As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 509 5
1999-2000 6
REPRESENTATIVES CORBIN-CATES 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 and to maintain the
provisions of this act on and after July 1, 2000, 16
by amending the versions of sections 2301.371, 18
3111.20, 3113.21, 4141.01, 4141.162, 4141.21,
4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 19
4141.43, and 5104.11 of the Revised Code that
take effect on that date. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2301.371, 3111.20, 3113.21, 24
4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 4141.301, 25
4141.43, and 5104.11 be amended and sections 4141.281, 4141.282, 27
and 4141.283 of the Revised Code be enacted to read as follows: 28
Sec. 2301.371. (A) If a child support enforcement agency 37
discovers pursuant to an investigation conducted under section 38
2301.37 of the Revised Code that an obligor under a child support 39
order that it is administering may be receiving unemployment 40
compensation benefits or if a child support enforcement agency 41
receives notice or otherwise discovers that an obligor under a 42
child support order may be receiving unemployment compensation 43
benefits, the agency promptly shall conduct an investigation to 44
determine whether the obligor is receiving unemployment 45
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compensation benefits and to determine the amount of the 46
benefits. The investigation shall be completed within ten days 47
of the agency's discovery or receipt of the notice. 48
(B) Upon completion of an investigation conducted under 50
division (A) of this section, if the agency finds that the 51
obligor is receiving unemployment compensation benefits, it 52
shall, in accordance with sections 3111.20 to 3111.28 and, 53
3113.21 to 3113.219, AND 4141.282 of the Revised Code, division 55
(D)(4) of section 4141.28 of the Revised Code, and federal law 56
governing the bureau of employment services, notify the bureau of 59
employment services to withhold or deduct an amount from the 61
unemployment compensation benefits to pay child support 62
obligations. EFFECTIVE FOR APPLICATIONS TO ESTABLISH 64
UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27, 65
1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT 66
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S 67
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE ADMINISTRATOR OF THE 68
BUREAU OF EMPLOYMENT SERVICES. 69
The agency may not impose the processing charge pursuant to 71
division (G)(1) of section 2301.35 of the Revised Code with 72
respect to amounts withheld or deducted from unemployment 74
compensation pursuant to this section.
(C) The department of human services shall adopt rules in 76
accordance with Chapter 119. of the Revised Code to implement 77
this section, which rules shall be consistent with division 79
(D)(4) of section 4141.28 4141.282 of the Revised Code and 81
federal law governing the bureau of employment services. 82
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 84
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 93
of the Revised Code: 94
(1) "Obligor" means the person required to pay support 96
under an administrative support order. 97
(2) "Obligee" means the person entitled to receive the 99
support payments under an administrative support order. 100
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(3) "Administrative support order" means an administrative 102
order for the payment of support that is issued by a child 103
support enforcement agency. 104
(4) "Support" means child support. 106
(5) "Personal earnings" means compensation paid or payable 108
for personal services, however denominated, and includes, but is 109
not limited to, wages, salary, commissions, bonuses, draws 110
against commissions, profit sharing, and vacation pay. 111
(6) "Financial institution" means a bank, savings and loan 113
association, or credit union, or a regulated investment company 114
or mutual fund in which a person who is required to pay support 115
has funds on deposit that are not exempt under the law of this 116
state or the United States from execution, attachment, or other 117
legal process. 118
(7) "Title IV-D case" means any case in which the child 120
support enforcement agency is enforcing the support order 121
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 122
2351 (1975), 42 U.S.C. 651, as amended. 123
(8) "Payor" means any person or entity that distributes 126
income to an obligor including the obligor, if the obligor is 128
self-employed; an employer; an employer that is paying the 129
obligor's workers' compensation benefits; the public employees 130
retirement board; the governing entity of any municipal 131
retirement system; the board of trustees of the Ohio police and 133
fire pension fund; the state teachers retirement board; the 134
school employees retirement board; the state highway patrol 135
retirement board; a person paying or otherwise distributing an 136
obligor's income; the bureau of workers' compensation; or any 137
other person or entity, except the bureau of employment services 139
with respect to unemployment compensation benefits paid pursuant 140
to Chapter 4141. of the Revised Code. 141
(9) "Income" means any form of monetary payment including 144
personal earnings; unemployment compensation benefits to the 145
extent permitted by, and in accordance with, section SECTIONS 146
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2301.371 of the Revised Code, division (D)(4) of section 4141.28 149
AND 4141.282 of the Revised Code, and federal law governing the 151
bureau of employment services; workers' compensation payments; 152
pensions; annuities; allowances; retirement benefits; disability 154
or sick pay; insurance proceeds; lottery prize awards; federal, 155
state, or local government benefits to the extent that the 156
benefits can be withheld or deducted under the law governing the 157
benefits; any form of trust fund or endowment; lump-sum payments; 158
and any other monetary payments.
(B) A man who is presumed to be the natural father of a 161
child pursuant to section 3111.03 of the Revised Code assumes the 162
parental duty of support with respect to the child. 163
(C) Notwithstanding section 3109.01 of the Revised Code, a 165
parent's duty of support for a child shall continue beyond the 166
age of majority as long as the child continuously attends on a 167
full-time basis any recognized and accredited high school or a 169
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 170
which a child support order requires the duty of support to 171
continue for any period after the child reaches nineteen years of 172
age, the duty does not continue after the child reaches nineteen 173
years of age. The parental duty of support shall continue during 174
seasonal vacations. 175
A parent, guardian, or legal custodian of a child, the 177
person with whom the child resides, or the child support 178
enforcement agency of the county in which the child, parent, 179
guardian, or legal custodian of the child resides may file a 181
complaint pursuant to section 2151.231 of the Revised Code in the 182
juvenile court of that county requesting the court to order a 183
parent who neglects or does not assume the parental duty of 184
support to pay an amount for the support of the child and to 185
provide for the health care needs of the child, may contact a 187
child support enforcement agency for assistance in obtaining the 188
order, or may request an administrative officer of a child 189
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support enforcement agency to issue an administrative order for 190
the payment of child support and providing for the health care 191
needs of the child pursuant to division (D) of this section. 192
Upon the filing of the complaint or the making of the request, 193
the court shall issue an order requiring the payment of support 194
for the child and providing for the health care needs of the 195
child, pursuant to section 2151.231 of the Revised Code, or the 196
administrative officer, pursuant to division (D) of this section, 197
shall issue an order requiring the payment of support for the 198
child and providing for the health care needs of the child. 199
A party to a request made under this division may raise the 201
issue of the existence or nonexistence of a parent-child 202
relationship between the presumed natural father and the child 203
unless the presumption is based on acknowledgment of paternity 204
that has become final pursuant to section 2151.232, 3111.211, or 205
5101.314 of the Revised Code. If a request is made for an 206
administrative order providing for support and health care needs 208
pursuant to division (D) of this section and the issue of the 210
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 211
request made pursuant to section 3111.22 of the Revised Code and 212
determine the issue pursuant to that section. An administrative 213
order issued pursuant to division (D) of this section does not 215
preclude a party from requesting a determination of the issue of 216
the existence or nonexistence of a parent-child relationship 217
pursuant to this chapter if the issue was not determined with 219
respect to the party in the proceedings conducted pursuant to 220
division (D) of this section or pursuant to an acknowledgment of 221
paternity that has become final under section 2151.232, 3111.211, 222
or 5101.314 of the Revised Code. An order issued pursuant to 224
division (D) of this section shall remain effective until a final 225
and enforceable determination is made pursuant to this chapter 226
that a parent-child relationship does not exist between the 227
presumed natural father and the child or until the occurrence of 228
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an event described in division (E)(4)(a) of section 3111.23 of 229
the Revised Code that requires the order to be terminated. 230
(D) If a request is made pursuant to division (C) of this 232
section or division (A) of section 3111.211 of the Revised Code 233
for an administrative order requiring the payment of child 235
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 237
to determine, in accordance with sections 3111.23 to 3111.29 and 238
3113.215 of the Revised Code, the amount of child support either 239
parent is required to pay, the method of paying that child 241
support, and the method of providing for the child's health care. 242
The hearing shall be held not later than sixty days after the 243
request is made pursuant to division (A) of this section or 245
division (A) of section 3111.211 of the Revised Code nor earlier 246
than thirty days after the officer gives the mother and father of 247
the child notice of the action. When an administrative officer 248
issues an administrative order for the payment of support and 249
provision for the child's health care, all of the following 250
apply:
(1) The administrative support order shall require 253
periodic payments of support that may vary in amount, except 255
that, if it is in the best interest of the child, the 256
administrative officer may order a lump sum payment or the 257
purchase of an annuity in lieu of periodic payments of support. 258
(2) The administrative support order shall require the 260
parents to provide for the health care needs of the child in 261
accordance with section 3111.241 of the Revised Code. 262
The administrative support order shall include a notice 264
stating that the mother or the father may object to the 266
administrative order by bringing an action for the payment of 267
support and provision for the child's health care under section 268
2151.321 of the Revised Code in the juvenile court of the county 269
in which the child or the guardian or legal custodian of the 270
child resides, that the action may be brought no later than 271
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thirty days after the date of the issuance of the administrative 272
support order, and that, if neither the mother nor the father 273
brings an action for the payment of support and provision for the 274
child's health care within that thirty-day period, the 276
administrative support order is final and enforceable by a court 277
and may be modified and enforced only as provided in sections 278
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 280
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 282
Sec. 3113.21. (A)(1) In any action in which support is 291
ordered under Chapter 3115. or under section 2151.23, 2151.231, 292
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 293
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 294
Revised Code, the court shall require the withholding or 295
deduction of income or assets of the obligor in accordance with 296
division (D) of this section or require the issuance of another 297
type of appropriate court order in accordance with division 298
(D)(3) or (4) or (H) of this section to ensure that withholding 300
or deduction from the income or assets of the obligor is 301
available from the commencement of the support order for the 303
collection of the support and any arrearages that occur. The 304
court shall determine the specific withholding or deduction 305
requirements or other appropriate requirements applicable to the 306
obligor under the support order in accordance with divisions (D) 307
and (H) of this section and section 2301.371 of the Revised Code 308
and shall include the specific requirements in the notices 309
described in divisions (A)(2) and (D) of this section or in the 310
court orders described in divisions (A)(2), (D)(3) or (4), and 311
(H) of this section. Any person required to comply with any 313
withholding or deduction requirement shall determine the manner 314
of withholding or deducting from the specific requirement 315
included in the notices described in those divisions without the 316
need for any amendment to the support order, and any person 317
required to comply with a court order described in division 318
(D)(3), (D)(4), or (H) of this section shall comply with the 320
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court order without the need for any amendment to the support 321
order. The court shall include in any action in which support is 322
ordered as described in division (A)(1) of this section a general 323
provision that states the following:
"All child support and spousal support under this order 326
shall be withheld or deducted from the income or assets of the 328
obligor pursuant to a withholding or deduction notice or 329
appropriate court order issued in accordance with section 3113.21 330
of the Revised Code or a withdrawal directive issued pursuant to 331
section 3113.214 of the Revised Code and shall be forwarded to 332
the obligee in accordance with sections 3113.21 to 3113.213 of 333
the Revised Code." 334
(2) In any action in which support is ordered or modified 336
as described in division (A)(1) of this section, the court shall 337
determine in accordance with divisions (D) and (H) of this 338
section the types of withholding or deduction requirements or 339
other appropriate requirements that should be imposed relative to 340
the obligor under the support order to collect the support due 341
under the order. Within fifteen days after the obligor under the 342
support order is located subsequent to the issuance of the 343
support order or within fifteen days after the default under the 345
support order, whichever is applicable, the court or the child 346
support enforcement agency, as determined by agreement of the 347
court and the agency, shall send a notice by regular mail to each 348
person required to comply with a withholding or deduction 349
requirement. The notice shall specify the withholding or 350
deduction requirement and shall contain all of the information 351
set forth in division (D)(1)(b) or (2)(b) of this section that is 352
applicable to the requirement. If the appropriate requirement is 354
an order of the type described in division (D)(3), (D)(4), or (H) 355
of this section, the court shall issue and send a court order in 356
accordance with that division. The notices and court orders, and 357
the notices provided by the court or child support enforcement 358
agency that require the obligor to notify the agency of any 359
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change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 360
enforceable by the court. When the court or agency issues a 361
notice, it shall provide the notice to the obligor in accordance 362
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 364
is applicable, and shall include with the notice the additional 365
notices described in the particular division that is applicable. 366
(3)(a) If support is ordered or modified on or after 368
December 31, 1993, under Chapter 3115. or under section 2151.23, 369
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 371
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 372
of the Revised Code, if the court has determined in accordance 373
with division (A)(2) of this section the types of withholding or 374
deduction requirements or other appropriate requirements that 375
should be imposed relative to the obligor under the support order 376
to collect the support due under the order, if the court or a 377
child support enforcement agency has mailed the appropriate 378
notice to the person required to comply with the withholding or 379
deduction requirements that the court has determined should be 380
imposed or the court has issued and sent a court order described 381
in division (D)(3), (D)(4), or (H) of this section containing the 383
other appropriate requirements that the court determined should 384
be imposed, and if the child support enforcement agency is 385
notified or otherwise determines that the employment status or 386
other circumstances of the obligor have changed and that it is 387
more appropriate to impose another type of or an additional 388
withholding or deduction requirement or another type of or 389
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 390
3113.212 of the Revised Code. The notices and court orders 391
issued under this division and section 3113.212 of the Revised 392
Code, and the notices provided by the court or child support 393
enforcement agency that require the obligor to notify the agency 394
of any change in the obligor's employment status or of any other 395
10
change in the status of the obligor's assets, are final and are 397
enforceable by the court.
(b) All orders for support issued prior to December 31, 400
1993, under Chapter 3115. or under section 2151.23, 2151.231, 401
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 403
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 404
Code that have not been modified or subject to division (B) of 406
this section regarding a default under the order on or after that 407
date shall be considered to contain the general provision 408
described in division (A)(1) of this section and shall be 409
enforced and modified in the same manner as an order for support 410
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 412
forms for the support withholding and deduction notices that are 413
prescribed by divisions (A)(1) to (3) and (B) of this section. 414
All courts and child support enforcement agencies shall use the 415
forms in issuing withholding and deduction notices in compliance 416
with this section. 417
(B)(1)(a) In any action in which support is ordered under 419
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 420
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 422
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 423
or 3113.31 of the Revised Code and in which there has been a 424
default under the order, the court shall comply with divisions 425
(B)(1) to (6) of this section. 426
If the support was ordered prior to December 31, 1993, or 428
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 430
Code, the court that issued the order, or in the case of an order 432
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 433
Code, the common pleas court of the county in which the child 434
support enforcement agency that issued the order is located, 435
shall reissue the support order under which there has been a 436
default and shall include in the reissued order a general 437
provision as described in this division requiring the withholding 438
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or deduction of income or assets of the obligor in accordance 440
with division (D) of this section or requiring the issuance of a 441
court order containing another type of appropriate requirement in 442
accordance with division (D)(3), (D)(4), or (H) of this section 444
to ensure that withholding or deduction from the income or assets 446
is available for the collection of current support and any 448
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 450
support order includes a general provision similar to the one 451
described in this division, the court shall replace the similar 452
general provision with the general provision described in this 453
division. Except for the inclusion or replacement of the general 454
provision, the provisions of the reissued order required under 455
this division shall be identical to those of the support order 456
under which there has been a default. 457
When support has been ordered under any chapter or section 460
described in this division, the child support enforcement agency 461
shall initiate support withholding when the order is in default. 462
Immediately after the identification of a default under the 463
support order, the child support enforcement agency shall conduct 465
the investigation described in division (B)(1)(b) of this 466
section. Additionally, within fifteen calendar days after the 467
identification of a default under the support order, the child 468
support enforcement agency shall investigate the default and, if 469
it is before July 1, 1999, send advance notice to the obligor. 470
On and after that date, the division of child support in the 472
department of human services shall send the advance notice to the 473
obligor. The advance notice shall include a notice describing 474
the actions that may be taken against the obligor pursuant to 475
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 476
2301.45, and 3113.214 of the Revised Code if the court or agency 477
makes a final and enforceable determination that the obligor is 478
in default pursuant to this division. If the location of the 480
obligor is unknown at the time of the identification of a default 481
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under the support order, the division shall send the advance 482
notice to the obligor within fifteen days after the agency 483
locates the obligor. The general provision for the withholding 484
or deduction of income or assets to be included in the reissued 486
support order specifically shall include the following statement: 487
"All child support and spousal support under this order 490
shall be withheld or deducted from the income or assets of the 492
obligor pursuant to a withholding or deduction notice or 493
appropriate court order issued in accordance with section 3113.21 494
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 495
the obligee in accordance with sections 3113.21 to 3113.213 of 496
the Revised Code." 497
(b) After the identification of a default under a support 499
order as described in division (B)(1)(a) of this section, the 500
child support enforcement agency immediately shall conduct an 501
investigation to determine the employment status of the obligor, 502
the obligor's social security number, the name and business 503
address of the obligor's employer, whether the obligor is in 504
default under a support order, the amount of any arrearages, and 505
any other information necessary to enable the court or agency to 506
impose any withholding or deduction requirements and issue the 507
related notices described in division (D) of this section or to 508
issue any court orders described in division (D)(3) or (4) of 510
this section. The agency also shall conduct an investigation 511
under this division when required by division (C)(1)(a) or (b) of 512
this section, shall complete the investigation within twenty days 513
after the obligor or obligee files the motion with the court 514
under division (C)(1)(a) of this section or the court orders the 515
investigation under division (C)(1)(b) of this section. 516
(2) An advance notice to an obligor required by division 518
(B)(1) of this section shall contain all of the following: 519
(a) A statement of the date on which the advance notice is 521
sent, the amount of arrearages owed by the obligor as determined 522
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by the court or the child support enforcement agency, the types 523
of withholding or deduction requirements and related notices 524
described in division (D) of this section or the types of court 525
orders described in division (D)(3), (D)(4), or (H) of this 527
section that will be issued to pay support and any arrearages, 528
and the amount that will be withheld or deducted pursuant to 529
those requirements; 530
(b) A statement that any notice for the withholding or 532
deduction of an amount from income or assets apply to all current 534
and subsequent payors of the obligor and financial institutions 536
in which the obligor has an account and that any withholding or 537
deduction requirement and related notice described in division 538
(D) of this section or any court order described in division 539
(D)(3), (D)(4), or (H) of this section that is issued will not be 541
discontinued solely because the obligor pays any arrearages; 542
(c) An explanation of the administrative and court action 544
that will take place if the obligor contests the inclusion of any 545
of the provisions; 546
(d) A statement that the contents of the advance notice 548
are final and are enforceable by the court unless the obligor 549
files with the child support enforcement agency, within seven 550
days after the date on which the advance notice is sent, a 551
written request for an administrative hearing to determine if a 552
mistake of fact was made in the notice. 553
(3) If the obligor requests a hearing regarding the 555
advance notice in accordance with division (B)(2)(d) of this 556
section, the child support enforcement agency shall conduct an 557
administrative hearing no later than ten days after the date on 558
which the obligor files the request for the hearing. No later 559
than five days before the date on which the hearing is to be 560
conducted, the agency shall send the obligor and the obligee 561
written notice of the date, time, place, and purpose of the 562
hearing. The notice to the obligor and obligee also shall 563
indicate that the obligor may present testimony and evidence at 564
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the hearing only in regard to the issue of whether a mistake of 565
fact was made in the advance notice. 566
At the hearing, the child support enforcement agency shall 568
determine whether a mistake of fact was made in the advance 569
notice. If it determines that a mistake of fact was made, the 570
agency shall determine the provisions that should be changed and 571
included in a corrected notice and shall correct the advance 572
notice accordingly. The agency shall send its determinations to 573
the obligor. The agency's determinations are final and are 574
enforceable by the court unless, within seven days after the 575
agency makes its determinations, the obligor files a written 576
motion with the court for a court hearing to determine if a 577
mistake of fact still exists in the advance notice or corrected 578
advance notice. 579
(4) If, within seven days after the agency makes its 581
determinations under division (B)(3) of this section, the obligor 582
files a written motion for a court hearing to determine if a 583
mistake of fact still exists in the advance notice or the 584
corrected advance notice, the court shall hold a hearing on the 585
request as soon as possible, but no later than ten days, after 586
the request is filed. If the obligor requests a court hearing, 587
no later than five days before the date on which the court 588
hearing is to be held, the court shall send the obligor and the 589
obligee written notice by ordinary mail of the date, time, place, 590
and purpose of the court hearing. The hearing shall be limited 591
to a determination of whether there is a mistake of fact in the 592
advance notice or the corrected advance notice. 593
If, at a hearing conducted under this division, the court 595
detects a mistake of fact in the advance notice or the corrected 596
advance notice, it immediately shall correct the notice. 597
(5) Upon exhaustion of all rights of the obligor to 599
contest the withholding or deduction on the basis of a mistake of 600
fact and no later than the expiration of forty-five days after 601
the issuance of the advance notice under division (B)(1) of this 602
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section, the court or child support enforcement agency shall 603
issue one or more notices requiring withholding or deduction of 604
income or assets of the obligor in accordance with divisions 606
(A)(2) and (D) of this section, or the court shall issue one or 607
more court orders imposing other appropriate requirements in 608
accordance with division (A)(2) and division (D)(3), (D)(4), or 610
(H) of this section. Thereafter, section 3113.212 of the Revised 611
Code applies in relation to the issuance of the notices and court 612
orders. The notices and court orders issued under this division 613
or section 3113.212 of the Revised Code are final and are 614
enforceable by the court. The court or agency shall send to the 615
obligor by ordinary mail a copy of the withholding or deduction 616
notice, in accordance with division (D) of this section. The 617
failure of the court or agency to give the notice required by 618
this division does not affect the ability of any court to issue 619
any notice or order under this section or any other section of 620
the Revised Code for the payment of support, does not provide any 621
defense to any notice or order for the payment of support that is 622
issued under this section or any other section of the Revised 623
Code, and does not affect any obligation to pay support. 624
(6) The department of human services shall adopt standard 626
forms for the advance notice prescribed by divisions (B)(1) to 627
(5) of this section. All courts and child support enforcement 628
agencies shall use those forms, and the support withholding and 629
deduction notice forms adopted under division (A)(4) of this 630
section, in complying with this section. 631
(C)(1) In any action in which support is ordered under 633
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 634
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 636
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 638
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 640
motion with the court that issued the order requesting the 641
issuance of one or more withholding or deduction notices as 642
16
described in division (D) of this section to pay the support due 643
under the order. The motion may be filed at any time after the 644
support order is issued. Upon the filing of a motion pursuant to 645
this division, the child support enforcement agency immediately 646
shall conduct, and shall complete within twenty days after the 647
motion is filed, an investigation in accordance with division 648
(B)(1)(b) of this section. Upon the completion of the 649
investigation and the filing of the agency's report under 650
division (B)(1)(b) of this section, the court shall issue one or 651
more appropriate orders described in division (D) of this 652
section. 653
(b) If any proceedings involving the support order are 655
commenced in the court and if the court has not issued any orders 656
under division (D) of this section as it existed prior to 658
December 31, 1993, with respect to the support order, if the 659
court determines that any orders issued under division (D) of 660
this section as it existed prior to December 31, 1993, no longer 662
are appropriate, if the court on or after December 31, 1993, has 664
not modified or reissued the support order under division (A) or 666
(B) of this section and issued any notices under division (D) or 667
court orders under division (D)(3) or (4) of this section, or if 669
the court on or after December 31, 1993, has modified or reissued 671
the support order under division (A) or (B) of this section and 672
issued one or more notices under division (D) or one or more 673
court orders under division (D)(3) or (4) of this section but 675
determines that the notices or court orders no longer are 676
appropriate, the court, prior to or during any hearings held with 677
respect to the proceedings and prior to the conclusion of the 678
proceedings, shall order the child support enforcement agency to 679
conduct an investigation pursuant to division (B)(1)(b) of this 680
section. Upon the filing of the findings of the agency following 681
the investigation, the court, as necessary, shall issue one or 682
more notices described in division (D) or one or more court 683
orders described in division (D)(3) or (4) of this section or 685
17
modify any notices previously issued under division (D) or any 686
court orders previously issued under division (D)(3) or (4) of 688
this section.
(c)(i) If a child support enforcement agency, in 690
accordance with section 3113.216 of the Revised Code, requests 691
the court to issue a revised child support order in accordance 692
with a revised amount of child support calculated by the agency, 693
the court shall proceed as described in this division. If 694
neither the obligor nor the obligee requests a court hearing on 695
the revised amount of child support, the court shall issue a 696
revised child support order requiring the obligor to pay the 697
revised amount of child support calculated by the agency. 698
However, if the obligor or the obligee requests a court hearing 699
on the revised amount of child support calculated by the agency, 700
the court, in accordance with division (C)(1)(c)(ii) of this 701
section, shall schedule and conduct a hearing to determine if the 702
revised amount of child support is the appropriate amount and if 703
the amount of child support being paid under the child support 704
order otherwise should be revised. 705
(ii) If the court is required to schedule and conduct a 707
hearing pursuant to division (C)(1)(c)(i) of this section, the 708
court shall give the obligor, obligee, and agency at least thirty 709
days' notice of the date, time, and location of the hearing; 710
order the obligor to provide the court with a copy of the 711
obligor's federal income tax return from the previous year, a 712
copy of all pay stubs obtained by the obligor within the 713
preceding six months, a copy of all other records evidencing the 715
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 716
health insurance and health care policies, contracts, and plans 717
available to the obligor and their costs, and the current health 718
insurance or health care policy, contract, or plan under which 719
the obligor is enrolled and its cost, if the obligor failed to 720
provide any of those documents to the agency, and order the 721
18
obligee to provide the court with a copy of the obligee's federal 722
income tax return from the previous year, a copy of all pay stubs 723
obtained by the obligee within the preceding six months, a copy 725
of all other records evidencing the receipt of any other salary, 726
wages, or compensation by the obligee within the preceding six 727
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 728
costs, and the current health insurance or health care policy, 729
contract, or plan under which the obligee is enrolled and its 730
cost, if the obligee failed to provide any of those documents to 732
the agency; give the obligor and the obligee notice that any 733
willful failure to comply with that court order is contempt of 734
court and, upon a finding by the court that the party is in 735
contempt of court, the court and the agency will take any action 736
necessary to obtain the information or make any reasonable 737
assumptions necessary with respect to the information the person 739
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 741
child support order requiring the obligor to pay the revised 742
amount of child support calculated by the agency, if the court 743
determines at the hearing that the revised amount of child 744
support calculated by the agency is the appropriate amount; and 745
determine the appropriate amount of child support and, if 746
necessary, issue a revised child support order requiring the 747
obligor to pay the amount of child support determined by the 748
court, if the court determines that the revised amount of child 749
support calculated by the agency is not the appropriate amount. 750
(iii) In determining, at a hearing conducted under 752
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 753
amount of child support to be paid by the obligor, the court 754
shall consider, in addition to all other factors required by law 755
to be considered, the appropriate person, whether it is the 756
obligor, obligee, or both, to be required in accordance with 757
section 3113.217 of the Revised Code to provide health insurance 759
19
coverage for the children specified in the order, and the cost of 760
health insurance which the obligor, the obligee, or both have 761
been ordered in accordance with section 3113.217 of the Revised 762
Code to obtain for the children specified in the order. 763
(d)(i) An obligee under a child support order may file a 766
motion with the court that issued the order requesting the court 767
to modify the order to require the obligor to obtain health 768
insurance coverage for the children who are the subject of the 769
order, and an obligor under a child support order may file a 770
motion with the court that issued the order requesting the court 771
to modify the order to require the obligee to obtain health 772
insurance coverage for those children. Upon the filing of such a 773
motion, the court shall order the child support enforcement 774
agency to conduct an investigation to determine whether the 775
obligor or obligee has satisfactory health insurance coverage for 776
the children. Upon completion of its investigation, the agency 777
shall inform the court, in writing, of its determination. If the 778
court determines that neither the obligor nor the obligee has 779
satisfactory health insurance coverage for the children, it shall 780
modify the child support order in accordance with section 782
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 785
file a motion with the court that issued the order requesting the 786
court to modify the amount of child support required to be paid 787
under the order because that amount does not adequately cover the 788
medical needs of the child. Upon the filing of such a motion, 789
the court shall determine whether the amount of child support 790
required to be paid under the order adequately covers the medical 791
needs of the child and whether to modify the order, in accordance 792
with division (B)(4) of section 3113.215 of the Revised Code. 793
(e) Whenever a court modifies, reviews, or otherwise 795
reconsiders a child support order, it may reconsider which parent 796
may claim the children who are the subject of the child support 797
order as dependents for federal income tax purposes as set forth 798
20
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 799
2085, 26 U.S.C. 1, as amended, and shall issue its determination 800
on this issue as part of the child support order. The court in 801
its order may permit the parent who is not the residential parent 802
and legal custodian to claim the children as dependents for 803
federal income tax purposes only if the payments for child 804
support are current in full as ordered by the court for the year 805
in which the children will be claimed as dependents. If the 806
court determines that the parent who is not the residential 807
parent and legal custodian may claim the children as dependents 808
for federal income tax purposes, it shall order the residential 809
parent to take whatever action is necessary pursuant to section 810
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 811
U.S.C. 1, as amended, to enable the parent who is not the 812
residential parent and legal custodian to claim the children as 813
dependents for federal income tax purposes in accordance with the 814
order of the court. Any willful failure of the residential 815
parent to comply with the order of the court is contempt of 816
court. 817
(f) When issuing or modifying a child support order, the 820
court shall include in the order all of the requirements, 821
specifications, and statements described in division (B) of 822
section 3113.218 of the Revised Code. If the obligor or obligee 823
does not request a court hearing on the revised amount of child 824
support determined by the agency and filed with the court 825
pursuant to section 3113.216 of the Revised Code and the court 827
modifies the order to include the revised amount pursuant to 828
division (C)(1)(c)(i) of this section, the modification shall 830
relate back to the first day of the month following the date 831
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 832
Code. If the obligor or obligee requests a court hearing on the 833
revised amount of child support pursuant to this section and 834
section 3113.216 of the Revised Code and the court, after 836
21
conducting a hearing, modifies the child support amount under the 837
order, the modification shall relate back to the first day of the 839
month following the date certain on which the review of the child 840
support order began pursuant to division (C)(1)(a) of section 841
3113.216 of the Revised Code. 842
(2) In any action in which a support order is issued under 844
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 846
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 847
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 848
Code, the court issuing the order also shall conduct a hearing, 849
prior to or at the time of the issuance of the support order, to 850
determine the employment status of the obligor, the obligor's 851
social security number, the name and business address of the 852
obligor's employer, and any other information necessary to enable 853
the court or a child support enforcement agency to issue any 854
withholding or deduction notice described in division (D) of this 855
section or for the court to issue a court order described in 856
division (D)(3) or (4) of this section. The court, prior to the 858
hearing, shall give the obligor notice of the hearing that shall 860
include the date on which the notice is given and notice that the 861
obligor is subject to a requirement for the withholding of a 862
specified amount from income if employed and to one or more other 863
types of withholding or deduction requirements described in 864
division (D) OF THIS SECTION or one or more types of court orders 865
described in division (D)(3) or (4) of this section and that the 868
obligor may present evidence and testimony at the hearing to 869
prove that any of the requirements would not be proper because of 870
a mistake of fact. 871
The court or child support enforcement agency, immediately 873
upon the court's completion of the hearing, shall issue one or 874
more of the types of notices described in division (D) of this 875
section imposing a withholding or deduction requirement, or the 876
court shall issue one or more types of court orders described in 877
division (D)(3) or (4) of this section. 878
22
(D) If a court or child support enforcement agency is 880
required under division (A), (B), or (C) of this section or any 881
other section of the Revised Code to issue one or more 882
withholding or deduction notices described in this division or 883
court orders described in division (D)(3) or (4) of this section, 885
the court shall issue one or more of the following types of 886
notices or court orders, or the agency shall issue one or more of 887
the following types of notices to pay the support required under 888
the support order in question and also, if required by any of 889
those divisions, any other section of the Revised Code, or the 890
court, to pay any arrearages: 891
(1)(a) If the court or the child support enforcement 893
agency determines that the obligor is receiving income from a 895
payor, the court or agency shall require the obligor's payor to 896
withhold from the obligor's income a specified amount for support 899
in satisfaction of the support order, to begin the withholding no 900
later than fourteen working days following the date the notice 902
was mailed to the employer under divisions (A)(2) or (B) and 903
(D)(1)(b) of this section or, if the payor is an employer, no 905
later than the first pay period that occurs after fourteen 906
working days following the date the notice was mailed, to send 907
the amount withheld to the division of child support in the 909
department of human services pursuant to section 5101.325 of the 912
Revised Code, to send that amount to the division immediately but 914
not later than seven days after the date the obligor is paid, and 915
to continue the withholding at intervals specified in the notice 916
until further notice from the court or child support enforcement 917
agency. To the extent possible, the amount specified in the 918
notice to be withheld shall satisfy the amount ordered for 919
support in the support order plus any arrearages that may be owed 920
by the obligor under any prior support order that pertained to 921
the same child or spouse, notwithstanding any applicable 922
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 924
2716.05 of the Revised Code. However, in no case shall the sum 926
23
of the amount specified in the notice to be withheld and any fee 927
withheld by the payor as a charge for its services exceed the 929
maximum amount permitted under section 303(b) of the "Consumer 930
Credit Protection Act," 15 U.S.C. 1673(b). 931
(b) If the court or agency imposes a withholding 933
requirement under division (D)(1)(a) of this section, it, within 934
the applicable period of time specified in division (A), (B), or 935
(C) of this section, shall send to the obligor's payor by regular 938
mail a notice that contains all of the information set forth in 939
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 940
final and is enforceable by the court. The notice shall contain 941
all of the following:
(i) The amount to be withheld from the obligor's income 943
and a statement that the amount actually withheld for support and 945
other purposes, including the fee described in division 946
(D)(1)(b)(xi) of this section, shall not be in excess of the 947
maximum amounts permitted under section 303(b) of the "Consumer 948
Credit Protection Act," 15 U.S.C. 1673(b); 949
(ii) A statement that the payor is required to send the 952
amount withheld to the division of child support immediately, but 954
not later than seven working days, after the obligor is paid and 956
is required to report to the agency the date on which the amount 957
was withheld from the obligor's income; 958
(iii) A statement that the withholding is binding upon the 960
payor until further notice from the agency; 961
(iv) A statement that if the payor is an employer, the 964
payor is subject to a fine to be determined under the law of this 965
state for discharging the obligor from employment, refusing to 966
employ the obligor, or taking any disciplinary action against the 967
obligor because of the withholding requirement; 968
(v) A statement that, if the payor fails to withhold 970
income in accordance with the provisions of the notice, the payor 972
is liable for the accumulated amount the payor should have 974
withheld from the obligor's income;
24
(vi) A statement that the withholding in accordance with 976
the notice and under the provisions of this section has priority 977
over any other legal process under the law of this state against 978
the same income; 979
(vii) The date on which the notice was mailed and a 981
statement that the payor is required to implement the withholding 983
no later than fourteen working days following the date the notice 984
was mailed or, if the payor is an employer, no later than the 985
first pay period that occurs after fourteen working days 986
following the date the notice was mailed and is required to 987
continue the withholding at the intervals specified in the 988
notice;
(viii) A requirement that the payor promptly notify the 990
child support enforcement agency, in writing, within ten working 991
days after the date of any situation that occurs including 993
termination of employment, layoff of the obligor from employment, 994
any leave of absence of the obligor from employment without pay, 995
termination of workers' compensation benefits, or termination of 996
any pension, annuity, allowance, or retirement benefit, in which 998
the payor ceases to pay income in an amount sufficient to comply 1,001
with the order to the obligor, provide the agency with the 1,002
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 1,004
any new employer's or income source's name, address, and 1,005
telephone number, if known; 1,006
(ix) A requirement that, if the payor is an employer, THE 1,009
PAYOR identify in the notification given under division 1,010
(D)(1)(b)(viii) of this section any types of benefits other than 1,011
personal earnings that the obligor is receiving or is eligible to 1,012
receive as a benefit of employment or as a result of the 1,013
obligor's termination of employment, including, but not limited 1,014
to, unemployment compensation, workers' compensation benefits, 1,015
severance pay, sick leave, lump-sum payments of retirement 1,016
benefits or contributions, and bonuses or profit-sharing payments 1,017
25
or distributions, and the amount of such benefits, and include in 1,018
the notification the obligor's last known address and telephone 1,019
number, date of birth, social security number, and court case 1,020
number and, if known, the name and business address of any new 1,021
employer of the obligor;
(x) A requirement that, no later than the earlier of 1,023
forty-five days before the lump-sum payment is to be made or, if 1,024
the obligor's right to the lump-sum payment is determined less 1,025
than forty-five days before it is to be made, the date on which 1,026
that determination is made, the payor notify the child support 1,028
enforcement agency of any lump-sum payments of any kind of one 1,030
hundred fifty dollars or more that are to be paid to the obligor, 1,031
hold the lump-sum payments of one hundred fifty dollars or more 1,033
for thirty days after the date on which the lump-sum payments 1,034
otherwise would have been paid to the obligor and, upon order of 1,036
the court, pay any specified amount of the lump-sum payment to 1,037
the division of child support;
(xi) A statement that, in addition to the amount withheld 1,039
for support, the payor may withhold a fee from the obligor's 1,041
income as a charge for its services in complying with the notice 1,044
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 1,046
division (D)(1)(b) of this section to the obligor and shall 1,047
attach to the notice an additional notice requiring the obligor 1,048
immediately to notify the child support enforcement agency, in 1,049
writing, of any change in the obligor's income source and of the 1,050
availability of any other sources of income that can be the 1,052
subject of any withholding or deduction requirement described in 1,053
division (D) of this section. The court or agency shall serve 1,054
the notices upon the obligor at the same time as service of the 1,055
support order or, if the support order previously has been 1,056
issued, shall send the notices to the obligor by regular mail at 1,057
the last known address at the same time that it sends the notice 1,058
described in division (D)(1)(b) of this section to the payor. 1,059
26
The notification required of the obligor shall include a 1,060
description of the nature of any new employment or income source, 1,061
the name, business address, and telephone number of any new 1,062
employer or income source, and any other information reasonably 1,064
required by the court. No obligor shall fail to give the 1,065
notification required by division (D)(1)(c) of this section. 1,066
(2)(a) If the court or child support enforcement agency 1,068
determines that the obligor has funds on deposit in any account 1,069
in a financial institution under the jurisdiction of the court, 1,070
the court or agency may require any financial institution in 1,071
which the obligor's funds are on deposit to deduct from the 1,072
obligor's account a specified amount for support in satisfaction 1,073
of the support order, to begin the deduction no later than 1,074
fourteen working days following the date the notice was mailed to 1,075
the financial institution under divisions (A)(2) or (B) and 1,076
(D)(2)(b) of this section, to send the amount deducted to the 1,078
division of child support in the department of human services 1,079
pursuant to section 5101.325 of the Revised Code, to send that 1,081
amount to the division immediately but not later than seven 1,083
working days after the date the latest deduction was made, to 1,084
provide the date on which the amount was deducted, and to 1,085
continue the deduction at intervals specified in the notice until 1,086
further notice from the court or child support enforcement 1,087
agency. To the extent possible, the amount specified in the 1,089
notice to be deducted shall satisfy the amount ordered for 1,090
support in the support order plus any arrearages that may be owed 1,091
by the obligor under any prior support order that pertained to 1,092
the same child or spouse, notwithstanding the limitations of 1,093
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 1,094
(b) If the court or agency imposes a withholding 1,096
requirement under division (D)(2)(a) of this section, it, within 1,098
the applicable period of time specified in division (A), (B), or 1,099
(C) of this section, shall send to the financial institution by 1,100
regular mail a notice that contains all of the information set 1,101
27
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 1,103
notice is final and is enforceable by the court. The notice 1,104
shall contain all of the following: 1,105
(i) The amount to be deducted from the obligor's account; 1,107
(ii) A statement that the financial institution is 1,109
required to send the amount deducted to the division of child 1,110
support immediately, but not later than seven working days, after 1,113
the date the last deduction was made and is required to report to 1,114
the child support enforcement agency the date on which the amount 1,115
was deducted from the obligor's account; 1,116
(iii) A statement that the deduction is binding upon the 1,118
financial institution until further notice from the court or 1,119
agency; 1,120
(iv) A statement that the withholding in accordance with 1,122
the notice and under the provisions of this section has priority 1,123
over any other legal process under the law of this state against 1,124
the same account; 1,125
(v) The date on which the notice was mailed and a 1,127
statement that the financial institution is required to implement 1,128
the deduction no later than fourteen working days following the 1,129
date the notice was mailed and is required to continue the 1,130
deduction at the intervals specified in the notice; 1,131
(vi) A requirement that the financial institution promptly 1,133
notify the child support enforcement agency, in writing, within 1,134
ten days after the date of any termination of the account from 1,135
which the deduction is being made and notify the agency, in 1,136
writing, of the opening of a new account at that financial 1,137
institution, the account number of the new account, the name of 1,138
any other known financial institutions in which the obligor has 1,139
any accounts, and the numbers of those accounts; 1,140
(vii) A requirement that the financial institution include 1,142
in all notices the obligor's last known mailing address, last 1,143
known residence address, and social security number; 1,144
(viii) A statement that, in addition to the amount 1,146
28
deducted for support, the financial institution may deduct a fee 1,147
from the obligor's account as a charge for its services in 1,148
complying with the notice and a specification of the amount that 1,149
may be deducted. 1,150
(c) The court or agency shall send the notice described in 1,152
division (D)(2)(b) of this section to the obligor and shall 1,153
attach to the notice an additional notice requiring the obligor 1,154
immediately to notify the child support enforcement agency, in 1,155
writing, of any change in the status of the account from which 1,156
the amount of support is being deducted or the opening of a new 1,157
account with any financial institution, of commencement of 1,158
employment, including self-employment, or of the availability of 1,159
any other sources of income that can be the subject of any 1,160
withholding or deduction requirement described in division (D) of 1,161
this section. The court or agency shall serve the notices upon 1,162
the obligor at the same time as service of the support order or, 1,163
if the support order previously has been issued, shall send the 1,164
notices to the obligor by regular mail at the last known address 1,165
at the same time that it sends the notice described in division 1,166
(D)(2)(b) of this section to the financial institution. The 1,168
additional notice also shall specify that upon commencement of 1,170
employment, the obligor may request the court or child support 1,171
enforcement agency to cancel its financial institution account 1,172
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 1,174
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 1,175
institution account deduction notice under division (D)(2)(b) of 1,177
this section and instead will issue a notice requiring the 1,178
withholding of an amount from personal earnings for support in 1,180
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 1,181
of the nature of any new accounts opened at a financial 1,182
institution under the jurisdiction of the court, the name and 1,183
29
business address of that financial institution, a description of 1,184
the nature of any new employment or income source, the name, 1,185
business address, and telephone number of any new employer or 1,187
income source, and any other information reasonably required by 1,189
the court.
(3) The court may issue an order requiring the obligor to 1,191
enter into a cash bond with the court. The court shall issue the 1,192
order as part of the support order or, if the support order 1,193
previously has been issued, as a separate order. Any cash bond 1,194
so required shall be in a sum fixed by the court at not less than 1,195
five hundred nor more than ten thousand dollars, conditioned that 1,196
the obligor will make payment as previously ordered and will pay 1,197
any arrearages under any prior support order that pertained to 1,198
the same child or spouse. The order, along with an additional 1,199
order requiring the obligor to immediately notify the child 1,200
support enforcement agency, in writing, if the obligor begins to 1,201
receive income from a payor, shall be attached to, and shall be 1,203
served upon the obligor at the same time as service of, the 1,204
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 1,205
this division. The additional order also shall specify that when 1,206
the obligor begins to receive income from a payor the obligor may 1,208
request the court to cancel its bond order and instead issue a 1,209
notice requiring the withholding of an amount from income for 1,212
support in accordance with division (D)(1) of this section and 1,213
that when the obligor begins to receive income from a payor the 1,214
court will proceed to collect on the bond, if the court 1,215
determines that payments due under the support order have not 1,216
been made and that the amount that has not been paid is at least 1,217
equal to the support owed for one month under the support order, 1,218
and will issue a notice requiring the withholding of an amount 1,219
from income for support in accordance with division (D)(1) of 1,222
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 1,223
30
name and business address of any new employer, and any other 1,224
information reasonably required by the court. 1,225
The court shall not order an obligor to post a cash bond 1,227
under this division unless the court determines that the obligor 1,228
has the ability to do so. A child support enforcement agency 1,229
shall not issue an order of the type described in this division. 1,230
If a child support enforcement agency is required to issue a 1,231
withholding or deduction notice under division (D) of this 1,232
section but the agency determines that no notice of the type 1,233
described in division (D)(1) or (2) of this section would be 1,235
appropriate, the agency may request the court to issue a court 1,236
order under this division, and, upon the request, the court may 1,237
issue an order as described in this division. 1,238
(4) If the obligor is unemployed, has no income, and does 1,240
not have an account at any financial institution, or on request 1,241
of a child support enforcement agency made under section 3111.231 1,242
of the Revised Code, the court shall issue an order requiring the 1,244
obligor, if able to engage in employment, to seek employment or 1,245
participate in a work activity to which a recipient of assistance 1,246
under Title IV-A of the "Social Security Act," 49 Stat. 620 1,247
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 1,248
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 1,249
607(d), as amended. The court shall include in the order a 1,251
requirement that the obligor notify the child support enforcement 1,252
agency upon obtaining employment, upon obtaining any income, or 1,253
upon obtaining ownership of any asset with a value of five 1,254
hundred dollars or more. The court may issue the order 1,255
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 1,256
"Social Security Act." The court shall issue the order as part 1,258
of a support order or, if a support order previously has been 1,260
issued, as a separate order. If a child support enforcement 1,262
agency is required to issue a withholding or deduction notice 1,263
under division (D) of this section but the agency determines that 1,264
31
no notice of the type described in division (D)(1) or (2) of this 1,265
section would be appropriate, the agency may request the court to 1,267
issue a court order under division (D)(4) of this section, and, 1,268
upon the request, the court may issue an order as described in 1,270
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 1,273
the child support enforcement agency of the county in which the 1,274
obligor resides shall oversee the obligor's participation in 1,275
accordance with rules the department of human services shall 1,276
adopt in accordance with Chapter 119. of the Revised Code. A 1,277
child support enforcement agency may contract with one or more 1,278
governmental agencies or persons to carry out some or all of its 1,279
oversight duties. 1,280
(E) If a court or child support enforcement agency is 1,282
required under division (A), (B), or (C) of this section or any 1,283
other section of the Revised Code to issue one or more notices or 1,284
court orders described in division (D) of this section, the court 1,285
or agency to the extent possible shall issue a sufficient number 1,286
of notices or court orders under division (D) of this section to 1,287
provide that the aggregate amount withheld or deducted under 1,288
those notices or court orders satisfies the amount ordered for 1,289
support in the support order plus any arrearages that may be owed 1,290
by the obligor under any prior support order that pertained to 1,291
the same child or spouse, notwithstanding any applicable 1,292
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 1,294
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 1,296
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 1,298
and any fees withheld pursuant to the notice as a charge for 1,299
services exceed the maximum amount permitted under section 303(b) 1,300
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 1,301
(F)(1) Any withholding or deduction requirement that is 1,303
contained in a notice described in division (D) of this section 1,304
and that is required to be issued by division (A), (B), or (C) of 1,305
32
this section or any other section of the Revised Code has 1,306
priority over any order of attachment, any order in aid of 1,307
execution, and any other legal process issued under state law 1,308
against the same earnings, payments, or account. 1,309
(2) When a payor receives two or more withholding notices 1,311
that are described in division (D)(1) of this section and that 1,313
are required to be issued by division (A), (B), or (C) of this 1,314
section or any other section of the Revised Code, the payor shall 1,317
comply with all of the requirements contained in the notices to 1,318
the extent that the total amount withheld from the obligor's 1,319
income does not exceed the maximum amount permitted under section 1,321
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1,322
1673(b), withhold amounts in accordance with the allocation set 1,323
forth in divisions (F)(2)(a) and (b) of this section, notify each 1,324
court or child support enforcement agency that issued one of the 1,325
notices of the allocation, and give priority to amounts 1,326
designated in each notice as current support in the following 1,327
manner:
(a) If the total of the amounts designated in the notices 1,329
as current support exceeds the amount available for withholding 1,330
under section 303(b) of the "Consumer Credit Protection Act," 15 1,331
U.S.C. 1673(b), the payor shall allocate to each notice an amount 1,332
for current support equal to the amount designated in that notice 1,334
as current support multiplied by a fraction in which the 1,335
numerator is the amount of income available for withholding and 1,336
the denominator is the total amount designated in all of the 1,337
notices as current support.
(b) If the total of the amounts designated in the notices 1,339
as current support does not exceed the amount available for 1,340
withholding under section 303(b) of the "Consumer Credit 1,341
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 1,343
the amounts designated as current support in the notices and 1,344
shall allocate to each notice an amount for past-due support 1,345
equal to the amount designated in that notice as past-due support 1,346
33
multiplied by a fraction in which the numerator is the amount of 1,347
income remaining available for withholding after the payment of 1,349
current support and the denominator is the total amount 1,350
designated in all of the notices as past-due support. 1,351
(G)(1) Except when a provision specifically authorizes or 1,353
requires service other than as described in this division, 1,354
service of any notice on any party, a financial institution, or 1,356
payor, for purposes of division (A), (B), (C), or (D) of this 1,358
section, shall be made by ordinary first class mail directed to 1,359
the addressee at the last known address, or, in the case of a 1,360
corporation, at its usual place of doing business. A notice 1,361
shall be considered to have been served when it is mailed. 1,362
(2) Each party to a support order shall notify the child 1,364
support enforcement agency of the party's current mailing 1,365
address, current residence address, current residence telephone 1,367
number, and current driver's license number, at the time of the 1,368
issuance or modification of the order and, until further notice 1,369
of the court that issues the order, shall notify the agency of 1,370
any change in that information immediately after the change 1,371
occurs. Any willful failure to comply with this division is 1,373
contempt of court. No person shall fail to give the notice 1,374
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 1,376
order, that is subject to this section shall contain a notice 1,378
that states the following in boldfaced type and in all capital 1,379
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 1,382
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 1,383
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 1,384
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 1,385
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 1,386
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 1,387
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 1,388
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 1,389
34
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 1,391
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 1,392
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 1,394
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 1,395
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 1,397
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 1,398
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 1,399
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 1,401
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 1,402
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 1,403
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 1,404
(4)(a) The parent who is the residential parent and legal 1,406
custodian of a child for whom a support order is issued or the 1,407
person who otherwise has custody of a child for whom a support 1,408
order is issued immediately shall notify, and the obligor under a 1,409
support order may notify, the child support enforcement agency of 1,410
any reason for which the support order should terminate, 1,411
including, but not limited to, the child's attainment of the age 1,412
of majority if the child no longer attends an accredited high 1,413
school on a full-time basis and the support order does not 1,414
provide for the duty of support to continue past the age of 1,415
majority; the child ceasing to attend such a high school on a 1,416
full-time basis after attaining the age of majority, if the 1,418
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 1,419
emancipation, enlistment in the armed services, deportation, or 1,420
change of legal or physical custody of the child. A willful 1,421
failure to notify the child support enforcement agency as 1,422
required by this division is contempt of court. Upon receipt of 1,423
a notice pursuant to this division, the agency immediately shall 1,424
conduct an investigation to determine if any reason exists for 1,425
which the support order should terminate. The agency may conduct 1,426
35
such an investigation regardless of whether it received notice 1,427
under this division. If the agency determines the order should 1,428
terminate, it immediately shall notify the court that issued the 1,429
support order of the reason for which the support order should 1,430
terminate.
(b) Upon receipt of a notice given pursuant to division 1,432
(G)(4)(a) of this section, the court shall order the division of 1,433
child support to impound any funds received for the child 1,435
pursuant to the support order and the court shall set the case 1,437
for a hearing for a determination of whether the support order 1,438
should be terminated or modified or whether the court should take 1,439
any other appropriate action.
(c) If the court terminates a support order pursuant to 1,441
divisions (G)(4)(a) and (b) of this section, the termination of 1,442
the support order also terminates any withholding or deduction 1,443
order as described in division (D) or (H) of this section issued 1,444
prior to December 31, 1993, and any withholding or deduction 1,446
notice as described in division (D) OF THIS SECTION or court 1,447
order as described in division (D)(3), (D)(4), or (H) of this 1,448
section issued on or after December 31, 1993. Upon the 1,449
termination of any withholding or deduction order or any 1,450
withholding or deduction notice, the court immediately shall 1,451
notify the appropriate child support enforcement agency that the 1,452
order or notice has been terminated, and the agency immediately 1,453
shall notify each payor or financial institution required to 1,454
withhold or deduct a sum of money for the payment of support 1,456
under the terminated withholding or deduction order or notice 1,458
that the order or notice has been terminated and that it is 1,459
required to cease all withholding or deduction under the order or 1,460
notice.
(d) The department of human services shall adopt rules 1,463
that provide for both of the following: 1,464
(i) The return to the appropriate person of any funds that 1,466
a court has ordered impounded under division (G)(4)(b) of this 1,467
36
section if the support order under which the funds were paid has 1,468
been terminated pursuant to divisions (G)(4)(a) and (b) of this 1,469
section; 1,470
(ii) The return to the appropriate person of any other 1,472
payments made pursuant to a support order if the payments were 1,473
made at any time after the support order under which the funds 1,474
were paid has been terminated pursuant to divisions (G)(4)(a) and 1,475
(b) of this section. 1,476
(5) If any party to a support order requests a 1,478
modification of the order or if any obligee under a support order 1,479
or any person on behalf of the obligee files any action to 1,480
enforce a support order, the court shall notify the child support 1,481
enforcement agency that is administering the support order or 1,482
that will administer the order after the court's determination of 1,483
the request or the action, of the request or the filing. 1,484
(6) When a child support enforcement agency receives any 1,486
notice under division (G) of section 2151.23, section 2301.37, 1,487
division (E) of section 3105.18, division (C) of section 3105.21, 1,488
division (A) of section 3109.05, division (F) of section 3111.13, 1,489
division (B) of section 3113.04, section 3113.21, section 1,490
3113.211, section 3113.212, division (K) of section 3113.31, or 1,491
division (C)(3) of section 3115.31 of the Revised Code, it shall 1,493
issue the most appropriate notices under division (D) of this 1,494
section. Additionally, it shall do all of the following: 1,495
(a) If the obligor is subject to a withholding notice 1,497
issued under division (D)(1) of this section and the notice 1,498
relates to the obligor's change of employment, send a withholding 1,499
notice under that division to the new employer of the obligor as 1,500
soon as the agency obtains knowledge of that employer; 1,501
(b) If the notification received by the agency specifies 1,503
that a lump-sum payment of one hundred fifty dollars or more is 1,505
to be paid to the obligor, notify the court of the receipt of the 1,506
notice and its contents. The agency may notify the court if the 1,508
notification specifies that a lump-sum payment of less than one 1,509
37
hundred fifty dollars is to be paid to the obligor. 1,510
(c) Comply with section 3113.212 of the Revised Code, as 1,512
appropriate. 1,513
(H)(1)(a) For purposes of division (D)(1) of this section, 1,515
when a person who fails to comply with a support order that is 1,516
subject to that division derives income from self-employment or 1,517
commission, is employed by an employer not subject to the 1,518
jurisdiction of the court, or is in any other employment 1,519
situation that makes the application of that division 1,520
impracticable, the court may require the person to enter into a 1,521
cash bond to the court in a sum fixed by the court at not less 1,522
than five hundred nor more than ten thousand dollars, conditioned 1,523
that the person will make payment as previously ordered. 1,524
(b) When a court determines at a hearing conducted under 1,526
division (B) of this section, or a child support enforcement 1,527
agency determines at a hearing or pursuant to an investigation 1,528
conducted under division (B) of this section, that the obligor 1,529
under the order in relation to which the hearing or investigation 1,530
is conducted is unemployed and has no other source of income and 1,531
no assets so that the application of divisions (B) and (D) of 1,532
this section would be impracticable, the court shall issue an 1,533
order as described in division (D)(4) of this section and shall 1,535
order the obligor to notify the child support enforcement agency 1,536
in writing immediately of the receipt of any source of income or 1,538
of the opening of an account in a financial institution, and to 1,539
include in the notification a description of the nature of the 1,540
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 1,541
information reasonably required by the court. 1,542
(2) When a court determines, at a hearing conducted under 1,544
division (C)(2) of this section, that an obligor is unemployed, 1,545
is not receiving workers' compensation payments, does not have an 1,546
account in a financial institution, and has no other source of 1,547
income and no assets so that the application of divisions (C)(2) 1,548
38
and (D) of this section would be impracticable, the court shall 1,549
issue an order as described in division (D)(4) of this section 1,550
and shall order the obligor to notify the child support 1,551
enforcement agency, in writing, immediately of the receipt of any 1,552
source of income or of the opening of an account in a financial 1,553
institution, and to include in the notification a description of 1,554
the nature of the employment or income source, the name, business 1,555
address, and telephone number of the employer or income source or 1,557
the name, address, and telephone number of the financial 1,558
institution, and any other information reasonably required by the 1,559
court. 1,560
(3)(a) Upon receipt of a notice from a child support 1,562
enforcement agency under division (G)(6) of this section that a 1,563
lump-sum payment is to be paid to the obligor, the court shall do 1,565
either of the following:
(i) If the obligor is in default under the support order 1,567
or has any unpaid arrearages under the support order, issue an 1,568
order requiring the transmittal of the lump-sum payment to the 1,569
division of child support. 1,570
(ii) If the obligor is not in default under the support 1,572
order and does not have any unpaid arrearages under the support 1,573
order, issue an order directing the person who gave the notice to 1,574
the court to immediately pay the full amount of the lump-sum 1,575
payment to the obligor. 1,576
(b) Upon receipt of any moneys pursuant to division 1,578
(H)(3)(a) of this section, the division of child support shall 1,580
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 1,581
within two business days after its receipt of the money, any 1,582
amount that is remaining after the payment of the arrearages to 1,583
the obligor. 1,584
(c) Any court that issued an order prior to December 1, 1,586
1986, requiring an employer to withhold an amount from an 1,587
obligor's personal earnings for the payment of support shall 1,588
39
issue a supplemental order that does not change the original 1,589
order or the related support order requiring the employer to do 1,590
all of the following: 1,591
(i) No later than the earlier of forty-five days before a 1,593
lump-sum payment is to be made or, if the obligor's right to a 1,594
lump-sum payment is determined less than forty-five days before 1,595
it is to be made, the date on which that determination is made, 1,596
notify the child support enforcement agency of any lump-sum 1,597
payment of any kind of one hundred fifty dollars or more that is 1,599
to be paid to the obligor; 1,600
(ii) Hold the lump-sum payment for thirty days after the 1,602
date on which it would otherwise be paid to the obligor, if the 1,603
lump-sum payment is sick pay, a lump-sum payment of retirement 1,604
benefits or contributions, or profit-sharing payments or 1,605
distributions; 1,606
(iii) Upon order of the court, pay any specified amount of 1,608
the lump-sum payment to the division of child support. 1,609
(d) If an employer knowingly fails to notify the child 1,611
support enforcement agency in accordance with division (D) of 1,612
this section of any lump-sum payment to be made to an obligor, 1,613
the employer is liable for any support payment not made to the 1,614
obligee as a result of its knowing failure to give the notice as 1,615
required by that division. 1,616
(I)(1) Any support order, or modification of a support 1,618
order, that is subject to this section shall contain the date of 1,619
birth and social security number of the obligor. 1,620
(2) No withholding or deduction notice described in 1,622
division (D) OF THIS SECTION or court order described in division 1,623
(D)(3) or (4) of this section shall contain any information other 1,625
than the information specifically required by division (A), (B), 1,626
(C), or (D) of this section or by any other section of the 1,627
Revised Code and any additional information that the issuing 1,628
court determines may be necessary to comply with the notice. 1,629
(J) No withholding or deduction notice described in 1,631
40
division (D) OF THIS SECTION or court order described in division 1,632
(D)(3) or (4) of this section and issued under division (A), (B), 1,634
or (C) of this section or any other section of the Revised Code 1,635
shall be terminated solely because the obligor pays any part or 1,636
all of the arrearages under the support order. 1,637
(K)(1) Except as provided in division (K)(2) of this 1,639
section and section 2301.42 of the Revised Code and the rules 1,640
adopted pursuant to division (C) of that section, if child 1,641
support arrearages are owed by an obligor to the obligee and to 1,642
the department of human services, any payments received on the 1,643
arrearages by the division of child support first shall be paid 1,645
to the obligee until the arrearages owed to the obligee are paid
in full. 1,646
(2) Division (K)(1) of this section does not apply to the 1,648
collection of past-due child support from refunds of paid federal 1,649
taxes pursuant to section 5101.32 of the Revised Code or of 1,650
overdue child support from refunds of paid state income taxes 1,651
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 1,652
(L)(1) Each court with jurisdiction to issue support 1,654
orders or orders establishing the existence or nonexistence of a 1,655
parent and child relationship shall establish rules of court to 1,656
ensure that the following percentage of all actions to establish 1,657
the existence or nonexistence of a parent and child relationship, 1,658
to establish a support requirement, or to modify a previously 1,659
issued support order be completed within the following time 1,660
limits:
(a) Seventy-five per cent of all of the actions shall be 1,662
completed within six months after they were initially filed; 1,664
(b) Ninety per cent of all of the actions shall be 1,666
completed within twelve months after they were initially filed. 1,668
(2) If a case involves complex legal issues requiring full 1,670
judicial review, the court shall issue a temporary support order 1,671
within the time limits set forth in division (L)(1) of this 1,672
section, which temporary order shall be in effect until a final 1,673
41
support order is issued in the case. All cases in which the 1,674
imposition of a notice or order under division (D) of this 1,675
section is contested shall be completed within the period of time 1,676
specified by law for completion of the case. The failure of a 1,677
court to complete a case within the required period does not 1,678
affect the ability of any court to issue any order under this 1,679
section or any other section of the Revised Code for the payment 1,680
of support, does not provide any defense to any order for the 1,681
payment of support that is issued under this section or any other 1,682
section of the Revised Code, and does not affect any obligation 1,683
to pay support. 1,684
(3)(a) In any Title IV-D case, the judge, when necessary 1,686
to satisfy the federal requirement of expedited process for 1,687
obtaining and enforcing support orders, shall appoint magistrates 1,689
to make findings of fact and recommendations for the judge's 1,690
approval in the case. All magistrates appointed pursuant to this 1,692
division shall be attorneys admitted to the practice of law in 1,693
this state. If the court appoints a magistrate pursuant to this 1,694
division, the court may appoint any additional administrative and 1,695
support personnel for the magistrate. 1,696
(b) Any magistrate appointed pursuant to division 1,698
(L)(3)(a) of this section may perform any of the following 1,700
functions:
(i) The taking of testimony and keeping of a record in the 1,702
case; 1,703
(ii) The evaluation of evidence and the issuance of 1,705
recommendations to establish, modify, and enforce support orders; 1,706
(iii) The acceptance of voluntary acknowledgments of 1,708
support liability and stipulated agreements setting the amount of 1,709
support to be paid; 1,710
(iv) The entering of default orders if the obligor does 1,712
not respond to notices in the case within a reasonable time after 1,713
the notices are issued; 1,714
(v) Any other functions considered necessary by the court. 1,716
42
(4) The child support enforcement agency may conduct 1,718
administrative reviews of support orders to obtain voluntary 1,719
notices or court orders under division (D) of this section and to 1,720
correct any errors in the amount of any arrearages owed by an 1,721
obligor. The obligor and the obligee shall be notified of the 1,722
time, date, and location of the administrative review at least 1,723
fourteen days before it is held. 1,724
(M)(1) The termination of a support obligation or a 1,726
support order does not abate the power of any court to collect 1,727
overdue and unpaid support or to punish any person for a failure 1,729
to comply with an order of the court or to pay any support as 1,730
ordered in the terminated support order and does not abate the 1,731
authority of a child support enforcement agency to issue, in 1,732
accordance with this section, any notice described in division 1,733
(D) of this section or of a court to issue, in accordance with 1,734
this section, any court order as described in division (D)(3) or 1,735
(4) of this section to collect any support due or arrearage under 1,736
the support order. 1,738
(2) Any court that has the authority to issue a support 1,740
order shall have all powers necessary to enforce that support 1,741
order, and all other powers, set forth in this section. 1,742
(3) Except as provided in division (M)(4) of this section, 1,744
a court may not retroactively modify an obligor's duty to pay a 1,745
delinquent support payment. 1,746
(4) A court with jurisdiction over a support order may 1,748
modify an obligor's duty to pay a support payment that becomes 1,749
due after notice of a petition to modify the support order has 1,750
been given to each obligee and to the obligor before a final 1,751
order concerning the petition for modification is entered. 1,752
(N) If an obligor is in default under a support order and 1,754
has a claim against another person of more than one thousand 1,755
dollars, the obligor shall notify the child support enforcement 1,756
agency of the claim, the nature of the claim, and the name of the 1,757
person against whom the claim exists. If an obligor is in 1,758
43
default under a support order and has a claim against another 1,759
person or is a party in an action for any judgment, the child 1,760
support enforcement agency or the agency's attorney, on behalf of 1,761
the obligor, immediately shall file with the court in which the 1,762
action is pending a motion to intervene in the action or a 1,763
creditor's bill. The motion to intervene shall be prepared and 1,764
filed pursuant to Civil Rules 5 and 24(A) and (C). 1,765
Nothing in this division shall preclude an obligee from 1,767
filing a motion to intervene in any action or a creditor's bill. 1,768
(O) If an obligor is receiving unemployment compensation 1,770
benefits, an amount may be deducted from those benefits for 1,771
purposes of child support, in accordance with section SECTIONS 1,772
2301.371 and division (D)(4) of section 4141.28 4141.282 of the 1,774
Revised Code. Any deduction from a source in accordance with 1,776
those provisions is in addition to, and does not preclude, any 1,777
withholding or deduction for purposes of support under divisions 1,778
(A) to (N) of this section. 1,779
(P) As used in this section, and in sections 3113.211 to 1,781
3113.219 of the Revised Code: 1,782
(1) "Financial institution" means a bank, savings and loan 1,784
association, or credit union, or a regulated investment company 1,785
or mutual fund in which a person who is required to pay child 1,786
support has funds on deposit that are not exempt under the law of 1,787
this state or the United States from execution, attachment, or 1,788
other legal process. 1,789
(2) "Title IV-D case" means any case in which the child 1,791
support enforcement agency is enforcing the child support order 1,792
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 1,793
2351 (1975), 42 U.S.C. 651, as amended. 1,794
(3) "Obligor" means the person who is required to pay 1,796
support under a support order. 1,797
(4) "Obligee" means the person who is entitled to receive 1,799
the support payments under a support order. 1,800
(5) "Support order" means an order for the payment of 1,802
44
support and, for orders issued or modified on or after December 1,803
31, 1993, includes any notices described in division (D) or (H) 1,804
of this section that are issued in accordance with this section. 1,805
(6) "Support" means child support, spousal support, and 1,807
support for a spouse or former spouse. 1,808
(7) "Personal earnings" means compensation paid or payable 1,810
for personal services, however denominated, and includes, but is 1,811
not limited to, wages, salary, commissions, bonuses, draws 1,812
against commissions, profit sharing, and vacation pay. 1,813
(8) "Default" has the same meaning as in section 2301.34 1,815
of the Revised Code. 1,816
(9) "Payor" means any person or entity that pays or 1,819
distributes income to an obligor, including the obligor, if the 1,820
obligor is self-employed; an employer; an employer that is paying 1,821
the obligor's workers' compensation benefits; the public 1,822
employees retirement board; the board of trustees, or other 1,823
governing entity of a municipal retirement system; the board of 1,824
trustees of the Ohio police and fire pension fund; the state 1,825
teachers retirement board; the school employees retirement board; 1,827
the state highway patrol retirement board; the bureau of workers' 1,828
compensation; or any other person or entity, except the bureau of 1,830
employment services with respect to unemployment compensation 1,831
benefits paid pursuant to Chapter 4141. of the Revised Code.
(Q) As used in this section, "income" means any form of 1,834
monetary payment, including personal earnings; workers' 1,835
compensation payments; unemployment compensation benefits to the 1,837
extent permitted by, and in accordance with, section SECTIONS 1,838
2301.371 of the Revised Code, division (D)(4) of section 4141.28 1,839
AND 4141.282 of the Revised Code, and federal law governing the 1,841
bureau of employment services; pensions; annuities; allowances; 1,842
private or governmental retirement benefits; disability or sick 1,843
pay; insurance proceeds; lottery prize awards; federal, state, or 1,844
local government benefits to the extent that the benefits can be 1,845
withheld or deducted under the law governing the benefits; any 1,846
45
form of trust fund or endowment; lump-sum payments; and any other 1,847
payment in money. 1,848
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 1,850
Sec. 4141.01. As used in this chapter, unless the context 1,859
otherwise requires: 1,860
(A)(1) "Employer" means the state, its instrumentalities, 1,862
its political subdivisions and their instrumentalities, and any 1,863
individual or type of organization including any partnership, 1,864
limited liability company, association, trust, estate, 1,865
joint-stock company, insurance company, or corporation, whether 1,867
domestic or foreign, or the receiver, trustee in bankruptcy, 1,868
trustee, or the successor thereof, or the legal representative of 1,869
a deceased person who subsequent to December 31, 1971, or in the 1,870
case of political subdivisions or their instrumentalities, 1,871
subsequent to December 31, 1973: 1,872
(a) Had in employment at least one individual, or in the 1,874
case of a nonprofit organization, subsequent to December 31, 1,875
1973, had not less than four individuals in employment for some 1,876
portion of a day in each of twenty different calendar weeks, in 1,877
either the current or the preceding calendar year whether or not 1,878
the same individual was in employment in each such day; or 1,879
(b) Except for a nonprofit organization, had paid for 1,881
service in employment wages of fifteen hundred dollars or more in 1,882
any calendar quarter in either the current or preceding calendar 1,883
year; or 1,884
(c) Had paid, subsequent to December 31, 1977, for 1,886
employment in domestic service in a local college club, or local 1,887
chapter of a college fraternity or sorority, cash remuneration of 1,888
one thousand dollars or more in any calendar quarter in the 1,889
current calendar year or the preceding calendar year, or had paid 1,890
subsequent to December 31, 1977, for employment in domestic 1,891
service in a private home cash remuneration of one thousand 1,892
dollars in any calendar quarter in the current calendar year or 1,894
the preceding calendar year:
46
(i) For the purposes of divisions (A)(1)(a) and (b) of 1,896
this section, there shall not be taken into account any wages 1,897
paid to, or employment of, an individual performing domestic 1,898
service as described in this division. 1,899
(ii) An employer under this division shall not be an 1,901
employer with respect to wages paid for any services other than 1,902
domestic service unless the employer is also found to be an 1,903
employer under division (A)(1)(a), (b), or (d) of this section. 1,904
(d) As a farm operator or a crew leader subsequent to 1,906
December 31, 1977, had in employment individuals in agricultural 1,907
labor; and 1,908
(i) During any calendar quarter in the current calendar 1,910
year or the preceding calendar year, paid cash remuneration of 1,911
twenty thousand dollars or more for the agricultural labor; or 1,912
(ii) Had at least ten individuals in employment in 1,914
agricultural labor, not including agricultural workers who are 1,915
aliens admitted to the United States to perform agricultural 1,916
labor pursuant to sections 214(e) and 101(a)(15)(H) of the 1,918
"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1,919
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 1,921
twenty different calendar weeks, in either the current or 1,922
preceding calendar year whether or not the same individual was in 1,923
employment in each day; or
(e) Is not otherwise an employer as defined under division 1,925
(A)(1)(a) or (b) of this section; and 1,926
(i) For which, within either the current or preceding 1,928
calendar year, service, except for domestic service in a private 1,929
home not covered under division (A)(1)(c) of this section, is or 1,930
was performed with respect to which such employer is liable for 1,931
any federal tax against which credit may be taken for 1,932
contributions required to be paid into a state unemployment fund; 1,933
(ii) Which, as a condition for approval of this chapter 1,935
for full tax credit against the tax imposed by the "Federal 1,936
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 1,938
47
required, pursuant to such act to be an employer under this 1,939
chapter; or 1,940
(iii) Who became an employer by election under division 1,942
(A)(4) or (5) of this section and for the duration of such 1,943
election; or 1,944
(f) In the case of the state, its instrumentalities, its 1,946
political subdivisions, and their instrumentalities, had in 1,947
employment, as defined in division (B)(2)(a) of this section, at 1,948
least one individual; 1,949
(g) For the purposes of division (A)(1)(a) of this 1,951
section, if any week includes both the thirty-first day of 1,952
December and the first day of January, the days of that week 1,953
before the first day of January shall be considered one calendar 1,954
week and the days beginning the first day of January another 1,955
week. 1,956
(2) Each individual employed to perform or to assist in 1,958
performing the work of any agent or employee of an employer is 1,959
employed by such employer for all the purposes of this chapter, 1,960
whether such individual was hired or paid directly by such 1,961
employer or by such agent or employee, provided the employer had 1,962
actual or constructive knowledge of the work. All individuals 1,963
performing services for an employer of any person in this state 1,964
who maintains two or more establishments within this state are 1,965
employed by a single employer for the purposes of this chapter. 1,966
(3) An employer subject to this chapter within any 1,968
calendar year is subject to this chapter during the whole of such 1,969
year and during the next succeeding calendar year. 1,970
(4) An employer not otherwise subject to this chapter who 1,972
files with the administrator of the bureau of employment services 1,973
a written election to become an employer subject to this chapter 1,975
for not less than two calendar years shall, with the written 1,976
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 1,977
employers as of the date stated in such approval, and shall cease 1,978
48
to be subject to this chapter as of the first day of January of 1,979
any calendar year subsequent to such two calendar years only if 1,980
at least thirty days prior to such first day of January the 1,981
employer has filed with the administrator a written notice to 1,982
that effect.
(5) Any employer for whom services that do not constitute 1,984
employment are performed may file with the administrator a 1,985
written election that all such services performed by individuals 1,986
in the employer's employ in one or more distinct establishments 1,987
or places of business shall be deemed to constitute employment 1,988
for all the purposes of this chapter, for not less than two 1,989
calendar years. Upon written approval of the election by the 1,990
administrator, such services shall be deemed to constitute 1,991
employment subject to this chapter from and after the date stated 1,992
in such approval. Such services shall cease to be employment 1,993
subject to this chapter as of the first day of January of any 1,994
calendar year subsequent to such two calendar years only if at 1,995
least thirty days prior to such first day of January such 1,996
employer has filed with the administrator a written notice to 1,997
that effect.
(B)(1) "Employment" means service performed by an 2,000
individual for remuneration under any contract of hire, written 2,002
or oral, express or implied, including service performed in 2,003
interstate commerce and service performed by an officer of a 2,004
corporation, without regard to whether such service is executive, 2,005
managerial, or manual in nature, and without regard to whether 2,006
such officer is a stockholder or a member of the board of 2,007
directors of the corporation, unless it is shown to the 2,008
satisfaction of the administrator that such individual has been 2,010
and will continue to be free from direction or control over the 2,011
performance of such service, both under a contract of service and 2,013
in fact. The administrator shall adopt rules to define 2,014
"direction or control." 2,015
(2) "Employment" includes: 2,017
49
(a) Service performed after December 31, 1977, by an 2,019
individual in the employ of the state or any of its 2,020
instrumentalities, or any political subdivision thereof or any of 2,021
its instrumentalities or any instrumentality of more than one of 2,022
the foregoing or any instrumentality of any of the foregoing and 2,023
one or more other states or political subdivisions and without 2,024
regard to divisions (A)(1)(a) and (b) of this section, provided 2,025
that such service is excluded from employment as defined in the 2,026
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 2,027
3306(c)(7) and is not excluded under division (B)(3) of this 2,028
section; or the services of employees covered by voluntary 2,029
election, as provided under divisions (A)(4) and (5) of this 2,030
section; 2,031
(b) Service performed after December 31, 1971, by an 2,033
individual in the employ of a religious, charitable, educational, 2,034
or other organization which is excluded from the term 2,035
"employment" as defined in the "Federal Unemployment Tax Act," 84 2,036
Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 2,038
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 2,039
division (B)(3) of this section; 2,040
(c) Domestic service performed after December 31, 1977, 2,042
for an employer, as provided in division (A)(1)(c) of this 2,043
section; 2,044
(d) Agricultural labor performed after December 31, 1977, 2,046
for a farm operator or a crew leader, as provided in division 2,047
(A)(1)(d) of this section; 2,048
(e) Service not covered under division (B)(1) of this 2,050
section which is performed after December 31, 1971: 2,051
(i) As an agent-driver or commission-driver engaged in 2,053
distributing meat products, vegetable products, fruit products, 2,054
bakery products, beverages other than milk, laundry, or 2,055
dry-cleaning services, for the individual's employer or 2,056
principal; 2,057
(ii) As a traveling or city salesperson, other than as an 2,059
50
agent-driver or commission-driver, engaged on a full-time basis 2,060
in the solicitation on behalf of and in the transmission to the 2,062
salesperson's employer or principal except for sideline sales 2,063
activities on behalf of some other person of orders from 2,064
wholesalers, retailers, contractors, or operators of hotels, 2,065
restaurants, or other similar establishments for merchandise for 2,066
resale, or supplies for use in their business operations, 2,067
provided that for the purposes of this division (B)(2)(e)(ii) of 2,068
this section, the services shall be deemed employment if the 2,069
contract of service contemplates that substantially all of the 2,070
services are to be performed personally by the individual and 2,071
that the individual does not have a substantial investment in 2,072
facilities used in connection with the performance of the 2,073
services other than in facilities for transportation, and the 2,074
services are not in the nature of a single transaction that is 2,075
not a part of a continuing relationship with the person for whom 2,076
the services are performed. 2,077
(f) An individual's entire service performed within or 2,079
both within and without the state if: 2,080
(i) The service is localized in this state. 2,082
(ii) The service is not localized in any state, but some 2,084
of the service is performed in this state and either the base of 2,085
operations, or if there is no base of operations then the place 2,086
from which such service is directed or controlled, is in this 2,087
state or the base of operations or place from which such service 2,088
is directed or controlled is not in any state in which some part 2,089
of the service is performed but the individual's residence is in 2,090
this state. 2,091
(g) Service not covered under division (B)(2)(f)(ii) of 2,093
this section and performed entirely without this state, with 2,094
respect to no part of which contributions are required and paid 2,095
under an unemployment compensation law of any other state, the 2,096
Virgin Islands, Canada, or of the United States, if the 2,097
individual performing such service is a resident of this state 2,098
51
and the administrator of the bureau of employment services 2,099
approves the election of the employer for whom such services are 2,100
performed; or, if the individual is not a resident of this state 2,102
but the place from which the service is directed or controlled is 2,103
in this state, the entire services of such individual shall be 2,104
deemed to be employment subject to this chapter, provided service 2,105
is deemed to be localized within this state if the service is 2,106
performed entirely within this state or if the service is 2,107
performed both within and without this state but the service 2,108
performed without this state is incidental to the individual's 2,109
service within the state, for example, is temporary or transitory 2,110
in nature or consists of isolated transactions; 2,111
(h) Service of an individual who is a citizen of the 2,113
United States, performed outside the United States except in 2,114
Canada after December 31, 1971, or the Virgin Islands, after 2,115
December 31, 1971, and before the first day of January of the 2,116
year following that in which the United States secretary of labor 2,117
approves the Virgin Islands law for the first time, in the employ 2,118
of an American employer, other than service which is "employment" 2,119
under divisions (B)(2)(f) and (g) of this section or similar 2,120
provisions of another state's law, if: 2,121
(i) The employer's principal place of business in the 2,123
United States is located in this state; 2,124
(ii) The employer has no place of business in the United 2,126
States, but the employer is an individual who is a resident of 2,127
this state; or the employer is a corporation which is organized 2,128
under the laws of this state, or the employer is a partnership or 2,129
a trust and the number of partners or trustees who are residents 2,130
of this state is greater than the number who are residents of any 2,131
other state; or 2,132
(iii) None of the criteria of divisions (B)(2)(f)(i) and 2,134
(ii) of this section is met but the employer has elected coverage 2,135
in this state or the employer having failed to elect coverage in 2,136
any state, the individual has filed a claim for benefits, based 2,137
52
on such service, under this chapter. 2,138
(i) For the purposes of division (B)(2)(h) of this 2,140
section, the term "American employer" means an employer who is an 2,141
individual who is a resident of the United States; or a 2,142
partnership, if two-thirds or more of the partners are residents 2,143
of the United States; or a trust, if all of the trustees are 2,144
residents of the United States; or a corporation organized under 2,145
the laws of the United States or of any state, provided the term 2,146
"United States" includes the states, the District of Columbia, 2,147
the Commonwealth of Puerto Rico, and the Virgin Islands. 2,148
(j) Notwithstanding any other provisions of divisions 2,150
(B)(1) and (2) of this section, service, except for domestic 2,151
service in a private home not covered under division (A)(1)(c) of 2,152
this section, with respect to which a tax is required to be paid 2,153
under any federal law imposing a tax against which credit may be 2,154
taken for contributions required to be paid into a state 2,155
unemployment fund, or service, except for domestic service in a 2,156
private home not covered under division (A)(1)(c) of this 2,157
section, which, as a condition for full tax credit against the 2,158
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 2,159
26 U.S.C.A. 3301 to 3311, is required to be covered under this 2,160
chapter. 2,161
(k) Construction services performed by any individual 2,163
under a construction contract, as defined in section 4141.39 of 2,164
the Revised Code, if the administrator determines that the 2,165
employer for whom services are performed has the right to direct 2,167
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 2,168
services performed. The administrator shall presume that the 2,169
employer for whom services are performed has the right to direct 2,170
or control the performance of the services if ten or more of the 2,171
following criteria apply:
(i) The employer directs or controls the manner or method 2,174
by which instructions are given to the individual performing
53
services; 2,175
(ii) The employer requires particular training for the 2,178
individual performing services;
(iii) Services performed by the individual are integrated 2,181
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 2,184
particular individual;
(v) The employer hires, supervises, or pays the wages of 2,187
the individual performing services;
(vi) A continuing relationship between the employer and 2,190
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 2,191
(vii) The employer requires the individual to perform 2,194
services during established hours;
(viii) The employer requires that the individual 2,196
performing services be devoted on a full-time basis to the 2,197
business of the employer; 2,198
(ix) The employer requires the individual to perform 2,200
services on the employer's premises; 2,201
(x) The employer requires the individual performing 2,203
services to follow the order of work established by the employer; 2,204
(xi) The employer requires the individual performing 2,206
services to make oral or written reports of progress; 2,207
(xii) The employer makes payment to the individual for 2,210
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 2,212
performing services; 2,213
(xiv) The employer furnishes the tools and materials for 2,216
use by the individual to perform services;
(xv) The individual performing services has not invested 2,219
in the facilities used to perform services;
(xvi) The individual performing services does not realize 2,222
a profit or suffer a loss as a result of the performance of the
services; 2,223
54
(xvii) The individual performing services is not 2,225
performing services for more than two employers simultaneously; 2,226
(xviii) The individual performing services does not make 2,229
the services available to the general public;
(xix) The employer has a right to discharge the individual 2,232
performing services;
(xx) The individual performing services has the right to 2,235
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 2,236
agreement.
(3) "Employment" does not include the following services 2,238
if they are found not subject to the "Federal Unemployment Tax 2,239
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the 2,241
services are not required to be included under division (B)(2)(j) 2,242
of this section: 2,243
(a) Service performed after December 31, 1977, in 2,245
agricultural labor, except as provided in division (A)(1)(d) of 2,246
this section; 2,247
(b) Domestic service performed after December 31, 1977, in 2,249
a private home, local college club, or local chapter of a college 2,250
fraternity or sorority except as provided in division (A)(1)(c) 2,251
of this section; 2,252
(c) Service performed after December 31, 1977, for this 2,254
state or a political subdivision as described in division (B)(2) 2,255
(a) of this section when performed: 2,256
(i) As a publicly elected official; 2,258
(ii) As a member of a legislative body, or a member of the 2,260
judiciary; 2,261
(iii) As a military member of the Ohio national guard; 2,263
(iv) As an employee, not in the classified service as 2,265
defined in section 124.11 of the Revised Code, serving on a 2,266
temporary basis in case of fire, storm, snow, earthquake, flood, 2,267
or similar emergency; 2,268
(v) In a position which, under or pursuant to law, is 2,270
55
designated as a major nontenured policymaking or advisory 2,271
position, not in the classified service of the state, or a 2,272
policymaking or advisory position the performance of the duties 2,273
of which ordinarily does not require more than eight hours per 2,274
week. 2,275
(d) In the employ of any governmental unit or 2,277
instrumentality of the United States; 2,278
(e) Service performed after December 31, 1971: 2,280
(i) Service in the employ of an educational institution or 2,282
institution of higher education, including those operated by the 2,283
state or a political subdivision, if such service is performed by 2,284
a student who is enrolled and is regularly attending classes at 2,285
the educational institution or institution of higher education; 2,286
or 2,287
(ii) By an individual who is enrolled at a nonprofit or 2,289
public educational institution which normally maintains a regular 2,290
faculty and curriculum and normally has a regularly organized 2,291
body of students in attendance at the place where its educational 2,292
activities are carried on as a student in a full-time program, 2,293
taken for credit at the institution, which combines academic 2,294
instruction with work experience, if the service is an integral 2,295
part of the program, and the institution has so certified to the 2,296
employer, provided that this subdivision shall not apply to 2,297
service performed in a program established for or on behalf of an 2,298
employer or group of employers; 2,299
(f) Service performed by an individual in the employ of 2,301
the individual's son, daughter, or spouse and service performed 2,302
by a child under the age of eighteen in the employ of the child's 2,303
father or mother;
(g) Service performed for one or more principals by an 2,305
individual who is compensated on a commission basis, who in the 2,306
performance of the work is master of the individual's own time 2,308
and efforts, and whose remuneration is wholly dependent on the 2,309
amount of effort the individual chooses to expend, and which 2,310
56
service is not subject to the "Federal Unemployment Tax Act," 53 2,311
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed 2,312
after December 31, 1971: 2,313
(i) By an individual for an employer as an insurance agent 2,315
or as an insurance solicitor, if all this service is performed 2,316
for remuneration solely by way of commission; 2,317
(ii) As a home worker performing work, according to 2,319
specifications furnished by the employer for whom the services 2,320
are performed, on materials or goods furnished by such employer 2,321
which are required to be returned to the employer or to a person 2,322
designated for that purpose. 2,323
(h) Service performed after December 31, 1971: 2,325
(i) In the employ of a church or convention or association 2,327
of churches, or in an organization which is operated primarily 2,328
for religious purposes and which is operated, supervised, 2,329
controlled, or principally supported by a church or convention or 2,330
association of churches; 2,331
(ii) By a duly ordained, commissioned, or licensed 2,333
minister of a church in the exercise of the individual's ministry 2,335
or by a member of a religious order in the exercise of duties 2,336
required by such order; or 2,337
(iii) In a facility conducted for the purpose of carrying 2,339
out a program of rehabilitation for individuals whose earning 2,340
capacity is impaired by age or physical or mental deficiency or 2,341
injury, or providing remunerative work for individuals who 2,342
because of their impaired physical or mental capacity cannot be 2,343
readily absorbed in the competitive labor market, by an 2,344
individual receiving such rehabilitation or remunerative work; 2,345
(i) Service performed after June 30, 1939, with respect to 2,347
which unemployment compensation is payable under the "Railroad 2,348
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 2,349
(j) Service performed by an individual in the employ of 2,351
any organization exempt from income tax under section 501 of the 2,352
"Internal Revenue Code of 1954," if the remuneration for such 2,353
57
service does not exceed fifty dollars in any calendar quarter, or 2,354
if such service is in connection with the collection of dues or 2,355
premiums for a fraternal beneficial society, order, or 2,356
association and is performed away from the home office or is 2,357
ritualistic service in connection with any such society, order, 2,358
or association; 2,359
(k) Casual labor not in the course of an employer's trade 2,361
or business; incidental service performed by an officer, 2,362
appraiser, or member of a finance committee of a bank, building 2,363
and loan association, savings and loan association, or savings 2,364
association when the remuneration for such incidental service 2,365
exclusive of the amount paid or allotted for directors' fees does 2,366
not exceed sixty dollars per calendar quarter is casual labor; 2,367
(l) Service performed in the employ of a voluntary 2,369
employees' beneficial association providing for the payment of 2,370
life, sickness, accident, or other benefits to the members of 2,371
such association or their dependents or their designated 2,372
beneficiaries, if admission to a membership in such association 2,373
is limited to individuals who are officers or employees of a 2,374
municipal or public corporation, of a political subdivision of 2,375
the state, or of the United States and no part of the net 2,376
earnings of such association inures, other than through such 2,377
payments, to the benefit of any private shareholder or 2,378
individual; 2,379
(m) Service performed by an individual in the employ of a 2,381
foreign government, including service as a consular or other 2,382
officer or employee or of a nondiplomatic representative; 2,383
(n) Service performed in the employ of an instrumentality 2,385
wholly owned by a foreign government if the service is of a 2,386
character similar to that performed in foreign countries by 2,387
employees of the United States or of an instrumentality thereof 2,388
and if the administrator finds that the secretary of state of the 2,389
United States has certified to the secretary of the treasury of 2,390
the United States that the foreign government, with respect to 2,391
58
whose instrumentality exemption is claimed, grants an equivalent 2,392
exemption with respect to similar service performed in the 2,393
foreign country by employees of the United States and of 2,394
instrumentalities thereof; 2,395
(o) Service with respect to which unemployment 2,397
compensation is payable under an unemployment compensation system 2,398
established by an act of congress; 2,399
(p) Service performed as a student nurse in the employ of 2,401
a hospital or a nurses' training school by an individual who is 2,402
enrolled and is regularly attending classes in a nurses' training 2,403
school chartered or approved pursuant to state law, and service 2,404
performed as an intern in the employ of a hospital by an 2,405
individual who has completed a four years' course in a medical 2,406
school chartered or approved pursuant to state law; 2,407
(q) Service performed by an individual under the age of 2,409
eighteen in the delivery or distribution of newspapers or 2,410
shopping news, not including delivery or distribution to any 2,411
point for subsequent delivery or distribution; 2,412
(r) Service performed in the employ of the United States 2,414
or an instrumentality of the United States immune under the 2,415
constitution of the United States from the contributions imposed 2,416
by this chapter, except that to the extent that congress permits 2,417
states to require any instrumentalities of the United States to 2,418
make payments into an unemployment fund under a state 2,419
unemployment compensation act, this chapter shall be applicable 2,420
to such instrumentalities and to services performed for such 2,421
instrumentalities in the same manner, to the same extent, and on 2,422
the same terms as to all other employers, individuals, and 2,423
services, provided that if this state is not certified for any 2,424
year by the proper agency of the United States under section 3304 2,425
of the "Internal Revenue Code of 1954," the payments required of 2,426
such instrumentalities with respect to such year shall be 2,427
refunded by the administrator from the fund in the same manner 2,428
and within the same period as is provided in division (E) of 2,429
59
section 4141.09 of the Revised Code with respect to contributions 2,430
erroneously collected; 2,431
(s) Service performed by an individual as a member of a 2,433
band or orchestra, provided such service does not represent the 2,434
principal occupation of such individual, and which service is not 2,435
subject to or required to be covered for full tax credit against 2,436
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 2,437
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after 2,438
December 31, 1971, for a nonprofit organization, this state or 2,440
its instrumentalities, or a political subdivision or its 2,441
instrumentalities, as part of an unemployment work-relief or 2,442
work-training program assisted or financed in whole or in part by 2,443
any federal agency or an agency of a state or political 2,444
subdivision thereof, by an individual receiving the work-relief 2,445
or work-training. 2,446
(t) Service performed in the employ of a day camp whose 2,448
camping season does not exceed twelve weeks in any calendar year, 2,449
and which service is not subject to the "Federal Unemployment Tax 2,450
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 2,451
performed after December 31, 1971: 2,453
(i) In the employ of a hospital, if the service is 2,455
performed by a patient of the hospital, as defined in division 2,456
(W) of this section; 2,457
(ii) For a prison or other correctional institution by an 2,459
inmate of the prison or correctional institution; 2,460
(iii) Service performed after December 31, 1977, by an 2,462
inmate of a custodial institution operated by the state, a 2,463
political subdivision, or a nonprofit organization. 2,464
(u) Service that is performed by a nonresident alien 2,467
individual for the period the individual temporarily is present
in the United States as a nonimmigrant under division (F), (J), 2,469
(M), or (Q) of section 101(a)(15) of the "Immigration and 2,470
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that 2,471
is excluded under section 3306(c)(19) of the "Federal 2,472
60
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 2,474
3311.
(v) Notwithstanding any other provisions of division 2,476
(B)(3) of this section, services which THAT are excluded under 2,477
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 2,478
be excluded from employment when performed for a nonprofit 2,479
organization, as defined in division (X) of this section, or for 2,480
this state or its instrumentalities, or for a political 2,481
subdivision or its instrumentalities. 2,482
(w) SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS 2,484
AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF 2,485
REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR 2,487
FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS 2,488
THAN ONE THOUSAND DOLLARS; 2,489
(x) SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY 2,491
SCHOOL THAT IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS 2,492
DESCRIBED IN SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME 2,493
TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL REVENUE CODE, 26 2,496
U.S.C.A. 501;
(y) SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL 2,498
INSTITUTION. 2,499
(4) If the services performed during one half or more of 2,501
any pay period by an employee for the person employing that 2,502
employee constitute employment, all the services of such employee 2,503
for such period shall be deemed to be employment; but if the 2,505
services performed during more than one half of any such pay 2,506
period by an employee for the person employing that employee do 2,507
not constitute employment, then none of the services of such 2,509
employee for such period shall be deemed to be employment. As 2,510
used in division (B)(4) of this section, "pay period" means a 2,511
period, of not more than thirty-one consecutive days, for which 2,512
payment of remuneration is ordinarily made to the employee by the 2,513
person employing that employee. Division (B)(4) of this section 2,514
does not apply to services performed in a pay period by an 2,515
61
employee for the person employing that employee, if any of such 2,517
service is excepted by division (B)(3)(o) of this section. 2,519
(C) "Benefits" means money payments payable to an 2,521
individual who has established benefit rights, as provided in 2,522
this chapter, for loss of remuneration due to the individual's 2,523
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 2,525
the maximum benefit amount that may become payable to an 2,526
individual within the individual's benefit year as determined by 2,527
the administrator. 2,528
(E) "Claim for benefits" means a claim for waiting period 2,530
or benefits for a designated week. 2,531
(F) "Additional claim" means the first claim for benefits 2,533
filed following any separation from employment during a benefit 2,534
year; "continued claim" means any claim other than the first 2,535
claim for benefits and other than an additional claim. 2,536
(G)(1) "Wages" means remuneration paid to an employee by 2,538
each of the employee's employers with respect to employment; 2,539
except that wages shall not include that part of remuneration 2,540
paid during any calendar year to an individual by an employer or 2,541
such employer's predecessor in interest in the same business or 2,542
enterprise, which in any calendar year is in excess of eight 2,543
thousand two hundred fifty dollars on and after January 1, 1992; 2,544
eight thousand five hundred dollars on and after January 1, 1993; 2,545
eight thousand seven hundred fifty dollars on and after January 2,546
1, 1994; and nine thousand dollars on and after January 1, 1995. 2,547
Remuneration in excess of such amounts shall be deemed wages 2,548
subject to contribution to the same extent that such remuneration 2,549
is defined as wages under the "Federal Unemployment Compensation 2,550
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as 2,551
amended. The remuneration paid an employee by an employer with 2,553
respect to employment in another state, upon which contributions 2,554
were required and paid by such employer under the unemployment 2,555
compensation act of such other state, shall be included as a part 2,556
62
of remuneration in computing the amount specified in this 2,557
division. 2,558
(2) Notwithstanding division (G)(1) of this section, if, 2,560
as of the computation date for any calendar year, the 2,561
administrator determines that the level of the unemployment 2,562
compensation fund is sixty per cent or more below the minimum 2,563
safe level as defined in section 4141.25 of the Revised Code, 2,564
then, effective the first day of January of the following 2,565
calendar year, wages subject to this chapter shall not include 2,566
that part of remuneration paid during any calendar year to an 2,567
individual by an employer or such employer's predecessor in 2,568
interest in the same business or enterprise which is in excess of 2,569
nine thousand dollars. The increase in the dollar amount of 2,570
wages subject to this chapter under this division shall remain in 2,571
effect from the date of the administrator's determination 2,572
pursuant to division (G)(2) of this section and thereafter 2,573
notwithstanding the fact that the level in the fund may 2,574
subsequently become less than sixty per cent below the minimum 2,575
safe level. 2,576
(H)(1) "Remuneration" means all compensation for personal 2,578
services, including commissions and bonuses and the cash value of 2,579
all compensation in any medium other than cash, except that in 2,580
the case of agricultural or domestic service, "remuneration" 2,581
includes only cash remuneration. Gratuities customarily received 2,582
by an individual in the course of the individual's employment 2,583
from persons other than the individual's employer and which are 2,584
accounted for by such individual to the individual's employer are 2,585
taxable wages.
The reasonable cash value of compensation paid in any 2,587
medium other than cash shall be estimated and determined in 2,588
accordance with rules prescribed by the administrator, provided 2,589
that "remuneration" does not include: 2,590
(a) Payments as provided in divisions (b)(2) to (b)(16) of 2,592
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 2,593
63
26 U.S.C.A. 3301 to 3311, as amended; 2,594
(b) The payment by an employer, without deduction from the 2,596
remuneration of the individual in the employer's employ, of the 2,597
tax imposed upon an individual in the employer's employ under 2,598
section 3101 of the "Internal Revenue Code of l954 1954," with 2,600
respect to services performed after October 1, 1941. 2,601
(2) "Cash remuneration" means all remuneration paid in 2,603
cash, including commissions and bonuses, but not including the 2,604
cash value of all compensation in any medium other than cash. 2,605
(I) "Interested party" means the administrator and any 2,607
party to whom notice of a determination of an application for 2,608
benefit rights or a claim for benefits is required to be given 2,609
under section 4141.28 of the Revised Code. 2,610
(J) "Annual payroll" means the total amount of wages 2,612
subject to contributions during a twelve-month period ending with 2,613
the last day of the second calendar quarter of any calendar year. 2,614
(K) "Average annual payroll" means the average of the last 2,616
three annual payrolls of an employer, provided that if, as of any 2,617
computation date, the employer has had less than three annual 2,618
payrolls in such three-year period, such average shall be based 2,619
on the annual payrolls which the employer has had as of such 2,620
date.
(L)(1) "Contributions" means the money payments to the 2,622
state unemployment compensation fund required of employers by 2,623
section 4141.25 of the Revised Code and of the state and any of 2,624
its political subdivisions electing to pay contributions under 2,625
section 4141.242 of the Revised Code. Employers paying 2,626
contributions shall be described as "contributory employers." 2,627
(2) "Payments in lieu of contributions" means the money 2,629
payments to the state unemployment compensation fund required of 2,630
reimbursing employers under sections 4141.241 and 4141.242 of the 2,631
Revised Code. 2,632
(M) An individual is "totally unemployed" in any week 2,634
during which the individual performs no services and with respect 2,635
64
to such week no remuneration is payable to the individual. 2,636
(N) An individual is "partially unemployed" in any week 2,638
if, due to involuntary loss of work, the total remuneration 2,639
payable to the individual for such week is less than the 2,640
individual's weekly benefit amount. 2,641
(O) "Week" means the calendar week ending at midnight 2,643
Saturday unless an equivalent week of seven consecutive calendar 2,644
days is prescribed by the administrator. 2,645
(1) "Qualifying week" means any calendar week in an 2,647
individual's base period with respect to which the individual 2,648
earns or is paid remuneration in employment subject to this 2,650
chapter. A calendar week with respect to which an individual 2,651
earns remuneration but for which payment was not made within the 2,652
base period, when necessary to qualify for benefit rights, may be 2,653
considered to be a qualifying week. The number of qualifying 2,654
weeks which may be established in a calendar quarter shall not 2,655
exceed the number of calendar weeks in the quarter. 2,656
(2) "Average weekly wage" means the amount obtained by 2,658
dividing an individual's total remuneration for all qualifying 2,659
weeks during the base period by the number of such qualifying 2,660
weeks, provided that if the computation results in an amount 2,661
which THAT is not a multiple of one dollar, such amount shall be 2,662
rounded to the next lower multiple of one dollar. 2,663
(P) "Weekly benefit amount" means the amount of benefits 2,665
an individual would be entitled to receive for one week of total 2,666
unemployment. 2,667
(Q)(1) "Base period" means the first four of the last five 2,669
completed calendar quarters immediately preceding the first day 2,670
of an individual's benefit year, except as provided in division 2,671
(Q)(2) of this section. 2,672
(2) If an individual does not have sufficient qualifying 2,674
weeks and wages in the base period to qualify for benefit rights, 2,675
the individual's base period shall be the four most recently 2,676
completed calendar quarters preceding the first day of the 2,678
65
individual's benefit year. Such base period shall be known as 2,679
the "alternate base period." If information as to weeks and 2,680
wages for the most recent quarter of the alternate base period is 2,681
not available to the administrator from the regular quarterly 2,682
reports of wage information, which are systematically accessible, 2,683
the administrator may, consistent with the provisions of section 2,684
4141.28 of the Revised Code, base the determination of 2,685
eligibility for benefits on the affidavit of the claimant with 2,686
respect to weeks and wages for that calendar quarter. The 2,687
claimant shall furnish payroll documentation, where available, in 2,688
support of the affidavit. The determination based upon the 2,689
alternate base period as it relates to the claimant's benefit 2,690
rights, shall be amended when the quarterly report of wage 2,691
information from the employer is timely received and that 2,692
information causes a change in the determination. As provided in 2,693
division (B)(1)(b) of section 4141.28 of the Revised Code, any 2,694
benefits paid and charged to an employer's account, based upon a 2,695
claimant's affidavit, shall be adjusted effective as of the 2,696
beginning of the claimant's benefit year. No calendar quarter in 2,697
a base period or alternate base period shall be used to establish 2,698
a subsequent benefit year. 2,699
(3) The "base period" of a combined wage claim, as 2,701
described in division (H) of section 4141.43 of the Revised Code, 2,702
shall be the base period prescribed by the law of the state in 2,703
which the claim is allowed. 2,704
(4) FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A 2,706
COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS 2,707
ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE 2,708
UTILIZED. 2,709
(R)(1) "Benefit year" with respect to an individual means 2,711
the fifty-two week period beginning with the first day of that 2,712
week with respect to which the individual first files a valid 2,713
application for determination of benefit rights, and thereafter 2,715
the fifty-two week period beginning with the first day of that 2,716
66
week with respect to which the individual next files a valid 2,717
application for determination of benefit rights after the 2,718
termination of the individual's last preceding benefit year, 2,719
except that the application shall not be considered valid unless 2,721
the individual has had employment in six weeks that is subject to 2,722
this chapter or the unemployment compensation act of another 2,723
state, or the United States, and has, since the beginning of the 2,724
individual's previous benefit year, in the employment earned 2,725
three times the average weekly wage determined for the previous 2,726
benefit year. The "benefit year" of a combined wage claim, as 2,727
described in division (H) of section 4141.43 of the Revised Code, 2,728
shall be the benefit year prescribed by the law of the state in 2,729
which the claim is allowed. ANY
Effective for applications filed with respect to weeks 2,731
beginning on or after October 1, 2000, any application for 2,733
determination of benefit rights made in accordance with section 2,736
4141.28 of the Revised Code is valid if the individual filing 2,737
such application is unemployed, has been employed by an employer 2,738
or employers subject to this chapter in at least twenty 2,739
qualifying weeks within the individual's base period, AND has 2,740
earned or been paid remuneration at an average weekly wage of not 2,743
less than twenty-seven and one-half per cent of the statewide
average weekly wage for such weeks. FOR PURPOSES OF DETERMINING 2,745
WHETHER AN INDIVIDUAL HAS HAD SUFFICIENT EMPLOYMENT SINCE THE 2,746
BEGINNING OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO FILE A 2,747
VALID APPLICATION, "EMPLOYMENT" MEANS THE PERFORMANCE OF SERVICES 2,748
FOR WHICH REMUNERATION IS PAYABLE. 2,749
(2) EFFECTIVE FOR APPLICATIONS FILED ON AND AFTER MARCH 3, 2,753
2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS MADE IN 2,754
ACCORDANCE WITH SECTION 4141.28 OF THE REVISED CODE IS VALID IF
THE INDIVIDUAL SATISFIES THE CRITERIA DESCRIBED IN DIVISION 2,755
(R)(1) OF THIS SECTION, and IF the reason for the individual's 2,756
separation from employment is not disqualifying pursuant to 2,757
division (D)(2) of section 4141.29 or section 4141.291 of the 2,759
67
Revised Code. A disqualification imposed pursuant to division 2,762
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code 2,765
must be removed as provided in those sections as a requirement of 2,766
establishing a valid application for benefit rights FILED ON AND 2,767
AFTER MARCH 3, 2002. 2,768
(3) The statewide average weekly wage shall be calculated 2,770
by the administrator once a year based on the twelve-month period 2,771
ending the thirtieth day of June, as set forth in division (B)(3) 2,773
of section 4141.30 of the Revised Code, rounded down to the 2,774
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 2,775
individuals to have filed valid applications shall become 2,776
effective on Sunday of the calendar week in which the first day 2,777
of January occurs that follows the twelve-month period ending the 2,778
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 2,779
(4) As used in this division, an individual is 2,781
"unemployed" if, with respect to the calendar week in which such 2,784
application is filed, the individual is "partially unemployed" or 2,786
"totally unemployed" as defined in this section or if, prior to 2,787
filing the application, the individual was separated from the 2,789
individual's most recent work for any reason which terminated the 2,790
individual's employee-employer relationship, or was laid off 2,791
indefinitely or for a definite period of seven or more days. 2,792
(S) "Calendar quarter" means the period of three 2,794
consecutive calendar months ending on the thirty-first day of 2,795
March, the thirtieth day of June, the thirtieth day of September, 2,796
and the thirty-first day of December, or the equivalent thereof 2,797
as the administrator prescribes by rule. 2,798
(T) "Computation date" means the first day of the third 2,800
calendar quarter of any calendar year. 2,801
(U) "Contribution period" means the calendar year 2,803
beginning on the first day of January of any year. 2,804
(V) "Agricultural labor," for the purpose of this 2,806
68
division, means any service performed prior to January 1, 1972, 2,807
which was agricultural labor as defined in this division prior to 2,808
that date, and service performed after December 31, 1971: 2,809
(1) On a farm, in the employ of any person, in connection 2,811
with cultivating the soil, or in connection with raising or 2,812
harvesting any agricultural or horticultural commodity, including 2,813
the raising, shearing, feeding, caring for, training, and 2,814
management of livestock, bees, poultry, and fur-bearing animals 2,815
and wildlife; 2,816
(2) In the employ of the owner or tenant or other operator 2,818
of a farm in connection with the operation, management, 2,819
conservation, improvement, or maintenance of such farm and its 2,820
tools and equipment, or in salvaging timber or clearing land of 2,821
brush and other debris left by hurricane, if the major part of 2,822
such service is performed on a farm; 2,823
(3) In connection with the production or harvesting of any 2,825
commodity defined as an agricultural commodity in section 15 (g) 2,826
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 2,827
U.S.C. 1141j, as amended, or in connection with the ginning of 2,828
cotton, or in connection with the operation or maintenance of 2,829
ditches, canals, reservoirs, or waterways, not owned or operated 2,830
for profit, used exclusively for supplying and storing water for 2,831
farming purposes; 2,832
(4) In the employ of the operator of a farm in handling, 2,834
planting, drying, packing, packaging, processing, freezing, 2,835
grading, storing, or delivering to storage or to market or to a 2,836
carrier for transportation to market, in its unmanufactured 2,837
state, any agricultural or horticultural commodity, but only if 2,838
the operator produced more than one half of the commodity with 2,839
respect to which such service is performed; 2,840
(5) In the employ of a group of operators of farms, or a 2,842
cooperative organization of which the operators are members, in 2,843
the performance of service described in division (V)(4) of this 2,844
section, but only if the operators produced more than one-half of 2,845
69
the commodity with respect to which the service is performed; 2,846
(6) Divisions (V)(4) and (5) of this section shall not be 2,848
deemed to be applicable with respect to service performed: 2,849
(a) In connection with commercial canning or commercial 2,851
freezing or in connection with any agricultural or horticultural 2,852
commodity after its delivery to a terminal market for 2,853
distribution for consumption; or 2,854
(b) On a farm operated for profit if the service is not in 2,856
the course of the employer's trade or business. 2,857
As used in division (V) of this section, "farm" includes 2,859
stock, dairy, poultry, fruit, fur-bearing animal, and truck 2,860
farms, plantations, ranches, nurseries, ranges, greenhouses, or 2,861
other similar structures used primarily for the raising of 2,862
agricultural or horticultural commodities and orchards. 2,863
(W) "Hospital" means an institution which has been 2,865
registered or licensed by the Ohio department of health as a 2,866
hospital. 2,867
(X) "Nonprofit organization" means an organization, or 2,869
group of organizations, described in section 501(c)(3) of the 2,870
"Internal Revenue Code of 1954," and exempt from income tax under 2,871
section 501(a) of that code. 2,872
(Y) "Institution of higher education" means a public or 2,874
nonprofit educational institution which: 2,875
(1) Admits as regular students only individuals having a 2,877
certificate of graduation from a high school, or the recognized 2,878
equivalent; 2,879
(2) Is legally authorized in this state to provide a 2,881
program of education beyond high school; and 2,882
(3) Provides an educational program for which it awards a 2,884
bachelor's or higher degree, or provides a program which is 2,885
acceptable for full credit toward such a degree, a program of 2,886
post-graduate or post-doctoral studies, or a program of training 2,887
to prepare students for gainful employment in a recognized 2,888
occupation. 2,889
70
For the purposes of this division, all colleges and 2,891
universities in this state are institutions of higher education. 2,892
(Z) For the purposes of this chapter, "states" includes 2,894
the District of Columbia, the Commonwealth of Puerto Rico, and 2,895
the Virgin Islands. 2,896
(AA) "Alien" means, for the purposes of division (A)(1)(d) 2,898
of this section, an individual who is an alien admitted to the 2,899
United States to perform service in agricultural labor pursuant 2,900
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 2,901
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 2,902
(BB)(1) "Crew leader" means an individual who furnishes 2,904
individuals to perform agricultural labor for any other employer 2,905
or farm operator, and: 2,906
(a) Pays, either on the individual's own behalf or on 2,909
behalf of the other employer or farm operator, the individuals so 2,911
furnished by the individual for the service in agricultural labor 2,912
performed by them; 2,913
(b) Has not entered into a written agreement with the 2,915
other employer or farm operator under which the agricultural 2,916
worker is designated as in the employ of the other employer or 2,917
farm operator. 2,918
(2) For the purposes of this chapter, any individual who 2,920
is a member of a crew furnished by a crew leader to perform 2,921
service in agricultural labor for any other employer or farm 2,922
operator shall be treated as an employee of the crew leader if: 2,923
(a) The crew leader holds a valid certificate of 2,925
registration under the "Farm Labor Contractor Registration Act of 2,926
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 2,927
(b) Substantially all the members of the crew operate or 2,929
maintain tractors, mechanized harvesting or crop-dusting 2,930
equipment, or any other mechanized equipment, which is provided 2,931
by the crew leader; and 2,932
(c) If the individual is not in the employment of the 2,934
other employer or farm operator within the meaning of division 2,935
71
(B)(1) of this section. 2,936
(3) For the purposes of this division, any individual who 2,938
is furnished by a crew leader to perform service in agricultural 2,939
labor for any other employer or farm operator and who is not 2,940
treated as in the employment of the crew leader under division 2,941
(BB)(2) of this section shall be treated as the employee of the 2,942
other employer or farm operator and not of the crew leader. The 2,943
other employer or farm operator shall be treated as having paid 2,944
cash remuneration to the individual in an amount equal to the 2,945
amount of cash remuneration paid to the individual by the crew 2,946
leader, either on the crew leader's own behalf or on behalf of 2,947
the other employer or farm operator, for the service in 2,948
agricultural labor performed for the other employer or farm 2,949
operator.
(CC) "Educational institution" means an institution other 2,951
than an institution of higher education as defined in division 2,952
(Y) of this section which: 2,953
(1) Offers participants, trainees, or students an 2,955
organized course of study or training designed to transfer to 2,956
them knowledge, skills, information, doctrines, attitudes, or 2,957
abilities from, by, or under the guidance of an instructor or 2,958
teacher; and 2,959
(2) Is approved, chartered, or issued a permit to operate 2,961
as a school by the state board of education or other government 2,962
agency that is authorized within the state to approve, charter, 2,963
or issue a permit for the operation of a school. 2,964
For the purposes of this division, the courses of study or 2,966
training which the institution offers may be academic, technical, 2,967
trade, or preparation for gainful employment in a recognized 2,968
occupation. 2,969
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 2,971
Sec. 4141.162. (A) The administrator of the bureau of 2,980
employment services shall establish an income and eligibility 2,981
verification system that complies with section 1137 of the 2,982
72
"Social Security Act." The programs included in the system are: 2,983
(1) Unemployment compensation pursuant to section 3304 of 2,985
the "Internal Revenue Code of 1954"; 2,986
(2) The state programs funded in part under part A of 2,988
Title IV of the "Social Security Act" and administered under 2,989
Chapters 5107. and 5108. of the Revised Code; 2,990
(3) Medicaid pursuant to Title XIX of the "Social Security 2,993
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 2,995
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 2,996
(5) Any Ohio program under a plan approved under Title I, 2,998
X, XIV, or XVI of the "Social Security Act." 2,999
Wage information provided by employers to the bureau shall 3,001
be furnished to the income and eligibility verification system. 3,002
Such information shall be used by the bureau to determine 3,003
eligibility of individuals for unemployment compensation benefits 3,004
and the amount of those benefits and used by the agencies that 3,005
administer the programs identified in divisions (A)(2) to (5) of 3,006
this section to determine or verify eligibility for or the amount 3,007
of benefits under those programs. 3,008
The bureau shall fully implement the use of wage 3,010
information to determine eligibility for and the amount of 3,011
unemployment compensation benefits by September 30, 1988. 3,012
Information furnished under the system shall also be made 3,014
available to the appropriate state or local child support 3,015
enforcement agency for the purposes of an approved plan under 3,016
Title IV-D of the "Social Security Act" and to the appropriate 3,018
federal agency for the purposes of Titles II and XVI of the 3,019
"Social Security Act."
(B) The administrator shall adopt rules as necessary under 3,021
which the bureau of employment services, the department of human 3,022
services, and other state agencies the administrator determines 3,023
must participate in order to ensure compliance with section 1137 3,024
of the "Social Security Act" exchange information with each other 3,025
73
or authorized federal agencies about individuals who are 3,026
applicants for or recipients of benefits under any of the 3,027
programs enumerated in division (A) of this section. The rules 3,028
shall extend to: 3,029
(1) A requirement for standardized formats and procedures 3,031
for a participating agency to request and receive information 3,032
about an individual, which information shall include the 3,033
individual's social security number; 3,034
(2) A requirement that all applicants for and recipients 3,036
of benefits under any program enumerated in division (A) of this 3,037
section be notified at the time of application, and periodically 3,038
thereafter, that information available through the system may be 3,039
shared with agencies that administer other benefit programs and 3,040
utilized in establishing or verifying eligibility or benefit 3,041
amounts under the other programs enumerated in division (A) of 3,042
this section; 3,043
(3) A requirement that information is made available only 3,045
to the extent necessary to assist in the valid administrative 3,046
needs of the program receiving the information and is targeted 3,047
for use in ways which are most likely to be productive in 3,048
identifying and preventing ineligibility and incorrect payments; 3,049
(4) A requirement that information is adequately protected 3,051
against unauthorized disclosures for purposes other than to 3,052
establish or verify eligibility or benefit amounts under the 3,053
programs enumerated in division (A) of this section; 3,054
(5) A requirement that a program providing information is 3,056
reimbursed by the program using the information for the actual 3,057
costs of furnishing the information and that the administrator be 3,058
reimbursed by the participating programs for any actual costs 3,059
incurred in operating the system; 3,060
(6) Requirements for any other matters necessary to ensure 3,062
the effective, efficient, and timely exchange of necessary 3,063
information or that the administrator determines must be 3,064
addressed in order to ensure compliance with the requirements of 3,065
74
section 1137 of the "Social Security Act." 3,066
(C) Each participating agency shall furnish to the income 3,068
and eligibility verification system established in division (A) 3,069
of this section that information, which the administrator, by 3,070
rule, determines is necessary in order to comply with section 3,071
1137 of the "Social Security Act." 3,072
(D) Notwithstanding the information disclosure 3,074
requirements of this section and sections 4141.16, 4141.161, 3,075
4141.21, and division (D)(4)(a)(A) of section 4141.28 4141.282 of 3,077
the Revised Code, the administrator shall administer those 3,078
provisions of law so as to comply with section 1137 of the 3,079
"Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 3,081
with respect to confidentiality of information obtained in the 3,082
administration of Chapter 4141. of the Revised Code and any 3,083
sanctions imposed for improper disclosure of such information 3,084
shall apply to the redisclosure of information disclosed under 3,085
this section. 3,086
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 3,088
Sec. 4141.24. (A)(1) The administrator of the bureau of 3,097
employment services shall maintain a separate account for each 3,098
employer and, except as otherwise provided in division (B) of 3,100
section 4141.25 of the Revised Code respecting mutualized
contributions, shall credit such employer's account with all the 3,101
contributions, or payments in lieu of contributions, which the 3,102
employer has paid on the employer's own behalf. 3,103
(2) If, as of the computation date, a contributory 3,105
employer's account shows a negative balance computed as provided 3,106
in division (A)(3) of section 4141.25 of the Revised Code, less 3,108
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions 3,109
(A)(2)(a), (b), and (c) of this section and if the employer's 3,110
account is otherwise eligible for the transfer, then before the 3,111
employer's contribution rate is computed for the next succeeding 3,112
75
contribution period, an amount equal to the amount of the excess 3,113
eligible for transfer shall be permanently transferred from the 3,114
account of such employer and charged to the mutualized account 3,115
provided in division (B) of section 4141.25 of the Revised Code. 3,117
(a) If as of any computation date, a contributory 3,119
employer's account shows a negative balance in excess of ten per 3,120
cent of the employer's average annual payroll, then before the 3,121
employer's contribution rate is computed for the next succeeding 3,122
contribution period, an amount equal to the amount of the excess 3,123
shall be transferred from the account as provided in this 3,124
division. No contributory employer's account may have any excess 3,125
transferred pursuant to division (A)(2)(a) of this section, 3,126
unless the employer's account has shown a positive balance for at 3,128
least two consecutive computation dates prior to the computation
date with respect to which the transfer is proposed. Each time a 3,129
transfer is made pursuant to division (A)(2)(a) of this section, 3,130
the employer's account is ineligible for any additional transfers 3,131
under that division, until the account shows a positive balance 3,132
for at least two consecutive computation dates subsequent to the 3,133
computation date of which the most recent transfer occurs 3,134
pursuant to division (A)(2)(a), (b), or (c) of this section. 3,135
(b) If at the next computation date after the computation 3,137
date at which a transfer from the account occurs pursuant to 3,138
division (A)(2)(a) of this section, a contributory employer's 3,139
account shows a negative balance in excess of fifteen per cent of 3,140
the employer's average annual payroll, then before the employer's 3,142
contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess 3,143
shall be permanently transferred from the account as provided in 3,144
this division. 3,145
(c) If at the next computation date subsequent to the 3,147
computation date at which a transfer from a contributory 3,148
employer's account occurs pursuant to division (A)(2)(b) of this 3,149
section, the employer's account shows a negative balance in 3,150
76
excess of twenty per cent of the employer's average annual 3,151
payroll, then before the employer's contribution rate is computed 3,153
for the next succeeding contribution period, an amount equal to
the amount of the excess shall be permanently transferred from 3,154
the account as provided in this division. 3,155
(d) If no transfer occurs pursuant to division (A)(2)(b) 3,157
or (c) of this section, the employer's account is ineligible for 3,158
any additional transfers under division (A)(2) until the account 3,159
requalifies for a transfer pursuant to division (A)(2)(a) of this 3,160
section. 3,161
(B) Any employer may make voluntary payments in addition 3,163
to the contributions required under this chapter, in accordance 3,164
with rules established by the administrator. Such payments shall 3,165
be included in the employer's account as of the computation date, 3,166
provided they are received by the bureau of employment services 3,167
by the thirty-first day of December following such computation 3,168
date. Such voluntary payment, when accepted from an employer, 3,169
will not be refunded in whole or in part. In determining whether 3,170
an employer's account has a positive balance on two consecutive 3,171
computation dates and is eligible for transfers under division 3,172
(A)(2) of this section, the administrator shall exclude any 3,173
voluntary payments made subsequent to the last transfer made 3,174
under division (A)(2) of this section. 3,175
(C) All contributions to the fund shall be pooled and 3,177
available to pay benefits to any individual entitled to benefits 3,178
irrespective of the source of such contributions. 3,179
(D)(1) For the purposes of this section and sections 3,181
4141.241 and 4141.242 of the Revised Code, an employer's account 3,182
shall be charged only for benefits based on remuneration paid by 3,183
such employer. Benefits paid to an eligible individual shall be 3,184
charged against the account of each employer within the 3,185
claimant's base period in the proportion to which wages 3,186
attributable to each employer of the claimant bears to the 3,187
claimant's total base period wages. Charges to the account of a 3,188
77
base period employer with whom the claimant is employed part-time 3,189
at the time the claimant's application for a determination of 3,191
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 3,192
(a) The claimant also worked part-time for the employer 3,194
during the base period of the claim. 3,195
(b) The claimant is unemployed due to loss of other 3,197
employment. 3,198
(c) The employer is not a reimbursing employer under 3,201
section 4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, 3,203
charges to the account of any employer, including any reimbursing 3,204
employer, shall be charged to the mutualized account if it 3,205
finally is determined by a court on appeal that the employer's 3,206
account is not chargeable for the benefits.
(3) ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28 3,208
OF THE REVISED CODE PRIOR TO A FINAL DETERMINATION OF THE 3,210
CLAIMANT'S RIGHT TO THE BENEFITS SHALL BE CHARGED TO THE 3,212
EMPLOYER'S ACCOUNT AS PROVIDED IN DIVISION (D)(1) OF THIS 3,213
SECTION, PROVIDED THAT IF THERE IS NO FINAL DETERMINATION OF THE 3,214
CLAIM BY THE SUBSEQUENT THIRTIETH DAY OF JUNE, THE EMPLOYER'S 3,215
ACCOUNT SHALL BE CREDITED WITH THE TOTAL AMOUNT OF BENEFITS THAT 3,216
HAS BEEN PAID PRIOR TO THAT DATE, BASED ON THE DETERMINATION THAT 3,217
HAS NOT BECOME FINAL. THE TOTAL AMOUNT CREDITED TO THE 3,218
EMPLOYER'S ACCOUNT SHALL BE CHARGED TO A SUSPENSE ACCOUNT, WHICH 3,219
SHALL BE MAINTAINED AS A SEPARATE BOOKKEEPING ACCOUNT AND 3,220
ADMINISTERED AS A PART OF THIS SECTION, AND SHALL NOT BE USED IN 3,221
DETERMINING THE ACCOUNT BALANCE OF THE EMPLOYER FOR THE PURPOSE 3,222
OF COMPUTING THE EMPLOYER'S CONTRIBUTION RATE UNDER SECTION 3,223
4141.25 OF THE REVISED CODE.
IF IT IS FINALLY DETERMINED THAT THE CLAIMANT IS ENTITLED 3,225
TO ALL OR A PART OF THE BENEFITS IN DISPUTE, THE SUSPENSE ACCOUNT 3,226
SHALL BE CREDITED AND THE APPROPRIATE EMPLOYER'S ACCOUNT CHARGED 3,227
WITH THE BENEFITS. IF IT IS FINALLY DETERMINED THAT THE CLAIMANT 3,228
78
IS NOT ENTITLED TO ALL OR ANY PORTION OF THE BENEFITS IN DISPUTE, 3,229
THE BENEFITS SHALL BE CREDITED TO THE SUSPENSE ACCOUNT AND A 3,230
CORRESPONDING CHARGE MADE TO THE MUTUALIZED ACCOUNT ESTABLISHED 3,231
IN DIVISION (B) OF SECTION 4141.25 OF THE REVISED CODE, PROVIDED 3,234
THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF BENEFITS 3,235
ARE CHARGEABLE TO AN EMPLOYER OR GROUP OF EMPLOYERS WHO IS 3,236
REQUIRED OR ELECTS TO MAKE PAYMENTS TO THE FUND IN LIEU OF 3,237
CONTRIBUTIONS UNDER SECTION 4141.241 OF THE REVISED CODE, THE 3,239
BENEFITS SHALL BE CHARGED TO THE EMPLOYER'S ACCOUNT IN THE MANNER 3,240
PROVIDED IN DIVISION (D)(1) OF THIS SECTION AND DIVISION (B) OF 3,242
SECTION 4141.241 OF THE REVISED CODE, AND NO PART OF THE BENEFITS 3,244
MAY BE CHARGED TO THE SUSPENSE ACCOUNT PROVIDED IN THIS DIVISION. 3,245
TO THE EXTENT THAT BENEFITS THAT HAVE BEEN PAID TO A 3,248
CLAIMANT AND CHARGED TO THE EMPLOYER'S ACCOUNT ARE FOUND NOT TO 3,249
BE DUE THE CLAIMANT AND ARE RECOVERED BY THE ADMINISTRATOR AS 3,250
PROVIDED IN SECTION 4141.35 OF THE REVISED CODE, THEY SHALL BE 3,251
CREDITED TO THE EMPLOYER'S ACCOUNT. 3,253
(4) The administrator shall notify each employer at least 3,255
once each month of the benefits charged to the employer's account 3,257
since the last preceding notice; except that for the purposes of 3,258
sections 4141.241 and 4141.242 of the Revised Code which provides 3,259
the billing of employers on a payment in lieu of a contribution 3,260
basis, the administrator may prescribe a quarterly or less 3,261
frequent notice of benefits charged to the employer's account. 3,262
Such notice will show a summary of the amount of benefits paid 3,263
which were charged to the employer's account. This notice shall 3,264
not be deemed a determination of the claimant's eligibility for 3,265
benefits. Any employer so notified, however, may file within 3,267
fifteen days after the mailing date of the notice, an exception 3,268
to charges appearing on the notice on the grounds that such 3,269
charges are not in accordance with this section. The 3,270
administrator shall promptly examine the exception to such 3,271
charges and shall notify the employer of the administrator's 3,272
decision thereon, which decision shall become final unless 3,273
79
appealed to the unemployment compensation review commission in 3,274
the manner provided in section 4141.26 of the Revised Code. For 3,275
the purposes of this division, an exception is considered timely 3,276
filed when it has been received as provided in division (I)(2) of 3,277
section 4141.28 of the Revised Code. 3,278
(E) The administrator shall terminate and close the 3,280
account of any contributory employer who has been subject to this 3,281
chapter if the enterprise for which the account was established 3,282
is no longer in operation and it has had no payroll and its 3,283
account has not been chargeable with benefits for a period of 3,284
five consecutive years. The amount of any positive balance, 3,285
computed as provided in division (A)(3) of section 4141.25 of the 3,287
Revised Code, in an account closed and terminated as provided in
this section shall be credited to the mutualized account as 3,288
provided in division (B)(2)(b) of section 4141.25 of the Revised 3,290
Code. The amount of any negative balance, computed as provided
in division (A)(3) of section 4141.25 of the Revised Code, in an 3,292
account closed and terminated as provided in this section shall
be charged to the mutualized account as provided in division 3,293
(B)(1)(b) of section 4141.25 of the Revised Code. The amount of 3,295
any positive balance or negative balance, credited or charged to 3,296
the mutualized account after the termination and closing of an 3,297
employer's account, shall not thereafter be considered in 3,298
determining the contribution rate of such employer. The closing 3,299
of an employer's account as provided in this division shall not 3,300
relieve such employer from liability for any unpaid contributions 3,301
or payment in lieu of contributions which are due for periods 3,302
prior to such closing. 3,303
If the administrator finds that a contributory employer's 3,305
business is closed solely because of the entrance of one or more 3,306
of the owners, officers, or partners, or the majority 3,307
stockholder, into the armed forces of the United States, or any 3,308
of its allies, or of the United Nations after July 1, 1950, such 3,309
employer's account shall not be terminated and if the business is 3,310
80
resumed within two years after the discharge or release of such 3,311
persons from active duty in the armed forces, the employer's 3,312
experience shall be deemed to have been continuous throughout 3,313
such period. The reserve ratio of any such employer shall be the 3,314
total contributions paid by such employer minus all benefits, 3,315
including benefits paid to any individual during the period such 3,316
employer was in the armed forces, based upon wages paid by the 3,317
employer prior to the employer's entrance into the armed forces 3,319
divided by the average of the employer's annual payrolls for the 3,320
three most recent years during the whole of which the employer 3,322
has been in business.
(F) If an employer transfers the employer's business or 3,324
otherwise reorganizes such business, the successor in interest 3,325
shall assume the resources and liabilities of such employer's 3,326
account, and continue the payment of all contributions, or 3,327
payments in lieu of contributions, due under this chapter. If an 3,328
employer acquires substantially all of the assets in a trade or 3,329
business of another employer, or a clearly segregable and 3,330
identifiable portion of an employer's enterprise, and immediately 3,331
after the acquisition employs in the employer's trade or business 3,332
substantially the same individuals who immediately prior to the 3,334
acquisition were employed in the trade or business or in the 3,335
separate unit of such trade or business of such predecessor 3,336
employer, then, upon application to the administrator signed by 3,337
the predecessor employer and the acquiring employer, the employer 3,338
acquiring such enterprise is the successor in interest. In the 3,339
case of a transfer of a portion of an employer's enterprise, only 3,340
that part of the experience with unemployment compensation and 3,341
payrolls that is directly attributable to the segregated and 3,342
identifiable part shall be transferred and used in computing the 3,343
contribution rate of the successor employer on the next 3,344
computation date. The administrator by rule may prescribe 3,345
procedures for effecting transfers of experience as provided for 3,346
in this section.
81
(G) For the purposes of this section, two or more 3,348
employers who are parties to or the subject of a merger, 3,349
consolidation, or other form of reorganization effecting a change 3,350
in legal identity or form are deemed to be a single employer if 3,351
the administrator finds that immediately after such change the 3,352
employing enterprises of the predecessor employers are continued 3,353
solely through a single employer as successor thereto, and 3,354
immediately after such change such successor is owned or 3,355
controlled by substantially the same interests as the predecessor 3,356
employers, and the successor has assumed liability for all 3,357
contributions required of the predecessor employers, and the 3,358
consideration of such two or more employers as a single employer 3,359
for the purposes of this section would not be inequitable. 3,360
(H) No rate of contribution less than two and seven-tenths 3,363
per cent shall be permitted a contributory employer succeeding to 3,364
the experience of another contributory employer pursuant to this 3,365
section for any period subsequent to such succession, except in 3,366
accordance with rules prescribed by the administrator, which 3,367
rules shall be consistent with federal requirements for 3,368
additional credit allowance in section 3303 of the "Internal 3,369
Revenue Code of 1954" and consistent with this chapter, except 3,370
that such rules may establish a computation date for any such 3,371
period different from the computation date generally prescribed 3,372
by this chapter, and may define "calendar year" as meaning a 3,373
twelve consecutive month period ending on the same day of the 3,374
year as that on which such computation date occurs. 3,375
(I) The administrator may prescribe rules for the 3,377
establishment, maintenance, and dissolution of common 3,378
contribution rates for two or more contributory employers, and in 3,379
accordance with such rules and upon application by two or more 3,380
employers shall establish such common rate to be computed by 3,381
merging the several contribution rate factors of such employers 3,382
for the purpose of establishing a common contribution rate 3,383
applicable to all such employers. 3,384
82
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 3,386
Sec. 4141.241. (A)(1) Any nonprofit organization 3,395
described in division (X) of section 4141.01 of the Revised Code, 3,396
which becomes subject to this chapter on or after January 1, 3,397
1972, shall pay contributions under section 4141.25 of the 3,398
Revised Code, unless it elects, in accordance with this division, 3,399
to pay to the administrator of employment services for deposit in 3,400
the unemployment compensation fund an amount in lieu of 3,401
contributions equal to the amount of regular benefits plus one 3,402
half of extended benefits paid from that fund that is 3,403
attributable to service in the employ of the nonprofit 3,404
organization to individuals whose service, during the base period 3,405
of the claims, was within the effective period of such election. 3,406
(2) Any nonprofit organization which becomes subject to 3,408
this chapter after January 1, 1972, may elect to become liable 3,409
for payments in lieu of contributions for a period of not less 3,410
than the remainder of that calendar year and the next calendar 3,411
year, beginning with the date on which such subjectivity begins, 3,412
by filing a written notice of its election with the administrator 3,413
not later than thirty days immediately following the date of the 3,414
determination of such subjectivity. 3,415
(3) Any nonprofit organization which makes an election in 3,417
accordance with this division will continue to be liable for 3,418
payments in lieu of contributions for the period described in 3,419
this division and until it files with the administrator a written 3,420
notice terminating its election. The notice shall be filed not 3,421
later than thirty days prior to the beginning of the calendar 3,422
year for which the termination is to become effective. 3,423
(4) Any nonprofit organization which has been paying 3,425
contributions for a period subsequent to January 1, 1972, may 3,426
change to a reimbursable basis by filing with the administrator, 3,427
not later than thirty days prior to the beginning of any calendar 3,428
year, a written notice of election to become liable for payments 3,429
in lieu of contributions. The election shall not be terminable 3,430
83
by the organization during that calendar year and the next 3,431
calendar year. 3,432
(5) The administrator, in accordance with any rules the 3,434
administrator prescribes, shall notify each nonprofit 3,435
organization of any determination which the administrator may 3,437
make of its status as an employer and of the effective date of 3,439
any election which it makes and of any termination of the 3,440
election. Any determinations shall be subject to 3,441
reconsideration, appeal, and review in accordance with section
4141.26 of the Revised Code. 3,442
(B) Except as provided in division (I) of section 4141.29 3,444
of the Revised Code, benefits based on service with a nonprofit 3,445
organization granted a reimbursing status under this section 3,446
shall be payable in the same amount, on the same terms, and 3,447
subject to the same conditions, as benefits payable on the basis 3,448
of other service subject to this chapter. Payments in lieu of 3,449
contributions shall be made in accordance with this division and 3,450
division (D) of section 4141.24 of the Revised Code. 3,451
(1)(a) At the end of each calendar quarter, or at the end 3,453
of any other period as determined by the administrator under 3,454
division (D)(3)(4) of section 4141.24 of the Revised Code, the 3,455
administrator shall bill each nonprofit organization or group of 3,456
such organizations which has elected to make payments in lieu of 3,457
contributions for an amount equal to the full amount of regular 3,458
benefits plus one half of the amount of extended benefits paid 3,459
during such quarter or other prescribed period which is 3,460
attributable to service in the employ of such organization. 3,461
(b) In the computation of the amount of benefits to be 3,463
charged to employers liable for payments in lieu of 3,464
contributions, all benefits attributable to service described in 3,465
division (B)(1)(a) of this section shall be computed and charged 3,466
to such organization as described in division (D) of section 3,467
4141.24 of the Revised Code, and, except as provided in division 3,468
(D)(2) of section 4141.24 of the Revised Code, no portion of the 3,470
84
amount may be charged to the mutualized account established by 3,471
division (B) of section 4141.25 of the Revised Code. 3,472
(c) The administrator may prescribe regulations under 3,474
which organizations, which have elected to make payments in lieu 3,475
of contributions may request permission to make such payments in 3,476
equal installments throughout the year with an adjustment at the 3,477
end of the year for any excess or shortage of the amount of such 3,478
installment payments compared with the total amount of benefits 3,479
actually charged the organization's account during the year. In 3,480
making any adjustment, where the total installment payments are 3,481
less than the actual benefits charged, the organization shall be 3,482
liable for payment of the unpaid balance in accordance with 3,483
division (B)(2) of this section. If the total installment 3,484
payments exceed the actual benefits charged, all or part of the 3,485
excess may, at the discretion of the administrator, be refunded 3,486
or retained in the fund as part of the payments which may be 3,487
required in the next year. 3,488
(2) Payment of any bill rendered under division (B)(1) of 3,490
this section shall be made not later than thirty days after the 3,491
bill was mailed to the last known address of the organization or 3,492
was otherwise delivered to it, unless there has been an 3,493
application for review and redetermination in accordance with 3,494
division (B)(4) of this section. 3,495
(3) Payments made by an organization under this section 3,497
shall not be deducted or deductible, in whole or in part, from 3,498
the remuneration of individuals in the employ of the 3,499
organization. 3,500
(4) An organization may file an application for review and 3,502
redetermination of the amounts appearing on any bill rendered to 3,503
such organization under division (B)(1) of this section. The 3,504
application shall be filed and determined under division 3,506
(D)(3)(4) of section 4141.24 of the Revised Code. 3,507
(5) Past due payments of amounts in lieu of contributions 3,509
shall be subject to the same interest rates and collection 3,510
85
procedures that apply to past due contributions under sections 3,511
4141.23 and 4141.27 of the Revised Code. In case of failure to 3,512
file a required quarterly report within the time prescribed by 3,513
the administrator, the nonprofit organization shall be subject to 3,514
a forfeiture pursuant to section 4141.20 of the Revised Code for 3,515
each quarterly report that is not timely filed. 3,516
All interest and forfeitures collected under this division 3,518
shall be paid into the unemployment compensation special 3,519
administrative fund as provided in section 4141.11 of the Revised 3,520
Code. 3,521
(6) All payments in lieu of contributions collected under 3,523
this section shall be paid into the unemployment compensation 3,524
fund as provided in section 4141.09 of the Revised Code. Any 3,525
refunds of such payments shall be paid from the unemployment 3,526
compensation fund, as provided in section 4141.09 of the Revised 3,527
Code. 3,528
(C)(1) Any nonprofit organization, or group of such 3,530
organizations approved under division (D) of this section, that 3,532
elects to become liable for payments in lieu of contributions 3,533
shall be required within thirty days after the effective date of 3,534
its election, to execute and file with the administrator a surety 3,535
bond approved by the administrator or it may elect instead to 3,536
deposit with the administrator approved municipal or other bonds, 3,537
or approved securities, or a combination thereof, or other forms 3,538
of collateral security approved by the administrator. 3,539
(2)(a) The amount of the bond or deposit required shall be 3,541
equal to three per cent of the organization's wages paid for 3,542
employment as defined in section 4141.01 of the Revised Code that 3,543
would have been taxable had the organization been a subject 3,544
employer during the four calendar quarters immediately preceding 3,545
the effective date of the election, or the amount established by 3,547
the administrator within the limitation provided in division 3,548
(C)(2)(d) of this section, whichever is the less. The effective 3,549
date of the amount of the bond or other collateral security 3,550
86
required after the employer initially is determined by the
administrator to be liable for payments in lieu of contributions 3,551
shall be the renewal date in the case of a bond or the biennial 3,553
anniversary of the effective date of election in the case of 3,554
deposit of securities or other forms of collateral security 3,555
approved by the administrator, whichever date shall be most 3,556
recent and applicable. If the nonprofit organization did not pay 3,557
wages in each of such four calendar quarters, the amount of the 3,558
bond or deposit shall be as determined by the administrator under 3,559
regulations prescribed for this purpose. 3,560
(b) Any bond or other form of collateral security approved 3,562
by the administrator deposited under this division shall be in 3,563
force for a period of not less than two calendar years and shall 3,564
be renewed with the approval of the administrator, at such times 3,565
as the administrator may prescribe, but not less frequently than 3,566
at two year intervals as long as the organization continues to be 3,567
liable for payments in lieu of contributions. The administrator 3,568
shall require adjustments to be made in a previously filed bond 3,569
or other form of collateral security as the administrator 3,571
considers appropriate. If the bond or other form of collateral 3,572
security is to be increased, the adjusted bond or collateral 3,573
security shall be filed by the organization within thirty days of 3,574
the date that notice of the required adjustment was mailed or 3,575
otherwise delivered to it. Failure by any organization covered 3,576
by such bond or collateral security to pay the full amount of
payments in lieu of contributions when due, together with any 3,577
applicable interest provided for in division (B)(5) of this 3,578
section, shall render the surety liable on the bond or collateral 3,579
security to the extent of the bond or collateral security, as 3,580
though the surety was the organization. 3,581
(c) Any securities accepted in lieu of surety bond by the 3,583
administrator shall be deposited with the treasurer of state who 3,584
shall have custody thereof and retain the same in the treasurer 3,586
of state's possession, or release them, according to conditions
87
prescribed by regulations of the administrator. Income from the 3,588
securities, held in custody by the treasurer of state, shall 3,589
accrue to the benefit of the depositor and shall be distributed 3,590
to the depositor in the absence of any notification from the 3,591
administrator that the depositor is in default on any payment 3,592
owed to the bureau of employment services. The administrator may 3,593
require the sale of any such bonds to the extent necessary to 3,594
satisfy any unpaid payments in lieu of contributions, together 3,595
with any applicable interest or forfeitures provided for in 3,596
division (B)(5) of this section. The administrator shall require 3,597
the employer within thirty days following any sale of deposited 3,598
securities, under this subdivision, to deposit additional 3,599
securities, surety bond or combination of both, to make whole the 3,600
employer's security deposit at the approved level. Any cash 3,601
remaining from the sale of such securities may, at the discretion 3,602
of the administrator, be refunded in whole or in part, or be paid 3,603
into the unemployment compensation fund to cover future payments 3,604
required of the organization. 3,605
(d) The required bond or deposit for any nonprofit 3,607
organization, or group of such organizations approved by the 3,608
administrator under division (D) of this section, that is 3,609
determined by the administrator to be liable for payments in lieu 3,610
of contributions effective beginning on and after January 1,
1996, but prior to January 1, 1998, and the required bond or 3,611
deposit for any renewed elections under division (C)(2)(b) of 3,612
this section effective during that period shall not exceed one 3,613
million two hundred fifty thousand dollars. The required bond or 3,614
deposit for any nonprofit organization, or group of such
organizations approved by the administrator under division (D) of 3,615
this section, that is determined to be liable for payments in 3,616
lieu of contributions effective on and after January 1, 1998, and 3,617
the required bond or deposit for any renewed elections effective 3,618
on and after January 1, 1998, shall not exceed two million 3,619
dollars.
88
(3) If any nonprofit organization fails to file a bond or 3,621
make a deposit, or to file a bond in an increased amount or to 3,622
make whole the amount of a previously made deposit, as provided 3,623
under this division, the administrator may terminate the 3,624
organization's election to make payments in lieu of contributions 3,625
effective for the quarter following such failure and the 3,626
termination shall continue for not less than the remainder of 3,627
that calendar year and the next calendar year, beginning with the 3,628
quarter in which the termination becomes effective; except that 3,629
the administrator may extend for good cause the applicable 3,630
filing, deposit or adjustment period by not more than thirty 3,631
days. 3,632
(D)(1) Two or more nonprofit organizations that have 3,634
become liable for payments in lieu of contributions, in 3,635
accordance with division (A) of this section, may file a joint 3,636
application to the administrator for the establishment of the 3,637
group account for the purpose of sharing the cost of benefits 3,638
paid that are attributable to service in the employ of those 3,639
employers. Notwithstanding division (E) of section 4141.242 of 3,640
the Revised Code, hospitals operated by this state or a political 3,641
subdivision may participate in a group account with nonprofit 3,642
organizations under the procedures set forth in this section. 3,643
Each application shall identify and authorize a group 3,644
representative to act as the group's agent for the purposes of 3,645
this division. 3,646
(2) Upon the administrator's approval of the application, 3,648
the administrator shall establish a group account for the 3,649
employers effective as of the beginning of the calendar quarter 3,650
in which the administrator receives the application and shall 3,651
notify the group's representative of the effective date of the 3,652
account. The account shall remain in effect for not less than 3,653
two years and thereafter until terminated by the administrator or 3,654
upon application by the group. 3,655
(3) Upon establishment of the account, each member of the 3,657
89
group shall be liable, in the event that the group representative 3,658
fails to pay any bill issued to it pursuant to division (B) of 3,659
this section, for payments in lieu of contributions with respect 3,660
to each calendar quarter in the amount that bears the same ratio 3,661
to the total benefits paid in the quarter that are attributable 3,662
to service performed in the employ of all members of the group as 3,663
the total wages paid for service in employment by the member in 3,664
the quarter bear to the total wages paid during the quarter for 3,665
service performed in the employ of all members of the group. 3,666
(4) The administrator shall adopt regulations as 3,668
considered necessary with respect to the following: applications 3,669
for establishment, bonding, maintenance, and termination of group 3,670
accounts that are authorized by this section; addition of new 3,671
members to and withdrawal of active members from such accounts; 3,672
and the determination of the amounts that are payable under this 3,673
division by the group representative and in the event of default 3,674
in payment by the group representative, members of the group, and 3,675
the time and manner of payments. 3,676
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 3,678
Sec. 4141.28. (A) Applications for determination of 3,687
benefit rights and claims for benefits shall be filed with a 3,688
deputy of the administrator of the bureau of employment services 3,689
designated for the purpose. Such applications and claims may 3,690
also be filed with an employee of another state or federal agency 3,691
charged with the duty of accepting applications and claims for 3,692
unemployment benefits or with an employee of the unemployment 3,693
insurance commission of Canada. 3,694
When a former employee of a state agency, board, or 3,696
commission that has terminated its operations files an 3,697
application under this division, the former employee shall give 3,698
notice that the agency, board, or commission has terminated its 3,699
operations. All notices or information required to be sent under 3,700
this chapter to or furnished by the applicant's employer shall be 3,701
sent to or furnished by the director of administrative services. 3,702
90
(B)(1) When an unemployed individual files an application 3,704
for determination of benefit rights, the administrator shall 3,705
furnish the individual with the information specified in division 3,707
(A) of section 4141.321 of the Revised Code and with a pamphlet 3,708
giving instructions for the steps an applicant may take if the 3,709
applicant's claim for benefits is disallowed. The pamphlet 3,711
INSTRUCTIONS shall state the applicant's right of appeal, clearly 3,713
describe the different levels of appeal, and explain where and 3,714
when each appeal must be filed. In filing an application, the 3,715
individual shall, for the individual's most recent employment, 3,716
furnish the administrator with either:
(a) The information furnished by the employer as provided 3,718
for in division (B)(2) of this section; 3,719
(b) The name and address of the employer for whom the 3,721
individual performed services and the individual's written 3,722
statement of the reason for separation from the employer. 3,723
Where the claimant has furnished information in accordance 3,725
with division (B)(1)(b) of this section, the administrator shall 3,727
promptly send a notice in writing that such filing has been made 3,728
to the individual's most recent separating employer, which notice 3,729
shall request from the employer the reason for the individual's 3,730
unemployment, EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN 3,731
DIVISION (B)(5) OF THIS SECTION. The administrator also may 3,734
request from any base period employer information necessary for
the determination of the claimant's rights to benefits. 3,736
Information as to the reason for unemployment preceding an 3,737
additional claim shall be obtained in the same manner. Requests 3,738
REQUESTS for such information shall be dated by the 3,741
administrator with the date on which they are mailed. If the 3,742
employer fails to mail or deliver such information within ten 3,743
working days from the date the administrator mailed and dated 3,744
such request, and if necessary to assure prompt payment of 3,746
benefits when due, the administrator shall make the 3,747
determination, and shall base the determination on such 3,748
91
information as is available to the administrator, which shall 3,749
include the claimant's statement made under division (B)(1)(b) of 3,751
this section. The
THE determination, as it relates to the claimant's 3,754
determination of benefit rights, shall be amended upon receipt of 3,755
correct remuneration information at any time within the benefit 3,756
year and any benefits paid and charged to an employer's account 3,757
prior to the receipt of such information shall be adjusted, 3,758
effective as of the beginning of the claimant's benefit year. 3,759
(2) An employer who separates within any seven-day period 3,761
fifty or more individuals because of lack of work, and these 3,762
individuals upon separation will be unemployed as defined in 3,763
division (R) of section 4141.01 of the Revised Code, shall 3,764
furnish notice to the administrator of the dates of separation 3,765
and the approximate number of individuals being separated. The 3,766
notice shall be furnished at least three working days prior to 3,767
the date of the first day of such separations. In addition, at 3,768
the time of separation the employer shall furnish to the 3,769
individual being separated or to the administrator separation 3,770
information necessary to determine the individual's eligibility, 3,771
on forms and in a manner approved by the administrator. 3,772
An employer who operates multiple business establishments 3,774
at which both the effective authority for hiring and separation 3,775
of employees and payroll information is located and who, because 3,776
of lack of work, separates a total of fifty or more individuals 3,777
at two or more business establishments is exempt from the first 3,778
paragraph of division (B)(2) of this section. This paragraph 3,779
shall not be construed to relieve an employer who operates 3,780
multiple business establishments from complying with division 3,781
(B)(2) of this section where the employer separates fifty or more 3,782
individuals at any business establishment within a seven-day 3,783
period. 3,784
An employer of individuals engaged in connection with the 3,786
commercial canning or commercial freezing of fruits and 3,787
92
vegetables is exempt from the provision of division (B)(2) of 3,788
this section that requires an employer to furnish notice of 3,789
separation at least three working days prior to the date of the 3,790
first day of such separations. 3,791
(3) Where an individual at the time of filing an 3,793
application for determination of benefit rights furnishes 3,794
separation information provided by the employer or where the 3,795
employer has provided the administrator with the information in 3,796
accordance with division (B)(2) of this section, the 3,797
administrator shall make a determination of eligibility on the 3,798
basis of the information furnished. The administrator shall 3,799
promptly notify all interested parties under division (D)(1) of 3,800
this section of the determination. 3,801
(4) Where an employer has furnished separation information 3,803
under division (B)(2) of this section which is insufficient to 3,804
enable the administrator to make a determination of a claim for 3,805
benefits of an individual, or where the individual fails at the 3,806
time of filing an application for determination of benefit rights 3,807
to produce the separation information furnished by an employer, 3,808
the administrator shall follow the provisions specified in 3,809
division (B)(1) of this section. 3,810
(5) THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED 3,812
UNDER DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS 3,813
TRUE WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR 3,814
DETERMINATION OF BENEFIT RIGHTS: 3,815
(a) THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A 3,817
PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE 3,818
DISQUALIFIED FROM RECEIVING BENEFITS; 3,819
(b) THE INDIVIDUAL'S EMPLOYER INDICATES TO THE 3,821
ADMINISTRATOR THAT THE NOTICE IS NOT NEEDED; 3,822
(c) THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE 3,824
INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK, 3,825
THE ADMINISTRATOR RECEIVED INFORMATION REGARDING THE SEPARATIONS 3,827
PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND THE REASON FOR 3,828
93
THE SEPARATION IS NOT DISPUTED.
(C) The administrator shall promptly examine any 3,831
application for determination of benefit rights filed, and on the
basis of any facts found by the administrator shall determine 3,832
whether or not the application is valid, and if valid, the date 3,834
on which the benefit year shall commence and the weekly benefit
amount. The claimant, the most recent employer, and any other 3,835
employer in the claimant's base period shall promptly be notified 3,837
of the determination and the reasons therefor. In addition, the 3,838
determination issued to the claimant shall include the total 3,839
amount of benefits payable, and the determination issued to each 3,840
chargeable base period employer shall include the total amount of 3,841
benefits which may be charged to the employer's account. 3,842
(D)(1) The administrator shall examine the first claim for 3,845
benefits filed in any benefit year, and any additional claim, and 3,846
on the basis of any facts found by the administrator shall 3,847
determine whether division (D) of section 4141.29 of the Revised 3,848
Code is applicable to the claimant's most recent separation and, 3,849
to the extent necessary, prior separations from work, and whether 3,850
the separation reason is qualifying or disqualifying for the 3,851
ensuing period of unemployment. Notice of such determination 3,852
shall be mailed to the claimant, the claimant's most recent 3,853
separating employer, and any other employer involved in the 3,854
determination.
(a) Whenever the administrator has reason to believe that 3,856
the unemployment of twenty-five or more individuals relates to a 3,857
labor dispute, the administrator, within five calendar days after 3,859
their claims are filed, shall schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to 3,860
all interested parties, including the duly authorized 3,861
representative of the parties, as provided in division (D)(1) of 3,862
this section. The hearing date shall be scheduled so as to 3,863
provide at least ten days' prior notice of the time and date of 3,864
the hearing. A similar hearing, in such cases, may be scheduled 3,865
94
when there is a dispute as to the duration or ending date of the 3,866
labor dispute. 3,867
(b) The administrator shall appoint a hearing officer to 3,869
conduct the hearing of the case under division (D)(1)(a) of this 3,870
section. The hearing officer is not bound by common law or 3,871
statutory rules of evidence or by technical or formal rules of 3,872
procedure, but shall take any steps that are reasonable and 3,873
necessary to obtain the facts and determine whether the claimants 3,874
are entitled to benefits under the law. The failure of any 3,875
interested party to appear at the hearing shall not preclude a 3,876
decision based upon all the facts available to the hearing 3,877
officer. The proceeding at the hearing shall be recorded by 3,878
mechanical means or by other means prescribed by the 3,879
administrator. The record need not be transcribed unless an 3,880
application for appeal is filed on the decision and the 3,881
chairperson of the unemployment compensation review commission 3,883
requests a transcript of the hearing within fourteen days after 3,884
the application for appeal is received by the commission. The 3,885
administrator shall prescribe rules concerning the conduct of the 3,887
hearings and all related matters and appoint an attorney to 3,888
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 3,890
decisions and reasons therefor on the case within ten calendar 3,891
days after the hearing. The hearing officer's decision issued by 3,892
the administrator is final unless an application for appeal is 3,893
filed with the review commission within twenty-one days after the 3,895
decision was mailed to all interested parties. The 3,896
administrator, within the twenty-one-day appeal period, may 3,897
remove and vacate the decision and issue a revised determination 3,899
and appeal date.
(d) Upon receipt of the application for appeal, the full 3,901
review commission shall review the administrator's decision and 3,903
either schedule a further hearing on the case or disallow the 3,904
application. The review commission shall review the 3,905
95
administrator's decision within fourteen days after receipt of 3,906
the decision or the receipt of a transcript requested under 3,907
division (D)(1)(b) of this section, whichever is later. 3,908
(i) When a further hearing is granted, the commission 3,910
shall make the administrator's decision and record of the case, 3,912
as certified by the administrator, a part of the record and shall 3,913
consider the administrator's decision and record in arriving at a 3,914
decision on the case. The commission's decision affirming, 3,916
modifying, or reversing the administrator's decision, following 3,917
the further appeal, shall be mailed to all interested parties 3,918
within fourteen days after the hearing. 3,919
(ii) A decision of the disallowance of a further appeal 3,921
shall be mailed to all interested parties within fourteen days 3,922
after the commission makes the decision to disallow. The 3,923
disallowance is deemed an affirmation of the administrator's 3,925
decision.
(iii) The time limits specified in divisions (D)(1)(a), 3,927
(b), (c), and (d) of this section may be extended by agreement of 3,928
all interested parties or for cause beyond the control of the 3,929
administrator or the commission. 3,930
(e) An appeal of the commission's decision issued under 3,932
division (D)(1)(d) of this section may be taken to the court of 3,933
common pleas as provided in division (O) of this section. 3,934
(f) A labor dispute decision involving fewer than 3,936
twenty-five individuals shall be determined under division (D)(1) 3,937
of this section and the review commission shall determine any 3,939
appeal from the decision pursuant to division (M) of this section 3,940
and within the time limits provided in division (D)(1)(d) of this 3,941
section. 3,942
(2) The determination of a first or additional claim, 3,944
including the reasons therefor, shall be mailed to the claimant, 3,945
the claimant's most recent separating employer, and any other 3,946
employer involved in the determination. 3,947
When the determination of a continued claim results in a 3,950
96
disallowed claim, the administrator shall notify the claimant of 3,951
such disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable 3,953
to unemployment caused by a major disaster, as declared by the 3,954
president of the United States pursuant to the "Disaster Relief 3,955
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 3,956
filing the claim would otherwise have been eligible for disaster 3,957
unemployment assistance under that act, then upon application by 3,958
the employer any benefits paid on the claim shall not be charged 3,959
to the account of the employer who would have been charged on 3,960
such claim but instead shall be charged to the mutualized account 3,961
described in section 4141.25 of the Revised Code, provided that 3,962
this division is not applicable to an employer electing 3,963
reimbursing status under section 4141.241 of the Revised Code, 3,964
except reimbursing employers for whom benefit charges are charged 3,965
to the mutualized account pursuant to division (D)(2) of section 3,967
4141.24 of the Revised Code. 3,968
(4)(a) An individual filing a new claim for unemployment 3,970
compensation shall disclose, at the time of filing, whether or 3,971
not the individual owes child support obligations. In such a 3,972
case, the administrator shall notify the state or local child 3,973
support enforcement agency enforcing the obligation only if the 3,974
claimant has been determined to be eligible for unemployment 3,975
compensation. 3,976
(b) The administrator shall deduct and withhold from 3,978
unemployment compensation payable to an individual who owes child 3,979
support obligations: 3,980
(i) Any amount required to be deducted and withheld from 3,982
the unemployment compensation pursuant to legal process, as that 3,983
term is defined in section 459(i)(5) of the "Social Security 3,984
Act," as amended by the "Personal Responsibility and Work 3,985
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 3,986
U.S.C. 659, and properly served upon the administrator, as 3,987
described in division (D)(4)(c) of this section; or 3,988
97
(ii) Where division (D)(4)(b)(i) of this section is 3,990
inapplicable, in the amount determined pursuant to an agreement 3,991
submitted to the administrator under section 454(19)(B)(i) of the 3,993
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
by the state or local child support enforcement agency; or 3,994
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 3,996
section is applicable, then in the amount specified by the 3,997
individual. 3,998
(c) The administrator shall receive all legal process 4,001
described in division (D)(4)(b)(i) of this section from each 4,002
local child support enforcement agency, which legal process was 4,003
issued by the agency under section 2301.371 of the Revised Code 4,004
or otherwise was issued by the agency. The processing of cases 4,005
under part D of Title IV of the "Social Security Act," 88 Stat. 4,006
2351 (1975), 42 U.S.C.A. 651, as amended, shall be determined 4,007
pursuant to agreement between the administrator and the state 4,008
department of human services. The department shall pay, pursuant 4,009
to that agreement, all of the costs of the bureau of employment 4,010
services that are associated with a deduction and withholding 4,011
under division (D)(4)(b)(i) and (ii) of this section. 4,012
(d) The amount of unemployment compensation subject to 4,014
being withheld pursuant to division (D)(4)(b) of this section is 4,015
that amount which remains payable to the individual after 4,016
application of any recoupment provisions for recovery of 4,017
overpayments and after deductions which have been made under this 4,018
chapter for deductible income received by the individual. 4,019
Effective for applications to establish unemployment compensation 4,020
benefit rights filed after December 27, 1997, the amount withheld 4,021
with respect to a week of unemployment benefits shall not exceed 4,022
fifty per cent of the individual's weekly benefit amount as 4,023
determined by the administrator.
(e) Any amount deducted and withheld under division 4,025
(D)(4)(b) of this section shall be paid to the appropriate state 4,026
or local child support enforcement agency in the following 4,027
98
manner: 4,028
(i) The administrator shall determine the amounts that are 4,030
to be deducted and withheld on a per county basis. 4,031
(ii) For each county, the administrator shall forward to 4,033
the local child support enforcement agency of the county, at 4,034
intervals to be determined pursuant to the agreement referred to 4,035
in division (D)(4)(c) of this section, the amount determined for 4,036
that county under division (D)(4)(e)(i) of this section for 4,037
disbursement to the obligees or assignees of such support 4,038
obligations. 4,039
(f) Any amount deducted and withheld under division 4,041
(D)(4)(b) of this section shall for all purposes be treated as if 4,042
it were paid to the individual as unemployment compensation and 4,043
paid by the individual to the state or local child support agency 4,044
in satisfaction of the individual's child support obligations. 4,045
(g) Division (D)(4) of this section applies only if 4,047
appropriate arrangements have been made for reimbursement by the 4,048
state or local child support enforcement agency for the 4,049
administrative costs incurred by the administrator under this 4,050
section which are associated with or attributable to child 4,051
support obligations being enforced by the state or local child 4,052
support enforcement agency. 4,053
(h) As used in division (D)(4) of this section: 4,055
(i) "Child support obligations" means only obligations 4,057
which are being enforced pursuant to a plan described in section 4,058
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 4,059
as amended, which has been approved by the United States 4,060
secretary of health and human services under part D of Title IV 4,061
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 4,062
amended. 4,063
(ii) "State child support enforcement agency" means the 4,065
department of human services, bureau of child support, designated 4,066
as the single state agency for the administration of the program 4,067
of child support enforcement pursuant to part D of Title IV of 4,068
99
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 4,069
amended. 4,070
(iii) "Local child support enforcement agency" means a 4,072
child support enforcement agency or any other agency of a 4,073
political subdivision of the state operating pursuant to a plan 4,074
mentioned in division (D)(4)(h)(i) of this section. 4,075
(iv) "Unemployment compensation" means any compensation 4,077
payable under this chapter including amounts payable by the 4,078
administrator pursuant to an agreement under any federal law 4,079
providing for compensation, assistance, or allowances with 4,080
respect to unemployment. 4,081
(E)(1) Any base period or subsequent employer of a 4,083
claimant who has knowledge of specific facts affecting such 4,084
claimant's right to receive benefits for any week may notify the 4,085
administrator in writing of such facts. The administrator shall 4,086
prescribe a form to be used for such eligibility notice, but 4,087
failure to use the prescribed form shall not preclude the 4,088
administrator's examination of any notice. 4,089
(2) An eligibility notice is timely filed if received by 4,091
the administrator or postmarked prior to or within forty-five 4,093
calendar days after the end of the week with respect to which a 4,094
claim for benefits is filed by the claimant. An employer who 4,095
does not timely file an eligibility notice shall not be an 4,096
interested party with respect to the claim for benefits which is 4,097
the subject of the notice.
(3) The administrator shall consider the information 4,100
contained in the eligibility notice, together with other facts 4,101
found by the administrator and, after giving notice to the 4,102
claimant, shall determine, unless a prior determination on the 4,103
same eligibility issue has become final, whether such claim shall 4,104
be allowed or disallowed, and shall mail notice of such 4,106
determination to the notifying employer who timely filed the 4,107
eligibility notice, to the claimant, and to other interested 4,108
parties. If the determination disallows benefits for any week in 4,109
100
question, the payment of benefits with respect to that week shall 4,111
be withheld pending further appeal, or an overpayment order shall 4,112
be issued by the administrator as prescribed in section 4141.35 4,113
of the Revised Code, if applicable. 4,114
(F) In making determinations, the administrator shall 4,117
follow decisions of the unemployment compensation review 4,118
commission which have become final with respect to claimants 4,119
similarly situated.
(G)(1) Until October 1, 1998, any interested party 4,122
notified of a determination of an application for determination 4,123
of benefit rights or a claim for benefits may, within twenty-one 4,124
calendar days after the notice was mailed to the party's last 4,125
known post-office address, apply in writing for a reconsideration 4,126
of the administrator's determination. 4,127
On and after October 1, 1998, any ANY party notified of a 4,130
determination may appeal within twenty-one calendar days after 4,131
notice was mailed to the party's last known post-office address 4,132
or within an extended period pursuant to division (Q)(P) of this 4,134
section. Upon receipt of the appeal, the administrator either 4,135
shall issue a redetermination within twenty-one days of receipt 4,136
or transfer the appeal to the commission, which shall acquire 4,137
jurisdiction over the appeal. If the administrator issues a 4,138
redetermination, the redetermination shall void the prior 4,139
determination. A redetermination under this section is
appealable to the same extent that a determination is appealable. 4,141
(2) If the administrator finds within the benefit year 4,144
that the determination was erroneous due to an error in an
employer's report other than a report to correct remuneration 4,146
information as provided in division (B) of this section or any 4,147
typographical or clerical error in the administrator's 4,148
determination, the administrator shall issue a corrected 4,150
determination to all interested parties, which determination 4,151
shall take precedence over and void the prior determination of 4,152
the administrator, provided no appeal has been filed with the 4,153
101
commission.
(3) If benefits are allowed by the administrator in a 4,156
determination, or in a decision by a hearing officer, the review 4,157
commission, or a court, the benefits shall be paid promptly, 4,158
notwithstanding any further appeal, provided that if benefits are 4,159
denied on appeal, of which the parties have notice and an 4,160
opportunity to be heard, the payment of benefits shall be 4,162
withheld pending a decision on any further appeal. 4,163
(4) Any benefits paid to a claimant under this section 4,165
prior to a final determination of the claimant's right to the 4,166
benefits shall be charged to the employer's account as provided 4,168
in division (D) of section 4141.24 of the Revised Code, provided 4,169
that if there is no final determination of the claim by the 4,170
subsequent thirtieth day of June, the employer's account will be 4,171
credited with the total amount of benefits which has been paid 4,172
prior to that date, based on the determination which has not 4,173
become final. The total amount credited to the employer's 4,174
account shall be charged to a suspense account which shall be 4,175
maintained as a separate bookkeeping account and administered as 4,176
a part of section 4141.24 of the Revised Code, and shall not be 4,177
used in determining the account balance of the employer for the 4,178
purpose of computing the employer's contribution rate under 4,179
section 4141.25 of the Revised Code. If it is finally determined 4,180
that the claimant is entitled to all or a part of the benefits in 4,181
dispute, the suspense account shall be credited and the 4,182
appropriate employer's account charged with the benefits. If it 4,183
is finally determined that the claimant is not entitled to all or 4,184
any portion of the benefits in dispute, the benefits shall be 4,185
credited to the suspense account and a corresponding charge made 4,186
to the mutualized account established in division (B) of section 4,187
4141.25 of the Revised Code, provided that, except as otherwise 4,189
provided in this division, if benefits are chargeable to an 4,190
employer or group of employers who is required or elects to make 4,191
payments to the fund in lieu of contributions under section 4,192
102
4141.241 of the Revised Code, the benefits shall be charged to 4,193
the employer's account in the manner provided in division (D) of 4,194
section 4141.24 and division (B) of section 4141.241 of the 4,195
Revised Code, and no part of the benefits may be charged to the 4,196
suspense account provided in this division. To the extent that 4,197
benefits which have been paid to a claimant and charged to the 4,198
employer's account are found not to be due the claimant and are 4,199
recovered by the administrator as provided in section 4141.35 of 4,200
the Revised Code, they shall be credited to the employer's 4,201
account.
(H) Until October 1, 1998, any interested party may appeal 4,204
the administrator's decision on reconsideration to the commission 4,205
and unless an appeal is filed from such decision on 4,207
reconsideration with the commission within twenty-one calendar 4,209
days after such decision was mailed to the last known post-office 4,210
address of the appellant, or within an extended period pursuant 4,211
to division (Q) of this section, such decision on reconsideration 4,212
is final and benefits shall be paid or denied in accordance 4,213
therewith. The date of the mailing provided by the administrator 4,214
on determination or decision on reconsideration is sufficient 4,215
evidence upon which to conclude that the determination or 4,216
decision on reconsideration was mailed on that date. 4,217
On and after October 1, 1998, the THE date of the mailing 4,220
provided by the administrator on the A determination or 4,221
redetermination is sufficient evidence upon which to conclude 4,223
that the determination or redetermination was mailed on that
date. 4,224
(I) Appeals may be filed with the administrator, 4,227
commission, with an employee of another state or federal agency 4,229
charged with the duty of accepting claims, or with the 4,230
unemployment insurance commission of Canada. 4,231
(1) Any timely written notice that the interested party 4,234
desires to appeal shall be accepted.
(2) The administrator, commission, or authorized agent 4,236
103
must receive the appeal within the specified appeal period in 4,238
order for the appeal to be deemed timely filed, except that: 4,239
(a) If the United States postal service is used as the 4,241
means of delivery, the enclosing envelope must have a postmark 4,242
date, as governed by United States postal regulations, that is on 4,243
or before the last day of the specified appeal period; and 4,244
(b) Where the postmark date is illegible or missing, the 4,246
appeal is timely filed if received no later than the end of the 4,248
third calendar day following the last day of the specified appeal 4,249
period.
(3) The administrator may adopt rules pertaining to 4,251
alternate methods of filing appeals. 4,252
(J) When an appeal from a determination of the 4,256
administrator is taken to the commission at the hearing officer 4,257
level, all interested parties shall be notified, and the 4,259
commission, after affording such parties reasonable opportunity 4,261
for a fair hearing, shall affirm, modify, or reverse the 4,262
determination of the administrator in the manner that appears 4,264
just and proper. However, the commission may refer a case to the
administrator for a redetermination if the commission decides 4,265
that the case does not require a hearing. In the conduct of a 4,266
hearing by a hearing officer or any other hearing on appeal to 4,269
the commission which is provided in this section, the hearing 4,270
officers are not bound by common law or statutory rules of 4,273
evidence or by technical or formal rules of procedure. The
hearing officers shall take any steps in the hearings, consistent 4,277
with the impartial discharge of their duties, which appear 4,278
reasonable and necessary to ascertain the facts and determine 4,279
whether the claimant is entitled to benefits under the law. The 4,280
hearings shall be de novo, except that the administrator's file 4,282
pertaining to a case shall be included in the record to be 4,283
considered.
The hearing officers may conduct any such hearing in person 4,287
or by telephone. The commission shall adopt rules which 4,289
104
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 4,292
opportunity to object to a hearing by telephone, and govern the 4,293
conduct of hearings by telephone. An interested party whose 4,294
hearing would be by telephone pursuant to the commission rules 4,295
may elect to have an in-person hearing, provided that the party 4,296
electing the in-person hearing agrees to have the hearing at the 4,297
time and place the commission determines pursuant to rule. 4,298
(1) The failure of the claimant or other interested party 4,300
to appear at a hearing, unless the claimant or interested party 4,301
is the appealing party, shall not preclude a decision in the 4,303
claimant's or interested party's favor, if on the basis of all 4,304
the information in the record, including that contained in the 4,305
file of the administrator, the claimant or interested party is 4,306
entitled to the decision. 4,307
(2) If the party appealing fails to appear at the hearing, 4,309
the hearing officer shall dismiss the appeal, provided that the 4,313
hearing officer or commission shall vacate the dismissal upon a 4,315
showing that due notice of the hearing was not mailed to such 4,316
party's last known address or good cause for the failure to 4,317
appear is shown to the commission within fourteen days after the 4,320
hearing date. No further appeal from the decision may thereafter 4,321
be instituted by such party. If the other party fails to appear 4,322
at the hearing, the hearing officer shall proceed with the 4,325
hearing and shall issue a decision based on the evidence of 4,326
record, including the administrator's file. The commission shall 4,328
vacate the decision upon a showing that due notice of the hearing 4,330
was not mailed to such party's last known address or good cause 4,331
for such party's failure to appear is shown to the commission 4,333
within fourteen days after the hearing date. 4,334
(3) Where a party requests that a hearing be scheduled in 4,336
the evening because the party is employed during the day, the 4,337
commission shall schedule the hearing during such hours as the 4,340
party is not employed. 4,341
105
(4) The interested parties may waive, in writing, the 4,344
hearing. If the parties waive the hearing, the hearing officer 4,345
shall issue a decision based on the evidence of record, including 4,346
the administrator's file. 4,347
(K) The proceedings at the hearing before the hearing 4,349
officer, shall be recorded by mechanical means or otherwise as 4,352
may be prescribed by the commission. In the absence of further 4,353
proceedings, the record that is made need not be transcribed. 4,355
(L) All interested parties shall be notified of the 4,357
hearing officer's decision, which shall include the reasons 4,359
therefor. The hearing officer's decision shall become final 4,360
unless, within twenty-one days after the decision was mailed to 4,361
the last known post-office address of such parties, or within an 4,362
extended period pursuant to division (Q)(P) of this section, the 4,363
commission on its own motion removes or transfers such claim to 4,365
the review level, or upon a request for review that is filed by 4,367
an interested party and is allowed by the commission. 4,369
(M) In the conduct of a hearing by the commission or a 4,372
hearing officer at the review level, the commission and the 4,373
hearing officers are not bound by common law or statutory rules 4,374
of evidence or by technical or formal rules of procedure. The 4,375
commission and the hearing officers shall take any steps in the 4,376
hearings, consistent with the impartial discharge of their 4,377
duties, that appear reasonable and necessary to ascertain the 4,378
facts and determine whether the claimant is entitled to benefits
under the law. 4,379
(1) The review commission, or a hearing officer designated 4,382
by the commission, shall consider an appeal at the review level 4,383
under the following circumstances:
(a) When an appeal is required to be heard initially by 4,386
the commission pursuant to this chapter; 4,387
(b) When the commission on its own motion removes an 4,390
appeal within twenty-one days after a hearing officer issues the 4,391
hearing officer's decision in the case; 4,392
106
(c) When a hearing officer refers an appeal to the 4,395
commission within twenty-one days after the hearing officer 4,396
issues the hearing officer's decision in the case; 4,397
(d) When an interested party files a request for review 4,400
with the commission within twenty-one days after the date a 4,401
hearing officer issues the hearing officer's decision in the 4,402
case. The commission shall disallow the request for review if it 4,403
is not timely filed.
The commission may remove, and a hearing officer may refer, 4,406
appeals involving decisions of potentially precedential value. 4,407
(2) If a request for review is timely filed, the 4,409
commission shall decide whether to allow or disallow the request 4,411
for review.
If the request for review is disallowed, the commission 4,413
shall notify all interested parties of that fact. The 4,414
disallowance of a request for review constitutes a final decision 4,416
by the commission for purposes of appeal to court. If the 4,417
request for review is allowed, the commission shall notify all 4,418
interested parties of that fact, and the commission shall provide 4,419
a reasonable period of time, as the commission defines by rule, 4,420
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 4,421
shall do one of the following at the review level: 4,422
(a) Affirm the decision of the hearing officer; 4,425
(b) Order that the case be heard or reheard by a hearing 4,428
officer;
(c) Order that the case be heard or reheard by a hearing 4,431
officer as a potential precedential decision; 4,432
(d) Order that the decision be rewritten. 4,435
(3) The commission shall send notice to all interested 4,437
parties when it orders a case to be heard or reheard. The notice 4,439
shall include the reasons for the hearing or rehearing. If the 4,440
commission identifies an appeal as a potentially precedential 4,441
case, the commission shall notify the administrator and other 4,442
107
interested parties of the special nature of the hearing. 4,443
(N) Whenever the administrator and the chairperson of the 4,445
review commission determine in writing and certify jointly that a 4,447
controversy exists with respect to the proper application of this 4,448
chapter to more than five hundred claimants similarly situated 4,449
whose claims are pending before the administrator or the review 4,451
commission or both on redetermination or appeal applied for or 4,452
filed by three or more employers or by such claimants, the 4,454
chairperson of the review commission shall select one such claim 4,456
which is representative of all such claims and assign it for a 4,458
fair hearing and decision. Any other claimant or employer in the 4,459
group who makes a timely request to participate in the hearing 4,460
and decision shall be given a reasonable opportunity to 4,461
participate as a party to the proceeding. 4,462
Such joint certification by the administrator and the 4,464
chairperson of the commission shall constitute a stay of further 4,466
proceedings in the claims of all claimants similarly situated 4,467
until the issue or issues in controversy are adjudicated by the 4,468
supreme court of Ohio. At the time the decision of the 4,469
commission is issued, the chairperson shall certify the 4,471
commission's decision directly to the supreme court of Ohio and 4,474
the chairperson shall file with the clerk of the supreme court a 4,476
certified copy of the transcript of the proceedings before the 4,477
commission pertaining to such decision. Hearings on such issues 4,479
shall take precedence over all other civil cases. If upon 4,480
hearing and consideration of such record the court decides that 4,481
the decision of the commission is unlawful, the court shall 4,483
reverse and vacate the decision or modify it and enter final 4,484
judgment in accordance with such modification; otherwise such 4,485
court shall affirm such decision. The notice of the decision of 4,486
the commission to the interested parties shall contain a 4,488
certification by the chairperson of the commission that the 4,489
decision is of great public interest and that a certified 4,491
transcript of the record of the proceedings before the commission 4,492
108
has been filed with the clerk of the supreme court as an appeal 4,494
to the court. Promptly upon the final judgment of the court, the 4,495
administrator and the commission shall decide those claims 4,496
pending before them where the facts are similar and shall notify 4,498
all interested parties of such decision and the reason therefor 4,499
in the manner provided for in this section. Nothing in this 4,500
division shall be construed so as to deny the right of any such 4,501
claimant, whose claim is pending before the administrator on 4,502
redetermination or before the commission, to apply for and be 4,505
granted an opportunity for a fair hearing to show that the facts 4,506
in the claimant's case are different from the facts in the claim 4,507
selected as the representative claim as provided in this 4,508
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 4,509
is made as a result of the decision of the court in the 4,511
representative case.
(O)(1) Any interested party as defined in division (I) of 4,513
section 4141.01 of the Revised Code, within thirty days after 4,514
notice of the decision of the commission was mailed to the last 4,516
known post-office address of all interested parties, may appeal 4,517
from the decision of the commission to the court of common pleas 4,519
of the county where the appellant, if an employee, is resident or 4,520
was last employed or of the county where the appellant, if an 4,521
employer, is resident or has the principal place of business in 4,522
this state. The commission shall provide on its decision the 4,524
names and addresses of all interested parties. Such appeal shall 4,525
be taken within such thirty days by the appellant by filing a 4,526
notice of appeal with the clerk of the court of common pleas. 4,527
Such filing shall be the only act required to perfect the appeal 4,528
and vest jurisdiction in the court. Failure of an appellant to 4,529
take any step other than timely filing of a notice of appeal does 4,530
not affect the validity of the appeal, but is grounds only for 4,531
such action as the court deems appropriate, which may include 4,532
dismissal of the appeal. Such notice of appeal shall set forth 4,533
109
the decision appealed from. The appellant shall mail a copy of 4,534
the notice of appeal to the commission and to all interested 4,536
parties by certified mail to their last known post-office 4,537
address, and proof of the mailing of the notice shall be filed 4,538
with the clerk within thirty days of filing the notice of appeal. 4,539
All interested parties shall be made appellees. The commission 4,541
upon receipt of the notice of appeal shall within thirty days 4,542
file with the clerk a certified transcript of the record of the 4,543
proceedings before the commission pertaining to the decision 4,545
complained of, and mail a copy of the transcript to the 4,546
appellant's attorney or to the appellant, if not represented by 4,547
counsel. The appellant shall file a statement of the assignments 4,548
of error presented for review within sixty days of the filing of 4,549
the notice of appeal with the court. The appeal shall be heard 4,550
upon such record certified by the commission. After an appeal 4,552
has been filed in the court, the commission may, by petition, be 4,554
made a party to such appeal. If the court finds that the 4,555
decision was unlawful, unreasonable, or against the manifest 4,556
weight of the evidence, it shall reverse and vacate such decision 4,557
or it may modify such decision and enter final judgment in 4,558
accordance with such modification; otherwise such court shall 4,559
affirm such decision. Any interested party shall have the right 4,560
to appeal from the decision of the court as in civil cases. 4,561
(2) If an appeal is filed after the thirty-day appeal 4,563
period established in division (O)(N)(1) of this section, the 4,564
court of common pleas shall conduct a hearing to determine 4,566
whether the appeal was timely filed pursuant to division (Q)(P) 4,567
of this section. At the hearing, additional evidence may be 4,569
introduced and oral arguments may be presented regarding the 4,570
timeliness of the filing of the appeal. If the court of common 4,571
pleas determines that the time for filing the appeal is extended 4,572
as provided in division (Q)(P) of this section and that the 4,573
appeal was filed within the extended time provided in that 4,575
division, the court shall thereafter make its decision on the 4,576
110
merits of the appeal. If the court of common pleas determines 4,577
that the time for filing the appeal may not be extended as 4,578
provided in division (Q)(P) of this section, the court shall 4,580
dismiss the appeal accordingly. The determination on timeliness 4,581
by the court of common pleas may be appealed to the court of 4,582
appeals as in civil cases, and such appeal shall be consolidated 4,583
with any appeal from the decision by the court of common pleas on 4,584
the merits of the appeal.
(P)(O) Any appeal from a determination or redetermination 4,588
of the administrator or a decision or order of the commission may 4,591
be executed in behalf of any party or any group of claimants by 4,592
an agent.
(Q)(P) The time for filing an appeal, a request for 4,595
review, or a court appeal under this section shall be extended as 4,598
follows:
(1) When the last day of an appeal period is a Saturday, 4,600
Sunday, or legal holiday, the appeal period is extended to the 4,601
next work day after the Saturday, Sunday, or legal holiday; or 4,602
(2) When an interested party provides certified medical 4,604
evidence stating that the interested party's physical condition 4,605
or mental capacity prevented the interested party from filing a 4,606
an appeal or request for review pursuant to division (G), (H), or 4,608
(L) of this section within the appropriate twenty-one-day period, 4,609
the appeal period is extended to twenty-one days after the end of 4,610
the physical or mental condition and the appeal, or request for 4,612
review is considered timely filed if filed within that extended 4,614
period;
(3) When an interested party provides evidence, which 4,616
evidence may consist of testimony from the interested party, that 4,617
is sufficient to establish that the party did not actually 4,618
receive the determination or decision within the applicable 4,620
appeal period pursuant to division (G), (H), or (L) of this 4,621
section, and the administrator or the commission finds that the 4,622
interested party did not actually receive the determination or 4,624
111
decision within the applicable appeal period, then the appeal 4,625
period is extended to twenty-one days after the interested party 4,626
actually receives the determination or decision. 4,627
(4) When an interested party provides evidence, which 4,629
evidence may consist of testimony from the interested party, that 4,630
is sufficient to establish that the party did not actually 4,631
receive a decision within the thirty-day appeal period provided 4,632
in division (O)(N)(1) of this section, and a court of common 4,633
pleas finds that the interested party did not actually receive 4,635
the decision within that thirty-day appeal period, then the 4,636
appeal period is extended to thirty days after the interested 4,637
party actually receives the decision. 4,638
(R)(Q) No finding of fact or law, decision, or order of 4,640
the administrator, hearing officer, or the review commission, or 4,642
a reviewing court pursuant to this section, shall be given 4,644
collateral estoppel or res judicata effect in any separate or 4,645
subsequent judicial, administrative, or arbitration proceeding, 4,646
other than a proceeding arising under this chapter. 4,647
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 4,649
Sec. 4141.281. (A) WHENEVER THE DIRECTOR OF THE 4,651
DEPARTMENT OF JOB AND FAMILY SERVICES HAS REASON TO BELIEVE THAT 4,653
THE UNEMPLOYMENT OF TWENTY-FIVE OR MORE INDIVIDUALS RELATES TO A 4,654
LABOR DISPUTE, THE DIRECTOR, WITHIN FIVE CALENDAR DAYS AFTER 4,656
THEIR CLAIMS ARE FILED, SHALL SCHEDULE A HEARING CONCERNING THE
REASON FOR UNEMPLOYMENT. NOTICE OF THE HEARING SHALL BE SENT TO 4,657
ALL INTERESTED PARTIES, INCLUDING THE DULY AUTHORIZED 4,658
REPRESENTATIVE OF THE PARTIES, AS PROVIDED IN DIVISION (D)(1) OF 4,659
SECTION 4141.28 OF THE REVISED CODE. THE HEARING DATE SHALL BE 4,661
SCHEDULED SO AS TO PROVIDE AT LEAST TEN DAYS' PRIOR NOTICE OF THE 4,662
TIME AND DATE OF THE HEARING. A SIMILAR HEARING, IN SUCH CASES, 4,663
MAY BE SCHEDULED WHEN THERE IS A DISPUTE AS TO THE DURATION OR 4,664
ENDING DATE OF THE LABOR DISPUTE. 4,665
(B) THE DIRECTOR SHALL APPOINT A HEARING OFFICER TO 4,667
CONDUCT THE HEARING OF THE CASE UNDER DIVISION (A) OF THIS 4,668
112
SECTION. THE HEARING OFFICER IS NOT BOUND BY COMMON LAW OR 4,669
STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF 4,670
PROCEDURE, BUT SHALL TAKE ANY STEPS THAT ARE REASONABLE AND 4,671
NECESSARY TO OBTAIN THE FACTS AND DETERMINE WHETHER THE CLAIMANTS 4,672
ARE ENTITLED TO BENEFITS UNDER THE LAW. THE FAILURE OF ANY 4,673
INTERESTED PARTY TO APPEAR AT THE HEARING SHALL NOT PRECLUDE A 4,674
DECISION BASED UPON ALL THE FACTS AVAILABLE TO THE HEARING 4,675
OFFICER. THE PROCEEDING AT THE HEARING SHALL BE RECORDED BY 4,676
MECHANICAL MEANS OR BY OTHER MEANS PRESCRIBED BY THE DIRECTOR. 4,678
THE RECORD NEED NOT BE TRANSCRIBED UNLESS AN APPLICATION FOR 4,679
APPEAL IS FILED ON THE DECISION AND THE CHAIRPERSON OF THE 4,680
UNEMPLOYMENT COMPENSATION REVIEW COMMISSION REQUESTS A TRANSCRIPT 4,681
OF THE HEARING WITHIN FOURTEEN DAYS AFTER THE APPLICATION FOR 4,682
APPEAL IS RECEIVED BY THE COMMISSION. THE DIRECTOR SHALL 4,683
PRESCRIBE RULES CONCERNING THE CONDUCT OF THE HEARINGS AND ALL 4,685
RELATED MATTERS AND APPOINT AN ATTORNEY TO DIRECT THE OPERATION 4,686
OF THIS FUNCTION.
(C) THE DIRECTOR SHALL ISSUE THE HEARING OFFICER'S 4,688
DECISIONS AND REASONS THEREFOR ON THE CASE WITHIN TEN CALENDAR 4,689
DAYS AFTER THE HEARING. THE HEARING OFFICER'S DECISION ISSUED BY 4,690
THE DIRECTOR IS FINAL UNLESS AN APPLICATION FOR APPEAL IS FILED 4,692
WITH THE REVIEW COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE 4,693
DECISION WAS MAILED TO ALL INTERESTED PARTIES. THE DIRECTOR, 4,694
WITHIN THE TWENTY-ONE-DAY APPEAL PERIOD, MAY REMOVE AND VACATE 4,696
THE DECISION AND ISSUE A REVISED DETERMINATION AND APPEAL DATE. 4,697
(D) UPON RECEIPT OF THE APPLICATION FOR APPEAL, THE FULL 4,699
REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S DECISION, AND THEN 4,702
SCHEDULE A FURTHER HEARING ON THE CASE, DISALLOW THE APPLICATION 4,703
WITHOUT FURTHER HEARING, OR MODIFY OR REVERSE THE DIRECTOR'S
DECISION. THE REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S 4,706
DECISION WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE DECISION OR 4,707
THE RECEIPT OF A TRANSCRIPT REQUESTED UNDER DIVISION (B) OF THIS 4,708
SECTION, WHICHEVER IS LATER.
(1) WHEN A FURTHER HEARING IS GRANTED, THE COMMISSION 4,710
113
SHALL MAKE THE DIRECTOR'S DECISION AND RECORD OF THE CASE, AS 4,712
CERTIFIED BY THE DIRECTOR, A PART OF THE RECORD AND SHALL 4,713
CONSIDER THE DIRECTOR'S DECISION AND RECORD IN ARRIVING AT A 4,714
DECISION ON THE CASE. THE COMMISSION'S DECISION AFFIRMING, 4,716
MODIFYING, OR REVERSING THE DIRECTOR'S DECISION, FOLLOWING THE 4,717
FURTHER APPEAL, SHALL BE MAILED TO ALL INTERESTED PARTIES WITHIN 4,718
FOURTEEN DAYS AFTER THE HEARING. 4,719
(2) A DECISION TO DISALLOW A FURTHER APPEAL OR TO MODIFY 4,722
OR REVERSE THE DIECTOR'S DECISION SHALL BE MAILED TO ALL 4,723
INTERESTED PARTIES WITHIN FOURTEEN DAYS AFTER THE COMMISSION 4,724
MAKES THE DECISION. A DISALLOWANCE IS DEEMED AN AFFIRMATION OF 4,726
THE DIRECTOR'S DECISION.
(3) THE TIME LIMITS SPECIFIED IN THIS SECTION MAY BE 4,729
EXTENDED BY AGREEMENT OF ALL INTERESTED PARTIES OR FOR CAUSE 4,730
BEYOND THE CONTROL OF THE DIRECTOR OR THE COMMISSION. 4,731
(E) AN APPEAL OF THE COMMISSION'S DECISION ISSUED UNDER 4,733
DIVISION (D) OF THIS SECTION MAY BE TAKEN TO THE COURT OF COMMON 4,735
PLEAS AS PROVIDED IN DIVISION (N) OF SECTION 4141.28 OF THE 4,736
REVISED CODE.
(F) A LABOR DISPUTE DECISION INVOLVING FEWER THAN 4,738
TWENTY-FIVE INDIVIDUALS SHALL BE DETERMINED UNDER DIVISION (D)(1) 4,739
OF SECTION 4141.28 OF THE REVISED CODE, AND THE REVIEW COMMISSION 4,741
SHALL DETERMINE ANY APPEAL FROM THE DECISION PURSUANT TO DIVISION 4,743
(M) OF THAT SECTION AND WITHIN THE TIME LIMITS PROVIDED IN 4,744
DIVISION (D) OF THIS SECTION. 4,745
Sec. 4141.282. (A) WHEN A CLAIM FOR UNEMPLOYMENT 4,747
COMPENSATION IS FILED BY AN INDIVIDUAL WHO OWES CHILD SUPPORT 4,749
OBLIGATIONS, THE DIRECTOR OF THE DEPARTMENT OF JOB AND FAMILY 4,750
SERVICES SHALL NOTIFY THE STATE OR LOCAL CHILD SUPPORT 4,751
ENFORCEMENT AGENCY ENFORCING THE OBLIGATION ONLY IF THE CLAIMANT 4,752
HAS BEEN DETERMINED TO BE ELIGIBLE FOR UNEMPLOYMENT COMPENSATION. 4,753
(B) THE DIRECTOR SHALL DEDUCT AND WITHHOLD FROM 4,755
UNEMPLOYMENT COMPENSATION PAYABLE TO AN INDIVIDUAL WHO OWES CHILD 4,756
SUPPORT OBLIGATIONS THE FOLLOWING AMOUNTS AS APPROPRIATE: 4,757
114
(1) ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM 4,759
THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT 4,760
TERM IS DEFINED IN SECTION 459(i)(5) OF THE "SOCIAL SECURITY 4,762
ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 4,764
OPPORTUNITY RECONCILIATION ACT OF 1996," 100 STAT. 2105, 42 4,766
U.S.C. 659, AND PROPERLY SERVED UPON THE DIRECTOR, AS DESCRIBED 4,767
IN DIVISION (C) OF THIS SECTION; 4,768
(2) WHERE DIVISION (B)(1) OF THIS SECTION IS INAPPLICABLE, 4,771
IN THE AMOUNT DETERMINED PURSUANT TO AN AGREEMENT SUBMITTED TO 4,772
THE DIRECTOR UNDER SECTION 454(19)(B)(i) OF THE "SOCIAL SECURITY 4,774
ACT," 88 STAT. 2351, 42 U.S.C. 654, AS AMENDED, BY THE STATE OR 4,776
LOCAL CHILD SUPPORT ENFORCEMENT AGENCY;
(3) IF NEITHER DIVISION (B)(1) NOR (2) OF THIS SECTION IS 4,779
APPLICABLE, THEN IN THE AMOUNT SPECIFIED BY THE INDIVIDUAL. 4,780
(C) THE DIRECTOR SHALL RECEIVE ALL LEGAL PROCESS DESCRIBED 4,783
IN DIVISION (B)(1) OF THIS SECTION FROM EACH LOCAL CHILD SUPPORT 4,784
ENFORCEMENT AGENCY, WHICH LEGAL PROCESS WAS ISSUED BY THE AGENCY 4,786
UNDER SECTION 2301.371 OF THE REVISED CODE OR OTHERWISE WAS 4,788
ISSUED BY THE AGENCY. THE PROCESSING OF CASES UNDER PART D OF 4,789
TITLE IV OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 4,791
U.S.C. 651, AS AMENDED, SHALL BE DETERMINED BY THE DIRECTOR.
(D) THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO 4,793
BEING WITHHELD PURSUANT TO DIVISION (B) OF THIS SECTION IS THAT 4,795
AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER APPLICATION 4,796
OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF OVERPAYMENTS AND 4,797
AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER THIS CHAPTER FOR 4,798
DEDUCTIBLE INCOME RECEIVED BY THE INDIVIDUAL.
(E) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF 4,801
THIS SECTION SHALL BE PAID TO THE APPROPRIATE STATE OR LOCAL 4,802
CHILD SUPPORT ENFORCEMENT AGENCY IN THE FOLLOWING MANNER: 4,803
(1) THE DIRECTOR SHALL DETERMINE THE AMOUNTS THAT ARE TO 4,806
BE DEDUCTED AND WITHHELD ON A PER COUNTY BASIS.
(2) FOR EACH COUNTY, THE DIRECTOR SHALL FORWARD TO THE 4,809
LOCAL CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY, AT
115
INTERVALS TO BE DETERMINED BY THE DIRECTOR, THE AMOUNT DETERMINED 4,810
FOR THAT COUNTY UNDER DIVISION (E)(1) OF THIS SECTION FOR 4,811
DISBURSEMENT TO THE OBLIGEES OR ASSIGNEES OF SUCH SUPPORT 4,812
OBLIGATIONS. 4,813
(F) ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF 4,816
THIS SECTION SHALL FOR ALL PURPOSES BE TREATED AS IF IT WERE PAID 4,817
TO THE INDIVIDUAL AS UNEMPLOYMENT COMPENSATION AND PAID BY THE 4,818
INDIVIDUAL TO THE STATE OR LOCAL CHILD SUPPORT AGENCY IN 4,819
SATISFACTION OF THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS.
(G) THIS SECTION APPLIES ONLY IF APPROPRIATE ARRANGEMENTS 4,822
HAVE BEEN MADE FOR REIMBURSEMENT BY THE STATE OR LOCAL CHILD 4,823
SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATIVE COSTS INCURRED 4,824
BY THE DIRECTOR UNDER THIS SECTION WHICH ARE ASSOCIATED WITH OR 4,825
ATTRIBUTABLE TO CHILD SUPPORT OBLIGATIONS BEING ENFORCED BY THE 4,826
STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY. 4,827
(H) AS USED IN THIS SECTION: 4,829
(1) "CHILD SUPPORT OBLIGATIONS" MEANS ONLY OBLIGATIONS 4,831
WHICH ARE BEING ENFORCED PURSUANT TO A PLAN DESCRIBED IN SECTION 4,832
454 OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 654, 4,834
AS AMENDED, WHICH HAS BEEN APPROVED BY THE UNITED STATES 4,835
SECRETARY OF HEALTH AND HUMAN SERVICES UNDER PART D OF TITLE IV 4,837
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS 4,839
AMENDED. 4,840
(2) "STATE CHILD SUPPORT ENFORCEMENT AGENCY" MEANS THE 4,842
DEPARTMENT OF JOB AND FAMILY SERVICES, BUREAU OF CHILD SUPPORT, 4,843
DESIGNATED AS THE SINGLE STATE AGENCY FOR THE ADMINISTRATION OF 4,844
THE PROGRAM OF CHILD SUPPORT ENFORCEMENT PURSUANT TO PART D OF 4,845
TITLE IV OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 4,848
651, AS AMENDED. 4,849
(3) "LOCAL CHILD SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD 4,852
SUPPORT ENFORCEMENT AGENCY OR ANY OTHER AGENCY OF A POLITICAL
SUBDIVISION OF THE STATE OPERATING PURSUANT TO A PLAN MENTIONED 4,853
IN DIVISION (H)(1) OF THIS SECTION. 4,854
(4) "UNEMPLOYMENT COMPENSATION" MEANS ANY COMPENSATION 4,856
116
PAYABLE UNDER THIS CHAPTER INCLUDING AMOUNTS PAYABLE BY THE 4,857
DIRECTOR PURSUANT TO AN AGREEMENT UNDER ANY FEDERAL LAW PROVIDING 4,859
FOR COMPENSATION, ASSISTANCE, OR ALLOWANCES WITH RESPECT TO 4,860
UNEMPLOYMENT.
Sec. 4141.283. WHERE A CLAIM FOR BENEFITS IS DIRECTLY 4,862
ATTRIBUTABLE TO UNEMPLOYMENT CAUSED BY A MAJOR DISASTER, AS 4,863
DECLARED BY THE PRESIDENT OF THE UNITED STATES PURSUANT TO THE 4,865
"DISASTER RELIEF ACT OF 1970," 84 STAT. 1745, 42 U.S.C.A. 4402, 4,866
AND THE INDIVIDUAL FILING THE CLAIM WOULD OTHERWISE HAVE BEEN 4,868
ELIGIBLE FOR DISASTER UNEMPLOYMENT ASSISTANCE UNDER THAT ACT, 4,869
THEN UPON APPLICATION BY THE EMPLOYER, ANY BENEFITS PAID ON THE 4,870
CLAIM SHALL NOT BE CHARGED TO THE ACCOUNT OF THE EMPLOYER WHO 4,871
WOULD HAVE BEEN CHARGED ON THAT CLAIM BUT INSTEAD SHALL BE 4,872
CHARGED TO THE MUTUALIZED ACCOUNT DESCRIBED IN SECTION 4141.25 OF 4,873
THE REVISED CODE, PROVIDED THAT THIS DIVISION IS NOT APPLICABLE 4,875
TO AN EMPLOYER ELECTING REIMBURSING STATUS UNDER SECTION 4141.241 4,876
OF THE REVISED CODE, EXCEPT REIMBURSING EMPLOYERS FOR WHOM 4,878
BENEFIT CHARGES ARE CHARGED TO THE MUTUALIZED ACCOUNT PURSUANT TO 4,879
DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE. 4,881
Sec. 4141.29. Each eligible individual shall receive 4,890
benefits as compensation for loss of remuneration due to 4,891
involuntary total or partial unemployment in the amounts and 4,892
subject to the conditions stipulated in this chapter. 4,893
(A) No individual is entitled to a waiting period or 4,895
benefits for any week unless the individual: 4,896
(1) Has filed a valid application for determination of 4,898
benefit rights in accordance with section 4141.28 of the Revised 4,899
Code; 4,900
(2) Has made a claim for benefits in accordance with 4,902
section 4141.28 of the Revised Code; 4,903
(3) Has registered at an employment office or other 4,905
registration place maintained or designated by the administrator 4,906
of the bureau of employment services. Registration shall be made 4,907
in accordance with the time limits, frequency, and manner 4,909
117
prescribed by the administrator.
(4)(a) Is able to work and available for suitable work and 4,911
is actively seeking suitable work either in a locality in which 4,912
the individual has earned wages subject to this chapter during 4,914
the individual's base period, or if the individual leaves that 4,915
locality, then in a locality where suitable work normally is 4,917
performed.
The administrator may waive the requirement that a claimant 4,919
be actively seeking work when the administrator finds that an 4,920
individual has been laid off and the employer who laid the 4,922
individual off has notified the administrator within ten days 4,924
after the layoff, that work is expected to be available for the 4,925
individual within a specified number of days not to exceed 4,926
forty-five calendar days following the last day the individual 4,927
worked. In the event the individual is not recalled within the 4,928
specified period, this waiver shall cease to be operative with 4,930
respect to that layoff.
(b) The individual shall be instructed as to the efforts 4,932
that the individual must make in the search for suitable work, 4,934
except where the active search for work requirement has been 4,935
waived under division (A)(4)(a) of this section, and shall keep a 4,936
record of where and when the individual has sought work in 4,937
complying with those instructions and, upon request, shall 4,939
produce that record for examination by the administrator. 4,941
(c) An individual who is attending a training course 4,943
approved by the administrator meets the requirement of this 4,944
division, if attendance was recommended by the administrator and 4,946
the individual is regularly attending the course and is making 4,947
satisfactory progress. An individual also meets the requirements 4,948
of this division if the individual is participating and advancing 4,950
in a training program, as defined in division (P) of section 4,951
5709.61 of the Revised Code, and if an enterprise, defined in 4,952
division (B) of section 5709.61 of the Revised Code, is paying 4,953
all or part of the cost of the individual's participation in the 4,954
118
training program with the intention of hiring the individual for 4,955
employment as a new employee, as defined in division (L) of 4,956
section 5709.61 of the Revised Code, for at least ninety days 4,957
after the individual's completion of the training program. 4,958
(d) An individual who becomes unemployed while attending a 4,960
regularly established school and whose base period qualifying 4,961
weeks were earned in whole or in part while attending that 4,962
school, meets the availability and active search for work 4,963
requirements of division (A)(4)(a) of this section if the 4,964
individual regularly attends the school during weeks with respect 4,965
to which the individual claims unemployment benefits and makes 4,966
self available on any shift of hours for suitable employment with 4,969
the individual's most recent employer or any other employer in 4,970
the individual's base period, or for any other suitable 4,971
employment to which the individual is directed, under this 4,973
chapter.
(e) The administrator shall adopt any rules that the 4,976
administrator deems necessary for the administration of division 4,977
(A)(4) of this section. 4,978
(f) Notwithstanding any other provisions of this section, 4,980
no otherwise eligible individual shall be denied benefits for any 4,981
week because the individual is in training approved under section 4,983
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 4,984
2296, nor shall that individual be denied benefits by reason of 4,986
leaving work to enter such training, provided the work left is 4,987
not suitable employment, or because of the application to any 4,988
week in training of provisions in this chapter, or any applicable 4,989
federal unemployment compensation law, relating to availability 4,990
for work, active search for work, or refusal to accept work. 4,991
For the purposes of division (A)(4)(f) of this section, 4,993
"suitable employment" means with respect to an individual, work 4,994
of a substantially equal or higher skill level than the 4,995
individual's past adversely affected employment, as defined for 4,996
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 4,997
119
U.S.C.A. 2101, and wages for such work at not less than eighty 4,998
per cent of the individual's average weekly wage as determined 4,999
for the purposes of that federal act. 5,000
(5) Is unable to obtain suitable work. AN INDIVIDUAL WHO 5,003
IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE INDIVIDUAL'S 5,004
EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO 5,005
IS REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE 5,006
WITH THE INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS 5,007
UPON THE CONCLUSION OF EACH WORK ASSIGNMENT, IS NOT CONSIDERED 5,008
UNABLE TO OBTAIN SUITABLE EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS 5,009
ARE AVAILABLE WITH THE EMPLOYER BUT THE INDIVIDUAL FAILS TO 5,010
CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK ASSIGNMENTS. 5,011
(6) Participates in reemployment services, such as job 5,013
search assistance services, if the individual has been determined 5,014
to be likely to exhaust benefits under this chapter, including 5,015
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 5,016
than extended compensation, and needs reemployment services 5,017
pursuant to the profiling system established by the administrator 5,018
under division (K) of this section, unless the administrator 5,019
determines that: 5,020
(a) The individual has completed such services; or 5,022
(b) There is justifiable cause for the claimant's failure 5,024
to participate in such services. 5,025
(B) An individual suffering total or partial unemployment 5,027
is eligible for benefits for unemployment occurring subsequent to 5,028
a waiting period of one week and no benefits shall be payable 5,029
during this required waiting period, but no more than one week of 5,030
waiting period shall be required of any such individual in any 5,031
benefit year in order to establish the individual's eligibility 5,033
for total or partial unemployment benefits. 5,034
(C) The waiting period for total or partial unemployment 5,036
shall commence on the first day of the first week with respect to 5,037
which the individual first files a claim for benefits at an 5,038
employment office or other place of registration maintained or 5,039
120
designated by the administrator or on the first day of the first 5,040
week with respect to which the individual has otherwise filed a 5,042
claim for benefits in accordance with the rules of the bureau of 5,043
employment services, provided such claim is allowed by the 5,044
administrator.
(D) Notwithstanding division (A) of this section, no 5,046
individual may serve a waiting period or be paid benefits under 5,047
the following conditions: 5,048
(1) For any week with respect to which the administrator 5,050
finds that: 5,051
(a) The individual's unemployment was due to a labor 5,053
dispute other than a lockout at any factory, establishment, or 5,055
other premises located in this or any other state and owned or 5,056
operated by the employer by which the individual is or was last 5,057
employed; and for so long as the individual's unemployment is due 5,059
to such labor dispute. No individual shall be disqualified under 5,061
this provision if either of the following applies: 5,062
(i) The individual's employment was with such employer at 5,064
any factory, establishment, or premises located in this state, 5,066
owned or operated by such employer, other than the factory, 5,067
establishment, or premises at which the labor dispute exists, if 5,068
it is shown that the individual is not financing, participating 5,069
in, or directly interested in such labor dispute; 5,071
(ii) The individual's employment was with an employer not 5,073
involved in the labor dispute but whose place of business was 5,075
located within the same premises as the employer engaged in the 5,076
dispute, unless the individual's employer is a wholly owned 5,077
subsidiary of the employer engaged in the dispute, or unless the 5,079
individual actively participates in or voluntarily stops work 5,081
because of such dispute. If it is established that the claimant 5,082
was laid off for an indefinite period and not recalled to work 5,083
prior to the dispute, or was separated by the employer prior to 5,084
the dispute for reasons other than the labor dispute, or that the 5,085
individual obtained a bona fide job with another employer while 5,087
121
the dispute was still in progress, such labor dispute shall not 5,088
render the employee ineligible for benefits. 5,089
(b) The individual has been given a disciplinary layoff 5,091
for misconduct in connection with the individual's work. 5,093
(2) For the duration of the individual's unemployment if 5,095
the administrator finds that: 5,097
(a) The individual quit work without just cause or has 5,100
been discharged for just cause in connection with the 5,101
individual's work, provided division (D)(2) of this section does 5,103
not apply to the separation of a person under any of the 5,104
following circumstances:
(i) Separation from employment for the purpose of entering 5,106
the armed forces of the United States if the individual makes 5,107
application to enter, or is inducted into the armed forces within 5,109
thirty days after such separation; 5,111
(ii) Separation from employment pursuant to a 5,113
labor-management contract or agreement, or pursuant to an 5,114
established employer plan, program, or policy, which permits the 5,115
employee, because of lack of work, to accept a separation from 5,116
employment;
(iii) The individual has left employment to accept a 5,119
recall from a prior employer or, except as provided in division 5,120
(D)(2)(a)(iv) of this section, to accept other employment as 5,122
provided under section 4141.291 of the Revised Code, or left or 5,123
was separated from employment that was concurrent employment at 5,124
the time of the most recent separation or within six weeks prior 5,125
to the most recent separation where the remuneration, hours, or 5,126
other conditions of such concurrent employment were substantially 5,127
less favorable than the individual's most recent employment and 5,128
where such employment, if offered as new work, would be 5,129
considered not suitable under the provisions of divisions (E) and 5,130
(F) of this section. Any benefits that would otherwise be 5,131
chargeable to the account of the employer from whom an individual 5,132
has left employment or was separated from employment that was 5,133
122
concurrent employment under conditions described in division 5,134
(D)(2)(a)(iii) of this section, shall instead be charged to the 5,136
mutualized account created by division (B) of section 4141.25 of 5,137
the Revised Code, except that any benefits chargeable to the 5,138
account of a reimbursing employer under division (D)(2)(a)(iii) 5,139
of this section shall be charged to the account of the 5,140
reimbursing employer and not to the mutualized account, except as 5,141
provided in division (D)(2) of section 4141.24 of the Revised 5,142
Code.
(iv) When an individual has been issued a definite layoff 5,145
date by the individual's employer and before the layoff date, the 5,147
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no 5,149
disqualification shall be imposed under division (D) of this 5,151
section. However, if the individual fails to meet the employment 5,152
and earnings requirements of division (A)(2) of section 4141.291 5,153
of the Revised Code, then the individual, pursuant to division 5,154
(A)(5) of this section, shall be ineligible for benefits for any 5,155
week of unemployment that occurs prior to the layoff date. 5,156
(b) The individual has refused without good cause to 5,158
accept an offer of suitable work when made by an employer either 5,160
in person or to the individual's last known address, or has 5,161
refused or failed to investigate a referral to suitable work when 5,163
directed to do so by a local employment office of this state or 5,164
another state, provided that this division shall not cause a 5,165
disqualification for a waiting week or benefits under the 5,166
following circumstances:
(i) When work is offered by the individual's employer and 5,168
the individual is not required to accept the offer pursuant to 5,170
the terms of the labor-management contract or agreement; or 5,171
(ii) When the individual is attending a vocational 5,173
training course pursuant to division (A)(4) of this section 5,174
except, in the event of a refusal to accept an offer of suitable 5,175
work or a refusal or failure to investigate a referral, benefits 5,176
123
thereafter paid to such individual shall not be charged to the 5,177
account of any employer and, except as provided in division 5,178
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 5,179
charged to the mutualized account as provided in division (B) of 5,181
section 4141.25 of the Revised Code. 5,182
(c) Such individual quit work to marry or because of 5,184
marital, parental, filial, or other domestic obligations. 5,185
(d) The individual has knowingly made a false statement or 5,187
representation or knowingly failed to report any material fact 5,188
with the object of obtaining benefits to which the individual is 5,190
not entitled. 5,191
(e) The individual became unemployed by reason of 5,193
commitment to any correctional institution. 5,195
(f) The individual became unemployed because of dishonesty 5,197
in connection with the individual's most recent or any base 5,199
period work. Remuneration earned in such work shall be excluded 5,200
from the individual's total base period remuneration and 5,202
qualifying weeks that otherwise would be credited to the 5,204
individual for such work in the individual's base period shall 5,205
not be credited for the purpose of determining the total benefits 5,206
to which the individual is eligible and the weekly benefit amount 5,207
to be paid under section 4141.30 of the Revised Code. Such 5,208
excluded remuneration and noncredited qualifying weeks shall be 5,209
excluded from the calculation of the maximum amount to be 5,210
charged, under division (D) of section 4141.24 and section 5,211
4141.33 of the Revised Code, against the accounts of the 5,212
individual's base period employers. In addition, no benefits 5,213
shall thereafter be paid to the individual based upon such 5,214
excluded remuneration or noncredited qualifying weeks. 5,216
For purposes of division (D)(2)(f) of this section, 5,218
"dishonesty" means the commission of substantive theft, fraud, or 5,219
deceitful acts. 5,220
(E) No individual otherwise qualified to receive benefits 5,222
shall lose the right to benefits by reason of a refusal to accept 5,223
124
new work if: 5,224
(1) As a condition of being so employed the individual 5,226
would be required to join a company union, or to resign from or 5,228
refrain from joining any bona fide labor organization, or would 5,229
be denied the right to retain membership in and observe the 5,230
lawful rules of any such organization. 5,231
(2) The position offered is vacant due directly to a 5,233
strike, lockout, or other labor dispute. 5,234
(3) The work is at an unreasonable distance from the 5,236
individual's residence, having regard to the character of the 5,238
work the individual has been accustomed to do, and travel to the 5,240
place of work involves expenses substantially greater than that 5,241
required for the individual's former work, unless the expense is 5,243
provided for.
(4) The remuneration, hours, or other conditions of the 5,245
work offered are substantially less favorable to the individual 5,246
than those prevailing for similar work in the locality. 5,247
(F) Subject to the special exceptions contained in 5,249
division (A)(4)(f) of this section and section 4141.301 of the 5,250
Revised Code, in determining whether any work is suitable for a 5,251
claimant in the administration of this chapter, the 5,252
administrator, in addition to the determination required under 5,253
division (E) of this section, shall consider the degree of risk 5,254
to the claimant's health, safety, and morals, the individual's 5,255
physical fitness for the work, the individual's prior training 5,257
and experience, the length of the individual's unemployment, the 5,259
distance of the available work from the individual's residence, 5,261
and the individual's prospects for obtaining local work. 5,262
(G) The "duration of unemployment" as used in this section 5,265
means the full period of unemployment next ensuing after a 5,266
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this 5,267
chapter, or the unemployment compensation act of another state, 5,268
or of the United States, and until such individual has worked six 5,269
125
weeks and for those weeks has earned or been paid remuneration 5,271
equal to six times an average weekly wage of not less than: 5,272
eighty-five dollars and ten cents per week beginning on June 26, 5,273
1990; and beginning on and after January 1, 1992, twenty-seven 5,274
and one-half per cent of the statewide average weekly wage as 5,275
computed each first day of January under division (B)(3) of 5,276
section 4141.30 of the Revised Code, rounded down to the nearest 5,277
dollar, except for purposes of division (D)(2)(c) of this 5,278
section, such term means the full period of unemployment next 5,279
ensuing after a separation from such work and until such 5,280
individual has become reemployed subject to the terms set forth 5,281
above, and has earned wages equal to one-half of the individual's 5,283
average weekly wage or sixty dollars, whichever is less. 5,284
(H) If a claimant is disqualified under division 5,286
(D)(2)(a), (c), or (e) of this section or found to be qualified 5,287
under the exceptions provided in division (D)(2)(a)(i), (ii), 5,288
(iii), or (iv) of this section or division (A)(2) of section 5,289
4141.291 of the Revised Code, then benefits that may become 5,291
payable to such claimant, which are chargeable to the account of 5,292
the employer from whom the individual was separated under such 5,294
conditions, shall be charged to the mutualized account provided 5,295
in section 4141.25 of the Revised Code, provided that no charge 5,296
shall be made to the mutualized account for benefits chargeable 5,297
to a reimbursing employer, except as provided in division (D)(2) 5,298
of section 4141.24 of the Revised Code. In the case of a 5,300
reimbursing employer, the administrator shall refund or credit to 5,301
the account of the reimbursing employer any over-paid benefits 5,302
that are recovered under division (B) of section 4141.35 of the 5,303
Revised Code. 5,304
(I)(1) Benefits based on service in employment as provided 5,306
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 5,307
Code shall be payable in the same amount, on the same terms, and 5,308
subject to the same conditions as benefits payable on the basis 5,309
of other service subject to this chapter; except that after 5,310
126
December 31, 1977: 5,311
(a) Benefits based on service in an instructional, 5,313
research, or principal administrative capacity in an institution 5,314
of higher education, as defined in division (Y) of section 5,315
4141.01 of the Revised Code; or for an educational institution as 5,316
defined in division (CC) of section 4141.01 of the Revised Code, 5,317
shall not be paid to any individual for any week of unemployment 5,318
that begins during the period between two successive academic 5,320
years or terms, or during a similar period between two regular 5,321
but not successive terms or during a period of paid sabbatical 5,322
leave provided for in the individual's contract, if the 5,323
individual performs such services in the first of those academic 5,325
years or terms and has a contract or a reasonable assurance that 5,326
the individual will perform services in any such capacity for any 5,327
such institution in the second of those academic years or terms. 5,329
(b) Benefits based on service for an educational 5,331
institution or an institution of higher education in other than 5,332
an instructional, research, or principal administrative capacity, 5,333
shall not be paid to any individual for any week of unemployment 5,334
which begins during the period between two successive academic 5,335
years or terms of the employing educational institution or 5,336
institution of higher education, provided the individual 5,337
performed those services for the educational institution or 5,338
institution of higher education during the first such academic 5,339
year or term and, there is a reasonable assurance that such 5,340
individual will perform those services for any educational 5,341
institution or institution of higher education in the second of 5,342
such academic years or terms. 5,343
If compensation is denied to any individual for any week 5,345
under division (I)(1)(b) of this section and the individual was 5,346
not offered an opportunity to perform those services for an 5,347
institution of higher education or for an educational institution 5,348
for the second of such academic years or terms, the individual is 5,349
entitled to a retroactive payment of compensation for each week 5,350
127
for which the individual timely filed a claim for compensation 5,351
and for which compensation was denied solely by reason of 5,352
division (I)(1)(b) of this section. An application for 5,353
retroactive benefits shall be timely filed if received by the 5,354
administrator or the administrator's deputy within or prior to 5,356
the end of the fourth full calendar week after the end of the 5,357
period for which benefits were denied because of reasonable 5,358
assurance of employment. The provision for the payment of 5,359
retroactive benefits under division (I)(1)(b) of this section is 5,360
applicable to weeks of unemployment beginning on and after 5,361
November 18, 1983. The provisions under division (I)(1)(b) of 5,362
this section shall be retroactive to September 5, 1982, only if, 5,363
as a condition for full tax credit against the tax imposed by the 5,364
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 5,365
3301 to 3311, the United States secretary of labor determines 5,366
that retroactivity is required by federal law. 5,368
(c) With respect to weeks of unemployment beginning after 5,370
December 31, 1977, benefits shall be denied to any individual for 5,371
any week which commences during an established and customary 5,372
vacation period or holiday recess, if the individual performs any 5,373
services described in divisions (I)(1)(a) and (b) of this section 5,374
in the period immediately before the vacation period or holiday 5,375
recess, and there is a reasonable assurance that the individual 5,376
will perform any such services in the period immediately 5,377
following the vacation period or holiday recess. 5,378
(d) With respect to any services described in division 5,380
(I)(1)(a), (b), or (c) of this section, benefits payable on the 5,381
basis of services in any such capacity shall be denied as 5,382
specified in division (I)(1)(a), (b), or (c) of this section to 5,383
any individual who performs such services in an educational 5,384
institution or institution of higher education while in the 5,385
employ of an educational service agency. For this purpose, the 5,386
term "educational service agency" means a governmental agency or 5,387
governmental entity that is established and operated exclusively 5,389
128
for the purpose of providing services to one or more educational 5,390
institutions or one or more institutions of higher education. 5,391
(e) Any individual employed by a public school district or 5,393
a county board of mental retardation shall be notified by the 5,394
thirtieth day of April each year if the individual is not to be 5,396
reemployed the following academic year. 5,397
(2) No disqualification will be imposed, between academic 5,399
years or terms or during a vacation period or holiday recess 5,400
under this division, unless the administrator or the 5,401
administrator's deputy has received a statement in writing from 5,403
the educational institution or institution of higher education 5,404
that the claimant has a contract for, or a reasonable assurance 5,405
of, reemployment for the ensuing academic year or term. 5,406
(3) If an individual has employment with an educational 5,408
institution or an institution of higher education and employment 5,409
with a noneducational employer, during the base period of the 5,410
individual's benefit year, then the individual may become 5,411
eligible for benefits during the between-term, or vacation or 5,412
holiday recess, disqualification period, based on employment 5,413
performed for the noneducational employer, provided that the 5,414
employment is sufficient to qualify the individual for benefit 5,415
rights separately from the benefit rights based on school 5,416
employment. The weekly benefit amount and maximum benefits 5,417
payable during a disqualification period shall be computed based 5,418
solely on the nonschool employment. 5,419
(J) Benefits shall not be paid on the basis of employment 5,421
performed by an alien, unless the alien had been lawfully 5,422
admitted to the United States for permanent residence at the time 5,423
the services were performed, was lawfully present for purposes of 5,424
performing the services, or was otherwise permanently residing in 5,425
the United States under color of law at the time the services 5,426
were performed, under section 212(d)(5) of the "Immigration and 5,427
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 5,428
(1) Any data or information required of individuals 5,430
129
applying for benefits to determine whether benefits are not 5,431
payable to them because of their alien status shall be uniformly 5,432
required from all applicants for benefits. 5,433
(2) In the case of an individual whose application for 5,435
benefits would otherwise be approved, no determination that 5,436
benefits to the individual are not payable because of the 5,437
individual's alien status shall be made except upon a 5,439
preponderance of the evidence that the individual had not, in 5,440
fact, been lawfully admitted to the United States. 5,441
(K) The administrator shall establish and utilize a system 5,443
of profiling all new claimants under this chapter that: 5,444
(1) Identifies which claimants will be likely to exhaust 5,446
regular compensation and will need job search assistance services 5,447
to make a successful transition to new employment; 5,448
(2) Refers claimants identified pursuant to division 5,450
(K)(1) of this section to reemployment services, such as job 5,451
search assistance services, available under any state or federal 5,452
law; 5,453
(3) Collects follow-up information relating to the 5,455
services received by such claimants and the employment outcomes 5,456
for such claimant's subsequent to receiving such services and 5,457
utilizes such information in making identifications pursuant to 5,458
division (K)(1) of this section; and 5,459
(4) Meets such other requirements as the United States 5,461
secretary of labor determines are appropriate. 5,462
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 5,464
Sec. 4141.301. (A) As used in this section, unless the 5,473
context clearly requires otherwise: 5,474
(1) "Extended benefit period" means a period which: 5,476
(a) Begins with the third week after a week for which 5,478
there is a state "on" indicator; and 5,479
(b) Ends with either of the following weeks, whichever 5,481
occurs later: 5,482
(i) The third week after the first week for which there is 5,484
130
a state "off" indicator; or 5,485
(ii) The thirteenth consecutive week of such period; 5,487
Except, that no extended benefit period may begin by reason 5,489
of a state "on" indicator before the fourteenth week following 5,490
the end of a prior extended benefit period which was in effect 5,491
with respect to this state. 5,492
(2) There is a "state /'on' indicator" for this state for 5,494
a week if the administrator determines, in accordance with the 5,495
regulations of the United States secretary of labor, that for the 5,496
period consisting of such week and the immediately preceding 5,497
twelve weeks, the rate of insured unemployment, not seasonally 5,498
adjusted, under Chapter 4141. of the Revised Code: 5,499
(a) Equaled or exceeded one hundred and twenty per cent of 5,501
the average of such rates for the corresponding thirteen-week 5,502
period ending in each of the preceding two calendar years, and 5,503
for weeks beginning before September 25, 1982, equaled or 5,504
exceeded four per cent and for weeks beginning after September 5,505
25, 1982, equaled or exceeded five per cent; 5,506
(b) For weeks of unemployment beginning after December 31, 5,508
1977, and before September 25, 1982, such rate of insured 5,509
unemployment: 5,510
(i) Met the criteria set forth in division (A)(2)(a) of 5,512
this section; or 5,513
(ii) Equaled or exceeded five per cent. 5,515
(c) For weeks of unemployment beginning after September 5,517
25, 1982, such rate of insured unemployment: 5,518
(i) Met the criteria set forth in division (A)(2)(a) of 5,520
this section; or 5,521
(ii) Equaled or exceeded six per cent. 5,523
(3) A "state 'off' indicator" exists for the state for a 5,525
week if the administrator determines, in accordance with the 5,526
regulations of the United States secretary of labor, that for the 5,527
period consisting of such week and the immediately preceding 5,528
twelve weeks, the rate of insured unemployment, not seasonally 5,529
131
adjusted, under Chapter 4141. of the Revised Code: 5,530
(a) Was less than one hundred and twenty per cent of the 5,532
average of such rates for the corresponding thirteen-week period 5,533
ending in each of the preceding two calendar years, or for weeks 5,534
beginning before September 25, 1982, was less than four per cent 5,535
and for weeks beginning after September 25, 1982, was less than 5,536
five per cent; 5,537
(b) For weeks of unemployment beginning after December 31, 5,539
1977, and before September 25, 1982, such rate of insured 5,540
unemployment: 5,541
(i) Was less than five per cent; and 5,543
(ii) Met the criteria set forth in division (A)(3)(a) of 5,545
this section. 5,546
(c) For weeks of unemployment beginning after September 5,548
25, 1982, such rate of insured unemployment; 5,549
(i) Was less than six per cent; and 5,551
(ii) Met the criteria set forth in division (A)(3)(a) of 5,553
this section. 5,554
(4) "Rate of insured unemployment," for purposes of 5,556
divisions (A)(2) and (3) of this section, means the percentage 5,557
derived by dividing: 5,558
(a) The average weekly number of individuals filing claims 5,560
for regular compensation in this state for weeks of unemployment 5,561
with respect to the most recent thirteen-consecutive-week period, 5,562
as determined by the administrator on the basis of the 5,563
administrator's reports to the United States secretary of labor, 5,565
by
(b) The average monthly employment covered under Chapter 5,567
4141. of the Revised Code, for the first four of the most recent 5,568
six completed calendar quarters ending before the end of such 5,569
thirteen-week period. 5,570
(5) "Regular benefits" means benefits payable to an 5,572
individual, as defined in division (C) of section 4141.01 of the 5,573
Revised Code, or under any other state law, including dependents' 5,574
132
allowance and benefits payable to federal civilian employees and 5,575
to ex-servicepersons pursuant to the "Act of September 6, 1966," 5,577
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and 5,578
additional benefits as defined in division (A)(10) of this 5,579
section. 5,580
(6) "Extended benefits" means benefits, including benefits 5,582
payable to federal civilian employees and to ex-servicepersons 5,584
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 5,585
U.S.C.A. 8501, and additional benefits, payable to an individual 5,586
under the provisions of this section for weeks of unemployment in 5,587
the individual's eligibility period. 5,588
(7) "Eligibility period" of an individual means the period 5,590
consisting of the weeks in the individual's benefit year which 5,592
begin in an extended benefit period and, if the individual's 5,593
benefit year ends within the extended benefit period, any weeks 5,595
thereafter which begin in the period. 5,596
(8) "Exhaustee" means an individual who, with respect to 5,598
any week of unemployment in the individual's eligibility period: 5,600
(a) Has received prior to the week, all of the regular 5,602
benefits that were available to the individual under Chapter 5,603
4141. of the Revised Code, or any other state law, including 5,605
dependents' allowance and benefits payable to federal civilian 5,606
employees and ex-servicepersons under the "Act of September 6, 5,607
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current 5,609
benefit year that includes the week; 5,611
(b) Has received, prior to the week, all of the regular 5,613
benefits that were available to the individual under this chapter 5,615
or any other state law, including dependents' allowances and 5,616
regular benefits available to federal civilian employees and 5,617
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. 5,619
585, 5 U.S.C.A. 8501, in the individual's current benefit year 5,620
that includes the week, after the cancellation of some or all of 5,622
the individual's wage credits or the total or partial reduction 5,624
of the individual's right to regular benefits, provided that, for 5,626
133
the purposes of divisions (A)(8)(a) and (8)(b) of this section, 5,627
an individual shall be deemed to have received in the 5,628
individual's current benefit year all of the regular benefits 5,629
that were either payable or available to the individual even 5,630
though: 5,631
(i) As a result of a pending appeal with respect to wages 5,633
or employment, or both, that were not included in the original 5,634
monetary determination with respect to the individual's current 5,636
benefit year, the individual may subsequently be determined to be 5,637
entitled to more regular benefits, or 5,639
(ii) By reason of section 4141.33 of the Revised Code, or 5,641
the seasonal employment provisions of another state law, the 5,642
individual is not entitled to regular benefits with respect to 5,644
the week of unemployment, although the individual may be entitled 5,645
to regular benefits with respect to future weeks of unemployment 5,647
in either the next season or off season in the individual's 5,648
current benefit year, and the individual is otherwise an 5,650
"exhaustee" within the meaning of this section with respect to 5,651
the right to regular benefits under state law seasonal employment 5,653
provisions during either the season or off season in which that 5,654
week of unemployment occurs, or
(iii) Having established a benefit year, no regular 5,656
benefits are payable to the individual during the year because 5,658
the individual's wage credits were cancelled or the individual's 5,659
right to regular benefits was totally reduced as the result of 5,661
the application of a disqualification; or 5,662
(c) The individual's benefit year having expired prior to 5,664
the week, has no, or insufficient, wages or weeks of employment 5,666
on the basis of which the individual could establish in any state 5,667
a new benefit year that would include the week, or having 5,669
established a new benefit year that includes the week, the 5,670
individual is precluded from receiving regular benefits by reason 5,672
of a state law which meets the requirements of section 3304 5,673
(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 5,674
134
U.S.C.A. 3301 to 3311; and
(i) Has no right for the week to unemployment benefits or 5,676
allowances, as the case may be, under the Railroad Unemployment 5,677
Insurance Act, the Trade Act of 1974, and other federal laws as 5,678
are specified in regulations issued by the United States 5,679
secretary of labor; and 5,680
(ii) Has not received and is not seeking for the week 5,682
unemployment benefits under the unemployment compensation law of 5,683
the Virgin Islands, prior to the day after that on which the 5,684
secretary of labor approves the unemployment compensation law of 5,685
the Virgin Islands, or of Canada; or if the individual is seeking 5,687
benefits and the appropriate agency finally determines that the 5,688
individual is not entitled to benefits under the law for the 5,690
week.
(9) "State law" means the unemployment insurance law of 5,692
any state, approved by the United States secretary of labor under 5,693
section 3304 of the Internal Revenue Code of 1954. 5,694
(10) "Additional benefits" means benefits totally financed 5,696
by a state and payable to exhaustees by reason of high 5,697
unemployment or by reason of other special factors under the 5,698
provisions of any state law. 5,699
(B) Except when the result would be inconsistent with the 5,701
other provisions of this section, as provided in the regulations 5,702
of the administrator, the provisions of Chapter 4141. of the 5,703
Revised Code, which apply to claims for, or the payment of, 5,704
regular benefits, shall apply to claims for, and the payment of, 5,705
extended benefits. 5,706
(C) Any individual shall be eligible to receive extended 5,708
benefits with respect to any week of unemployment in the 5,709
individual's eligibility period only if the administrator finds 5,711
that, with respect to such week: 5,712
(1) The individual is an "exhaustee" as defined in 5,714
division (A)(8) of this section; and 5,715
(2) The individual has satisfied the requirements of 5,717
135
Chapter 4141. of the Revised Code, for the receipt of regular 5,718
benefits that are applicable to individuals claiming extended 5,719
benefits, including not being subject to a disqualification for 5,720
the receipt of benefits. 5,721
(D) The weekly extended benefit amount payable to an 5,723
individual for a week of total unemployment in the individual's 5,725
eligibility period shall be the same as the weekly benefit amount 5,726
payable to the individual during the individual's applicable 5,728
benefit year.
(E) The total extended benefit amount payable to any 5,730
eligible individual with respect to the individual's applicable 5,732
benefit year shall be the lesser of the following amounts: 5,733
(1) Fifty per cent of the total amount of regular 5,735
benefits, including dependents' allowances which were payable to 5,736
the individual under Chapter 4141. of the Revised Code, in the 5,738
individual's applicable benefit year; 5,739
(2) Thirteen times the individual's weekly benefit amount, 5,741
including dependents' allowances, which was payable to the 5,743
individual under Chapter 4141. of the Revised Code, for a week of 5,745
total unemployment in the applicable benefit year; provided, that 5,746
in making the computation under divisions (E)(1) and (2) of this 5,747
section, any amount which is not a multiple of one dollar shall 5,748
be rounded to the next lower multiple of one dollar. 5,749
(F)(1) Except as provided in division (F)(2) of this 5,751
section, an individual eligible for extended benefits pursuant to 5,752
an interstate claim filed in any state under the interstate 5,753
benefit payment plan shall not be paid extended benefits for any 5,754
week in which an extended benefit period is not in effect in such 5,755
state. 5,756
(2) Division (F)(1) of this section does not apply with 5,758
respect to the first two weeks for which extended compensation is 5,759
payable to an individual, as determined without regard to this 5,760
division, pursuant to an interstate claim filed under the 5,761
interstate benefit payment plan from the total extended benefit 5,762
136
amount payable to that individual in the individual's applicable 5,764
benefit year.
(3) Notwithstanding any other provisions of this section, 5,766
if the benefit year of any individual ends within an extended 5,767
benefit period, the remaining balance of extended benefits that 5,768
the individual would, but for this section, be entitled to 5,769
receive in that extended benefit period, with respect to weeks of 5,770
unemployment beginning after the end of the benefit year, shall 5,771
be reduced, but not below zero, by the product of the number of 5,772
weeks for which the individual received any amounts as trade 5,773
readjustment allowances within that benefit year, multiplied by 5,774
the individual's weekly benefit amount for extended benefits. 5,775
(G)(1) Whenever an extended benefit period is to become 5,777
effective in this state, as a result of a state "on" indicator, 5,778
or an extended benefit period is to be terminated in this state 5,779
as a result of a state "off" indicator, the administrator shall 5,780
make an appropriate public announcement. 5,781
(2) Computations required by division (A)(4) of this 5,783
section shall be made by the administrator, in accordance with 5,784
the regulations prescribed by the United States secretary of 5,785
labor. 5,786
(H)(1)(a) The administrator shall promptly examine any 5,788
application for extended benefits filed and, under this section, 5,789
shall determine whether such THE application is to be allowed or 5,791
disallowed and, if allowed, the weekly and total extended 5,792
benefits payable and the effective date of the application. The 5,793
claimant, the claimant's most recent employer, and any other 5,794
employer in the base period of the claim upon which the extended 5,796
benefits are based, and who was chargeable for regular benefits 5,797
based on such claim, shall be notified of such determination. 5,798
(b) The determination issued to the most recent or other 5,800
base period employer shall include the total amount of extended 5,801
benefits which THAT may be charged to the employer's account. 5,802
Such potential charge amount shall be an amount equal to 5,804
137
one-fourth of the regular benefits chargeable to the employer's 5,805
account on the regular claim upon which extended benefits are 5,807
based except that, effective January 1, 1979, the potential 5,808
charge amount to the state and its instrumentalities and its 5,809
political subdivisions and their instrumentalities shall be an 5,810
amount equal to one-half of the regular benefits chargeable to 5,811
their accounts on such claim. If regular benefits were 5,812
chargeable to the mutualized account, in lieu of an employer's 5,813
account, then the extended benefits which are based on such prior 5,814
mutualized benefits shall also be charged to the mutualized 5,815
account.
(c) As extended benefits are paid to eligible individuals: 5,817
(i) One-half of such benefits will be charged to an 5,819
extended benefit account to which reimbursement payments of 5,820
one-half of extended benefits, received from the federal 5,821
government as described in division (J) of this section, will be 5,822
credited; and 5,823
(ii) One-half of the extended benefits shall be charged to 5,825
the accounts of base period employers and the mutualized account 5,826
in the same sequence PROPORTION as was provided for on the 5,827
regular claim; or 5,828
(iii) The full amount of extended benefits shall be 5,830
charged to the accounts of the state and its instrumentalities, 5,831
and its political subdivisions and their instrumentalities. 5,832
Employers making payments in lieu of contributions shall be 5,833
charged in accordance with division (B)(1) of section 4141.241 of 5,834
the Revised Code. 5,835
(d) If the application for extended benefits is 5,837
disallowed, a determination shall be issued to the claimant, 5,838
which determination shall set forth the reasons for the 5,839
disallowance. Determinations issued under this division, whether 5,840
allowed or disallowed, shall be subject to reconsideration and 5,841
appeal in accordance with section 4141.28 of the Revised Code. 5,842
(2) Any additional or continued claims, as described in 5,844
138
division (F) of section 4141.01 of the Revised Code, filed by an 5,845
individual at the beginning of, or during, the individual's 5,846
extended benefit period shall be determined under division (D) of 5,848
section 4141.28 of the Revised Code, and such determination shall 5,849
be subject to reconsideration and appeal in accordance with 5,850
section 4141.28 of the Revised Code. 5,851
(I) Notwithstanding division (B) of this section, payment 5,853
of extended benefits under this section shall not be made to any 5,854
individual for any week of unemployment in the individual's 5,855
eligibility period during which the individual fails to accept 5,857
any offer of suitable work, as defined in division (I)(2) of this 5,859
section, or fails to apply for any suitable work to which the 5,860
individual was referred by the administrator, or fails to 5,862
actively engage in seeking work, as prescribed in division (I)(4) 5,863
of this section.
(1) If any individual is ineligible for extended benefits 5,865
for any week by reason of a failure described in this division, 5,866
the individual shall be ineligible to receive extended benefits 5,867
beginning with the week in which the failure occurred and 5,868
continuing until the individual has been employed during each of 5,869
four subsequent weeks and the total remuneration earned by the 5,870
individual for this employment is equal to or more than four 5,871
times the individual's weekly extended benefit amount, and has 5,872
met all other eligibility requirements of this section, in order 5,873
to establish entitlement to extended benefits. 5,874
(2) For purposes of this section, the term "suitable work" 5,876
means, with respect to an individual, any work which is within 5,877
the individual's capabilities, provided that with respect to the 5,878
position all of the following requirements are met: 5,879
(a) It offers the individual gross average weekly 5,881
remuneration of more than the sum of: 5,882
(i) The individual's extended weekly benefit amount; and 5,884
(ii) The amount of supplemental unemployment compensation 5,886
benefits, as defined in section 501(c)(17)(D) of the "Internal 5,887
139
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 5,888
the individual for the week of unemployment. 5,889
(b) It pays equal to or more than the higher of: 5,891
(i) The minimum wage provided by section 6(a)(1) of the 5,893
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 5,894
206, without regard to any exemption; or 5,895
(ii) Any applicable state or local minimum wage. 5,897
(c) It is offered to the individual in writing or is 5,899
listed with the employment office maintained or designated by the 5,900
bureau of employment services. 5,901
(3) Extended benefits shall not be denied under this 5,903
division to any individual for any week by reason of a failure to 5,904
accept an offer of, or apply for suitable work if either of the 5,905
following conditions apply: 5,906
(a) The failure would not result in a denial of benefits 5,908
to a regular benefit claimant under section 4141.29 of the 5,909
Revised Code to the extent that section 4141.29 of the Revised 5,910
Code is not inconsistent with division (I)(2) of this section; 5,911
(b) The individual furnishes evidence satisfactory to the 5,913
administrator that the individual's prospects for obtaining work 5,914
in the individual's customary occupation within a reasonably 5,915
short period are good. If the evidence is deemed satisfactory, 5,917
the determination as to whether any work is suitable work with 5,918
respect to this individual and whether the individual is 5,919
ineligible or disqualified shall be based upon the meaning of 5,920
"suitable work" and other provisions in section 4141.29 of the 5,921
Revised Code.
(4) For purposes of this section, an individual shall be 5,923
treated as actively engaged in seeking work during any week if: 5,924
(a) The individual has engaged in a systematic and 5,926
sustained effort to obtain work during that week; and 5,927
(b) The individual provides tangible evidence to the 5,929
administrator that the individual has engaged in the effort 5,930
during that week. 5,931
140
(5) The administrator shall refer applicants for extended 5,933
benefits to job openings that meet the requirements of divisions 5,934
(E) and (F) of section 4141.29 of the Revised Code, and in the 5,935
case of applicants whose prospects are determined not to be good 5,936
under division (I)(3)(b) of this section to any suitable work 5,937
which meets the criteria in divisions (I)(2) and (3)(a) of this 5,938
section. 5,939
(6) Individuals denied extended or regular benefits under 5,941
division (D)(1)(b) of section 4141.29 of the Revised Code because 5,942
of being given a disciplinary layoff for misconduct must, after 5,943
the date of disqualification, work the length of time and earn 5,944
the amount of remuneration specified in division (I)(1) of this 5,945
section, and meet all other eligibility requirements of this 5,946
section, in order to establish entitlement to extended benefits. 5,947
(J) All payments of extended benefits made pursuant to 5,949
this section shall be paid out of the unemployment compensation 5,950
fund, provided by section 4141.09 of the Revised Code, and all 5,951
payments of the federal share of extended benefits that are 5,952
received as reimbursements under section 204 of the 5,953
"Federal-State Extended Unemployment Compensation Act of 1970," 5,954
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 5,955
unemployment compensation fund and shall be credited to the 5,956
extended benefit account established by division (G) of this 5,957
section. Any refund of extended benefits, because of prior 5,958
overpayment of such benefits, may be made from the unemployment 5,959
compensation fund. 5,960
(K) In the administration of the provisions of this 5,962
section which are enacted to conform with the requirements of the 5,963
"Federal-State Extended Unemployment Compensation Act of 1970," 5,964
84 Stat. 696, 26 U.S.C.A. 3306, the administrator shall take such 5,965
action consistent with state law, as may be necessary: 5,966
(1) To ensure that the provisions are so interpreted and 5,968
applied as to meet the requirements of the federal act as 5,969
interpreted by the United States department of labor; and 5,970
141
(2) To secure to this state the full reimbursement of the 5,972
federal share of extended benefits paid under this section that 5,973
are reimbursable under the federal act. 5,974
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 5,976
Sec. 4141.43. (A) The administrator of the bureau of 5,985
employment services may cooperate with the industrial commission, 5,986
the bureau of workers' compensation, the United States internal 5,988
revenue service, the United States employment service, the 5,989
department of human services, and other similar departments and 5,990
agencies, as determined by the administrator, in the exchange or 5,991
disclosure of information as to wages, employment, payrolls, 5,992
unemployment, and other information. The administrator may 5,993
employ, jointly with one or more of such agencies or departments, 5,994
auditors, examiners, inspectors, and other employees necessary 5,995
for the administration of this chapter and employment and 5,996
training services for workers in the state. 5,997
(B) The administrator may make the state's record relating 5,999
to the administration of this chapter available to the railroad 6,000
retirement board and may furnish the board at the board's expense 6,001
such copies thereof as the board deems necessary for its 6,002
purposes. 6,003
(C) The administrator may afford reasonable cooperation 6,005
with every agency of the United States charged with the 6,006
administration of any unemployment compensation law. 6,007
(D) The administrator may enter into arrangements with the 6,009
appropriate agencies of other states or of the United States or 6,010
Canada whereby individuals performing services in this and other 6,011
states for a single employer under circumstances not specifically 6,012
provided for in division (B) of section 4141.01 of the Revised 6,013
Code or in similar provisions in the unemployment compensation 6,014
laws of such other states shall be deemed to be engaged in 6,015
employment performed entirely within this state or within one of 6,016
such other states or within Canada, and whereby potential rights 6,017
to benefits accumulated under the unemployment compensation laws 6,018
142
of several states or under such a law of the United States, or 6,019
both, or of Canada may constitute the basis for the payment of 6,020
benefits through a single appropriate agency under terms that the 6,021
administrator finds will be fair and reasonable as to all 6,022
affected interests and will not result in any substantial loss to 6,023
the unemployment compensation fund. 6,024
(E) The administrator may enter into agreements with the 6,026
appropriate agencies of other states or of the United States or 6,027
Canada: 6,028
(1) Whereby services or wages upon the basis of which an 6,030
individual may become entitled to benefits under the unemployment 6,031
compensation law of another state or of the United States or 6,032
Canada shall be deemed to be employment or wages for employment 6,033
by employers for the purposes of qualifying claimants for 6,034
benefits under this chapter, and the administrator may estimate 6,035
the number of weeks of employment represented by the wages 6,036
reported to the administrator for such claimants by such other 6,037
agency, provided such other state agency or agency of the United 6,039
States or Canada has agreed to reimburse the unemployment 6,040
compensation fund for such portion of benefits paid under this 6,041
chapter upon the basis of such services or wages as the 6,042
administrator finds will be fair and reasonable as to all 6,043
affected interests;
(2) Whereby the administrator will reimburse other state 6,045
or federal or Canadian agencies charged with the administration 6,046
of unemployment compensation laws with such reasonable portion of 6,047
benefits, paid under the law of such other states or of the 6,048
United States or of Canada upon the basis of employment or wages 6,049
for employment by employers, as the administrator finds will be 6,050
fair and reasonable as to all affected interests. Reimbursements 6,051
so payable shall be deemed to be benefits for the purpose of 6,052
section 4141.09 and division (A) of section 4141.30 of the 6,053
Revised Code. However, no reimbursement so payable shall be 6,054
charged against any employer's account for the purposes of 6,055
143
section 4141.24 of the Revised Code if the employer's account, 6,056
under the same or similar circumstances, with respect to benefits 6,057
charged under the provisions of this chapter, other than this 6,059
section, would not be charged or, if the claimant at the time the 6,060
claimant files the combined wage claim cannot establish benefit 6,061
rights under this chapter. This noncharging shall not be 6,062
applicable to a nonprofit organization that has elected to make 6,063
payments in lieu of contributions under section 4141.241 of the 6,064
Revised Code, except as provided in division (D)(2) of section 6,066
4141.24 of the Revised Code. The administrator may make to other 6,068
state or federal or Canadian agencies and receive from such other 6,069
state or federal or Canadian agencies reimbursements from or to 6,070
the unemployment compensation fund, in accordance with 6,071
arrangements pursuant to this section. 6,072
(3) Notwithstanding division (B)(2)(f) of section 4141.01 6,074
of the Revised Code, the administrator may enter into agreements 6,075
with other states whereby services performed for a crew leader, 6,076
as defined in division (BB) of section 4141.01 of the Revised 6,077
Code, may be covered in the state in which the crew leader 6,078
either: 6,079
(a) Has the crew leader's place of business or from which 6,082
the crew leader's business is operated or controlled; 6,083
(b) Resides if the crew leader has no place of business in 6,086
any state. 6,087
(F) The administrator may apply for an advance to the 6,089
unemployment compensation fund and do all things necessary or 6,090
required to obtain such advance and arrange for the repayment of 6,091
such advance in accordance with Title XII of the "Social Security 6,092
Act" as amended. 6,093
(G) The administrator may enter into reciprocal agreements 6,095
or arrangements with the appropriate agencies of other states in 6,096
regard to services on vessels engaged in interstate or foreign 6,097
commerce whereby such services for a single employer, wherever 6,098
performed, shall be deemed performed within this state or within 6,099
144
such other states. 6,100
(H) The administrator shall participate in any 6,102
arrangements for the payment of compensation on the basis of 6,103
combining an individual's wages and employment, covered under 6,104
this chapter, with the individual's wages and employment covered 6,105
under the unemployment compensation laws of other states which 6,107
are approved by the United States secretary of labor in 6,108
consultation with the state unemployment compensation agencies as 6,109
reasonably calculated to assure the prompt and full payment of 6,110
compensation in such situations and which include provisions for: 6,111
(1) Applying the base period of a single state law to a 6,113
claim involving the combining of an individual's wages and 6,114
employment covered under two or more state unemployment 6,115
compensation laws, and 6,116
(2) Avoiding the duplicate use of wages and employment by 6,118
reason of such combining. 6,119
(I) The administrator shall cooperate with the United 6,121
States department of labor to the fullest extent consistent with 6,122
this chapter, and shall take such action, through the adoption of 6,123
appropriate rules, regulations, and administrative methods and 6,124
standards, as may be necessary to secure to this state and its 6,125
citizens all advantages available under the provisions of the 6,126
"Social Security Act" that relate to unemployment compensation, 6,127
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 6,128
U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 6,130
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 6,131
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306, AND 6,132
THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 6,134
U.S.C.A. 2801 ET SEQ.
(J) THE ADMINISTRATOR MAY DISCLOSE WAGE INFORMATION 6,136
FURNISHED TO OR MAINTAINED BY THE ADMINISTRATOR UNDER CHAPTER 6,137
4141. OF THE REVISED CODE TO A CONSUMER REPORTING AGENCY AS 6,138
DEFINED BY THE "FAIR CREDIT REPORTING ACT," 84 STAT. 1128, 15 6,139
U.S.C.A. 1681a, AS AMENDED, FOR THE PURPOSE OF VERIFYING AN 6,140
145
INDIVIDUAL'S INCOME UNDER A WRITTEN AGREEMENT THAT REQUIRES ALL 6,142
OF THE FOLLOWING:
(1) A WRITTEN STATEMENT OF INFORMED CONSENT FROM THE 6,144
INDIVIDUAL WHOSE INFORMATION IS TO BE DISCLOSED; 6,145
(2) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 6,147
REPORTING AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS 6,148
DISCLOSED OR RELEASED WILL SAFEGUARD THE INFORMATION FROM ILLEGAL 6,149
OR UNAUTHORIZED DISCLOSURE;
(3) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 6,151
REPORTING AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH 6,152
THE DISCLOSURE.
THE ADMINISTRATOR SHALL PRESCRIBE A MANNER AND FORMAT IN 6,154
WHICH THIS INFORMATION MAY BE PROVIDED. 6,155
(K) THE ADMINISTRATOR SHALL ADOPT RULES DEFINING THE 6,157
REQUIREMENTS OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION 6,158
INFORMATION SPECIFIED IN DIVISION (J) OF THIS SECTION, WHICH 6,159
SHALL INCLUDE ALL TERMS AND CONDITIONS NECESSARY TO MEET THE 6,160
REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY THE UNITED STATES 6,161
DEPARTMENT OF LABOR OR CONSIDERED NECESSARY BY THE ADMINISTRATOR 6,162
FOR THE PROPER ADMINISTRATION OF DIVISION (J) OF THIS SECTION. 6,163
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 6,165
Sec. 5104.11. (A)(1) Except as provided in division 6,174
(G)(1) of section 5104.011 of the Revised Code, after receipt of 6,175
an application for certification from a type B family day-care 6,176
home, the county director of human services shall inspect. If it 6,178
complies with this chapter and any applicable rules adopted under
this chapter, the county department shall certify the type B 6,179
family day-care home to provide publicly funded child day-care 6,181
pursuant to this chapter and any rules adopted under it. The 6,182
director of human services or a county director of human services 6,183
may contract with a government entity or a private nonprofit 6,184
entity for that entity to inspect and certify type B family 6,185
day-care homes pursuant to this section. The county department 6,186
of human services, government entity, or nonprofit entity shall 6,188
146
conduct the inspection prior to the issuance of a certificate for 6,189
the type B home and, as part of that inspection, shall ensure 6,190
that the type B home is safe and sanitary. An
(2) EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS SECTION, 6,193
AN authorized provider of a type B family day-care home that 6,194
receives a certificate pursuant to this section to provide 6,195
publicly funded child day-care is an independent contractor and 6,196
is not an employee of the county department of human services 6,197
that issues the certificate. 6,198
(3) FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE, 6,200
DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED 6,201
PROVIDER OF A TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A 6,202
CERTIFICATE PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER 6,203
CHAPTER 4141. OF THE REVISED CODE. 6,204
(B) Every person desiring to receive certification for a 6,206
type B family day-care home shall apply for certification to the 6,207
county director of human services on such forms as the director 6,208
of human services prescribes. The county director shall provide 6,209
at no charge to each applicant a copy of rules for certifying 6,210
type B family day-care homes adopted pursuant to this chapter. 6,211
(C) If the county director of human services determines 6,213
that the type B family day-care home complies with this chapter 6,214
and any rules adopted under it, the county director shall issue 6,216
to the provider a certificate to provide publicly funded child 6,217
day-care for twelve months. The county director may revoke the 6,218
certificate after determining that revocation is necessary. The 6,219
authorized provider shall post the certificate in a conspicuous 6,221
place in the certified type B home that is accessible to parents, 6,222
custodians, or guardians at all times. The certificate shall 6,223
state the name and address of the authorized provider, the 6,224
maximum number of children who may be cared for at any one time 6,225
in the certified type B home, the expiration date of the 6,226
certification, and the name and telephone number of the county 6,227
director who issued the certificate. 6,228
147
(D) The county director shall inspect every certified type 6,230
B family day-care home at least twice within each twelve-month 6,231
period of the operation of the certified type B home. A minimum 6,232
of one inspection shall be unannounced and all inspections may be 6,233
unannounced. Upon receipt of a complaint, the county director 6,234
shall investigate and may inspect the certified type B home. The 6,235
authorized provider shall permit the county director to inspect 6,236
any part of the certified type B home. The county director shall 6,237
prepare a written inspection report and furnish one copy to the 6,238
authorized provider within a reasonable time after the 6,239
inspection. 6,240
(E) The county director of human services, in accordance 6,242
with rules adopted pursuant to section 5104.052 of the Revised 6,243
Code regarding fire safety and fire prevention, shall inspect 6,244
each type B home that applies to be certified that is providing 6,245
or is to provide publicly funded child day-care. 6,246
(F) All materials that are supplied by the department of 6,248
human services to type A family day-care home providers, type B 6,249
family day-care home providers, in-home aides, persons who desire 6,250
to be type A family day-care home providers, type B family 6,251
day-care home providers, or in-home aides, and caretaker parents 6,252
shall be written at no higher than the sixth grade reading level. 6,253
The department may employ a readability expert to verify its 6,254
compliance with this division. 6,255
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 6,257
Section 2. That existing sections 2301.371, 3111.20, 6,259
3113.21, 4141.01, 4141.162, 4141.24, 4141.241, 4141.28, 4141.29, 6,260
4141.301, 4141.43, and 5104.11 of the Revised Code are hereby 6,261
repealed.
Section 3. That the versions of sections 2301.371, 6,263
3111.20, 3113.21, 4141.01, 4141.162, 4141.21, 4141.24, 4141.241, 6,264
4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 of the Revised 6,265
Code that are scheduled to take effect July 1, 2000, be amended 6,266
to read as follows:
148
Sec. 2301.371. (A) If a child support enforcement agency 6,275
discovers pursuant to an investigation conducted under section 6,276
2301.37 of the Revised Code that an obligor under a child support 6,277
order that it is administering may be receiving unemployment 6,278
compensation benefits or if a child support enforcement agency 6,279
receives notice or otherwise discovers that an obligor under a 6,280
child support order may be receiving unemployment compensation 6,281
benefits, the agency promptly shall conduct an investigation to 6,282
determine whether the obligor is receiving unemployment 6,283
compensation benefits and to determine the amount of the 6,284
benefits. The investigation shall be completed within ten days 6,285
of the agency's discovery or receipt of the notice. 6,286
(B) Upon completion of an investigation conducted under 6,288
division (A) of this section, if the agency finds that the 6,289
obligor is receiving unemployment compensation benefits, it 6,290
shall, in accordance with sections 3111.20 to 3111.28 and, 6,291
3113.21 to 3113.219, AND 4141.282 of the Revised Code, division 6,293
(D)(4) of section 4141.28 of the Revised Code, and federal law 6,294
governing the department of job and family services, notify the 6,297
department of job and family services to withhold or deduct an 6,299
amount from the unemployment compensation benefits to pay child 6,301
support obligations. EFFECTIVE FOR APPLICATIONS TO ESTABLISH 6,303
UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27, 6,304
1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT 6,305
BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S 6,306
WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE DIRECTOR OF THE 6,307
DEPARTMENT OF JOB AND FAMILY SERVICES. 6,308
The agency may not impose the processing charge pursuant to 6,310
division (G)(1) of section 2301.35 of the Revised Code with 6,311
respect to amounts withheld or deducted from unemployment 6,312
compensation pursuant to this section.
(C) The director of job and family services shall adopt 6,315
rules in accordance with Chapter 119. of the Revised Code to 6,316
implement this section, which rules shall be consistent with 6,317
149
division (D)(4) of section 4141.28 4141.282 of the Revised Code 6,319
and federal law governing the department.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 6,328
of the Revised Code: 6,329
(1) "Obligor" means the person required to pay support 6,331
under an administrative support order. 6,332
(2) "Obligee" means the person entitled to receive the 6,334
support payments under an administrative support order. 6,335
(3) "Administrative support order" means an administrative 6,337
order for the payment of support that is issued by a child 6,338
support enforcement agency. 6,339
(4) "Support" means child support. 6,341
(5) "Personal earnings" means compensation paid or payable 6,343
for personal services, however denominated, and includes, but is 6,344
not limited to, wages, salary, commissions, bonuses, draws 6,345
against commissions, profit sharing, and vacation pay. 6,346
(6) "Financial institution" means a bank, savings and loan 6,348
association, or credit union, or a regulated investment company 6,349
or mutual fund in which a person who is required to pay support 6,350
has funds on deposit that are not exempt under the law of this 6,351
state or the United States from execution, attachment, or other 6,352
legal process. 6,353
(7) "Title IV-D case" means any case in which the child 6,355
support enforcement agency is enforcing the support order 6,356
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 6,357
2351 (1975), 42 U.S.C. 651, as amended. 6,358
(8) "Payor" means any person or entity that distributes 6,361
income to an obligor including the obligor, if the obligor is 6,363
self-employed; an employer; an employer that is paying the 6,364
obligor's workers' compensation benefits; the public employees 6,365
retirement board; the governing entity of any municipal 6,366
retirement system; the board of trustees of the Ohio police and 6,368
fire pension fund; the state teachers retirement board; the 6,369
school employees retirement board; the state highway patrol 6,370
150
retirement board; a person paying or otherwise distributing an 6,371
obligor's income; the bureau of workers' compensation; or any 6,372
other person or entity, except the director of job and family 6,374
services with respect to unemployment compensation benefits paid 6,377
pursuant to Chapter 4141. of the Revised Code. 6,378
(9) "Income" means any form of monetary payment including 6,381
personal earnings; unemployment compensation benefits to the 6,382
extent permitted by, and in accordance with, section SECTIONS 6,383
2301.371 of the Revised Code, division (D)(4) of section 4141.28 6,386
AND 4141.282 of the Revised Code, and federal law governing the 6,388
department of job and family services; workers' compensation 6,390
payments; pensions; annuities; allowances; retirement benefits; 6,392
disability or sick pay; insurance proceeds; lottery prize awards; 6,393
federal, state, or local government benefits to the extent that 6,394
the benefits can be withheld or deducted under the law governing 6,395
the benefits; any form of trust fund or endowment; lump-sum 6,396
payments; and any other monetary payments.
(B) A man who is presumed to be the natural father of a 6,399
child pursuant to section 3111.03 of the Revised Code assumes the 6,400
parental duty of support with respect to the child. 6,401
(C) Notwithstanding section 3109.01 of the Revised Code, a 6,403
parent's duty of support for a child shall continue beyond the 6,404
age of majority as long as the child continuously attends on a 6,405
full-time basis any recognized and accredited high school or a 6,407
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 6,408
which a child support order requires the duty of support to 6,409
continue for any period after the child reaches nineteen years of 6,410
age, the duty does not continue after the child reaches nineteen 6,411
years of age. The parental duty of support shall continue during 6,412
seasonal vacations. 6,413
A parent, guardian, or legal custodian of a child, the 6,415
person with whom the child resides, or the child support 6,416
enforcement agency of the county in which the child, parent, 6,417
151
guardian, or legal custodian of the child resides may file a 6,419
complaint pursuant to section 2151.231 of the Revised Code in the 6,420
juvenile court of that county requesting the court to order a 6,421
parent who neglects or does not assume the parental duty of 6,422
support to pay an amount for the support of the child and to 6,423
provide for the health care needs of the child, may contact a 6,425
child support enforcement agency for assistance in obtaining the 6,426
order, or may request an administrative officer of a child 6,427
support enforcement agency to issue an administrative order for 6,428
the payment of child support and providing for the health care 6,429
needs of the child pursuant to division (D) of this section. 6,430
Upon the filing of the complaint or the making of the request, 6,431
the court shall issue an order requiring the payment of support 6,432
for the child and providing for the health care needs of the 6,433
child, pursuant to section 2151.231 of the Revised Code, or the 6,434
administrative officer, pursuant to division (D) of this section, 6,435
shall issue an order requiring the payment of support for the 6,436
child and providing for the health care needs of the child. 6,437
A party to a request made under this division may raise the 6,439
issue of the existence or nonexistence of a parent-child 6,440
relationship between the presumed natural father and the child 6,441
unless the presumption is based on acknowledgment of paternity 6,442
that has become final pursuant to section 2151.232, 3111.211, or 6,443
5101.314 of the Revised Code. If a request is made for an 6,444
administrative order providing for support and health care needs 6,446
pursuant to division (D) of this section and the issue of the 6,448
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 6,449
request made pursuant to section 3111.22 of the Revised Code and 6,450
determine the issue pursuant to that section. An administrative 6,451
order issued pursuant to division (D) of this section does not 6,453
preclude a party from requesting a determination of the issue of 6,454
the existence or nonexistence of a parent-child relationship 6,455
pursuant to this chapter if the issue was not determined with 6,457
152
respect to the party in the proceedings conducted pursuant to 6,458
division (D) of this section or pursuant to an acknowledgment of 6,459
paternity that has become final under section 2151.232, 3111.211, 6,460
or 5101.314 of the Revised Code. An order issued pursuant to 6,462
division (D) of this section shall remain effective until a final 6,463
and enforceable determination is made pursuant to this chapter 6,464
that a parent-child relationship does not exist between the 6,465
presumed natural father and the child or until the occurrence of 6,466
an event described in division (E)(4)(a) of section 3111.23 of 6,467
the Revised Code that requires the order to be terminated. 6,468
(D) If a request is made pursuant to division (C) of this 6,470
section or division (A) of section 3111.211 of the Revised Code 6,471
for an administrative order requiring the payment of child 6,473
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 6,475
to determine, in accordance with sections 3111.23 to 3111.29 and 6,476
3113.215 of the Revised Code, the amount of child support either 6,477
parent is required to pay, the method of paying that child 6,479
support, and the method of providing for the child's health care. 6,480
The hearing shall be held not later than sixty days after the 6,481
request is made pursuant to division (A) of this section or 6,483
division (A) of section 3111.211 of the Revised Code nor earlier 6,484
than thirty days after the officer gives the mother and father of 6,485
the child notice of the action. When an administrative officer 6,486
issues an administrative order for the payment of support and 6,487
provision for the child's health care, all of the following 6,488
apply:
(1) The administrative support order shall require 6,491
periodic payments of support that may vary in amount, except 6,493
that, if it is in the best interest of the child, the 6,494
administrative officer may order a lump sum payment or the 6,495
purchase of an annuity in lieu of periodic payments of support. 6,496
(2) The administrative support order shall require the 6,498
parents to provide for the health care needs of the child in 6,499
153
accordance with section 3111.241 of the Revised Code. 6,500
The administrative support order shall include a notice 6,502
stating that the mother or the father may object to the 6,504
administrative order by bringing an action for the payment of 6,505
support and provision for the child's health care under section 6,506
2151.321 of the Revised Code in the juvenile court of the county 6,507
in which the child or the guardian or legal custodian of the 6,508
child resides, that the action may be brought no later than 6,509
thirty days after the date of the issuance of the administrative 6,510
support order, and that, if neither the mother nor the father 6,511
brings an action for the payment of support and provision for the 6,512
child's health care within that thirty-day period, the 6,514
administrative support order is final and enforceable by a court 6,515
and may be modified and enforced only as provided in sections 6,516
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 6,518
Sec. 3113.21. (A)(1) In any action in which support is 6,527
ordered under Chapter 3115. or under section 2151.23, 2151.231, 6,528
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 6,529
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 6,530
Revised Code, the court shall require the withholding or 6,531
deduction of income or assets of the obligor in accordance with 6,532
division (D) of this section or require the issuance of another 6,533
type of appropriate court order in accordance with division 6,534
(D)(3) or (4) or (H) of this section to ensure that withholding 6,536
or deduction from the income or assets of the obligor is 6,537
available from the commencement of the support order for the 6,539
collection of the support and any arrearages that occur. The 6,540
court shall determine the specific withholding or deduction 6,541
requirements or other appropriate requirements applicable to the 6,542
obligor under the support order in accordance with divisions (D) 6,543
and (H) of this section and section 2301.371 of the Revised Code 6,544
and shall include the specific requirements in the notices 6,545
described in divisions (A)(2) and (D) of this section or in the 6,546
court orders described in divisions (A)(2), (D)(3) or (4), and 6,547
154
(H) of this section. Any person required to comply with any 6,549
withholding or deduction requirement shall determine the manner 6,550
of withholding or deducting from the specific requirement 6,551
included in the notices described in those divisions without the 6,552
need for any amendment to the support order, and any person 6,553
required to comply with a court order described in division 6,554
(D)(3), (D)(4), or (H) of this section shall comply with the 6,556
court order without the need for any amendment to the support 6,557
order. The court shall include in any action in which support is 6,558
ordered as described in division (A)(1) of this section a general 6,559
provision that states the following:
"All child support and spousal support under this order 6,562
shall be withheld or deducted from the income or assets of the 6,564
obligor pursuant to a withholding or deduction notice or 6,565
appropriate court order issued in accordance with section 3113.21 6,566
of the Revised Code or a withdrawal directive issued pursuant to 6,567
section 3113.214 of the Revised Code and shall be forwarded to 6,568
the obligee in accordance with sections 3113.21 to 3113.213 of 6,569
the Revised Code." 6,570
(2) In any action in which support is ordered or modified 6,572
as described in division (A)(1) of this section, the court shall 6,573
determine in accordance with divisions (D) and (H) of this 6,574
section the types of withholding or deduction requirements or 6,575
other appropriate requirements that should be imposed relative to 6,576
the obligor under the support order to collect the support due 6,577
under the order. Within fifteen days after the obligor under the 6,578
support order is located subsequent to the issuance of the 6,579
support order or within fifteen days after the default under the 6,581
support order, whichever is applicable, the court or the child 6,582
support enforcement agency, as determined by agreement of the 6,583
court and the agency, shall send a notice by regular mail to each 6,584
person required to comply with a withholding or deduction 6,585
requirement. The notice shall specify the withholding or 6,586
deduction requirement and shall contain all of the information 6,587
155
set forth in division (D)(1)(b) or (2)(b) of this section that is 6,588
applicable to the requirement. If the appropriate requirement is 6,590
an order of the type described in division (D)(3), (D)(4), or (H) 6,591
of this section, the court shall issue and send a court order in 6,592
accordance with that division. The notices and court orders, and 6,593
the notices provided by the court or child support enforcement 6,594
agency that require the obligor to notify the agency of any 6,595
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 6,596
enforceable by the court. When the court or agency issues a 6,597
notice, it shall provide the notice to the obligor in accordance 6,598
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 6,600
is applicable, and shall include with the notice the additional 6,601
notices described in the particular division that is applicable. 6,602
(3)(a) If support is ordered or modified on or after 6,604
December 31, 1993, under Chapter 3115. or under section 2151.23, 6,605
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 6,607
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 6,608
of the Revised Code, if the court has determined in accordance 6,609
with division (A)(2) of this section the types of withholding or 6,610
deduction requirements or other appropriate requirements that 6,611
should be imposed relative to the obligor under the support order 6,612
to collect the support due under the order, if the court or a 6,613
child support enforcement agency has mailed the appropriate 6,614
notice to the person required to comply with the withholding or 6,615
deduction requirements that the court has determined should be 6,616
imposed or the court has issued and sent a court order described 6,617
in division (D)(3), (D)(4), or (H) of this section containing the 6,619
other appropriate requirements that the court determined should 6,620
be imposed, and if the child support enforcement agency is 6,621
notified or otherwise determines that the employment status or 6,622
other circumstances of the obligor have changed and that it is 6,623
more appropriate to impose another type of or an additional 6,624
withholding or deduction requirement or another type of or 6,625
156
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 6,626
3113.212 of the Revised Code. The notices and court orders 6,627
issued under this division and section 3113.212 of the Revised 6,628
Code, and the notices provided by the court or child support 6,629
enforcement agency that require the obligor to notify the agency 6,630
of any change in the obligor's employment status or of any other 6,631
change in the status of the obligor's assets, are final and are 6,633
enforceable by the court.
(b) All orders for support issued prior to December 31, 6,636
1993, under Chapter 3115. or under section 2151.23, 2151.231, 6,637
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 6,639
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 6,640
Code that have not been modified or subject to division (B) of 6,642
this section regarding a default under the order on or after that 6,643
date shall be considered to contain the general provision 6,644
described in division (A)(1) of this section and shall be 6,645
enforced and modified in the same manner as an order for support 6,646
issued on or after December 31, 1993.
(4) The department of job and family services shall adopt 6,648
standard forms for the support withholding and deduction notices 6,650
that are prescribed by divisions (A)(1) to (3) and (B) of this 6,651
section. All courts and child support enforcement agencies shall 6,652
use the forms in issuing withholding and deduction notices in 6,653
compliance with this section. 6,654
(B)(1)(a) In any action in which support is ordered under 6,657
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 6,658
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 6,660
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 6,661
or 3113.31 of the Revised Code and in which there has been a 6,662
default under the order, the court shall comply with divisions 6,663
(B)(1) to (6) of this section. 6,664
If the support was ordered prior to December 31, 1993, or 6,666
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 6,668
157
Code, the court that issued the order, or in the case of an order 6,670
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 6,671
Code, the common pleas court of the county in which the child 6,673
support enforcement agency that issued the order is located, 6,674
shall reissue the support order under which there has been a 6,675
default and shall include in the reissued order a general 6,676
provision as described in this division requiring the withholding 6,677
or deduction of income or assets of the obligor in accordance 6,679
with division (D) of this section or requiring the issuance of a 6,680
court order containing another type of appropriate requirement in 6,681
accordance with division (D)(3), (D)(4), or (H) of this section 6,683
to ensure that withholding or deduction from the income or assets 6,685
is available for the collection of current support and any 6,687
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 6,689
support order includes a general provision similar to the one 6,690
described in this division, the court shall replace the similar 6,691
general provision with the general provision described in this 6,692
division. Except for the inclusion or replacement of the general 6,693
provision, the provisions of the reissued order required under 6,694
this division shall be identical to those of the support order 6,695
under which there has been a default. 6,696
When support has been ordered under any chapter or section 6,699
described in this division, the child support enforcement agency 6,700
shall initiate support withholding when the order is in default. 6,701
Immediately after the identification of a default under the 6,702
support order, the child support enforcement agency shall conduct 6,704
the investigation described in division (B)(1)(b) of this 6,705
section. Additionally, within fifteen calendar days after the 6,706
identification of a default under the support order, the child 6,707
support enforcement agency shall investigate the default and, if 6,708
it is before July 1, 1999, send advance notice to the obligor. 6,709
On and after that date, the division of child support in the 6,711
department of human services shall send the advance notice to the 6,712
158
obligor. The advance notice shall include a notice describing 6,713
the actions that may be taken against the obligor pursuant to 6,714
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 6,715
2301.45, and 3113.214 of the Revised Code if the court or agency 6,716
makes a final and enforceable determination that the obligor is 6,717
in default pursuant to this division. If the location of the 6,719
obligor is unknown at the time of the identification of a default 6,720
under the support order, the division shall send the advance 6,721
notice to the obligor within fifteen days after the agency 6,722
locates the obligor. The general provision for the withholding 6,723
or deduction of income or assets to be included in the reissued 6,725
support order specifically shall include the following statement: 6,726
"All child support and spousal support under this order 6,729
shall be withheld or deducted from the income or assets of the 6,731
obligor pursuant to a withholding or deduction notice or 6,732
appropriate court order issued in accordance with section 3113.21 6,733
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 6,734
the obligee in accordance with sections 3113.21 to 3113.213 of 6,735
the Revised Code." 6,736
(b) After the identification of a default under a support 6,738
order as described in division (B)(1)(a) of this section, the 6,739
child support enforcement agency immediately shall conduct an 6,740
investigation to determine the employment status of the obligor, 6,741
the obligor's social security number, the name and business 6,742
address of the obligor's employer, whether the obligor is in 6,743
default under a support order, the amount of any arrearages, and 6,744
any other information necessary to enable the court or agency to 6,745
impose any withholding or deduction requirements and issue the 6,746
related notices described in division (D) of this section or to 6,747
issue any court orders described in division (D)(3) or (4) of 6,749
this section. The agency also shall conduct an investigation 6,750
under this division when required by division (C)(1)(a) or (b) of 6,751
this section, shall complete the investigation within twenty days 6,752
159
after the obligor or obligee files the motion with the court 6,753
under division (C)(1)(a) of this section or the court orders the 6,754
investigation under division (C)(1)(b) of this section. 6,755
(2) An advance notice to an obligor required by division 6,757
(B)(1) of this section shall contain all of the following: 6,758
(a) A statement of the date on which the advance notice is 6,760
sent, the amount of arrearages owed by the obligor as determined 6,761
by the court or the child support enforcement agency, the types 6,762
of withholding or deduction requirements and related notices 6,763
described in division (D) of this section or the types of court 6,764
orders described in division (D)(3), (D)(4), or (H) of this 6,766
section that will be issued to pay support and any arrearages, 6,767
and the amount that will be withheld or deducted pursuant to 6,768
those requirements; 6,769
(b) A statement that any notice for the withholding or 6,771
deduction of an amount from income or assets apply to all current 6,773
and subsequent payors of the obligor and financial institutions 6,775
in which the obligor has an account and that any withholding or 6,776
deduction requirement and related notice described in division 6,777
(D) of this section or any court order described in division 6,778
(D)(3), (D)(4), or (H) of this section that is issued will not be 6,780
discontinued solely because the obligor pays any arrearages; 6,781
(c) An explanation of the administrative and court action 6,783
that will take place if the obligor contests the inclusion of any 6,784
of the provisions; 6,785
(d) A statement that the contents of the advance notice 6,787
are final and are enforceable by the court unless the obligor 6,788
files with the child support enforcement agency, within seven 6,789
days after the date on which the advance notice is sent, a 6,790
written request for an administrative hearing to determine if a 6,791
mistake of fact was made in the notice. 6,792
(3) If the obligor requests a hearing regarding the 6,794
advance notice in accordance with division (B)(2)(d) of this 6,795
section, the child support enforcement agency shall conduct an 6,796
160
administrative hearing no later than ten days after the date on 6,797
which the obligor files the request for the hearing. No later 6,798
than five days before the date on which the hearing is to be 6,799
conducted, the agency shall send the obligor and the obligee 6,800
written notice of the date, time, place, and purpose of the 6,801
hearing. The notice to the obligor and obligee also shall 6,802
indicate that the obligor may present testimony and evidence at 6,803
the hearing only in regard to the issue of whether a mistake of 6,804
fact was made in the advance notice. 6,805
At the hearing, the child support enforcement agency shall 6,807
determine whether a mistake of fact was made in the advance 6,808
notice. If it determines that a mistake of fact was made, the 6,809
agency shall determine the provisions that should be changed and 6,810
included in a corrected notice and shall correct the advance 6,811
notice accordingly. The agency shall send its determinations to 6,812
the obligor. The agency's determinations are final and are 6,813
enforceable by the court unless, within seven days after the 6,814
agency makes its determinations, the obligor files a written 6,815
motion with the court for a court hearing to determine if a 6,816
mistake of fact still exists in the advance notice or corrected 6,817
advance notice. 6,818
(4) If, within seven days after the agency makes its 6,820
determinations under division (B)(3) of this section, the obligor 6,821
files a written motion for a court hearing to determine if a 6,822
mistake of fact still exists in the advance notice or the 6,823
corrected advance notice, the court shall hold a hearing on the 6,824
request as soon as possible, but no later than ten days, after 6,825
the request is filed. If the obligor requests a court hearing, 6,826
no later than five days before the date on which the court 6,827
hearing is to be held, the court shall send the obligor and the 6,828
obligee written notice by ordinary mail of the date, time, place, 6,829
and purpose of the court hearing. The hearing shall be limited 6,830
to a determination of whether there is a mistake of fact in the 6,831
advance notice or the corrected advance notice. 6,832
161
If, at a hearing conducted under this division, the court 6,834
detects a mistake of fact in the advance notice or the corrected 6,835
advance notice, it immediately shall correct the notice. 6,836
(5) Upon exhaustion of all rights of the obligor to 6,838
contest the withholding or deduction on the basis of a mistake of 6,839
fact and no later than the expiration of forty-five days after 6,840
the issuance of the advance notice under division (B)(1) of this 6,841
section, the court or child support enforcement agency shall 6,842
issue one or more notices requiring withholding or deduction of 6,843
income or assets of the obligor in accordance with divisions 6,845
(A)(2) and (D) of this section, or the court shall issue one or 6,846
more court orders imposing other appropriate requirements in 6,847
accordance with division (A)(2) and division (D)(3), (D)(4), or 6,849
(H) of this section. Thereafter, section 3113.212 of the Revised 6,850
Code applies in relation to the issuance of the notices and court 6,851
orders. The notices and court orders issued under this division 6,852
or section 3113.212 of the Revised Code are final and are 6,853
enforceable by the court. The court or agency shall send to the 6,854
obligor by ordinary mail a copy of the withholding or deduction 6,855
notice, in accordance with division (D) of this section. The 6,856
failure of the court or agency to give the notice required by 6,857
this division does not affect the ability of any court to issue 6,858
any notice or order under this section or any other section of 6,859
the Revised Code for the payment of support, does not provide any 6,860
defense to any notice or order for the payment of support that is 6,861
issued under this section or any other section of the Revised 6,862
Code, and does not affect any obligation to pay support. 6,863
(6) The department of job and family services shall adopt 6,865
standard forms for the advance notice prescribed by divisions 6,867
(B)(1) to (5) of this section. All courts and child support 6,868
enforcement agencies shall use those forms, and the support 6,869
withholding and deduction notice forms adopted under division 6,870
(A)(4) of this section, in complying with this section. 6,871
(C)(1) In any action in which support is ordered under 6,873
162
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 6,874
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 6,876
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 6,878
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 6,880
motion with the court that issued the order requesting the 6,881
issuance of one or more withholding or deduction notices as 6,882
described in division (D) of this section to pay the support due 6,883
under the order. The motion may be filed at any time after the 6,884
support order is issued. Upon the filing of a motion pursuant to 6,885
this division, the child support enforcement agency immediately 6,886
shall conduct, and shall complete within twenty days after the 6,887
motion is filed, an investigation in accordance with division 6,888
(B)(1)(b) of this section. Upon the completion of the 6,889
investigation and the filing of the agency's report under 6,890
division (B)(1)(b) of this section, the court shall issue one or 6,891
more appropriate orders described in division (D) of this 6,892
section. 6,893
(b) If any proceedings involving the support order are 6,895
commenced in the court and if the court has not issued any orders 6,896
under division (D) of this section as it existed prior to 6,898
December 31, 1993, with respect to the support order, if the 6,899
court determines that any orders issued under division (D) of 6,900
this section as it existed prior to December 31, 1993, no longer 6,902
are appropriate, if the court on or after December 31, 1993, has 6,904
not modified or reissued the support order under division (A) or 6,906
(B) of this section and issued any notices under division (D) or 6,907
court orders under division (D)(3) or (4) of this section, or if 6,909
the court on or after December 31, 1993, has modified or reissued 6,911
the support order under division (A) or (B) of this section and 6,912
issued one or more notices under division (D) or one or more 6,913
court orders under division (D)(3) or (4) of this section but 6,915
determines that the notices or court orders no longer are 6,916
appropriate, the court, prior to or during any hearings held with 6,917
163
respect to the proceedings and prior to the conclusion of the 6,918
proceedings, shall order the child support enforcement agency to 6,919
conduct an investigation pursuant to division (B)(1)(b) of this 6,920
section. Upon the filing of the findings of the agency following 6,921
the investigation, the court, as necessary, shall issue one or 6,922
more notices described in division (D) or one or more court 6,923
orders described in division (D)(3) or (4) of this section or 6,925
modify any notices previously issued under division (D) or any 6,926
court orders previously issued under division (D)(3) or (4) of 6,928
this section.
(c)(i) If a child support enforcement agency, in 6,930
accordance with section 3113.216 of the Revised Code, requests 6,931
the court to issue a revised child support order in accordance 6,932
with a revised amount of child support calculated by the agency, 6,933
the court shall proceed as described in this division. If 6,934
neither the obligor nor the obligee requests a court hearing on 6,935
the revised amount of child support, the court shall issue a 6,936
revised child support order requiring the obligor to pay the 6,937
revised amount of child support calculated by the agency. 6,938
However, if the obligor or the obligee requests a court hearing 6,939
on the revised amount of child support calculated by the agency, 6,940
the court, in accordance with division (C)(1)(c)(ii) of this 6,941
section, shall schedule and conduct a hearing to determine if the 6,942
revised amount of child support is the appropriate amount and if 6,943
the amount of child support being paid under the child support 6,944
order otherwise should be revised. 6,945
(ii) If the court is required to schedule and conduct a 6,947
hearing pursuant to division (C)(1)(c)(i) of this section, the 6,948
court shall give the obligor, obligee, and agency at least thirty 6,949
days' notice of the date, time, and location of the hearing; 6,950
order the obligor to provide the court with a copy of the 6,951
obligor's federal income tax return from the previous year, a 6,952
copy of all pay stubs obtained by the obligor within the 6,953
preceding six months, a copy of all other records evidencing the 6,955
164
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 6,956
health insurance and health care policies, contracts, and plans 6,957
available to the obligor and their costs, and the current health 6,958
insurance or health care policy, contract, or plan under which 6,959
the obligor is enrolled and its cost, if the obligor failed to 6,960
provide any of those documents to the agency, and order the 6,961
obligee to provide the court with a copy of the obligee's federal 6,962
income tax return from the previous year, a copy of all pay stubs 6,963
obtained by the obligee within the preceding six months, a copy 6,965
of all other records evidencing the receipt of any other salary, 6,966
wages, or compensation by the obligee within the preceding six 6,967
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 6,968
costs, and the current health insurance or health care policy, 6,969
contract, or plan under which the obligee is enrolled and its 6,970
cost, if the obligee failed to provide any of those documents to 6,972
the agency; give the obligor and the obligee notice that any 6,973
willful failure to comply with that court order is contempt of 6,974
court and, upon a finding by the court that the party is in 6,975
contempt of court, the court and the agency will take any action 6,976
necessary to obtain the information or make any reasonable 6,977
assumptions necessary with respect to the information the person 6,979
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 6,981
child support order requiring the obligor to pay the revised 6,982
amount of child support calculated by the agency, if the court 6,983
determines at the hearing that the revised amount of child 6,984
support calculated by the agency is the appropriate amount; and 6,985
determine the appropriate amount of child support and, if 6,986
necessary, issue a revised child support order requiring the 6,987
obligor to pay the amount of child support determined by the 6,988
court, if the court determines that the revised amount of child 6,989
support calculated by the agency is not the appropriate amount. 6,990
165
(iii) In determining, at a hearing conducted under 6,992
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 6,993
amount of child support to be paid by the obligor, the court 6,994
shall consider, in addition to all other factors required by law 6,995
to be considered, the appropriate person, whether it is the 6,996
obligor, obligee, or both, to be required in accordance with 6,997
section 3113.217 of the Revised Code to provide health insurance 6,999
coverage for the children specified in the order, and the cost of 7,000
health insurance which the obligor, the obligee, or both have 7,001
been ordered in accordance with section 3113.217 of the Revised 7,002
Code to obtain for the children specified in the order. 7,003
(d)(i) An obligee under a child support order may file a 7,006
motion with the court that issued the order requesting the court 7,007
to modify the order to require the obligor to obtain health 7,008
insurance coverage for the children who are the subject of the 7,009
order, and an obligor under a child support order may file a 7,010
motion with the court that issued the order requesting the court 7,011
to modify the order to require the obligee to obtain health 7,012
insurance coverage for those children. Upon the filing of such a 7,013
motion, the court shall order the child support enforcement 7,014
agency to conduct an investigation to determine whether the 7,015
obligor or obligee has satisfactory health insurance coverage for 7,016
the children. Upon completion of its investigation, the agency 7,017
shall inform the court, in writing, of its determination. If the 7,018
court determines that neither the obligor nor the obligee has 7,019
satisfactory health insurance coverage for the children, it shall 7,020
modify the child support order in accordance with section 7,022
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 7,025
file a motion with the court that issued the order requesting the 7,026
court to modify the amount of child support required to be paid 7,027
under the order because that amount does not adequately cover the 7,028
medical needs of the child. Upon the filing of such a motion, 7,029
the court shall determine whether the amount of child support 7,030
166
required to be paid under the order adequately covers the medical 7,031
needs of the child and whether to modify the order, in accordance 7,032
with division (B)(4) of section 3113.215 of the Revised Code. 7,033
(e) Whenever a court modifies, reviews, or otherwise 7,035
reconsiders a child support order, it may reconsider which parent 7,036
may claim the children who are the subject of the child support 7,037
order as dependents for federal income tax purposes as set forth 7,038
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 7,039
2085, 26 U.S.C. 1, as amended, and shall issue its determination 7,040
on this issue as part of the child support order. The court in 7,041
its order may permit the parent who is not the residential parent 7,042
and legal custodian to claim the children as dependents for 7,043
federal income tax purposes only if the payments for child 7,044
support are current in full as ordered by the court for the year 7,045
in which the children will be claimed as dependents. If the 7,046
court determines that the parent who is not the residential 7,047
parent and legal custodian may claim the children as dependents 7,048
for federal income tax purposes, it shall order the residential 7,049
parent to take whatever action is necessary pursuant to section 7,050
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 7,051
U.S.C. 1, as amended, to enable the parent who is not the 7,052
residential parent and legal custodian to claim the children as 7,053
dependents for federal income tax purposes in accordance with the 7,054
order of the court. Any willful failure of the residential 7,055
parent to comply with the order of the court is contempt of 7,056
court. 7,057
(f) When issuing or modifying a child support order, the 7,060
court shall include in the order all of the requirements, 7,061
specifications, and statements described in division (B) of 7,062
section 3113.218 of the Revised Code. If the obligor or obligee 7,063
does not request a court hearing on the revised amount of child 7,064
support determined by the agency and filed with the court 7,065
pursuant to section 3113.216 of the Revised Code and the court 7,067
modifies the order to include the revised amount pursuant to 7,068
167
division (C)(1)(c)(i) of this section, the modification shall 7,070
relate back to the first day of the month following the date 7,071
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 7,072
Code. If the obligor or obligee requests a court hearing on the 7,073
revised amount of child support pursuant to this section and 7,074
section 3113.216 of the Revised Code and the court, after 7,076
conducting a hearing, modifies the child support amount under the 7,077
order, the modification shall relate back to the first day of the 7,079
month following the date certain on which the review of the child 7,080
support order began pursuant to division (C)(1)(a) of section 7,081
3113.216 of the Revised Code. 7,082
(2) In any action in which a support order is issued under 7,084
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 7,086
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 7,087
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 7,088
Code, the court issuing the order also shall conduct a hearing, 7,089
prior to or at the time of the issuance of the support order, to 7,090
determine the employment status of the obligor, the obligor's 7,091
social security number, the name and business address of the 7,092
obligor's employer, and any other information necessary to enable 7,093
the court or a child support enforcement agency to issue any 7,094
withholding or deduction notice described in division (D) of this 7,095
section or for the court to issue a court order described in 7,096
division (D)(3) or (4) of this section. The court, prior to the 7,098
hearing, shall give the obligor notice of the hearing that shall 7,100
include the date on which the notice is given and notice that the 7,101
obligor is subject to a requirement for the withholding of a 7,102
specified amount from income if employed and to one or more other 7,103
types of withholding or deduction requirements described in 7,104
division (D) OF THIS SECTION or one or more types of court orders 7,105
described in division (D)(3) or (4) of this section and that the 7,108
obligor may present evidence and testimony at the hearing to 7,109
prove that any of the requirements would not be proper because of 7,110
168
a mistake of fact. 7,111
The court or child support enforcement agency, immediately 7,113
upon the court's completion of the hearing, shall issue one or 7,114
more of the types of notices described in division (D) of this 7,115
section imposing a withholding or deduction requirement, or the 7,116
court shall issue one or more types of court orders described in 7,117
division (D)(3) or (4) of this section. 7,118
(D) If a court or child support enforcement agency is 7,120
required under division (A), (B), or (C) of this section or any 7,121
other section of the Revised Code to issue one or more 7,122
withholding or deduction notices described in this division or 7,123
court orders described in division (D)(3) or (4) of this section, 7,125
the court shall issue one or more of the following types of 7,126
notices or court orders, or the agency shall issue one or more of 7,127
the following types of notices to pay the support required under 7,128
the support order in question and also, if required by any of 7,129
those divisions, any other section of the Revised Code, or the 7,130
court, to pay any arrearages: 7,131
(1)(a) If the court or the child support enforcement 7,133
agency determines that the obligor is receiving income from a 7,135
payor, the court or agency shall require the obligor's payor to 7,136
withhold from the obligor's income a specified amount for support 7,139
in satisfaction of the support order, to begin the withholding no 7,140
later than fourteen working days following the date the notice 7,142
was mailed to the employer under divisions (A)(2) or (B) and 7,143
(D)(1)(b) of this section or, if the payor is an employer, no 7,145
later than the first pay period that occurs after fourteen 7,146
working days following the date the notice was mailed, to send 7,147
the amount withheld to the division of child support in the 7,149
department of job and family services pursuant to section 7,151
5101.325 of the Revised Code, to send that amount to the division 7,153
immediately but not later than seven days after the date the 7,154
obligor is paid, and to continue the withholding at intervals 7,155
specified in the notice until further notice from the court or 7,156
169
child support enforcement agency. To the extent possible, the 7,157
amount specified in the notice to be withheld shall satisfy the 7,159
amount ordered for support in the support order plus any 7,160
arrearages that may be owed by the obligor under any prior 7,161
support order that pertained to the same child or spouse, 7,162
notwithstanding any applicable limitations of sections 2329.66, 7,164
2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code. 7,166
However, in no case shall the sum of the amount specified in the 7,167
notice to be withheld and any fee withheld by the payor as a 7,169
charge for its services exceed the maximum amount permitted under 7,170
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 7,171
1673(b).
(b) If the court or agency imposes a withholding 7,173
requirement under division (D)(1)(a) of this section, it, within 7,174
the applicable period of time specified in division (A), (B), or 7,175
(C) of this section, shall send to the obligor's payor by regular 7,178
mail a notice that contains all of the information set forth in 7,179
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 7,180
final and is enforceable by the court. The notice shall contain 7,181
all of the following:
(i) The amount to be withheld from the obligor's income 7,183
and a statement that the amount actually withheld for support and 7,185
other purposes, including the fee described in division 7,186
(D)(1)(b)(xi) of this section, shall not be in excess of the 7,187
maximum amounts permitted under section 303(b) of the "Consumer 7,188
Credit Protection Act," 15 U.S.C. 1673(b); 7,189
(ii) A statement that the payor is required to send the 7,192
amount withheld to the division of child support immediately, but 7,194
not later than seven working days, after the obligor is paid and 7,196
is required to report to the agency the date on which the amount 7,197
was withheld from the obligor's income; 7,198
(iii) A statement that the withholding is binding upon the 7,200
payor until further notice from the agency; 7,201
(iv) A statement that if the payor is an employer, the 7,204
170
payor is subject to a fine to be determined under the law of this 7,205
state for discharging the obligor from employment, refusing to 7,206
employ the obligor, or taking any disciplinary action against the 7,207
obligor because of the withholding requirement; 7,208
(v) A statement that, if the payor fails to withhold 7,210
income in accordance with the provisions of the notice, the payor 7,212
is liable for the accumulated amount the payor should have 7,214
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 7,216
the notice and under the provisions of this section has priority 7,217
over any other legal process under the law of this state against 7,218
the same income; 7,219
(vii) The date on which the notice was mailed and a 7,221
statement that the payor is required to implement the withholding 7,223
no later than fourteen working days following the date the notice 7,224
was mailed or, if the payor is an employer, no later than the 7,225
first pay period that occurs after fourteen working days 7,226
following the date the notice was mailed and is required to 7,227
continue the withholding at the intervals specified in the 7,228
notice;
(viii) A requirement that the payor promptly notify the 7,230
child support enforcement agency, in writing, within ten working 7,231
days after the date of any situation that occurs including 7,233
termination of employment, layoff of the obligor from employment, 7,234
any leave of absence of the obligor from employment without pay, 7,235
termination of workers' compensation benefits, or termination of 7,236
any pension, annuity, allowance, or retirement benefit, in which 7,238
the payor ceases to pay income in an amount sufficient to comply 7,241
with the order to the obligor, provide the agency with the 7,242
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 7,244
any new employer's or income source's name, address, and 7,245
telephone number, if known; 7,246
(ix) A requirement that, if the payor is an employer, THE 7,249
171
PAYOR identify in the notification given under division 7,250
(D)(1)(b)(viii) of this section any types of benefits other than 7,251
personal earnings that the obligor is receiving or is eligible to 7,252
receive as a benefit of employment or as a result of the 7,253
obligor's termination of employment, including, but not limited 7,254
to, unemployment compensation, workers' compensation benefits, 7,255
severance pay, sick leave, lump-sum payments of retirement 7,256
benefits or contributions, and bonuses or profit-sharing payments 7,257
or distributions, and the amount of such benefits, and include in 7,258
the notification the obligor's last known address and telephone 7,259
number, date of birth, social security number, and court case 7,260
number and, if known, the name and business address of any new 7,261
employer of the obligor;
(x) A requirement that, no later than the earlier of 7,263
forty-five days before the lump-sum payment is to be made or, if 7,264
the obligor's right to the lump-sum payment is determined less 7,265
than forty-five days before it is to be made, the date on which 7,266
that determination is made, the payor notify the child support 7,268
enforcement agency of any lump-sum payments of any kind of one 7,270
hundred fifty dollars or more that are to be paid to the obligor, 7,271
hold the lump-sum payments of one hundred fifty dollars or more 7,273
for thirty days after the date on which the lump-sum payments 7,274
otherwise would have been paid to the obligor and, upon order of 7,276
the court, pay any specified amount of the lump-sum payment to 7,277
the division of child support;
(xi) A statement that, in addition to the amount withheld 7,279
for support, the payor may withhold a fee from the obligor's 7,281
income as a charge for its services in complying with the notice 7,284
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 7,286
division (D)(1)(b) of this section to the obligor and shall 7,287
attach to the notice an additional notice requiring the obligor 7,288
immediately to notify the child support enforcement agency, in 7,289
writing, of any change in the obligor's income source and of the 7,290
172
availability of any other sources of income that can be the 7,292
subject of any withholding or deduction requirement described in 7,293
division (D) of this section. The court or agency shall serve 7,294
the notices upon the obligor at the same time as service of the 7,295
support order or, if the support order previously has been 7,296
issued, shall send the notices to the obligor by regular mail at 7,297
the last known address at the same time that it sends the notice 7,298
described in division (D)(1)(b) of this section to the payor. 7,299
The notification required of the obligor shall include a 7,300
description of the nature of any new employment or income source, 7,301
the name, business address, and telephone number of any new 7,302
employer or income source, and any other information reasonably 7,304
required by the court. No obligor shall fail to give the 7,305
notification required by division (D)(1)(c) of this section. 7,306
(2)(a) If the court or child support enforcement agency 7,308
determines that the obligor has funds on deposit in any account 7,309
in a financial institution under the jurisdiction of the court, 7,310
the court or agency may require any financial institution in 7,311
which the obligor's funds are on deposit to deduct from the 7,312
obligor's account a specified amount for support in satisfaction 7,313
of the support order, to begin the deduction no later than 7,314
fourteen working days following the date the notice was mailed to 7,315
the financial institution under divisions (A)(2) or (B) and 7,316
(D)(2)(b) of this section, to send the amount deducted to the 7,318
division of child support in the department of job and family 7,320
services pursuant to section 5101.325 of the Revised Code, to 7,321
send that amount to the division immediately but not later than 7,323
seven working days after the date the latest deduction was made, 7,325
to provide the date on which the amount was deducted, and to 7,326
continue the deduction at intervals specified in the notice until 7,327
further notice from the court or child support enforcement 7,328
agency. To the extent possible, the amount specified in the 7,330
notice to be deducted shall satisfy the amount ordered for 7,331
support in the support order plus any arrearages that may be owed 7,332
173
by the obligor under any prior support order that pertained to 7,333
the same child or spouse, notwithstanding the limitations of 7,334
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 7,335
(b) If the court or agency imposes a withholding 7,337
requirement under division (D)(2)(a) of this section, it, within 7,339
the applicable period of time specified in division (A), (B), or 7,340
(C) of this section, shall send to the financial institution by 7,341
regular mail a notice that contains all of the information set 7,342
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 7,344
notice is final and is enforceable by the court. The notice 7,345
shall contain all of the following: 7,346
(i) The amount to be deducted from the obligor's account; 7,348
(ii) A statement that the financial institution is 7,350
required to send the amount deducted to the division of child 7,351
support immediately, but not later than seven working days, after 7,354
the date the last deduction was made and is required to report to 7,355
the child support enforcement agency the date on which the amount 7,356
was deducted from the obligor's account; 7,357
(iii) A statement that the deduction is binding upon the 7,359
financial institution until further notice from the court or 7,360
agency; 7,361
(iv) A statement that the withholding in accordance with 7,363
the notice and under the provisions of this section has priority 7,364
over any other legal process under the law of this state against 7,365
the same account; 7,366
(v) The date on which the notice was mailed and a 7,368
statement that the financial institution is required to implement 7,369
the deduction no later than fourteen working days following the 7,370
date the notice was mailed and is required to continue the 7,371
deduction at the intervals specified in the notice; 7,372
(vi) A requirement that the financial institution promptly 7,374
notify the child support enforcement agency, in writing, within 7,375
ten days after the date of any termination of the account from 7,376
which the deduction is being made and notify the agency, in 7,377
174
writing, of the opening of a new account at that financial 7,378
institution, the account number of the new account, the name of 7,379
any other known financial institutions in which the obligor has 7,380
any accounts, and the numbers of those accounts; 7,381
(vii) A requirement that the financial institution include 7,383
in all notices the obligor's last known mailing address, last 7,384
known residence address, and social security number; 7,385
(viii) A statement that, in addition to the amount 7,387
deducted for support, the financial institution may deduct a fee 7,388
from the obligor's account as a charge for its services in 7,389
complying with the notice and a specification of the amount that 7,390
may be deducted. 7,391
(c) The court or agency shall send the notice described in 7,393
division (D)(2)(b) of this section to the obligor and shall 7,394
attach to the notice an additional notice requiring the obligor 7,395
immediately to notify the child support enforcement agency, in 7,396
writing, of any change in the status of the account from which 7,397
the amount of support is being deducted or the opening of a new 7,398
account with any financial institution, of commencement of 7,399
employment, including self-employment, or of the availability of 7,400
any other sources of income that can be the subject of any 7,401
withholding or deduction requirement described in division (D) of 7,402
this section. The court or agency shall serve the notices upon 7,403
the obligor at the same time as service of the support order or, 7,404
if the support order previously has been issued, shall send the 7,405
notices to the obligor by regular mail at the last known address 7,406
at the same time that it sends the notice described in division 7,407
(D)(2)(b) of this section to the financial institution. The 7,409
additional notice also shall specify that upon commencement of 7,411
employment, the obligor may request the court or child support 7,412
enforcement agency to cancel its financial institution account 7,413
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 7,415
accordance with division (D)(1) of this section and that upon
175
commencement of employment the court may cancel its financial 7,416
institution account deduction notice under division (D)(2)(b) of 7,418
this section and instead will issue a notice requiring the 7,419
withholding of an amount from personal earnings for support in 7,421
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 7,422
of the nature of any new accounts opened at a financial 7,423
institution under the jurisdiction of the court, the name and 7,424
business address of that financial institution, a description of 7,425
the nature of any new employment or income source, the name, 7,426
business address, and telephone number of any new employer or 7,428
income source, and any other information reasonably required by 7,430
the court.
(3) The court may issue an order requiring the obligor to 7,432
enter into a cash bond with the court. The court shall issue the 7,433
order as part of the support order or, if the support order 7,434
previously has been issued, as a separate order. Any cash bond 7,435
so required shall be in a sum fixed by the court at not less than 7,436
five hundred nor more than ten thousand dollars, conditioned that 7,437
the obligor will make payment as previously ordered and will pay 7,438
any arrearages under any prior support order that pertained to 7,439
the same child or spouse. The order, along with an additional 7,440
order requiring the obligor to immediately notify the child 7,441
support enforcement agency, in writing, if the obligor begins to 7,442
receive income from a payor, shall be attached to, and shall be 7,444
served upon the obligor at the same time as service of, the 7,445
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 7,446
this division. The additional order also shall specify that when 7,447
the obligor begins to receive income from a payor the obligor may 7,449
request the court to cancel its bond order and instead issue a 7,450
notice requiring the withholding of an amount from income for 7,453
support in accordance with division (D)(1) of this section and 7,454
that when the obligor begins to receive income from a payor the 7,455
176
court will proceed to collect on the bond, if the court 7,456
determines that payments due under the support order have not 7,457
been made and that the amount that has not been paid is at least 7,458
equal to the support owed for one month under the support order, 7,459
and will issue a notice requiring the withholding of an amount 7,460
from income for support in accordance with division (D)(1) of 7,463
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 7,464
name and business address of any new employer, and any other 7,465
information reasonably required by the court. 7,466
The court shall not order an obligor to post a cash bond 7,468
under this division unless the court determines that the obligor 7,469
has the ability to do so. A child support enforcement agency 7,470
shall not issue an order of the type described in this division. 7,471
If a child support enforcement agency is required to issue a 7,472
withholding or deduction notice under division (D) of this 7,473
section but the agency determines that no notice of the type 7,474
described in division (D)(1) or (2) of this section would be 7,476
appropriate, the agency may request the court to issue a court 7,477
order under this division, and, upon the request, the court may 7,478
issue an order as described in this division. 7,479
(4) If the obligor is unemployed, has no income, and does 7,481
not have an account at any financial institution, or on request 7,482
of a child support enforcement agency made under section 3111.231 7,483
of the Revised Code, the court shall issue an order requiring the 7,485
obligor, if able to engage in employment, to seek employment or 7,486
participate in a work activity to which a recipient of assistance 7,487
under Title IV-A of the "Social Security Act," 49 Stat. 620 7,488
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 7,489
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 7,490
607(d), as amended. The court shall include in the order a 7,492
requirement that the obligor notify the child support enforcement 7,493
agency upon obtaining employment, upon obtaining any income, or 7,494
upon obtaining ownership of any asset with a value of five 7,495
177
hundred dollars or more. The court may issue the order 7,496
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 7,497
"Social Security Act." The court shall issue the order as part 7,499
of a support order or, if a support order previously has been 7,501
issued, as a separate order. If a child support enforcement 7,503
agency is required to issue a withholding or deduction notice 7,504
under division (D) of this section but the agency determines that 7,505
no notice of the type described in division (D)(1) or (2) of this 7,506
section would be appropriate, the agency may request the court to 7,508
issue a court order under division (D)(4) of this section, and, 7,509
upon the request, the court may issue an order as described in 7,511
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 7,514
the child support enforcement agency of the county in which the 7,515
obligor resides shall oversee the obligor's participation in 7,516
accordance with rules the director of job and family services 7,517
shall adopt in accordance with Chapter 119. of the Revised Code. 7,518
A child support enforcement agency may contract with one or more 7,519
governmental agencies or persons to carry out some or all of its 7,520
oversight duties. 7,521
(E) If a court or child support enforcement agency is 7,523
required under division (A), (B), or (C) of this section or any 7,524
other section of the Revised Code to issue one or more notices or 7,525
court orders described in division (D) of this section, the court 7,526
or agency to the extent possible shall issue a sufficient number 7,527
of notices or court orders under division (D) of this section to 7,528
provide that the aggregate amount withheld or deducted under 7,529
those notices or court orders satisfies the amount ordered for 7,530
support in the support order plus any arrearages that may be owed 7,531
by the obligor under any prior support order that pertained to 7,532
the same child or spouse, notwithstanding any applicable 7,533
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 7,535
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 7,537
178
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 7,539
and any fees withheld pursuant to the notice as a charge for 7,540
services exceed the maximum amount permitted under section 303(b) 7,541
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 7,542
(F)(1) Any withholding or deduction requirement that is 7,544
contained in a notice described in division (D) of this section 7,545
and that is required to be issued by division (A), (B), or (C) of 7,546
this section or any other section of the Revised Code has 7,547
priority over any order of attachment, any order in aid of 7,548
execution, and any other legal process issued under state law 7,549
against the same earnings, payments, or account. 7,550
(2) When a payor receives two or more withholding notices 7,552
that are described in division (D)(1) of this section and that 7,554
are required to be issued by division (A), (B), or (C) of this 7,555
section or any other section of the Revised Code, the payor shall 7,558
comply with all of the requirements contained in the notices to 7,559
the extent that the total amount withheld from the obligor's 7,560
income does not exceed the maximum amount permitted under section 7,562
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 7,563
1673(b), withhold amounts in accordance with the allocation set 7,564
forth in divisions (F)(2)(a) and (b) of this section, notify each 7,565
court or child support enforcement agency that issued one of the 7,566
notices of the allocation, and give priority to amounts 7,567
designated in each notice as current support in the following 7,568
manner:
(a) If the total of the amounts designated in the notices 7,570
as current support exceeds the amount available for withholding 7,571
under section 303(b) of the "Consumer Credit Protection Act," 15 7,572
U.S.C. 1673(b), the payor shall allocate to each notice an amount 7,573
for current support equal to the amount designated in that notice 7,575
as current support multiplied by a fraction in which the 7,576
numerator is the amount of income available for withholding and 7,577
the denominator is the total amount designated in all of the 7,578
179
notices as current support.
(b) If the total of the amounts designated in the notices 7,580
as current support does not exceed the amount available for 7,581
withholding under section 303(b) of the "Consumer Credit 7,582
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 7,584
the amounts designated as current support in the notices and 7,585
shall allocate to each notice an amount for past-due support 7,586
equal to the amount designated in that notice as past-due support 7,587
multiplied by a fraction in which the numerator is the amount of 7,588
income remaining available for withholding after the payment of 7,590
current support and the denominator is the total amount 7,591
designated in all of the notices as past-due support. 7,592
(G)(1) Except when a provision specifically authorizes or 7,594
requires service other than as described in this division, 7,595
service of any notice on any party, a financial institution, or 7,597
payor, for purposes of division (A), (B), (C), or (D) of this 7,599
section, shall be made by ordinary first class mail directed to 7,600
the addressee at the last known address, or, in the case of a 7,601
corporation, at its usual place of doing business. A notice 7,602
shall be considered to have been served when it is mailed. 7,603
(2) Each party to a support order shall notify the child 7,605
support enforcement agency of the party's current mailing 7,606
address, current residence address, current residence telephone 7,608
number, and current driver's license number, at the time of the 7,609
issuance or modification of the order and, until further notice 7,610
of the court that issues the order, shall notify the agency of 7,611
any change in that information immediately after the change 7,612
occurs. Any willful failure to comply with this division is 7,614
contempt of court. No person shall fail to give the notice 7,615
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 7,617
order, that is subject to this section shall contain a notice 7,619
that states the following in boldfaced type and in all capital 7,620
letters:
180
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 7,623
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 7,624
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 7,625
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 7,626
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 7,627
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 7,628
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 7,629
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 7,630
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 7,632
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 7,633
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 7,635
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 7,636
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 7,638
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 7,639
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 7,640
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 7,642
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 7,643
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 7,644
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 7,645
(4)(a) The parent who is the residential parent and legal 7,647
custodian of a child for whom a support order is issued or the 7,648
person who otherwise has custody of a child for whom a support 7,649
order is issued immediately shall notify, and the obligor under a 7,650
support order may notify, the child support enforcement agency of 7,651
any reason for which the support order should terminate, 7,652
including, but not limited to, the child's attainment of the age 7,653
of majority if the child no longer attends an accredited high 7,654
school on a full-time basis and the support order does not 7,655
provide for the duty of support to continue past the age of 7,656
majority; the child ceasing to attend such a high school on a 7,657
full-time basis after attaining the age of majority, if the 7,659
support order does not provide for the duty of support to
181
continue past the age of majority; or the death, marriage, 7,660
emancipation, enlistment in the armed services, deportation, or 7,661
change of legal or physical custody of the child. A willful 7,662
failure to notify the child support enforcement agency as 7,663
required by this division is contempt of court. Upon receipt of 7,664
a notice pursuant to this division, the agency immediately shall 7,665
conduct an investigation to determine if any reason exists for 7,666
which the support order should terminate. The agency may conduct 7,667
such an investigation regardless of whether it received notice 7,668
under this division. If the agency determines the order should 7,669
terminate, it immediately shall notify the court that issued the 7,670
support order of the reason for which the support order should 7,671
terminate.
(b) Upon receipt of a notice given pursuant to division 7,673
(G)(4)(a) of this section, the court shall order the division of 7,674
child support to impound any funds received for the child 7,676
pursuant to the support order and the court shall set the case 7,678
for a hearing for a determination of whether the support order 7,679
should be terminated or modified or whether the court should take 7,680
any other appropriate action.
(c) If the court terminates a support order pursuant to 7,682
divisions (G)(4)(a) and (b) of this section, the termination of 7,683
the support order also terminates any withholding or deduction 7,684
order as described in division (D) or (H) of this section issued 7,685
prior to December 31, 1993, and any withholding or deduction 7,687
notice as described in division (D) OF THIS SECTION or court 7,688
order as described in division (D)(3), (D)(4), or (H) of this 7,689
section issued on or after December 31, 1993. Upon the 7,690
termination of any withholding or deduction order or any 7,691
withholding or deduction notice, the court immediately shall 7,692
notify the appropriate child support enforcement agency that the 7,693
order or notice has been terminated, and the agency immediately 7,694
shall notify each payor or financial institution required to 7,695
withhold or deduct a sum of money for the payment of support 7,697
182
under the terminated withholding or deduction order or notice 7,699
that the order or notice has been terminated and that it is 7,700
required to cease all withholding or deduction under the order or 7,701
notice.
(d) The director of job and family services shall adopt 7,704
rules that provide for both of the following: 7,705
(i) The return to the appropriate person of any funds that 7,707
a court has ordered impounded under division (G)(4)(b) of this 7,708
section if the support order under which the funds were paid has 7,709
been terminated pursuant to divisions (G)(4)(a) and (b) of this 7,710
section; 7,711
(ii) The return to the appropriate person of any other 7,713
payments made pursuant to a support order if the payments were 7,714
made at any time after the support order under which the funds 7,715
were paid has been terminated pursuant to divisions (G)(4)(a) and 7,716
(b) of this section. 7,717
(5) If any party to a support order requests a 7,719
modification of the order or if any obligee under a support order 7,720
or any person on behalf of the obligee files any action to 7,721
enforce a support order, the court shall notify the child support 7,722
enforcement agency that is administering the support order or 7,723
that will administer the order after the court's determination of 7,724
the request or the action, of the request or the filing. 7,725
(6) When a child support enforcement agency receives any 7,727
notice under division (G) of section 2151.23, section 2301.37, 7,728
division (E) of section 3105.18, division (C) of section 3105.21, 7,729
division (A) of section 3109.05, division (F) of section 3111.13, 7,730
division (B) of section 3113.04, section 3113.21, section 7,731
3113.211, section 3113.212, division (K) of section 3113.31, or 7,732
division (C)(3) of section 3115.31 of the Revised Code, it shall 7,734
issue the most appropriate notices under division (D) of this 7,735
section. Additionally, it shall do all of the following: 7,736
(a) If the obligor is subject to a withholding notice 7,738
issued under division (D)(1) of this section and the notice 7,739
183
relates to the obligor's change of employment, send a withholding 7,740
notice under that division to the new employer of the obligor as 7,741
soon as the agency obtains knowledge of that employer; 7,742
(b) If the notification received by the agency specifies 7,744
that a lump-sum payment of one hundred fifty dollars or more is 7,746
to be paid to the obligor, notify the court of the receipt of the 7,747
notice and its contents. The agency may notify the court if the 7,749
notification specifies that a lump-sum payment of less than one 7,750
hundred fifty dollars is to be paid to the obligor. 7,751
(c) Comply with section 3113.212 of the Revised Code, as 7,753
appropriate. 7,754
(H)(1)(a) For purposes of division (D)(1) of this section, 7,756
when a person who fails to comply with a support order that is 7,757
subject to that division derives income from self-employment or 7,758
commission, is employed by an employer not subject to the 7,759
jurisdiction of the court, or is in any other employment 7,760
situation that makes the application of that division 7,761
impracticable, the court may require the person to enter into a 7,762
cash bond to the court in a sum fixed by the court at not less 7,763
than five hundred nor more than ten thousand dollars, conditioned 7,764
that the person will make payment as previously ordered. 7,765
(b) When a court determines at a hearing conducted under 7,767
division (B) of this section, or a child support enforcement 7,768
agency determines at a hearing or pursuant to an investigation 7,769
conducted under division (B) of this section, that the obligor 7,770
under the order in relation to which the hearing or investigation 7,771
is conducted is unemployed and has no other source of income and 7,772
no assets so that the application of divisions (B) and (D) of 7,773
this section would be impracticable, the court shall issue an 7,774
order as described in division (D)(4) of this section and shall 7,776
order the obligor to notify the child support enforcement agency 7,777
in writing immediately of the receipt of any source of income or 7,779
of the opening of an account in a financial institution, and to 7,780
include in the notification a description of the nature of the 7,781
184
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 7,782
information reasonably required by the court. 7,783
(2) When a court determines, at a hearing conducted under 7,785
division (C)(2) of this section, that an obligor is unemployed, 7,786
is not receiving workers' compensation payments, does not have an 7,787
account in a financial institution, and has no other source of 7,788
income and no assets so that the application of divisions (C)(2) 7,789
and (D) of this section would be impracticable, the court shall 7,790
issue an order as described in division (D)(4) of this section 7,791
and shall order the obligor to notify the child support 7,792
enforcement agency, in writing, immediately of the receipt of any 7,793
source of income or of the opening of an account in a financial 7,794
institution, and to include in the notification a description of 7,795
the nature of the employment or income source, the name, business 7,796
address, and telephone number of the employer or income source or 7,798
the name, address, and telephone number of the financial 7,799
institution, and any other information reasonably required by the 7,800
court. 7,801
(3)(a) Upon receipt of a notice from a child support 7,803
enforcement agency under division (G)(6) of this section that a 7,804
lump-sum payment is to be paid to the obligor, the court shall do 7,806
either of the following:
(i) If the obligor is in default under the support order 7,808
or has any unpaid arrearages under the support order, issue an 7,809
order requiring the transmittal of the lump-sum payment to the 7,810
division of child support. 7,811
(ii) If the obligor is not in default under the support 7,813
order and does not have any unpaid arrearages under the support 7,814
order, issue an order directing the person who gave the notice to 7,815
the court to immediately pay the full amount of the lump-sum 7,816
payment to the obligor. 7,817
(b) Upon receipt of any moneys pursuant to division 7,819
(H)(3)(a) of this section, the division of child support shall 7,821
185
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 7,822
within two business days after its receipt of the money, any 7,823
amount that is remaining after the payment of the arrearages to 7,824
the obligor. 7,825
(c) Any court that issued an order prior to December 1, 7,827
1986, requiring an employer to withhold an amount from an 7,828
obligor's personal earnings for the payment of support shall 7,829
issue a supplemental order that does not change the original 7,830
order or the related support order requiring the employer to do 7,831
all of the following: 7,832
(i) No later than the earlier of forty-five days before a 7,834
lump-sum payment is to be made or, if the obligor's right to a 7,835
lump-sum payment is determined less than forty-five days before 7,836
it is to be made, the date on which that determination is made, 7,837
notify the child support enforcement agency of any lump-sum 7,838
payment of any kind of one hundred fifty dollars or more that is 7,840
to be paid to the obligor; 7,841
(ii) Hold the lump-sum payment for thirty days after the 7,843
date on which it would otherwise be paid to the obligor, if the 7,844
lump-sum payment is sick pay, a lump-sum payment of retirement 7,845
benefits or contributions, or profit-sharing payments or 7,846
distributions; 7,847
(iii) Upon order of the court, pay any specified amount of 7,849
the lump-sum payment to the division of child support. 7,850
(d) If an employer knowingly fails to notify the child 7,852
support enforcement agency in accordance with division (D) of 7,853
this section of any lump-sum payment to be made to an obligor, 7,854
the employer is liable for any support payment not made to the 7,855
obligee as a result of its knowing failure to give the notice as 7,856
required by that division. 7,857
(I)(1) Any support order, or modification of a support 7,859
order, that is subject to this section shall contain the date of 7,860
birth and social security number of the obligor. 7,861
186
(2) No withholding or deduction notice described in 7,863
division (D) OF THIS SECTION or court order described in division 7,864
(D)(3) or (4) of this section shall contain any information other 7,866
than the information specifically required by division (A), (B), 7,867
(C), or (D) of this section or by any other section of the 7,868
Revised Code and any additional information that the issuing 7,869
court determines may be necessary to comply with the notice. 7,870
(J) No withholding or deduction notice described in 7,872
division (D) OF THIS SECTION or court order described in division 7,873
(D)(3) or (4) of this section and issued under division (A), (B), 7,875
or (C) of this section or any other section of the Revised Code 7,876
shall be terminated solely because the obligor pays any part or 7,877
all of the arrearages under the support order. 7,878
(K)(1) Except as provided in division (K)(2) of this 7,880
section and section 2301.42 of the Revised Code and the rules 7,881
adopted pursuant to division (C) of that section, if child 7,882
support arrearages are owed by an obligor to the obligee and to 7,883
the department of job and family services, any payments received 7,885
on the arrearages by the division of child support first shall be 7,887
paid to the obligee until the arrearages owed to the obligee are
paid in full. 7,888
(2) Division (K)(1) of this section does not apply to the 7,890
collection of past-due child support from refunds of paid federal 7,891
taxes pursuant to section 5101.32 of the Revised Code or of 7,892
overdue child support from refunds of paid state income taxes 7,893
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 7,894
(L)(1) Each court with jurisdiction to issue support 7,896
orders or orders establishing the existence or nonexistence of a 7,897
parent and child relationship shall establish rules of court to 7,898
ensure that the following percentage of all actions to establish 7,899
the existence or nonexistence of a parent and child relationship, 7,900
to establish a support requirement, or to modify a previously 7,901
issued support order be completed within the following time 7,902
limits:
187
(a) Seventy-five per cent of all of the actions shall be 7,904
completed within six months after they were initially filed; 7,906
(b) Ninety per cent of all of the actions shall be 7,908
completed within twelve months after they were initially filed. 7,910
(2) If a case involves complex legal issues requiring full 7,912
judicial review, the court shall issue a temporary support order 7,913
within the time limits set forth in division (L)(1) of this 7,914
section, which temporary order shall be in effect until a final 7,915
support order is issued in the case. All cases in which the 7,916
imposition of a notice or order under division (D) of this 7,917
section is contested shall be completed within the period of time 7,918
specified by law for completion of the case. The failure of a 7,919
court to complete a case within the required period does not 7,920
affect the ability of any court to issue any order under this 7,921
section or any other section of the Revised Code for the payment 7,922
of support, does not provide any defense to any order for the 7,923
payment of support that is issued under this section or any other 7,924
section of the Revised Code, and does not affect any obligation 7,925
to pay support. 7,926
(3)(a) In any Title IV-D case, the judge, when necessary 7,928
to satisfy the federal requirement of expedited process for 7,929
obtaining and enforcing support orders, shall appoint magistrates 7,931
to make findings of fact and recommendations for the judge's 7,932
approval in the case. All magistrates appointed pursuant to this 7,934
division shall be attorneys admitted to the practice of law in 7,935
this state. If the court appoints a magistrate pursuant to this 7,936
division, the court may appoint any additional administrative and 7,937
support personnel for the magistrate. 7,938
(b) Any magistrate appointed pursuant to division 7,940
(L)(3)(a) of this section may perform any of the following 7,942
functions:
(i) The taking of testimony and keeping of a record in the 7,944
case; 7,945
(ii) The evaluation of evidence and the issuance of 7,947
188
recommendations to establish, modify, and enforce support orders; 7,948
(iii) The acceptance of voluntary acknowledgments of 7,950
support liability and stipulated agreements setting the amount of 7,951
support to be paid; 7,952
(iv) The entering of default orders if the obligor does 7,954
not respond to notices in the case within a reasonable time after 7,955
the notices are issued; 7,956
(v) Any other functions considered necessary by the court. 7,958
(4) The child support enforcement agency may conduct 7,960
administrative reviews of support orders to obtain voluntary 7,961
notices or court orders under division (D) of this section and to 7,962
correct any errors in the amount of any arrearages owed by an 7,963
obligor. The obligor and the obligee shall be notified of the 7,964
time, date, and location of the administrative review at least 7,965
fourteen days before it is held. 7,966
(M)(1) The termination of a support obligation or a 7,968
support order does not abate the power of any court to collect 7,969
overdue and unpaid support or to punish any person for a failure 7,971
to comply with an order of the court or to pay any support as 7,972
ordered in the terminated support order and does not abate the 7,973
authority of a child support enforcement agency to issue, in 7,974
accordance with this section, any notice described in division 7,975
(D) of this section or of a court to issue, in accordance with 7,976
this section, any court order as described in division (D)(3) or 7,977
(4) of this section to collect any support due or arrearage under 7,978
the support order. 7,980
(2) Any court that has the authority to issue a support 7,982
order shall have all powers necessary to enforce that support 7,983
order, and all other powers, set forth in this section. 7,984
(3) Except as provided in division (M)(4) of this section, 7,986
a court may not retroactively modify an obligor's duty to pay a 7,987
delinquent support payment. 7,988
(4) A court with jurisdiction over a support order may 7,990
modify an obligor's duty to pay a support payment that becomes 7,991
189
due after notice of a petition to modify the support order has 7,992
been given to each obligee and to the obligor before a final 7,993
order concerning the petition for modification is entered. 7,994
(N) If an obligor is in default under a support order and 7,996
has a claim against another person of more than one thousand 7,997
dollars, the obligor shall notify the child support enforcement 7,998
agency of the claim, the nature of the claim, and the name of the 7,999
person against whom the claim exists. If an obligor is in 8,000
default under a support order and has a claim against another 8,001
person or is a party in an action for any judgment, the child 8,002
support enforcement agency or the agency's attorney, on behalf of 8,003
the obligor, immediately shall file with the court in which the 8,004
action is pending a motion to intervene in the action or a 8,005
creditor's bill. The motion to intervene shall be prepared and 8,006
filed pursuant to Civil Rules 5 and 24(A) and (C). 8,007
Nothing in this division shall preclude an obligee from 8,009
filing a motion to intervene in any action or a creditor's bill. 8,010
(O) If an obligor is receiving unemployment compensation 8,012
benefits, an amount may be deducted from those benefits for 8,013
purposes of child support, in accordance with section SECTIONS 8,014
2301.371 and division (D)(4) of section 4141.28 4141.282 of the 8,016
Revised Code. Any deduction from a source in accordance with 8,018
those provisions is in addition to, and does not preclude, any 8,019
withholding or deduction for purposes of support under divisions 8,020
(A) to (N) of this section. 8,021
(P) As used in this section, and in sections 3113.211 to 8,023
3113.219 of the Revised Code: 8,024
(1) "Financial institution" means a bank, savings and loan 8,026
association, or credit union, or a regulated investment company 8,027
or mutual fund in which a person who is required to pay child 8,028
support has funds on deposit that are not exempt under the law of 8,029
this state or the United States from execution, attachment, or 8,030
other legal process. 8,031
(2) "Title IV-D case" means any case in which the child 8,033
190
support enforcement agency is enforcing the child support order 8,034
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 8,035
2351 (1975), 42 U.S.C. 651, as amended. 8,036
(3) "Obligor" means the person who is required to pay 8,038
support under a support order. 8,039
(4) "Obligee" means the person who is entitled to receive 8,041
the support payments under a support order. 8,042
(5) "Support order" means an order for the payment of 8,044
support and, for orders issued or modified on or after December 8,045
31, 1993, includes any notices described in division (D) or (H) 8,046
of this section that are issued in accordance with this section. 8,047
(6) "Support" means child support, spousal support, and 8,049
support for a spouse or former spouse. 8,050
(7) "Personal earnings" means compensation paid or payable 8,052
for personal services, however denominated, and includes, but is 8,053
not limited to, wages, salary, commissions, bonuses, draws 8,054
against commissions, profit sharing, and vacation pay. 8,055
(8) "Default" has the same meaning as in section 2301.34 8,057
of the Revised Code. 8,058
(9) "Payor" means any person or entity that pays or 8,061
distributes income to an obligor, including the obligor, if the 8,062
obligor is self-employed; an employer; an employer that is paying 8,063
the obligor's workers' compensation benefits; the public 8,064
employees retirement board; the board of trustees, or other 8,065
governing entity of a municipal retirement system; the board of 8,066
trustees of the Ohio police and fire pension fund; the state 8,067
teachers retirement board; the school employees retirement board; 8,069
the state highway patrol retirement board; the bureau of workers' 8,070
compensation; or any other person or entity, except the 8,072
department of job and family services with respect to 8,073
unemployment compensation benefits paid pursuant to Chapter 4141. 8,074
of the Revised Code.
(Q) As used in this section, "income" means any form of 8,077
monetary payment, including personal earnings; workers' 8,078
191
compensation payments; unemployment compensation benefits to the 8,080
extent permitted by, and in accordance with, section SECTIONS 8,081
2301.371 of the Revised Code, division (D)(4) of section 4141.28 8,082
AND 4141.282 of the Revised Code, and federal law governing the 8,084
department of job and family services; pensions; annuities; 8,085
allowances; private or governmental retirement benefits; 8,087
disability or sick pay; insurance proceeds; lottery prize awards; 8,088
federal, state, or local government benefits to the extent that 8,089
the benefits can be withheld or deducted under the law governing 8,090
the benefits; any form of trust fund or endowment; lump-sum 8,091
payments; and any other payment in money. 8,092
Sec. 4141.01. As used in this chapter, unless the context 8,101
otherwise requires: 8,102
(A)(1) "Employer" means the state, its instrumentalities, 8,104
its political subdivisions and their instrumentalities, and any 8,105
individual or type of organization including any partnership, 8,106
limited liability company, association, trust, estate, 8,107
joint-stock company, insurance company, or corporation, whether 8,109
domestic or foreign, or the receiver, trustee in bankruptcy, 8,110
trustee, or the successor thereof, or the legal representative of 8,111
a deceased person who subsequent to December 31, 1971, or in the 8,112
case of political subdivisions or their instrumentalities, 8,113
subsequent to December 31, 1973: 8,114
(a) Had in employment at least one individual, or in the 8,116
case of a nonprofit organization, subsequent to December 31, 8,117
1973, had not less than four individuals in employment for some 8,118
portion of a day in each of twenty different calendar weeks, in 8,119
either the current or the preceding calendar year whether or not 8,120
the same individual was in employment in each such day; or 8,121
(b) Except for a nonprofit organization, had paid for 8,123
service in employment wages of fifteen hundred dollars or more in 8,124
any calendar quarter in either the current or preceding calendar 8,125
year; or 8,126
(c) Had paid, subsequent to December 31, 1977, for 8,128
192
employment in domestic service in a local college club, or local 8,129
chapter of a college fraternity or sorority, cash remuneration of 8,130
one thousand dollars or more in any calendar quarter in the 8,131
current calendar year or the preceding calendar year, or had paid 8,132
subsequent to December 31, 1977, for employment in domestic 8,133
service in a private home cash remuneration of one thousand 8,134
dollars in any calendar quarter in the current calendar year or 8,136
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 8,138
this section, there shall not be taken into account any wages 8,139
paid to, or employment of, an individual performing domestic 8,140
service as described in this division. 8,141
(ii) An employer under this division shall not be an 8,143
employer with respect to wages paid for any services other than 8,144
domestic service unless the employer is also found to be an 8,145
employer under division (A)(1)(a), (b), or (d) of this section. 8,146
(d) As a farm operator or a crew leader subsequent to 8,148
December 31, 1977, had in employment individuals in agricultural 8,149
labor; and 8,150
(i) During any calendar quarter in the current calendar 8,152
year or the preceding calendar year, paid cash remuneration of 8,153
twenty thousand dollars or more for the agricultural labor; or 8,154
(ii) Had at least ten individuals in employment in 8,156
agricultural labor, not including agricultural workers who are 8,157
aliens admitted to the United States to perform agricultural 8,158
labor pursuant to sections 214(e) and 101(a)(15)(H) of the 8,160
"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 8,161
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 8,163
twenty different calendar weeks, in either the current or 8,164
preceding calendar year whether or not the same individual was in 8,165
employment in each day; or
(e) Is not otherwise an employer as defined under division 8,167
(A)(1)(a) or (b) of this section; and 8,168
(i) For which, within either the current or preceding 8,170
193
calendar year, service, except for domestic service in a private 8,171
home not covered under division (A)(1)(c) of this section, is or 8,172
was performed with respect to which such employer is liable for 8,173
any federal tax against which credit may be taken for 8,174
contributions required to be paid into a state unemployment fund; 8,175
(ii) Which, as a condition for approval of this chapter 8,177
for full tax credit against the tax imposed by the "Federal 8,178
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 8,180
required, pursuant to such act to be an employer under this 8,181
chapter; or 8,182
(iii) Who became an employer by election under division 8,184
(A)(4) or (5) of this section and for the duration of such 8,185
election; or 8,186
(f) In the case of the state, its instrumentalities, its 8,188
political subdivisions, and their instrumentalities, had in 8,189
employment, as defined in division (B)(2)(a) of this section, at 8,190
least one individual; 8,191
(g) For the purposes of division (A)(1)(a) of this 8,193
section, if any week includes both the thirty-first day of 8,194
December and the first day of January, the days of that week 8,195
before the first day of January shall be considered one calendar 8,196
week and the days beginning the first day of January another 8,197
week. 8,198
(2) Each individual employed to perform or to assist in 8,200
performing the work of any agent or employee of an employer is 8,201
employed by such employer for all the purposes of this chapter, 8,202
whether such individual was hired or paid directly by such 8,203
employer or by such agent or employee, provided the employer had 8,204
actual or constructive knowledge of the work. All individuals 8,205
performing services for an employer of any person in this state 8,206
who maintains two or more establishments within this state are 8,207
employed by a single employer for the purposes of this chapter. 8,208
(3) An employer subject to this chapter within any 8,210
calendar year is subject to this chapter during the whole of such 8,211
194
year and during the next succeeding calendar year. 8,212
(4) An employer not otherwise subject to this chapter who 8,214
files with the director of job and family services a written 8,216
election to become an employer subject to this chapter for not 8,217
less than two calendar years shall, with the written approval of 8,218
such election by the director, become an employer subject to this 8,220
chapter to the same extent as all other employers as of the date 8,221
stated in such approval, and shall cease to be subject to this 8,222
chapter as of the first day of January of any calendar year 8,223
subsequent to such two calendar years only if at least thirty 8,224
days prior to such first day of January the employer has filed 8,225
with the director a written notice to that effect. 8,226
(5) Any employer for whom services that do not constitute 8,228
employment are performed may file with the director a written 8,231
election that all such services performed by individuals in the 8,232
employer's employ in one or more distinct establishments or
places of business shall be deemed to constitute employment for 8,233
all the purposes of this chapter, for not less than two calendar 8,234
years. Upon written approval of the election by the director, 8,235
such services shall be deemed to constitute employment subject to 8,236
this chapter from and after the date stated in such approval. 8,237
Such services shall cease to be employment subject to this 8,238
chapter as of the first day of January of any calendar year 8,239
subsequent to such two calendar years only if at least thirty 8,240
days prior to such first day of January such employer has filed 8,241
with the director a written notice to that effect. 8,242
(B)(1) "Employment" means service performed by an 8,245
individual for remuneration under any contract of hire, written 8,247
or oral, express or implied, including service performed in 8,248
interstate commerce and service performed by an officer of a 8,249
corporation, without regard to whether such service is executive, 8,250
managerial, or manual in nature, and without regard to whether 8,251
such officer is a stockholder or a member of the board of 8,252
directors of the corporation, unless it is shown to the 8,253
195
satisfaction of the director that such individual has been and 8,255
will continue to be free from direction or control over the 8,256
performance of such service, both under a contract of service and 8,258
in fact. The director shall adopt rules to define "direction or 8,260
control."
(2) "Employment" includes: 8,262
(a) Service performed after December 31, 1977, by an 8,264
individual in the employ of the state or any of its 8,265
instrumentalities, or any political subdivision thereof or any of 8,266
its instrumentalities or any instrumentality of more than one of 8,267
the foregoing or any instrumentality of any of the foregoing and 8,268
one or more other states or political subdivisions and without 8,269
regard to divisions (A)(1)(a) and (b) of this section, provided 8,270
that such service is excluded from employment as defined in the 8,271
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 8,272
3306(c)(7) and is not excluded under division (B)(3) of this 8,273
section; or the services of employees covered by voluntary 8,274
election, as provided under divisions (A)(4) and (5) of this 8,275
section; 8,276
(b) Service performed after December 31, 1971, by an 8,278
individual in the employ of a religious, charitable, educational, 8,279
or other organization which is excluded from the term 8,280
"employment" as defined in the "Federal Unemployment Tax Act," 84 8,281
Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 8,283
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 8,284
division (B)(3) of this section; 8,285
(c) Domestic service performed after December 31, 1977, 8,287
for an employer, as provided in division (A)(1)(c) of this 8,288
section; 8,289
(d) Agricultural labor performed after December 31, 1977, 8,291
for a farm operator or a crew leader, as provided in division 8,292
(A)(1)(d) of this section; 8,293
(e) Service not covered under division (B)(1) of this 8,295
section which is performed after December 31, 1971: 8,296
196
(i) As an agent-driver or commission-driver engaged in 8,298
distributing meat products, vegetable products, fruit products, 8,299
bakery products, beverages other than milk, laundry, or 8,300
dry-cleaning services, for the individual's employer or 8,301
principal; 8,302
(ii) As a traveling or city salesperson, other than as an 8,304
agent-driver or commission-driver, engaged on a full-time basis 8,305
in the solicitation on behalf of and in the transmission to the 8,307
salesperson's employer or principal except for sideline sales 8,308
activities on behalf of some other person of orders from 8,309
wholesalers, retailers, contractors, or operators of hotels, 8,310
restaurants, or other similar establishments for merchandise for 8,311
resale, or supplies for use in their business operations, 8,312
provided that for the purposes of this division (B)(2)(e)(ii) of 8,313
this section, the services shall be deemed employment if the 8,314
contract of service contemplates that substantially all of the 8,315
services are to be performed personally by the individual and 8,316
that the individual does not have a substantial investment in 8,317
facilities used in connection with the performance of the 8,318
services other than in facilities for transportation, and the 8,319
services are not in the nature of a single transaction that is 8,320
not a part of a continuing relationship with the person for whom 8,321
the services are performed. 8,322
(f) An individual's entire service performed within or 8,324
both within and without the state if: 8,325
(i) The service is localized in this state. 8,327
(ii) The service is not localized in any state, but some 8,329
of the service is performed in this state and either the base of 8,330
operations, or if there is no base of operations then the place 8,331
from which such service is directed or controlled, is in this 8,332
state or the base of operations or place from which such service 8,333
is directed or controlled is not in any state in which some part 8,334
of the service is performed but the individual's residence is in 8,335
this state. 8,336
197
(g) Service not covered under division (B)(2)(f)(ii) of 8,338
this section and performed entirely without this state, with 8,339
respect to no part of which contributions are required and paid 8,340
under an unemployment compensation law of any other state, the 8,341
Virgin Islands, Canada, or of the United States, if the 8,342
individual performing such service is a resident of this state 8,343
and the director approves the election of the employer for whom 8,346
such services are performed; or, if the individual is not a 8,347
resident of this state but the place from which the service is 8,349
directed or controlled is in this state, the entire services of 8,350
such individual shall be deemed to be employment subject to this 8,351
chapter, provided service is deemed to be localized within this 8,352
state if the service is performed entirely within this state or 8,353
if the service is performed both within and without this state 8,354
but the service performed without this state is incidental to the 8,355
individual's service within the state, for example, is temporary 8,356
or transitory in nature or consists of isolated transactions; 8,357
(h) Service of an individual who is a citizen of the 8,359
United States, performed outside the United States except in 8,360
Canada after December 31, 1971, or the Virgin Islands, after 8,361
December 31, 1971, and before the first day of January of the 8,362
year following that in which the United States secretary of labor 8,363
approves the Virgin Islands law for the first time, in the employ 8,364
of an American employer, other than service which is "employment" 8,365
under divisions (B)(2)(f) and (g) of this section or similar 8,366
provisions of another state's law, if: 8,367
(i) The employer's principal place of business in the 8,369
United States is located in this state; 8,370
(ii) The employer has no place of business in the United 8,372
States, but the employer is an individual who is a resident of 8,373
this state; or the employer is a corporation which is organized 8,374
under the laws of this state, or the employer is a partnership or 8,375
a trust and the number of partners or trustees who are residents 8,376
of this state is greater than the number who are residents of any 8,377
198
other state; or 8,378
(iii) None of the criteria of divisions (B)(2)(f)(i) and 8,380
(ii) of this section is met but the employer has elected coverage 8,381
in this state or the employer having failed to elect coverage in 8,382
any state, the individual has filed a claim for benefits, based 8,383
on such service, under this chapter. 8,384
(i) For the purposes of division (B)(2)(h) of this 8,386
section, the term "American employer" means an employer who is an 8,387
individual who is a resident of the United States; or a 8,388
partnership, if two-thirds or more of the partners are residents 8,389
of the United States; or a trust, if all of the trustees are 8,390
residents of the United States; or a corporation organized under 8,391
the laws of the United States or of any state, provided the term 8,392
"United States" includes the states, the District of Columbia, 8,393
the Commonwealth of Puerto Rico, and the Virgin Islands. 8,394
(j) Notwithstanding any other provisions of divisions 8,396
(B)(1) and (2) of this section, service, except for domestic 8,397
service in a private home not covered under division (A)(1)(c) of 8,398
this section, with respect to which a tax is required to be paid 8,399
under any federal law imposing a tax against which credit may be 8,400
taken for contributions required to be paid into a state 8,401
unemployment fund, or service, except for domestic service in a 8,402
private home not covered under division (A)(1)(c) of this 8,403
section, which, as a condition for full tax credit against the 8,404
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 8,405
26 U.S.C.A. 3301 to 3311, is required to be covered under this 8,406
chapter. 8,407
(k) Construction services performed by any individual 8,409
under a construction contract, as defined in section 4141.39 of 8,410
the Revised Code, if the director determines that the employer 8,411
for whom services are performed has the right to direct or 8,414
control the performance of the services and that the individuals 8,415
who perform the services receive remuneration for the services
performed. The director shall presume that the employer for whom 8,417
199
services are performed has the right to direct or control the 8,418
performance of the services if ten or more of the following 8,419
criteria apply:
(i) The employer directs or controls the manner or method 8,422
by which instructions are given to the individual performing
services; 8,423
(ii) The employer requires particular training for the 8,426
individual performing services;
(iii) Services performed by the individual are integrated 8,429
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 8,432
particular individual;
(v) The employer hires, supervises, or pays the wages of 8,435
the individual performing services;
(vi) A continuing relationship between the employer and 8,438
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 8,439
(vii) The employer requires the individual to perform 8,442
services during established hours;
(viii) The employer requires that the individual 8,444
performing services be devoted on a full-time basis to the 8,445
business of the employer; 8,446
(ix) The employer requires the individual to perform 8,448
services on the employer's premises; 8,449
(x) The employer requires the individual performing 8,451
services to follow the order of work established by the employer; 8,452
(xi) The employer requires the individual performing 8,454
services to make oral or written reports of progress; 8,455
(xii) The employer makes payment to the individual for 8,458
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 8,460
performing services; 8,461
(xiv) The employer furnishes the tools and materials for 8,464
use by the individual to perform services;
200
(xv) The individual performing services has not invested 8,467
in the facilities used to perform services;
(xvi) The individual performing services does not realize 8,470
a profit or suffer a loss as a result of the performance of the
services; 8,471
(xvii) The individual performing services is not 8,473
performing services for more than two employers simultaneously; 8,474
(xviii) The individual performing services does not make 8,477
the services available to the general public;
(xix) The employer has a right to discharge the individual 8,480
performing services;
(xx) The individual performing services has the right to 8,483
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 8,484
agreement.
(3) "Employment" does not include the following services 8,486
if they are found not subject to the "Federal Unemployment Tax 8,487
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the 8,489
services are not required to be included under division (B)(2)(j) 8,490
of this section: 8,491
(a) Service performed after December 31, 1977, in 8,493
agricultural labor, except as provided in division (A)(1)(d) of 8,494
this section; 8,495
(b) Domestic service performed after December 31, 1977, in 8,497
a private home, local college club, or local chapter of a college 8,498
fraternity or sorority except as provided in division (A)(1)(c) 8,499
of this section; 8,500
(c) Service performed after December 31, 1977, for this 8,502
state or a political subdivision as described in division 8,503
(B)(2)(a) of this section when performed: 8,504
(i) As a publicly elected official; 8,506
(ii) As a member of a legislative body, or a member of the 8,508
judiciary; 8,509
(iii) As a military member of the Ohio national guard; 8,511
201
(iv) As an employee, not in the classified service as 8,513
defined in section 124.11 of the Revised Code, serving on a 8,514
temporary basis in case of fire, storm, snow, earthquake, flood, 8,515
or similar emergency; 8,516
(v) In a position which, under or pursuant to law, is 8,518
designated as a major nontenured policymaking or advisory 8,519
position, not in the classified service of the state, or a 8,520
policymaking or advisory position the performance of the duties 8,521
of which ordinarily does not require more than eight hours per 8,522
week. 8,523
(d) In the employ of any governmental unit or 8,525
instrumentality of the United States; 8,526
(e) Service performed after December 31, 1971: 8,528
(i) Service in the employ of an educational institution or 8,530
institution of higher education, including those operated by the 8,531
state or a political subdivision, if such service is performed by 8,532
a student who is enrolled and is regularly attending classes at 8,533
the educational institution or institution of higher education; 8,534
or 8,535
(ii) By an individual who is enrolled at a nonprofit or 8,537
public educational institution which normally maintains a regular 8,538
faculty and curriculum and normally has a regularly organized 8,539
body of students in attendance at the place where its educational 8,540
activities are carried on as a student in a full-time program, 8,541
taken for credit at the institution, which combines academic 8,542
instruction with work experience, if the service is an integral 8,543
part of the program, and the institution has so certified to the 8,544
employer, provided that this subdivision shall not apply to 8,545
service performed in a program established for or on behalf of an 8,546
employer or group of employers; 8,547
(f) Service performed by an individual in the employ of 8,549
the individual's son, daughter, or spouse and service performed 8,550
by a child under the age of eighteen in the employ of the child's 8,551
father or mother;
202
(g) Service performed for one or more principals by an 8,553
individual who is compensated on a commission basis, who in the 8,554
performance of the work is master of the individual's own time 8,556
and efforts, and whose remuneration is wholly dependent on the 8,557
amount of effort the individual chooses to expend, and which 8,558
service is not subject to the "Federal Unemployment Tax Act," 53 8,559
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed 8,560
after December 31, 1971: 8,561
(i) By an individual for an employer as an insurance agent 8,563
or as an insurance solicitor, if all this service is performed 8,564
for remuneration solely by way of commission; 8,565
(ii) As a home worker performing work, according to 8,567
specifications furnished by the employer for whom the services 8,568
are performed, on materials or goods furnished by such employer 8,569
which are required to be returned to the employer or to a person 8,570
designated for that purpose. 8,571
(h) Service performed after December 31, 1971: 8,573
(i) In the employ of a church or convention or association 8,575
of churches, or in an organization which is operated primarily 8,576
for religious purposes and which is operated, supervised, 8,577
controlled, or principally supported by a church or convention or 8,578
association of churches; 8,579
(ii) By a duly ordained, commissioned, or licensed 8,581
minister of a church in the exercise of the individual's ministry 8,583
or by a member of a religious order in the exercise of duties 8,584
required by such order; or 8,585
(iii) In a facility conducted for the purpose of carrying 8,587
out a program of rehabilitation for individuals whose earning 8,588
capacity is impaired by age or physical or mental deficiency or 8,589
injury, or providing remunerative work for individuals who 8,590
because of their impaired physical or mental capacity cannot be 8,591
readily absorbed in the competitive labor market, by an 8,592
individual receiving such rehabilitation or remunerative work; 8,593
(i) Service performed after June 30, 1939, with respect to 8,595
203
which unemployment compensation is payable under the "Railroad 8,596
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 8,597
(j) Service performed by an individual in the employ of 8,599
any organization exempt from income tax under section 501 of the 8,600
"Internal Revenue Code of 1954," if the remuneration for such 8,601
service does not exceed fifty dollars in any calendar quarter, or 8,602
if such service is in connection with the collection of dues or 8,603
premiums for a fraternal beneficial society, order, or 8,604
association and is performed away from the home office or is 8,605
ritualistic service in connection with any such society, order, 8,606
or association; 8,607
(k) Casual labor not in the course of an employer's trade 8,609
or business; incidental service performed by an officer, 8,610
appraiser, or member of a finance committee of a bank, building 8,611
and loan association, savings and loan association, or savings 8,612
association when the remuneration for such incidental service 8,613
exclusive of the amount paid or allotted for directors' fees does 8,614
not exceed sixty dollars per calendar quarter is casual labor; 8,615
(l) Service performed in the employ of a voluntary 8,617
employees' beneficial association providing for the payment of 8,618
life, sickness, accident, or other benefits to the members of 8,619
such association or their dependents or their designated 8,620
beneficiaries, if admission to a membership in such association 8,621
is limited to individuals who are officers or employees of a 8,622
municipal or public corporation, of a political subdivision of 8,623
the state, or of the United States and no part of the net 8,624
earnings of such association inures, other than through such 8,625
payments, to the benefit of any private shareholder or 8,626
individual; 8,627
(m) Service performed by an individual in the employ of a 8,629
foreign government, including service as a consular or other 8,630
officer or employee or of a nondiplomatic representative; 8,631
(n) Service performed in the employ of an instrumentality 8,633
wholly owned by a foreign government if the service is of a 8,634
204
character similar to that performed in foreign countries by 8,635
employees of the United States or of an instrumentality thereof 8,636
and if the director finds that the secretary of state of the 8,638
United States has certified to the secretary of the treasury of 8,639
the United States that the foreign government, with respect to 8,640
whose instrumentality exemption is claimed, grants an equivalent 8,641
exemption with respect to similar service performed in the 8,642
foreign country by employees of the United States and of 8,643
instrumentalities thereof; 8,644
(o) Service with respect to which unemployment 8,646
compensation is payable under an unemployment compensation system 8,647
established by an act of congress; 8,648
(p) Service performed as a student nurse in the employ of 8,650
a hospital or a nurses' training school by an individual who is 8,651
enrolled and is regularly attending classes in a nurses' training 8,652
school chartered or approved pursuant to state law, and service 8,653
performed as an intern in the employ of a hospital by an 8,654
individual who has completed a four years' course in a medical 8,655
school chartered or approved pursuant to state law; 8,656
(q) Service performed by an individual under the age of 8,658
eighteen in the delivery or distribution of newspapers or 8,659
shopping news, not including delivery or distribution to any 8,660
point for subsequent delivery or distribution; 8,661
(r) Service performed in the employ of the United States 8,663
or an instrumentality of the United States immune under the 8,664
constitution of the United States from the contributions imposed 8,665
by this chapter, except that to the extent that congress permits 8,666
states to require any instrumentalities of the United States to 8,667
make payments into an unemployment fund under a state 8,668
unemployment compensation act, this chapter shall be applicable 8,669
to such instrumentalities and to services performed for such 8,670
instrumentalities in the same manner, to the same extent, and on 8,671
the same terms as to all other employers, individuals, and 8,672
services, provided that if this state is not certified for any 8,673
205
year by the proper agency of the United States under section 3304 8,674
of the "Internal Revenue Code of 1954," the payments required of 8,675
such instrumentalities with respect to such year shall be 8,676
refunded by the director from the fund in the same manner and 8,679
within the same period as is provided in division (E) of section 8,680
4141.09 of the Revised Code with respect to contributions
erroneously collected; 8,681
(s) Service performed by an individual as a member of a 8,683
band or orchestra, provided such service does not represent the 8,684
principal occupation of such individual, and which service is not 8,685
subject to or required to be covered for full tax credit against 8,686
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 8,687
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after 8,688
December 31, 1971, for a nonprofit organization, this state or 8,690
its instrumentalities, or a political subdivision or its 8,691
instrumentalities, as part of an unemployment work-relief or 8,692
work-training program assisted or financed in whole or in part by 8,693
any federal agency or an agency of a state or political 8,694
subdivision thereof, by an individual receiving the work-relief 8,695
or work-training. 8,696
(t) Service performed in the employ of a day camp whose 8,698
camping season does not exceed twelve weeks in any calendar year, 8,699
and which service is not subject to the "Federal Unemployment Tax 8,700
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 8,701
performed after December 31, 1971: 8,703
(i) In the employ of a hospital, if the service is 8,705
performed by a patient of the hospital, as defined in division 8,706
(W) of this section; 8,707
(ii) For a prison or other correctional institution by an 8,709
inmate of the prison or correctional institution; 8,710
(iii) Service performed after December 31, 1977, by an 8,712
inmate of a custodial institution operated by the state, a 8,713
political subdivision, or a nonprofit organization. 8,714
(u) Service that is performed by a nonresident alien 8,717
206
individual for the period the individual temporarily is present
in the United States as a nonimmigrant under division (F), (J), 8,719
(M), or (Q) of section 101(a)(15) of the "Immigration and 8,720
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that 8,721
is excluded under section 3306(c)(19) of the "Federal 8,722
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 8,724
3311.
(v) Notwithstanding any other provisions of division 8,726
(B)(3) of this section, services which THAT are excluded under 8,727
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 8,728
be excluded from employment when performed for a nonprofit 8,729
organization, as defined in division (X) of this section, or for 8,730
this state or its instrumentalities, or for a political 8,731
subdivision or its instrumentalities; 8,732
(w) SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS 8,734
AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF 8,735
REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR 8,737
FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS 8,738
THAN ONE THOUSAND DOLLARS; 8,739
(x) SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY 8,741
SCHOOL THAT IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS 8,742
DESCRIBED IN SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME 8,743
TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL REVENUE CODE, 26 8,746
U.S.C.A. 501;
(y) SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL 8,748
INSTITUTION. 8,749
(4) If the services performed during one half or more of 8,751
any pay period by an employee for the person employing that 8,752
employee constitute employment, all the services of such employee 8,753
for such period shall be deemed to be employment; but if the 8,755
services performed during more than one half of any such pay 8,756
period by an employee for the person employing that employee do 8,757
not constitute employment, then none of the services of such 8,759
employee for such period shall be deemed to be employment. As 8,760
207
used in division (B)(4) of this section, "pay period" means a 8,761
period, of not more than thirty-one consecutive days, for which 8,762
payment of remuneration is ordinarily made to the employee by the 8,763
person employing that employee. Division (B)(4) of this section 8,764
does not apply to services performed in a pay period by an 8,765
employee for the person employing that employee, if any of such 8,767
service is excepted by division (B)(3)(o) of this section. 8,769
(C) "Benefits" means money payments payable to an 8,771
individual who has established benefit rights, as provided in 8,772
this chapter, for loss of remuneration due to the individual's 8,773
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 8,775
the maximum benefit amount that may become payable to an 8,776
individual within the individual's benefit year as determined by 8,777
the director. 8,778
(E) "Claim for benefits" means a claim for waiting period 8,780
or benefits for a designated week. 8,781
(F) "Additional claim" means the first claim for benefits 8,783
filed following any separation from employment during a benefit 8,784
year; "continued claim" means any claim other than the first 8,785
claim for benefits and other than an additional claim. 8,786
(G)(1) "Wages" means remuneration paid to an employee by 8,788
each of the employee's employers with respect to employment; 8,789
except that wages shall not include that part of remuneration 8,790
paid during any calendar year to an individual by an employer or 8,791
such employer's predecessor in interest in the same business or 8,792
enterprise, which in any calendar year is in excess of eight 8,793
thousand two hundred fifty dollars on and after January 1, 1992; 8,794
eight thousand five hundred dollars on and after January 1, 1993; 8,795
eight thousand seven hundred fifty dollars on and after January 8,796
1, 1994; and nine thousand dollars on and after January 1, 1995. 8,797
Remuneration in excess of such amounts shall be deemed wages 8,798
subject to contribution to the same extent that such remuneration 8,799
is defined as wages under the "Federal Unemployment Compensation 8,800
208
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as 8,801
amended. The remuneration paid an employee by an employer with 8,803
respect to employment in another state, upon which contributions 8,804
were required and paid by such employer under the unemployment 8,805
compensation act of such other state, shall be included as a part 8,806
of remuneration in computing the amount specified in this 8,807
division. 8,808
(2) Notwithstanding division (G)(1) of this section, if, 8,810
as of the computation date for any calendar year, the director 8,812
determines that the level of the unemployment compensation fund 8,814
is sixty per cent or more below the minimum safe level as defined 8,815
in section 4141.25 of the Revised Code, then, effective the first 8,816
day of January of the following calendar year, wages subject to 8,817
this chapter shall not include that part of remuneration paid 8,818
during any calendar year to an individual by an employer or such 8,819
employer's predecessor in interest in the same business or 8,820
enterprise which is in excess of nine thousand dollars. The 8,821
increase in the dollar amount of wages subject to this chapter 8,822
under this division shall remain in effect from the date of the 8,823
director's determination pursuant to division (G)(2) of this 8,825
section and thereafter notwithstanding the fact that the level in 8,826
the fund may subsequently become less than sixty per cent below 8,827
the minimum safe level. 8,828
(H)(1) "Remuneration" means all compensation for personal 8,830
services, including commissions and bonuses and the cash value of 8,831
all compensation in any medium other than cash, except that in 8,832
the case of agricultural or domestic service, "remuneration" 8,833
includes only cash remuneration. Gratuities customarily received 8,834
by an individual in the course of the individual's employment 8,835
from persons other than the individual's employer and which are 8,836
accounted for by such individual to the individual's employer are 8,837
taxable wages.
The reasonable cash value of compensation paid in any 8,839
medium other than cash shall be estimated and determined in 8,840
209
accordance with rules prescribed by the director, provided that 8,843
"remuneration" does not include:
(a) Payments as provided in divisions (b)(2) to (b)(16) of 8,845
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 8,846
26 U.S.C.A. 3301 to 3311, as amended; 8,847
(b) The payment by an employer, without deduction from the 8,849
remuneration of the individual in the employer's employ, of the 8,850
tax imposed upon an individual in the employer's employ under 8,851
section 3101 of the "Internal Revenue Code of l954 1954," with 8,853
respect to services performed after October 1, 1941. 8,854
(2) "Cash remuneration" means all remuneration paid in 8,856
cash, including commissions and bonuses, but not including the 8,857
cash value of all compensation in any medium other than cash. 8,858
(I) "Interested party" means the director and any party to 8,861
whom notice of a determination of an application for benefit 8,862
rights or a claim for benefits is required to be given under 8,863
section 4141.28 of the Revised Code.
(J) "Annual payroll" means the total amount of wages 8,865
subject to contributions during a twelve-month period ending with 8,866
the last day of the second calendar quarter of any calendar year. 8,867
(K) "Average annual payroll" means the average of the last 8,869
three annual payrolls of an employer, provided that if, as of any 8,870
computation date, the employer has had less than three annual 8,871
payrolls in such three-year period, such average shall be based 8,872
on the annual payrolls which the employer has had as of such 8,873
date.
(L)(1) "Contributions" means the money payments to the 8,875
state unemployment compensation fund required of employers by 8,876
section 4141.25 of the Revised Code and of the state and any of 8,877
its political subdivisions electing to pay contributions under 8,878
section 4141.242 of the Revised Code. Employers paying 8,879
contributions shall be described as "contributory employers." 8,880
(2) "Payments in lieu of contributions" means the money 8,882
payments to the state unemployment compensation fund required of 8,883
210
reimbursing employers under sections 4141.241 and 4141.242 of the 8,884
Revised Code. 8,885
(M) An individual is "totally unemployed" in any week 8,887
during which the individual performs no services and with respect 8,888
to such week no remuneration is payable to the individual. 8,889
(N) An individual is "partially unemployed" in any week 8,891
if, due to involuntary loss of work, the total remuneration 8,892
payable to the individual for such week is less than the 8,893
individual's weekly benefit amount. 8,894
(O) "Week" means the calendar week ending at midnight 8,896
Saturday unless an equivalent week of seven consecutive calendar 8,897
days is prescribed by the director. 8,898
(1) "Qualifying week" means any calendar week in an 8,900
individual's base period with respect to which the individual 8,901
earns or is paid remuneration in employment subject to this 8,903
chapter. A calendar week with respect to which an individual 8,904
earns remuneration but for which payment was not made within the 8,905
base period, when necessary to qualify for benefit rights, may be 8,906
considered to be a qualifying week. The number of qualifying 8,907
weeks which may be established in a calendar quarter shall not 8,908
exceed the number of calendar weeks in the quarter. 8,909
(2) "Average weekly wage" means the amount obtained by 8,911
dividing an individual's total remuneration for all qualifying 8,912
weeks during the base period by the number of such qualifying 8,913
weeks, provided that if the computation results in an amount 8,914
which THAT is not a multiple of one dollar, such amount shall be 8,915
rounded to the next lower multiple of one dollar. 8,916
(P) "Weekly benefit amount" means the amount of benefits 8,918
an individual would be entitled to receive for one week of total 8,919
unemployment. 8,920
(Q)(1) "Base period" means the first four of the last five 8,922
completed calendar quarters immediately preceding the first day 8,923
of an individual's benefit year, except as provided in division 8,924
(Q)(2) of this section. 8,925
211
(2) If an individual does not have sufficient qualifying 8,927
weeks and wages in the base period to qualify for benefit rights, 8,928
the individual's base period shall be the four most recently 8,929
completed calendar quarters preceding the first day of the 8,931
individual's benefit year. Such base period shall be known as 8,932
the "alternate base period." If information as to weeks and 8,933
wages for the most recent quarter of the alternate base period is 8,934
not available to the director from the regular quarterly reports 8,935
of wage information, which are systematically accessible, the 8,937
director may, consistent with the provisions of section 4141.28 8,940
of the Revised Code, base the determination of eligibility for 8,941
benefits on the affidavit of the claimant with respect to weeks 8,942
and wages for that calendar quarter. The claimant shall furnish 8,943
payroll documentation, where available, in support of the 8,944
affidavit. The determination based upon the alternate base 8,945
period as it relates to the claimant's benefit rights, shall be 8,946
amended when the quarterly report of wage information from the 8,947
employer is timely received and that information causes a change 8,948
in the determination. As provided in division (B)(1)(b) of 8,949
section 4141.28 of the Revised Code, any benefits paid and 8,950
charged to an employer's account, based upon a claimant's 8,951
affidavit, shall be adjusted effective as of the beginning of the 8,952
claimant's benefit year. No calendar quarter in a base period or 8,953
alternate base period shall be used to establish a subsequent 8,954
benefit year.
(3) The "base period" of a combined wage claim, as 8,956
described in division (H) of section 4141.43 of the Revised Code, 8,957
shall be the base period prescribed by the law of the state in 8,958
which the claim is allowed. 8,959
(4) FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A 8,961
COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS 8,962
ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE 8,963
UTILIZED. 8,964
(R)(1) "Benefit year" with respect to an individual means 8,966
212
the fifty-two week period beginning with the first day of that 8,967
week with respect to which the individual first files a valid 8,968
application for determination of benefit rights, and thereafter 8,970
the fifty-two week period beginning with the first day of that 8,971
week with respect to which the individual next files a valid 8,972
application for determination of benefit rights after the 8,973
termination of the individual's last preceding benefit year, 8,974
except that the application shall not be considered valid unless 8,976
the individual has had employment in six weeks that is subject to 8,977
this chapter or the unemployment compensation act of another 8,978
state, or the United States, and has, since the beginning of the 8,979
individual's previous benefit year, in the employment earned 8,980
three times the average weekly wage determined for the previous 8,981
benefit year. The "benefit year" of a combined wage claim, as 8,982
described in division (H) of section 4141.43 of the Revised Code, 8,983
shall be the benefit year prescribed by the law of the state in 8,984
which the claim is allowed. ANY
Effective for applications filed with respect to weeks 8,986
beginning on or after October 1, 2000, any application for 8,987
determination of benefit rights made in accordance with section 8,989
4141.28 of the Revised Code is valid if the individual filing 8,990
such application is unemployed, has been employed by an employer 8,991
or employers subject to this chapter in at least twenty 8,992
qualifying weeks within the individual's base period, AND has 8,993
earned or been paid remuneration at an average weekly wage of not 8,996
less than twenty-seven and one-half per cent of the statewide
average weekly wage for such weeks. FOR PURPOSES OF DETERMINING 8,998
WHETHER AN INDIVIDUAL HAS HAD SUFFICIENT EMPLOYMENT SINCE THE 8,999
BEGINNING OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO FILE A 9,000
VALID APPLICATION, "EMPLOYMENT" MEANS THE PERFORMANCE OF SERVICES 9,001
FOR WHICH REMUNERATION IS PAYABLE. 9,002
(2) EFFECTIVE FOR APPLICATIONS FILED ON AND AFTER MARCH 3, 9,006
2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS MADE IN 9,007
ACCORDANCE WITH SECTION 4141.28 OF THE REVISED CODE IS VALID IF
213
THE INDIVIDUAL SATISFIES THE CRITERIA DESCRIBED IN DIVISION 9,008
(R)(1) OF THIS SECTION, and IF the reason for the individual's 9,009
separation from employment is not disqualifying pursuant to 9,010
division (D)(2) of section 4141.29 or section 4141.291 of the 9,012
Revised Code. A disqualification imposed pursuant to division 9,015
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code 9,018
must be removed as provided in those sections as a requirement of 9,019
establishing a valid application for benefit rights FILED ON AND 9,020
AFTER MARCH 3, 2002. 9,021
(3) The statewide average weekly wage shall be calculated 9,023
by the director once a year based on the twelve-month period 9,025
ending the thirtieth day of June, as set forth in division (B)(3) 9,027
of section 4141.30 of the Revised Code, rounded down to the 9,028
nearest dollar. Increases or decreases in the amount of
remuneration required to have been earned or paid in order for 9,029
individuals to have filed valid applications shall become 9,030
effective on Sunday of the calendar week in which the first day 9,031
of January occurs that follows the twelve-month period ending the 9,032
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 9,033
(4) As used in this division, an individual is 9,035
"unemployed" if, with respect to the calendar week in which such 9,038
application is filed, the individual is "partially unemployed" or 9,040
"totally unemployed" as defined in this section or if, prior to 9,041
filing the application, the individual was separated from the 9,043
individual's most recent work for any reason which terminated the 9,044
individual's employee-employer relationship, or was laid off 9,045
indefinitely or for a definite period of seven or more days. 9,046
(S) "Calendar quarter" means the period of three 9,048
consecutive calendar months ending on the thirty-first day of 9,049
March, the thirtieth day of June, the thirtieth day of September, 9,050
and the thirty-first day of December, or the equivalent thereof 9,051
as the director prescribes by rule. 9,052
(T) "Computation date" means the first day of the third 9,054
214
calendar quarter of any calendar year. 9,055
(U) "Contribution period" means the calendar year 9,057
beginning on the first day of January of any year. 9,058
(V) "Agricultural labor," for the purpose of this 9,060
division, means any service performed prior to January 1, 1972, 9,061
which was agricultural labor as defined in this division prior to 9,062
that date, and service performed after December 31, 1971: 9,063
(1) On a farm, in the employ of any person, in connection 9,065
with cultivating the soil, or in connection with raising or 9,066
harvesting any agricultural or horticultural commodity, including 9,067
the raising, shearing, feeding, caring for, training, and 9,068
management of livestock, bees, poultry, and fur-bearing animals 9,069
and wildlife; 9,070
(2) In the employ of the owner or tenant or other operator 9,072
of a farm in connection with the operation, management, 9,073
conservation, improvement, or maintenance of such farm and its 9,074
tools and equipment, or in salvaging timber or clearing land of 9,075
brush and other debris left by hurricane, if the major part of 9,076
such service is performed on a farm; 9,077
(3) In connection with the production or harvesting of any 9,079
commodity defined as an agricultural commodity in section 15 (g) 9,080
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 9,081
U.S.C. 1141j, as amended, or in connection with the ginning of 9,082
cotton, or in connection with the operation or maintenance of 9,083
ditches, canals, reservoirs, or waterways, not owned or operated 9,084
for profit, used exclusively for supplying and storing water for 9,085
farming purposes; 9,086
(4) In the employ of the operator of a farm in handling, 9,088
planting, drying, packing, packaging, processing, freezing, 9,089
grading, storing, or delivering to storage or to market or to a 9,090
carrier for transportation to market, in its unmanufactured 9,091
state, any agricultural or horticultural commodity, but only if 9,092
the operator produced more than one half of the commodity with 9,093
respect to which such service is performed; 9,094
215
(5) In the employ of a group of operators of farms, or a 9,096
cooperative organization of which the operators are members, in 9,097
the performance of service described in division (V)(4) of this 9,098
section, but only if the operators produced more than one-half of 9,099
the commodity with respect to which the service is performed; 9,100
(6) Divisions (V)(4) and (5) of this section shall not be 9,102
deemed to be applicable with respect to service performed: 9,103
(a) In connection with commercial canning or commercial 9,105
freezing or in connection with any agricultural or horticultural 9,106
commodity after its delivery to a terminal market for 9,107
distribution for consumption; or 9,108
(b) On a farm operated for profit if the service is not in 9,110
the course of the employer's trade or business. 9,111
As used in division (V) of this section, "farm" includes 9,113
stock, dairy, poultry, fruit, fur-bearing animal, and truck 9,114
farms, plantations, ranches, nurseries, ranges, greenhouses, or 9,115
other similar structures used primarily for the raising of 9,116
agricultural or horticultural commodities and orchards. 9,117
(W) "Hospital" means an institution which has been 9,119
registered or licensed by the Ohio department of health as a 9,120
hospital. 9,121
(X) "Nonprofit organization" means an organization, or 9,123
group of organizations, described in section 501(c)(3) of the 9,124
"Internal Revenue Code of 1954," and exempt from income tax under 9,126
section 501(a) of that code. 9,127
(Y) "Institution of higher education" means a public or 9,129
nonprofit educational institution which: 9,130
(1) Admits as regular students only individuals having a 9,132
certificate of graduation from a high school, or the recognized 9,133
equivalent; 9,134
(2) Is legally authorized in this state to provide a 9,136
program of education beyond high school; and 9,137
(3) Provides an educational program for which it awards a 9,139
bachelor's or higher degree, or provides a program which is 9,140
216
acceptable for full credit toward such a degree, a program of 9,141
post-graduate or post-doctoral studies, or a program of training 9,142
to prepare students for gainful employment in a recognized 9,143
occupation. 9,144
For the purposes of this division, all colleges and 9,146
universities in this state are institutions of higher education. 9,147
(Z) For the purposes of this chapter, "states" includes 9,149
the District of Columbia, the Commonwealth of Puerto Rico, and 9,150
the Virgin Islands. 9,151
(AA) "Alien" means, for the purposes of division (A)(1)(d) 9,153
of this section, an individual who is an alien admitted to the 9,154
United States to perform service in agricultural labor pursuant 9,155
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 9,156
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 9,157
(BB)(1) "Crew leader" means an individual who furnishes 9,159
individuals to perform agricultural labor for any other employer 9,160
or farm operator, and: 9,161
(a) Pays, either on the individual's own behalf or on 9,164
behalf of the other employer or farm operator, the individuals so 9,166
furnished by the individual for the service in agricultural labor 9,167
performed by them; 9,168
(b) Has not entered into a written agreement with the 9,170
other employer or farm operator under which the agricultural 9,171
worker is designated as in the employ of the other employer or 9,172
farm operator. 9,173
(2) For the purposes of this chapter, any individual who 9,175
is a member of a crew furnished by a crew leader to perform 9,176
service in agricultural labor for any other employer or farm 9,177
operator shall be treated as an employee of the crew leader if: 9,178
(a) The crew leader holds a valid certificate of 9,180
registration under the "Farm Labor Contractor Registration Act of 9,181
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 9,182
(b) Substantially all the members of the crew operate or 9,184
maintain tractors, mechanized harvesting or crop-dusting 9,185
217
equipment, or any other mechanized equipment, which is provided 9,186
by the crew leader; and 9,187
(c) If the individual is not in the employment of the 9,189
other employer or farm operator within the meaning of division 9,190
(B)(1) of this section. 9,191
(3) For the purposes of this division, any individual who 9,193
is furnished by a crew leader to perform service in agricultural 9,194
labor for any other employer or farm operator and who is not 9,195
treated as in the employment of the crew leader under division 9,196
(BB)(2) of this section shall be treated as the employee of the 9,197
other employer or farm operator and not of the crew leader. The 9,198
other employer or farm operator shall be treated as having paid 9,199
cash remuneration to the individual in an amount equal to the 9,200
amount of cash remuneration paid to the individual by the crew 9,201
leader, either on the crew leader's own behalf or on behalf of 9,202
the other employer or farm operator, for the service in 9,203
agricultural labor performed for the other employer or farm 9,204
operator.
(CC) "Educational institution" means an institution other 9,206
than an institution of higher education as defined in division 9,207
(Y) of this section which: 9,208
(1) Offers participants, trainees, or students an 9,210
organized course of study or training designed to transfer to 9,211
them knowledge, skills, information, doctrines, attitudes, or 9,212
abilities from, by, or under the guidance of an instructor or 9,213
teacher; and 9,214
(2) Is approved, chartered, or issued a permit to operate 9,216
as a school by the state board of education or other government 9,217
agency that is authorized within the state to approve, charter, 9,218
or issue a permit for the operation of a school. 9,219
For the purposes of this division, the courses of study or 9,221
training which the institution offers may be academic, technical, 9,222
trade, or preparation for gainful employment in a recognized 9,223
occupation. 9,224
218
Sec. 4141.162. (A) The director of job and family 9,233
services shall establish an income and eligibility verification 9,236
system that complies with section 1137 of the "Social Security 9,237
Act." The programs included in the system are all of the
following: 9,238
(1) Unemployment compensation pursuant to section 3304 of 9,240
the "Internal Revenue Code of 1954"; 9,241
(2) The state programs funded in part under part A of 9,243
Title IV of the "Social Security Act" and administered under 9,244
Chapters 5107. and 5108. of the Revised Code; 9,245
(3) Medicaid pursuant to Title XIX of the "Social Security 9,248
Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 9,250
91 Stat. 958, 7 U.S.C.A. 2011, as amended; 9,251
(5) Any Ohio program under a plan approved under Title I, 9,253
X, XIV, or XVI of the "Social Security Act." 9,254
Wage information provided by employers to the director 9,256
shall be furnished to the income and eligibility verification 9,258
system. Such information shall be used by the director to 9,259
determine eligibility of individuals for unemployment 9,261
compensation benefits and the amount of those benefits and used 9,262
by the agencies that administer the programs identified in 9,263
divisions (A)(2) to (5) of this section to determine or verify 9,264
eligibility for or the amount of benefits under those programs. 9,265
The director shall fully implement the use of wage 9,267
information to determine eligibility for and the amount of 9,268
unemployment compensation benefits by September 30, 1988. 9,269
Information furnished under the system shall also be made 9,271
available to the appropriate state or local child support 9,272
enforcement agency for the purposes of an approved plan under 9,273
Title IV-D of the "Social Security Act" and to the appropriate 9,275
federal agency for the purposes of Titles II and XVI of the 9,276
"Social Security Act."
(B) The director shall adopt rules as necessary under 9,279
219
which the department of job and family services and other state 9,282
agencies that the director determines must participate in order 9,284
to ensure compliance with section 1137 of the "Social Security 9,285
Act" exchange information with each other or authorized federal 9,286
agencies about individuals who are applicants for or recipients 9,287
of benefits under any of the programs enumerated in division (A) 9,288
of this section. The rules shall extend to all of the following: 9,289
(1) A requirement for standardized formats and procedures 9,291
for a participating agency to request and receive information 9,292
about an individual, which information shall include the 9,293
individual's social security number; 9,294
(2) A requirement that all applicants for and recipients 9,296
of benefits under any program enumerated in division (A) of this 9,297
section be notified at the time of application, and periodically 9,298
thereafter, that information available through the system may be 9,299
shared with agencies that administer other benefit programs and 9,300
utilized in establishing or verifying eligibility or benefit 9,301
amounts under the other programs enumerated in division (A) of 9,302
this section; 9,303
(3) A requirement that information is made available only 9,305
to the extent necessary to assist in the valid administrative 9,306
needs of the program receiving the information and is targeted 9,307
for use in ways which are most likely to be productive in 9,308
identifying and preventing ineligibility and incorrect payments; 9,309
(4) A requirement that information is adequately protected 9,311
against unauthorized disclosures for purposes other than to 9,312
establish or verify eligibility or benefit amounts under the 9,313
programs enumerated in division (A) of this section; 9,314
(5) A requirement that a program providing information is 9,316
reimbursed by the program using the information for the actual 9,317
costs of furnishing the information and that the director be 9,319
reimbursed by the participating programs for any actual costs 9,320
incurred in operating the system; 9,321
(6) Requirements for any other matters necessary to ensure 9,323
220
the effective, efficient, and timely exchange of necessary 9,324
information or that the director determines must be addressed in 9,327
order to ensure compliance with the requirements of section 1137 9,328
of the "Social Security Act."
(C) Each participating agency shall furnish to the income 9,330
and eligibility verification system established in division (A) 9,331
of this section that information, which the director, by rule, 9,334
determines is necessary in order to comply with section 1137 of 9,335
the "Social Security Act."
(D) Notwithstanding the information disclosure 9,337
requirements of this section and section 4141.21 and division 9,340
(D)(4)(a)(A) of section 4141.28 4141.282 of the Revised Code, the 9,342
director shall administer those provisions of law so as to comply 9,344
with section 1137 of the "Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code 9,346
with respect to confidentiality of information obtained in the 9,347
administration of Chapter 4141. of the Revised Code and any 9,348
sanctions imposed for improper disclosure of such information 9,349
shall apply to the redisclosure of information disclosed under 9,350
this section. 9,351
Sec. 4141.21. Except as provided in section 4141.162 of 9,360
the Revised Code, and subject to section 4141.43 of the Revised 9,363
Code, the information maintained by the director of job and 9,365
family services or furnished to the director by employers or 9,367
employees pursuant to this chapter is for the exclusive use and 9,369
information of the department of job and family services in the 9,371
discharge of its duties and shall not be open to the public or be 9,373
used in any court in any action or proceeding pending therein, or 9,374
be admissible in evidence in any action, other than one arising 9,375
under those sections THIS CHAPTER. All of the information and 9,377
records necessary or useful in the determination of any 9,378
particular claim for benefits or necessary in verifying any 9,379
charge to an employer's account under sections 4141.23 to 4141.26 9,380
of the Revised Code shall be available for examination and use by 9,381
221
the employer and the employee involved or their authorized 9,382
representatives in the hearing of such cases, and that 9,383
information may be tabulated and published in statistical form
for the use and information of the state departments and the 9,384
public. 9,385
Sec. 4141.24. (A)(1) The director of job and family 9,395
services shall maintain a separate account for each employer and, 9,398
except as otherwise provided in division (B) of section 4141.25 9,399
of the Revised Code respecting mutualized contributions, shall 9,400
credit such employer's account with all the contributions, or 9,401
payments in lieu of contributions, which the employer has paid on 9,402
the employer's own behalf.
(2) If, as of the computation date, a contributory 9,404
employer's account shows a negative balance computed as provided 9,405
in division (A)(3) of section 4141.25 of the Revised Code, less 9,407
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions 9,408
(A)(2)(a), (b), and (c) of this section and if the employer's 9,409
account is otherwise eligible for the transfer, then before the 9,410
employer's contribution rate is computed for the next succeeding 9,411
contribution period, an amount equal to the amount of the excess 9,412
eligible for transfer shall be permanently transferred from the 9,413
account of such employer and charged to the mutualized account 9,414
provided in division (B) of section 4141.25 of the Revised Code. 9,416
(a) If as of any computation date, a contributory 9,418
employer's account shows a negative balance in excess of ten per 9,419
cent of the employer's average annual payroll, then before the 9,420
employer's contribution rate is computed for the next succeeding 9,421
contribution period, an amount equal to the amount of the excess 9,422
shall be transferred from the account as provided in this 9,423
division. No contributory employer's account may have any excess 9,424
transferred pursuant to division (A)(2)(a) of this section, 9,425
unless the employer's account has shown a positive balance for at 9,427
least two consecutive computation dates prior to the computation
222
date with respect to which the transfer is proposed. Each time a 9,428
transfer is made pursuant to division (A)(2)(a) of this section, 9,429
the employer's account is ineligible for any additional transfers 9,430
under that division, until the account shows a positive balance 9,431
for at least two consecutive computation dates subsequent to the 9,432
computation date of which the most recent transfer occurs 9,433
pursuant to division (A)(2)(a), (b), or (c) of this section. 9,434
(b) If at the next computation date after the computation 9,436
date at which a transfer from the account occurs pursuant to 9,437
division (A)(2)(a) of this section, a contributory employer's 9,438
account shows a negative balance in excess of fifteen per cent of 9,439
the employer's average annual payroll, then before the employer's 9,441
contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess 9,442
shall be permanently transferred from the account as provided in 9,443
this division. 9,444
(c) If at the next computation date subsequent to the 9,446
computation date at which a transfer from a contributory 9,447
employer's account occurs pursuant to division (A)(2)(b) of this 9,448
section, the employer's account shows a negative balance in 9,449
excess of twenty per cent of the employer's average annual 9,450
payroll, then before the employer's contribution rate is computed 9,452
for the next succeeding contribution period, an amount equal to
the amount of the excess shall be permanently transferred from 9,453
the account as provided in this division. 9,454
(d) If no transfer occurs pursuant to division (A)(2)(b) 9,456
or (c) of this section, the employer's account is ineligible for 9,457
any additional transfers under division (A)(2) until the account 9,458
requalifies for a transfer pursuant to division (A)(2)(a) of this 9,459
section. 9,460
(B) Any employer may make voluntary payments in addition 9,462
to the contributions required under this chapter, in accordance 9,463
with rules established by the director. Such payments shall be 9,466
included in the employer's account as of the computation date,
223
provided they are received by the director by the thirty-first 9,469
day of December following such computation date. Such voluntary 9,470
payment, when accepted from an employer, will not be refunded in 9,471
whole or in part. In determining whether an employer's account 9,472
has a positive balance on two consecutive computation dates and 9,473
is eligible for transfers under division (A)(2) of this section, 9,474
the director shall exclude any voluntary payments made subsequent 9,476
to the last transfer made under division (A)(2) of this section. 9,477
(C) All contributions to the fund shall be pooled and 9,479
available to pay benefits to any individual entitled to benefits 9,480
irrespective of the source of such contributions. 9,481
(D)(1) For the purposes of this section and sections 9,483
4141.241 and 4141.242 of the Revised Code, an employer's account 9,484
shall be charged only for benefits based on remuneration paid by 9,485
such employer. Benefits paid to an eligible individual shall be 9,486
charged against the account of each employer within the 9,487
claimant's base period in the proportion to which wages 9,488
attributable to each employer of the claimant bears to the 9,489
claimant's total base period wages. Charges to the account of a 9,490
base period employer with whom the claimant is employed part-time 9,491
at the time the claimant's application for a determination of 9,493
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 9,494
(a) The claimant also worked part-time for the employer 9,496
during the base period of the claim. 9,497
(b) The claimant is unemployed due to loss of other 9,499
employment. 9,500
(c) The employer is not a reimbursing employer under 9,503
section 4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, 9,505
charges to the account of any employer, including any reimbursing 9,506
employer, shall be charged to the mutualized account if it 9,507
finally is determined by a court on appeal that the employer's 9,508
account is not chargeable for the benefits.
224
(3) ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28 9,510
OF THE REVISED CODE PRIOR TO A FINAL DETERMINATION OF THE 9,512
CLAIMANT'S RIGHT TO THE BENEFITS SHALL BE CHARGED TO THE 9,514
EMPLOYER'S ACCOUNT AS PROVIDED IN DIVISION (D)(1) OF THIS 9,515
SECTION, PROVIDED THAT IF THERE IS NO FINAL DETERMINATION OF THE 9,516
CLAIM BY THE SUBSEQUENT THIRTIETH DAY OF JUNE, THE EMPLOYER'S 9,517
ACCOUNT SHALL BE CREDITED WITH THE TOTAL AMOUNT OF BENEFITS THAT 9,518
HAS BEEN PAID PRIOR TO THAT DATE, BASED ON THE DETERMINATION THAT 9,519
HAS NOT BECOME FINAL. THE TOTAL AMOUNT CREDITED TO THE 9,520
EMPLOYER'S ACCOUNT SHALL BE CHARGED TO A SUSPENSE ACCOUNT, WHICH 9,521
SHALL BE MAINTAINED AS A SEPARATE BOOKKEEPING ACCOUNT AND 9,522
ADMINISTERED AS A PART OF THIS SECTION, AND SHALL NOT BE USED IN 9,523
DETERMINING THE ACCOUNT BALANCE OF THE EMPLOYER FOR THE PURPOSE 9,524
OF COMPUTING THE EMPLOYER'S CONTRIBUTION RATE UNDER SECTION 9,525
4141.25 OF THE REVISED CODE.
IF IT IS FINALLY DETERMINED THAT THE CLAIMANT IS ENTITLED 9,527
TO ALL OR A PART OF THE BENEFITS IN DISPUTE, THE SUSPENSE ACCOUNT 9,528
SHALL BE CREDITED AND THE APPROPRIATE EMPLOYER'S ACCOUNT CHARGED 9,529
WITH THE BENEFITS. IF IT IS FINALLY DETERMINED THAT THE CLAIMANT 9,530
IS NOT ENTITLED TO ALL OR ANY PORTION OF THE BENEFITS IN DISPUTE, 9,531
THE BENEFITS SHALL BE CREDITED TO THE SUSPENSE ACCOUNT AND A 9,532
CORRESPONDING CHARGE MADE TO THE MUTUALIZED ACCOUNT ESTABLISHED 9,533
IN DIVISION (B) OF SECTION 4141.25 OF THE REVISED CODE, PROVIDED 9,536
THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF BENEFITS 9,537
ARE CHARGEABLE TO AN EMPLOYER OR GROUP OF EMPLOYERS WHO IS 9,538
REQUIRED OR ELECTS TO MAKE PAYMENTS TO THE FUND IN LIEU OF 9,539
CONTRIBUTIONS UNDER SECTION 4141.241 OF THE REVISED CODE, THE 9,541
BENEFITS SHALL BE CHARGED TO THE EMPLOYER'S ACCOUNT IN THE MANNER 9,542
PROVIDED IN DIVISION (D)(1) OF THIS SECTION AND DIVISION (B) OF 9,544
SECTION 4141.241 OF THE REVISED CODE, AND NO PART OF THE BENEFITS 9,546
MAY BE CHARGED TO THE SUSPENSE ACCOUNT PROVIDED IN THIS DIVISION. 9,547
TO THE EXTENT THAT BENEFITS THAT HAVE BEEN PAID TO A 9,550
CLAIMANT AND CHARGED TO THE EMPLOYER'S ACCOUNT ARE FOUND NOT TO 9,551
BE DUE THE CLAIMANT AND ARE RECOVERED BY THE DIRECTOR AS PROVIDED 9,552
225
IN SECTION 4141.35 OF THE REVISED CODE, THEY SHALL BE CREDITED TO 9,554
THE EMPLOYER'S ACCOUNT. 9,555
(4) The director shall notify each employer at least once 9,559
each month of the benefits charged to the employer's account 9,560
since the last preceding notice; except that for the purposes of 9,561
sections 4141.241 and 4141.242 of the Revised Code which provides 9,562
the billing of employers on a payment in lieu of a contribution 9,563
basis, the director may prescribe a quarterly or less frequent 9,566
notice of benefits charged to the employer's account. Such 9,567
notice will show a summary of the amount of benefits paid which 9,568
were charged to the employer's account. This notice shall not be 9,569
deemed a determination of the claimant's eligibility for
benefits. Any employer so notified, however, may file within 9,571
fifteen days after the mailing date of the notice, an exception 9,572
to charges appearing on the notice on the grounds that such 9,573
charges are not in accordance with this section. The director 9,575
shall promptly examine the exception to such charges and shall 9,576
notify the employer of the director's decision thereon, which 9,578
decision shall become final unless applealed to the unemployment 9,580
compensation review commission in the manner provided in section 9,581
4141.26 of the Revised Code. For the purposes of this division, 9,582
an exception is considered timely filed when it has been received 9,583
as provided in division (I)(2) of section 4141.28 of the Revised 9,584
Code.
(E) The director shall terminate and close the account of 9,587
any contributory employer who has been subject to this chapter if 9,588
the enterprise for which the account was established is no longer 9,589
in operation and it has had no payroll and its account has not 9,590
been chargeable with benefits for a period of five consecutive 9,591
years. The amount of any positive balance, computed as provided 9,592
in division (A)(3) of section 4141.25 of the Revised Code, in an 9,593
account closed and terminated as provided in this section shall 9,594
be credited to the mutualized account as provided in division 9,595
(B)(2)(b) of section 4141.25 of the Revised Code. The amount of 9,596
226
any negative balance, computed as provided in division (A)(3) of 9,597
section 4141.25 of the Revised Code, in an account closed and 9,598
terminated as provided in this section shall be charged to the 9,599
mutualized account as provided in division (B)(1)(b) of section 9,600
4141.25 of the Revised Code. The amount of any positive balance 9,602
or negative balance, credited or charged to the mutualized 9,603
account after the termination and closing of an employer's 9,604
account, shall not thereafter be considered in determining the 9,605
contribution rate of such employer. The closing of an employer's 9,606
account as provided in this division shall not relieve such 9,607
employer from liability for any unpaid contributions or payment 9,608
in lieu of contributions which are due for periods prior to such 9,609
closing.
If the director finds that a contributory employer's 9,612
business is closed solely because of the entrance of one or more 9,613
of the owners, officers, or partners, or the majority 9,614
stockholder, into the armed forces of the United States, or any 9,615
of its allies, or of the United Nations after July 1, 1950, such 9,616
employer's account shall not be terminated and if the business is 9,617
resumed within two years after the discharge or release of such 9,618
persons from active duty in the armed forces, the employer's 9,619
experience shall be deemed to have been continuous throughout 9,620
such period. The reserve ratio of any such employer shall be the 9,621
total contributions paid by such employer minus all benefits, 9,622
including benefits paid to any individual during the period such 9,623
employer was in the armed forces, based upon wages paid by the 9,624
employer prior to the employer's entrance into the armed forces 9,626
divided by the average of the employer's annual payrolls for the 9,627
three most recent years during the whole of which the employer 9,629
has been in business.
(F) If an employer transfers the employer's business or 9,631
otherwise reorganizes such business, the successor in interest 9,632
shall assume the resources and liabilities of such employer's 9,633
account, and continue the payment of all contributions, or 9,634
227
payments in lieu of contributions, due under this chapter. If an 9,635
employer acquires substantially all of the assets in a trade or 9,636
business of another employer, or a clearly segregable and 9,637
identifiable portion of an employer's enterprise, and immediately 9,638
after the acquisition employs in the employer's trade or business 9,639
substantially the same individuals who immediately prior to the 9,641
acquisition were employed in the trade or business or in the 9,642
separate unit of such trade or business of such predecessor 9,643
employer, then, upon application to the director signed by the 9,644
predecessor employer and the acquiring employer, the employer 9,646
acquiring such enterprise is the successor in interest. In the 9,647
case of a transfer of a portion of an employer's enterprise, only 9,648
that part of the experience with unemployment compensation and 9,649
payrolls that is directly attributable to the segregated and 9,650
identifiable part shall be transferred and used in computing the 9,651
contribution rate of the successor employer on the next 9,652
computation date. The director by rule may prescribe procedures 9,653
for effecting transfers of experience as provided for in this 9,655
section.
(G) For the purposes of this section, two or more 9,657
employers who are parties to or the subject of a merger, 9,658
consolidation, or other form of reorganization effecting a change 9,659
in legal identity or form are deemed to be a single employer if 9,660
the director finds that immediately after such change the 9,662
employing enterprises of the predecessor employers are continued 9,663
solely through a single employer as successor thereto, and 9,664
immediately after such change such successor is owned or 9,665
controlled by substantially the same interests as the predecessor 9,666
employers, and the successor has assumed liability for all 9,667
contributions required of the predecessor employers, and the 9,668
consideration of such two or more employers as a single employer 9,669
for the purposes of this section would not be inequitable. 9,670
(H) No rate of contribution less than two and seven-tenths 9,673
per cent shall be permitted a contributory employer succeeding to 9,674
228
the experience of another contributory employer pursuant to this 9,675
section for any period subsequent to such succession, except in 9,676
accordance with rules prescribed by the director, which rules 9,677
shall be consistent with federal requirements for additional 9,679
credit allowance in section 3303 of the "Internal Revenue Code of 9,680
1954" and consistent with this chapter, except that such rules 9,681
may establish a computation date for any such period different 9,682
from the computation date generally prescribed by this chapter, 9,683
and may define "calendar year" as meaning a 9,684
twelve-consecutive-month period ending on the same day of the 9,685
year as that on which such computation date occurs. 9,686
(I) The director may prescribe rules for the 9,688
establishment, maintenance, and dissolution of common 9,689
contribution rates for two or more contributory employers, and in 9,690
accordance with such rules and upon application by two or more 9,691
employers shall establish such common rate to be computed by 9,692
merging the several contribution rate factors of such employers 9,693
for the purpose of establishing a common contribution rate 9,694
applicable to all such employers. 9,695
Sec. 4141.241. (A)(1) Any nonprofit organization 9,704
described in division (X) of section 4141.01 of the Revised Code, 9,705
which becomes subject to this chapter on or after January 1, 9,706
1972, shall pay contributions under section 4141.25 of the 9,707
Revised Code, unless it elects, in accordance with this division, 9,708
to pay to the director of job and family services for deposit in 9,710
the unemployment compensation fund an amount in lieu of 9,711
contributions equal to the amount of regular benefits plus one 9,712
half of extended benefits paid from that fund that is 9,713
attributable to service in the employ of the nonprofit 9,714
organization to individuals whose service, during the base period 9,715
of the claims, was within the effective period of such election. 9,716
(2) Any nonprofit organization which becomes subject to 9,718
this chapter after January 1, 1972, may elect to become liable 9,719
for payments in lieu of contributions for a period of not less 9,720
229
than the remainder of that calendar year and the next calendar 9,721
year, beginning with the date on which such subjectivity begins, 9,722
by filing a written notice of its election with the director not 9,725
later than thirty days immediately following the date of the
determination of such subjectivity. 9,726
(3) Any nonprofit organization which makes an election in 9,728
accordance with this division will continue to be liable for 9,729
payments in lieu of contributions for the period described in 9,730
this division and until it files with the director a written 9,732
notice terminating its election. The notice shall be filed not 9,733
later than thirty days prior to the beginning of the calendar 9,734
year for which the termination is to become effective. 9,735
(4) Any nonprofit organization which has been paying 9,737
contributions for a period subsequent to January 1, 1972, may 9,738
change to a reimbursable basis by filing with the director, not 9,741
later than thirty days prior to the beginning of any calendar
year, a written notice of election to become liable for payments 9,742
in lieu of contributions. The election shall not be terminable 9,743
by the organization during that calendar year and the next 9,744
calendar year. 9,745
(5) The director, in accordance with any rules the 9,748
director prescribes, shall notify each nonprofit organization of 9,750
any determination which the director may make of its status as an 9,752
employer and of the effective date of any election which it makes 9,754
and of any termination of the election. Any determinations shall 9,755
be subject to reconsideration, appeal, and review in accordance 9,756
with section 4141.26 of the Revised Code. 9,757
(B) Except as provided in division (I) of section 4141.29 9,759
of the Revised Code, benefits based on service with a nonprofit 9,760
organization granted a reimbursing status under this section 9,761
shall be payable in the same amount, on the same terms, and 9,762
subject to the same conditions, as benefits payable on the basis 9,763
of other service subject to this chapter. Payments in lieu of 9,764
contributions shall be made in accordance with this division and 9,765
230
division (D) of section 4141.24 of the Revised Code. 9,766
(1)(a) At the end of each calendar quarter, or at the end 9,768
of any other period as determined by the director under division 9,771
(D)(3)(4) of section 4141.24 of the Revised Code, the director 9,772
shall bill each nonprofit organization or group of such 9,774
organizations which has elected to make payments in lieu of
contributions for an amount equal to the full amount of regular 9,775
benefits plus one half of the amount of extended benefits paid 9,776
during such quarter or other prescribed period which is 9,777
attributable to service in the employ of such organization. 9,778
(b) In the computation of the amount of benefits to be 9,780
charged to employers liable for payments in lieu of 9,781
contributions, all benefits attributable to service described in 9,782
division (B)(1)(a) of this section shall be computed and charged 9,783
to such organization as described in division (D) of section 9,784
4141.24 of the Revised Code, and, except as provided in division 9,785
(D)(2) of section 4141.24 of the Revised Code, no portion of the 9,787
amount may be charged to the mutualized account established by 9,788
division (B) of section 4141.25 of the Revised Code. 9,789
(c) The director may prescribe regulations under which 9,792
organizations, which have elected to make payments in lieu of 9,793
contributions may request permission to make such payments in
equal installments throughout the year with an adjustment at the 9,794
end of the year for any excess or shortage of the amount of such 9,795
installment payments compared with the total amount of benefits 9,796
actually charged the organization's account during the year. In 9,797
making any adjustment, where the total installment payments are 9,798
less than the actual benefits charged, the organization shall be 9,799
liable for payment of the unpaid balance in accordance with 9,800
division (B)(2) of this section. If the total installment 9,801
payments exceed the actual benefits charged, all or part of the 9,802
excess may, at the discretion of the director, be refunded or 9,805
retained in the fund as part of the payments which may be
required in the next year. 9,806
231
(2) Payment of any bill rendered under division (B)(1) of 9,808
this section shall be made not later than thirty days after the 9,809
bill was mailed to the last known address of the organization or 9,810
was otherwise delivered to it, unless there has been an 9,811
application for review and redetermination in accordance with 9,812
division (B)(4) of this section. 9,813
(3) Payments made by an organization under this section 9,815
shall not be deducted or deductible, in whole or in part, from 9,816
the remuneration of individuals in the employ of the 9,817
organization. 9,818
(4) An organization may file an application for review and 9,820
redetermination of the amounts appearing on any bill rendered to 9,821
such organization under division (B)(1) of this section. The 9,822
application shall be filed and determined under division 9,824
(D)(3)(4) of section 4141.24 of the Revised Code. 9,825
(5) Past-due payments of amounts in lieu of contributions 9,827
shall be subject to the same interest rates and collection 9,828
procedures that apply to past-due contributions under sections 9,829
4141.23 and 414.27 of the Revised Code. In case of faiurre to 9,830
file a required quarterly report within the time prescribed by 9,831
the director, the nonprofit organization shall be subject to a 9,834
forfeiture pursuant to section 4141.20 of the Revised Code for
each quarterly report that is not timely filed. 9,835
All interest and forfeitures collected under this division 9,837
shall be paid into the unemployment compensation special 9,838
administrative fund as provided in section 4141.11 of the Revised 9,839
Code. 9,840
(6) All payments in lieu of contributions collected under 9,842
this section shall be paid into the unemployment compensation 9,843
fund as provided in section 4141.09 of the Revised Code. Any 9,844
refunds of such payments shall be paid from the unemployment 9,845
compensation fund, as provided in section 4141.09 of the Revised 9,846
Code. 9,847
(C)(1) Any nonprofit organization, or group of such 9,849
232
organizations approved under division (D) of this section, that 9,851
elects to become liable for payments in lieu of contributions 9,852
shall be required within thirty days after the effective date of 9,853
its election, to execute and file with the director a surety bond 9,856
approved by the director or it may elect instead to deposit with 9,858
the director approved municipal or other bonds, or approved 9,860
securities, or a combination thereof, or other forms of
collateral security approved by the director. 9,861
(2)(a) The amount of the bond or deposit required shall be 9,863
equal to three per cent of the organization's wages paid for 9,864
employment as defined in section 4141.01 of the Revised Code that 9,865
would have been taxable had the organization been a subject 9,866
employer during the four calendar quarters immediately preceding 9,867
the effective date of the election, or the amount established by 9,869
the director within the limitation provided in division (C)(2)(d) 9,871
of this section, whichever is the less. The effective date of 9,872
the amount of the bond or other collateral security required 9,873
after the employer initially is determined by the director to be 9,874
liable for payments in lieu of contributions shall be the renewal 9,876
date in the case of a bond or the biennial anniversary of the 9,877
effective date of election in the case of deposit of securities 9,878
or other forms of collateral security approved by the director, 9,879
whichever date shall be most recent and applicable. If the 9,880
nonprofit organization did not pay wages in each of such four 9,881
calendar quarters, the amount of the bond or deposit shall be as 9,882
determined by the director under regulations prescribed for this 9,885
purpose.
(b) Any bond or other form of collateral security approved 9,887
by the director deposited under this division shall be in force 9,889
for a period of not less than two calendar years and shall be 9,890
renewed with the approval of the director, at such times as the 9,892
director may prescribe, but not less frequently than at two-year 9,894
intervals as long as the organization continues to be liable for 9,895
payments in lieu of contributions. The director shall require 9,897
233
adjustments to be made in a previously filed bond or other form
of collateral security as the director considers appropriate. If 9,899
the bond or other form of collateral security is to be increased, 9,901
the adjusted bond or collateral security shall be filed by the 9,902
organization within thirty days of the date that notice of the 9,903
required adjustment was mailed or otherwise delivered to it. 9,904
Failure by any organization covered by such bond or collateral 9,905
security to pay the full amount of payments in lieu of 9,906
contributions when due, together with any applicable interest
provided for in division (B)(5) of this section, shall render the 9,907
surety liable on the bond or collateral security to the extent of 9,908
the bond or collateral security, as though the surety was the 9,910
organization.
(c) Any securities accepted in lieu of surety bond by the 9,912
director shall be deposited with the treasurer of state who shall 9,915
have custody thereof and retain the same in the treasurer of 9,916
state's possession, or release them, according to conditions
prescribed by regulations of the director. Income from the 9,918
securities, held in custody by the treasurer of state, shall 9,920
accrue to the benefit of the depositor and shall be distributed 9,921
to the depositor in the absence of any notification from the 9,922
director that the depositor is in default on any payment owed to 9,924
the director. The director may require the sale of any such 9,926
bonds to the extent necessary to satisfy any unpaid payments in 9,927
lieu of contributions, together with any applicable interest or 9,928
forfeitures provided for in division (B)(5) of this section. The 9,929
director shall require the employer within thirty days following 9,931
any sale of deposited securities, under this subdivision, to 9,932
deposit additional securities, surety bond, or combination of 9,933
both, to make whole the employer's security deposit at the 9,934
approved level. Any cash remaining from the sale of such 9,935
securities may, at the discretion of the director, be refunded in 9,936
whole or in part, or be paid into the unemployment compensation 9,938
fund to cover future payments required of the organization. 9,939
234
(d) The required bond or deposit for any nonprofit 9,941
organization, or group of such organizations approved by the 9,942
director under division (D) of this section, that is determined 9,944
by the director to be liable for payments in lieu of 9,946
contributions effective beginning on and after January 1, 1996,
but prior to January 1, 1998, and the required bond or deposit 9,947
for any renewed elections under division (C)(2)(b) of this 9,948
section effective during that period shall not exceed one million 9,949
two hundred fifty thousand dollars. The required bond or deposit 9,950
for any nonprofit organization, or group of such organizations 9,951
approved by the director under division (D) of this section, that 9,953
is determined to be liable for payments in lieu of contributions
effective on and after January 1, 1998, and the required bond or 9,954
deposit for any renewed elections effective on and after January 9,956
1, 1998, shall not exceed two million dollars.
(3) If any nonprofit organization fails to file a bond or 9,958
make a deposit, or to file a bond in an increased amount or to 9,959
make whole the amount of a previously made deposit, as provided 9,960
under this division, the director may terminate the 9,962
organization's election to make payments in lieu of contributions 9,963
effective for the quarter following such failure and the 9,964
termination shall continue for not less than the remainder of 9,965
that calendar year and the next calendar year, beginning with the 9,966
quarter in which the termination becomes effective; except that 9,967
the director may extend for good cause the applicable filing, 9,970
deposit, or adjustment period by not more than thirty days. 9,971
(D)(1) Two or more nonprofit organizations that have 9,973
become liable for payments in lieu of contributions, in 9,974
accordance with division (A) of this section, may file a joint 9,975
application to the director for the establishment of the group 9,978
account for the purpose of sharing the cost of benefits paid that 9,979
are attributable to service in the employ of those employers. 9,980
Notwithstanding division (E) of section 4141.242 of the Revised 9,981
Code, hospitals operated by this state or a political subdivision 9,982
235
may participate in a group account with nonprofit organizations 9,983
under the procedures set forth in this section. Each application 9,984
shall identify and authorize a group representative to act as the 9,985
group's agent for the purposes of this division. 9,986
(2) Upon the director's approval of the application, the 9,989
director shall establish a group account for the employers 9,991
effective as of the beginning of the calendar quarter in which 9,992
the director receives the application and shall notify the 9,994
group's representative of the effective date of the account. The 9,995
account shall remain in effect for not less than two years and 9,996
thereafter until terminated by the director or upon application 9,998
by the group. 9,999
(3) Upon establishment of the account, each member of the 10,001
group shall be liable, in the event that the group representative 10,002
fails to pay any bill issued to it pursuant to division (B) of 10,003
this section, for payments in lieu of contributions with respect 10,004
to each calendar quarter in the amount that bears the same ratio 10,005
to the total benefits paid in the quarter that are attributable 10,006
to service performed in the employ of all members of the group as 10,007
the total wages paid for service in employment by the member in 10,008
the quarter bear to the total wages paid during the quarter for 10,009
service performed in the employ of all members of the group. 10,010
(4) The director shall adopt regulations as considered 10,013
necessary with respect to the following: applications for 10,014
establishment, bonding, maintenance, and termination of group 10,015
accounts that are authorized by this section; addition of new 10,016
members to and withdrawal of active members from such accounts; 10,017
and the determination of the amounts that are payable under this 10,018
division by the group representative and in the event of default 10,019
in payment by the group representative, members of the group, and 10,020
the time and manner of payments. 10,021
Sec. 4141.28. (A) Applications for determination of 10,030
benefit rights and claims for benefits shall be filed with a 10,031
deputy of the director of job and family services designated for 10,033
236
the purpose. Such applications and claims may also be filed with 10,034
an employee of another state or federal agency charged with the 10,035
duty of accepting applications and claims for unemployment
benefits or with an employee of the unemployment insurance 10,036
commission of Canada. 10,037
When a former employee of a state agency, board, or 10,039
commission that has terminated its operations files an 10,040
application under this division, the former employee shall give 10,041
notice that the agency, board, or commission has terminated its 10,042
operations. All notices or information required to be sent under 10,043
this chapter to or furnished by the applicant's employer shall be 10,044
sent to or furnished by the director of administrative services. 10,045
(B)(1) When an unemployed individual files an application 10,047
for determination of benefit rights, the director of job and 10,049
family services shall furnish the individual with the information 10,050
specified in division (A) of section 4141.321 of the Revised Code 10,051
and with a pamphlet giving instructions for the steps an 10,053
applicant may take if the applicant's claim for benefits is 10,054
disallowed. The pamphlet INSTRUCTIONS shall state the 10,055
applicant's right of appeal, clearly describe the different 10,057
levels of appeal, and explain where and when each appeal must be 10,058
filed. In filing an application, the individual shall, for the 10,059
individual's most recent employment, furnish the director with 10,060
either:
(a) The information furnished by the employer as provided 10,062
for in division (B)(2) of this section; 10,063
(b) The name and address of the employer for whom the 10,065
individual performed services and the individual's written 10,066
statement of the reason for separation from the employer. 10,067
Where the claimant has furnished information in accordance 10,069
with division (B)(1)(b) of this section, the director shall 10,070
promptly send a notice in writing that such filing has been made 10,071
to the individual's most recent separating employer, which notice 10,072
shall request from the employer the reason for the individual's 10,073
237
unemployment, EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN 10,074
DIVISION (B)(5) OF THIS SECTION. The director also may request 10,077
from any base period employer information necessary for the 10,078
determination of the claimant's rights to benefits. Information 10,079
as to the reason for unemployment preceding an additional claim 10,081
shall be obtained in the same manner. Requests
REQUESTS for such information shall be dated by the 10,084
director with the date on which they are mailed. If the employer 10,085
fails to mail or deliver such information within ten working days 10,086
from the date the director mailed and dated such request, and if 10,088
necessary to assure prompt payment of benefits when due, the 10,089
director shall make the determination, and shall base the 10,091
determination on such information as is available to the
director, which shall include the claimant's statement made under 10,093
division (B)(1)(b) of this section. The 10,094
THE determination, as it relates to the claimant's 10,097
determination of benefit rights, shall be amended upon receipt of 10,098
correct remuneration information at any time within the benefit 10,099
year and any benefits paid and charged to an employer's account 10,100
prior to the receipt of such information shall be adjusted, 10,101
effective as of the beginning of the claimant's benefit year. 10,102
(2) An employer who separates within any seven-day period 10,104
fifty or more individuals because of lack of work, and these 10,105
individuals upon separation will be unemployed as defined in 10,106
division (R) of section 4141.01 of the Revised Code, shall 10,107
furnish notice to the director of the dates of separation and the 10,109
approximate number of individuals being separated. The notice 10,110
shall be furnished at least three working days prior to the date 10,111
of the first day of such separations. In addition, at the time 10,112
of separation the employer shall furnish to the individual being 10,113
separated or to the director separation information necessary to 10,114
determine the individual's eligibility, on forms and in a manner 10,115
approved by the director.
An employer who operates multiple business establishments 10,117
238
at which both the effective authority for hiring and separation 10,118
of employees and payroll information is located and who, because 10,119
of lack of work, separates a total of fifty or more individuals 10,120
at two or more business establishments is exempt from the first 10,121
paragraph of division (B)(2) of this section. This paragraph 10,122
shall not be construed to relieve an employer who operates 10,123
multiple business establishments from complying with division 10,124
(B)(2) of this section where the employer separates fifty or more 10,125
individuals at any business establishment within a seven-day 10,126
period. 10,127
An employer of individuals engaged in connection with the 10,129
commercial canning or commercial freezing of fruits and 10,130
vegetables is exempt from the provision of division (B)(2) of 10,131
this section that requires an employer to furnish notice of 10,132
separation at least three working days prior to the date of the 10,133
first day of such separations. 10,134
(3) Where an individual at the time of filing an 10,136
application for determination of benefit rights furnishes 10,137
separation information provided by the employer or where the 10,138
employer has provided the director with the information in 10,139
accordance with division (B)(2) of this section, the director 10,141
shall make a determination of eligibility on the basis of the 10,142
information furnished. The director shall promptly notify all 10,143
interested parties under division (D)(1) of this section of the 10,144
determination.
(4) Where an employer has furnished separation information 10,146
under division (B)(2) of this section which is insufficient to 10,147
enable the director to make a determination of a claim for 10,148
benefits of an individual, or where the individual fails at the 10,149
time of filing an application for determination of benefit rights 10,150
to produce the separation information furnished by an employer, 10,151
the director shall follow the provisions specified in division 10,153
(B)(1) of this section.
(5) THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED 10,155
239
UNDER DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS 10,156
TRUE WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR 10,157
DETERMINATION OF BENEFIT RIGHTS: 10,158
(a) THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A 10,160
PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE 10,161
DISQUALIFIED FROM RECEIVING BENEFITS; 10,162
(b) THE INDIVIDUAL'S EMPLOYER INDICATES TO THE 10,164
ADMINISTRATOR THAT THE NOTICE IS NOT NEEDED; 10,165
(c) THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE 10,167
INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK, 10,168
THE ADMINISTRATOR RECEIVED INFORMATION REGARDING THE SEPARATIONS 10,170
PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND THE REASON FOR 10,171
THE SEPARATION IS NOT DISPUTED.
(C) The director shall promptly examine any application 10,174
for determination of benefit rights filed, and on the basis of 10,175
any facts found by the director shall determine whether or not 10,176
the application is valid, and if valid, the date on which the 10,177
benefit year shall commence and the weekly benefit amount. The 10,178
claimant, the most recent employer, and any other employer in the 10,179
claimant's base period shall promptly be notified of the 10,180
determination and the reasons therefor. In addition, the 10,181
determination issued to the claimant shall include the total 10,182
amount of benefits payable, and the determination issued to each 10,183
chargeable base period employer shall include the total amount of 10,184
benefits which may be charged to the employer's account. 10,185
(D)(1) The director shall examine the first claim for 10,188
benefits filed in any benefit year, and any additional claim, and 10,189
on the basis of any facts found by the director shall determine 10,190
whether division (D) of section 4141.29 of the Revised Code is 10,191
applicable to the claimant's most recent separation and, to the 10,192
extent necessary, prior separations from work, and whether the 10,193
separation reason is qualifying or disqualifying for the ensuing 10,194
period of unemployment. Notice of such determination shall be 10,195
mailed to the claimant, the claimant's most recent separating 10,196
240
employer, and any other employer involved in the determination. 10,197
(a) Whenever the director has reason to believe that the 10,200
unemployment of twenty-five or more individuals relates to a
labor dispute, the director, within five calendar days after 10,202
their claims are filed, shall schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to 10,203
all interested parties, including the duly authorized 10,204
representative of the parties, as provided in division (D)(1) of 10,205
this section. The hearing date shall be scheduled so as to 10,206
provide at least ten days' prior notice of the time and date of 10,207
the hearing. A similar hearing, in such cases, may be scheduled 10,208
when there is a dispute as to the duration or ending date of the 10,209
labor dispute. 10,210
(b) The director shall appoint a hearing officer to 10,212
conduct the hearing of the case under division (D)(1)(a) of this 10,213
section. The hearing officer is not bound by common law or 10,214
statutory rules of evidence or by technical or formal rules of 10,215
procedure, but shall take any steps that are reasonable and 10,216
necessary to obtain the facts and determine whether the claimants 10,217
are entitled to benefits under the law. The failure of any 10,218
interested party to appear at the hearing shall not preclude a 10,219
decision based upon all the facts available to the hearing 10,220
officer. The proceeding at the hearing shall be recorded by 10,221
mechanical means or by other means prescribed by the director. 10,223
The record need not be transcribed unless an application for 10,224
appeal is filed on the decision and the chairperson of the 10,225
unemployment compensation review commission requests a transcript 10,226
of the hearing within fourteen days after the application for 10,227
appeal is received by the commission. The director shall 10,228
prescribe rules concerning the conduct of the hearings and all 10,230
related matters and appoint an attorney to direct the operation 10,231
of this function.
(c) The director shall issue the hearing officer's 10,233
decisions and reasons therefor on the case within ten calendar 10,234
241
days after the hearing. The hearing officer's decision issued by 10,235
the director is final unless an application for appeal is filed 10,237
with the review commission within twenty-one days after the 10,238
decision was mailed to all interested parties. The director, 10,239
within the twenty-one-day appeal period, may remove and vacate 10,241
the decision and issue a revised determination and appeal date. 10,242
(d) Upon receipt of the application for appeal, the full 10,244
review commission shall review the director's decision and either 10,247
schedule a further hearing on the case or disallow the
application. The review commission shall review the director's 10,249
decision within fourteen days after receipt of the decision or 10,251
the receipt of a transcript requested under division (D)(1)(b) of 10,252
this section, whichever is later.
(i) When a further hearing is granted, the commission 10,254
shall make the director's decision and record of the case, as 10,257
certified by the director, a part of the record and shall 10,259
consider the director's decision and record in arriving at a 10,261
decision on the case. The commission's decision affirming, 10,263
modifying, or reversing the director's decision, following the 10,265
further appeal, shall be mailed to all interested parties within 10,266
fourteen days after the hearing. 10,267
(ii) A decision of the disallowance of a further appeal 10,269
shall be mailed to all interested parties within fourteen days 10,270
after the commission makes the decision to disallow. The 10,271
disallowance is deemed an affirmation of the director's decision. 10,274
(iii) The time limits specified in divisions (D)(1)(a), 10,276
(b), (c), and (d) of this section may be extended by agreement of 10,277
all interested parties or for cause beyond the control of the 10,278
director or the commission. 10,279
(e) An appeal of the commission's decision issued under 10,281
division (D)(1)(d) of this section may be taken to the court of 10,282
common pleas as provided in division (O) of this section. 10,283
(f) A labor dispute decision involving fewer than 10,285
twenty-five individuals shall be determined under division (D)(1) 10,286
242
of this section and the review commission shall determine any 10,288
appeal from the decision pursuant to division (M) of this section 10,289
and within the time limits provided in division (D)(1)(d) of this 10,290
section. 10,291
(2) The determination of a first or additional claim, 10,293
including the reasons therefor, shall be mailed to the claimant, 10,294
the claimant's most recent separating employer, and any other 10,295
employer involved in the determination. 10,296
When the determination of a continued claim results in a 10,299
disallowed claim, the director shall notify the claimant of such 10,300
disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable 10,302
to unemployment caused by a major disaster, as declared by the 10,303
president of the United States pursuant to the "Disaster Relief 10,304
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 10,305
filing the claim would otherwise have been eligible for disaster 10,306
unemployment assistance under that act, then upon application by 10,307
the employer any benefits paid on the claim shall not be charged 10,308
to the account of the employer who would have been charged on 10,309
such claim but instead shall be charged to the mutualized account 10,310
described in section 4141.25 of the Revised Code, provided that 10,311
this division is not applicable to an employer electing 10,312
reimbursing status under section 4141.241 of the Revised Code, 10,313
except reimbursing employers for whom benefit charges are charged 10,314
to the mutualized account pursuant to division (D)(2) of section 10,316
4141.24 of the Revised Code. 10,317
(4)(a) An individual filing a new claim for unemployment 10,319
compensation shall disclose, at the time of filing, whether or 10,320
not the individual owes child support obligations. In such a 10,321
case, the director shall notify the appropriate work unit within 10,323
the department or the local child support enforcement agency 10,324
enforcing the obligation only if the claimant has been determined 10,325
to be eligible for unemployment compensation. 10,326
(b) The director shall deduct and withhold from 10,328
243
unemployment compensation payable to an individual who owes child 10,329
support obligations: 10,330
(i) Any amount required to be deducted and withheld from 10,332
the unemployment compensation pursuant to legal process, as that 10,333
term is defined in section 459(i)(5) of the "Social Security 10,334
Act," as amended by the "Personal Responsibility and Work 10,335
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 10,336
U.S.C. 659, and properly served upon the director, as described 10,337
in division (D)(4)(c) of this section; or 10,338
(ii) Where division (D)(4)(b)(i) of this section is 10,340
inapplicable, in the amount determined pursuant to an agreement 10,341
submitted to the director under section 454(19)(B)(i) of the 10,343
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
by the state or local child support enforcement agency; or 10,344
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 10,346
section is applicable, then in the amount specified by the 10,347
individual. 10,348
(c) The director shall receive all legal process described 10,351
in division (D)(4)(b)(i) of this section from each local child 10,352
support enforcement agency, which legal process was issued by the 10,353
agency under section 2301.371 of the Revised Code or otherwise 10,354
was issued by the agency. 10,355
(d) The amount of unemployment compensation subject to 10,357
being withheld pursuant to division (D)(4)(b) of this section is 10,358
that amount which remains payable to the individual after 10,359
application of any recoupment provisions for recovery of 10,360
overpayments and after deductions which have been made under this 10,361
chapter for deductible income received by the individual. 10,362
Effective for applications to establish unemployment compensation 10,363
benefit rights filed after December 27, 1997, the amount withheld 10,364
with respect to a week of unemployment benefits shall not exceed 10,365
fifty per cent of the individual's weekly benefit amount as 10,366
determined by the director.
(e) Any amount deducted and withheld under division 10,368
244
(D)(4)(b) of this section shall be paid to the appropriate state 10,369
or local child support enforcement agency in the following 10,370
manner: 10,371
(i) The director shall determine the amounts that are to 10,374
be deducted and withheld on a per county basis.
(ii) For each county, the director shall forward to the 10,378
local child support enforcement agency of the county, the amount
determined for that county under division (D)(4)(e)(i) of this 10,381
section for disbursement to the obligees or assignees of such 10,382
support obligations. 10,383
(f) Any amount deducted and withheld under division 10,385
(D)(4)(b) of this section shall for all purposes be treated as if 10,386
it were paid to the individual as unemployment compensation and 10,387
paid by the individual to the state or local child support agency 10,388
in satisfaction of the individual's child support obligations. 10,389
(g) Division (D)(4) of this section applies only if 10,391
appropriate arrangements have been made for reimbursement by the 10,392
state or local child support enforcement agency for the 10,393
administrative costs incurred by the director under this section 10,395
which are associated with or attributable to child support 10,396
obligations being enforced by the state or local child support 10,397
enforcement agency.
(h) As used in division (D)(4) of this section: 10,399
(i) "Child support obligations" means only obligations 10,401
which are being enforced pursuant to a plan described in section 10,402
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 10,403
as amended, which has been approved by the United States 10,404
secretary of health and human services under part D of Title IV 10,405
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 10,406
amended. 10,407
(ii) "State child support enforcement agency" means the 10,409
work unit within the department of job and family services, or 10,411
the state agency of another state, designated as the single state 10,413
agency for the administration of the program of child support 10,414
245
enforcement pursuant to part D of Title IV of the "Social 10,415
Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended. 10,416
(iii) "Local child support enforcement agency" means a 10,418
child support enforcement agency or any other agency of a 10,419
political subdivision of the state operating pursuant to a plan 10,420
mentioned in division (D)(4)(h)(i) of this section. 10,421
(iv) "Unemployment compensation" means any compensation 10,423
payable under this chapter including amounts payable by the 10,424
director pursuant to an agreement under any federal law providing 10,427
for compensation, assistance, or allowances with respect to 10,428
unemployment.
(E)(1) Any base period or subsequent employer of a 10,430
claimant who has knowledge of specific facts affecting such 10,431
claimant's right to receive benefits for any week may notify the 10,432
director in writing of such facts. The director shall prescribe 10,435
a form to be used for such eligibility notice, but failure to use 10,436
the prescribed form shall not preclude the director's examination 10,437
of any notice.
(2) An eligibility notice is timely filed if received by 10,439
the director or postmarked prior to or within forty-five calendar 10,441
days after the end of the week with respect to which a claim for 10,442
benefits is filed by the claimant. An employer who does not 10,443
timely file an eligibility notice shall not be an interested 10,444
party with respect to the claim for benefits which is the subject 10,445
of the notice.
(3) The director shall consider the information contained 10,448
in the eligibility notice, together with other facts found by the 10,449
director and, after giving notice to the claimant, shall 10,450
determine, unless a prior determination on the same eligibility 10,451
issue has become final, whether such claim shall be allowed or 10,452
disallowed, and shall mail notice of such determination to the 10,454
notifying employer who timely filed the eligibility notice, to 10,455
the claimant, and to other interested parties. If the 10,456
determination disallows benefits for any week in question, the 10,457
246
payment of benefits with respect to that week shall be withheld 10,459
pending further appeal, or an overpayment order shall be issued 10,460
by the director as prescribed in section 4141.35 of the Revised 10,461
Code, if applicable. 10,462
(F) In making determinations, the director shall follow 10,465
decisions of the unemployment compensation review commission 10,466
which have become final with respect to claimants similarly 10,467
situated.
(G)(1) Until October 1, 1998, any interested party 10,470
notified of a determination of an application for determination 10,471
of benefit rights or a claim for benefits may, within twenty-one 10,472
calendar days after the notice was mailed to the party's last 10,473
known post-office address, apply in writing for a reconsideration 10,474
of the director's determination. 10,475
On and after October 1, 1998, any ANY party notified of a 10,478
determination may appeal within twenty-one calendar days after 10,479
notice was mailed to the party's last known post-office address 10,480
or within an extended period pursuant to division (Q)(P) of this 10,482
section. Upon receipt of the appeal, the director either shall 10,484
issue a redetermination within twenty-one days of receipt or 10,485
transfer the appeal to the commission, which shall acquire 10,486
jurisdiction over the appeal. If the director issues a 10,488
redetermination, the redetermination shall void the prior 10,489
determination. A redetermination under this section is
appealable to the same extent that a determination is appealable. 10,491
(2) If the director finds within the benefit year that the 10,494
determination was erroneous due to an error in an employer's 10,495
report other than a report to correct remuneration information as 10,496
provided in division (B) of this section or any typographical or 10,497
clerical error in the director's determination, the director 10,499
shall issue a corrected determination to all interested parties, 10,501
which determination shall take precedence over and void the prior 10,503
determination of the director, provided no appeal has been filed 10,504
with the commission.
247
(3) If benefits are allowed by the director in a 10,507
determination, or in a decision by a hearing officer, the review 10,508
commission, or a court, the benefits shall be paid promptly, 10,509
notwithstanding any further appeal, provided that if benefits are 10,510
denied on appeal, of which the parties have notice and an 10,511
opportunity to be heard, the payment of benefits shall be 10,513
withheld pending a decision on any further appeal. 10,514
(4) Any benefits paid to a claimant under this section 10,516
prior to a final determination of the claimant's right to the 10,517
benefits shall be charged to the employer's account as provided 10,519
in division (D) of section 4141.24 of the Revised Code, provided 10,520
that if there is no final determination of the claim by the 10,521
subsequent thirtieth day of June, the employer's account will be 10,522
credited with the total amount of benefits which has been paid 10,523
prior to that date, based on the determination which has not 10,524
become final. The total amount credited to the employer's 10,525
account shall be charged to a suspense account which shall be 10,526
maintained as a separate bookkeeping account and administered as 10,527
a part of section 4141.24 of the Revised Code, and shall not be 10,528
used in determining the account balance of the employer for the 10,529
purpose of computing the employer's contribution rate under 10,530
section 4141.25 of the Revised Code. If it is finally determined 10,531
that the claimant is entitled to all or a part of the benefits in 10,532
dispute, the suspense account shall be credited and the 10,533
appropriate employer's account charged with the benefits. If it 10,534
is finally determined that the claimant is not entitled to all or 10,535
any portion of the benefits in dispute, the benefits shall be 10,536
credited to the suspense account and a corresponding charge made 10,537
to the mutualized account established in division (B) of section 10,538
4141.25 of the Revised Code, provided that, except as otherwise 10,540
provided in this division, if benefits are chargeable to an 10,541
employer or group of employers who is required or elects to make 10,542
payments to the fund in lieu of contributions under section 10,543
4141.241 of the Revised Code, the benefits shall be charged to 10,544
248
the employer's account in the manner provided in division (D) of 10,545
section 4141.24 and division (B) of section 4141.241 of the 10,546
Revised Code, and no part of the benefits may be charged to the 10,547
suspense account provided in this division. To the extent that 10,548
benefits which have been paid to a claimant and charged to the 10,549
employer's account are found not to be due the claimant and are 10,550
recovered by the director as provided in section 4141.35 of the 10,551
Revised Code, they shall be credited to the employer's account. 10,552
(H) Until October 1, 1998, any interested party may appeal 10,555
the director's decision on reconsideration to the commission and 10,556
unless an appeal is filed from such decision on reconsideration 10,558
with the commission within twenty-one calendar days after such 10,560
decision was mailed to the last known post-office address of the 10,561
appellant, or within an extended period pursuant to division (Q) 10,562
of this section, such decision on reconsideration is final and 10,563
benefits shall be paid or denied in accordance therewith. The 10,564
date of the mailing provided by the director on determination or 10,566
decision on reconsideration is sufficient evidence upon which to 10,567
conclude that the determination or decision on reconsideration
was mailed on that date. 10,568
On and after October 1, 1998, the THE date of the mailing 10,571
provided by the director on the determination or redetermination 10,572
is sufficient evidence upon which to conclude that the 10,573
determination or redetermination was mailed on that date. 10,574
(I) Appeals may be filed with the director, commission, 10,577
with an employee of another state or federal agency charged with 10,579
the duty of accepting claims, or with the unemployment insurance 10,581
commission of Canada.
(1) Any timely written notice that the interested party 10,584
desires to appeal shall be accepted.
(2) The director, commission, or authorized agent must 10,586
receive the appeal within the specified appeal period in order 10,588
for the appeal to be deemed timely filed, except that: 10,589
(a) If the United States postal service is used as the 10,591
249
means of delivery, the enclosing envelope must have a postmark 10,592
date, as governed by United States postal regulations, that is on 10,593
or before the last day of the specified appeal period; and 10,594
(b) Where the postmark date is illegible or missing, the 10,596
appeal is timely filed if received no later than the end of the 10,598
third calendar day following the last day of the specified appeal 10,599
period.
(3) The director may adopt rules pertaining to alternate 10,601
methods of filing appeals. 10,602
(J) When an appeal from a determination of the director is 10,606
taken to the commission at the hearing officer level, all 10,607
interested parties shall be notified and the commission, after 10,610
affording such parties reasonable opportunity for a fair hearing, 10,611
shall affirm, modify, or reverse the determination of the 10,613
director in the manner that appears just and proper. However, 10,614
the commission may refer a case to the director for a 10,615
redetermination if the commission decides that the case does not 10,616
require a hearing. In the conduct of a hearing by a hearing 10,617
officer or any other hearing on appeal to the commission which is 10,619
provided in this section, the hearing officers are not bound by 10,621
common law or statutory rules of evidence or by technical or 10,623
formal rules of procedure. The hearing officers shall take any 10,624
steps in the hearings, consistent with the impartial discharge of 10,627
their duties, which appear reasonable and necessary to ascertain 10,628
the facts and determine whether the claimant is entitled to 10,629
benefits under the law. The hearings shall be de novo, except 10,631
that the director's file pertaining to a case shall be included 10,633
in the record to be considered. 10,634
The hearing officers may conduct any such hearing in person 10,638
or by telephone. The commission shall adopt rules which 10,640
designate the circumstances under which hearing officers may
conduct a hearing by telephone, grant a party to the hearing the 10,643
opportunity to object to a hearing by telephone, and govern the 10,644
conduct of hearings by telephone. An interested party whose 10,645
250
hearing would be by telephone pursuant to the commission rules 10,646
may elect to have an in-person hearing, provided that the party 10,647
electing the in-person hearing agrees to have the hearing at the 10,648
time and place the commission determines pursuant to rule. 10,649
(1) The failure of the claimant or other interested party 10,651
to appear at a hearing, unless the claimant or interested party 10,652
is the appealing party, shall not preclude a decision in the 10,654
claimant's or interested party's favor, if on the basis of all 10,655
the information in the record, including that contained in the 10,656
file of the director, the claimant or interested party is 10,657
entitled to the decision. 10,658
(2) If the party appealing fails to appear at the hearing, 10,660
the hearing officer shall dismiss the appeal, provided that the 10,664
hearing officer or commission shall vacate the dismissal upon a 10,666
showing that due notice of the hearing was not mailed to such 10,667
party's last known address or good cause for the failure to 10,668
appear is shown to the commission within fourteen days after the 10,671
hearing date. No further appeal from the decision may thereafter 10,672
be instituted by such party. If the other party fails to appear 10,673
at the hearing, the hearing officer shall proceed with the 10,676
hearing and shall issue a decision based on the evidence of 10,677
record, including the director's file. The commission shall 10,679
vacate the decision upon a showing that due notice of the hearing 10,682
was not mailed to such party's last known address or good cause 10,683
for such party's failure to appear is shown to the commission 10,685
within fourteen days after the hearing date. 10,686
(3) Where a party requests that a hearing be scheduled in 10,688
the evening because the party is employed during the day, the 10,689
commission shall schedule the hearing during such hours as the 10,692
party is not employed. 10,693
(4) The interested parties may waive, in writing, the 10,696
hearing. If the parties waive the hearing, the hearing officer 10,697
shall issue a decision based on the evidence of record, including 10,698
the director's file. 10,699
251
(K) The proceedings at the hearing before the hearing 10,701
officer, shall be recorded by mechanical means or otherwise as 10,704
may be prescribed by the commission. In the absence of further 10,705
proceedings, the record that is made need not be transcribed. 10,707
(L) All interested parties shall be notified of the 10,709
hearing officer's decision, which shall include the reasons 10,711
therefor. The hearing officer's decision shall become final 10,712
unless, within twenty-one days after the decision was mailed to 10,713
the last known post-office address of such parties, or within an 10,714
extended period pursuant to division (Q)(P) of this section, the 10,715
commission on its own motion removes or transfers such claim to 10,717
the review level, or upon a request for review that is filed by 10,719
an interested party and is allowed by the commission. 10,721
(M) In the conduct of a hearing by the commission or a 10,724
hearing officer at the review level, the commission and the 10,725
hearing officers are not bound by common law or statutory rules 10,726
of evidence or by technical or formal rules of procedure. The 10,727
commission and the hearing officers shall take any steps in the 10,728
hearings, consistent with the impartial discharge of their 10,729
duties, that appear reasonable and necessary to ascertain the 10,730
facts and determine whether the claimant is entitled to benefits
under the law. 10,731
(1) The review commission, or a hearing officer designated 10,734
by the commission, shall consider an appeal at the review level 10,735
under the following circumstances:
(a) When an appeal is required to be heard initially by 10,738
the commission pursuant to this chapter; 10,739
(b) When the commission on its own motion removes an 10,742
appeal within twenty-one days after a hearing officer issues the 10,743
hearing officer's decision in the case; 10,744
(c) When a hearing officer refers an appeal to the 10,747
commission within twenty-one days after the hearing officer 10,748
issues the hearing officer's decision in the case; 10,749
(d) When an interested party files a request for review 10,752
252
with the commission within twenty-one days after the date a 10,753
hearing officer issues the hearing officer's decision in the 10,754
case. The commission shall disallow the request for review if it 10,755
is not timely filed.
The commission may remove, and a hearing officer may refer, 10,758
appeals involving decisions of potentially precedential value. 10,759
(2) If a request for review is timely filed, the 10,761
commission shall decide whether to allow or disallow the request 10,763
for review.
If the request for review is disallowed, the commission 10,765
shall notify all interested parties of that fact. The 10,766
disallowance of a request for review constitutes a final decision 10,768
by the commission for purposes of appeal to court. If the 10,769
request for review is allowed, the commission shall notify all 10,770
interested parties of that fact, and the commission shall provide 10,771
a reasonable period of time, as the commission defines by rule, 10,772
in which interested parties may file a response. After that
period of time, the commission, based on the record before it, 10,773
shall do one of the following at the review level: 10,774
(a) Affirm the decision of the hearing officer; 10,777
(b) Order that the case be heard or reheard by a hearing 10,780
officer;
(c) Order that the case be heard or reheard by a hearing 10,783
officer as a potential precedential decision; 10,784
(d) Order that the decision be rewritten. 10,787
(3) The commission shall send notice to all interested 10,789
parties when it orders a case to be heard or reheard. The notice 10,791
shall include the reasons for the hearing or rehearing. If the 10,792
commission identifies an appeal as a potentially precedential 10,793
case, the commission shall notify the director and other 10,794
interested parties of the special nature of the hearing. 10,795
(N) Whenever the director and the chairperson of the 10,797
review commission determine in writing and certify jointly that a 10,799
controversy exists with respect to the proper application of this 10,800
253
chapter to more than five hundred claimants similarly situated 10,801
whose claims are pending before the director or the review 10,803
commission or both on redetermination or appeal applied for or 10,804
filed by three or more employers or by such claimants, the 10,806
chairperson of the review commission shall select one such claim 10,808
which is representative of all such claims and assign it for a 10,810
fair hearing and decision. Any other claimant or employer in the 10,811
group who makes a timely request to participate in the hearing 10,812
and decision shall be given a reasonable opportunity to 10,813
participate as a party to the proceeding. 10,814
Such joint certification by the director and the 10,816
chairperson of the commission shall constitute a stay of further 10,818
proceedings in the claims of all claimants similarly situated 10,819
until the issue or issues in controversy are adjudicated by the 10,820
supreme court of Ohio. At the time the decision of the 10,821
commission is issued, the chairperson shall certify the 10,823
commission's decision directly to the supreme court of Ohio and 10,826
the chairperson shall file with the clerk of the supreme court a 10,828
certified copy of the transcript of the proceedings before the 10,829
commission pertaining to such decision. Hearings on such issues 10,831
shall take precedence over all other civil cases. If upon 10,832
hearing and consideration of such record the court decides that 10,833
the decision of the commission is unlawful, the court shall 10,835
reverse and vacate the decision or modify it and enter final 10,836
judgment in accordance with such modification; otherwise such 10,837
court shall affirm such decision. The notice of the decision of 10,838
the commission to the interested parties shall contain a 10,840
certification by the chairperson of the commission that the 10,841
decision is of great public interest and that a certified 10,843
transcript of the record of the proceedings before the commission 10,844
has been filed with the clerk of the supreme court as an appeal 10,846
to the court. Promptly upon the final judgment of the court, the 10,847
director and the commission shall decide those claims pending 10,848
before them where the facts are similar and shall notify all 10,850
254
interested parties of such decision and the reason therefor in 10,851
the manner provided for in this section. Nothing in this 10,852
division shall be construed so as to deny the right of any such 10,853
claimant, whose claim is pending before the director on 10,854
redetermination or before the commission, to apply for and be 10,857
granted an opportunity for a fair hearing to show that the facts 10,858
in the claimant's case are different from the facts in the claim 10,859
selected as the representative claim as provided in this 10,860
division, nor shall any such claimant be denied the right to
appeal the decision of the director or the commission which is 10,862
made as a result of the decision of the court in the 10,863
representative case.
(O)(1) Any interested party as defined in division (I) of 10,865
section 4141.01 of the Revised Code, within thirty days after 10,866
notice of the decision of the commission was mailed to the last 10,868
known post-office address of all interested parties, may appeal 10,869
from the decision of the commission to the court of common pleas 10,871
of the county where the appellant, if an employee, is resident or 10,872
was last employed or of the county where the appellant, if an 10,873
employer, is resident or has the principal place of business in 10,874
this state. The commission shall provide on its decision the 10,876
names and addresses of all interested parties. Such appeal shall 10,877
be taken within such thirty days by the appellant by filing a 10,878
notice of appeal with the clerk of the court of common pleas. 10,879
Such filing shall be the only act required to perfect the appeal 10,880
and vest jurisdiction in the court. Failure of an appellant to 10,881
take any step other than timely filing of a notice of appeal does 10,882
not affect the validity of the appeal, but is grounds only for 10,883
such action as the court deems appropriate, which may include 10,884
dismissal of the appeal. Such notice of appeal shall set forth 10,885
the decision appealed from. The appellant shall mail a copy of 10,886
the notice of appeal to the commission and to all interested 10,888
parties by certified mail to their last known post-office address 10,889
and proof of the mailing of the notice shall be filed with the 10,890
255
clerk within thirty days of filing the notice of appeal. All 10,891
interested parties shall be made appellees. The commission upon 10,893
receipt of the notice of appeal shall within thirty days file 10,894
with the clerk a certified transcript of the record of the 10,895
proceedings before the commission pertaining to the decision 10,897
complained of, and mail a copy of the transcript to the 10,898
appellant's attorney or to the appellant, if not represented by 10,899
counsel. The appellant shall file a statement of the assignments 10,900
of error presented for review within sixty days of the filing of 10,901
the notice of appeal with the court. The appeal shall be heard 10,902
upon such record certified by the commission. After an appeal 10,904
has been filed in the court, the commission may, by petition, be 10,906
made a party to such appeal. If the court finds that the 10,907
decision was unlawful, unreasonable, or against the manifest 10,908
weight of the evidence, it shall reverse and vacate such decision 10,909
or it may modify such decision and enter final judgment in 10,910
accordance with such modification; otherwise such court shall 10,911
affirm such decision. Any interested party shall have the right 10,912
to appeal from the decision of the court as in civil cases. 10,913
(2) If an appeal is filed after the thirty-day appeal 10,915
period established in division (O)(N)(1) of this section, the 10,916
court of common pleas shall conduct a hearing to determine 10,918
whether the appeal was timely filed pursuant to division (Q)(P) 10,919
of this section. At the hearing, additional evidence may be 10,921
introduced and oral arguments may be presented regarding the 10,922
timeliness of the filing of the appeal. If the court of common 10,923
pleas determines that the time for filing the appeal is extended 10,924
as provided in division (Q)(P) of this section and that the 10,925
appeal was filed within the extended time provided in that 10,927
division, the court shall thereafter make its decision on the 10,928
merits of the appeal. If the court of common pleas determines 10,929
that the time for filing the appeal may not be extended as 10,930
provided in division (Q)(P) of this section, the court shall 10,932
dismiss the appeal accordingly. The determination on timeliness 10,933
256
by the court of common pleas may be appealed to the court of 10,934
appeals as in civil cases, and such appeal shall be consolidated 10,935
with any appeal from the decision by the court of common pleas on 10,936
the merits of the appeal.
(P)(O) Any appeal from a determination or redetermination 10,940
of the director or a decision or order of the commission may be 10,943
executed in behalf of any party or any group of claimants by an 10,944
agent.
(Q)(P) The time for filing an appeal, a request for 10,947
review, or a court appeal under this section shall be extended as 10,950
follows:
(1) When the last day of an appeal period is a Saturday, 10,952
Sunday, or legal holiday, the appeal period is extended to the 10,953
next work day after the Saturday, Sunday, or legal holiday. 10,954
(2) When an interested party provides certified medical 10,956
evidence stating that the interested party's physical condition 10,957
or mental capacity prevented the interested party from filing an 10,959
appeal or request for review pursuant to division (G), (H), or 10,960
(L) of this section within the appropriate twenty-one-day period, 10,961
the appeal period is extended to twenty-one days after the end of 10,962
the physical or mental condition and the appeal, or request for 10,964
review is considered timely filed if filed within that extended 10,966
period.
(3) When an interested party provides evidence, which 10,968
evidence may consist of testimony from the interested party, that 10,969
is sufficient to establish that the party did not actually 10,970
receive the determination or decision within the applicable 10,972
appeal period pursuant to division (G), (H), or (L) of this 10,973
section, and the director or the commission finds that the 10,974
interested party did not actually receive the determination or 10,976
decision within the applicable appeal period, then the appeal 10,977
period is extended to twenty-one days after the interested party 10,978
actually receives the determination or decision. 10,979
(4) When an interested party provides evidence, which 10,981
257
evidence may consist of testimony from the interested party, that 10,982
is sufficient to establish that the party did not actually 10,983
receive a decision within the thirty-day appeal period provided 10,984
in division (O)(N)(1) of this section, and a court of common 10,985
pleas finds that the interested party did not actually receive 10,987
the decision within that thirty-day appeal period, then the 10,988
appeal period is extended to thirty days after the interested 10,989
party actually receives the decision. 10,990
(R)(Q) No finding of fact or law, decision, or order of 10,992
the director, hearing officer, or the review commission, or a 10,994
reviewing court pursuant to this section, shall be given 10,996
collateral estoppel or res judicata effect in any separate or 10,997
subsequent judicial, administrative, or arbitration proceeding, 10,998
other than a proceeding arising under this chapter. 10,999
Sec. 4141.29. Each eligible individual shall receive 11,008
benefits as compensation for loss of remuneration due to 11,009
involuntary total or partial unemployment in the amounts and 11,010
subject to the conditions stipulated in this chapter. 11,011
(A) No individual is entitled to a waiting period or 11,013
benefits for any week unless the individual: 11,014
(1) Has filed a valid application for determination of 11,016
benefit rights in accordance with section 4141.28 of the Revised 11,017
Code; 11,018
(2) Has made a claim for benefits in accordance with 11,020
section 4141.28 of the Revised Code; 11,021
(3) Has registered at an employment office or other 11,023
registration place maintained or designated by the director of 11,025
job and family services. Registration shall be made in 11,027
accordance with the time limits, frequency, and manner prescribed 11,028
by the director.
(4)(a) Is able to work and available for suitable work and 11,030
is actively seeking suitable work either in a locality in which 11,031
the individual has earned wages subject to this chapter during 11,033
the individual's base period, or if the individual leaves that 11,034
258
locality, then in a locality where suitable work normally is 11,036
performed.
The director may waive the requirement that a claimant be 11,040
actively seeking work when the director finds that an individual 11,042
has been laid off and the employer who laid the individual off 11,043
has notified the director within ten days after the layoff, that 11,045
work is expected to be available for the individual within a 11,047
specified number of days not to exceed forty-five calendar days 11,048
following the last day the individual worked. In the event the 11,049
individual is not recalled within the specified period, this 11,050
waiver shall cease to be operative with respect to that layoff. 11,052
(b) The individual shall be instructed as to the efforts 11,054
that the individual must make in the search for suitable work, 11,056
except where the active search for work requirement has been 11,057
waived under division (A)(4)(a) of this section, and shall keep a 11,058
record of where and when the individual has sought work in 11,059
complying with those instructions and, upon request, shall 11,061
produce that record for examination by the director. 11,063
(c) An individual who is attending a training course 11,065
approved by the director meets the requirement of this division, 11,068
if attendance was recommended by the director and the individual 11,070
is regularly attending the course and is making satisfactory 11,071
progress. An individual also meets the requirements of this 11,072
division if the individual is participating and advancing in a 11,074
training program, as defined in division (P) of section 5709.61 11,075
of the Revised Code, and if an enterprise, defined in division 11,076
(B) of section 5709.61 of the Revised Code, is paying all or part 11,077
of the cost of the individual's participation in the training 11,078
program with the intention of hiring the individual for 11,079
employment as a new employee, as defined in division (L) of 11,080
section 5709.61 of the Revised Code, for at least ninety days 11,081
after the individual's completion of the training program. 11,082
(d) An individual who becomes unemployed while attending a 11,084
regularly established school and whose base period qualifying 11,085
259
weeks were earned in whole or in part while attending that 11,086
school, meets the availability and active search for work 11,087
requirements of division (A)(4)(a) of this section if the 11,088
individual regularly attends the school during weeks with respect 11,089
to which the individual claims unemployment benefits and makes 11,090
self available on any shift of hours for suitable employment with 11,093
the individual's most recent employer or any other employer in 11,094
the individual's base period, or for any other suitable 11,095
employment to which the individual is directed, under this 11,097
chapter.
(e) The director shall adopt any rules that the director 11,100
deems necessary for the administration of division (A)(4) of this 11,101
section. 11,102
(f) Notwithstanding any other provisions of this section, 11,104
no otherwise eligible individual shall be denied benefits for any 11,105
week because the individual is in training approved under section 11,107
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 11,108
2296, nor shall that individual be denied benefits by reason of 11,110
leaving work to enter such training, provided the work left is 11,111
not suitable employment, or because of the application to any 11,112
week in training of provisions in this chapter, or any applicable 11,113
federal unemployment compensation law, relating to availability 11,114
for work, active search for work, or refusal to accept work. 11,115
For the purposes of division (A)(4)(f) of this section, 11,117
"suitable employment" means with respect to an individual, work 11,118
of a substantially equal or higher skill level than the 11,119
individual's past adversely affected employment, as defined for 11,120
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 11,121
U.S.C.A. 2101, and wages for such work at not less than eighty 11,122
per cent of the individual's average weekly wage as determined 11,123
for the purposes of that federal act. 11,124
(5) Is unable to obtain suitable work. AN INDIVIDUAL WHO 11,127
IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE INDIVIDUAL'S 11,128
EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO 11,129
260
IS REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE 11,130
WITH THE INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS 11,131
UPON THE CONCLUSION OF EACH WORK ASSIGNMENT, IS NOT CONSIDERED 11,132
UNABLE TO OBTAIN SUITABLE EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS 11,133
ARE AVAILABLE WITH THE EMPLOYER BUT THE INDIVIDUAL FAILS TO 11,134
CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK ASSIGNMENTS. 11,135
(6) Participates in reemployment services, such as job 11,137
search assistance services, if the individual has been determined 11,138
to be likely to exhaust benefits under this chapter, including 11,139
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 11,140
than extended compensation, and needs reemployment services 11,141
pursuant to the profiling system established by the director 11,143
under division (K) of this section, unless the director 11,145
determines that: 11,146
(a) The individual has completed such services; or 11,148
(b) There is justifiable cause for the claimant's failure 11,150
to participate in such services. 11,151
(B) An individual suffering total or partial unemployment 11,153
is eligible for benefits for unemployment occurring subsequent to 11,154
a waiting period of one week and no benefits shall be payable 11,155
during this required waiting period, but no more than one week of 11,156
waiting period shall be required of any such individual in any 11,157
benefit year in order to establish the individual's eligibility 11,159
for total or partial unemployment benefits. 11,160
(C) The waiting period for total or partial unemployment 11,162
shall commence on the first day of the first week with respect to 11,163
which the individual first files a claim for benefits at an 11,164
employment office or other place of registration maintained or 11,165
designated by the director or on the first day of the first week 11,168
with respect to which the individual has otherwise filed a claim 11,169
for benefits in accordance with the rules of the department of 11,171
job and family services, provided such claim is allowed by the 11,172
director.
(D) Notwithstanding division (A) of this section, no 11,174
261
individual may serve a waiting period or be paid benefits under 11,175
the following conditions: 11,176
(1) For any week with respect to which the director finds 11,180
that:
(a) The individual's unemployment was due to a labor 11,182
dispute other than a lockout at any factory, establishment, or 11,184
other premises located in this or any other state and owned or 11,185
operated by the employer by which the individual is or was last 11,186
employed; and for so long as the individual's unemployment is due 11,188
to such labor dispute. No individual shall be disqualified under 11,190
this provision if either of the following applies: 11,191
(i) The individual's employment was with such employer at 11,193
any factory, establishment, or premises located in this state, 11,195
owned or operated by such employer, other than the factory, 11,196
establishment, or premises at which the labor dispute exists, if 11,197
it is shown that the individual is not financing, participating 11,198
in, or directly interested in such labor dispute; 11,200
(ii) The individual's employment was with an employer not 11,202
involved in the labor dispute but whose place of business was 11,204
located within the same premises as the employer engaged in the 11,205
dispute, unless the individual's employer is a wholly owned 11,206
subsidiary of the employer engaged in the dispute, or unless the 11,208
individual actively participates in or voluntarily stops work 11,210
because of such dispute. If it is established that the claimant 11,211
was laid off for an indefinite period and not recalled to work 11,212
prior to the dispute, or was separated by the employer prior to 11,213
the dispute for reasons other than the labor dispute, or that the 11,214
individual obtained a bona fide job with another employer while 11,216
the dispute was still in progress, such labor dispute shall not 11,217
render the employee ineligible for benefits. 11,218
(b) The individual has been given a disciplinary layoff 11,220
for misconduct in connection with the individual's work. 11,222
(2) For the duration of the individual's unemployment if 11,224
the director finds that: 11,226
262
(a) The individual quit work without just cause or has 11,229
been discharged for just cause in connection with the 11,230
individual's work, provided division (D)(2) of this section does 11,232
not apply to the separation of a person under any of the 11,233
following circumstances:
(i) Separation from employment for the purpose of entering 11,235
the armed forces of the United States if the individual makes 11,236
application to enter, or is inducted into the armed forces within 11,238
thirty days after such separation; 11,240
(ii) Separation from employment pursuant to a 11,242
labor-management contract or agreement, or pursuant to an 11,243
established employer plan, program, or policy, which permits the 11,244
employee, because of lack of work, to accept a separation from 11,245
employment;
(iii) The individual has left employment to accept a 11,248
recall from a prior employer or, except as provided in division 11,249
(D)(2)(a)(iv) of this section, to accept other employment as 11,251
provided under section 4141.291 of the Revised Code, or left or 11,252
was separated from employment that was concurrent employment at 11,253
the time of the most recent separation or within six weeks prior 11,254
to the most recent separation where the remuneration, hours, or 11,255
other conditions of such concurrent employment were substantially 11,256
less favorable than the individual's most recent employment and 11,257
where such employment, if offered as new work, would be 11,258
considered not suitable under the provisions of divisions (E) and 11,259
(F) of this section. Any benefits that would otherwise be 11,260
chargeable to the account of the employer from whom an individual 11,261
has left employment or was separated from employment that was 11,262
concurrent employment under conditions described in division 11,263
(D)(2)(a)(iii) of this section, shall instead be charged to the 11,265
mutualized account created by division (B) of section 4141.25 of 11,266
the Revised Code, except that any benefits chargeable to the 11,267
account of a reimbursing employer under division (D)(2)(a)(iii) 11,268
of this section shall be charged to the account of the 11,269
263
reimbursing employer and not to the mutualized account, except as 11,270
provided in division (D)(2) of section 4141.24 of the Revised 11,271
Code.
(iv) When an individual has been issued a definite layoff 11,274
date by the individual's employer and before the layoff date, the 11,276
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no 11,278
disqualification shall be imposed under division (D) of this 11,280
section. However, if the individual fails to meet the employment 11,281
and earnings requirements of division (A)(2) of section 4141.291 11,282
of the Revised Code, then the individual, pursuant to division 11,283
(A)(5) of this section, shall be ineligible for benefits for any 11,284
week of unemployment that occurs prior to the layoff date. 11,285
(b) The individual has refused without good cause to 11,287
accept an offer of suitable work when made by an employer either 11,289
in person or to the individual's last known address, or has 11,290
refused or failed to investigate a referral to suitable work when 11,292
directed to do so by a local employment office of this state or 11,293
another state, provided that this division shall not cause a 11,294
disqualification for a waiting week or benefits under the 11,295
following circumstances:
(i) When work is offered by the individual's employer and 11,297
the individual is not required to accept the offer pursuant to 11,299
the terms of the labor-management contract or agreement; or 11,300
(ii) When the individual is attending a vocational 11,302
training course pursuant to division (A)(4) of this section 11,303
except, in the event of a refusal to accept an offer of suitable 11,304
work or a refusal or failure to investigate a referral, benefits 11,305
thereafter paid to such individual shall not be charged to the 11,306
account of any employer and, except as provided in division 11,307
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 11,308
charged to the mutualized account as provided in division (B) of 11,310
section 4141.25 of the Revised Code. 11,311
(c) Such individual quit work to marry or because of 11,313
264
marital, parental, filial, or other domestic obligations. 11,314
(d) The individual has knowingly made a false statement or 11,316
representation or knowingly failed to report any material fact 11,317
with the object of obtaining benefits to which the individual is 11,319
not entitled. 11,320
(e) The individual became unemployed by reason of 11,322
commitment to any correctional institution. 11,324
(f) The individual became unemployed because of dishonesty 11,326
in connection with the individual's most recent or any base 11,328
period work. Remuneration earned in such work shall be excluded 11,329
from the individual's total base period remuneration and 11,331
qualifying weeks that otherwise would be credited to the 11,333
individual for such work in the individual's base period shall 11,334
not be credited for the purpose of determining the total benefits 11,335
to which the individual is eligible and the weekly benefit amount 11,336
to be paid under section 4141.30 of the Revised Code. Such 11,337
excluded remuneration and noncredited qualifying weeks shall be 11,338
excluded from the calculation of the maximum amount to be 11,339
charged, under division (D) of section 4141.24 and section 11,340
4141.33 of the Revised Code, against the accounts of the 11,341
individual's base period employers. In addition, no benefits 11,342
shall thereafter be paid to the individual based upon such 11,343
excluded remuneration or noncredited qualifying weeks. 11,345
For purposes of division (D)(2)(f) of this section, 11,347
"dishonesty" means the commission of substantive theft, fraud, or 11,348
deceitful acts. 11,349
(E) No individual otherwise qualified to receive benefits 11,351
shall lose the right to benefits by reason of a refusal to accept 11,352
new work if: 11,353
(1) As a condition of being so employed the individual 11,355
would be required to join a company union, or to resign from or 11,357
refrain from joining any bona fide labor organization, or would 11,358
be denied the right to retain membership in and observe the 11,359
lawful rules of any such organization. 11,360
265
(2) The position offered is vacant due directly to a 11,362
strike, lockout, or other labor dispute. 11,363
(3) The work is at an unreasonable distance from the 11,365
individual's residence, having regard to the character of the 11,367
work the individual has been accustomed to do, and travel to the 11,369
place of work involves expenses substantially greater than that 11,370
required for the individual's former work, unless the expense is 11,372
provided for.
(4) The remuneration, hours, or other conditions of the 11,374
work offered are substantially less favorable to the individual 11,375
than those prevailing for similar work in the locality. 11,376
(F) Subject to the special exceptions contained in 11,378
division (A)(4)(f) of this section and section 4141.301 of the 11,379
Revised Code, in determining whether any work is suitable for a 11,380
claimant in the administration of this chapter, the director, in 11,382
addition to the determination required under division (E) of this 11,383
section, shall consider the degree of risk to the claimant's 11,384
health, safety, and morals, the individual's physical fitness for 11,385
the work, the individual's prior training and experience, the 11,387
length of the individual's unemployment, the distance of the 11,388
available work from the individual's residence, and the 11,390
individual's prospects for obtaining local work. 11,391
(G) The "duration of unemployment" as used in this section 11,394
means the full period of unemployment next ensuing after a 11,395
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this 11,396
chapter, or the unemployment compensation act of another state, 11,397
or of the United States, and until such individual has worked six 11,398
weeks and for those weeks has earned or been paid remuneration 11,400
equal to six times an average weekly wage of not less than: 11,401
eighty-five dollars and ten cents per week beginning on June 26, 11,402
1990; and beginning on and after January 1, 1992, twenty-seven 11,403
and one-half per cent of the statewide average weekly wage as 11,404
computed each first day of January under division (B)(3) of 11,405
266
section 4141.30 of the Revised Code, rounded down to the nearest 11,406
dollar, except for purposes of division (D)(2)(c) of this 11,407
section, such term means the full period of unemployment next 11,408
ensuing after a separation from such work and until such 11,409
individual has become reemployed subject to the terms set forth 11,410
above, and has earned wages equal to one-half of the individual's 11,412
average weekly wage or sixty dollars, whichever is less. 11,413
(H) If a claimant is disqualified under division 11,415
(D)(2)(a), (c), or (e) of this section or found to be qualified 11,416
under the exceptions provided in division (D)(2)(a)(i), (ii), 11,417
(iii), or (iv) of this section or division (A)(2) of section 11,418
4141.291 of the Revised Code, then benefits that may become 11,420
payable to such claimant, which are chargeable to the account of 11,421
the employer from whom the individual was separated under such 11,423
conditions, shall be charged to the mutualized account provided 11,424
in section 4141.25 of the Revised Code, provided that no charge 11,425
shall be made to the mutualized account for benefits chargeable 11,426
to a reimbursing employer, except as provided in division (D)(2) 11,427
of section 4141.24 of the Revised Code. In the case of a 11,429
reimbursing employer, the director shall refund or credit to the 11,432
account of the reimbursing employer any over-paid benefits that 11,433
are recovered under division (B) of section 4141.35 of the
Revised Code. 11,434
(I)(1) Benefits based on service in employment as provided 11,436
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 11,437
Code shall be payable in the same amount, on the same terms, and 11,438
subject to the same conditions as benefits payable on the basis 11,439
of other service subject to this chapter; except that after 11,440
December 31, 1977: 11,441
(a) Benefits based on service in an instructional, 11,443
research, or principal administrative capacity in an institution 11,444
of higher education, as defined in division (Y) of section 11,445
4141.01 of the Revised Code; or for an educational institution as 11,446
defined in division (CC) of section 4141.01 of the Revised Code, 11,447
267
shall not be paid to any individual for any week of unemployment 11,448
that begins during the period between two successive academic 11,450
years or terms, or during a similar period between two regular 11,451
but not successive terms or during a period of paid sabbatical 11,452
leave provided for in the individual's contract, if the 11,453
individual performs such services in the first of those academic 11,455
years or terms and has a contract or a reasonable assurance that 11,456
the individual will perform services in any such capacity for any 11,457
such institution in the second of those academic years or terms. 11,459
(b) Benefits based on service for an educational 11,461
institution or an institution of higher education in other than 11,462
an instructional, research, or principal administrative capacity, 11,463
shall not be paid to any individual for any week of unemployment 11,464
which begins during the period between two successive academic 11,465
years or terms of the employing educational institution or 11,466
institution of higher education, provided the individual 11,467
performed those services for the educational institution or 11,468
institution of higher education during the first such academic 11,469
year or term and, there is a reasonable assurance that such 11,470
individual will perform those services for any educational 11,471
institution or institution of higher education in the second of 11,472
such academic years or terms. 11,473
If compensation is denied to any individual for any week 11,475
under division (I)(1)(b) of this section and the individual was 11,476
not offered an opportunity to perform those services for an 11,477
institution of higher education or for an educational institution 11,478
for the second of such academic years or terms, the individual is 11,479
entitled to a retroactive payment of compensation for each week 11,480
for which the individual timely filed a claim for compensation 11,481
and for which compensation was denied solely by reason of 11,482
division (I)(1)(b) of this section. An application for 11,483
retroactive benefits shall be timely filed if received by the 11,484
director or the director's deputy within or prior to the end of 11,487
the fourth full calendar week after the end of the period for 11,488
268
which benefits were denied because of reasonable assurance of 11,489
employment. The provision for the payment of retroactive 11,490
benefits under division (I)(1)(b) of this section is applicable 11,491
to weeks of unemployment beginning on and after November 18, 11,492
1983. The provisions under division (I)(1)(b) of this section 11,493
shall be retroactive to September 5, 1982, only if, as a 11,494
condition for full tax credit against the tax imposed by the 11,495
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 11,496
3301 to 3311, the United States secretary of labor determines 11,497
that retroactivity is required by federal law. 11,499
(c) With respect to weeks of unemployment beginning after 11,501
December 31, 1977, benefits shall be denied to any individual for 11,502
any week which commences during an established and customary 11,503
vacation period or holiday recess, if the individual performs any 11,504
services described in divisions (I)(1)(a) and (b) of this section 11,505
in the period immediately before the vacation period or holiday 11,506
recess, and there is a reasonable assurance that the individual 11,507
will perform any such services in the period immediately 11,508
following the vacation period or holiday recess. 11,509
(d) With respect to any services described in division 11,511
(I)(1)(a), (b), or (c) of this section, benefits payable on the 11,512
basis of services in any such capacity shall be denied as 11,513
specified in division (I)(1)(a), (b), or (c) of this section to 11,514
any individual who performs such services in an educational 11,515
institution or institution of higher education while in the 11,516
employ of an educational service agency. For this purpose, the 11,517
term "educational service agency" means a governmental agency or 11,518
governmental entity that is established and operated exclusively 11,520
for the purpose of providing services to one or more educational 11,521
institutions or one or more institutions of higher education. 11,522
(e) Any individual employed by a public school district or 11,524
a county board of mental retardation shall be notified by the 11,525
thirtieth day of April each year if the individual is not to be 11,527
reemployed the following academic year. 11,528
269
(2) No disqualification will be imposed, between academic 11,530
years or terms or during a vacation period or holiday recess 11,531
under this division, unless the director or the director's deputy 11,533
has received a statement in writing from the educational 11,534
institution or institution of higher education that the claimant 11,535
has a contract for, or a reasonable assurance of, reemployment 11,536
for the ensuing academic year or term. 11,537
(3) If an individual has employment with an educational 11,539
institution or an institution of higher education and employment 11,540
with a noneducational employer, during the base period of the 11,541
individual's benefit year, then the individual may become 11,542
eligible for benefits during the between-term, or vacation or 11,543
holiday recess, disqualification period, based on employment 11,544
performed for the noneducational employer, provided that the 11,545
employment is sufficient to qualify the individual for benefit 11,546
rights separately from the benefit rights based on school 11,547
employment. The weekly benefit amount and maximum benefits 11,548
payable during a disqualification period shall be computed based 11,549
solely on the nonschool employment. 11,550
(J) Benefits shall not be paid on the basis of employment 11,552
performed by an alien, unless the alien had been lawfully 11,553
admitted to the United States for permanent residence at the time 11,554
the services were performed, was lawfully present for purposes of 11,555
performing the services, or was otherwise permanently residing in 11,556
the United States under color of law at the time the services 11,557
were performed, under section 212(d)(5) of the "Immigration and 11,558
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 11,559
(1) Any data or information required of individuals 11,561
applying for benefits to determine whether benefits are not 11,562
payable to them because of their alien status shall be uniformly 11,563
required from all applicants for benefits. 11,564
(2) In the case of an individual whose application for 11,566
benefits would otherwise be approved, no determination that 11,567
benefits to the individual are not payable because of the 11,568
270
individual's alien status shall be made except upon a 11,570
preponderance of the evidence that the individual had not, in 11,571
fact, been lawfully admitted to the United States. 11,572
(K) The director shall establish and utilize a system of 11,576
profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust 11,578
regular compensation and will need job search assistance services 11,579
to make a successful transition to new employment; 11,580
(2) Refers claimants identified pursuant to division 11,582
(K)(1) of this section to reemployment services, such as job 11,583
search assistance services, available under any state or federal 11,584
law; 11,585
(3) Collects follow-up information relating to the 11,587
services received by such claimants and the employment outcomes 11,588
for such claimant's subsequent to receiving such services and 11,589
utilizes such information in making identifications pursuant to 11,590
division (K)(1) of this section; and 11,591
(4) Meets such other requirements as the United States 11,593
secretary of labor determines are appropriate. 11,594
Sec. 4141.301. (A) As used in this section, unless the 11,603
context clearly requires otherwise: 11,604
(1) "Extended benefit period" means a period which: 11,606
(a) Begins with the third week after a week for which 11,608
there is a state "on" indicator; and 11,609
(b) Ends with either of the following weeks, whichever 11,611
occurs later: 11,612
(i) The third week after the first week for which there is 11,614
a state "off" indicator; or 11,615
(ii) The thirteenth consecutive week of such period. 11,617
Except, that no extended benefit period may begin by reason 11,619
of a state "on" indicator before the fourteenth week following 11,620
the end of a prior extended benefit period which was in effect 11,621
with respect to this state. 11,622
(2) There is a "state 'on' indicator" for this state for a 11,625
271
week if the director of job and family services determines, in 11,627
accordance with the regulations of the United States secretary of 11,628
labor, that for the period consisting of such week and the 11,629
immediately preceding twelve weeks, the rate of insured 11,630
unemployment, not seasonally adjusted, under Chapter 4141. of the 11,631
Revised Code:
(a) Equaled or exceeded one hundred twenty per cent of the 11,634
average of such rates for the corresponding thirteen-week period 11,635
ending in each of the preceding two calendar years, and for weeks 11,636
beginning before September 25, 1982, equaled or exceeded four per 11,637
cent and for weeks beginning after September 25, 1982, equaled or 11,638
exceeded five per cent;
(b) For weeks of unemployment beginning after December 31, 11,640
1977, and before September 25, 1982, such rate of insured 11,641
unemployment: 11,642
(i) Met the criteria set forth in division (A)(2)(a) of 11,644
this section; or 11,645
(ii) Equaled or exceeded five per cent. 11,647
(c) For weeks of unemployment beginning after September 11,649
25, 1982, such rate of insured unemployment: 11,650
(i) Met the criteria set forth in division (A)(2)(a) of 11,652
this section; or 11,653
(ii) Equaled or exceeded six per cent. 11,655
(3) A "state /'off' indicator" exists for the state for a 11,658
week if the director determines, in accordance with the 11,660
regulations of the United States secretary of labor, that for the 11,661
period consisting of such week and the immediately preceding 11,662
twelve weeks, the rate of insured unemployment, not seasonally 11,663
adjusted, under Chapter 4141. of the Revised Code: 11,664
(a) Was less than one hundred twenty per cent of the 11,666
average of such rates for the corresponding thirteen-week period 11,667
ending in each of the preceding two calendar years, or for weeks 11,668
beginning before September 25, 1982, was less than four per cent 11,669
and for weeks beginning after September 25, 1982, was less than 11,670
272
five per cent; 11,671
(b) For weeks of unemployment beginning after December 31, 11,673
1977 and before September 25, 1982, such rate of insured 11,674
unemployment: 11,675
(i) Was less than five per cent; and 11,677
(ii) Met the criteria set forth in division (A)(3)(a) of 11,679
this section. 11,680
(c) For weeks of unemployment beginning after September 11,682
25, 1982, such rate of insured unemployment: 11,683
(i) Was less than six per cent; and 11,685
(ii) Met the criteria set forth in division (A)(3)(a) of 11,687
this section. 11,688
(4) "Rate of insured unemployment," for purposes of 11,690
divisions (A)(2) and (3) of this section, means the percentage 11,691
derived by dividing: 11,692
(a) The average weekly number of individuals filing claims 11,694
for regular compensation in this state for weeks of unemployment 11,695
with respect to the most recent thirteen-consecutive-week period, 11,696
as determined by the director on the basis of the director's 11,698
reports to the United States secretary of labor, by 11,699
(b) The average monthly employment covered under Chapter 11,701
4141. of the Revised Code, for the first four of the most recent 11,702
six completed calendar quarters ending before the end of such 11,703
thirteen-week period. 11,704
(5) "Regular benefits" means benefits payable to an 11,706
individual, as defined in division (C) of section 4141.01 of the 11,707
Revised Code, or under any other state law, including dependents' 11,708
allowance and benefits payable to federal civilian employees and 11,709
to ex-servicepersons pursuant to the "Act of September 6, 1966," 11,711
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and 11,712
additional benefits as defined in division (A)(10) of this 11,713
section. 11,714
(6) "Extended benefits" means benefits, including benefits 11,716
payable to federal civilian employees and to ex-servicepersons 11,718
273
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 11,719
U.S.C.A. 8501, and additional benefits, payable to an individual 11,720
under the provisions of this section for weeks of unemployment in 11,721
the individual's eligibility period. 11,722
(7) "Eligibility period" of an individual means the period 11,724
consisting of the weeks in the individual's benefit year which 11,726
begin in an extended benefit period and, if the individual's 11,727
benefit year ends within the extended benefit period, any weeks 11,729
thereafter which begin in the period. 11,730
(8) "Exhaustee" means an individual who, with respect to 11,732
any week of unemployment in the individual's eligibility period: 11,734
(a) Has received prior to the week, all of the regular 11,736
benefits that were available to the individual under Chapter 11,737
4141. of the Revised Code, or any other state law, including 11,739
dependents' allowance and benefits payable to federal civilian 11,740
employees and ex-servicepersons under the "Act of September 6, 11,741
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current 11,743
benefit year that includes the week; 11,745
(b) Has received, prior to the week, all of the regular 11,747
benefits that were available to the individual under this chapter 11,749
or any other state law, including dependents' allowances and 11,750
regular benefits available to federal civilian employees and 11,751
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. 11,753
585, 5 U.S.C.A. 8501, in the individual's current benefit year 11,754
that includes the week, after the cancellation of some or all of 11,756
the individual's wage credits or the total or partial reduction 11,758
of the individual's right to regular benefits, provided that, for 11,760
the purposes of divisions (A)(8)(a) and (8)(b) of this section, 11,761
an individual shall be deemed to have received in the 11,762
individual's current benefit year all of the regular benefits 11,763
that were either payable or available to the individual even 11,764
though: 11,765
(i) As a result of a pending appeal with respect to wages 11,767
or employment, or both, that were not included in the original 11,768
274
monetary determination with respect to the individual's current 11,770
benefit year, the individual may subsequently be determined to be 11,771
entitled to more regular benefits, or 11,773
(ii) By reason of section 4141.33 of the Revised Code, or 11,775
the seasonal employment provisions of another state law, the 11,776
individual is not entitled to regular benefits with respect to 11,778
the week of unemployment, although the individual may be entitled 11,779
to regular benefits with respect to future weeks of unemployment 11,781
in either the next season or off season in the individual's 11,782
current benefit year, and the individual is otherwise an 11,784
"exhaustee" within the meaning of this section with respect to 11,785
the right to regular benefits under state law seasonal employment 11,787
provisions during either the season or off season in which that 11,788
week of unemployment occurs, or
(iii) Having established a benefit year, no regular 11,790
benefits are payable to the individual during the year because 11,792
the individual's wage credits were cancelled or the individual's 11,793
right to regular benefits was totally reduced as the result of 11,795
the application of a disqualification; or 11,796
(c) The individual's benefit year having expired prior to 11,798
the week, has no, or insufficient, wages or weeks of employment 11,800
on the basis of which the individual could establish in any state 11,801
a new benefit year that would include the week, or having 11,803
established a new benefit year that includes the week, the 11,804
individual is precluded from receiving regular benefits by reason 11,806
of a state law which meets the requirements of section 3304 11,807
(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 11,808
U.S.C.A. 3301 to 3311; and
(i) Has no right for the week to unemployment benefits or 11,810
allowances, as the case may be, under the Railroad Unemployment 11,811
Insurance Act, the Trade Act of 1974, and other federal laws as 11,812
are specified in regulations issued by the United States 11,813
secretary of labor; and 11,814
(ii) Has not received and is not seeking for the week 11,816
275
unemployment benefits under the unemployment compensation law of 11,817
the Virgin Islands, prior to the day after that on which the 11,818
secretary of labor approves the unemployment compensation law of 11,819
the Virgin Islands, or of Canada; or if the individual is seeking 11,821
benefits and the appropriate agency finally determines that the 11,822
individual is not entitled to benefits under the law for the 11,824
week.
(9) "State law" means the unemployment insurance law of 11,826
any state, approved by the United States secretary of labor under 11,827
section 3304 of the Internal Revenue Code of 1954. 11,828
(10) "Additional benefits" means benefits totally financed 11,830
by a state and payable to exhaustees by reason of high 11,831
unemployment or by reason of other special factors under the 11,832
provisions of any state law. 11,833
(B) Except when the result would be inconsistent with the 11,835
other provisions of this section, as provided in the regulations 11,836
of the director, the provisions of Chapter 4141. of the Revised 11,839
Code, which apply to claims for, or the payment of, regular 11,840
benefits, shall apply to claims for, and the payment of, extended 11,841
benefits.
(C) Any individual shall be eligible to receive extended 11,843
benefits with respect to any week of unemployment in the 11,844
individual's eligibility period only if the director finds that, 11,847
with respect to such week: 11,848
(1) The individual is an "exhaustee" as defined in 11,850
division (A)(8) of this section; and 11,851
(2) The individual has satisfied the requirements of 11,853
Chapter 4141. of the Revised Code, for the receipt of regular 11,854
benefits that are applicable to individuals claiming extended 11,855
benefits, including not being subject to a disqualification for 11,856
the receipt of benefits. 11,857
(D) The weekly extended benefit amount payable to an 11,859
individual for a week of total unemployment in the individual's 11,861
eligibility period shall be the same as the weekly benefit amount 11,862
276
payable to the individual during the individual's applicable 11,864
benefit year.
(E) The total extended benefit amount payable to any 11,866
eligible individual with respect to the individual's applicable 11,868
benefit year shall be the lesser of the following amounts: 11,869
(1) Fifty per cent of the total amount of regular 11,871
benefits, including dependents' allowances which were payable to 11,872
the individual under Chapter 4141. of the Revised Code, in the 11,874
individual's applicable benefit year; 11,875
(2) Thirteen times the individual's weekly benefit amount, 11,877
including dependents' allowances, which was payable to the 11,879
individual under Chapter 4141. of the Revised Code, for a week of 11,881
total unemployment in the applicable benefit year; provided, that 11,882
in making the computation under divisions (E)(1) and (2) of this 11,883
section, any amount which is not a multiple of one dollar shall 11,884
be rounded to the next lower multiple of one dollar. 11,885
(F)(1) Except as provided in division (F)(2) of this 11,887
section, an individual eligible for extended benefits pursuant to 11,888
an interstate claim filed in any state under the interstate 11,889
benefit payment plan shall not be paid extended benefits for any 11,890
week in which an extended benefit period is not in effect in such 11,891
state. 11,892
(2) Division (F)(1) of this section does not apply with 11,894
respect to the first two weeks for which extended compensation is 11,895
payable to an individual, as determined without regard to this 11,896
division, pursuant to an interstate claim filed under the 11,897
interstate benefit payment plan from the total extended benefit 11,898
amount payable to that individual in the individual's applicable 11,900
benefit year.
(3) Notwithstanding any other provisions of this section, 11,902
if the benefit year of any individual ends within an extended 11,903
benefit period, the remaining balance of extended benefits that 11,904
the individual would, but for this section, be entitled to 11,905
receive in that extended benefit period, with respect to weeks of 11,906
277
unemployment beginning after the end of the benefit year, shall 11,907
be reduced, but not below zero, by the product of the number of 11,908
weeks for which the individual received any amounts as trade 11,909
readjustment allowances within that benefit year, multiplied by 11,910
the individual's weekly benefit amount for extended benefits. 11,911
(G)(1) Whenever an extended benefit period is to become 11,913
effective in this state, as a result of a state "on" indicator, 11,914
or an extended benefit period is to be terminated in this state 11,915
as a result of a state "off" indicator, the director shall make 11,918
an appropriate public announcement.
(2) Computations required by division (A)(4) of this 11,920
section shall be made by the director, in accordance with the 11,923
regulations prescribed by the United States secretary of labor. 11,924
(H)(1)(a) The director shall promptly examine any 11,926
application for extended benefits filed and, under this section, 11,927
shall determine whether such THE application is to be allowed or 11,929
disallowed and, if allowed, the weekly and total extended 11,930
benefits payable and the effective date of the application. The 11,931
claimant, the claimant's most recent employer, and any other 11,932
employer in the base period of the claim upon which the extended 11,934
benefits are based, and who was chargeable for regular benefits 11,935
based on such claim, shall be notified of such determination. 11,936
(b) The determination issued to the most recent or other 11,938
base period employer shall include the total amount of extended 11,939
benefits which THAT may be charged to the employer's account. 11,940
Such potential charge amount shall be an amount equal to 11,942
one-fourth of the regular benefits chargeable to the employer's 11,943
account on the regular claim upon which extended benefits are 11,945
based except that, effective January 1, 1979, the potential 11,946
charge amount to the state and its instrumentalities and its 11,947
political subdivisions and their instrumentalities shall be an 11,948
amount equal to one-half of the regular benefits chargeable to 11,949
their accounts on such claim. If regular benefits were 11,950
chargeable to the mutualized account, in lieu of an employer's 11,951
278
account, then the extended benefits which are based on such prior 11,952
mutualized benefits shall also be charged to the mutualized 11,953
account.
(c) As extended benefits are paid to eligible individuals: 11,955
(i) One-half of such benefits will be charged to an 11,957
extended benefit account to which reimbursement payments of 11,958
one-half of extended benefits, received from the federal 11,959
government as described in division (J) of this section, will be 11,960
credited; and 11,961
(ii) One-half of the extended benefits shall be charged to 11,963
the accounts of base period employers and the mutualized account 11,964
in the same sequence PROPORTION as was provided for on the 11,965
regular claim; or 11,966
(iii) The full amount of extended benefits shall be 11,968
charged to the accounts of the state and its instrumentalities, 11,969
and its political subdivisions and their instrumentalities. 11,970
Employers making payments in lieu of contributions shall be 11,971
charged in accordance with division (B)(1) of section 4141.241 of 11,972
the Revised Code. 11,973
(d) If the application for extended benefits is 11,975
disallowed, a determination shall be issued to the claimant, 11,976
which determination shall set forth the reasons for the 11,977
disallowance. Determinations issued under this division, whether 11,978
allowed or disallowed, shall be subject to reconsideration and 11,979
appeal in accordance with section 4141.28 of the Revised Code. 11,980
(2) Any additional or continued claims, as described in 11,982
division (F) of section 4141.01 of the Revised Code, filed by an 11,983
individual at the beginning of, or during, the individual's 11,984
extended benefit period shall be determined under division (D) of 11,986
section 4141.28 of the Revised Code, and such determination shall 11,987
be subject to reconsideration and appeal in accordance with 11,988
section 4141.28 of the Revised Code. 11,989
(I) Notwithstanding division (B) of this section, payment 11,991
of extended benefits under this section shall not be made to any 11,992
279
individual for any week of unemployment in the individual's 11,993
eligibility period during which the individual fails to accept 11,995
any offer of suitable work, as defined in division (I)(2) of this 11,997
section, or fails to apply for any suitable work to which the 11,998
individual was referred by the director, or fails to actively 12,000
engage in seeking work, as prescribed in division (I)(4) of this 12,001
section.
(1) If any individual is ineligible for extended benefits 12,003
for any week by reason of a failure described in this division, 12,004
the individual shall be ineligible to receive extended benefits 12,005
beginning with the week in which the failure occurred and 12,006
continuing until the individual has been employed during each of 12,007
four subsequent weeks and the total remuneration earned by the 12,008
individual for this employment is equal to or more than four 12,009
times the individual's weekly extended benefit amount, and has 12,010
met all other eligibility requirements of this section, in order 12,011
to establish entitlement to extended benefits. 12,012
(2) For purposes of this section, the term "suitable work" 12,014
means, with respect to an individual, any work which is within 12,015
the individual's capabilities, provided that with respect to the 12,016
position all of the following requirements are met: 12,017
(a) It offers the individual gross average weekly 12,019
remuneration of more than the sum of: 12,020
(i) The individual's extended weekly benefit amount; and 12,022
(ii) The amount of supplemental unemployment compensation 12,024
benefits, as defined in section 501(c)(17)(D) of the "Internal 12,025
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 12,026
the individual for the week of unemployment. 12,027
(b) It pays equal to or more than the higher of: 12,029
(i) The minimum wage provided by section 6(a)(1) of the 12,031
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 12,032
206, without regard to any exemption; or 12,033
(ii) Any applicable state or local minimum wage. 12,035
(c) It is offered to the individual in writing or is 12,037
280
listed with the employment office maintained or designated by the 12,038
director. 12,039
(3) Extended benefits shall not be denied under this 12,041
division to any individual for any week by reason of a failure to 12,042
accept an offer of, or apply for suitable work if either of the 12,043
following conditions apply: 12,044
(a) The failure would not result in a denial of benefits 12,046
to a regular benefit claimant under section 4141.29 of the 12,047
Revised Code to the extent that section 4141.29 of the Revised 12,048
Code is not inconsistent with division (I)(2) of this section; 12,049
(b) The individual furnishes evidence satisfactory to the 12,051
director that the individual's prospects for obtaining work in 12,054
the individual's customary occupation within a reasonably short 12,055
period are good. If the evidence is deemed satisfactory, the 12,056
determination as to whether any work is suitable work with 12,057
respect to this individual and whether the individual is 12,058
ineligible or disqualified shall be based upon the meaning of 12,059
"suitable work" and other provisions in section 4141.29 of the 12,060
Revised Code.
(4) For purposes of this section, an individual shall be 12,062
treated as actively engaged in seeking work during any week if: 12,063
(a) The individual has engaged in a systematic and 12,065
sustained effort to obtain work during that week; and 12,066
(b) The individual provides tangible evidence to the 12,068
director that the individual has engaged in the effort during 12,071
that week.
(5) The director shall refer applicants for extended 12,074
benefits to job openings that meet the requirements of divisions 12,075
(E) and (F) of section 4141.29 of the Revised Code, and in the 12,076
case of applicants whose prospects are determined not to be good 12,077
under division (I)(3)(b) of this section to any suitable work 12,078
which meets the criteria in divisions (I)(2) and (3)(a) of this 12,079
section. 12,080
(6) Individuals denied extended or regular benefits under 12,082
281
division (D)(1)(b) of section 4141.29 of the Revised Code because 12,083
of being given a disciplinary layoff for misconduct must, after 12,084
the date of disqualification, work the length of time and earn 12,085
the amount of remuneration specified in division (I)(1) of this 12,086
section, and meet all other eligibility requirements of this 12,087
section, in order to establish entitlement to extended benefits. 12,088
(J) All payments of extended benefits made pursuant to 12,090
this section shall be paid out of the unemployment compensation 12,091
fund, provided by section 4141.09 of the Revised Code, and all 12,092
payments of the federal share of extended benefits that are 12,093
received as reimbursements under section 204 of the 12,094
"Federal-State Extended Unemployment Compensation Act of 1970," 12,095
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 12,096
unemployment compensation fund and shall be credited to the 12,097
extended benefit account established by division (G) of this 12,098
section. Any refund of extended benefits, because of prior 12,099
overpayment of such benefits, may be made from the unemployment 12,100
compensation fund. 12,101
(K) In the administration of the provisions of this 12,103
section which are enacted to conform with the requirements of the 12,104
"Federal-State Extended Unemployment Compensation Act of 1970," 12,105
84 Stat. 696, 26 U.S.C.A. 3306, the director shall take such 12,107
action consistent with state law, as may be necessary: 12,108
(1) To ensure that the provisions are so interpreted and 12,110
applied as to meet the requirements of the federal act as 12,111
interpreted by the United States department of labor; and 12,112
(2) To secure to this state the full reimbursement of the 12,114
federal share of extended benefits paid under this section that 12,115
are reimbursable under the federal act. 12,116
Sec. 4141.43. (A) The director of job and family services 12,125
may cooperate with the industrial commission, the bureau of 12,127
workers' compensation, the United States internal revenue 12,128
service, the United States employment service, and other similar 12,129
departments and agencies, as determined by the director, in the 12,131
282
exchange or disclosure of information as to wages, employment, 12,133
payrolls, unemployment, and other information. The director may 12,134
employ, jointly with one or more of such agencies or departments, 12,136
auditors, examiners, inspectors, and other employees necessary 12,137
for the administration of this chapter and employment and 12,138
training services for workers in the state. 12,139
(B) The director may make the state's record relating to 12,142
the administration of this chapter available to the railroad
retirement board and may furnish the board at the board's expense 12,143
such copies thereof as the board deems necessary for its 12,144
purposes. 12,145
(C) The director may afford reasonable cooperation with 12,148
every agency of the United States charged with the administration 12,149
of any unemployment compensation law.
(D) The director may enter into arrangements with the 12,151
appropriate agencies of other states or of the United States or 12,152
Canada whereby individuals performing services in this and other 12,153
states for a single employer under circumstances not specifically 12,154
provided for in division (B) of section 4141.01 of the Revised 12,155
Code or in similar provisions in the unemployment compensation 12,156
laws of such other states shall be deemed to be engaged in 12,157
employment performed entirely within this state or within one of 12,158
such other states or within Canada, and whereby potential rights 12,159
to benefits accumulated under the unemployment compensation laws 12,160
of several states or under such a law of the United States, or 12,161
both, or of Canada may constitute the basis for the payment of 12,162
benefits through a single appropriate agency under terms that the 12,163
director finds will be fair and reasonable as to all affected 12,165
interests and will not result in any substantial loss to the 12,166
unemployment compensation fund.
(E) The director may enter into agreements with the 12,168
appropriate agencies of other states or of the United States or 12,169
Canada: 12,170
(1) Whereby services or wages upon the basis of which an 12,172
283
individual may become entitled to benefits under the unemployment 12,173
compensation law of another state or of the United States or 12,174
Canada shall be deemed to be employment or wages for employment 12,175
by employers for the purposes of qualifying claimants for 12,176
benefits under this chapter, and the director may estimate the 12,178
number of weeks of employment represented by the wages reported 12,179
to the director for such claimants by such other agency, provided 12,180
such other state agency or agency of the United States or Canada 12,181
has agreed to reimburse the unemployment compensation fund for 12,182
such portion of benefits paid under this chapter upon the basis 12,183
of such services or wages as the director finds will be fair and 12,185
reasonable as to all affected interests;
(2) Whereby the director will reimburse other state or 12,188
federal or Canadian agencies charged with the administration of 12,189
unemployment compensation laws with such reasonable portion of
benefits, paid under the law of such other states or of the 12,190
United States or of Canada upon the basis of employment or wages 12,191
for employment by employers, as the director finds will be fair 12,193
and reasonable as to all affected interests. Reimbursements so 12,194
payable shall be deemed to be benefits for the purpose of section 12,195
4141.09 and division (A) of section 4141.30 of the Revised Code. 12,196
However, no reimbursement so payable shall be charged against any 12,197
employer's account for the purposes of section 4141.24 of the 12,198
Revised Code if the employer's account, under the same or similar 12,199
circumstances, with respect to benefits charged under the 12,200
provisions of this chapter, other than this section, would not be 12,201
charged or, if the claimant at the time the claimant files the 12,202
combined wage claim cannot establish benefit rights under this 12,204
chapter. This noncharging shall not be applicable to a nonprofit
organization that has elected to make payments in lieu of 12,206
contributions under section 4141.241 of the Revised Code, except 12,207
as provided in division (D)(2) of section 4141.24 of the Revised 12,209
Code. The director may make to other state or federal or 12,211
Canadian agencies and receive from such other state or federal or 12,212
284
Canadian agencies reimbursements from or to the unemployment 12,213
compensation fund, in accordance with arrangements pursuant to 12,214
this section.
(3) Notwithstanding division (B)(2)(f) of section 4141.01 12,216
of the Revised Code, the director may enter into agreements with 12,218
other states whereby services performed for a crew leader, as 12,219
defined in division (BB) of section 4141.01 of the Revised Code, 12,220
may be covered in the state in which the crew leader either: 12,221
(a) Has the crew leader's place of business or from which 12,224
the crew leader's business is operated or controlled; 12,225
(b) Resides if the crew leader has no place of business in 12,228
any state. 12,229
(F) The director may apply for an advance to the 12,231
unemployment compensation fund and do all things necessary or 12,232
required to obtain such advance and arrange for the repayment of 12,233
such advance in accordance with Title XII of the "Social Security 12,234
Act" as amended. 12,235
(G) The director may enter into reciprocal agreements or 12,238
arrangements with the appropriate agencies of other states in
regard to services on vessels engaged in interstate or foreign 12,239
commerce whereby such services for a single employer, wherever 12,240
performed, shall be deemed performed within this state or within 12,241
such other states. 12,242
(H) The director shall participate in any arrangements for 12,245
the payment of compensation on the basis of combining an 12,246
individual's wages and employment, covered under this chapter, 12,247
with the individual's wages and employment covered under the 12,248
unemployment compensation laws of other states which are approved 12,249
by the United States secretary of labor in consultation with the 12,250
state unemployment compensation agencies as reasonably calculated 12,251
to assure the prompt and full payment of compensation in such 12,252
situations and which include provisions for: 12,253
(1) Applying the base period of a single state law to a 12,255
claim involving the combining of an individual's wages and 12,256
285
employment covered under two or more state unemployment 12,257
compensation laws, and 12,258
(2) Avoiding the duplicate use of wages and employment by 12,260
reason of such combining. 12,261
(I) The director shall cooperate with the United States 12,264
department of labor to the fullest extent consistent with this 12,265
chapter, and shall take such action, through the adoption of
appropriate rules, regulations, and administrative methods and 12,266
standards, as may be necessary to secure to this state and its 12,267
citizens all advantages available under the provisions of the 12,268
"Social Security Act" that relate to unemployment compensation, 12,269
the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26 12,270
U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48 Stat. 12,272
113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment 12,273
Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306, AND 12,274
THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29 12,276
U.S.C.A. 2801 ET SEQ.
(J) THE DIRECTOR MAY DISCLOSE WAGE INFORMATION FURNISHED 12,278
TO OR MAINTAINED BY THE DIRECTOR UNDER CHAPTER 4141. OF THE 12,279
REVISED CODE TO A CONSUMER REPORTING AGENCY AS DEFINED BY THE 12,280
"FAIR CREDIT REPORTING ACT," 84 STAT. 1128, 15 U.S.C.A. 1681a, AS 12,282
AMENDED, FOR THE PURPOSE OF VERIFYING AN INDIVIDUAL'S INCOME 12,283
UNDER A WRITTEN AGREEMENT THAT REQUIRES ALL OF THE FOLLOWING: 12,284
(1) A WRITTEN STATEMENT OF INFORMED CONSENT FROM THE 12,286
INDIVIDUAL WHOSE INFORMATION IS TO BE DISCLOSED; 12,287
(2) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 12,289
REPORTING AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS 12,290
DISCLOSED OR RELEASED WILL SAFEGUARD THE INFORMATION FROM ILLEGAL 12,291
OR UNAUTHORIZED DISCLOSURE;
(3) A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER 12,293
REPORTING AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH 12,294
THE DISCLOSURE.
THE DIRECTOR SHALL PRESCRIBE A MANNER AND FORMAT IN WHICH 12,296
THIS INFORMATION MAY BE PROVIDED. 12,297
286
(K) THE DIRECTOR SHALL ADOPT RULES DEFINING THE 12,299
REQUIREMENTS OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION 12,300
INFORMATION SPECIFIED IN DIVISION (J) OF THIS SECTION, WHICH 12,301
SHALL INCLUDE ALL TERMS AND CONDITIONS NECESSARY TO MEET THE 12,302
REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY THE UNITED STATES 12,303
DEPARTMENT OF LABOR OR CONSIDERED NECESSARY BY THE DIRECTOR FOR 12,304
THE PROPER ADMINISTRATION OF THIS DIVISION.
Sec. 5104.11. (A)(1) Except as provided in division 12,313
(G)(1) of section 5104.011 of the Revised Code, after receipt of 12,314
an application for certification from a type B family day-care 12,315
home, the county director of job and family services shall 12,316
inspect. If it complies with this chapter and any applicable 12,318
rules adopted under this chapter, the county department shall 12,319
certify the type B family day-care home to provide publicly 12,321
funded child day-care pursuant to this chapter and any rules 12,322
adopted under it. The director of job and family services or a 12,323
county director of job and family services may contract with a 12,325
government entity or a private nonprofit entity for that entity 12,326
to inspect and certify type B family day-care homes pursuant to 12,327
this section. The county department of job and family services, 12,329
government entity, or nonprofit entity shall conduct the 12,330
inspection prior to the issuance of a certificate for the type B 12,331
home and, as part of that inspection, shall ensure that the type 12,332
B home is safe and sanitary. An
(2) EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS SECTION, 12,335
AN authorized provider of a type B family day-care home that 12,336
receives a certificate pursuant to this section to provide 12,337
publicly funded child day-care is an independent contractor and 12,338
is not an employee of the county department of job and family 12,340
services that issues the certificate.
(3) FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE, 12,343
DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED 12,344
PROVIDER OF A TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A 12,345
CERTIFICATE PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER 12,346
287
CHAPTER 4141. OF THE REVISED CODE. 12,347
(B) Every person desiring to receive certification for a 12,349
type B family day-care home shall apply for certification to the 12,350
county director of job and family services on such forms as the 12,352
director of job and family services prescribes. The county 12,353
director shall provide at no charge to each applicant a copy of 12,354
rules for certifying type B family day-care homes adopted 12,355
pursuant to this chapter.
(C) If the county director of job and family services 12,357
determines that the type B family day-care home complies with 12,359
this chapter and any rules adopted under it, the county director 12,360
shall issue to the provider a certificate to provide publicly 12,362
funded child day-care for twelve months. The county director may 12,363
revoke the certificate after determining that revocation is 12,364
necessary. The authorized provider shall post the certificate in 12,366
a conspicuous place in the certified type B home that is 12,367
accessible to parents, custodians, or guardians at all times. 12,368
The certificate shall state the name and address of the 12,369
authorized provider, the maximum number of children who may be 12,370
cared for at any one time in the certified type B home, the 12,371
expiration date of the certification, and the name and telephone 12,372
number of the county director who issued the certificate. 12,373
(D) The county director shall inspect every certified type 12,375
B family day-care home at least twice within each twelve-month 12,376
period of the operation of the certified type B home. A minimum 12,377
of one inspection shall be unannounced and all inspections may be 12,378
unannounced. Upon receipt of a complaint, the county director 12,379
shall investigate and may inspect the certified type B home. The 12,380
authorized provider shall permit the county director to inspect 12,381
any part of the certified type B home. The county director shall 12,382
prepare a written inspection report and furnish one copy to the 12,383
authorized provider within a reasonable time after the 12,384
inspection. 12,385
(E) The county director of job and family services, in 12,387
288
accordance with rules adopted pursuant to section 5104.052 of the 12,389
Revised Code regarding fire safety and fire prevention, shall 12,390
inspect each type B home that applies to be certified that is 12,391
providing or is to provide publicly funded child day-care. 12,392
(F) All materials that are supplied by the department of 12,394
job and family services to type A family day-care home providers, 12,395
type B family day-care home providers, in-home aides, persons who 12,396
desire to be type A family day-care home providers, type B family 12,397
day-care home providers, or in-home aides, and caretaker parents 12,398
shall be written at no higher than the sixth grade reading level. 12,399
The department may employ a readability expert to verify its 12,400
compliance with this division. 12,401
Section 4. That all existing versions of sections 12,403
2301.371, 3111.20, 3113.21, 4141.01, 4141.162, 4141.21, 4141.24, 12,405
4141.241, 4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 of the 12,406
Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 12,408
July 1, 2000.
Section 6. Section 4141.28 of the Revised Code is 12,410
presented in Section 1 of this act as a composite of the section 12,412
as amended by both Sub. H.B. 408 and Sub. H.B. 478 of the 122nd 12,413
General Assembly, with the new language of neither of the acts 12,415
shown in capital letters. This is in recognition of the 12,416
principle stated in division (B) of section 1.52 of the Revised 12,417
Code that such amendments are to be harmonized where not 12,418
substantively irreconcilable and constitutes a legislative 12,419
finding that such is the resulting version in effect prior to the 12,420
effective date of this act.