(B)(1)(b) of this section. Upon the completion of the 641
investigation and the filing of the agency's report under 642
16
division (B)(1)(b) of this section, the court shall issue one or 643
more appropriate orders described in division (D) of this 644
section. 645
(b) If any proceedings involving the support order are 647
commenced in the court and if the court has not issued any orders 648
under division (D) of this section as it existed prior to 650
December 31, 1993, with respect to the support order, if the 651
court determines that any orders issued under division (D) of 652
this section as it existed prior to December 31, 1993, no longer 654
are appropriate, if the court on or after December 31, 1993, has 656
not modified or reissued the support order under division (A) or 658
(B) of this section and issued any notices under division (D) or 659
court orders under division (D)(3) or (4) of this section, or if 661
the court on or after December 31, 1993, has modified or reissued 663
the support order under division (A) or (B) of this section and 664
issued one or more notices under division (D) or one or more 665
court orders under division (D)(3) or (4) of this section but 667
determines that the notices or court orders no longer are 668
appropriate, the court, prior to or during any hearings held with 669
respect to the proceedings and prior to the conclusion of the 670
proceedings, shall order the child support enforcement agency to 671
conduct an investigation pursuant to division (B)(1)(b) of this 672
section. Upon the filing of the findings of the agency following 673
the investigation, the court, as necessary, shall issue one or 674
more notices described in division (D) or one or more court 675
orders described in division (D)(3) or (4) of this section or 677
modify any notices previously issued under division (D) or any 678
court orders previously issued under division (D)(3) or (4) of 680
this section.
(c)(i) If a child support enforcement agency, in 682
accordance with section 3113.216 of the Revised Code, requests 683
the court to issue a revised child support order in accordance 684
with a revised amount of child support calculated by the agency, 685
the court shall proceed as described in this division. If 686
17
neither the obligor nor the obligee requests a court hearing on 687
the revised amount of child support, the court shall issue a 688
revised child support order requiring the obligor to pay the 689
revised amount of child support calculated by the agency. 690
However, if the obligor or the obligee requests a court hearing 691
on the revised amount of child support calculated by the agency, 692
the court, in accordance with division (C)(1)(c)(ii) of this 693
section, shall schedule and conduct a hearing to determine if the 694
revised amount of child support is the appropriate amount and if 695
the amount of child support being paid under the child support 696
order otherwise should be revised. 697
(ii) If the court is required to schedule and conduct a 699
hearing pursuant to division (C)(1)(c)(i) of this section, the 700
court shall give the obligor, obligee, and agency at least thirty 701
days' notice of the date, time, and location of the hearing; 702
order the obligor to provide the court with a copy of the 703
obligor's federal income tax return from the previous year, a 704
copy of all pay stubs obtained by the obligor within the 705
preceding six months, a copy of all other records evidencing the 707
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 708
health insurance and health care policies, contracts, and plans 709
available to the obligor and their costs, and the current health 710
insurance or health care policy, contract, or plan under which 711
the obligor is enrolled and its cost, if the obligor failed to 712
provide any of those documents to the agency, and order the 713
obligee to provide the court with a copy of the obligee's federal 714
income tax return from the previous year, a copy of all pay stubs 715
obtained by the obligee within the preceding six months, a copy 717
of all other records evidencing the receipt of any other salary, 718
wages, or compensation by the obligee within the preceding six 719
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 720
costs, and the current health insurance or health care policy, 721
18
contract, or plan under which the obligee is enrolled and its 722
cost, if the obligee failed to provide any of those documents to 724
the agency; give the obligor and the obligee notice that any 725
willful failure to comply with that court order is contempt of 726
court and, upon a finding by the court that the party is in 727
contempt of court, the court and the agency will take any action 728
necessary to obtain the information or make any reasonable 729
assumptions necessary with respect to the information the person 731
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 733
child support order requiring the obligor to pay the revised 734
amount of child support calculated by the agency, if the court 735
determines at the hearing that the revised amount of child 736
support calculated by the agency is the appropriate amount; and 737
determine the appropriate amount of child support and, if 738
necessary, issue a revised child support order requiring the 739
obligor to pay the amount of child support determined by the 740
court, if the court determines that the revised amount of child 741
support calculated by the agency is not the appropriate amount. 742
(iii) In determining, at a hearing conducted under 744
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 745
amount of child support to be paid by the obligor, the court 746
shall consider, in addition to all other factors required by law 747
to be considered, the appropriate person, whether it is the 748
obligor, obligee, or both, to be required in accordance with 749
section 3113.217 of the Revised Code to provide health insurance 751
coverage for the children specified in the order, and the cost of 752
health insurance which the obligor, the obligee, or both have 753
been ordered in accordance with section 3113.217 of the Revised 754
Code to obtain for the children specified in the order. 755
(d)(i) An obligee under a child support order may file a 758
motion with the court that issued the order requesting the court 759
to modify the order to require the obligor to obtain health 760
insurance coverage for the children who are the subject of the 761
19
order, and an obligor under a child support order may file a 762
motion with the court that issued the order requesting the court 763
to modify the order to require the obligee to obtain health 764
insurance coverage for those children. Upon the filing of such a 765
motion, the court shall order the child support enforcement 766
agency to conduct an investigation to determine whether the 767
obligor or obligee has satisfactory health insurance coverage for 768
the children. Upon completion of its investigation, the agency 769
shall inform the court, in writing, of its determination. If the 770
court determines that neither the obligor nor the obligee has 771
satisfactory health insurance coverage for the children, it shall 772
modify the child support order in accordance with section 774
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 777
file a motion with the court that issued the order requesting the 778
court to modify the amount of child support required to be paid 779
under the order because that amount does not adequately cover the 780
medical needs of the child. Upon the filing of such a motion, 781
the court shall determine whether the amount of child support 782
required to be paid under the order adequately covers the medical 783
needs of the child and whether to modify the order, in accordance 784
with division (B)(4) of section 3113.215 of the Revised Code. 785
(e) Whenever a court modifies, reviews, or otherwise 787
reconsiders a child support order, it may reconsider which parent 788
may claim the children who are the subject of the child support 789
order as dependents for federal income tax purposes as set forth 790
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 791
2085, 26 U.S.C. 1, as amended, and shall issue its determination 792
on this issue as part of the child support order. The court in 793
its order may permit the parent who is not the residential parent 794
and legal custodian to claim the children as dependents for 795
federal income tax purposes only if the payments for child 796
support are current in full as ordered by the court for the year 797
in which the children will be claimed as dependents. If the 798
20
court determines that the parent who is not the residential 799
parent and legal custodian may claim the children as dependents 800
for federal income tax purposes, it shall order the residential 801
parent to take whatever action is necessary pursuant to section 802
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 803
U.S.C. 1, as amended, to enable the parent who is not the 804
residential parent and legal custodian to claim the children as 805
dependents for federal income tax purposes in accordance with the 806
order of the court. Any willful failure of the residential 807
parent to comply with the order of the court is contempt of 808
court. 809
(f) When issuing or modifying a child support order, the 812
court shall include in the order all of the requirements, 813
specifications, and statements described in division (B) of 814
section 3113.218 of the Revised Code. If the obligor or obligee 815
does not request a court hearing on the revised amount of child 816
support determined by the agency and filed with the court 817
pursuant to section 3113.216 of the Revised Code and the court 819
modifies the order to include the revised amount pursuant to 820
division (C)(1)(c)(i) of this section, the modification shall 822
relate back to the first day of the month following the date 823
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 824
Code. If the obligor or obligee requests a court hearing on the 825
revised amount of child support pursuant to this section and 826
section 3113.216 of the Revised Code and the court, after 828
conducting a hearing, modifies the child support amount under the 829
order, the modification shall relate back to the first day of the 831
month following the date certain on which the review of the child 832
support order began pursuant to division (C)(1)(a) of section 833
3113.216 of the Revised Code. 834
(2) In any action in which a support order is issued under 836
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 838
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 839
21
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 840
Code, the court issuing the order also shall conduct a hearing, 841
prior to or at the time of the issuance of the support order, to 842
determine the employment status of the obligor, the obligor's 843
social security number, the name and business address of the 844
obligor's employer, and any other information necessary to enable 845
the court or a child support enforcement agency to issue any 846
withholding or deduction notice described in division (D) of this 847
section or for the court to issue a court order described in 848
division (D)(3) or (4) of this section. The court, prior to the 850
hearing, shall give the obligor notice of the hearing that shall 852
include the date on which the notice is given and notice that the 853
obligor is subject to a requirement for the withholding of a 854
specified amount from income if employed and to one or more other 855
types of withholding or deduction requirements described in 856
division (D) OF THIS SECTION or one or more types of court orders 857
described in division (D)(3) or (4) of this section and that the 860
obligor may present evidence and testimony at the hearing to 861
prove that any of the requirements would not be proper because of 862
a mistake of fact. 863
The court or child support enforcement agency, immediately 865
upon the court's completion of the hearing, shall issue one or 866
more of the types of notices described in division (D) of this 867
section imposing a withholding or deduction requirement, or the 868
court shall issue one or more types of court orders described in 869
division (D)(3) or (4) of this section. 870
(D) If a court or child support enforcement agency is 872
required under division (A), (B), or (C) of this section or any 873
other section of the Revised Code to issue one or more 874
withholding or deduction notices described in this division or 875
court orders described in division (D)(3) or (4) of this section, 877
the court shall issue one or more of the following types of 878
notices or court orders, or the agency shall issue one or more of 879
the following types of notices to pay the support required under 880
22
the support order in question and also, if required by any of 881
those divisions, any other section of the Revised Code, or the 882
court, to pay any arrearages: 883
(1)(a) If the court or the child support enforcement 885
agency determines that the obligor is receiving income from a 887
payor, the court or agency shall require the obligor's payor to 888
withhold from the obligor's income a specified amount for support 891
in satisfaction of the support order, to begin the withholding no 892
later than fourteen working days following the date the notice 894
was mailed to the employer under divisions (A)(2) or (B) and 895
(D)(1)(b) of this section or, if the payor is an employer, no 897
later than the first pay period that occurs after fourteen 898
working days following the date the notice was mailed, to send 899
the amount withheld to the division of child support in the 901
department of human services pursuant to section 5101.325 of the 904
Revised Code, to send that amount to the division immediately but 906
not later than seven days after the date the obligor is paid, and 907
to continue the withholding at intervals specified in the notice 908
until further notice from the court or child support enforcement 909
agency. To the extent possible, the amount specified in the 910
notice to be withheld shall satisfy the amount ordered for 911
support in the support order plus any arrearages that may be owed 912
by the obligor under any prior support order that pertained to 913
the same child or spouse, notwithstanding any applicable 914
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 916
2716.05 of the Revised Code. However, in no case shall the sum 918
of the amount specified in the notice to be withheld and any fee 919
withheld by the payor as a charge for its services exceed the 921
maximum amount permitted under section 303(b) of the "Consumer 922
Credit Protection Act," 15 U.S.C. 1673(b). 923
(b) If the court or agency imposes a withholding 925
requirement under division (D)(1)(a) of this section, it, within 926
the applicable period of time specified in division (A), (B), or 927
(C) of this section, shall send to the obligor's payor by regular 930
23
mail a notice that contains all of the information set forth in 931
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 932
final and is enforceable by the court. The notice shall contain 933
all of the following:
(i) The amount to be withheld from the obligor's income 935
and a statement that the amount actually withheld for support and 937
other purposes, including the fee described in division 938
(D)(1)(b)(xi) of this section, shall not be in excess of the 939
maximum amounts permitted under section 303(b) of the "Consumer 940
Credit Protection Act," 15 U.S.C. 1673(b); 941
(ii) A statement that the payor is required to send the 944
amount withheld to the division of child support immediately, but 946
not later than seven working days, after the obligor is paid and 948
is required to report to the agency the date on which the amount 949
was withheld from the obligor's income; 950
(iii) A statement that the withholding is binding upon the 952
payor until further notice from the agency; 953
(iv) A statement that if the payor is an employer, the 956
payor is subject to a fine to be determined under the law of this 957
state for discharging the obligor from employment, refusing to 958
employ the obligor, or taking any disciplinary action against the 959
obligor because of the withholding requirement; 960
(v) A statement that, if the payor fails to withhold 962
income in accordance with the provisions of the notice, the payor 964
is liable for the accumulated amount the payor should have 966
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 968
the notice and under the provisions of this section has priority 969
over any other legal process under the law of this state against 970
the same income; 971
(vii) The date on which the notice was mailed and a 973
statement that the payor is required to implement the withholding 975
no later than fourteen working days following the date the notice 976
was mailed or, if the payor is an employer, no later than the 977
24
first pay period that occurs after fourteen working days 978
following the date the notice was mailed and is required to 979
continue the withholding at the intervals specified in the 980
notice;
(viii) A requirement that the payor promptly notify the 982
child support enforcement agency, in writing, within ten working 983
days after the date of any situation that occurs including 985
termination of employment, layoff of the obligor from employment, 986
any leave of absence of the obligor from employment without pay, 987
termination of workers' compensation benefits, or termination of 988
any pension, annuity, allowance, or retirement benefit, in which 990
the payor ceases to pay income in an amount sufficient to comply 993
with the order to the obligor, provide the agency with the 994
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 996
any new employer's or income source's name, address, and 997
telephone number, if known; 998
(ix) A requirement that, if the payor is an employer, THE 1,001
PAYOR identify in the notification given under division 1,002
(D)(1)(b)(viii) of this section any types of benefits other than 1,003
personal earnings that the obligor is receiving or is eligible to 1,004
receive as a benefit of employment or as a result of the 1,005
obligor's termination of employment, including, but not limited 1,006
to, unemployment compensation, workers' compensation benefits, 1,007
severance pay, sick leave, lump-sum payments of retirement 1,008
benefits or contributions, and bonuses or profit-sharing payments 1,009
or distributions, and the amount of such benefits, and include in 1,010
the notification the obligor's last known address and telephone 1,011
number, date of birth, social security number, and court case 1,012
number and, if known, the name and business address of any new 1,013
employer of the obligor;
(x) A requirement that, no later than the earlier of 1,015
forty-five days before the lump-sum payment is to be made or, if 1,016
the obligor's right to the lump-sum payment is determined less 1,017
25
than forty-five days before it is to be made, the date on which 1,018
that determination is made, the payor notify the child support 1,020
enforcement agency of any lump-sum payments of any kind of one 1,022
hundred fifty dollars or more that are to be paid to the obligor, 1,023
hold the lump-sum payments of one hundred fifty dollars or more 1,025
for thirty days after the date on which the lump-sum payments 1,026
otherwise would have been paid to the obligor and, upon order of 1,028
the court, pay any specified amount of the lump-sum payment to 1,029
the division of child support;
(xi) A statement that, in addition to the amount withheld 1,031
for support, the payor may withhold a fee from the obligor's 1,033
income as a charge for its services in complying with the notice 1,036
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 1,038
division (D)(1)(b) of this section to the obligor and shall 1,039
attach to the notice an additional notice requiring the obligor 1,040
immediately to notify the child support enforcement agency, in 1,041
writing, of any change in the obligor's income source and of the 1,042
availability of any other sources of income that can be the 1,044
subject of any withholding or deduction requirement described in 1,045
division (D) of this section. The court or agency shall serve 1,046
the notices upon the obligor at the same time as service of the 1,047
support order or, if the support order previously has been 1,048
issued, shall send the notices to the obligor by regular mail at 1,049
the last known address at the same time that it sends the notice 1,050
described in division (D)(1)(b) of this section to the payor. 1,051
The notification required of the obligor shall include a 1,052
description of the nature of any new employment or income source, 1,053
the name, business address, and telephone number of any new 1,054
employer or income source, and any other information reasonably 1,056
required by the court. No obligor shall fail to give the 1,057
notification required by division (D)(1)(c) of this section. 1,058
(2)(a) If the court or child support enforcement agency 1,060
determines that the obligor has funds on deposit in any account 1,061
26
in a financial institution under the jurisdiction of the court, 1,062
the court or agency may require any financial institution in 1,063
which the obligor's funds are on deposit to deduct from the 1,064
obligor's account a specified amount for support in satisfaction 1,065
of the support order, to begin the deduction no later than 1,066
fourteen working days following the date the notice was mailed to 1,067
the financial institution under divisions (A)(2) or (B) and 1,068
(D)(2)(b) of this section, to send the amount deducted to the 1,070
division of child support in the department of human services 1,071
pursuant to section 5101.325 of the Revised Code, to send that 1,073
amount to the division immediately but not later than seven 1,075
working days after the date the latest deduction was made, to 1,076
provide the date on which the amount was deducted, and to 1,077
continue the deduction at intervals specified in the notice until 1,078
further notice from the court or child support enforcement 1,079
agency. To the extent possible, the amount specified in the 1,081
notice to be deducted shall satisfy the amount ordered for 1,082
support in the support order plus any arrearages that may be owed 1,083
by the obligor under any prior support order that pertained to 1,084
the same child or spouse, notwithstanding the limitations of 1,085
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 1,086
(b) If the court or agency imposes a withholding 1,088
requirement under division (D)(2)(a) of this section, it, within 1,090
the applicable period of time specified in division (A), (B), or 1,091
(C) of this section, shall send to the financial institution by 1,092
regular mail a notice that contains all of the information set 1,093
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 1,095
notice is final and is enforceable by the court. The notice 1,096
shall contain all of the following: 1,097
(i) The amount to be deducted from the obligor's account; 1,099
(ii) A statement that the financial institution is 1,101
required to send the amount deducted to the division of child 1,102
support immediately, but not later than seven working days, after 1,105
the date the last deduction was made and is required to report to 1,106
27
the child support enforcement agency the date on which the amount 1,107
was deducted from the obligor's account; 1,108
(iii) A statement that the deduction is binding upon the 1,110
financial institution until further notice from the court or 1,111
agency; 1,112
(iv) A statement that the withholding in accordance with 1,114
the notice and under the provisions of this section has priority 1,115
over any other legal process under the law of this state against 1,116
the same account; 1,117
(v) The date on which the notice was mailed and a 1,119
statement that the financial institution is required to implement 1,120
the deduction no later than fourteen working days following the 1,121
date the notice was mailed and is required to continue the 1,122
deduction at the intervals specified in the notice; 1,123
(vi) A requirement that the financial institution promptly 1,125
notify the child support enforcement agency, in writing, within 1,126
ten days after the date of any termination of the account from 1,127
which the deduction is being made and notify the agency, in 1,128
writing, of the opening of a new account at that financial 1,129
institution, the account number of the new account, the name of 1,130
any other known financial institutions in which the obligor has 1,131
any accounts, and the numbers of those accounts; 1,132
(vii) A requirement that the financial institution include 1,134
in all notices the obligor's last known mailing address, last 1,135
known residence address, and social security number; 1,136
(viii) A statement that, in addition to the amount 1,138
deducted for support, the financial institution may deduct a fee 1,139
from the obligor's account as a charge for its services in 1,140
complying with the notice and a specification of the amount that 1,141
may be deducted. 1,142
(c) The court or agency shall send the notice described in 1,144
division (D)(2)(b) of this section to the obligor and shall 1,145
attach to the notice an additional notice requiring the obligor 1,146
immediately to notify the child support enforcement agency, in 1,147
28
writing, of any change in the status of the account from which 1,148
the amount of support is being deducted or the opening of a new 1,149
account with any financial institution, of commencement of 1,150
employment, including self-employment, or of the availability of 1,151
any other sources of income that can be the subject of any 1,152
withholding or deduction requirement described in division (D) of 1,153
this section. The court or agency shall serve the notices upon 1,154
the obligor at the same time as service of the support order or, 1,155
if the support order previously has been issued, shall send the 1,156
notices to the obligor by regular mail at the last known address 1,157
at the same time that it sends the notice described in division 1,158
(D)(2)(b) of this section to the financial institution. The 1,160
additional notice also shall specify that upon commencement of 1,162
employment, the obligor may request the court or child support 1,163
enforcement agency to cancel its financial institution account 1,164
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 1,166
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 1,167
institution account deduction notice under division (D)(2)(b) of 1,169
this section and instead will issue a notice requiring the 1,170
withholding of an amount from personal earnings for support in 1,172
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 1,173
of the nature of any new accounts opened at a financial 1,174
institution under the jurisdiction of the court, the name and 1,175
business address of that financial institution, a description of 1,176
the nature of any new employment or income source, the name, 1,177
business address, and telephone number of any new employer or 1,179
income source, and any other information reasonably required by 1,181
the court.
(3) The court may issue an order requiring the obligor to 1,183
enter into a cash bond with the court. The court shall issue the 1,184
order as part of the support order or, if the support order 1,185
29
previously has been issued, as a separate order. Any cash bond 1,186
so required shall be in a sum fixed by the court at not less than 1,187
five hundred nor more than ten thousand dollars, conditioned that 1,188
the obligor will make payment as previously ordered and will pay 1,189
any arrearages under any prior support order that pertained to 1,190
the same child or spouse. The order, along with an additional 1,191
order requiring the obligor to immediately notify the child 1,192
support enforcement agency, in writing, if the obligor begins to 1,193
receive income from a payor, shall be attached to, and shall be 1,195
served upon the obligor at the same time as service of, the 1,196
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 1,197
this division. The additional order also shall specify that when 1,198
the obligor begins to receive income from a payor the obligor may 1,200
request the court to cancel its bond order and instead issue a 1,201
notice requiring the withholding of an amount from income for 1,204
support in accordance with division (D)(1) of this section and 1,205
that when the obligor begins to receive income from a payor the 1,206
court will proceed to collect on the bond, if the court 1,207
determines that payments due under the support order have not 1,208
been made and that the amount that has not been paid is at least 1,209
equal to the support owed for one month under the support order, 1,210
and will issue a notice requiring the withholding of an amount 1,211
from income for support in accordance with division (D)(1) of 1,214
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 1,215
name and business address of any new employer, and any other 1,216
information reasonably required by the court. 1,217
The court shall not order an obligor to post a cash bond 1,219
under this division unless the court determines that the obligor 1,220
has the ability to do so. A child support enforcement agency 1,221
shall not issue an order of the type described in this division. 1,222
If a child support enforcement agency is required to issue a 1,223
withholding or deduction notice under division (D) of this 1,224
30
section but the agency determines that no notice of the type 1,225
described in division (D)(1) or (2) of this section would be 1,227
appropriate, the agency may request the court to issue a court 1,228
order under this division, and, upon the request, the court may 1,229
issue an order as described in this division. 1,230
(4) If the obligor is unemployed, has no income, and does 1,232
not have an account at any financial institution, or on request 1,233
of a child support enforcement agency made under section 3111.231 1,234
of the Revised Code, the court shall issue an order requiring the 1,236
obligor, if able to engage in employment, to seek employment or 1,237
participate in a work activity to which a recipient of assistance 1,238
under Title IV-A of the "Social Security Act," 49 Stat. 620 1,239
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 1,240
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 1,241
607(d), as amended. The court shall include in the order a 1,243
requirement that the obligor notify the child support enforcement 1,244
agency upon obtaining employment, upon obtaining any income, or 1,245
upon obtaining ownership of any asset with a value of five 1,246
hundred dollars or more. The court may issue the order 1,247
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 1,248
"Social Security Act." The court shall issue the order as part 1,250
of a support order or, if a support order previously has been 1,252
issued, as a separate order. If a child support enforcement 1,254
agency is required to issue a withholding or deduction notice 1,255
under division (D) of this section but the agency determines that 1,256
no notice of the type described in division (D)(1) or (2) of this 1,257
section would be appropriate, the agency may request the court to 1,259
issue a court order under division (D)(4) of this section, and, 1,260
upon the request, the court may issue an order as described in 1,262
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 1,265
the child support enforcement agency of the county in which the 1,266
obligor resides shall oversee the obligor's participation in 1,267
31
accordance with rules the department of human services shall 1,268
adopt in accordance with Chapter 119. of the Revised Code. A 1,269
child support enforcement agency may contract with one or more 1,270
governmental agencies or persons to carry out some or all of its 1,271
oversight duties. 1,272
(E) If a court or child support enforcement agency is 1,274
required under division (A), (B), or (C) of this section or any 1,275
other section of the Revised Code to issue one or more notices or 1,276
court orders described in division (D) of this section, the court 1,277
or agency to the extent possible shall issue a sufficient number 1,278
of notices or court orders under division (D) of this section to 1,279
provide that the aggregate amount withheld or deducted under 1,280
those notices or court orders satisfies the amount ordered for 1,281
support in the support order plus any arrearages that may be owed 1,282
by the obligor under any prior support order that pertained to 1,283
the same child or spouse, notwithstanding any applicable 1,284
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 1,286
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 1,288
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 1,290
and any fees withheld pursuant to the notice as a charge for 1,291
services exceed the maximum amount permitted under section 303(b) 1,292
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 1,293
(F)(1) Any withholding or deduction requirement that is 1,295
contained in a notice described in division (D) of this section 1,296
and that is required to be issued by division (A), (B), or (C) of 1,297
this section or any other section of the Revised Code has 1,298
priority over any order of attachment, any order in aid of 1,299
execution, and any other legal process issued under state law 1,300
against the same earnings, payments, or account. 1,301
(2) When a payor receives two or more withholding notices 1,303
that are described in division (D)(1) of this section and that 1,305
are required to be issued by division (A), (B), or (C) of this 1,306
section or any other section of the Revised Code, the payor shall 1,309
32
comply with all of the requirements contained in the notices to 1,310
the extent that the total amount withheld from the obligor's 1,311
income does not exceed the maximum amount permitted under section 1,313
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1,314
1673(b), withhold amounts in accordance with the allocation set 1,315
forth in divisions (F)(2)(a) and (b) of this section, notify each 1,316
court or child support enforcement agency that issued one of the 1,317
notices of the allocation, and give priority to amounts 1,318
designated in each notice as current support in the following 1,319
manner:
(a) If the total of the amounts designated in the notices 1,321
as current support exceeds the amount available for withholding 1,322
under section 303(b) of the "Consumer Credit Protection Act," 15 1,323
U.S.C. 1673(b), the payor shall allocate to each notice an amount 1,324
for current support equal to the amount designated in that notice 1,326
as current support multiplied by a fraction in which the 1,327
numerator is the amount of income available for withholding and 1,328
the denominator is the total amount designated in all of the 1,329
notices as current support.
(b) If the total of the amounts designated in the notices 1,331
as current support does not exceed the amount available for 1,332
withholding under section 303(b) of the "Consumer Credit 1,333
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 1,335
the amounts designated as current support in the notices and 1,336
shall allocate to each notice an amount for past-due support 1,337
equal to the amount designated in that notice as past-due support 1,338
multiplied by a fraction in which the numerator is the amount of 1,339
income remaining available for withholding after the payment of 1,341
current support and the denominator is the total amount 1,342
designated in all of the notices as past-due support. 1,343
(G)(1) Except when a provision specifically authorizes or 1,345
requires service other than as described in this division, 1,346
service of any notice on any party, a financial institution, or 1,348
payor, for purposes of division (A), (B), (C), or (D) of this 1,350
33
section, shall be made by ordinary first class mail directed to 1,351
the addressee at the last known address, or, in the case of a 1,352
corporation, at its usual place of doing business. A notice 1,353
shall be considered to have been served when it is mailed. 1,354
(2) Each party to a support order shall notify the child 1,356
support enforcement agency of the party's current mailing 1,357
address, current residence address, current residence telephone 1,359
number, and current driver's license number, at the time of the 1,360
issuance or modification of the order and, until further notice 1,361
of the court that issues the order, shall notify the agency of 1,362
any change in that information immediately after the change 1,363
occurs. Any willful failure to comply with this division is 1,365
contempt of court. No person shall fail to give the notice 1,366
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 1,368
order, that is subject to this section shall contain a notice 1,370
that states the following in boldfaced type and in all capital 1,371
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 1,374
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 1,375
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 1,376
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 1,377
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 1,378
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 1,379
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 1,380
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 1,381
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 1,383
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 1,384
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 1,386
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 1,387
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 1,389
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 1,390
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 1,391
34
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 1,393
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 1,394
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 1,395
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 1,396
(4)(a) The parent who is the residential parent and legal 1,398
custodian of a child for whom a support order is issued or the 1,399
person who otherwise has custody of a child for whom a support 1,400
order is issued immediately shall notify, and the obligor under a 1,401
support order may notify, the child support enforcement agency of 1,402
any reason for which the support order should terminate, 1,403
including, but not limited to, the child's attainment of the age 1,404
of majority if the child no longer attends an accredited high 1,405
school on a full-time basis and the support order does not 1,406
provide for the duty of support to continue past the age of 1,407
majority; the child ceasing to attend such a high school on a 1,408
full-time basis after attaining the age of majority, if the 1,410
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 1,411
emancipation, enlistment in the armed services, deportation, or 1,412
change of legal or physical custody of the child. A willful 1,413
failure to notify the child support enforcement agency as 1,414
required by this division is contempt of court. Upon receipt of 1,415
a notice pursuant to this division, the agency immediately shall 1,416
conduct an investigation to determine if any reason exists for 1,417
which the support order should terminate. The agency may conduct 1,418
such an investigation regardless of whether it received notice 1,419
under this division. If the agency determines the order should 1,420
terminate, it immediately shall notify the court that issued the 1,421
support order of the reason for which the support order should 1,422
terminate.
(b) Upon receipt of a notice given pursuant to division 1,424
(G)(4)(a) of this section, the court shall order the division of 1,425
child support to impound any funds received for the child 1,427
35
pursuant to the support order and the court shall set the case 1,429
for a hearing for a determination of whether the support order 1,430
should be terminated or modified or whether the court should take 1,431
any other appropriate action.
(c) If the court terminates a support order pursuant to 1,433
divisions (G)(4)(a) and (b) of this section, the termination of 1,434
the support order also terminates any withholding or deduction 1,435
order as described in division (D) or (H) of this section issued 1,436
prior to December 31, 1993, and any withholding or deduction 1,438
notice as described in division (D) OF THIS SECTION or court 1,439
order as described in division (D)(3), (D)(4), or (H) of this 1,440
section issued on or after December 31, 1993. Upon the 1,441
termination of any withholding or deduction order or any 1,442
withholding or deduction notice, the court immediately shall 1,443
notify the appropriate child support enforcement agency that the 1,444
order or notice has been terminated, and the agency immediately 1,445
shall notify each payor or financial institution required to 1,446
withhold or deduct a sum of money for the payment of support 1,448
under the terminated withholding or deduction order or notice 1,450
that the order or notice has been terminated and that it is 1,451
required to cease all withholding or deduction under the order or 1,452
notice.
(d) The department of human services shall adopt rules 1,455
that provide for both of the following: 1,456
(i) The return to the appropriate person of any funds that 1,458
a court has ordered impounded under division (G)(4)(b) of this 1,459
section if the support order under which the funds were paid has 1,460
been terminated pursuant to divisions (G)(4)(a) and (b) of this 1,461
section; 1,462
(ii) The return to the appropriate person of any other 1,464
payments made pursuant to a support order if the payments were 1,465
made at any time after the support order under which the funds 1,466
were paid has been terminated pursuant to divisions (G)(4)(a) and 1,467
(b) of this section. 1,468
36
(5) If any party to a support order requests a 1,470
modification of the order or if any obligee under a support order 1,471
or any person on behalf of the obligee files any action to 1,472
enforce a support order, the court shall notify the child support 1,473
enforcement agency that is administering the support order or 1,474
that will administer the order after the court's determination of 1,475
the request or the action, of the request or the filing. 1,476
(6) When a child support enforcement agency receives any 1,478
notice under division (G) of section 2151.23, section 2301.37, 1,479
division (E) of section 3105.18, division (C) of section 3105.21, 1,480
division (A) of section 3109.05, division (F) of section 3111.13, 1,481
division (B) of section 3113.04, section 3113.21, section 1,482
3113.211, section 3113.212, division (K) of section 3113.31, or 1,483
division (C)(3) of section 3115.31 of the Revised Code, it shall 1,485
issue the most appropriate notices under division (D) of this 1,486
section. Additionally, it shall do all of the following: 1,487
(a) If the obligor is subject to a withholding notice 1,489
issued under division (D)(1) of this section and the notice 1,490
relates to the obligor's change of employment, send a withholding 1,491
notice under that division to the new employer of the obligor as 1,492
soon as the agency obtains knowledge of that employer; 1,493
(b) If the notification received by the agency specifies 1,495
that a lump-sum payment of one hundred fifty dollars or more is 1,497
to be paid to the obligor, notify the court of the receipt of the 1,498
notice and its contents. The agency may notify the court if the 1,500
notification specifies that a lump-sum payment of less than one 1,501
hundred fifty dollars is to be paid to the obligor. 1,502
(c) Comply with section 3113.212 of the Revised Code, as 1,504
appropriate. 1,505
(H)(1)(a) For purposes of division (D)(1) of this section, 1,507
when a person who fails to comply with a support order that is 1,508
subject to that division derives income from self-employment or 1,509
commission, is employed by an employer not subject to the 1,510
jurisdiction of the court, or is in any other employment 1,511
37
situation that makes the application of that division 1,512
impracticable, the court may require the person to enter into a 1,513
cash bond to the court in a sum fixed by the court at not less 1,514
than five hundred nor more than ten thousand dollars, conditioned 1,515
that the person will make payment as previously ordered. 1,516
(b) When a court determines at a hearing conducted under 1,518
division (B) of this section, or a child support enforcement 1,519
agency determines at a hearing or pursuant to an investigation 1,520
conducted under division (B) of this section, that the obligor 1,521
under the order in relation to which the hearing or investigation 1,522
is conducted is unemployed and has no other source of income and 1,523
no assets so that the application of divisions (B) and (D) of 1,524
this section would be impracticable, the court shall issue an 1,525
order as described in division (D)(4) of this section and shall 1,527
order the obligor to notify the child support enforcement agency 1,528
in writing immediately of the receipt of any source of income or 1,530
of the opening of an account in a financial institution, and to 1,531
include in the notification a description of the nature of the 1,532
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 1,533
information reasonably required by the court. 1,534
(2) When a court determines, at a hearing conducted under 1,536
division (C)(2) of this section, that an obligor is unemployed, 1,537
is not receiving workers' compensation payments, does not have an 1,538
account in a financial institution, and has no other source of 1,539
income and no assets so that the application of divisions (C)(2) 1,540
and (D) of this section would be impracticable, the court shall 1,541
issue an order as described in division (D)(4) of this section 1,542
and shall order the obligor to notify the child support 1,543
enforcement agency, in writing, immediately of the receipt of any 1,544
source of income or of the opening of an account in a financial 1,545
institution, and to include in the notification a description of 1,546
the nature of the employment or income source, the name, business 1,547
address, and telephone number of the employer or income source or 1,549
38
the name, address, and telephone number of the financial 1,550
institution, and any other information reasonably required by the 1,551
court. 1,552
(3)(a) Upon receipt of a notice from a child support 1,554
enforcement agency under division (G)(6) of this section that a 1,555
lump-sum payment is to be paid to the obligor, the court shall do 1,557
either of the following:
(i) If the obligor is in default under the support order 1,559
or has any unpaid arrearages under the support order, issue an 1,560
order requiring the transmittal of the lump-sum payment to the 1,561
division of child support. 1,562
(ii) If the obligor is not in default under the support 1,564
order and does not have any unpaid arrearages under the support 1,565
order, issue an order directing the person who gave the notice to 1,566
the court to immediately pay the full amount of the lump-sum 1,567
payment to the obligor. 1,568
(b) Upon receipt of any moneys pursuant to division 1,570
(H)(3)(a) of this section, the division of child support shall 1,572
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 1,573
within two business days after its receipt of the money, any 1,574
amount that is remaining after the payment of the arrearages to 1,575
the obligor. 1,576
(c) Any court that issued an order prior to December 1, 1,578
1986, requiring an employer to withhold an amount from an 1,579
obligor's personal earnings for the payment of support shall 1,580
issue a supplemental order that does not change the original 1,581
order or the related support order requiring the employer to do 1,582
all of the following: 1,583
(i) No later than the earlier of forty-five days before a 1,585
lump-sum payment is to be made or, if the obligor's right to a 1,586
lump-sum payment is determined less than forty-five days before 1,587
it is to be made, the date on which that determination is made, 1,588
notify the child support enforcement agency of any lump-sum 1,589
39
payment of any kind of one hundred fifty dollars or more that is 1,591
to be paid to the obligor; 1,592
(ii) Hold the lump-sum payment for thirty days after the 1,594
date on which it would otherwise be paid to the obligor, if the 1,595
lump-sum payment is sick pay, a lump-sum payment of retirement 1,596
benefits or contributions, or profit-sharing payments or 1,597
distributions; 1,598
(iii) Upon order of the court, pay any specified amount of 1,600
the lump-sum payment to the division of child support. 1,601
(d) If an employer knowingly fails to notify the child 1,603
support enforcement agency in accordance with division (D) of 1,604
this section of any lump-sum payment to be made to an obligor, 1,605
the employer is liable for any support payment not made to the 1,606
obligee as a result of its knowing failure to give the notice as 1,607
required by that division. 1,608
(I)(1) Any support order, or modification of a support 1,610
order, that is subject to this section shall contain the date of 1,611
birth and social security number of the obligor. 1,612
(2) No withholding or deduction notice described in 1,614
division (D) OF THIS SECTION or court order described in division 1,615
(D)(3) or (4) of this section shall contain any information other 1,617
than the information specifically required by division (A), (B), 1,618
(C), or (D) of this section or by any other section of the 1,619
Revised Code and any additional information that the issuing 1,620
court determines may be necessary to comply with the notice. 1,621
(J) No withholding or deduction notice described in 1,623
division (D) OF THIS SECTION or court order described in division 1,624
(D)(3) or (4) of this section and issued under division (A), (B), 1,626
or (C) of this section or any other section of the Revised Code 1,627
shall be terminated solely because the obligor pays any part or 1,628
all of the arrearages under the support order. 1,629
(K)(1) Except as provided in division (K)(2) of this 1,631
section and section 2301.42 of the Revised Code and the rules 1,632
adopted pursuant to division (C) of that section, if child 1,633
40
support arrearages are owed by an obligor to the obligee and to 1,634
the department of human services, any payments received on the 1,635
arrearages by the division of child support first shall be paid 1,637
to the obligee until the arrearages owed to the obligee are paid
in full. 1,638
(2) Division (K)(1) of this section does not apply to the 1,640
collection of past-due child support from refunds of paid federal 1,641
taxes pursuant to section 5101.32 of the Revised Code or of 1,642
overdue child support from refunds of paid state income taxes 1,643
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 1,644
(L)(1) Each court with jurisdiction to issue support 1,646
orders or orders establishing the existence or nonexistence of a 1,647
parent and child relationship shall establish rules of court to 1,648
ensure that the following percentage of all actions to establish 1,649
the existence or nonexistence of a parent and child relationship, 1,650
to establish a support requirement, or to modify a previously 1,651
issued support order be completed within the following time 1,652
limits:
(a) Seventy-five per cent of all of the actions shall be 1,654
completed within six months after they were initially filed; 1,656
(b) Ninety per cent of all of the actions shall be 1,658
completed within twelve months after they were initially filed. 1,660
(2) If a case involves complex legal issues requiring full 1,662
judicial review, the court shall issue a temporary support order 1,663
within the time limits set forth in division (L)(1) of this 1,664
section, which temporary order shall be in effect until a final 1,665
support order is issued in the case. All cases in which the 1,666
imposition of a notice or order under division (D) of this 1,667
section is contested shall be completed within the period of time 1,668
specified by law for completion of the case. The failure of a 1,669
court to complete a case within the required period does not 1,670
affect the ability of any court to issue any order under this 1,671
section or any other section of the Revised Code for the payment 1,672
of support, does not provide any defense to any order for the 1,673
41
payment of support that is issued under this section or any other 1,674
section of the Revised Code, and does not affect any obligation 1,675
to pay support. 1,676
(3)(a) In any Title IV-D case, the judge, when necessary 1,678
to satisfy the federal requirement of expedited process for 1,679
obtaining and enforcing support orders, shall appoint magistrates 1,681
to make findings of fact and recommendations for the judge's 1,682
approval in the case. All magistrates appointed pursuant to this 1,684
division shall be attorneys admitted to the practice of law in 1,685
this state. If the court appoints a magistrate pursuant to this 1,686
division, the court may appoint any additional administrative and 1,687
support personnel for the magistrate. 1,688
(b) Any magistrate appointed pursuant to division 1,690
(L)(3)(a) of this section may perform any of the following 1,692
functions:
(i) The taking of testimony and keeping of a record in the 1,694
case; 1,695
(ii) The evaluation of evidence and the issuance of 1,697
recommendations to establish, modify, and enforce support orders; 1,698
(iii) The acceptance of voluntary acknowledgments of 1,700
support liability and stipulated agreements setting the amount of 1,701
support to be paid; 1,702
(iv) The entering of default orders if the obligor does 1,704
not respond to notices in the case within a reasonable time after 1,705
the notices are issued; 1,706
(v) Any other functions considered necessary by the court. 1,708
(4) The child support enforcement agency may conduct 1,710
administrative reviews of support orders to obtain voluntary 1,711
notices or court orders under division (D) of this section and to 1,712
correct any errors in the amount of any arrearages owed by an 1,713
obligor. The obligor and the obligee shall be notified of the 1,714
time, date, and location of the administrative review at least 1,715
fourteen days before it is held. 1,716
(M)(1) The termination of a support obligation or a 1,718
42
support order does not abate the power of any court to collect 1,719
overdue and unpaid support or to punish any person for a failure 1,721
to comply with an order of the court or to pay any support as 1,722
ordered in the terminated support order and does not abate the 1,723
authority of a child support enforcement agency to issue, in 1,724
accordance with this section, any notice described in division 1,725
(D) of this section or of a court to issue, in accordance with 1,726
this section, any court order as described in division (D)(3) or 1,727
(4) of this section to collect any support due or arrearage under 1,728
the support order. 1,730
(2) Any court that has the authority to issue a support 1,732
order shall have all powers necessary to enforce that support 1,733
order, and all other powers, set forth in this section. 1,734
(3) Except as provided in division (M)(4) of this section, 1,736
a court may not retroactively modify an obligor's duty to pay a 1,737
delinquent support payment. 1,738
(4) A court with jurisdiction over a support order may 1,740
modify an obligor's duty to pay a support payment that becomes 1,741
due after notice of a petition to modify the support order has 1,742
been given to each obligee and to the obligor before a final 1,743
order concerning the petition for modification is entered. 1,744
(N) If an obligor is in default under a support order and 1,746
has a claim against another person of more than one thousand 1,747
dollars, the obligor shall notify the child support enforcement 1,748
agency of the claim, the nature of the claim, and the name of the 1,749
person against whom the claim exists. If an obligor is in 1,750
default under a support order and has a claim against another 1,751
person or is a party in an action for any judgment, the child 1,752
support enforcement agency or the agency's attorney, on behalf of 1,753
the obligor, immediately shall file with the court in which the 1,754
action is pending a motion to intervene in the action or a 1,755
creditor's bill. The motion to intervene shall be prepared and 1,756
filed pursuant to Civil Rules 5 and 24(A) and (C). 1,757
Nothing in this division shall preclude an obligee from 1,759
43
filing a motion to intervene in any action or a creditor's bill. 1,760
(O) If an obligor is receiving unemployment compensation 1,762
benefits, an amount may be deducted from those benefits for 1,763
purposes of child support, in accordance with section SECTIONS 1,764
2301.371 and division (D)(4) of section 4141.28 4141.282 of the 1,766
Revised Code. Any deduction from a source in accordance with 1,768
those provisions is in addition to, and does not preclude, any 1,769
withholding or deduction for purposes of support under divisions 1,770
(A) to (N) of this section. 1,771
(P) As used in this section, and in sections 3113.211 to 1,773
3113.219 of the Revised Code: 1,774
(1) "Financial institution" means a bank, savings and loan 1,776
association, or credit union, or a regulated investment company 1,777
or mutual fund in which a person who is required to pay child 1,778
support has funds on deposit that are not exempt under the law of 1,779
this state or the United States from execution, attachment, or 1,780
other legal process. 1,781
(2) "Title IV-D case" means any case in which the child 1,783
support enforcement agency is enforcing the child support order 1,784
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 1,785
2351 (1975), 42 U.S.C. 651, as amended. 1,786
(3) "Obligor" means the person who is required to pay 1,788
support under a support order. 1,789
(4) "Obligee" means the person who is entitled to receive 1,791
the support payments under a support order. 1,792
(5) "Support order" means an order for the payment of 1,794
support and, for orders issued or modified on or after December 1,795
31, 1993, includes any notices described in division (D) or (H) 1,796
of this section that are issued in accordance with this section. 1,797
(6) "Support" means child support, spousal support, and 1,799
support for a spouse or former spouse. 1,800
(7) "Personal earnings" means compensation paid or payable 1,802
for personal services, however denominated, and includes, but is 1,803
not limited to, wages, salary, commissions, bonuses, draws 1,804
44
against commissions, profit sharing, and vacation pay. 1,805
(8) "Default" has the same meaning as in section 2301.34 1,807
of the Revised Code. 1,808
(9) "Payor" means any person or entity that pays or 1,811
distributes income to an obligor, including the obligor, if the 1,812
obligor is self-employed; an employer; an employer that is paying 1,813
the obligor's workers' compensation benefits; the public 1,814
employees retirement board; the board of trustees, or other 1,815
governing entity of a municipal retirement system; the board of 1,816
trustees of the Ohio police and fire pension fund; the state 1,817
teachers retirement board; the school employees retirement board; 1,819
the state highway patrol retirement board; the bureau of workers' 1,820
compensation; or any other person or entity, except the bureau of 1,822
employment services with respect to unemployment compensation 1,823
benefits paid pursuant to Chapter 4141. of the Revised Code.
(Q) As used in this section, "income" means any form of 1,826
monetary payment, including personal earnings; workers' 1,827
compensation payments; unemployment compensation benefits to the 1,829
extent permitted by, and in accordance with, section SECTIONS 1,830
2301.371 of the Revised Code, division (D)(4) of section 4141.28 1,831
AND 4141.282 of the Revised Code, and federal law governing the 1,833
bureau of employment services; pensions; annuities; allowances; 1,834
private or governmental retirement benefits; disability or sick 1,835
pay; insurance proceeds; lottery prize awards; federal, state, or 1,836
local government benefits to the extent that the benefits can be 1,837
withheld or deducted under the law governing the benefits; any 1,838
form of trust fund or endowment; lump-sum payments; and any other 1,839
payment in money. 1,840
Sec. 4141.01. As used in this chapter, unless the context 1,849
otherwise requires: 1,850
(A)(1) "Employer" means the state, its instrumentalities, 1,852
its political subdivisions and their instrumentalities, and any 1,853
individual or type of organization including any partnership, 1,854
limited liability company, association, trust, estate, 1,855
45
joint-stock company, insurance company, or corporation, whether 1,857
domestic or foreign, or the receiver, trustee in bankruptcy, 1,858
trustee, or the successor thereof, or the legal representative of 1,859
a deceased person who subsequent to December 31, 1971, or in the 1,860
case of political subdivisions or their instrumentalities, 1,861
subsequent to December 31, 1973: 1,862
(a) Had in employment at least one individual, or in the 1,864
case of a nonprofit organization, subsequent to December 31, 1,865
1973, had not less than four individuals in employment for some 1,866
portion of a day in each of twenty different calendar weeks, in 1,867
either the current or the preceding calendar year whether or not 1,868
the same individual was in employment in each such day; or 1,869
(b) Except for a nonprofit organization, had paid for 1,871
service in employment wages of fifteen hundred dollars or more in 1,872
any calendar quarter in either the current or preceding calendar 1,873
year; or 1,874
(c) Had paid, subsequent to December 31, 1977, for 1,876
employment in domestic service in a local college club, or local 1,877
chapter of a college fraternity or sorority, cash remuneration of 1,878
one thousand dollars or more in any calendar quarter in the 1,879
current calendar year or the preceding calendar year, or had paid 1,880
subsequent to December 31, 1977, for employment in domestic 1,881
service in a private home cash remuneration of one thousand 1,882
dollars in any calendar quarter in the current calendar year or 1,884
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 1,886
this section, there shall not be taken into account any wages 1,887
paid to, or employment of, an individual performing domestic 1,888
service as described in this division. 1,889
(ii) An employer under this division shall not be an 1,891
employer with respect to wages paid for any services other than 1,892
domestic service unless the employer is also found to be an 1,893
employer under division (A)(1)(a), (b), or (d) of this section. 1,894
(d) As a farm operator or a crew leader subsequent to 1,896
46
December 31, 1977, had in employment individuals in agricultural 1,897
labor; and 1,898
(i) During any calendar quarter in the current calendar 1,900
year or the preceding calendar year, paid cash remuneration of 1,901
twenty thousand dollars or more for the agricultural labor; or 1,902
(ii) Had at least ten individuals in employment in 1,904
agricultural labor, not including agricultural workers who are 1,905
aliens admitted to the United States to perform agricultural 1,906
labor pursuant to sections 214(e) and 101(a)(15)(H) of the 1,908
"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1,909
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 1,911
twenty different calendar weeks, in either the current or 1,912
preceding calendar year whether or not the same individual was in 1,913
employment in each day; or
(e) Is not otherwise an employer as defined under division 1,915
(A)(1)(a) or (b) of this section; and 1,916
(i) For which, within either the current or preceding 1,918
calendar year, service, except for domestic service in a private 1,919
home not covered under division (A)(1)(c) of this section, is or 1,920
was performed with respect to which such employer is liable for 1,921
any federal tax against which credit may be taken for 1,922
contributions required to be paid into a state unemployment fund; 1,923
(ii) Which, as a condition for approval of this chapter 1,925
for full tax credit against the tax imposed by the "Federal 1,926
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 1,928
required, pursuant to such act to be an employer under this 1,929
chapter; or 1,930
(iii) Who became an employer by election under division 1,932
(A)(4) or (5) of this section and for the duration of such 1,933
election; or 1,934
(f) In the case of the state, its instrumentalities, its 1,936
political subdivisions, and their instrumentalities, had in 1,937
employment, as defined in division (B)(2)(a) of this section, at 1,938
least one individual; 1,939
47
(g) For the purposes of division (A)(1)(a) of this 1,941
section, if any week includes both the thirty-first day of 1,942
December and the first day of January, the days of that week 1,943
before the first day of January shall be considered one calendar 1,944
week and the days beginning the first day of January another 1,945
week. 1,946
(2) Each individual employed to perform or to assist in 1,948
performing the work of any agent or employee of an employer is 1,949
employed by such employer for all the purposes of this chapter, 1,950
whether such individual was hired or paid directly by such 1,951
employer or by such agent or employee, provided the employer had 1,952
actual or constructive knowledge of the work. All individuals 1,953
performing services for an employer of any person in this state 1,954
who maintains two or more establishments within this state are 1,955
employed by a single employer for the purposes of this chapter. 1,956
(3) An employer subject to this chapter within any 1,958
calendar year is subject to this chapter during the whole of such 1,959
year and during the next succeeding calendar year. 1,960
(4) An employer not otherwise subject to this chapter who 1,962
files with the administrator of the bureau of employment services 1,963
a written election to become an employer subject to this chapter 1,965
for not less than two calendar years shall, with the written 1,966
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 1,967
employers as of the date stated in such approval, and shall cease 1,968
to be subject to this chapter as of the first day of January of 1,969
any calendar year subsequent to such two calendar years only if 1,970
at least thirty days prior to such first day of January the 1,971
employer has filed with the administrator a written notice to 1,972
that effect.
(5) Any employer for whom services that do not constitute 1,974
employment are performed may file with the administrator a 1,975
written election that all such services performed by individuals 1,976
in the employer's employ in one or more distinct establishments 1,977
48
or places of business shall be deemed to constitute employment 1,978
for all the purposes of this chapter, for not less than two 1,979
calendar years. Upon written approval of the election by the 1,980
administrator, such services shall be deemed to constitute 1,981
employment subject to this chapter from and after the date stated 1,982
in such approval. Such services shall cease to be employment 1,983
subject to this chapter as of the first day of January of any 1,984
calendar year subsequent to such two calendar years only if at 1,985
least thirty days prior to such first day of January such 1,986
employer has filed with the administrator a written notice to 1,987
that effect.
(B)(1) "Employment" means service performed by an 1,990
individual for remuneration under any contract of hire, written 1,992
or oral, express or implied, including service performed in 1,993
interstate commerce and service performed by an officer of a 1,994
corporation, without regard to whether such service is executive, 1,995
managerial, or manual in nature, and without regard to whether 1,996
such officer is a stockholder or a member of the board of 1,997
directors of the corporation, unless it is shown to the 1,998
satisfaction of the administrator that such individual has been 2,000
and will continue to be free from direction or control over the 2,001
performance of such service, both under a contract of service and 2,003
in fact. The administrator shall adopt rules to define 2,004
"direction or control." 2,005
(2) "Employment" includes: 2,007
(a) Service performed after December 31, 1977, by an 2,009
individual in the employ of the state or any of its 2,010
instrumentalities, or any political subdivision thereof or any of 2,011
its instrumentalities or any instrumentality of more than one of 2,012
the foregoing or any instrumentality of any of the foregoing and 2,013
one or more other states or political subdivisions and without 2,014
regard to divisions (A)(1)(a) and (b) of this section, provided 2,015
that such service is excluded from employment as defined in the 2,016
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 2,017
49
3306(c)(7) and is not excluded under division (B)(3) of this 2,018
section; or the services of employees covered by voluntary 2,019
election, as provided under divisions (A)(4) and (5) of this 2,020
section; 2,021
(b) Service performed after December 31, 1971, by an 2,023
individual in the employ of a religious, charitable, educational, 2,024
or other organization which is excluded from the term 2,025
"employment" as defined in the "Federal Unemployment Tax Act," 84 2,026
Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 2,028
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 2,029
division (B)(3) of this section; 2,030
(c) Domestic service performed after December 31, 1977, 2,032
for an employer, as provided in division (A)(1)(c) of this 2,033
section; 2,034
(d) Agricultural labor performed after December 31, 1977, 2,036
for a farm operator or a crew leader, as provided in division 2,037
(A)(1)(d) of this section; 2,038
(e) Service not covered under division (B)(1) of this 2,040
section which is performed after December 31, 1971: 2,041
(i) As an agent-driver or commission-driver engaged in 2,043
distributing meat products, vegetable products, fruit products, 2,044
bakery products, beverages other than milk, laundry, or 2,045
dry-cleaning services, for the individual's employer or 2,046
principal; 2,047
(ii) As a traveling or city salesperson, other than as an 2,049
agent-driver or commission-driver, engaged on a full-time basis 2,050
in the solicitation on behalf of and in the transmission to the 2,052
salesperson's employer or principal except for sideline sales 2,053
activities on behalf of some other person of orders from 2,054
wholesalers, retailers, contractors, or operators of hotels, 2,055
restaurants, or other similar establishments for merchandise for 2,056
resale, or supplies for use in their business operations, 2,057
provided that for the purposes of this division (B)(2)(e)(ii) of 2,058
this section, the services shall be deemed employment if the 2,059
50
contract of service contemplates that substantially all of the 2,060
services are to be performed personally by the individual and 2,061
that the individual does not have a substantial investment in 2,062
facilities used in connection with the performance of the 2,063
services other than in facilities for transportation, and the 2,064
services are not in the nature of a single transaction that is 2,065
not a part of a continuing relationship with the person for whom 2,066
the services are performed. 2,067
(f) An individual's entire service performed within or 2,069
both within and without the state if: 2,070
(i) The service is localized in this state. 2,072
(ii) The service is not localized in any state, but some 2,074
of the service is performed in this state and either the base of 2,075
operations, or if there is no base of operations then the place 2,076
from which such service is directed or controlled, is in this 2,077
state or the base of operations or place from which such service 2,078
is directed or controlled is not in any state in which some part 2,079
of the service is performed but the individual's residence is in 2,080
this state. 2,081
(g) Service not covered under division (B)(2)(f)(ii) of 2,083
this section and performed entirely without this state, with 2,084
respect to no part of which contributions are required and paid 2,085
under an unemployment compensation law of any other state, the 2,086
Virgin Islands, Canada, or of the United States, if the 2,087
individual performing such service is a resident of this state 2,088
and the administrator of the bureau of employment services 2,089
approves the election of the employer for whom such services are 2,090
performed; or, if the individual is not a resident of this state 2,092
but the place from which the service is directed or controlled is 2,093
in this state, the entire services of such individual shall be 2,094
deemed to be employment subject to this chapter, provided service 2,095
is deemed to be localized within this state if the service is 2,096
performed entirely within this state or if the service is 2,097
performed both within and without this state but the service 2,098
51
performed without this state is incidental to the individual's 2,099
service within the state, for example, is temporary or transitory 2,100
in nature or consists of isolated transactions; 2,101
(h) Service of an individual who is a citizen of the 2,103
United States, performed outside the United States except in 2,104
Canada after December 31, 1971, or the Virgin Islands, after 2,105
December 31, 1971, and before the first day of January of the 2,106
year following that in which the United States secretary of labor 2,107
approves the Virgin Islands law for the first time, in the employ 2,108
of an American employer, other than service which is "employment" 2,109
under divisions (B)(2)(f) and (g) of this section or similar 2,110
provisions of another state's law, if: 2,111
(i) The employer's principal place of business in the 2,113
United States is located in this state; 2,114
(ii) The employer has no place of business in the United 2,116
States, but the employer is an individual who is a resident of 2,117
this state; or the employer is a corporation which is organized 2,118
under the laws of this state, or the employer is a partnership or 2,119
a trust and the number of partners or trustees who are residents 2,120
of this state is greater than the number who are residents of any 2,121
other state; or 2,122
(iii) None of the criteria of divisions (B)(2)(f)(i) and 2,124
(ii) of this section is met but the employer has elected coverage 2,125
in this state or the employer having failed to elect coverage in 2,126
any state, the individual has filed a claim for benefits, based 2,127
on such service, under this chapter. 2,128
(i) For the purposes of division (B)(2)(h) of this 2,130
section, the term "American employer" means an employer who is an 2,131
individual who is a resident of the United States; or a 2,132
partnership, if two-thirds or more of the partners are residents 2,133
of the United States; or a trust, if all of the trustees are 2,134
residents of the United States; or a corporation organized under 2,135
the laws of the United States or of any state, provided the term 2,136
"United States" includes the states, the District of Columbia, 2,137
52
the Commonwealth of Puerto Rico, and the Virgin Islands. 2,138
(j) Notwithstanding any other provisions of divisions 2,140
(B)(1) and (2) of this section, service, except for domestic 2,141
service in a private home not covered under division (A)(1)(c) of 2,142
this section, with respect to which a tax is required to be paid 2,143
under any federal law imposing a tax against which credit may be 2,144
taken for contributions required to be paid into a state 2,145
unemployment fund, or service, except for domestic service in a 2,146
private home not covered under division (A)(1)(c) of this 2,147
section, which, as a condition for full tax credit against the 2,148
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 2,149
26 U.S.C.A. 3301 to 3311, is required to be covered under this 2,150
chapter. 2,151
(k) Construction services performed by any individual 2,153
under a construction contract, as defined in section 4141.39 of 2,154
the Revised Code, if the administrator determines that the 2,155
employer for whom services are performed has the right to direct 2,157
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 2,158
services performed. The administrator shall presume that the 2,159
employer for whom services are performed has the right to direct 2,160
or control the performance of the services if ten or more of the 2,161
following criteria apply:
(i) The employer directs or controls the manner or method 2,164
by which instructions are given to the individual performing
services; 2,165
(ii) The employer requires particular training for the 2,168
individual performing services;
(iii) Services performed by the individual are integrated 2,171
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 2,174
particular individual;
(v) The employer hires, supervises, or pays the wages of 2,177
the individual performing services;
53
(vi) A continuing relationship between the employer and 2,180
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 2,181
(vii) The employer requires the individual to perform 2,184
services during established hours;
(viii) The employer requires that the individual 2,186
performing services be devoted on a full-time basis to the 2,187
business of the employer; 2,188
(ix) The employer requires the individual to perform 2,190
services on the employer's premises; 2,191
(x) The employer requires the individual performing 2,193
services to follow the order of work established by the employer; 2,194
(xi) The employer requires the individual performing 2,196
services to make oral or written reports of progress; 2,197
(xii) The employer makes payment to the individual for 2,200
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 2,202
performing services; 2,203
(xiv) The employer furnishes the tools and materials for 2,206
use by the individual to perform services;
(xv) The individual performing services has not invested 2,209
in the facilities used to perform services;
(xvi) The individual performing services does not realize 2,212
a profit or suffer a loss as a result of the performance of the
services; 2,213
(xvii) The individual performing services is not 2,215
performing services for more than two employers simultaneously; 2,216
(xviii) The individual performing services does not make 2,219
the services available to the general public;
(xix) The employer has a right to discharge the individual 2,222
performing services;
(xx) The individual performing services has the right to 2,225
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 2,226
54
agreement.
(3) "Employment" does not include the following services 2,228
if they are found not subject to the "Federal Unemployment Tax 2,229
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the 2,231
services are not required to be included under division (B)(2)(j) 2,232
of this section: 2,233
(a) Service performed after December 31, 1977, in 2,235
agricultural labor, except as provided in division (A)(1)(d) of 2,236
this section; 2,237
(b) Domestic service performed after December 31, 1977, in 2,239
a private home, local college club, or local chapter of a college 2,240
fraternity or sorority except as provided in division (A)(1)(c) 2,241
of this section; 2,242
(c) Service performed after December 31, 1977, for this 2,244
state or a political subdivision as described in division (B)(2) 2,245
(a) of this section when performed: 2,246
(i) As a publicly elected official; 2,248
(ii) As a member of a legislative body, or a member of the 2,250
judiciary; 2,251
(iii) As a military member of the Ohio national guard; 2,253
(iv) As an employee, not in the classified service as 2,255
defined in section 124.11 of the Revised Code, serving on a 2,256
temporary basis in case of fire, storm, snow, earthquake, flood, 2,257
or similar emergency; 2,258
(v) In a position which, under or pursuant to law, is 2,260
designated as a major nontenured policymaking or advisory 2,261
position, not in the classified service of the state, or a 2,262
policymaking or advisory position the performance of the duties 2,263
of which ordinarily does not require more than eight hours per 2,264
week. 2,265
(d) In the employ of any governmental unit or 2,267
instrumentality of the United States; 2,268
(e) Service performed after December 31, 1971: 2,270
(i) Service in the employ of an educational institution or 2,272
55
institution of higher education, including those operated by the 2,273
state or a political subdivision, if such service is performed by 2,274
a student who is enrolled and is regularly attending classes at 2,275
the educational institution or institution of higher education; 2,276
or 2,277
(ii) By an individual who is enrolled at a nonprofit or 2,279
public educational institution which normally maintains a regular 2,280
faculty and curriculum and normally has a regularly organized 2,281
body of students in attendance at the place where its educational 2,282
activities are carried on as a student in a full-time program, 2,283
taken for credit at the institution, which combines academic 2,284
instruction with work experience, if the service is an integral 2,285
part of the program, and the institution has so certified to the 2,286
employer, provided that this subdivision shall not apply to 2,287
service performed in a program established for or on behalf of an 2,288
employer or group of employers; 2,289
(f) Service performed by an individual in the employ of 2,291
the individual's son, daughter, or spouse and service performed 2,292
by a child under the age of eighteen in the employ of the child's 2,293
father or mother;
(g) Service performed for one or more principals by an 2,295
individual who is compensated on a commission basis, who in the 2,296
performance of the work is master of the individual's own time 2,298
and efforts, and whose remuneration is wholly dependent on the 2,299
amount of effort the individual chooses to expend, and which 2,300
service is not subject to the "Federal Unemployment Tax Act," 53 2,301
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed 2,302
after December 31, 1971: 2,303
(i) By an individual for an employer as an insurance agent 2,305
or as an insurance solicitor, if all this service is performed 2,306
for remuneration solely by way of commission; 2,307
(ii) As a home worker performing work, according to 2,309
specifications furnished by the employer for whom the services 2,310
are performed, on materials or goods furnished by such employer 2,311
56
which are required to be returned to the employer or to a person 2,312
designated for that purpose. 2,313
(h) Service performed after December 31, 1971: 2,315
(i) In the employ of a church or convention or association 2,317
of churches, or in an organization which is operated primarily 2,318
for religious purposes and which is operated, supervised, 2,319
controlled, or principally supported by a church or convention or 2,320
association of churches; 2,321
(ii) By a duly ordained, commissioned, or licensed 2,323
minister of a church in the exercise of the individual's ministry 2,325
or by a member of a religious order in the exercise of duties 2,326
required by such order; or 2,327
(iii) In a facility conducted for the purpose of carrying 2,329
out a program of rehabilitation for individuals whose earning 2,330
capacity is impaired by age or physical or mental deficiency or 2,331
injury, or providing remunerative work for individuals who 2,332
because of their impaired physical or mental capacity cannot be 2,333
readily absorbed in the competitive labor market, by an 2,334
individual receiving such rehabilitation or remunerative work; 2,335
(i) Service performed after June 30, 1939, with respect to 2,337
which unemployment compensation is payable under the "Railroad 2,338
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 2,339
(j) Service performed by an individual in the employ of 2,341
any organization exempt from income tax under section 501 of the 2,342
"Internal Revenue Code of 1954," if the remuneration for such 2,343
service does not exceed fifty dollars in any calendar quarter, or 2,344
if such service is in connection with the collection of dues or 2,345
premiums for a fraternal beneficial society, order, or 2,346
association and is performed away from the home office or is 2,347
ritualistic service in connection with any such society, order, 2,348
or association; 2,349
(k) Casual labor not in the course of an employer's trade 2,351
or business; incidental service performed by an officer, 2,352
appraiser, or member of a finance committee of a bank, building 2,353
57
and loan association, savings and loan association, or savings 2,354
association when the remuneration for such incidental service 2,355
exclusive of the amount paid or allotted for directors' fees does 2,356
not exceed sixty dollars per calendar quarter is casual labor; 2,357
(l) Service performed in the employ of a voluntary 2,359
employees' beneficial association providing for the payment of 2,360
life, sickness, accident, or other benefits to the members of 2,361
such association or their dependents or their designated 2,362
beneficiaries, if admission to a membership in such association 2,363
is limited to individuals who are officers or employees of a 2,364
municipal or public corporation, of a political subdivision of 2,365
the state, or of the United States and no part of the net 2,366
earnings of such association inures, other than through such 2,367
payments, to the benefit of any private shareholder or 2,368
individual; 2,369
(m) Service performed by an individual in the employ of a 2,371
foreign government, including service as a consular or other 2,372
officer or employee or of a nondiplomatic representative; 2,373
(n) Service performed in the employ of an instrumentality 2,375
wholly owned by a foreign government if the service is of a 2,376
character similar to that performed in foreign countries by 2,377
employees of the United States or of an instrumentality thereof 2,378
and if the administrator finds that the secretary of state of the 2,379
United States has certified to the secretary of the treasury of 2,380
the United States that the foreign government, with respect to 2,381
whose instrumentality exemption is claimed, grants an equivalent 2,382
exemption with respect to similar service performed in the 2,383
foreign country by employees of the United States and of 2,384
instrumentalities thereof; 2,385
(o) Service with respect to which unemployment 2,387
compensation is payable under an unemployment compensation system 2,388
established by an act of congress; 2,389
(p) Service performed as a student nurse in the employ of 2,391
a hospital or a nurses' training school by an individual who is 2,392
58
enrolled and is regularly attending classes in a nurses' training 2,393
school chartered or approved pursuant to state law, and service 2,394
performed as an intern in the employ of a hospital by an 2,395
individual who has completed a four years' course in a medical 2,396
school chartered or approved pursuant to state law; 2,397
(q) Service performed by an individual under the age of 2,399
eighteen in the delivery or distribution of newspapers or 2,400
shopping news, not including delivery or distribution to any 2,401
point for subsequent delivery or distribution; 2,402
(r) Service performed in the employ of the United States 2,404
or an instrumentality of the United States immune under the 2,405
constitution of the United States from the contributions imposed 2,406
by this chapter, except that to the extent that congress permits 2,407
states to require any instrumentalities of the United States to 2,408
make payments into an unemployment fund under a state 2,409
unemployment compensation act, this chapter shall be applicable 2,410
to such instrumentalities and to services performed for such 2,411
instrumentalities in the same manner, to the same extent, and on 2,412
the same terms as to all other employers, individuals, and 2,413
services, provided that if this state is not certified for any 2,414
year by the proper agency of the United States under section 3304 2,415
of the "Internal Revenue Code of 1954," the payments required of 2,416
such instrumentalities with respect to such year shall be 2,417
refunded by the administrator from the fund in the same manner 2,418
and within the same period as is provided in division (E) of 2,419
section 4141.09 of the Revised Code with respect to contributions 2,420
erroneously collected; 2,421
(s) Service performed by an individual as a member of a 2,423
band or orchestra, provided such service does not represent the 2,424
principal occupation of such individual, and which service is not 2,425
subject to or required to be covered for full tax credit against 2,426
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 2,427
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after 2,428
December 31, 1971, for a nonprofit organization, this state or 2,430
59
its instrumentalities, or a political subdivision or its 2,431
instrumentalities, as part of an unemployment work-relief or 2,432
work-training program assisted or financed in whole or in part by 2,433
any federal agency or an agency of a state or political 2,434
subdivision thereof, by an individual receiving the work-relief 2,435
or work-training. 2,436
(t) Service performed in the employ of a day camp whose 2,438
camping season does not exceed twelve weeks in any calendar year, 2,439
and which service is not subject to the "Federal Unemployment Tax 2,440
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 2,441
performed after December 31, 1971: 2,443
(i) In the employ of a hospital, if the service is 2,445
performed by a patient of the hospital, as defined in division 2,446
(W) of this section; 2,447
(ii) For a prison or other correctional institution by an 2,449
inmate of the prison or correctional institution; 2,450
(iii) Service performed after December 31, 1977, by an 2,452
inmate of a custodial institution operated by the state, a 2,453
political subdivision, or a nonprofit organization. 2,454
(u) Service that is performed by a nonresident alien 2,457
individual for the period the individual temporarily is present
in the United States as a nonimmigrant under division (F), (J), 2,459
(M), or (Q) of section 101(a)(15) of the "Immigration and 2,460
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that 2,461
is excluded under section 3306(c)(19) of the "Federal 2,462
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 2,464
3311.
(v) Notwithstanding any other provisions of division 2,466
(B)(3) of this section, services which THAT are excluded under 2,467
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 2,468
be excluded from employment when performed for a nonprofit 2,469
organization, as defined in division (X) of this section, or for 2,470
this state or its instrumentalities, or for a political 2,471
subdivision or its instrumentalities. 2,472
60
(w) SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS 2,474
AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF 2,475
REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR 2,477
FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS 2,478
THAN ONE THOUSAND DOLLARS; 2,479
(x) SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY 2,481
SCHOOL THAT IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS 2,482
DESCRIBED IN SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME 2,483
TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL REVENUE CODE, 26 2,486
U.S.C.A. 501;
(y) SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL 2,488
INSTITUTION. 2,489
(4) If the services performed during one half or more of 2,491
any pay period by an employee for the person employing that 2,492
employee constitute employment, all the services of such employee 2,493
for such period shall be deemed to be employment; but if the 2,495
services performed during more than one half of any such pay 2,496
period by an employee for the person employing that employee do 2,497
not constitute employment, then none of the services of such 2,499
employee for such period shall be deemed to be employment. As 2,500
used in division (B)(4) of this section, "pay period" means a 2,501
period, of not more than thirty-one consecutive days, for which 2,502
payment of remuneration is ordinarily made to the employee by the 2,503
person employing that employee. Division (B)(4) of this section 2,504
does not apply to services performed in a pay period by an 2,505
employee for the person employing that employee, if any of such 2,507
service is excepted by division (B)(3)(o) of this section. 2,509
(C) "Benefits" means money payments payable to an 2,511
individual who has established benefit rights, as provided in 2,512
this chapter, for loss of remuneration due to the individual's 2,513
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 2,515
the maximum benefit amount that may become payable to an 2,516
individual within the individual's benefit year as determined by 2,517
61
the administrator. 2,518
(E) "Claim for benefits" means a claim for waiting period 2,520
or benefits for a designated week. 2,521
(F) "Additional claim" means the first claim for benefits 2,523
filed following any separation from employment during a benefit 2,524
year; "continued claim" means any claim other than the first 2,525
claim for benefits and other than an additional claim. 2,526
(G)(1) "Wages" means remuneration paid to an employee by 2,528
each of the employee's employers with respect to employment; 2,529
except that wages shall not include that part of remuneration 2,530
paid during any calendar year to an individual by an employer or 2,531
such employer's predecessor in interest in the same business or 2,532
enterprise, which in any calendar year is in excess of eight 2,533
thousand two hundred fifty dollars on and after January 1, 1992; 2,534
eight thousand five hundred dollars on and after January 1, 1993; 2,535
eight thousand seven hundred fifty dollars on and after January 2,536
1, 1994; and nine thousand dollars on and after January 1, 1995. 2,537
Remuneration in excess of such amounts shall be deemed wages 2,538
subject to contribution to the same extent that such remuneration 2,539
is defined as wages under the "Federal Unemployment Compensation 2,540
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as 2,541
amended. The remuneration paid an employee by an employer with 2,543
respect to employment in another state, upon which contributions 2,544
were required and paid by such employer under the unemployment 2,545
compensation act of such other state, shall be included as a part 2,546
of remuneration in computing the amount specified in this 2,547
division. 2,548
(2) Notwithstanding division (G)(1) of this section, if, 2,550
as of the computation date for any calendar year, the 2,551
administrator determines that the level of the unemployment 2,552
compensation fund is sixty per cent or more below the minimum 2,553
safe level as defined in section 4141.25 of the Revised Code, 2,554
then, effective the first day of January of the following 2,555
calendar year, wages subject to this chapter shall not include 2,556
62
that part of remuneration paid during any calendar year to an 2,557
individual by an employer or such employer's predecessor in 2,558
interest in the same business or enterprise which is in excess of 2,559
nine thousand dollars. The increase in the dollar amount of 2,560
wages subject to this chapter under this division shall remain in 2,561
effect from the date of the administrator's determination 2,562
pursuant to division (G)(2) of this section and thereafter 2,563
notwithstanding the fact that the level in the fund may 2,564
subsequently become less than sixty per cent below the minimum 2,565
safe level. 2,566
(H)(1) "Remuneration" means all compensation for personal 2,568
services, including commissions and bonuses and the cash value of 2,569
all compensation in any medium other than cash, except that in 2,570
the case of agricultural or domestic service, "remuneration" 2,571
includes only cash remuneration. Gratuities customarily received 2,572
by an individual in the course of the individual's employment 2,573
from persons other than the individual's employer and which are 2,574
accounted for by such individual to the individual's employer are 2,575
taxable wages.
The reasonable cash value of compensation paid in any 2,577
medium other than cash shall be estimated and determined in 2,578
accordance with rules prescribed by the administrator, provided 2,579
that "remuneration" does not include: 2,580
(a) Payments as provided in divisions (b)(2) to (b)(16) of 2,582
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 2,583
26 U.S.C.A. 3301 to 3311, as amended; 2,584
(b) The payment by an employer, without deduction from the 2,586
remuneration of the individual in the employer's employ, of the 2,587
tax imposed upon an individual in the employer's employ under 2,588
section 3101 of the "Internal Revenue Code of l954 1954," with 2,590
respect to services performed after October 1, 1941. 2,591
(2) "Cash remuneration" means all remuneration paid in 2,593
cash, including commissions and bonuses, but not including the 2,594
cash value of all compensation in any medium other than cash. 2,595
63
(I) "Interested party" means the administrator and any 2,597
party to whom notice of a determination of an application for 2,598
benefit rights or a claim for benefits is required to be given 2,599
under section 4141.28 of the Revised Code. 2,600
(J) "Annual payroll" means the total amount of wages 2,602
subject to contributions during a twelve-month period ending with 2,603
the last day of the second calendar quarter of any calendar year. 2,604
(K) "Average annual payroll" means the average of the last 2,606
three annual payrolls of an employer, provided that if, as of any 2,607
computation date, the employer has had less than three annual 2,608
payrolls in such three-year period, such average shall be based 2,609
on the annual payrolls which the employer has had as of such 2,610
date.
(L)(1) "Contributions" means the money payments to the 2,612
state unemployment compensation fund required of employers by 2,613
section 4141.25 of the Revised Code and of the state and any of 2,614
its political subdivisions electing to pay contributions under 2,615
section 4141.242 of the Revised Code. Employers paying 2,616
contributions shall be described as "contributory employers." 2,617
(2) "Payments in lieu of contributions" means the money 2,619
payments to the state unemployment compensation fund required of 2,620
reimbursing employers under sections 4141.241 and 4141.242 of the 2,621
Revised Code. 2,622
(M) An individual is "totally unemployed" in any week 2,624
during which the individual performs no services and with respect 2,625
to such week no remuneration is payable to the individual. 2,626
(N) An individual is "partially unemployed" in any week 2,628
if, due to involuntary loss of work, the total remuneration 2,629
payable to the individual for such week is less than the 2,630
individual's weekly benefit amount. 2,631
(O) "Week" means the calendar week ending at midnight 2,633
Saturday unless an equivalent week of seven consecutive calendar 2,634
days is prescribed by the administrator. 2,635
(1) "Qualifying week" means any calendar week in an 2,637
64
individual's base period with respect to which the individual 2,638
earns or is paid remuneration in employment subject to this 2,640
chapter. A calendar week with respect to which an individual 2,641
earns remuneration but for which payment was not made within the 2,642
base period, when necessary to qualify for benefit rights, may be 2,643
considered to be a qualifying week. The number of qualifying 2,644
weeks which may be established in a calendar quarter shall not 2,645
exceed the number of calendar weeks in the quarter. 2,646
(2) "Average weekly wage" means the amount obtained by 2,648
dividing an individual's total remuneration for all qualifying 2,649
weeks during the base period by the number of such qualifying 2,650
weeks, provided that if the computation results in an amount 2,651
which THAT is not a multiple of one dollar, such amount shall be 2,652
rounded to the next lower multiple of one dollar. 2,653
(P) "Weekly benefit amount" means the amount of benefits 2,655
an individual would be entitled to receive for one week of total 2,656
unemployment. 2,657
(Q)(1) "Base period" means the first four of the last five 2,659
completed calendar quarters immediately preceding the first day 2,660
of an individual's benefit year, except as provided in division 2,661
(Q)(2) of this section. 2,662
(2) If an individual does not have sufficient qualifying 2,664
weeks and wages in the base period to qualify for benefit rights, 2,665
the individual's base period shall be the four most recently 2,666
completed calendar quarters preceding the first day of the 2,668
individual's benefit year. Such base period shall be known as 2,669
the "alternate base period." If information as to weeks and 2,670
wages for the most recent quarter of the alternate base period is 2,671
not available to the administrator from the regular quarterly 2,672
reports of wage information, which are systematically accessible, 2,673
the administrator may, consistent with the provisions of section 2,674
4141.28 of the Revised Code, base the determination of 2,675
eligibility for benefits on the affidavit of the claimant with 2,676
respect to weeks and wages for that calendar quarter. The 2,677
65
claimant shall furnish payroll documentation, where available, in 2,678
support of the affidavit. The determination based upon the 2,679
alternate base period as it relates to the claimant's benefit 2,680
rights, shall be amended when the quarterly report of wage 2,681
information from the employer is timely received and that 2,682
information causes a change in the determination. As provided in 2,683
division (B)(1)(b) of section 4141.28 of the Revised Code, any 2,684
benefits paid and charged to an employer's account, based upon a 2,685
claimant's affidavit, shall be adjusted effective as of the 2,686
beginning of the claimant's benefit year. No calendar quarter in 2,687
a base period or alternate base period shall be used to establish 2,688
a subsequent benefit year. 2,689
(3) The "base period" of a combined wage claim, as 2,691
described in division (H) of section 4141.43 of the Revised Code, 2,692
shall be the base period prescribed by the law of the state in 2,693
which the claim is allowed. 2,694
(4) FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A 2,696
COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS 2,697
ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE 2,698
UTILIZED. 2,699
(R)(1) "Benefit year" with respect to an individual means 2,701
the fifty-two week period beginning with the first day of that 2,702
week with respect to which the individual first files a valid 2,703
application for determination of benefit rights, and thereafter 2,705
the fifty-two week period beginning with the first day of that 2,706
week with respect to which the individual next files a valid 2,707
application for determination of benefit rights after the 2,708
termination of the individual's last preceding benefit year, 2,709
except that the application shall not be considered valid unless 2,711
the individual has had employment in six weeks that is subject to 2,712
this chapter or the unemployment compensation act of another 2,713
state, or the United States, and has, since the beginning of the 2,714
individual's previous benefit year, in the employment earned 2,715
three times the average weekly wage determined for the previous 2,716
66
benefit year. The "benefit year" of a combined wage claim, as 2,717
described in division (H) of section 4141.43 of the Revised Code, 2,718
shall be the benefit year prescribed by the law of the state in 2,719
which the claim is allowed. ANY
Effective for applications filed with respect to weeks 2,721
beginning on or after October 1, 2000, any application for 2,723
determination of benefit rights made in accordance with section 2,726
4141.28 of the Revised Code is valid if the individual filing 2,727
such application is unemployed, has been employed by an employer 2,728
or employers subject to this chapter in at least twenty 2,729
qualifying weeks within the individual's base period, has earned 2,730
or been paid remuneration at an average weekly wage of not less 2,733
than twenty-seven and one-half per cent of the statewide average
weekly wage for such weeks. FOR PURPOSES OF DETERMINING WHETHER 2,735
AN INDIVIDUAL HAS HAD SUFFICIENT EMPLOYMENT SINCE THE BEGINNING 2,736
OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO FILE A VALID 2,737
APPLICATION, "EMPLOYMENT" MEANS THE PERFORMANCE OF SERVICES FOR 2,738
WHICH REMUNERATION IS PAYABLE. 2,739
(2) EFFECTIVE FOR APPLICATIONS FILED ON AND AFTER MARCH 3, 2,743
2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS MADE IN 2,744
ACCORDANCE WITH SECTION 4141.28 OF THE REVISED CODE IS VALID IF
THE INDIVIDUAL SATISFIES THE CRITERIA DESCRIBED IN DIVISION 2,745
(R)(1) OF THIS SECTION, and IF the reason for the individual's 2,746
separation from employment is not disqualifying pursuant to 2,747
division (D)(2) of section 4141.29 or section 4141.291 of the 2,749
Revised Code. A disqualification imposed pursuant to division 2,752
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code 2,755
must be removed as provided in those sections as a requirement of 2,756
establishing a valid application for benefit rights FILED ON AND 2,757
AFTER MARCH 3, 2002. 2,758
(3) The statewide average weekly wage shall be calculated 2,760
by the administrator once a year based on the twelve-month period 2,761
ending the thirtieth day of June, as set forth in division (B)(3) 2,763
of section 4141.30 of the Revised Code, rounded down to the 2,764
67
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 2,765
individuals to have filed valid applications shall become 2,766
effective on Sunday of the calendar week in which the first day 2,767
of January occurs that follows the twelve-month period ending the 2,768
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 2,769
(4) As used in this division, an individual is 2,771
"unemployed" if, with respect to the calendar week in which such 2,774
application is filed, the individual is "partially unemployed" or 2,776
"totally unemployed" as defined in this section or if, prior to 2,777
filing the application, the individual was separated from the 2,779
individual's most recent work for any reason which terminated the 2,780
individual's employee-employer relationship, or was laid off 2,781
indefinitely or for a definite period of seven or more days. 2,782
(S) "Calendar quarter" means the period of three 2,784
consecutive calendar months ending on the thirty-first day of 2,785
March, the thirtieth day of June, the thirtieth day of September, 2,786
and the thirty-first day of December, or the equivalent thereof 2,787
as the administrator prescribes by rule. 2,788
(T) "Computation date" means the first day of the third 2,790
calendar quarter of any calendar year. 2,791
(U) "Contribution period" means the calendar year 2,793
beginning on the first day of January of any year. 2,794
(V) "Agricultural labor," for the purpose of this 2,796
division, means any service performed prior to January 1, 1972, 2,797
which was agricultural labor as defined in this division prior to 2,798
that date, and service performed after December 31, 1971: 2,799
(1) On a farm, in the employ of any person, in connection 2,801
with cultivating the soil, or in connection with raising or 2,802
harvesting any agricultural or horticultural commodity, including 2,803
the raising, shearing, feeding, caring for, training, and 2,804
management of livestock, bees, poultry, and fur-bearing animals 2,805
and wildlife; 2,806
68
(2) In the employ of the owner or tenant or other operator 2,808
of a farm in connection with the operation, management, 2,809
conservation, improvement, or maintenance of such farm and its 2,810
tools and equipment, or in salvaging timber or clearing land of 2,811
brush and other debris left by hurricane, if the major part of 2,812
such service is performed on a farm; 2,813
(3) In connection with the production or harvesting of any 2,815
commodity defined as an agricultural commodity in section 15 (g) 2,816
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 2,817
U.S.C. 1141j, as amended, or in connection with the ginning of 2,818
cotton, or in connection with the operation or maintenance of 2,819
ditches, canals, reservoirs, or waterways, not owned or operated 2,820
for profit, used exclusively for supplying and storing water for 2,821
farming purposes; 2,822
(4) In the employ of the operator of a farm in handling, 2,824
planting, drying, packing, packaging, processing, freezing, 2,825
grading, storing, or delivering to storage or to market or to a 2,826
carrier for transportation to market, in its unmanufactured 2,827
state, any agricultural or horticultural commodity, but only if 2,828
the operator produced more than one half of the commodity with 2,829
respect to which such service is performed; 2,830
(5) In the employ of a group of operators of farms, or a 2,832
cooperative organization of which the operators are members, in 2,833
the performance of service described in division (V)(4) of this 2,834
section, but only if the operators produced more than one-half of 2,835
the commodity with respect to which the service is performed; 2,836
(6) Divisions (V)(4) and (5) of this section shall not be 2,838
deemed to be applicable with respect to service performed: 2,839
(a) In connection with commercial canning or commercial 2,841
freezing or in connection with any agricultural or horticultural 2,842
commodity after its delivery to a terminal market for 2,843
distribution for consumption; or 2,844
(b) On a farm operated for profit if the service is not in 2,846
the course of the employer's trade or business. 2,847
69
As used in division (V) of this section, "farm" includes 2,849
stock, dairy, poultry, fruit, fur-bearing animal, and truck 2,850
farms, plantations, ranches, nurseries, ranges, greenhouses, or 2,851
other similar structures used primarily for the raising of 2,852
agricultural or horticultural commodities and orchards. 2,853
(W) "Hospital" means an institution which has been 2,855
registered or licensed by the Ohio department of health as a 2,856
hospital. 2,857
(X) "Nonprofit organization" means an organization, or 2,859
group of organizations, described in section 501(c)(3) of the 2,860
"Internal Revenue Code of 1954," and exempt from income tax under 2,861
section 501(a) of that code. 2,862
(Y) "Institution of higher education" means a public or 2,864
nonprofit educational institution which: 2,865
(1) Admits as regular students only individuals having a 2,867
certificate of graduation from a high school, or the recognized 2,868
equivalent; 2,869
(2) Is legally authorized in this state to provide a 2,871
program of education beyond high school; and 2,872
(3) Provides an educational program for which it awards a 2,874
bachelor's or higher degree, or provides a program which is 2,875
acceptable for full credit toward such a degree, a program of 2,876
post-graduate or post-doctoral studies, or a program of training 2,877
to prepare students for gainful employment in a recognized 2,878
occupation. 2,879
For the purposes of this division, all colleges and 2,881
universities in this state are institutions of higher education. 2,882
(Z) For the purposes of this chapter, "states" includes 2,884
the District of Columbia, the Commonwealth of Puerto Rico, and 2,885
the Virgin Islands. 2,886
(AA) "Alien" means, for the purposes of division (A)(1)(d) 2,888
of this section, an individual who is an alien admitted to the 2,889
United States to perform service in agricultural labor pursuant 2,890
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 2,891
70
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 2,892
(BB)(1) "Crew leader" means an individual who furnishes 2,894
individuals to perform agricultural labor for any other employer 2,895
or farm operator, and: 2,896
(a) Pays, either on the individual's own behalf or on 2,899
behalf of the other employer or farm operator, the individuals so 2,901
furnished by the individual for the service in agricultural labor 2,902
performed by them; 2,903
(b) Has not entered into a written agreement with the 2,905
other employer or farm operator under which the agricultural 2,906
worker is designated as in the employ of the other employer or 2,907
farm operator. 2,908
(2) For the purposes of this chapter, any individual who 2,910
is a member of a crew furnished by a crew leader to perform 2,911
service in agricultural labor for any other employer or farm 2,912
operator shall be treated as an employee of the crew leader if: 2,913
(a) The crew leader holds a valid certificate of 2,915
registration under the "Farm Labor Contractor Registration Act of 2,916
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 2,917
(b) Substantially all the members of the crew operate or 2,919
maintain tractors, mechanized harvesting or crop-dusting 2,920
equipment, or any other mechanized equipment, which is provided 2,921
by the crew leader; and 2,922
(c) If the individual is not in the employment of the 2,924
other employer or farm operator within the meaning of division 2,925
(B)(1) of this section. 2,926
(3) For the purposes of this division, any individual who 2,928
is furnished by a crew leader to perform service in agricultural 2,929
labor for any other employer or farm operator and who is not 2,930
treated as in the employment of the crew leader under division 2,931
(BB)(2) of this section shall be treated as the employee of the 2,932
other employer or farm operator and not of the crew leader. The 2,933
other employer or farm operator shall be treated as having paid 2,934
cash remuneration to the individual in an amount equal to the 2,935
71
amount of cash remuneration paid to the individual by the crew 2,936
leader, either on the crew leader's own behalf or on behalf of 2,937
the other employer or farm operator, for the service in 2,938
agricultural labor performed for the other employer or farm 2,939
operator.
(CC) "Educational institution" means an institution other 2,941
than an institution of higher education as defined in division 2,942
(Y) of this section which: 2,943
(1) Offers participants, trainees, or students an 2,945
organized course of study or training designed to transfer to 2,946
them knowledge, skills, information, doctrines, attitudes, or 2,947
abilities from, by, or under the guidance of an instructor or 2,948
teacher; and 2,949
(2) Is approved, chartered, or issued a permit to operate 2,951
as a school by the state board of education or other government 2,952
agency that is authorized within the state to approve, charter, 2,953
or issue a permit for the operation of a school. 2,954
For the purposes of this division, the courses of study or 2,956
training which the institution offers may be academic, technical, 2,957
trade, or preparation for gainful employment in a recognized 2,958
occupation. 2,959
Sec. 4141.162. (A) The administrator of the bureau of 2,968
employment services shall establish an income and eligibility 2,969
verification system that complies with section 1137 of the 2,970
"Social Security Act." The programs included in the system are: 2,971
(1) Unemployment compensation pursuant to section 3304 of 2,973
the "Internal Revenue Code of 1954"; 2,974
(2) The state programs funded in part under part A of 2,976
Title IV of the "Social Security Act" and administered under 2,977
Chapters 5107. and 5108. of the Revised Code; 2,978
(3) Medicaid pursuant to Title XIX of the "Social Security 2,981
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 2,983
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 2,984
72
(5) Any Ohio program under a plan approved under Title I, 2,986
X, XIV, or XVI of the "Social Security Act." 2,987
Wage information provided by employers to the bureau shall 2,989
be furnished to the income and eligibility verification system. 2,990
Such information shall be used by the bureau to determine 2,991
eligibility of individuals for unemployment compensation benefits 2,992
and the amount of those benefits and used by the agencies that 2,993
administer the programs identified in divisions (A)(2) to (5) of 2,994
this section to determine or verify eligibility for or the amount 2,995
of benefits under those programs. 2,996
The bureau shall fully implement the use of wage 2,998
information to determine eligibility for and the amount of 2,999
unemployment compensation benefits by September 30, 1988. 3,000
Information furnished under the system shall also be made 3,002
available to the appropriate state or local child support 3,003
enforcement agency for the purposes of an approved plan under 3,004
Title IV-D of the "Social Security Act" and to the appropriate 3,006
federal agency for the purposes of Titles II and XVI of the 3,007
"Social Security Act."
(B) The administrator shall adopt rules as necessary under 3,009
which the bureau of employment services, the department of human 3,010
services, and other state agencies the administrator determines 3,011
must participate in order to ensure compliance with section 1137 3,012
of the "Social Security Act" exchange information with each other 3,013
or authorized federal agencies about individuals who are 3,014
applicants for or recipients of benefits under any of the 3,015
programs enumerated in division (A) of this section. The rules 3,016
shall extend to: 3,017
(1) A requirement for standardized formats and procedures 3,019
for a participating agency to request and receive information 3,020
about an individual, which information shall include the 3,021
individual's social security number; 3,022
(2) A requirement that all applicants for and recipients 3,024
of benefits under any program enumerated in division (A) of this 3,025
73
section be notified at the time of application, and periodically 3,026
thereafter, that information available through the system may be 3,027
shared with agencies that administer other benefit programs and 3,028
utilized in establishing or verifying eligibility or benefit 3,029
amounts under the other programs enumerated in division (A) of 3,030
this section; 3,031
(3) A requirement that information is made available only 3,033
to the extent necessary to assist in the valid administrative 3,034
needs of the program receiving the information and is targeted 3,035
for use in ways which are most likely to be productive in 3,036
identifying and preventing ineligibility and incorrect payments; 3,037
(4) A requirement that information is adequately protected 3,039
against unauthorized disclosures for purposes other than to 3,040
establish or verify eligibility or benefit amounts under the 3,041
programs enumerated in division (A) of this section; 3,042
(5) A requirement that a program providing information is 3,044
reimbursed by the program using the information for the actual 3,045
costs of furnishing the information and that the administrator be 3,046
reimbursed by the participating programs for any actual costs 3,047
incurred in operating the system; 3,048
(6) Requirements for any other matters necessary to ensure 3,050
the effective, efficient, and timely exchange of necessary 3,051
information or that the administrator determines must be 3,052
addressed in order to ensure compliance with the requirements of 3,053
section 1137 of the "Social Security Act." 3,054
(C) Each participating agency shall furnish to the income 3,056
and eligibility verification system established in division (A) 3,057
of this section that information, which the administrator, by 3,058
rule, determines is necessary in order to comply with section 3,059
1137 of the "Social Security Act." 3,060
(D) Notwithstanding the information disclosure 3,062
requirements of this section and sections 4141.16, 4141.161, 3,063
4141.21, and division (D)(4)(a)(A) of section 4141.28 4141.282 of 3,065
the Revised Code, the administrator shall administer those 3,066
74
provisions of law so as to comply with section 1137 of the 3,067
"Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 3,069
with respect to confidentiality of information obtained in the 3,070
administration of Chapter 4141. of the Revised Code and any 3,071
sanctions imposed for improper disclosure of such information 3,072
shall apply to the redisclosure of information disclosed under 3,073
this section. 3,074
Sec. 4141.24. (A)(1) The administrator of the bureau of 3,083
employment services shall maintain a separate account for each 3,084
employer and, except as otherwise provided in division (B) of 3,086
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 3,087
contributions, or payments in lieu of contributions, which the 3,088
employer has paid on the employer's own behalf. 3,089
(2) If, as of the computation date, a contributory 3,091
employer's account shows a negative balance computed as provided 3,092
in division (A)(3) of section 4141.25 of the Revised Code, less 3,094
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions 3,095
(A)(2)(a), (b), and (c) of this section and if the employer's 3,096
account is otherwise eligible for the transfer, then before the 3,097
employer's contribution rate is computed for the next succeeding 3,098
contribution period, an amount equal to the amount of the excess 3,099
eligible for transfer shall be permanently transferred from the 3,100
account of such employer and charged to the mutualized account 3,101
provided in division (B) of section 4141.25 of the Revised Code. 3,103
(a) If as of any computation date, a contributory 3,105
employer's account shows a negative balance in excess of ten per 3,106
cent of the employer's average annual payroll, then before the 3,107
employer's contribution rate is computed for the next succeeding 3,108
contribution period, an amount equal to the amount of the excess 3,109
shall be transferred from the account as provided in this 3,110
division. No contributory employer's account may have any excess 3,111
75
transferred pursuant to division (A)(2)(a) of this section, 3,112
unless the employer's account has shown a positive balance for at 3,114
least two consecutive computation dates prior to the computation
date with respect to which the transfer is proposed. Each time a 3,115
transfer is made pursuant to division (A)(2)(a) of this section, 3,116
the employer's account is ineligible for any additional transfers 3,117
under that division, until the account shows a positive balance 3,118
for at least two consecutive computation dates subsequent to the 3,119
computation date of which the most recent transfer occurs 3,120
pursuant to division (A)(2)(a), (b), or (c) of this section. 3,121
(b) If at the next computation date after the computation 3,123
date at which a transfer from the account occurs pursuant to 3,124
division (A)(2)(a) of this section, a contributory employer's 3,125
account shows a negative balance in excess of fifteen per cent of 3,126
the employer's average annual payroll, then before the employer's 3,128
contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess 3,129
shall be permanently transferred from the account as provided in 3,130
this division. 3,131
(c) If at the next computation date subsequent to the 3,133
computation date at which a transfer from a contributory 3,134
employer's account occurs pursuant to division (A)(2)(b) of this 3,135
section, the employer's account shows a negative balance in 3,136
excess of twenty per cent of the employer's average annual 3,137
payroll, then before the employer's contribution rate is computed 3,139
for the next succeeding contribution period, an amount equal to
the amount of the excess shall be permanently transferred from 3,140
the account as provided in this division. 3,141
(d) If no transfer occurs pursuant to division (A)(2)(b) 3,143
or (c) of this section, the employer's account is ineligible for 3,144
any additional transfers under division (A)(2) until the account 3,145
requalifies for a transfer pursuant to division (A)(2)(a) of this 3,146
section. 3,147
(B) Any employer may make voluntary payments in addition 3,149
76
to the contributions required under this chapter, in accordance 3,150
with rules established by the administrator. Such payments shall 3,151
be included in the employer's account as of the computation date, 3,152
provided they are received by the bureau of employment services 3,153
by the thirty-first day of December following such computation 3,154
date. Such voluntary payment, when accepted from an employer, 3,155
will not be refunded in whole or in part. In determining whether 3,156
an employer's account has a positive balance on two consecutive 3,157
computation dates and is eligible for transfers under division 3,158
(A)(2) of this section, the administrator shall exclude any 3,159
voluntary payments made subsequent to the last transfer made 3,160
under division (A)(2) of this section. 3,161
(C) All contributions to the fund shall be pooled and 3,163
available to pay benefits to any individual entitled to benefits 3,164
irrespective of the source of such contributions. 3,165
(D)(1) For the purposes of this section and sections 3,167
4141.241 and 4141.242 of the Revised Code, an employer's account 3,168
shall be charged only for benefits based on remuneration paid by 3,169
such employer. Benefits paid to an eligible individual shall be 3,170
charged against the account of each employer within the 3,171
claimant's base period in the proportion to which wages 3,172
attributable to each employer of the claimant bears to the 3,173
claimant's total base period wages. Charges to the account of a 3,174
base period employer with whom the claimant is employed part-time 3,175
at the time the claimant's application for a determination of 3,177
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 3,178
(a) The claimant also worked part-time for the employer 3,180
during the base period of the claim. 3,181
(b) The claimant is unemployed due to loss of other 3,183
employment. 3,184
(c) The employer is not a reimbursing employer under 3,187
section 4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, 3,189
77
charges to the account of any employer, including any reimbursing 3,190
employer, shall be charged to the mutualized account if it 3,191
finally is determined by a court on appeal that the employer's 3,192
account is not chargeable for the benefits.
(3) ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28 3,194
OF THE REVISED CODE PRIOR TO A FINAL DETERMINATION OF THE 3,196
CLAIMANT'S RIGHT TO THE BENEFITS SHALL BE CHARGED TO THE 3,198
EMPLOYER'S ACCOUNT AS PROVIDED IN DIVISION (D)(1) OF THIS 3,199
SECTION, PROVIDED THAT IF THERE IS NO FINAL DETERMINATION OF THE 3,200
CLAIM BY THE SUBSEQUENT THIRTIETH DAY OF JUNE, THE EMPLOYER'S 3,201
ACCOUNT SHALL BE CREDITED WITH THE TOTAL AMOUNT OF BENEFITS THAT 3,202
HAS BEEN PAID PRIOR TO THAT DATE, BASED ON THE DETERMINATION THAT 3,203
HAS NOT BECOME FINAL. THE TOTAL AMOUNT CREDITED TO THE 3,204
EMPLOYER'S ACCOUNT SHALL BE CHARGED TO A SUSPENSE ACCOUNT, WHICH 3,205
SHALL BE MAINTAINED AS A SEPARATE BOOKKEEPING ACCOUNT AND 3,206
ADMINISTERED AS A PART OF THIS SECTION, AND SHALL NOT BE USED IN 3,207
DETERMINING THE ACCOUNT BALANCE OF THE EMPLOYER FOR THE PURPOSE 3,208
OF COMPUTING THE EMPLOYER'S CONTRIBUTION RATE UNDER SECTION 3,209
4141.25 OF THE REVISED CODE.
IF IT IS FINALLY DETERMINED THAT THE CLAIMANT IS ENTITLED 3,211
TO ALL OR A PART OF THE BENEFITS IN DISPUTE, THE SUSPENSE ACCOUNT 3,212
SHALL BE CREDITED AND THE APPROPRIATE EMPLOYER'S ACCOUNT CHARGED 3,213
WITH THE BENEFITS. IF IT IS FINALLY DETERMINED THAT THE CLAIMANT 3,214
IS NOT ENTITLED TO ALL OR ANY PORTION OF THE BENEFITS IN DISPUTE, 3,215
THE BENEFITS SHALL BE CREDITED TO THE SUSPENSE ACCOUNT AND A 3,216
CORRESPONDING CHARGE MADE TO THE MUTUALIZED ACCOUNT ESTABLISHED 3,217
IN DIVISION (B) OF SECTION 4141.25 OF THE REVISED CODE, PROVIDED 3,220
THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF BENEFITS 3,221
ARE CHARGEABLE TO AN EMPLOYER OR GROUP OF EMPLOYERS WHO IS 3,222
REQUIRED OR ELECTS TO MAKE PAYMENTS TO THE FUND IN LIEU OF 3,223
CONTRIBUTIONS UNDER SECTION 4141.241 OF THE REVISED CODE, THE 3,225
BENEFITS SHALL BE CHARGED TO THE EMPLOYER'S ACCOUNT IN THE MANNER 3,226
PROVIDED IN DIVISION (D)(1) OF THIS SECTION AND DIVISION (B) OF 3,228
SECTION 4141.241 OF THE REVISED CODE, AND NO PART OF THE BENEFITS 3,230
78
MAY BE CHARGED TO THE SUSPENSE ACCOUNT PROVIDED IN THIS SECTION. 3,231
TO THE EXTENT THAT BENEFITS THAT HAVE BEEN PAID TO A 3,234
CLAIMANT AND CHARGED TO THE EMPLOYER'S ACCOUNT ARE FOUND NOT TO 3,235
BE DUE THE CLAIMANT AND ARE RECOVERED BY THE ADMINISTRATOR AS 3,236
PROVIDED IN SECTION 4141.35 OF THE REVISED CODE, THEY SHALL BE 3,237
CREDITED TO THE EMPLOYER'S ACCOUNT. 3,239
(4) The administrator shall notify each employer at least 3,241
once each month of the benefits charged to the employer's account 3,243
since the last preceding notice; except that for the purposes of 3,244
sections 4141.241 and 4141.242 of the Revised Code which provides 3,245
the billing of employers on a payment in lieu of a contribution 3,246
basis, the administrator may prescribe a quarterly or less 3,247
frequent notice of benefits charged to the employer's account. 3,248
Such notice will show a summary of the amount of benefits paid 3,249
which were charged to the employer's account. This notice shall 3,250
not be deemed a determination of the claimant's eligibility for 3,251
benefits. Any employer so notified, however, may file within 3,253
fifteen days after the mailing date of the notice, an exception 3,254
to charges appearing on the notice on the grounds that such 3,255
charges are not in accordance with this section. The 3,256
administrator shall promptly examine the exception to such 3,257
charges and shall notify the employer of the administrator's 3,258
decision thereon, which decision shall become final unless 3,259
appealed to the unemployment compensation review commission in 3,260
the manner provided in section 4141.26 of the Revised Code. For 3,261
the purposes of this division, an exception is considered timely 3,262
filed when it has been received as provided in division (I)(2) of 3,263
section 4141.28 of the Revised Code. 3,264
(E) The administrator shall terminate and close the 3,266
account of any contributory employer who has been subject to this 3,267
chapter if the enterprise for which the account was established 3,268
is no longer in operation and it has had no payroll and its 3,269
account has not been chargeable with benefits for a period of 3,270
five consecutive years. The amount of any positive balance, 3,271
79
computed as provided in division (A)(3) of section 4141.25 of the 3,273
Revised Code, in an account closed and terminated as provided in
this section shall be credited to the mutualized account as 3,274
provided in division (B)(2)(b) of section 4141.25 of the Revised 3,276
Code. The amount of any negative balance, computed as provided
in division (A)(3) of section 4141.25 of the Revised Code, in an 3,278
account closed and terminated as provided in this section shall
be charged to the mutualized account as provided in division 3,279
(B)(1)(b) of section 4141.25 of the Revised Code. The amount of 3,281
any positive balance or negative balance, credited or charged to 3,282
the mutualized account after the termination and closing of an 3,283
employer's account, shall not thereafter be considered in 3,284
determining the contribution rate of such employer. The closing 3,285
of an employer's account as provided in this division shall not 3,286
relieve such employer from liability for any unpaid contributions 3,287
or payment in lieu of contributions which are due for periods 3,288
prior to such closing. 3,289
If the administrator finds that a contributory employer's 3,291
business is closed solely because of the entrance of one or more 3,292
of the owners, officers, or partners, or the majority 3,293
stockholder, into the armed forces of the United States, or any 3,294
of its allies, or of the United Nations after July 1, 1950, such 3,295
employer's account shall not be terminated and if the business is 3,296
resumed within two years after the discharge or release of such 3,297
persons from active duty in the armed forces, the employer's 3,298
experience shall be deemed to have been continuous throughout 3,299
such period. The reserve ratio of any such employer shall be the 3,300
total contributions paid by such employer minus all benefits, 3,301
including benefits paid to any individual during the period such 3,302
employer was in the armed forces, based upon wages paid by the 3,303
employer prior to the employer's entrance into the armed forces 3,305
divided by the average of the employer's annual payrolls for the 3,306
three most recent years during the whole of which the employer 3,308
has been in business.
80
(F) If an employer transfers the employer's business or 3,310
otherwise reorganizes such business, the successor in interest 3,311
shall assume the resources and liabilities of such employer's 3,312
account, and continue the payment of all contributions, or 3,313
payments in lieu of contributions, due under this chapter. If an 3,314
employer acquires substantially all of the assets in a trade or 3,315
business of another employer, or a clearly segregable and 3,316
identifiable portion of an employer's enterprise, and immediately 3,317
after the acquisition employs in the employer's trade or business 3,318
substantially the same individuals who immediately prior to the 3,320
acquisition were employed in the trade or business or in the 3,321
separate unit of such trade or business of such predecessor 3,322
employer, then, upon application to the administrator signed by 3,323
the predecessor employer and the acquiring employer, the employer 3,324
acquiring such enterprise is the successor in interest. In the 3,325
case of a transfer of a portion of an employer's enterprise, only 3,326
that part of the experience with unemployment compensation and 3,327
payrolls that is directly attributable to the segregated and 3,328
identifiable part shall be transferred and used in computing the 3,329
contribution rate of the successor employer on the next 3,330
computation date. The administrator by rule may prescribe 3,331
procedures for effecting transfers of experience as provided for 3,332
in this section.
(G) For the purposes of this section, two or more 3,334
employers who are parties to or the subject of a merger, 3,335
consolidation, or other form of reorganization effecting a change 3,336
in legal identity or form are deemed to be a single employer if 3,337
the administrator finds that immediately after such change the 3,338
employing enterprises of the predecessor employers are continued 3,339
solely through a single employer as successor thereto, and 3,340
immediately after such change such successor is owned or 3,341
controlled by substantially the same interests as the predecessor 3,342
employers, and the successor has assumed liability for all 3,343
contributions required of the predecessor employers, and the 3,344
81
consideration of such two or more employers as a single employer 3,345
for the purposes of this section would not be inequitable. 3,346
(H) No rate of contribution less than two and seven-tenths 3,349
per cent shall be permitted a contributory employer succeeding to 3,350
the experience of another contributory employer pursuant to this 3,351
section for any period subsequent to such succession, except in 3,352
accordance with rules prescribed by the administrator, which 3,353
rules shall be consistent with federal requirements for 3,354
additional credit allowance in section 3303 of the "Internal 3,355
Revenue Code of 1954" and consistent with this chapter, except 3,356
that such rules may establish a computation date for any such 3,357
period different from the computation date generally prescribed 3,358
by this chapter, and may define "calendar year" as meaning a 3,359
twelve consecutive month period ending on the same day of the 3,360
year as that on which such computation date occurs. 3,361
(I) The administrator may prescribe rules for the 3,363
establishment, maintenance, and dissolution of common 3,364
contribution rates for two or more contributory employers, and in 3,365
accordance with such rules and upon application by two or more 3,366
employers shall establish such common rate to be computed by 3,367
merging the several contribution rate factors of such employers 3,368
for the purpose of establishing a common contribution rate 3,369
applicable to all such employers. 3,370
Sec. 4141.241. (A)(1) Any nonprofit organization 3,379
described in division (X) of section 4141.01 of the Revised Code, 3,380
which becomes subject to this chapter on or after January 1, 3,381
1972, shall pay contributions under section 4141.25 of the 3,382
Revised Code, unless it elects, in accordance with this division, 3,383
to pay to the administrator of employment services for deposit in 3,384
the unemployment compensation fund an amount in lieu of 3,385
contributions equal to the amount of regular benefits plus one 3,386
half of extended benefits paid from that fund that is 3,387
attributable to service in the employ of the nonprofit 3,388
organization to individuals whose service, during the base period 3,389
82
of the claims, was within the effective period of such election. 3,390
(2) Any nonprofit organization which becomes subject to 3,392
this chapter after January 1, 1972, may elect to become liable 3,393
for payments in lieu of contributions for a period of not less 3,394
than the remainder of that calendar year and the next calendar 3,395
year, beginning with the date on which such subjectivity begins, 3,396
by filing a written notice of its election with the administrator 3,397
not later than thirty days immediately following the date of the 3,398
determination of such subjectivity. 3,399
(3) Any nonprofit organization which makes an election in 3,401
accordance with this division will continue to be liable for 3,402
payments in lieu of contributions for the period described in 3,403
this division and until it files with the administrator a written 3,404
notice terminating its election. The notice shall be filed not 3,405
later than thirty days prior to the beginning of the calendar 3,406
year for which the termination is to become effective. 3,407
(4) Any nonprofit organization which has been paying 3,409
contributions for a period subsequent to January 1, 1972, may 3,410
change to a reimbursable basis by filing with the administrator, 3,411
not later than thirty days prior to the beginning of any calendar 3,412
year, a written notice of election to become liable for payments 3,413
in lieu of contributions. The election shall not be terminable 3,414
by the organization during that calendar year and the next 3,415
calendar year. 3,416
(5) The administrator, in accordance with any rules the 3,418
administrator prescribes, shall notify each nonprofit 3,419
organization of any determination which the administrator may 3,421
make of its status as an employer and of the effective date of 3,423
any election which it makes and of any termination of the 3,424
election. Any determinations shall be subject to 3,425
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 3,426
(B) Except as provided in division (I) of section 4141.29 3,428
of the Revised Code, benefits based on service with a nonprofit 3,429
83
organization granted a reimbursing status under this section 3,430
shall be payable in the same amount, on the same terms, and 3,431
subject to the same conditions, as benefits payable on the basis 3,432
of other service subject to this chapter. Payments in lieu of 3,433
contributions shall be made in accordance with this division and 3,434
division (D) of section 4141.24 of the Revised Code. 3,435
(1)(a) At the end of each calendar quarter, or at the end 3,437
of any other period as determined by the administrator under 3,438
division (D)(3)(4) of section 4141.24 of the Revised Code, the 3,439
administrator shall bill each nonprofit organization or group of 3,440
such organizations which has elected to make payments in lieu of 3,441
contributions for an amount equal to the full amount of regular 3,442
benefits plus one half of the amount of extended benefits paid 3,443
during such quarter or other prescribed period which is 3,444
attributable to service in the employ of such organization. 3,445
(b) In the computation of the amount of benefits to be 3,447
charged to employers liable for payments in lieu of 3,448
contributions, all benefits attributable to service described in 3,449
division (B)(1)(a) of this section shall be computed and charged 3,450
to such organization as described in division (D) of section 3,451
4141.24 of the Revised Code, and, except as provided in division 3,452
(D)(2) of section 4141.24 of the Revised Code, no portion of the 3,454
amount may be charged to the mutualized account established by 3,455
division (B) of section 4141.25 of the Revised Code. 3,456
(c) The administrator may prescribe regulations under 3,458
which organizations, which have elected to make payments in lieu 3,459
of contributions may request permission to make such payments in 3,460
equal installments throughout the year with an adjustment at the 3,461
end of the year for any excess or shortage of the amount of such 3,462
installment payments compared with the total amount of benefits 3,463
actually charged the organization's account during the year. In 3,464
making any adjustment, where the total installment payments are 3,465
less than the actual benefits charged, the organization shall be 3,466
liable for payment of the unpaid balance in accordance with 3,467
84
division (B)(2) of this section. If the total installment 3,468
payments exceed the actual benefits charged, all or part of the 3,469
excess may, at the discretion of the administrator, be refunded 3,470
or retained in the fund as part of the payments which may be 3,471
required in the next year. 3,472
(2) Payment of any bill rendered under division (B)(1) of 3,474
this section shall be made not later than thirty days after the 3,475
bill was mailed to the last known address of the organization or 3,476
was otherwise delivered to it, unless there has been an 3,477
application for review and redetermination in accordance with 3,478
division (B)(4) of this section. 3,479
(3) Payments made by an organization under this section 3,481
shall not be deducted or deductible, in whole or in part, from 3,482
the remuneration of individuals in the employ of the 3,483
organization. 3,484
(4) An organization may file an application for review and 3,486
redetermination of the amounts appearing on any bill rendered to 3,487
such organization under division (B)(1) of this section. The 3,488
application shall be filed and determined under division 3,490
(D)(3)(4) of section 4141.24 of the Revised Code. 3,491
(5) Past due payments of amounts in lieu of contributions 3,493
shall be subject to the same interest rates and collection 3,494
procedures that apply to past due contributions under sections 3,495
4141.23 and 4141.27 of the Revised Code. In case of failure to 3,496
file a required quarterly report within the time prescribed by 3,497
the administrator, the nonprofit organization shall be subject to 3,498
a forfeiture pursuant to section 4141.20 of the Revised Code for 3,499
each quarterly report that is not timely filed. 3,500
All interest and forfeitures collected under this division 3,502
shall be paid into the unemployment compensation special 3,503
administrative fund as provided in section 4141.11 of the Revised 3,504
Code. 3,505
(6) All payments in lieu of contributions collected under 3,507
this section shall be paid into the unemployment compensation 3,508
85
fund as provided in section 4141.09 of the Revised Code. Any 3,509
refunds of such payments shall be paid from the unemployment 3,510
compensation fund, as provided in section 4141.09 of the Revised 3,511
Code. 3,512
(C)(1) Any nonprofit organization, or group of such 3,514
organizations approved under division (D) of this section, that 3,516
elects to become liable for payments in lieu of contributions 3,517
shall be required within thirty days after the effective date of 3,518
its election, to execute and file with the administrator a surety 3,519
bond approved by the administrator or it may elect instead to 3,520
deposit with the administrator approved municipal or other bonds, 3,521
or approved securities, or a combination thereof, or other forms 3,522
of collateral security approved by the administrator. 3,523
(2)(a) The amount of the bond or deposit required shall be 3,525
equal to three per cent of the organization's wages paid for 3,526
employment as defined in section 4141.01 of the Revised Code that 3,527
would have been taxable had the organization been a subject 3,528
employer during the four calendar quarters immediately preceding 3,529
the effective date of the election, or the amount established by 3,531
the administrator within the limitation provided in division 3,532
(C)(2)(d) of this section, whichever is the less. The effective 3,533
date of the amount of the bond or other collateral security 3,534
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 3,535
shall be the renewal date in the case of a bond or the biennial 3,537
anniversary of the effective date of election in the case of 3,538
deposit of securities or other forms of collateral security 3,539
approved by the administrator, whichever date shall be most 3,540
recent and applicable. If the nonprofit organization did not pay 3,541
wages in each of such four calendar quarters, the amount of the 3,542
bond or deposit shall be as determined by the administrator under 3,543
regulations prescribed for this purpose. 3,544
(b) Any bond or other form of collateral security approved 3,546
by the administrator deposited under this division shall be in 3,547
86
force for a period of not less than two calendar years and shall 3,548
be renewed with the approval of the administrator, at such times 3,549
as the administrator may prescribe, but not less frequently than 3,550
at two year intervals as long as the organization continues to be 3,551
liable for payments in lieu of contributions. The administrator 3,552
shall require adjustments to be made in a previously filed bond 3,553
or other form of collateral security as the administrator 3,555
considers appropriate. If the bond or other form of collateral 3,556
security is to be increased, the adjusted bond or collateral 3,557
security shall be filed by the organization within thirty days of 3,558
the date that notice of the required adjustment was mailed or 3,559
otherwise delivered to it. Failure by any organization covered 3,560
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 3,561
applicable interest provided for in division (B)(5) of this 3,562
section, shall render the surety liable on the bond or collateral 3,563
security to the extent of the bond or collateral security, as 3,564
though the surety was the organization. 3,565
(c) Any securities accepted in lieu of surety bond by the 3,567
administrator shall be deposited with the treasurer of state who 3,568
shall have custody thereof and retain the same in the treasurer 3,570
of state's possession, or release them, according to conditions
prescribed by regulations of the administrator. Income from the 3,572
securities, held in custody by the treasurer of state, shall 3,573
accrue to the benefit of the depositor and shall be distributed 3,574
to the depositor in the absence of any notification from the 3,575
administrator that the depositor is in default on any payment 3,576
owed to the bureau of employment services. The administrator may 3,577
require the sale of any such bonds to the extent necessary to 3,578
satisfy any unpaid payments in lieu of contributions, together 3,579
with any applicable interest or forfeitures provided for in 3,580
division (B)(5) of this section. The administrator shall require 3,581
the employer within thirty days following any sale of deposited 3,582
securities, under this subdivision, to deposit additional 3,583
87
securities, surety bond or combination of both, to make whole the 3,584
employer's security deposit at the approved level. Any cash 3,585
remaining from the sale of such securities may, at the discretion 3,586
of the administrator, be refunded in whole or in part, or be paid 3,587
into the unemployment compensation fund to cover future payments 3,588
required of the organization. 3,589
(d) The required bond or deposit for any nonprofit 3,591
organization, or group of such organizations approved by the 3,592
administrator under division (D) of this section, that is 3,593
determined by the administrator to be liable for payments in lieu 3,594
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 3,595
deposit for any renewed elections under division (C)(2)(b) of 3,596
this section effective during that period shall not exceed one 3,597
million two hundred fifty thousand dollars. The required bond or 3,598
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 3,599
this section, that is determined to be liable for payments in 3,600
lieu of contributions effective on and after January 1, 1998, and 3,601
the required bond or deposit for any renewed elections effective 3,602
on and after January 1, 1998, shall not exceed two million 3,603
dollars.
(3) If any nonprofit organization fails to file a bond or 3,605
make a deposit, or to file a bond in an increased amount or to 3,606
make whole the amount of a previously made deposit, as provided 3,607
under this division, the administrator may terminate the 3,608
organization's election to make payments in lieu of contributions 3,609
effective for the quarter following such failure and the 3,610
termination shall continue for not less than the remainder of 3,611
that calendar year and the next calendar year, beginning with the 3,612
quarter in which the termination becomes effective; except that 3,613
the administrator may extend for good cause the applicable 3,614
filing, deposit or adjustment period by not more than thirty 3,615
days. 3,616
88
(D)(1) Two or more nonprofit organizations that have 3,618
become liable for payments in lieu of contributions, in 3,619
accordance with division (A) of this section, may file a joint 3,620
application to the administrator for the establishment of the 3,621
group account for the purpose of sharing the cost of benefits 3,622
paid that are attributable to service in the employ of those 3,623
employers. Notwithstanding division (E) of section 4141.242 of 3,624
the Revised Code, hospitals operated by this state or a political 3,625
subdivision may participate in a group account with nonprofit 3,626
organizations under the procedures set forth in this section. 3,627
Each application shall identify and authorize a group 3,628
representative to act as the group's agent for the purposes of 3,629
this division. 3,630
(2) Upon the administrator's approval of the application, 3,632
the administrator shall establish a group account for the 3,633
employers effective as of the beginning of the calendar quarter 3,634
in which the administrator receives the application and shall 3,635
notify the group's representative of the effective date of the 3,636
account. The account shall remain in effect for not less than 3,637
two years and thereafter until terminated by the administrator or 3,638
upon application by the group. 3,639
(3) Upon establishment of the account, each member of the 3,641
group shall be liable, in the event that the group representative 3,642
fails to pay any bill issued to it pursuant to division (B) of 3,643
this section, for payments in lieu of contributions with respect 3,644
to each calendar quarter in the amount that bears the same ratio 3,645
to the total benefits paid in the quarter that are attributable 3,646
to service performed in the employ of all members of the group as 3,647
the total wages paid for service in employment by the member in 3,648
the quarter bear to the total wages paid during the quarter for 3,649
service performed in the employ of all members of the group. 3,650
(4) The administrator shall adopt regulations as 3,652
considered necessary with respect to the following: applications 3,653
for establishment, bonding, maintenance, and termination of group 3,654
89
accounts that are authorized by this section; addition of new 3,655
members to and withdrawal of active members from such accounts; 3,656
and the determination of the amounts that are payable under this 3,657
division by the group representative and in the event of default 3,658
in payment by the group representative, members of the group, and 3,659
the time and manner of payments. 3,660
Sec. 4141.28. (A) Applications for determination of 3,669
benefit rights and claims for benefits shall be filed with a 3,670
deputy of the administrator of the bureau of employment services 3,671
designated for the purpose. Such applications and claims may 3,672
also be filed with an employee of another state or federal agency 3,673
charged with the duty of accepting applications and claims for 3,674
unemployment benefits or with an employee of the unemployment 3,675
insurance commission of Canada. 3,676
When a former employee of a state agency, board, or 3,678
commission that has terminated its operations files an 3,679
application under this division, the former employee shall give 3,680
notice that the agency, board, or commission has terminated its 3,681
operations. All notices or information required to be sent under 3,682
this chapter to or furnished by the applicant's employer shall be 3,683
sent to or furnished by the director of administrative services. 3,684
(B)(1) When an unemployed individual files an application 3,686
for determination of benefit rights, the administrator shall 3,687
furnish the individual with the information specified in division 3,689
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,690
giving instructions for the steps an applicant may take if the 3,691
applicant's claim for benefits is disallowed. The pamphlet 3,693
INSTRUCTIONS shall state the applicant's right of appeal, clearly 3,695
describe the different levels of appeal, and explain where and 3,696
when each appeal must be filed. In filing an application, the 3,697
individual shall, for the individual's most recent employment, 3,698
furnish the administrator with either:
(a) The information furnished by the employer as provided 3,700
for in division (B)(2) of this section; 3,701
90
(b) The name and address of the employer for whom the 3,703
individual performed services and the individual's written 3,704
statement of the reason for separation from the employer. 3,705
Where the claimant has furnished information in accordance 3,707
with division (B)(1)(b) of this section, the administrator shall 3,709
promptly send a notice in writing that such filing has been made 3,710
to the individual's most recent separating employer, which notice 3,711
shall request from the employer the reason for the individual's 3,712
unemployment, EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN 3,713
DIVISION (B)(5) OF THIS SECTION. The administrator also may 3,716
request from any base period employer information necessary for
the determination of the claimant's rights to benefits. 3,718
Information as to the reason for unemployment preceding an 3,719
additional claim shall be obtained in the same manner. Requests 3,720
REQUESTS for such information shall be dated by the 3,723
administrator with the date on which they are mailed. If the 3,724
employer fails to mail or deliver such information within ten 3,725
working days from the date the administrator mailed and dated 3,726
such request, and if necessary to assure prompt payment of 3,728
benefits when due, the administrator shall make the 3,729
determination, and shall base the determination on such 3,730
information as is available to the administrator, which shall 3,731
include the claimant's statement made under division (B)(1)(b) of 3,733
this section. The
THE determination, as it relates to the claimant's 3,736
determination of benefit rights, shall be amended upon receipt of 3,737
correct remuneration information at any time within the benefit 3,738
year and any benefits paid and charged to an employer's account 3,739
prior to the receipt of such information shall be adjusted, 3,740
effective as of the beginning of the claimant's benefit year. 3,741
(2) An employer who separates within any seven-day period 3,743
fifty or more individuals because of lack of work, and these 3,744
individuals upon separation will be unemployed as defined in 3,745
division (R) of section 4141.01 of the Revised Code, shall 3,746
91
furnish notice to the administrator of the dates of separation 3,747
and the approximate number of individuals being separated. The 3,748
notice shall be furnished at least three working days prior to 3,749
the date of the first day of such separations. In addition, at 3,750
the time of separation the employer shall furnish to the 3,751
individual being separated or to the administrator separation 3,752
information necessary to determine the individual's eligibility, 3,753
on forms and in a manner approved by the administrator. 3,754
An employer who operates multiple business establishments 3,756
at which both the effective authority for hiring and separation 3,757
of employees and payroll information is located and who, because 3,758
of lack of work, separates a total of fifty or more individuals 3,759
at two or more business establishments is exempt from the first 3,760
paragraph of division (B)(2) of this section. This paragraph 3,761
shall not be construed to relieve an employer who operates 3,762
multiple business establishments from complying with division 3,763
(B)(2) of this section where the employer separates fifty or more 3,764
individuals at any business establishment within a seven-day 3,765
period. 3,766
An employer of individuals engaged in connection with the 3,768
commercial canning or commercial freezing of fruits and 3,769
vegetables is exempt from the provision of division (B)(2) of 3,770
this section that requires an employer to furnish notice of 3,771
separation at least three working days prior to the date of the 3,772
first day of such separations. 3,773
(3) Where an individual at the time of filing an 3,775
application for determination of benefit rights furnishes 3,776
separation information provided by the employer or where the 3,777
employer has provided the administrator with the information in 3,778
accordance with division (B)(2) of this section, the 3,779
administrator shall make a determination of eligibility on the 3,780
basis of the information furnished. The administrator shall 3,781
promptly notify all interested parties under division (D)(1) of 3,782
this section of the determination. 3,783
92
(4) Where an employer has furnished separation information 3,785
under division (B)(2) of this section which is insufficient to 3,786
enable the administrator to make a determination of a claim for 3,787
benefits of an individual, or where the individual fails at the 3,788
time of filing an application for determination of benefit rights 3,789
to produce the separation information furnished by an employer, 3,790
the administrator shall follow the provisions specified in 3,791
division (B)(1) of this section. 3,792
(5) THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED 3,794
UNDER DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS 3,795
TRUE WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR 3,796
DETERMINATION OF BENEFIT RIGHTS: 3,797
(a) THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A 3,799
PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE 3,800
DISQUALIFIED FROM RECEIVING BENEFITS; 3,801
(b) THE INDIVIDUAL'S EMPLOYER INDICATES TO THE 3,803
ADMINISTRATOR THAT THE NOTICE IS NOT NEEDED; 3,804
(c) THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE 3,806
INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK, 3,807
THE ADMINISTRATOR RECEIVED INFORMATION REGARDING THE SEPARATIONS 3,809
PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND THE REASON FOR 3,810
THE SEPARATION IS NOT DISPUTED.
(C) The administrator shall promptly examine any 3,813
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator shall determine 3,814
whether or not the application is valid, and if valid, the date 3,816
on which the benefit year shall commence and the weekly benefit
amount. The claimant, the most recent employer, and any other 3,817
employer in the claimant's base period shall promptly be notified 3,819
of the determination and the reasons therefor. In addition, the 3,820
determination issued to the claimant shall include the total 3,821
amount of benefits payable, and the determination issued to each 3,822
chargeable base period employer shall include the total amount of 3,823
benefits which may be charged to the employer's account. 3,824
93
(D)(1) The administrator shall examine the first claim for 3,827
benefits filed in any benefit year, and any additional claim, and 3,828
on the basis of any facts found by the administrator shall 3,829
determine whether division (D) of section 4141.29 of the Revised 3,830
Code is applicable to the claimant's most recent separation and, 3,831
to the extent necessary, prior separations from work, and whether 3,832
the separation reason is qualifying or disqualifying for the 3,833
ensuing period of unemployment. Notice of such determination 3,834
shall be mailed to the claimant, the claimant's most recent 3,835
separating employer, and any other employer involved in the 3,836
determination.
(a) Whenever the administrator has reason to believe that 3,838
the unemployment of twenty-five or more individuals relates to a 3,839
labor dispute, the administrator, within five calendar days after 3,841
their claims are filed, shall schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to 3,842
all interested parties, including the duly authorized 3,843
representative of the parties, as provided in division (D)(1) of 3,844
this section. The hearing date shall be scheduled so as to 3,845
provide at least ten days' prior notice of the time and date of 3,846
the hearing. A similar hearing, in such cases, may be scheduled 3,847
when there is a dispute as to the duration or ending date of the 3,848
labor dispute. 3,849
(b) The administrator shall appoint a hearing officer to 3,851
conduct the hearing of the case under division (D)(1)(a) of this 3,852
section. The hearing officer is not bound by common law or 3,853
statutory rules of evidence or by technical or formal rules of 3,854
procedure, but shall take any steps that are reasonable and 3,855
necessary to obtain the facts and determine whether the claimants 3,856
are entitled to benefits under the law. The failure of any 3,857
interested party to appear at the hearing shall not preclude a 3,858
decision based upon all the facts available to the hearing 3,859
officer. The proceeding at the hearing shall be recorded by 3,860
mechanical means or by other means prescribed by the 3,861
94
administrator. The record need not be transcribed unless an 3,862
application for appeal is filed on the decision and the 3,863
chairperson of the unemployment compensation review commission 3,865
requests a transcript of the hearing within fourteen days after 3,866
the application for appeal is received by the commission. The 3,867
administrator shall prescribe rules concerning the conduct of the 3,869
hearings and all related matters and appoint an attorney to 3,870
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,872
decisions and reasons therefor on the case within ten calendar 3,873
days after the hearing. The hearing officer's decision issued by 3,874
the administrator is final unless an application for appeal is 3,875
filed with the review commission within twenty-one days after the 3,877
decision was mailed to all interested parties. The 3,878
administrator, within the twenty-one-day appeal period, may 3,879
remove and vacate the decision and issue a revised determination 3,881
and appeal date.
(d) Upon receipt of the application for appeal, the full 3,883
review commission shall review the administrator's decision and 3,885
either schedule a further hearing on the case or disallow the 3,886
application. The review commission shall review the 3,887
administrator's decision within fourteen days after receipt of 3,888
the decision or the receipt of a transcript requested under 3,889
division (D)(1)(b) of this section, whichever is later. 3,890
(i) When a further hearing is granted, the commission 3,892
shall make the administrator's decision and record of the case, 3,894
as certified by the administrator, a part of the record and shall 3,895
consider the administrator's decision and record in arriving at a 3,896
decision on the case. The commission's decision affirming, 3,898
modifying, or reversing the administrator's decision, following 3,899
the further appeal, shall be mailed to all interested parties 3,900
within fourteen days after the hearing. 3,901
(ii) A decision of the disallowance of a further appeal 3,903
shall be mailed to all interested parties within fourteen days 3,904
95
after the commission makes the decision to disallow. The 3,905
disallowance is deemed an affirmation of the administrator's 3,907
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,909
(b), (c), and (d) of this section may be extended by agreement of 3,910
all interested parties or for cause beyond the control of the 3,911
administrator or the commission. 3,912
(e) An appeal of the commission's decision issued under 3,914
division (D)(1)(d) of this section may be taken to the court of 3,915
common pleas as provided in division (O) of this section. 3,916
(f) A labor dispute decision involving fewer than 3,918
twenty-five individuals shall be determined under division (D)(1) 3,919
of this section and the review commission shall determine any 3,921
appeal from the decision pursuant to division (M) of this section 3,922
and within the time limits provided in division (D)(1)(d) of this 3,923
section. 3,924
(2) The determination of a first or additional claim, 3,926
including the reasons therefor, shall be mailed to the claimant, 3,927
the claimant's most recent separating employer, and any other 3,928
employer involved in the determination. 3,929
When the determination of a continued claim results in a 3,932
disallowed claim, the administrator shall notify the claimant of 3,933
such disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable 3,935
to unemployment caused by a major disaster, as declared by the 3,936
president of the United States pursuant to the "Disaster Relief 3,937
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,938
filing the claim would otherwise have been eligible for disaster 3,939
unemployment assistance under that act, then upon application by 3,940
the employer any benefits paid on the claim shall not be charged 3,941
to the account of the employer who would have been charged on 3,942
such claim but instead shall be charged to the mutualized account 3,943
described in section 4141.25 of the Revised Code, provided that 3,944
this division is not applicable to an employer electing 3,945
96
reimbursing status under section 4141.241 of the Revised Code, 3,946
except reimbursing employers for whom benefit charges are charged 3,947
to the mutualized account pursuant to division (D)(2) of section 3,949
4141.24 of the Revised Code. 3,950
(4)(a) An individual filing a new claim for unemployment 3,952
compensation shall disclose, at the time of filing, whether or 3,953
not the individual owes child support obligations. In such a 3,954
case, the administrator shall notify the state or local child 3,955
support enforcement agency enforcing the obligation only if the 3,956
claimant has been determined to be eligible for unemployment 3,957
compensation. 3,958
(b) The administrator shall deduct and withhold from 3,960
unemployment compensation payable to an individual who owes child 3,961
support obligations: 3,962
(i) Any amount required to be deducted and withheld from 3,964
the unemployment compensation pursuant to legal process, as that 3,965
term is defined in section 459(i)(5) of the "Social Security 3,966
Act," as amended by the "Personal Responsibility and Work 3,967
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 3,968
U.S.C. 659, and properly served upon the administrator, as 3,969
described in division (D)(4)(c) of this section; or 3,970
(ii) Where division (D)(4)(b)(i) of this section is 3,972
inapplicable, in the amount determined pursuant to an agreement 3,973
submitted to the administrator under section 454(19)(B)(i) of the 3,975
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
by the state or local child support enforcement agency; or 3,976
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,978
section is applicable, then in the amount specified by the 3,979
individual. 3,980
(c) The administrator shall receive all legal process 3,983
described in division (D)(4)(b)(i) of this section from each 3,984
local child support enforcement agency, which legal process was 3,985
issued by the agency under section 2301.371 of the Revised Code 3,986
or otherwise was issued by the agency. The processing of cases 3,987
97
under part D of Title IV of the "Social Security Act," 88 Stat. 3,988
2351 (1975), 42 U.S.C.A. 651, as amended, shall be determined 3,989
pursuant to agreement between the administrator and the state 3,990
department of human services. The department shall pay, pursuant 3,991
to that agreement, all of the costs of the bureau of employment 3,992
services that are associated with a deduction and withholding 3,993
under division (D)(4)(b)(i) and (ii) of this section. 3,994
(d) The amount of unemployment compensation subject to 3,996
being withheld pursuant to division (D)(4)(b) of this section is 3,997
that amount which remains payable to the individual after 3,998
application of any recoupment provisions for recovery of 3,999
overpayments and after deductions which have been made under this 4,000
chapter for deductible income received by the individual. 4,001
Effective for applications to establish unemployment compensation 4,002
benefit rights filed after December 27, 1997, the amount withheld 4,003
with respect to a week of unemployment benefits shall not exceed 4,004
fifty per cent of the individual's weekly benefit amount as 4,005
determined by the administrator.
(e) Any amount deducted and withheld under division 4,007
(D)(4)(b) of this section shall be paid to the appropriate state 4,008
or local child support enforcement agency in the following 4,009
manner: 4,010
(i) The administrator shall determine the amounts that are 4,012
to be deducted and withheld on a per county basis. 4,013
(ii) For each county, the administrator shall forward to 4,015
the local child support enforcement agency of the county, at 4,016
intervals to be determined pursuant to the agreement referred to 4,017
in division (D)(4)(c) of this section, the amount determined for 4,018
that county under division (D)(4)(e)(i) of this section for 4,019
disbursement to the obligees or assignees of such support 4,020
obligations. 4,021
(f) Any amount deducted and withheld under division 4,023
(D)(4)(b) of this section shall for all purposes be treated as if 4,024
it were paid to the individual as unemployment compensation and 4,025
98
paid by the individual to the state or local child support agency 4,026
in satisfaction of the individual's child support obligations. 4,027
(g) Division (D)(4) of this section applies only if 4,029
appropriate arrangements have been made for reimbursement by the 4,030
state or local child support enforcement agency for the 4,031
administrative costs incurred by the administrator under this 4,032
section which are associated with or attributable to child 4,033
support obligations being enforced by the state or local child 4,034
support enforcement agency. 4,035
(h) As used in division (D)(4) of this section: 4,037
(i) "Child support obligations" means only obligations 4,039
which are being enforced pursuant to a plan described in section 4,040
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 4,041
as amended, which has been approved by the United States 4,042
secretary of health and human services under part D of Title IV 4,043
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 4,044
amended. 4,045
(ii) "State child support enforcement agency" means the 4,047
department of human services, bureau of child support, designated 4,048
as the single state agency for the administration of the program 4,049
of child support enforcement pursuant to part D of Title IV of 4,050
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 4,051
amended. 4,052
(iii) "Local child support enforcement agency" means a 4,054
child support enforcement agency or any other agency of a 4,055
political subdivision of the state operating pursuant to a plan 4,056
mentioned in division (D)(4)(h)(i) of this section. 4,057
(iv) "Unemployment compensation" means any compensation 4,059
payable under this chapter including amounts payable by the 4,060
administrator pursuant to an agreement under any federal law 4,061
providing for compensation, assistance, or allowances with 4,062
respect to unemployment. 4,063
(E)(1) Any base period or subsequent employer of a 4,065
claimant who has knowledge of specific facts affecting such 4,066
99
claimant's right to receive benefits for any week may notify the 4,067
administrator in writing of such facts. The administrator shall 4,068
prescribe a form to be used for such eligibility notice, but 4,069
failure to use the prescribed form shall not preclude the 4,070
administrator's examination of any notice. 4,071
(2) An eligibility notice is timely filed if received by 4,073
the administrator or postmarked prior to or within forty-five 4,075
calendar days after the end of the week with respect to which a 4,076
claim for benefits is filed by the claimant. An employer who 4,077
does not timely file an eligibility notice shall not be an 4,078
interested party with respect to the claim for benefits which is 4,079
the subject of the notice.
(3) The administrator shall consider the information 4,082
contained in the eligibility notice, together with other facts 4,083
found by the administrator and, after giving notice to the 4,084
claimant, shall determine, unless a prior determination on the 4,085
same eligibility issue has become final, whether such claim shall 4,086
be allowed or disallowed, and shall mail notice of such 4,088
determination to the notifying employer who timely filed the 4,089
eligibility notice, to the claimant, and to other interested 4,090
parties. If the determination disallows benefits for any week in 4,091
question, the payment of benefits with respect to that week shall 4,093
be withheld pending further appeal, or an overpayment order shall 4,094
be issued by the administrator as prescribed in section 4141.35 4,095
of the Revised Code, if applicable. 4,096
(F) In making determinations, the administrator shall 4,099
follow decisions of the unemployment compensation review 4,100
commission which have become final with respect to claimants 4,101
similarly situated.
(G)(1) Until October 1, 1998, any interested party 4,104
notified of a determination of an application for determination 4,105
of benefit rights or a claim for benefits may, within twenty-one 4,106
calendar days after the notice was mailed to the party's last 4,107
known post-office address, apply in writing for a reconsideration 4,108
100
of the administrator's determination. 4,109
On and after October 1, 1998, any ANY party notified of a 4,112
determination may appeal within twenty-one calendar days after 4,113
notice was mailed to the party's last known post-office address 4,114
or within an extended period pursuant to division (Q)(P) of this 4,116
section. Upon receipt of the appeal, the administrator either 4,117
shall issue a redetermination within twenty-one days of receipt 4,118
or transfer the appeal to the commission, which shall acquire 4,119
jurisdiction over the appeal. If the administrator issues a 4,120
redetermination, the redetermination shall void the prior 4,121
determination. A redetermination under this section is
appealable to the same extent that a determination is appealable. 4,123
(2) If the administrator finds within the benefit year 4,126
that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 4,128
information as provided in division (B) of this section or any 4,129
typographical or clerical error in the administrator's 4,130
determination, the administrator shall issue a corrected 4,132
determination to all interested parties, which determination 4,133
shall take precedence over and void the prior determination of 4,134
the administrator, provided no appeal has been filed with the 4,135
commission.
(3) If benefits are allowed by the administrator in a 4,138
determination, or in a decision by a hearing officer, the review 4,139
commission, or a court, the benefits shall be paid promptly, 4,140
notwithstanding any further appeal, provided that if benefits are 4,141
denied on appeal, of which the parties have notice and an 4,142
opportunity to be heard, the payment of benefits shall be 4,144
withheld pending a decision on any further appeal. 4,145
(4) Any benefits paid to a claimant under this section 4,147
prior to a final determination of the claimant's right to the 4,148
benefits shall be charged to the employer's account as provided 4,150
in division (D) of section 4141.24 of the Revised Code, provided 4,151
that if there is no final determination of the claim by the 4,152
101
subsequent thirtieth day of June, the employer's account will be 4,153
credited with the total amount of benefits which has been paid 4,154
prior to that date, based on the determination which has not 4,155
become final. The total amount credited to the employer's 4,156
account shall be charged to a suspense account which shall be 4,157
maintained as a separate bookkeeping account and administered as 4,158
a part of section 4141.24 of the Revised Code, and shall not be 4,159
used in determining the account balance of the employer for the 4,160
purpose of computing the employer's contribution rate under 4,161
section 4141.25 of the Revised Code. If it is finally determined 4,162
that the claimant is entitled to all or a part of the benefits in 4,163
dispute, the suspense account shall be credited and the 4,164
appropriate employer's account charged with the benefits. If it 4,165
is finally determined that the claimant is not entitled to all or 4,166
any portion of the benefits in dispute, the benefits shall be 4,167
credited to the suspense account and a corresponding charge made 4,168
to the mutualized account established in division (B) of section 4,169
4141.25 of the Revised Code, provided that, except as otherwise 4,171
provided in this division, if benefits are chargeable to an 4,172
employer or group of employers who is required or elects to make 4,173
payments to the fund in lieu of contributions under section 4,174
4141.241 of the Revised Code, the benefits shall be charged to 4,175
the employer's account in the manner provided in division (D) of 4,176
section 4141.24 and division (B) of section 4141.241 of the 4,177
Revised Code, and no part of the benefits may be charged to the 4,178
suspense account provided in this division. To the extent that 4,179
benefits which have been paid to a claimant and charged to the 4,180
employer's account are found not to be due the claimant and are 4,181
recovered by the administrator as provided in section 4141.35 of 4,182
the Revised Code, they shall be credited to the employer's 4,183
account.
(H) Until October 1, 1998, any interested party may appeal 4,186
the administrator's decision on reconsideration to the commission 4,187
and unless an appeal is filed from such decision on 4,189
102
reconsideration with the commission within twenty-one calendar 4,191
days after such decision was mailed to the last known post-office 4,192
address of the appellant, or within an extended period pursuant 4,193
to division (Q) of this section, such decision on reconsideration 4,194
is final and benefits shall be paid or denied in accordance 4,195
therewith. The date of the mailing provided by the administrator 4,196
on determination or decision on reconsideration is sufficient 4,197
evidence upon which to conclude that the determination or 4,198
decision on reconsideration was mailed on that date. 4,199
On and after October 1, 1998, the THE date of the mailing 4,202
provided by the administrator on the A determination or 4,203
redetermination is sufficient evidence upon which to conclude 4,205
that the determination or redetermination was mailed on that
date. 4,206
(I) Appeals may be filed with the administrator, 4,209
commission, with an employee of another state or federal agency 4,211
charged with the duty of accepting claims, or with the 4,212
unemployment insurance commission of Canada. 4,213
(1) Any timely written notice that the interested party 4,216
desires to appeal shall be accepted.
(2) The administrator, commission, or authorized agent 4,218
must receive the appeal within the specified appeal period in 4,220
order for the appeal to be deemed timely filed, except that: 4,221
(a) If the United States postal service is used as the 4,223
means of delivery, the enclosing envelope must have a postmark 4,224
date, as governed by United States postal regulations, that is on 4,225
or before the last day of the specified appeal period; and 4,226
(b) Where the postmark date is illegible or missing, the 4,228
appeal is timely filed if received no later than the end of the 4,230
third calendar day following the last day of the specified appeal 4,231
period.
(3) The administrator may adopt rules pertaining to 4,233
alternate methods of filing appeals. 4,234
(J) When an appeal from a determination of the 4,238
103
administrator is taken to the commission at the hearing officer 4,239
level, all interested parties shall be notified, and the 4,241
commission, after affording such parties reasonable opportunity 4,243
for a fair hearing, shall affirm, modify, or reverse the 4,244
determination of the administrator in the manner that appears 4,246
just and proper. However, the commission may refer a case to the
administrator for a redetermination if the commission decides 4,247
that the case does not require a hearing. In the conduct of a 4,248
hearing by a hearing officer or any other hearing on appeal to 4,251
the commission which is provided in this section, the hearing 4,252
officers are not bound by common law or statutory rules of 4,255
evidence or by technical or formal rules of procedure. The
hearing officers shall take any steps in the hearings, consistent 4,259
with the impartial discharge of their duties, which appear 4,260
reasonable and necessary to ascertain the facts and determine 4,261
whether the claimant is entitled to benefits under the law. The 4,262
hearings shall be de novo, except that the administrator's file 4,264
pertaining to a case shall be included in the record to be 4,265
considered.
The hearing officers may conduct any such hearing in person 4,269
or by telephone. The commission shall adopt rules which 4,271
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 4,274
opportunity to object to a hearing by telephone, and govern the 4,275
conduct of hearings by telephone. An interested party whose 4,276
hearing would be by telephone pursuant to the commission rules 4,277
may elect to have an in-person hearing, provided that the party 4,278
electing the in-person hearing agrees to have the hearing at the 4,279
time and place the commission determines pursuant to rule. 4,280
(1) The failure of the claimant or other interested party 4,282
to appear at a hearing, unless the claimant or interested party 4,283
is the appealing party, shall not preclude a decision in the 4,285
claimant's or interested party's favor, if on the basis of all 4,286
the information in the record, including that contained in the 4,287
104
file of the administrator, the claimant or interested party is 4,288
entitled to the decision. 4,289
(2) If the party appealing fails to appear at the hearing, 4,291
the hearing officer shall dismiss the appeal, provided that the 4,295
hearing officer or commission shall vacate the dismissal upon a 4,297
showing that due notice of the hearing was not mailed to such 4,298
party's last known address or good cause for the failure to 4,299
appear is shown to the commission within fourteen days after the 4,302
hearing date. No further appeal from the decision may thereafter 4,303
be instituted by such party. If the other party fails to appear 4,304
at the hearing, the hearing officer shall proceed with the 4,307
hearing and shall issue a decision based on the evidence of 4,308
record, including the administrator's file. The commission shall 4,310
vacate the decision upon a showing that due notice of the hearing 4,312
was not mailed to such party's last known address or good cause 4,313
for such party's failure to appear is shown to the commission 4,315
within fourteen days after the hearing date. 4,316
(3) Where a party requests that a hearing be scheduled in 4,318
the evening because the party is employed during the day, the 4,319
commission shall schedule the hearing during such hours as the 4,322
party is not employed. 4,323
(4) The interested parties may waive, in writing, the 4,326
hearing. If the parties waive the hearing, the hearing officer 4,327
shall issue a decision based on the evidence of record, including 4,328
the administrator's file. 4,329
(K) The proceedings at the hearing before the hearing 4,331
officer, shall be recorded by mechanical means or otherwise as 4,334
may be prescribed by the commission. In the absence of further 4,335
proceedings, the record that is made need not be transcribed. 4,337
(L) All interested parties shall be notified of the 4,339
hearing officer's decision, which shall include the reasons 4,341
therefor. The hearing officer's decision shall become final 4,342
unless, within twenty-one days after the decision was mailed to 4,343
the last known post-office address of such parties, or within an 4,344
105
extended period pursuant to division (Q)(P) of this section, the 4,345
commission on its own motion removes or transfers such claim to 4,347
the review level, or upon a request for review that is filed by 4,349
an interested party and is allowed by the commission. 4,351
(M) In the conduct of a hearing by the commission or a 4,354
hearing officer at the review level, the commission and the 4,355
hearing officers are not bound by common law or statutory rules 4,356
of evidence or by technical or formal rules of procedure. The 4,357
commission and the hearing officers shall take any steps in the 4,358
hearings, consistent with the impartial discharge of their 4,359
duties, that appear reasonable and necessary to ascertain the 4,360
facts and determine whether the claimant is entitled to benefits
under the law. 4,361
(1) The review commission, or a hearing officer designated 4,364
by the commission, shall consider an appeal at the review level 4,365
under the following circumstances:
(a) When an appeal is required to be heard initially by 4,368
the commission pursuant to this chapter; 4,369
(b) When the commission on its own motion removes an 4,372
appeal within twenty-one days after a hearing officer issues the 4,373
hearing officer's decision in the case; 4,374
(c) When a hearing officer refers an appeal to the 4,377
commission within twenty-one days after the hearing officer 4,378
issues the hearing officer's decision in the case; 4,379
(d) When an interested party files a request for review 4,382
with the commission within twenty-one days after the date a 4,383
hearing officer issues the hearing officer's decision in the 4,384
case. The commission shall disallow the request for review if it 4,385
is not timely filed.
The commission may remove, and a hearing officer may refer, 4,388
appeals involving decisions of potentially precedential value. 4,389
(2) If a request for review is timely filed, the 4,391
commission shall decide whether to allow or disallow the request 4,393
for review.
106
If the request for review is disallowed, the commission 4,395
shall notify all interested parties of that fact. The 4,396
disallowance of a request for review constitutes a final decision 4,398
by the commission for purposes of appeal to court. If the 4,399
request for review is allowed, the commission shall notify all 4,400
interested parties of that fact, and the commission shall provide 4,401
a reasonable period of time, as the commission defines by rule, 4,402
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 4,403
shall do one of the following at the review level: 4,404
(a) Affirm the decision of the hearing officer; 4,407
(b) Order that the case be heard or reheard by a hearing 4,410
officer;
(c) Order that the case be heard or reheard by a hearing 4,413
officer as a potential precedential decision; 4,414
(d) Order that the decision be rewritten. 4,417
(3) The commission shall send notice to all interested 4,419
parties when it orders a case to be heard or reheard. The notice 4,421
shall include the reasons for the hearing or rehearing. If the 4,422
commission identifies an appeal as a potentially precedential 4,423
case, the commission shall notify the administrator and other 4,424
interested parties of the special nature of the hearing. 4,425
(N) Whenever the administrator and the chairperson of the 4,427
review commission determine in writing and certify jointly that a 4,429
controversy exists with respect to the proper application of this 4,430
chapter to more than five hundred claimants similarly situated 4,431
whose claims are pending before the administrator or the review 4,433
commission or both on redetermination or appeal applied for or 4,434
filed by three or more employers or by such claimants, the 4,436
chairperson of the review commission shall select one such claim 4,438
which is representative of all such claims and assign it for a 4,440
fair hearing and decision. Any other claimant or employer in the 4,441
group who makes a timely request to participate in the hearing 4,442
and decision shall be given a reasonable opportunity to 4,443
107
participate as a party to the proceeding. 4,444
Such joint certification by the administrator and the 4,446
chairperson of the commission shall constitute a stay of further 4,448
proceedings in the claims of all claimants similarly situated 4,449
until the issue or issues in controversy are adjudicated by the 4,450
supreme court of Ohio. At the time the decision of the 4,451
commission is issued, the chairperson shall certify the 4,453
commission's decision directly to the supreme court of Ohio and 4,456
the chairperson shall file with the clerk of the supreme court a 4,458
certified copy of the transcript of the proceedings before the 4,459
commission pertaining to such decision. Hearings on such issues 4,461
shall take precedence over all other civil cases. If upon 4,462
hearing and consideration of such record the court decides that 4,463
the decision of the commission is unlawful, the court shall 4,465
reverse and vacate the decision or modify it and enter final 4,466
judgment in accordance with such modification; otherwise such 4,467
court shall affirm such decision. The notice of the decision of 4,468
the commission to the interested parties shall contain a 4,470
certification by the chairperson of the commission that the 4,471
decision is of great public interest and that a certified 4,473
transcript of the record of the proceedings before the commission 4,474
has been filed with the clerk of the supreme court as an appeal 4,476
to the court. Promptly upon the final judgment of the court, the 4,477
administrator and the commission shall decide those claims 4,478
pending before them where the facts are similar and shall notify 4,480
all interested parties of such decision and the reason therefor 4,481
in the manner provided for in this section. Nothing in this 4,482
division shall be construed so as to deny the right of any such 4,483
claimant, whose claim is pending before the administrator on 4,484
redetermination or before the commission, to apply for and be 4,487
granted an opportunity for a fair hearing to show that the facts 4,488
in the claimant's case are different from the facts in the claim 4,489
selected as the representative claim as provided in this 4,490
division, nor shall any such claimant be denied the right to
108
appeal the decision of the administrator or the commission which 4,491
is made as a result of the decision of the court in the 4,493
representative case.
(O)(1) Any interested party as defined in division (I) of 4,495
section 4141.01 of the Revised Code, within thirty days after 4,496
notice of the decision of the commission was mailed to the last 4,498
known post-office address of all interested parties, may appeal 4,499
from the decision of the commission to the court of common pleas 4,501
of the county where the appellant, if an employee, is resident or 4,502
was last employed or of the county where the appellant, if an 4,503
employer, is resident or has the principal place of business in 4,504
this state. The commission shall provide on its decision the 4,506
names and addresses of all interested parties. Such appeal shall 4,507
be taken within such thirty days by the appellant by filing a 4,508
notice of appeal with the clerk of the court of common pleas. 4,509
Such filing shall be the only act required to perfect the appeal 4,510
and vest jurisdiction in the court. Failure of an appellant to 4,511
take any step other than timely filing of a notice of appeal does 4,512
not affect the validity of the appeal, but is grounds only for 4,513
such action as the court deems appropriate, which may include 4,514
dismissal of the appeal. Such notice of appeal shall set forth 4,515
the decision appealed from. The appellant shall mail a copy of 4,516
the notice of appeal to the commission and to all interested 4,518
parties by certified mail to their last known post-office 4,519
address, and proof of the mailing of the notice shall be filed 4,520
with the clerk within thirty days of filing the notice of appeal. 4,521
All interested parties shall be made appellees. The commission 4,523
upon receipt of the notice of appeal shall within thirty days 4,524
file with the clerk a certified transcript of the record of the 4,525
proceedings before the commission pertaining to the decision 4,527
complained of, and mail a copy of the transcript to the 4,528
appellant's attorney or to the appellant, if not represented by 4,529
counsel. The appellant shall file a statement of the assignments 4,530
of error presented for review within sixty days of the filing of 4,531
109
the notice of appeal with the court. The appeal shall be heard 4,532
upon such record certified by the commission. After an appeal 4,534
has been filed in the court, the commission may, by petition, be 4,536
made a party to such appeal. If the court finds that the 4,537
decision was unlawful, unreasonable, or against the manifest 4,538
weight of the evidence, it shall reverse and vacate such decision 4,539
or it may modify such decision and enter final judgment in 4,540
accordance with such modification; otherwise such court shall 4,541
affirm such decision. Any interested party shall have the right 4,542
to appeal from the decision of the court as in civil cases. 4,543
(2) If an appeal is filed after the thirty-day appeal 4,545
period established in division (O)(N)(1) of this section, the 4,546
court of common pleas shall conduct a hearing to determine 4,548
whether the appeal was timely filed pursuant to division (Q)(P) 4,549
of this section. At the hearing, additional evidence may be 4,551
introduced and oral arguments may be presented regarding the 4,552
timeliness of the filing of the appeal. If the court of common 4,553
pleas determines that the time for filing the appeal is extended 4,554
as provided in division (Q)(P) of this section and that the 4,555
appeal was filed within the extended time provided in that 4,557
division, the court shall thereafter make its decision on the 4,558
merits of the appeal. If the court of common pleas determines 4,559
that the time for filing the appeal may not be extended as 4,560
provided in division (Q)(P) of this section, the court shall 4,562
dismiss the appeal accordingly. The determination on timeliness 4,563
by the court of common pleas may be appealed to the court of 4,564
appeals as in civil cases, and such appeal shall be consolidated 4,565
with any appeal from the decision by the court of common pleas on 4,566
the merits of the appeal.
(P)(O) Any appeal from a determination or redetermination 4,570
of the administrator or a decision or order of the commission may 4,573
be executed in behalf of any party or any group of claimants by 4,574
an agent.
(Q)(P) The time for filing an appeal, a request for 4,577
110
review, or a court appeal under this section shall be extended as 4,580
follows:
(1) When the last day of an appeal period is a Saturday, 4,582
Sunday, or legal holiday, the appeal period is extended to the 4,583
next work day after the Saturday, Sunday, or legal holiday; or 4,584
(2) When an interested party provides certified medical 4,586
evidence stating that the interested party's physical condition 4,587
or mental capacity prevented the interested party from filing a 4,588
an appeal or request for review pursuant to division (G), (H), or 4,590
(L) of this section within the appropriate twenty-one-day period, 4,591
the appeal period is extended to twenty-one days after the end of 4,592
the physical or mental condition and the appeal, or request for 4,594
review is considered timely filed if filed within that extended 4,596
period;
(3) When an interested party provides evidence, which 4,598
evidence may consist of testimony from the interested party, that 4,599
is sufficient to establish that the party did not actually 4,600
receive the determination or decision within the applicable 4,602
appeal period pursuant to division (G), (H), or (L) of this 4,603
section, and the administrator or the commission finds that the 4,604
interested party did not actually receive the determination or 4,606
decision within the applicable appeal period, then the appeal 4,607
period is extended to twenty-one days after the interested party 4,608
actually receives the determination or decision. 4,609
(4) When an interested party provides evidence, which 4,611
evidence may consist of testimony from the interested party, that 4,612
is sufficient to establish that the party did not actually 4,613
receive a decision within the thirty-day appeal period provided 4,614
in division (O)(N)(1) of this section, and a court of common 4,615
pleas finds that the interested party did not actually receive 4,617
the decision within that thirty-day appeal period, then the 4,618
appeal period is extended to thirty days after the interested 4,619
party actually receives the decision. 4,620
(R)(Q) No finding of fact or law, decision, or order of 4,622
111
the administrator, hearing officer, or the review commission, or 4,624
a reviewing court pursuant to this section, shall be given 4,626
collateral estoppel or res judicata effect in any separate or 4,627
subsequent judicial, administrative, or arbitration proceeding, 4,628
other than a proceeding arising under this chapter. 4,629
Sec. 4141.281. (A) WHENEVER THE ADMINISTRATOR OF THE 4,631
BUREAU OF EMPLOYMENT SERVICES HAS REASON TO BELIEVE THAT THE 4,634
UNEMPLOYMENT OF TWENTY-FIVE OR MORE INDIVIDUALS RELATES TO A
LABOR DISPUTE, THE ADMINISTRATOR, WITHIN FIVE CALENDAR DAYS AFTER 4,636
THEIR CLAIMS ARE FILED, SHALL SCHEDULE A HEARING CONCERNING THE
REASON FOR UNEMPLOYMENT. NOTICE OF THE HEARING SHALL BE SENT TO 4,637
ALL INTERESTED PARTIES, INCLUDING THE DULY AUTHORIZED 4,638
REPRESENTATIVE OF THE PARTIES, AS PROVIDED IN DIVISION (D)(1) OF 4,639
SECTION 4141.28 OF THE REVISED CODE. THE HEARING DATE SHALL BE 4,641
SCHEDULED SO AS TO PROVIDE AT LEAST TEN DAYS' PRIOR NOTICE OF THE 4,642
TIME AND DATE OF THE HEARING. A SIMILAR HEARING, IN SUCH CASES, 4,643
MAY BE SCHEDULED WHEN THERE IS A DISPUTE AS TO THE DURATION OR 4,644
ENDING DATE OF THE LABOR DISPUTE. 4,645
(B) THE ADMINISTRATOR SHALL APPOINT A HEARING OFFICER TO 4,647
CONDUCT THE HEARING OF THE CASE UNDER DIVISION (A) OF THIS 4,648
SECTION. THE HEARING OFFICER IS NOT BOUND BY COMMON LAW OR 4,649
STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF 4,650
PROCEDURE, BUT SHALL TAKE ANY STEPS THAT ARE REASONABLE AND 4,651
NECESSARY TO OBTAIN THE FACTS AND DETERMINE WHETHER THE CLAIMANTS 4,652
ARE ENTITLED TO BENEFITS UNDER THE LAW. THE FAILURE OF ANY 4,653
INTERESTED PARTY TO APPEAR AT THE HEARING SHALL NOT PRECLUDE A 4,654
DECISION BASED UPON ALL THE FACTS AVAILABLE TO THE HEARING 4,655
OFFICER. THE PROCEEDING AT THE HEARING SHALL BE RECORDED BY 4,656
MECHANICAL MEANS OR BY OTHER MEANS PRESCRIBED BY THE 4,657
ADMINISTRATOR. THE RECORD NEED NOT BE TRANSCRIBED UNLESS AN 4,658
APPLICATION FOR APPEAL IS FILED ON THE DECISION AND THE 4,659
CHAIRPERSON OF THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION 4,661
REQUESTS A TRANSCRIPT OF THE HEARING WITHIN FOURTEEN DAYS AFTER 4,662
THE APPLICATION FOR APPEAL IS RECEIVED BY THE COMMISSION. THE 4,663
112
ADMINISTRATOR SHALL PRESCRIBE RULES CONCERNING THE CONDUCT OF THE 4,665
HEARINGS AND ALL RELATED MATTERS AND APPOINT AN ATTORNEY TO 4,666
DIRECT THE OPERATION OF THIS FUNCTION.
(C) THE ADMINISTRATOR SHALL ISSUE THE HEARING OFFICER'S 4,668
DECISIONS AND REASONS THEREFOR ON THE CASE WITHIN TEN CALENDAR 4,669
DAYS AFTER THE HEARING. THE HEARING OFFICER'S DECISION ISSUED BY 4,670
THE ADMINISTRATOR IS FINAL UNLESS AN APPLICATION FOR APPEAL IS 4,671
FILED WITH THE REVIEW COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE 4,673
DECISION WAS MAILED TO ALL INTERESTED PARTIES. THE 4,674
ADMINISTRATOR, WITHIN THE TWENTY-ONE-DAY APPEAL PERIOD, MAY 4,675
REMOVE AND VACATE THE DECISION AND ISSUE A REVISED DETERMINATION 4,677
AND APPEAL DATE.
(D) UPON RECEIPT OF THE APPLICATION FOR APPEAL, THE FULL 4,679
REVIEW COMMISSION SHALL REVIEW THE ADMINISTRATOR'S DECISION, AND 4,681
THEN SCHEDULE A FURTHER HEARING ON THE CASE, DISALLOW THE 4,682
APPLICATION WITHOUT FURTHER HEARING, OR MODIFY OR REVERSE THE 4,683
ADMINISTRATOR'S DECISION. THE REVIEW COMMISSION SHALL REVIEW THE 4,685
ADMINISTRATOR'S DECISION WITHIN FOURTEEN DAYS AFTER RECEIPT OF 4,686
THE DECISION OR THE RECEIPT OF A TRANSCRIPT REQUESTED UNDER 4,687
DIVISION (B) OF THIS SECTION, WHICHEVER IS LATER. 4,688
(1) WHEN A FURTHER HEARING IS GRANTED, THE COMMISSION 4,690
SHALL MAKE THE ADMINISTRATOR'S DECISION AND RECORD OF THE CASE, 4,692
AS CERTIFIED BY THE ADMINISTRATOR, A PART OF THE RECORD AND SHALL 4,693
CONSIDER THE ADMINISTRATOR'S DECISION AND RECORD IN ARRIVING AT A 4,694
DECISION ON THE CASE. THE COMMISSION'S DECISION AFFIRMING, 4,696
MODIFYING, OR REVERSING THE ADMINISTRATOR'S DECISION, FOLLOWING 4,697
THE FURTHER APPEAL, SHALL BE MAILED TO ALL INTERESTED PARTIES 4,698
WITHIN FOURTEEN DAYS AFTER THE HEARING. 4,699
(2) A DECISION TO DISALLOW A FURTHER APPEAL OR TO MODIFY 4,702
OR REVERSE THE ADMINISTRATOR'S DECISION SHALL BE MAILED TO ALL 4,703
INTERESTED PARTIES WITHIN FOURTEEN DAYS AFTER THE COMMISSION 4,704
MAKES THE DECISION. A DISALLOWANCE IS DEEMED AN AFFIRMATION OF 4,706
THE ADMINISTRATOR'S DECISION.
(3) THE TIME LIMITS SPECIFIED IN THIS SECTION MAY BE 4,709
113
EXTENDED BY AGREEMENT OF ALL INTERESTED PARTIES OR FOR CAUSE 4,710
BEYOND THE CONTROL OF THE ADMINISTRATOR OR THE COMMISSION. 4,711
(E) AN APPEAL OF THE COMMISSION'S DECISION ISSUED UNDER 4,713
DIVISION (D) OF THIS SECTION MAY BE TAKEN TO THE COURT OF COMMON 4,715
PLEAS AS PROVIDED IN DIVISION (N) OF SECTION 4141.28 OF THE 4,716
REVISED CODE.
(F) A LABOR DISPUTE DECISION INVOLVING FEWER THAN 4,718
TWENTY-FIVE INDIVIDUALS SHALL BE DETERMINED UNDER DIVISION (D)(1) 4,719
OF SECTION 4141.28 OF THE REVISED CODE, AND THE REVIEW COMMISSION 4,721
SHALL DETERMINE ANY APPEAL FROM THE DECISION PURSUANT TO DIVISION 4,723
(M) OF THAT SECTION AND WITHIN THE TIME LIMITS PROVIDED IN 4,724
DIVISION (D) OF THIS SECTION. 4,725
Sec. 4141.282. (A) WHEN A CLAIM FOR UNEMPLOYMENT 4,727
COMPENSATION IS FILED BY AN INDIVIDUAL WHO OWES CHILD SUPPORT 4,729
OBLIGATIONS, THE ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT 4,730
SERVICES SHALL NOTIFY THE STATE OR LOCAL CHILD SUPPORT 4,731
ENFORCEMENT AGENCY ENFORCING THE OBLIGATION ONLY IF THE CLAIMANT 4,732
HAS BEEN DETERMINED TO BE ELIGIBLE FOR UNEMPLOYMENT COMPENSATION. 4,733
(B) THE ADMINISTRATOR SHALL DEDUCT AND WITHHOLD FROM 4,735
UNEMPLOYMENT COMPENSATION PAYABLE TO AN INDIVIDUAL WHO OWES CHILD 4,736
SUPPORT OBLIGATIONS THE FOLLOWING AMOUNTS AS APPROPRIATE: 4,737
(1) ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM 4,739
THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT 4,740
TERM IS DEFINED IN SECTION 459(i)(5) OF THE "SOCIAL SECURITY 4,742
ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 4,744
OPPORTUNITY RECONCILIATION ACT OF 1996," 100 STAT. 2105, 42 4,746
U.S.C. 659, AND PROPERLY SERVED UPON THE ADMINISTRATOR, AS 4,747
DESCRIBED IN DIVISION (C) OF THIS SECTION; 4,748
(2) WHERE DIVISION (B)(1) OF THIS SECTION IS INAPPLICABLE, 4,751
IN THE AMOUNT DETERMINED PURSUANT TO AN AGREEMENT SUBMITTED TO 4,752
THE ADMINISTRATOR UNDER SECTION 454(19)(B)(i) OF THE "SOCIAL 4,754
SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 654, AS AMENDED, BY THE 4,756
STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY;
(3) IF NEITHER DIVISION (B)(1) NOR (2) OF THIS SECTION IS 4,759
114
APPLICABLE, THEN IN THE AMOUNT SPECIFIED BY THE INDIVIDUAL. 4,760
(C) THE ADMINISTRATOR SHALL RECEIVE ALL LEGAL PROCESS 4,763
DESCRIBED IN DIVISION (B)(1) OF THIS SECTION FROM EACH LOCAL 4,764
CHILD SUPPORT ENFORCEMENT AGENCY, WHICH LEGAL PROCESS WAS ISSUED 4,765
BY THE AGENCY UNDER SECTION 2301.371 OF THE REVISED CODE OR 4,766
OTHERWISE WAS ISSUED BY THE AGENCY. THE PROCESSING OF CASES 4,768
UNDER PART D OF TITLE IV OF THE "SOCIAL SECURITY ACT," 88 STAT. 4,770
2351 (1975), 42 U.S.C. 651, AS AMENDED, SHALL BE DETERMINED 4,771
PURSUANT TO AGREEMENT BETWEEN THE ADMINISTRATOR AND THE STATE 4,772
DEPARTMENT OF HUMAN SERVICES. THE DEPARTMENT SHALL PAY, PURSUANT 4,773
TO THAT AGREEMENT, ALL OF THE COSTS OF THE BUREAU OF EMPLOYMENT 4,774
SERVICES THAT ARE ASSOCIATED WITH A DEDUCTION AND WITHHOLDING 4,775
UNDER DIVISIONS (B)(1) AND (2) OF THIS SECTION. 4,776
(D) THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO 4,778
BEING WITHHELD PURSUANT TO DIVISION (B) OF THIS SECTION IS THAT 4,780
AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER APPLICATION 4,781
OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF OVERPAYMENTS AND 4,782
AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER THIS CHAPTER FOR 4,783
DEDUCTIBLE INCOME RECEIVED BY THE INDIVIDUAL.
(E) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF 4,786
THIS SECTION SHALL BE PAID TO THE APPROPRIATE STATE OR LOCAL 4,787
CHILD SUPPORT ENFORCEMENT AGENCY IN THE FOLLOWING MANNER: 4,788
(1) THE ADMINISTRATOR SHALL DETERMINE THE AMOUNTS THAT ARE 4,790
TO BE DEDUCTED AND WITHHELD ON A PER COUNTY BASIS. 4,791
(2) FOR EACH COUNTY, THE ADMINISTRATOR SHALL FORWARD TO 4,793
THE LOCAL CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY, AT 4,794
INTERVALS TO BE DETERMINED PURSUANT TO THE AGREEMENT REFERRED TO 4,795
IN DIVISION (C) OF THIS SECTION, THE AMOUNT DETERMINED FOR THAT 4,797
COUNTY UNDER DIVISION (E)(1) OF THIS SECTION FOR DISBURSEMENT TO 4,798
THE OBLIGEES OR ASSIGNEES OF SUCH SUPPORT OBLIGATIONS. 4,799
(F) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF 4,802
THIS SECTION SHALL FOR ALL PURPOSES BE TREATED AS IF IT WERE PAID 4,803
TO THE INDIVIDUAL AS UNEMPLOYMENT COMPENSATION AND PAID BY THE 4,804
INDIVIDUAL TO THE STATE OR LOCAL CHILD SUPPORT AGENCY IN 4,805
115
SATISFACTION OF THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS.
(G) THIS SECTION APPLIES ONLY IF APPROPRIATE ARRANGEMENTS 4,808
HAVE BEEN MADE FOR REIMBURSEMENT BY THE STATE OR LOCAL CHILD 4,809
SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATIVE COSTS INCURRED 4,810
BY THE ADMINISTRATOR UNDER THIS SECTION WHICH ARE ASSOCIATED WITH 4,811
OR ATTRIBUTABLE TO CHILD SUPPORT OBLIGATIONS BEING ENFORCED BY 4,812
THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY. 4,813
(H) AS USED IN THIS SECTION: 4,815
(1) "CHILD SUPPORT OBLIGATIONS" MEANS ONLY OBLIGATIONS 4,817
WHICH ARE BEING ENFORCED PURSUANT TO A PLAN DESCRIBED IN SECTION 4,818
454 OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 654, 4,820
AS AMENDED, WHICH HAS BEEN APPROVED BY THE UNITED STATES 4,821
SECRETARY OF HEALTH AND HUMAN SERVICES UNDER PART D OF TITLE IV 4,823
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS 4,825
AMENDED. 4,826
(2) "STATE CHILD SUPPORT ENFORCEMENT AGENCY" MEANS THE 4,828
DEPARTMENT OF HUMAN SERVICES, BUREAU OF CHILD SUPPORT, DESIGNATED 4,829
AS THE SINGLE STATE AGENCY FOR THE ADMINISTRATION OF THE PROGRAM 4,830
OF CHILD SUPPORT ENFORCEMENT PURSUANT TO PART D OF TITLE IV OF 4,832
THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS 4,834
AMENDED. 4,835
(3) "LOCAL CHILD SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD 4,838
SUPPORT ENFORCEMENT AGENCY OR ANY OTHER AGENCY OF A POLITICAL
SUBDIVISION OF THE STATE OPERATING PURSUANT TO A PLAN MENTIONED 4,839
IN DIVISION (H)(1) OF THIS SECTION. 4,840
(4) "UNEMPLOYMENT COMPENSATION" MEANS ANY COMPENSATION 4,842
PAYABLE UNDER THIS CHAPTER INCLUDING AMOUNTS PAYABLE BY THE 4,843
ADMINISTRATOR PURSUANT TO AN AGREEMENT UNDER ANY FEDERAL LAW 4,844
PROVIDING FOR COMPENSATION, ASSISTANCE, OR ALLOWANCES WITH 4,845
RESPECT TO UNEMPLOYMENT. 4,846
Sec. 4141.283. WHERE A CLAIM FOR BENEFITS IS DIRECTLY 4,848
ATTRIBUTABLE TO UNEMPLOYMENT CAUSED BY A MAJOR DISASTER, AS 4,849
DECLARED BY THE PRESIDENT OF THE UNITED STATES PURSUANT TO THE 4,851
"DISASTER RELIEF ACT OF 1970," 84 STAT. 1745, 42 U.S.C.A. 4402, 4,852
116
AND THE INDIVIDUAL FILING THE CLAIM WOULD OTHERWISE HAVE BEEN 4,854
ELIGIBLE FOR DISASTER UNEMPLOYMENT ASSISTANCE UNDER THAT ACT, 4,855
THEN UPON APPLICATION BY THE EMPLOYER, ANY BENEFITS PAID ON THE 4,856
CLAIM SHALL NOT BE CHARGED TO THE ACCOUNT OF THE EMPLOYER WHO 4,857
WOULD HAVE BEEN CHARGED ON THAT CLAIM BUT INSTEAD SHALL BE 4,858
CHARGED TO THE MUTUALIZED ACCOUNT DESCRIBED IN SECTION 4141.25 OF 4,859
THE REVISED CODE, PROVIDED THAT THIS DIVISION IS NOT APPLICABLE 4,861
TO AN EMPLOYER ELECTING REIMBURSING STATUS UNDER SECTION 4141.241 4,862
OF THE REVISED CODE, EXCEPT REIMBURSING EMPLOYERS FOR WHOM 4,864
BENEFIT CHARGES ARE CHARGED TO THE MUTUALIZED ACCOUNT PURSUANT TO 4,865
DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE. 4,867
Sec. 4141.29. Each eligible individual shall receive 4,876
benefits as compensation for loss of remuneration due to 4,877
involuntary total or partial unemployment in the amounts and 4,878
subject to the conditions stipulated in this chapter. 4,879
(A) No individual is entitled to a waiting period or 4,881
benefits for any week unless the individual: 4,882
(1) Has filed a valid application for determination of 4,884
benefit rights in accordance with section 4141.28 of the Revised 4,885
Code; 4,886
(2) Has made a claim for benefits in accordance with 4,888
section 4141.28 of the Revised Code; 4,889
(3) Has registered at an employment office or other 4,891
registration place maintained or designated by the administrator 4,892
of the bureau of employment services. Registration shall be made 4,893
in accordance with the time limits, frequency, and manner 4,895
prescribed by the administrator.
(4)(a) Is able to work and available for suitable work and 4,897
is actively seeking suitable work either in a locality in which 4,898
the individual has earned wages subject to this chapter during 4,900
the individual's base period, or if the individual leaves that 4,901
locality, then in a locality where suitable work normally is 4,903
performed.
The administrator may waive the requirement that a claimant 4,905
117
be actively seeking work when the administrator finds that an 4,906
individual has been laid off and the employer who laid the 4,908
individual off has notified the administrator within ten days 4,910
after the layoff, that work is expected to be available for the 4,911
individual within a specified number of days not to exceed 4,912
forty-five calendar days following the last day the individual 4,913
worked. In the event the individual is not recalled within the 4,914
specified period, this waiver shall cease to be operative with 4,916
respect to that layoff.
(b) The individual shall be instructed as to the efforts 4,918
that the individual must make in the search for suitable work, 4,920
except where the active search for work requirement has been 4,921
waived under division (A)(4)(a) of this section, and shall keep a 4,922
record of where and when the individual has sought work in 4,923
complying with those instructions and, upon request, shall 4,925
produce that record for examination by the administrator. 4,927
(c) An individual who is attending a training course 4,929
approved by the administrator meets the requirement of this 4,930
division, if attendance was recommended by the administrator and 4,932
the individual is regularly attending the course and is making 4,933
satisfactory progress. An individual also meets the requirements 4,934
of this division if the individual is participating and advancing 4,936
in a training program, as defined in division (P) of section 4,937
5709.61 of the Revised Code, and if an enterprise, defined in 4,938
division (B) of section 5709.61 of the Revised Code, is paying 4,939
all or part of the cost of the individual's participation in the 4,940
training program with the intention of hiring the individual for 4,941
employment as a new employee, as defined in division (L) of 4,942
section 5709.61 of the Revised Code, for at least ninety days 4,943
after the individual's completion of the training program. 4,944
(d) An individual who becomes unemployed while attending a 4,946
regularly established school and whose base period qualifying 4,947
weeks were earned in whole or in part while attending that 4,948
school, meets the availability and active search for work 4,949
118
requirements of division (A)(4)(a) of this section if the 4,950
individual regularly attends the school during weeks with respect 4,951
to which the individual claims unemployment benefits and makes 4,952
self available on any shift of hours for suitable employment with 4,955
the individual's most recent employer or any other employer in 4,956
the individual's base period, or for any other suitable 4,957
employment to which the individual is directed, under this 4,959
chapter.
(e) The administrator shall adopt any rules that the 4,962
administrator deems necessary for the administration of division 4,963
(A)(4) of this section. 4,964
(f) Notwithstanding any other provisions of this section, 4,966
no otherwise eligible individual shall be denied benefits for any 4,967
week because the individual is in training approved under section 4,969
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 4,970
2296, nor shall that individual be denied benefits by reason of 4,972
leaving work to enter such training, provided the work left is 4,973
not suitable employment, or because of the application to any 4,974
week in training of provisions in this chapter, or any applicable 4,975
federal unemployment compensation law, relating to availability 4,976
for work, active search for work, or refusal to accept work. 4,977
For the purposes of division (A)(4)(f) of this section, 4,979
"suitable employment" means with respect to an individual, work 4,980
of a substantially equal or higher skill level than the 4,981
individual's past adversely affected employment, as defined for 4,982
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,983
U.S.C.A. 2101, and wages for such work at not less than eighty 4,984
per cent of the individual's average weekly wage as determined 4,985
for the purposes of that federal act. 4,986
(5) Is unable to obtain suitable work. AN INDIVIDUAL WHO 4,989
IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE INDIVIDUAL'S 4,990
EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO 4,991
IS REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE 4,992
WITH THE INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS 4,993
119
UPON THE CONCLUSION OF EACH WORK ASSIGNMENT, IS NOT CONSIDERED 4,994
UNABLE TO OBTAIN SUITABLE EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS 4,995
ARE AVAILABLE WITH THE EMPLOYER BUT THE INDIVIDUAL FAILS TO 4,996
CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK ASSIGNMENTS. 4,997
(6) Participates in reemployment services, such as job 4,999
search assistance services, if the individual has been determined 5,000
to be likely to exhaust benefits under this chapter, including 5,001
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 5,002
than extended compensation, and needs reemployment services 5,003
pursuant to the profiling system established by the administrator 5,004
under division (K) of this section, unless the administrator 5,005
determines that: 5,006
(a) The individual has completed such services; or 5,008
(b) There is justifiable cause for the claimant's failure 5,010
to participate in such services. 5,011
(B) An individual suffering total or partial unemployment 5,013
is eligible for benefits for unemployment occurring subsequent to 5,014
a waiting period of one week and no benefits shall be payable 5,015
during this required waiting period, but no more than one week of 5,016
waiting period shall be required of any such individual in any 5,017
benefit year in order to establish the individual's eligibility 5,019
for total or partial unemployment benefits. 5,020
(C) The waiting period for total or partial unemployment 5,022
shall commence on the first day of the first week with respect to 5,023
which the individual first files a claim for benefits at an 5,024
employment office or other place of registration maintained or 5,025
designated by the administrator or on the first day of the first 5,026
week with respect to which the individual has otherwise filed a 5,028
claim for benefits in accordance with the rules of the bureau of 5,029
employment services, provided such claim is allowed by the 5,030
administrator.
(D) Notwithstanding division (A) of this section, no 5,032
individual may serve a waiting period or be paid benefits under 5,033
the following conditions: 5,034
120
(1) For any week with respect to which the administrator 5,036
finds that: 5,037
(a) The individual's unemployment was due to a labor 5,039
dispute other than a lockout at any factory, establishment, or 5,041
other premises located in this or any other state and owned or 5,042
operated by the employer by which the individual is or was last 5,043
employed; and for so long as the individual's unemployment is due 5,045
to such labor dispute. No individual shall be disqualified under 5,047
this provision if either of the following applies: 5,048
(i) The individual's employment was with such employer at 5,050
any factory, establishment, or premises located in this state, 5,052
owned or operated by such employer, other than the factory, 5,053
establishment, or premises at which the labor dispute exists, if 5,054
it is shown that the individual is not financing, participating 5,055
in, or directly interested in such labor dispute; 5,057
(ii) The individual's employment was with an employer not 5,059
involved in the labor dispute but whose place of business was 5,061
located within the same premises as the employer engaged in the 5,062
dispute, unless the individual's employer is a wholly owned 5,063
subsidiary of the employer engaged in the dispute, or unless the 5,065
individual actively participates in or voluntarily stops work 5,067
because of such dispute. If it is established that the claimant 5,068
was laid off for an indefinite period and not recalled to work 5,069
prior to the dispute, or was separated by the employer prior to 5,070
the dispute for reasons other than the labor dispute, or that the 5,071
individual obtained a bona fide job with another employer while 5,073
the dispute was still in progress, such labor dispute shall not 5,074
render the employee ineligible for benefits. 5,075
(b) The individual has been given a disciplinary layoff 5,077
for misconduct in connection with the individual's work. 5,079
(2) For the duration of the individual's unemployment if 5,081
the administrator finds that: 5,083
(a) The individual quit work without just cause or has 5,086
been discharged for just cause in connection with the 5,087
121
individual's work, provided division (D)(2) of this section does 5,089
not apply to the separation of a person under any of the 5,090
following circumstances:
(i) Separation from employment for the purpose of entering 5,092
the armed forces of the United States if the individual makes 5,093
application to enter, or is inducted into the armed forces within 5,095
thirty days after such separation; 5,097
(ii) Separation from employment pursuant to a 5,099
labor-management contract or agreement, or pursuant to an 5,100
established employer plan, program, or policy, which permits the 5,101
employee, because of lack of work, to accept a separation from 5,102
employment;
(iii) The individual has left employment to accept a 5,105
recall from a prior employer or, except as provided in division 5,106
(D)(2)(a)(iv) of this section, to accept other employment as 5,108
provided under section 4141.291 of the Revised Code, or left or 5,109
was separated from employment that was concurrent employment at 5,110
the time of the most recent separation or within six weeks prior 5,111
to the most recent separation where the remuneration, hours, or 5,112
other conditions of such concurrent employment were substantially 5,113
less favorable than the individual's most recent employment and 5,114
where such employment, if offered as new work, would be 5,115
considered not suitable under the provisions of divisions (E) and 5,116
(F) of this section. Any benefits that would otherwise be 5,117
chargeable to the account of the employer from whom an individual 5,118
has left employment or was separated from employment that was 5,119
concurrent employment under conditions described in division 5,120
(D)(2)(a)(iii) of this section, shall instead be charged to the 5,122
mutualized account created by division (B) of section 4141.25 of 5,123
the Revised Code, except that any benefits chargeable to the 5,124
account of a reimbursing employer under division (D)(2)(a)(iii) 5,125
of this section shall be charged to the account of the 5,126
reimbursing employer and not to the mutualized account, except as 5,127
provided in division (D)(2) of section 4141.24 of the Revised 5,128
122
Code.
(iv) When an individual has been issued a definite layoff 5,131
date by the individual's employer and before the layoff date, the 5,133
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no 5,135
disqualification shall be imposed under division (D) of this 5,137
section. However, if the individual fails to meet the employment 5,138
and earnings requirements of division (A)(2) of section 4141.291 5,139
of the Revised Code, then the individual, pursuant to division 5,140
(A)(5) of this section, shall be ineligible for benefits for any 5,141
week of unemployment that occurs prior to the layoff date. 5,142
(b) The individual has refused without good cause to 5,144
accept an offer of suitable work when made by an employer either 5,146
in person or to the individual's last known address, or has 5,147
refused or failed to investigate a referral to suitable work when 5,149
directed to do so by a local employment office of this state or 5,150
another state, provided that this division shall not cause a 5,151
disqualification for a waiting week or benefits under the 5,152
following circumstances:
(i) When work is offered by the individual's employer and 5,154
the individual is not required to accept the offer pursuant to 5,156
the terms of the labor-management contract or agreement; or 5,157
(ii) When the individual is attending a vocational 5,159
training course pursuant to division (A)(4) of this section 5,160
except, in the event of a refusal to accept an offer of suitable 5,161
work or a refusal or failure to investigate a referral, benefits 5,162
thereafter paid to such individual shall not be charged to the 5,163
account of any employer and, except as provided in division 5,164
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 5,165
charged to the mutualized account as provided in division (B) of 5,167
section 4141.25 of the Revised Code. 5,168
(c) Such individual quit work to marry or because of 5,170
marital, parental, filial, or other domestic obligations. 5,171
(d) The individual has knowingly made a false statement or 5,173
123
representation or knowingly failed to report any material fact 5,174
with the object of obtaining benefits to which the individual is 5,176
not entitled. 5,177
(e) The individual became unemployed by reason of 5,179
commitment to any correctional institution. 5,181
(f) The individual became unemployed because of dishonesty 5,183
in connection with the individual's most recent or any base 5,185
period work. Remuneration earned in such work shall be excluded 5,186
from the individual's total base period remuneration and 5,188
qualifying weeks that otherwise would be credited to the 5,190
individual for such work in the individual's base period shall 5,191
not be credited for the purpose of determining the total benefits 5,192
to which the individual is eligible and the weekly benefit amount 5,193
to be paid under section 4141.30 of the Revised Code. Such 5,194
excluded remuneration and noncredited qualifying weeks shall be 5,195
excluded from the calculation of the maximum amount to be 5,196
charged, under division (D) of section 4141.24 and section 5,197
4141.33 of the Revised Code, against the accounts of the 5,198
individual's base period employers. In addition, no benefits 5,199
shall thereafter be paid to the individual based upon such 5,200
excluded remuneration or noncredited qualifying weeks. 5,202
For purposes of division (D)(2)(f) of this section, 5,204
"dishonesty" means the commission of substantive theft, fraud, or 5,205
deceitful acts. 5,206
(E) No individual otherwise qualified to receive benefits 5,208
shall lose the right to benefits by reason of a refusal to accept 5,209
new work if: 5,210
(1) As a condition of being so employed the individual 5,212
would be required to join a company union, or to resign from or 5,214
refrain from joining any bona fide labor organization, or would 5,215
be denied the right to retain membership in and observe the 5,216
lawful rules of any such organization. 5,217
(2) The position offered is vacant due directly to a 5,219
strike, lockout, or other labor dispute. 5,220
124
(3) The work is at an unreasonable distance from the 5,222
individual's residence, having regard to the character of the 5,224
work the individual has been accustomed to do, and travel to the 5,226
place of work involves expenses substantially greater than that 5,227
required for the individual's former work, unless the expense is 5,229
provided for.
(4) The remuneration, hours, or other conditions of the 5,231
work offered are substantially less favorable to the individual 5,232
than those prevailing for similar work in the locality. 5,233
(F) Subject to the special exceptions contained in 5,235
division (A)(4)(f) of this section and section 4141.301 of the 5,236
Revised Code, in determining whether any work is suitable for a 5,237
claimant in the administration of this chapter, the 5,238
administrator, in addition to the determination required under 5,239
division (E) of this section, shall consider the degree of risk 5,240
to the claimant's health, safety, and morals, the individual's 5,241
physical fitness for the work, the individual's prior training 5,243
and experience, the length of the individual's unemployment, the 5,245
distance of the available work from the individual's residence, 5,247
and the individual's prospects for obtaining local work. 5,248
(G) The "duration of unemployment" as used in this section 5,251
means the full period of unemployment next ensuing after a 5,252
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this 5,253
chapter, or the unemployment compensation act of another state, 5,254
or of the United States, and until such individual has worked six 5,255
weeks and for those weeks has earned or been paid remuneration 5,257
equal to six times an average weekly wage of not less than: 5,258
eighty-five dollars and ten cents per week beginning on June 26, 5,259
1990; and beginning on and after January 1, 1992, twenty-seven 5,260
and one-half per cent of the statewide average weekly wage as 5,261
computed each first day of January under division (B)(3) of 5,262
section 4141.30 of the Revised Code, rounded down to the nearest 5,263
dollar, except for purposes of division (D)(2)(c) of this 5,264
125
section, such term means the full period of unemployment next 5,265
ensuing after a separation from such work and until such 5,266
individual has become reemployed subject to the terms set forth 5,267
above, and has earned wages equal to one-half of the individual's 5,269
average weekly wage or sixty dollars, whichever is less. 5,270
(H) If a claimant is disqualified under division 5,272
(D)(2)(a), (c), or (e) of this section or found to be qualified 5,273
under the exceptions provided in division (D)(2)(a)(i), (ii), 5,274
(iii), or (iv) of this section or division (A)(2) of section 5,275
4141.291 of the Revised Code, then benefits that may become 5,277
payable to such claimant, which are chargeable to the account of 5,278
the employer from whom the individual was separated under such 5,280
conditions, shall be charged to the mutualized account provided 5,281
in section 4141.25 of the Revised Code, provided that no charge 5,282
shall be made to the mutualized account for benefits chargeable 5,283
to a reimbursing employer, except as provided in division (D)(2) 5,284
of section 4141.24 of the Revised Code. In the case of a 5,286
reimbursing employer, the administrator shall refund or credit to 5,287
the account of the reimbursing employer any over-paid benefits 5,288
that are recovered under division (B) of section 4141.35 of the 5,289
Revised Code. 5,290
(I)(1) Benefits based on service in employment as provided 5,292
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 5,293
Code shall be payable in the same amount, on the same terms, and 5,294
subject to the same conditions as benefits payable on the basis 5,295
of other service subject to this chapter; except that after 5,296
December 31, 1977: 5,297
(a) Benefits based on service in an instructional, 5,299
research, or principal administrative capacity in an institution 5,300
of higher education, as defined in division (Y) of section 5,301
4141.01 of the Revised Code; or for an educational institution as 5,302
defined in division (CC) of section 4141.01 of the Revised Code, 5,303
shall not be paid to any individual for any week of unemployment 5,304
that begins during the period between two successive academic 5,306
126
years or terms, or during a similar period between two regular 5,307
but not successive terms or during a period of paid sabbatical 5,308
leave provided for in the individual's contract, if the 5,309
individual performs such services in the first of those academic 5,311
years or terms and has a contract or a reasonable assurance that 5,312
the individual will perform services in any such capacity for any 5,313
such institution in the second of those academic years or terms. 5,315
(b) Benefits based on service for an educational 5,317
institution or an institution of higher education in other than 5,318
an instructional, research, or principal administrative capacity, 5,319
shall not be paid to any individual for any week of unemployment 5,320
which begins during the period between two successive academic 5,321
years or terms of the employing educational institution or 5,322
institution of higher education, provided the individual 5,323
performed those services for the educational institution or 5,324
institution of higher education during the first such academic 5,325
year or term and, there is a reasonable assurance that such 5,326
individual will perform those services for any educational 5,327
institution or institution of higher education in the second of 5,328
such academic years or terms. 5,329
If compensation is denied to any individual for any week 5,331
under division (I)(1)(b) of this section and the individual was 5,332
not offered an opportunity to perform those services for an 5,333
institution of higher education or for an educational institution 5,334
for the second of such academic years or terms, the individual is 5,335
entitled to a retroactive payment of compensation for each week 5,336
for which the individual timely filed a claim for compensation 5,337
and for which compensation was denied solely by reason of 5,338
division (I)(1)(b) of this section. An application for 5,339
retroactive benefits shall be timely filed if received by the 5,340
administrator or the administrator's deputy within or prior to 5,342
the end of the fourth full calendar week after the end of the 5,343
period for which benefits were denied because of reasonable 5,344
assurance of employment. The provision for the payment of 5,345
127
retroactive benefits under division (I)(1)(b) of this section is 5,346
applicable to weeks of unemployment beginning on and after 5,347
November 18, 1983. The provisions under division (I)(1)(b) of 5,348
this section shall be retroactive to September 5, 1982, only if, 5,349
as a condition for full tax credit against the tax imposed by the 5,350
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 5,351
3301 to 3311, the United States secretary of labor determines 5,352
that retroactivity is required by federal law. 5,354
(c) With respect to weeks of unemployment beginning after 5,356
December 31, 1977, benefits shall be denied to any individual for 5,357
any week which commences during an established and customary 5,358
vacation period or holiday recess, if the individual performs any 5,359
services described in divisions (I)(1)(a) and (b) of this section 5,360
in the period immediately before the vacation period or holiday 5,361
recess, and there is a reasonable assurance that the individual 5,362
will perform any such services in the period immediately 5,363
following the vacation period or holiday recess. 5,364
(d) With respect to any services described in division 5,366
(I)(1)(a), (b), or (c) of this section, benefits payable on the 5,367
basis of services in any such capacity shall be denied as 5,368
specified in division (I)(1)(a), (b), or (c) of this section to 5,369
any individual who performs such services in an educational 5,370
institution or institution of higher education while in the 5,371
employ of an educational service agency. For this purpose, the 5,372
term "educational service agency" means a governmental agency or 5,373
governmental entity that is established and operated exclusively 5,375
for the purpose of providing services to one or more educational 5,376
institutions or one or more institutions of higher education. 5,377
(e) Any individual employed by a public school district or 5,379
a county board of mental retardation shall be notified by the 5,380
thirtieth day of April each year if the individual is not to be 5,382
reemployed the following academic year. 5,383
(2) No disqualification will be imposed, between academic 5,385
years or terms or during a vacation period or holiday recess 5,386
128
under this division, unless the administrator or the 5,387
administrator's deputy has received a statement in writing from 5,389
the educational institution or institution of higher education 5,390
that the claimant has a contract for, or a reasonable assurance 5,391
of, reemployment for the ensuing academic year or term. 5,392
(3) If an individual has employment with an educational 5,394
institution or an institution of higher education and employment 5,395
with a noneducational employer, during the base period of the 5,396
individual's benefit year, then the individual may become 5,397
eligible for benefits during the between-term, or vacation or 5,398
holiday recess, disqualification period, based on employment 5,399
performed for the noneducational employer, provided that the 5,400
employment is sufficient to qualify the individual for benefit 5,401
rights separately from the benefit rights based on school 5,402
employment. The weekly benefit amount and maximum benefits 5,403
payable during a disqualification period shall be computed based 5,404
solely on the nonschool employment. 5,405
(J) Benefits shall not be paid on the basis of employment 5,407
performed by an alien, unless the alien had been lawfully 5,408
admitted to the United States for permanent residence at the time 5,409
the services were performed, was lawfully present for purposes of 5,410
performing the services, or was otherwise permanently residing in 5,411
the United States under color of law at the time the services 5,412
were performed, under section 212(d)(5) of the "Immigration and 5,413
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,414
(1) Any data or information required of individuals 5,416
applying for benefits to determine whether benefits are not 5,417
payable to them because of their alien status shall be uniformly 5,418
required from all applicants for benefits. 5,419
(2) In the case of an individual whose application for 5,421
benefits would otherwise be approved, no determination that 5,422
benefits to the individual are not payable because of the 5,423
individual's alien status shall be made except upon a 5,425
preponderance of the evidence that the individual had not, in 5,426
129
fact, been lawfully admitted to the United States. 5,427
(K) The administrator shall establish and utilize a system 5,429
of profiling all new claimants under this chapter that: 5,430
(1) Identifies which claimants will be likely to exhaust 5,432
regular compensation and will need job search assistance services 5,433
to make a successful transition to new employment; 5,434
(2) Refers claimants identified pursuant to division 5,436
(K)(1) of this section to reemployment services, such as job 5,437
search assistance services, available under any state or federal 5,438
law; 5,439
(3) Collects follow-up information relating to the 5,441
services received by such claimants and the employment outcomes 5,442
for such claimant's subsequent to receiving such services and 5,443
utilizes such information in making identifications pursuant to 5,444
division (K)(1) of this section; and 5,445
(4) Meets such other requirements as the United States 5,447
secretary of labor determines are appropriate. 5,448
Sec. 4141.301. (A) As used in this section, unless the 5,457
context clearly requires otherwise: 5,458
(1) "Extended benefit period" means a period which: 5,460
(a) Begins with the third week after a week for which 5,462
there is a state "on" indicator; and 5,463
(b) Ends with either of the following weeks, whichever 5,465
occurs later: 5,466
(i) The third week after the first week for which there is 5,468
a state "off" indicator; or 5,469
(ii) The thirteenth consecutive week of such period;. 5,471
Except, that no extended benefit period may begin by reason 5,473
of a state "on" indicator before the fourteenth week following 5,474
the end of a prior extended benefit period which was in effect 5,475
with respect to this state. 5,476
(2) There is a "state /on' indicator" for this state for a 5,478
week if the administrator determines, in accordance with the 5,479
regulations of the United States secretary of labor, that for the 5,480
130
period consisting of such week and the immediately preceding 5,481
twelve weeks, the rate of insured unemployment, not seasonally 5,482
adjusted, under Chapter 4141. of the Revised Code: 5,483
(a) Equaled or exceeded one hundred and twenty per cent of 5,485
the average of such rates for the corresponding thirteen-week 5,486
period ending in each of the preceding two calendar years, and 5,487
for weeks beginning before September 25, 1982, equaled or 5,488
exceeded four per cent and for weeks beginning after September 5,489
25, 1982, equaled or exceeded five per cent; 5,490
(b) For weeks of unemployment beginning after December 31, 5,492
1977, and before September 25, 1982, such rate of insured 5,493
unemployment: 5,494
(i) Met the criteria set forth in division (A)(2)(a) of 5,496
this section; or 5,497
(ii) Equaled or exceeded five per cent. 5,499
(c) For weeks of unemployment beginning after September 5,501
25, 1982, such rate of insured unemployment: 5,502
(i) Met the criteria set forth in division (A)(2)(a) of 5,504
this section; or 5,505
(ii) Equaled or exceeded six per cent. 5,507
(3) A "state 'off' indicator" exists for the state for a 5,509
week if the administrator determines, in accordance with the 5,510
regulations of the United States secretary of labor, that for the 5,511
period consisting of such week and the immediately preceding 5,512
twelve weeks, the rate of insured unemployment, not seasonally 5,513
adjusted, under Chapter 4141. of the Revised Code: 5,514
(a) Was less than one hundred and twenty per cent of the 5,516
average of such rates for the corresponding thirteen-week period 5,517
ending in each of the preceding two calendar years, or for weeks 5,518
beginning before September 25, 1982, was less than four per cent 5,519
and for weeks beginning after September 25, 1982, was less than 5,520
five per cent; 5,521
(b) For weeks of unemployment beginning after December 31, 5,523
1977, and before September 25, 1982, such rate of insured 5,524
131
unemployment: 5,525
(i) Was less than five per cent; and 5,527
(ii) Met the criteria set forth in division (A)(3)(a) of 5,529
this section. 5,530
(c) For weeks of unemployment beginning after September 5,532
25, 1982, such rate of insured unemployment; 5,533
(i) Was less than six per cent; and 5,535
(ii) Met the criteria set forth in division (A)(3)(a) of 5,537
this section. 5,538
(4) "Rate of insured unemployment," for purposes of 5,540
divisions (A)(2) and (3) of this section, means the percentage 5,541
derived by dividing: 5,542
(a) The average weekly number of individuals filing claims 5,544
for regular compensation in this state for weeks of unemployment 5,545
with respect to the most recent thirteen-consecutive-week period, 5,546
as determined by the administrator on the basis of the 5,547
administrator's reports to the United States secretary of labor, 5,549
by
(b) The average monthly employment covered under Chapter 5,551
4141. of the Revised Code, for the first four of the most recent 5,552
six completed calendar quarters ending before the end of such 5,553
thirteen-week period. 5,554
(5) "Regular benefits" means benefits payable to an 5,556
individual, as defined in division (C) of section 4141.01 of the 5,557
Revised Code, or under any other state law, including dependents' 5,558
allowance and benefits payable to federal civilian employees and 5,559
to ex-servicepersons pursuant to the "Act of September 6, 1966," 5,561
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and 5,562
additional benefits as defined in division (A)(10) of this 5,563
section. 5,564
(6) "Extended benefits" means benefits, including benefits 5,566
payable to federal civilian employees and to ex-servicepersons 5,568
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 5,569
U.S.C.A. 8501, and additional benefits, payable to an individual 5,570
132
under the provisions of this section for weeks of unemployment in 5,571
the individual's eligibility period. 5,572
(7) "Eligibility period" of an individual means the period 5,574
consisting of the weeks in the individual's benefit year which 5,576
begin in an extended benefit period and, if the individual's 5,577
benefit year ends within the extended benefit period, any weeks 5,579
thereafter which begin in the period. 5,580
(8) "Exhaustee" means an individual who, with respect to 5,582
any week of unemployment in the individual's eligibility period: 5,584
(a) Has received prior to the week, all of the regular 5,586
benefits that were available to the individual under Chapter 5,587
4141. of the Revised Code, or any other state law, including 5,589
dependents' allowance and benefits payable to federal civilian 5,590
employees and ex-servicepersons under the "Act of September 6, 5,591
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current 5,593
benefit year that includes the week; 5,595
(b) Has received, prior to the week, all of the regular 5,597
benefits that were available to the individual under this chapter 5,599
or any other state law, including dependents' allowances and 5,600
regular benefits available to federal civilian employees and 5,601
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. 5,603
585, 5 U.S.C.A. 8501, in the individual's current benefit year 5,604
that includes the week, after the cancellation of some or all of 5,606
the individual's wage credits or the total or partial reduction 5,608
of the individual's right to regular benefits, provided that, for 5,610
the purposes of divisions (A)(8)(a) and (8)(b) of this section, 5,611
an individual shall be deemed to have received in the 5,612
individual's current benefit year all of the regular benefits 5,613
that were either payable or available to the individual even 5,614
though: 5,615
(i) As a result of a pending appeal with respect to wages 5,617
or employment, or both, that were not included in the original 5,618
monetary determination with respect to the individual's current 5,620
benefit year, the individual may subsequently be determined to be 5,621
133
entitled to more regular benefits, or 5,623
(ii) By reason of section 4141.33 of the Revised Code, or 5,625
the seasonal employment provisions of another state law, the 5,626
individual is not entitled to regular benefits with respect to 5,628
the week of unemployment, although the individual may be entitled 5,629
to regular benefits with respect to future weeks of unemployment 5,631
in either the next season or off season in the individual's 5,632
current benefit year, and the individual is otherwise an 5,634
"exhaustee" within the meaning of this section with respect to 5,635
the right to regular benefits under state law seasonal employment 5,637
provisions during either the season or off season in which that 5,638
week of unemployment occurs, or
(iii) Having established a benefit year, no regular 5,640
benefits are payable to the individual during the year because 5,642
the individual's wage credits were cancelled or the individual's 5,643
right to regular benefits was totally reduced as the result of 5,645
the application of a disqualification; or 5,646
(c) The individual's benefit year having expired prior to 5,648
the week, has no, or insufficient, wages or weeks of employment 5,650
on the basis of which the individual could establish in any state 5,651
a new benefit year that would include the week, or having 5,653
established a new benefit year that includes the week, the 5,654
individual is precluded from receiving regular benefits by reason 5,656
of a state law which meets the requirements of section 3304 5,657
(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 5,658
U.S.C.A. 3301 to 3311; and
(i) Has no right for the week to unemployment benefits or 5,660
allowances, as the case may be, under the Railroad Unemployment 5,661
Insurance Act, the Trade Act of 1974, and other federal laws as 5,662
are specified in regulations issued by the United States 5,663
secretary of labor; and 5,664
(ii) Has not received and is not seeking for the week 5,666
unemployment benefits under the unemployment compensation law of 5,667
the Virgin Islands, prior to the day after that on which the 5,668
134
secretary of labor approves the unemployment compensation law of 5,669
the Virgin Islands, or of Canada; or if the individual is seeking 5,671
benefits and the appropriate agency finally determines that the 5,672
individual is not entitled to benefits under the law for the 5,674
week.
(9) "State law" means the unemployment insurance law of 5,676
any state, approved by the United States secretary of labor under 5,677
section 3304 of the Internal Revenue Code of 1954. 5,678
(10) "Additional benefits" means benefits totally financed 5,680
by a state and payable to exhaustees by reason of high 5,681
unemployment or by reason of other special factors under the 5,682
provisions of any state law. 5,683
(B) Except when the result would be inconsistent with the 5,685
other provisions of this section, as provided in the regulations 5,686
of the administrator, the provisions of Chapter 4141. of the 5,687
Revised Code, which apply to claims for, or the payment of, 5,688
regular benefits, shall apply to claims for, and the payment of, 5,689
extended benefits. 5,690
(C) Any individual shall be eligible to receive extended 5,692
benefits with respect to any week of unemployment in the 5,693
individual's eligibility period only if the administrator finds 5,695
that, with respect to such week: 5,696
(1) The individual is an "exhaustee" as defined in 5,698
division (A)(8) of this section; and 5,699
(2) The individual has satisfied the requirements of 5,701
Chapter 4141. of the Revised Code, for the receipt of regular 5,702
benefits that are applicable to individuals claiming extended 5,703
benefits, including not being subject to a disqualification for 5,704
the receipt of benefits. 5,705
(D) The weekly extended benefit amount payable to an 5,707
individual for a week of total unemployment in the individual's 5,709
eligibility period shall be the same as the weekly benefit amount 5,710
payable to the individual during the individual's applicable 5,712
benefit year.
135
(E) The total extended benefit amount payable to any 5,714
eligible individual with respect to the individual's applicable 5,716
benefit year shall be the lesser of the following amounts: 5,717
(1) Fifty per cent of the total amount of regular 5,719
benefits, including dependents' allowances which were payable to 5,720
the individual under Chapter 4141. of the Revised Code, in the 5,722
individual's applicable benefit year; 5,723
(2) Thirteen times the individual's weekly benefit amount, 5,725
including dependents' allowances, which was payable to the 5,727
individual under Chapter 4141. of the Revised Code, for a week of 5,729
total unemployment in the applicable benefit year; provided, that 5,730
in making the computation under divisions (E)(1) and (2) of this 5,731
section, any amount which is not a multiple of one dollar shall 5,732
be rounded to the next lower multiple of one dollar. 5,733
(F)(1) Except as provided in division (F)(2) of this 5,735
section, an individual eligible for extended benefits pursuant to 5,736
an interstate claim filed in any state under the interstate 5,737
benefit payment plan shall not be paid extended benefits for any 5,738
week in which an extended benefit period is not in effect in such 5,739
state. 5,740
(2) Division (F)(1) of this section does not apply with 5,742
respect to the first two weeks for which extended compensation is 5,743
payable to an individual, as determined without regard to this 5,744
division, pursuant to an interstate claim filed under the 5,745
interstate benefit payment plan from the total extended benefit 5,746
amount payable to that individual in the individual's applicable 5,748
benefit year.
(3) Notwithstanding any other provisions of this section, 5,750
if the benefit year of any individual ends within an extended 5,751
benefit period, the remaining balance of extended benefits that 5,752
the individual would, but for this section, be entitled to 5,753
receive in that extended benefit period, with respect to weeks of 5,754
unemployment beginning after the end of the benefit year, shall 5,755
be reduced, but not below zero, by the product of the number of 5,756
136
weeks for which the individual received any amounts as trade 5,757
readjustment allowances within that benefit year, multiplied by 5,758
the individual's weekly benefit amount for extended benefits. 5,759
(G)(1) Whenever an extended benefit period is to become 5,761
effective in this state, as a result of a state "on" indicator, 5,762
or an extended benefit period is to be terminated in this state 5,763
as a result of a state "off" indicator, the administrator shall 5,764
make an appropriate public announcement. 5,765
(2) Computations required by division (A)(4) of this 5,767
section shall be made by the administrator, in accordance with 5,768
the regulations prescribed by the United States secretary of 5,769
labor. 5,770
(H)(1)(a) The administrator shall promptly examine any 5,772
application for extended benefits filed and, under this section, 5,773
shall determine whether such THE application is to be allowed or 5,775
disallowed and, if allowed, the weekly and total extended 5,776
benefits payable and the effective date of the application. The 5,777
claimant, the claimant's most recent employer, and any other 5,778
employer in the base period of the claim upon which the extended 5,780
benefits are based, and who was chargeable for regular benefits 5,781
based on such claim, shall be notified of such determination. 5,782
(b) The determination issued to the most recent or other 5,784
base period employer shall include the total amount of extended 5,785
benefits which THAT may be charged to the employer's account. 5,786
Such potential charge amount shall be an amount equal to 5,788
one-fourth of the regular benefits chargeable to the employer's 5,789
account on the regular claim upon which extended benefits are 5,791
based except that, effective January 1, 1979, the potential 5,792
charge amount to the state and its instrumentalities and its 5,793
political subdivisions and their instrumentalities shall be an 5,794
amount equal to one-half of the regular benefits chargeable to 5,795
their accounts on such claim. If regular benefits were 5,796
chargeable to the mutualized account, in lieu of an employer's 5,797
account, then the extended benefits which are based on such prior 5,798
137
mutualized benefits shall also be charged to the mutualized 5,799
account.
(c) As extended benefits are paid to eligible individuals: 5,801
(i) One-half of such benefits will be charged to an 5,803
extended benefit account to which reimbursement payments of 5,804
one-half of extended benefits, received from the federal 5,805
government as described in division (J) of this section, will be 5,806
credited; and 5,807
(ii) One-half of the extended benefits shall be charged to 5,809
the accounts of base period employers and the mutualized account 5,810
in the same sequence PROPORTION as was provided for on the 5,811
regular claim; or 5,812
(iii) The full amount of extended benefits shall be 5,814
charged to the accounts of the state and its instrumentalities, 5,815
and its political subdivisions and their instrumentalities. 5,816
Employers making payments in lieu of contributions shall be 5,817
charged in accordance with division (B)(1) of section 4141.241 of 5,818
the Revised Code. 5,819
(d) If the application for extended benefits is 5,821
disallowed, a determination shall be issued to the claimant, 5,822
which determination shall set forth the reasons for the 5,823
disallowance. Determinations issued under this division, whether 5,824
allowed or disallowed, shall be subject to reconsideration and 5,825
appeal in accordance with section 4141.28 of the Revised Code. 5,826
(2) Any additional or continued claims, as described in 5,828
division (F) of section 4141.01 of the Revised Code, filed by an 5,829
individual at the beginning of, or during, the individual's 5,830
extended benefit period shall be determined under division (D) of 5,832
section 4141.28 of the Revised Code, and such determination shall 5,833
be subject to reconsideration and appeal in accordance with 5,834
section 4141.28 of the Revised Code. 5,835
(I) Notwithstanding division (B) of this section, payment 5,837
of extended benefits under this section shall not be made to any 5,838
individual for any week of unemployment in the individual's 5,839
138
eligibility period during which the individual fails to accept 5,841
any offer of suitable work, as defined in division (I)(2) of this 5,843
section, or fails to apply for any suitable work to which the 5,844
individual was referred by the administrator, or fails to 5,846
actively engage in seeking work, as prescribed in division (I)(4) 5,847
of this section.
(1) If any individual is ineligible for extended benefits 5,849
for any week by reason of a failure described in this division, 5,850
the individual shall be ineligible to receive extended benefits 5,851
beginning with the week in which the failure occurred and 5,852
continuing until the individual has been employed during each of 5,853
four subsequent weeks and the total remuneration earned by the 5,854
individual for this employment is equal to or more than four 5,855
times the individual's weekly extended benefit amount, and has 5,856
met all other eligibility requirements of this section, in order 5,857
to establish entitlement to extended benefits. 5,858
(2) For purposes of this section, the term "suitable work" 5,860
means, with respect to an individual, any work which is within 5,861
the individual's capabilities, provided that with respect to the 5,862
position all of the following requirements are met: 5,863
(a) It offers the individual gross average weekly 5,865
remuneration of more than the sum of: 5,866
(i) The individual's extended weekly benefit amount; and 5,868
(ii) The amount of supplemental unemployment compensation 5,870
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,871
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,872
the individual for the week of unemployment. 5,873
(b) It pays equal to or more than the higher of: 5,875
(i) The minimum wage provided by section 6(a)(1) of the 5,877
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,878
206, without regard to any exemption; or 5,879
(ii) Any applicable state or local minimum wage. 5,881
(c) It is offered to the individual in writing or is 5,883
listed with the employment office maintained or designated by the 5,884
139
bureau of employment services. 5,885
(3) Extended benefits shall not be denied under this 5,887
division to any individual for any week by reason of a failure to 5,888
accept an offer of, or apply for suitable work if either of the 5,889
following conditions apply: 5,890
(a) The failure would not result in a denial of benefits 5,892
to a regular benefit claimant under section 4141.29 of the 5,893
Revised Code to the extent that section 4141.29 of the Revised 5,894
Code is not inconsistent with division (I)(2) of this section; 5,895
(b) The individual furnishes evidence satisfactory to the 5,897
administrator that the individual's prospects for obtaining work 5,898
in the individual's customary occupation within a reasonably 5,899
short period are good. If the evidence is deemed satisfactory, 5,901
the determination as to whether any work is suitable work with 5,902
respect to this individual and whether the individual is 5,903
ineligible or disqualified shall be based upon the meaning of 5,904
"suitable work" and other provisions in section 4141.29 of the 5,905
Revised Code.
(4) For purposes of this section, an individual shall be 5,907
treated as actively engaged in seeking work during any week if: 5,908
(a) The individual has engaged in a systematic and 5,910
sustained effort to obtain work during that week; and 5,911
(b) The individual provides tangible evidence to the 5,913
administrator that the individual has engaged in the effort 5,914
during that week. 5,915
(5) The administrator shall refer applicants for extended 5,917
benefits to job openings that meet the requirements of divisions 5,918
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,919
case of applicants whose prospects are determined not to be good 5,920
under division (I)(3)(b) of this section to any suitable work 5,921
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,922
section. 5,923
(6) Individuals denied extended or regular benefits under 5,925
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,926
140
of being given a disciplinary layoff for misconduct must, after 5,927
the date of disqualification, work the length of time and earn 5,928
the amount of remuneration specified in division (I)(1) of this 5,929
section, and meet all other eligibility requirements of this 5,930
section, in order to establish entitlement to extended benefits. 5,931
(J) All payments of extended benefits made pursuant to 5,933
this section shall be paid out of the unemployment compensation 5,934
fund, provided by section 4141.09 of the Revised Code, and all 5,935
payments of the federal share of extended benefits that are 5,936
received as reimbursements under section 204 of the 5,937
"Federal-State Extended Unemployment Compensation Act of 1970," 5,938
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,939
unemployment compensation fund and shall be credited to the 5,940
extended benefit account established by division (G) of this 5,941
section. Any refund of extended benefits, because of prior 5,942
overpayment of such benefits, may be made from the unemployment 5,943
compensation fund. 5,944
(K) In the administration of the provisions of this 5,946
section which are enacted to conform with the requirements of the 5,947
"Federal-State Extended Unemployment Compensation Act of 1970," 5,948
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,949
action consistent with state law, as may be necessary: 5,950
(1) To ensure that the provisions are so interpreted and 5,952
applied as to meet the requirements of the federal act as 5,953
interpreted by the United States department of labor; and 5,954
(2) To secure to this state the full reimbursement of the 5,956
federal share of extended benefits paid under this section that 5,957
are reimbursable under the federal act. 5,958
Sec. 4141.43. (A) The administrator of the bureau of 5,967
employment services may cooperate with the industrial commission, 5,968
the bureau of workers' compensation, the United States internal 5,970
revenue service, the United States employment service, the 5,971
department of human services, and other similar departments and 5,972
agencies, as determined by the administrator, in the exchange or 5,973
141
disclosure of information as to wages, employment, payrolls, 5,974
unemployment, and other information. The administrator may 5,975
employ, jointly with one or more of such agencies or departments, 5,976
auditors, examiners, inspectors, and other employees necessary 5,977
for the administration of this chapter and employment and 5,978
training services for workers in the state. 5,979
(B) The administrator may make the state's record relating 5,981
to the administration of this chapter available to the railroad 5,982
retirement board and may furnish the board at the board's expense 5,983
such copies thereof as the board deems necessary for its 5,984
purposes. 5,985
(C) The administrator may afford reasonable cooperation 5,987
with every agency of the United States charged with the 5,988
administration of any unemployment compensation law. 5,989
(D) The administrator may enter into arrangements with the 5,991
appropriate agencies of other states or of the United States or 5,992
Canada whereby individuals performing services in this and other 5,993
states for a single employer under circumstances not specifically 5,994
provided for in division (B) of section 4141.01 of the Revised 5,995
Code or in similar provisions in the unemployment compensation 5,996
laws of such other states shall be deemed to be engaged in 5,997
employment performed entirely within this state or within one of 5,998
such other states or within Canada, and whereby potential rights 5,999
to benefits accumulated under the unemployment compensation laws 6,000
of several states or under such a law of the United States, or 6,001
both, or of Canada may constitute the basis for the payment of 6,002
benefits through a single appropriate agency under terms that the 6,003
administrator finds will be fair and reasonable as to all 6,004
affected interests and will not result in any substantial loss to 6,005
the unemployment compensation fund. 6,006
(E) The administrator may enter into agreements with the 6,008
appropriate agencies of other states or of the United States or 6,009
Canada: 6,010
(1) Whereby services or wages upon the basis of which an 6,012
142
individual may become entitled to benefits under the unemployment 6,013
compensation law of another state or of the United States or 6,014
Canada shall be deemed to be employment or wages for employment 6,015
by employers for the purposes of qualifying claimants for 6,016
benefits under this chapter, and the administrator may estimate 6,017
the number of weeks of employment represented by the wages 6,018
reported to the administrator for such claimants by such other 6,019
agency, provided such other state agency or agency of the United 6,021
States or Canada has agreed to reimburse the unemployment 6,022
compensation fund for such portion of benefits paid under this 6,023
chapter upon the basis of such services or wages as the 6,024
administrator finds will be fair and reasonable as to all 6,025
affected interests;
(2) Whereby the administrator will reimburse other state 6,027
or federal or Canadian agencies charged with the administration 6,028
of unemployment compensation laws with such reasonable portion of 6,029
benefits, paid under the law of such other states or of the 6,030
United States or of Canada upon the basis of employment or wages 6,031
for employment by employers, as the administrator finds will be 6,032
fair and reasonable as to all affected interests. Reimbursements 6,033
so payable shall be deemed to be benefits for the purpose of 6,034
section 4141.09 and division (A) of section 4141.30 of the 6,035
Revised Code. However, no reimbursement so payable shall be 6,036
charged against any employer's account for the purposes of 6,037
section 4141.24 of the Revised Code if the employer's account, 6,038
under the same or similar circumstances, with respect to benefits 6,039
charged under the provisions of this chapter, other than this 6,041
section, would not be charged or, if the claimant at the time the 6,042
claimant files the combined wage claim cannot establish benefit 6,043
rights under this chapter. This noncharging shall not be 6,044
applicable to a nonprofit organization that has elected to make 6,045
payments in lieu of contributions under section 4141.241 of the 6,046
Revised Code, except as provided in division (D)(2) of section 6,048
4141.24 of the Revised Code. The administrator may make to other 6,050
143
state or federal or Canadian agencies and receive from such other 6,051
state or federal or Canadian agencies reimbursements from or to 6,052
the unemployment compensation fund, in accordance with 6,053
arrangements pursuant to this section. 6,054
(3) Notwithstanding division (B)(2)(f) of section 4141.01 6,056
of the Revised Code, the administrator may enter into agreements 6,057
with other states whereby services performed for a crew leader, 6,058
as defined in division (BB) of section 4141.01 of the Revised 6,059
Code, may be covered in the state in which the crew leader 6,060
either: 6,061
(a) Has the crew leader's place of business or from which 6,064
the crew leader's business is operated or controlled; 6,065
(b) Resides if the crew leader has no place of business in 6,068
any state. 6,069
(F) The administrator may apply for an advance to the 6,071
unemployment compensation fund and do all things necessary or 6,072
required to obtain such advance and arrange for the repayment of 6,073
such advance in accordance with Title XII of the "Social Security 6,074
Act" as amended. 6,075
(G) The administrator may enter into reciprocal agreements 6,077
or arrangements with the appropriate agencies of other states in 6,078
regard to services on vessels engaged in interstate or foreign 6,079
commerce whereby such services for a single employer, wherever 6,080
performed, shall be deemed performed within this state or within 6,081
such other states. 6,082
(H) The administrator shall participate in any 6,084
arrangements for the payment of compensation on the basis of 6,085
combining an individual's wages and employment, covered under 6,086
this chapter, with the individual's wages and employment covered 6,087
under the unemployment compensation laws of other states which 6,089
are approved by the United States secretary of labor in 6,090
consultation with the state unemployment compensation agencies as 6,091
reasonably calculated to assure the prompt and full payment of 6,092
compensation in such situations and which include provisions for: 6,093
144
(1) Applying the base period of a single state law to a 6,095
claim involving the combining of an individual's wages and 6,096
employment covered under two or more state unemployment 6,097
compensation laws, and 6,098
(2) Avoiding the duplicate use of wages and employment by 6,100
reason of such combining. 6,101
(I) The administrator shall cooperate with the United 6,103
States department of labor to the fullest extent consistent with 6,104
this chapter, and shall take such action, through the adoption of 6,105
appropriate rules, regulations, and administrative methods and 6,106
standards, as may be necessary to secure to this state and its 6,107
citizens all advantages available under the provisions of the 6,108
"Social Security Act" that relate to unemployment compensation, 6,109
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,110
U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,112
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,113
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306, AND 6,114
THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 6,116
U.S.C.A. 2801 ET SEQ.
(J)(1) THE ADMINISTRATOR MAY DISCLOSE WAGE INFORMATION 6,118
FURNISHED TO OR MAINTAINED BY THE ADMINISTRATOR UNDER CHAPTER 6,119
4141. OF THE REVISED CODE TO A CONSUMER REPORTING AGENCY AS 6,120
DEFINED BY THE "FAIR CREDIT REPORTING ACT," 84 STAT. 1128, 15 6,121
U.S.C.A. 1681a, AS AMENDED, FOR THE PURPOSE OF VERIFYING AN 6,122
INDIVIDUAL'S INCOME, ON THE CONDITION THAT THE CONSUMER 6,124
REPORTING AGENCY SUBMITS TO THE ADMINISTRATOR A STATEMENT IN 6,125
WRITING FROM THE CONSUMER REPORTING AGENCY AS SPECIFIED IN 6,126
DIVISION (J)(2) OF THIS SECTION. THE ADMINISTRATOR SHALL 6,127
DESIGNATE A MANNER AND FORMAT IN WHICH THIS INFORMATION MAY BE 6,128
PROVIDED.
(2) WITH EACH INCOME VERIFICATION REQUEST MADE UNDER 6,130
DIVISION (J)(1) OF THIS SECTION, THE CONSUMER REPORTING AGENCY 6,131
REQUESTING THE INFORMATION SHALL PROVIDE ALL OF THE FOLLOWING TO 6,132
THE ADMINISTRATOR:
145
(a) WRITTEN PROOF OF INFORMED CONSENT FROM THE INDIVIDUAL 6,134
WHOSE INFORMATION IS TO BE DISCLOSED; 6,135
(b) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 6,137
REPORTING AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS 6,138
DISCLOSED OR RELEASED WILL SAFEGUARD THE INFORMATION FROM ILLEGAL 6,139
OR UNAUTHORIZED DISCLOSURE;
(c) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 6,141
REPORTING AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH 6,142
THE DISCLOSURE.
(K) THE ADMINISTRATOR SHALL ADOPT RULES DEFINING THE 6,144
REQUIREMENTS OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION 6,145
INFORMATION SPECIFIED IN DIVISION (J) OF THIS SECTION, WHICH 6,146
SHALL INCLUDE ALL TERMS AND CONDITIONS NECESSARY TO MEET THE 6,147
REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY THE UNITED STATES 6,148
DEPARTMENT OF LABOR OR CONSIDERED NECESSARY BY THE ADMINISTRATOR 6,149
FOR THE PROPER ADMINISTRATION OF THIS SECTION.
Sec. 5104.11. (A)(1) Except as provided in division 6,158
(G)(1) of section 5104.011 of the Revised Code, after receipt of 6,159
an application for certification from a type B family day-care 6,160
home, the county director of human services shall inspect. If it 6,162
complies with this chapter and any applicable rules adopted under
this chapter, the county department shall certify the type B 6,163
family day-care home to provide publicly funded child day-care 6,165
pursuant to this chapter and any rules adopted under it. The 6,166
director of human services or a county director of human services 6,167
may contract with a government entity or a private nonprofit 6,168
entity for that entity to inspect and certify type B family 6,169
day-care homes pursuant to this section. The county department 6,170
of human services, government entity, or nonprofit entity shall 6,172
conduct the inspection prior to the issuance of a certificate for 6,173
the type B home and, as part of that inspection, shall ensure 6,174
that the type B home is safe and sanitary. An
(2) EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS SECTION, 6,177
AN authorized provider of a type B family day-care home that 6,178
146
receives a certificate pursuant to this section to provide 6,179
publicly funded child day-care is an independent contractor and 6,180
is not an employee of the county department of human services 6,181
that issues the certificate. 6,182
(3) FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE, 6,184
DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED 6,185
PROVIDER OF A TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A 6,186
CERTIFICATE PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER 6,187
CHAPTER 4141. OF THE REVISED CODE. 6,188
(B) Every person desiring to receive certification for a 6,190
type B family day-care home shall apply for certification to the 6,191
county director of human services on such forms as the director 6,192
of human services prescribes. The county director shall provide 6,193
at no charge to each applicant a copy of rules for certifying 6,194
type B family day-care homes adopted pursuant to this chapter. 6,195
(C) If the county director of human services determines 6,197
that the type B family day-care home complies with this chapter 6,198
and any rules adopted under it, the county director shall issue 6,200
to the provider a certificate to provide publicly funded child 6,201
day-care for twelve months. The county director may revoke the 6,202
certificate after determining that revocation is necessary. The 6,203
authorized provider shall post the certificate in a conspicuous 6,205
place in the certified type B home that is accessible to parents, 6,206
custodians, or guardians at all times. The certificate shall 6,207
state the name and address of the authorized provider, the 6,208
maximum number of children who may be cared for at any one time 6,209
in the certified type B home, the expiration date of the 6,210
certification, and the name and telephone number of the county 6,211
director who issued the certificate. 6,212
(D) The county director shall inspect every certified type 6,214
B family day-care home at least twice within each twelve-month 6,215
period of the operation of the certified type B home. A minimum 6,216
of one inspection shall be unannounced and all inspections may be 6,217
unannounced. Upon receipt of a complaint, the county director 6,218
147
shall investigate and may inspect the certified type B home. The 6,219
authorized provider shall permit the county director to inspect 6,220
any part of the certified type B home. The county director shall 6,221
prepare a written inspection report and furnish one copy to the 6,222
authorized provider within a reasonable time after the 6,223
inspection. 6,224
(E) The county director of human services, in accordance 6,226
with rules adopted pursuant to section 5104.052 of the Revised 6,227
Code regarding fire safety and fire prevention, shall inspect 6,228
each type B home that applies to be certified that is providing 6,229
or is to provide publicly funded child day-care. 6,230
(F) All materials that are supplied by the department of 6,232
human services to type A family day-care home providers, type B 6,233
family day-care home providers, in-home aides, persons who desire 6,234
to be type A family day-care home providers, type B family 6,235
day-care home providers, or in-home aides, and caretaker parents 6,236
shall be written at no higher than the sixth grade reading level. 6,237
The department may employ a readability expert to verify its 6,238
compliance with this division. 6,239
Section 2. That existing sections 2301.371, 3111.20, 6,241
3113.21, 4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 6,242
4141.301, 4141.43, and 5104.11 of the Revised Code are hereby 6,243
repealed.
Section 3. Section 4141.28 of the Revised Code is 6,245
presented in this act as a composite of the section as amended by 6,246
both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General 6,247
Assembly, with the new language of neither of the acts shown in 6,249
capital letters. This is in recognition of the principle stated 6,250
in division (B) of section 1.52 of the Revised Code that such 6,251
amendments are to be harmonized where not substantively 6,252
irreconcilable and constitutes a legislative finding that such is 6,253
the resulting version in effect prior to the effective date of 6,254
this act.