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           

                                                          2      


                                                                 
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          

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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.