As Reported by the Senate Insurance, Commerce             2            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. H. B. No. 509  6            

      1999-2000                                                    7            


                  REPRESENTATIVES CORBIN-CATES                     9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2301.371, 3111.20, 3113.21,         13           

                4141.01, 4141.162, 4141.21, 4141.23, 4141.24,      14           

                4141.241, 4141.25, 4141.28, 4141.29, 4141.301,                  

                4141.43, and 5104.11 and to enact sections         17           

                4141.281, 4141.282, and 4141.283 of the Revised                 

                Code to make changes in the Unemployment           18           

                Compensation Law.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 2301.371, 3111.20, 3113.21,        22           

4141.01, 4141.162, 4141.21, 4141.23, 4141.24, 4141.241, 4141.25,   23           

4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 be amended and    26           

sections 4141.281, 4141.282, and 4141.283 of the Revised Code be   27           

enacted to read as follows:                                                     

      Sec. 2301.371.  (A)  If a child support enforcement agency   36           

discovers pursuant to an investigation conducted under section     37           

2301.37 of the Revised Code that an obligor under a child support  38           

order that it is administering may be receiving unemployment       39           

compensation benefits or if a child support enforcement agency     40           

receives notice or otherwise discovers that an obligor under a     41           

child support order may be receiving unemployment compensation     42           

benefits, the agency promptly shall conduct an investigation to    43           

determine whether the obligor is receiving unemployment            44           

compensation benefits and to determine the amount of the           45           

benefits.  The investigation shall be completed within ten days    46           

of the agency's discovery or receipt of the notice.                47           

                                                          2      


                                                                 
      (B)  Upon completion of an investigation conducted under     49           

division (A) of this section, if the agency finds that the         50           

obligor is receiving unemployment compensation benefits, it        51           

shall, in accordance with sections 3111.20 to 3111.28 and,         52           

3113.21 to 3113.219, AND 4141.282 of the Revised Code, division    54           

(D)(4) of section 4141.28 of the Revised Code, and federal law     55           

governing the department of job and family services, notify the    58           

department of job and family services to withhold or deduct an     60           

amount from the unemployment compensation benefits to pay child    62           

support 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 DIRECTOR OF THE         68           

DEPARTMENT OF JOB AND FAMILY 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          73           

compensation pursuant to this section.                                          

      (C)  The director of job and family services shall adopt     76           

rules in accordance with Chapter 119. of the Revised Code to       77           

implement this section, which rules shall be consistent with       78           

division (D)(4) of section 4141.28 4141.282 of the Revised Code    80           

and federal law governing the department.                                       

      Sec. 3111.20.  (A)  As used in sections 3111.20 to 3111.29   89           

of the Revised Code:                                               90           

      (1)  "Obligor" means the person required to pay support      92           

under an administrative support order.                             93           

      (2)  "Obligee" means the person entitled to receive the      95           

support payments under an administrative support order.            96           

      (3)  "Administrative support order" means an administrative  98           

order for the payment of support that is issued by a child         99           

support enforcement agency.                                        100          

      (4)  "Support" means child support.                          102          

                                                          3      


                                                                 
      (5)  "Personal earnings" means compensation paid or payable  104          

for personal services, however denominated, and includes, but is   105          

not limited to, wages, salary, commissions, bonuses, draws         106          

against commissions, profit sharing, and vacation pay.             107          

      (6)  "Financial institution" means a bank, savings and loan  109          

association, or credit union, or a regulated investment company    110          

or mutual fund in which a person who is required to pay support    111          

has funds on deposit that are not exempt under the law of this     112          

state or the United States from execution, attachment, or other    113          

legal process.                                                     114          

      (7)  "Title IV-D case" means any case in which the child     116          

support enforcement agency is enforcing the support order          117          

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      118          

2351 (1975), 42 U.S.C. 651, as amended.                            119          

      (8)  "Payor" means any person or entity that distributes     122          

income to an obligor including the obligor, if the obligor is      124          

self-employed; an employer; an employer that is paying the         125          

obligor's workers' compensation benefits; the public employees     126          

retirement board; the governing entity of any municipal            127          

retirement system; the board of trustees of the Ohio police and    129          

fire pension fund; the state teachers retirement board; the        130          

school employees retirement board; the state highway patrol        131          

retirement board; a person paying or otherwise distributing an     132          

obligor's income; the bureau of workers' compensation; or any      133          

other person or entity, except the director of job and family      135          

services with respect to unemployment compensation benefits paid   138          

pursuant to Chapter 4141. of the Revised Code.                     139          

      (9)  "Income" means any form of monetary payment including   142          

personal earnings; unemployment compensation benefits to the       143          

extent permitted by, and in accordance with, section SECTIONS      144          

2301.371 of the Revised Code, division (D)(4) of section 4141.28   147          

AND 4141.282 of the Revised Code, and federal law governing the    149          

department of job and family services; workers' compensation       151          

payments; pensions; annuities; allowances; retirement benefits;    153          

                                                          4      


                                                                 
disability or sick pay; insurance proceeds; lottery prize awards;  154          

federal, state, or local government benefits to the extent that    155          

the benefits can be withheld or deducted under the law governing   156          

the benefits; any form of trust fund or endowment; lump-sum        157          

payments; and any other monetary payments.                                      

      (B)  A man who is presumed to be the natural father of a     160          

child pursuant to section 3111.03 of the Revised Code assumes the  161          

parental duty of support with respect to the child.                162          

      (C)  Notwithstanding section 3109.01 of the Revised Code, a  164          

parent's duty of support for a child shall continue beyond the     165          

age of majority as long as the child continuously attends on a     166          

full-time basis any recognized and accredited high school or a     168          

court-issued child support order provides that the duty of                      

support continues beyond the age of majority.  Except in cases in  169          

which a child support order requires the duty of support to        170          

continue for any period after the child reaches nineteen years of  171          

age, the duty does not continue after the child reaches nineteen   172          

years of age.  The parental duty of support shall continue during  173          

seasonal vacations.                                                174          

      A parent, guardian, or legal custodian of a child, the       176          

person with whom the child resides, or the child support           177          

enforcement agency of the county in which the child, parent,       178          

guardian, or legal custodian of the child resides may file a       180          

complaint pursuant to section 2151.231 of the Revised Code in the  181          

juvenile court of that county requesting the court to order a      182          

parent who neglects or does not assume the parental duty of        183          

support to pay an amount for the support of the child and to       184          

provide for the health care needs of the child, may contact a      186          

child support enforcement agency for assistance in obtaining the   187          

order, or may request an administrative officer of a child         188          

support enforcement agency to issue an administrative order for    189          

the payment of child support and providing for the health care     190          

needs of the child pursuant to division (D) of this section.       191          

Upon the filing of the complaint or the making of the request,     192          

                                                          5      


                                                                 
the court shall issue an order requiring the payment of support    193          

for the child and providing for the health care needs of the       194          

child, pursuant to section 2151.231 of the Revised Code, or the    195          

administrative officer, pursuant to division (D) of this section,  196          

shall issue an order requiring the payment of support for the      197          

child and providing for the health care needs of the child.        198          

      A party to a request made under this division may raise the  200          

issue of the existence or nonexistence of a parent-child           201          

relationship between the presumed natural father and the child     202          

unless the presumption is based on acknowledgment of paternity     203          

that has become final pursuant to section 2151.232, 3111.211, or   204          

5101.314 of the Revised Code.  If a request is made for an         205          

administrative order providing for support and health care needs   207          

pursuant to division (D) of this section and the issue of the      209          

existence or nonexistence of a parent-child relationship is                     

raised, the administrative officer shall treat the request as a    210          

request made pursuant to section 3111.22 of the Revised Code and   211          

determine the issue pursuant to that section.   An administrative  212          

order issued pursuant to division (D) of this section does not     214          

preclude a party from requesting a determination of the issue of   215          

the existence or nonexistence of a parent-child relationship       216          

pursuant to this chapter if the issue was not determined with      218          

respect to the party in the proceedings conducted pursuant to      219          

division (D) of this section or pursuant to an acknowledgment of   220          

paternity that has become final under section 2151.232, 3111.211,  221          

or 5101.314 of the Revised Code.  An order issued pursuant to      223          

division (D) of this section shall remain effective until a final  224          

and enforceable determination is made pursuant to this chapter     225          

that a parent-child relationship does not exist between the        226          

presumed natural father and the child or until the occurrence of   227          

an event described in division (E)(4)(a) of section 3111.23 of     228          

the Revised Code that requires the order to be terminated.         229          

      (D)  If a request is made pursuant to division (C) of this   231          

section or division (A) of section 3111.211 of the Revised Code    232          

                                                          6      


                                                                 
for an administrative order requiring the payment of child         234          

support and providing for the health care needs of the child, the               

administrative officer shall schedule an administrative hearing    236          

to determine, in accordance with sections 3111.23 to 3111.29 and   237          

3113.215 of the Revised Code, the amount of child support either   238          

parent is required to pay, the method of paying that child         240          

support, and the method of providing for the child's health care.  241          

The hearing shall be held not later than sixty days after the      242          

request is made pursuant to division (A) of this section or        244          

division (A) of section 3111.211 of the Revised Code nor earlier   245          

than thirty days after the officer gives the mother and father of  246          

the child notice of the action.  When an administrative officer    247          

issues an administrative order for the payment of support and      248          

provision for the child's health care, all of the following        249          

apply:                                                                          

      (1)  The administrative support order shall require          252          

periodic payments of support that may vary in amount, except       254          

that, if it is in the best interest of the child, the              255          

administrative officer may order a lump sum payment or the         256          

purchase of an annuity in lieu of periodic payments of support.    257          

      (2)  The administrative support order shall require the      259          

parents to provide for the health care needs of the child in       260          

accordance with section 3111.241 of the Revised Code.              261          

      The administrative support order shall include a notice      263          

stating that the mother or the father may object to the            265          

administrative order by bringing an action for the payment of      266          

support and provision for the child's health care under section    267          

2151.321 of the Revised Code in the juvenile court of the county   268          

in which the child or the guardian or legal custodian of the       269          

child resides, that the action may be brought no later than        270          

thirty days after the date of the issuance of the administrative   271          

support order, and that, if neither the mother nor the father      272          

brings an action for the payment of support and provision for the  273          

child's health care within that thirty-day period, the             275          

                                                          7      


                                                                 
administrative support order is final and enforceable by a court   276          

and may be modified and enforced only as provided in sections      277          

3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code.    279          

      Sec. 3113.21.  (A)(1)  In any action in which support is     288          

ordered under Chapter 3115. or under section 2151.23, 2151.231,    289          

2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    290          

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    291          

Revised Code, the court shall require the withholding or           292          

deduction of income or assets of the obligor in accordance with    293          

division (D) of this section or require the issuance of another    294          

type of appropriate court order in accordance with division        295          

(D)(3) or (4) or (H) of this section to ensure that withholding    297          

or deduction from the income or assets of the obligor is           298          

available from the commencement of the support order for the       300          

collection of the support and any arrearages that occur.  The      301          

court shall determine the specific withholding or deduction        302          

requirements or other appropriate requirements applicable to the   303          

obligor under the support order in accordance with divisions (D)   304          

and (H) of this section and section 2301.371 of the Revised Code   305          

and shall include the specific requirements in the notices         306          

described in divisions (A)(2) and (D) of this section or in the    307          

court orders described in divisions (A)(2), (D)(3) or (4), and     308          

(H) of this section.  Any person required to comply with any       310          

withholding or deduction requirement shall determine the manner    311          

of withholding or deducting from the specific requirement          312          

included in the notices described in those divisions without the   313          

need for any amendment to the support order, and any person        314          

required to comply with a court order described in division        315          

(D)(3), (D)(4), or (H) of this section shall comply with the       317          

court order without the need for any amendment to the support      318          

order.  The court shall include in any action in which support is  319          

ordered as described in division (A)(1) of this section a general  320          

provision that states the following:                                            

      "All child support and spousal support under this order      323          

                                                          8      


                                                                 
shall be withheld or deducted from the income or assets of the     325          

obligor pursuant to a withholding or deduction notice or           326          

appropriate court order issued in accordance with section 3113.21  327          

of the Revised Code or a withdrawal directive issued pursuant to   328          

section 3113.214 of the Revised Code and shall be forwarded to     329          

the obligee in accordance with sections 3113.21 to 3113.213 of     330          

the Revised Code."                                                 331          

      (2)  In any action in which support is ordered or modified   333          

as described in division (A)(1) of this section, the court shall   334          

determine in accordance with divisions (D) and (H) of this         335          

section the types of withholding or deduction requirements or      336          

other appropriate requirements that should be imposed relative to  337          

the obligor under the support order to collect the support due     338          

under the order.  Within fifteen days after the obligor under the  339          

support order is located subsequent to the issuance of the         340          

support order or within fifteen days after the default under the   342          

support order, whichever is applicable, the court or the child     343          

support enforcement agency, as determined by agreement of the      344          

court and the agency, shall send a notice by regular mail to each  345          

person required to comply with a withholding or deduction          346          

requirement.  The notice shall specify the withholding or          347          

deduction requirement and shall contain all of the information     348          

set forth in division (D)(1)(b) or (2)(b) of this section that is  349          

applicable to the requirement.  If the appropriate requirement is  351          

an order of the type described in division (D)(3), (D)(4), or (H)  352          

of this section, the court shall issue and send a court order in   353          

accordance with that division.  The notices and court orders, and  354          

the notices provided by the court or child support enforcement     355          

agency that require the obligor to notify the agency of any        356          

change in the obligor's employment status or of any other change                

in the status of the obligor's assets, are final and are           357          

enforceable by the court.  When the court or agency issues a       358          

notice, it shall provide the notice to the obligor in accordance   359          

with division (D)(1)(c) or (D)(2)(c) of this section, whichever    361          

                                                          9      


                                                                 
is applicable, and shall include with the notice the additional    362          

notices described in the particular division that is applicable.   363          

      (3)(a)  If support is ordered or modified on or after        365          

December 31, 1993, under Chapter 3115. or under section 2151.23,   366          

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   368          

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  369          

of the Revised Code, if the court has determined in accordance     370          

with division (A)(2) of this section the types of withholding or   371          

deduction requirements or other appropriate requirements that      372          

should be imposed relative to the obligor under the support order  373          

to collect the support due under the order, if the court or a      374          

child support enforcement agency has mailed the appropriate        375          

notice to the person required to comply with the withholding or    376          

deduction requirements that the court has determined should be     377          

imposed or the court has issued and sent a court order described   378          

in division (D)(3), (D)(4), or (H) of this section containing the  380          

other appropriate requirements that the court determined should    381          

be imposed, and if the child support enforcement agency is         382          

notified or otherwise determines that the employment status or     383          

other circumstances of the obligor have changed and that it is     384          

more appropriate to impose another type of or an additional        385          

withholding or deduction requirement or another type of or         386          

additional court order containing another appropriate                           

requirement, the agency immediately shall comply with section      387          

3113.212 of the Revised Code.  The notices and court orders        388          

issued under this division and section 3113.212 of the Revised     389          

Code, and the notices provided by the court or child support       390          

enforcement agency that require the obligor to notify the agency   391          

of any change in the obligor's employment status or of any other   392          

change in the status of the obligor's assets, are final and are    394          

enforceable by the court.                                                       

      (b)  All orders for support issued prior to December 31,     397          

1993, under Chapter 3115. or under section 2151.23, 2151.231,      398          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     400          

                                                          10     


                                                                 
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     401          

Code that have not been modified or subject to division (B) of     403          

this section regarding a default under the order on or after that  404          

date shall be considered to contain the general provision          405          

described in division (A)(1) of this section and shall be          406          

enforced and modified in the same manner as an order for support   407          

issued on or after December 31, 1993.                                           

      (4)  The department of job and family services shall adopt   409          

standard forms for the support withholding and deduction notices   411          

that are prescribed by divisions (A)(1) to (3) and (B) of this     412          

section.  All courts and child support enforcement agencies shall  413          

use the forms in issuing withholding and deduction notices in      414          

compliance with this section.                                      415          

      (B)(1)(a)  In any action in which support is ordered under   418          

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        419          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     421          

3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216,   422          

or 3113.31 of the Revised Code and in which there has been a       423          

default under the order, the court shall comply with divisions     424          

(B)(1) to (6) of this section.                                     425          

      If the support was ordered prior to December 31, 1993, or    427          

pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised   429          

Code, the court that issued the order, or in the case of an order  431          

pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised   432          

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          

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          

                                                          11     


                                                                 
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          

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          

                                                          12     


                                                                 
      "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          

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          

                                                          13     


                                                                 
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          

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          

                                                          14     


                                                                 
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          

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          

                                                          15     


                                                                 
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 job and family services shall adopt   626          

standard forms for the advance notice prescribed by divisions      628          

(B)(1) to (5) of this section.  All courts and child support       629          

enforcement agencies shall use those forms, and the support        630          

withholding and deduction notice forms adopted under division      631          

(A)(4) of this section, in complying with this section.            632          

      (C)(1)  In any action in which support is ordered under      634          

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        635          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     637          

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     639          

Code, all of the following apply:                                               

      (a)  The obligor or obligee under the order may file a       641          

motion with the court that issued the order requesting the         642          

issuance of one or more withholding or deduction notices as        643          

described in division (D) of this section to pay the support due   644          

under the order.  The motion may be filed at any time after the    645          

support order is issued.  Upon the filing of a motion pursuant to  646          

this division, the child support enforcement agency immediately    647          

shall conduct, and shall complete within twenty days after the     648          

                                                          16     


                                                                 
motion is filed, an investigation in accordance with division      649          

(B)(1)(b) of this section.  Upon the completion of the             650          

investigation and the filing of the agency's report under          651          

division (B)(1)(b) of this section, the court shall issue one or   652          

more appropriate orders described in division (D) of this          653          

section.                                                           654          

      (b)  If any proceedings involving the support order are      656          

commenced in the court and if the court has not issued any orders  657          

under division (D) of this section as it existed prior to          659          

December 31, 1993, with respect to the support order, if the       660          

court determines that any orders issued under division (D) of      661          

this section as it existed prior to December 31, 1993, no longer   663          

are appropriate, if the court on or after December 31, 1993, has   665          

not modified or reissued the support order under division (A) or   667          

(B) of this section and issued any notices under division (D) or   668          

court orders under division (D)(3) or (4) of this section, or if   670          

the court on or after December 31, 1993, has modified or reissued  672          

the support order under division (A) or (B) of this section and    673          

issued one or more notices under division (D) or one or more       674          

court orders under division (D)(3) or (4) of this section but      676          

determines that the notices or court orders no longer are          677          

appropriate, the court, prior to or during any hearings held with  678          

respect to the proceedings and prior to the conclusion of the      679          

proceedings, shall order the child support enforcement agency to   680          

conduct an investigation pursuant to division (B)(1)(b) of this    681          

section.  Upon the filing of the findings of the agency following  682          

the investigation, the court, as necessary, shall issue one or     683          

more notices described in division (D) or one or more court        684          

orders described in division (D)(3) or (4) of this section or      686          

modify any notices previously issued under division (D) or any     687          

court orders previously issued under division (D)(3) or (4) of     689          

this section.                                                                   

      (c)(i)  If a child support enforcement agency, in            691          

accordance with section 3113.216 of the Revised Code, requests     692          

                                                          17     


                                                                 
the court to issue a revised child support order in accordance     693          

with a revised amount of child support calculated by the agency,   694          

the court shall proceed as described in this division.  If         695          

neither the obligor nor the obligee requests a court hearing on    696          

the revised amount of child support, the court shall issue a       697          

revised child support order requiring the obligor to pay the       698          

revised amount of child support calculated by the agency.          699          

However, if the obligor or the obligee requests a court hearing    700          

on the revised amount of child support calculated by the agency,   701          

the court, in accordance with division (C)(1)(c)(ii) of this       702          

section, shall schedule and conduct a hearing to determine if the  703          

revised amount of child support is the appropriate amount and if   704          

the amount of child support being paid under the child support     705          

order otherwise should be revised.                                 706          

      (ii)  If the court is required to schedule and conduct a     708          

hearing pursuant to division (C)(1)(c)(i) of this section, the     709          

court shall give the obligor, obligee, and agency at least thirty  710          

days' notice of the date, time, and location of the hearing;       711          

order the obligor to provide the court with a copy of the          712          

obligor's federal income tax return from the previous year, a      713          

copy of all pay stubs obtained by the obligor within the           714          

preceding six months, a copy of all other records evidencing the   716          

receipt of any other salary, wages, or compensation by the                      

obligor within the preceding six months, a list of the group       717          

health insurance and health care policies, contracts, and plans    718          

available to the obligor and their costs, and the current health   719          

insurance or health care policy, contract, or plan under which     720          

the obligor is enrolled and its cost, if the obligor failed to     721          

provide any of those documents to the agency, and order the        722          

obligee to provide the court with a copy of the obligee's federal  723          

income tax return from the previous year, a copy of all pay stubs  724          

obtained by the obligee within the preceding six months, a copy    726          

of all other records evidencing the receipt of any other salary,   727          

wages, or compensation by the obligee within the preceding six     728          

                                                          18     


                                                                 
months, a list of the group health insurance and health care                    

policies, contracts, and plans available to the obligee and their  729          

costs, and the current health insurance or health care policy,     730          

contract, or plan under which the obligee is enrolled and its      731          

cost, if the obligee failed to provide any of those documents to   733          

the agency; give the obligor and the obligee notice that any       734          

willful failure to comply with that court order is contempt of     735          

court and, upon a finding by the court that the party is in        736          

contempt of court, the court and the agency will take any action   737          

necessary to obtain the information or make any reasonable         738          

assumptions necessary with respect to the information the person   740          

in contempt of court did not provide to ensure a fair and                       

equitable review of the child support order; issue a revised       742          

child support order requiring the obligor to pay the revised       743          

amount of child support calculated by the agency, if the court     744          

determines at the hearing that the revised amount of child         745          

support calculated by the agency is the appropriate amount; and    746          

determine the appropriate amount of child support and, if          747          

necessary, issue a revised child support order requiring the       748          

obligor to pay the amount of child support determined by the       749          

court, if the court determines that the revised amount of child    750          

support calculated by the agency is not the appropriate amount.    751          

      (iii)  In determining, at a hearing conducted under          753          

divisions (C)(1)(c)(i) and (ii) of this section, the appropriate   754          

amount of child support to be paid by the obligor, the court       755          

shall consider, in addition to all other factors required by law   756          

to be considered, the appropriate person, whether it is the        757          

obligor, obligee, or both, to be required in accordance with       758          

section 3113.217 of the Revised Code to provide health insurance   760          

coverage for the children specified in the order, and the cost of  761          

health insurance which the obligor, the obligee, or both have      762          

been ordered in accordance with section 3113.217 of the Revised    763          

Code to obtain for the children specified in the order.            764          

      (d)(i)  An obligee under a child support order may file a    767          

                                                          19     


                                                                 
motion with the court that issued the order requesting the court   768          

to modify the order to require the obligor to obtain health        769          

insurance coverage for the children who are the subject of the     770          

order, and an obligor under a child support order may file a       771          

motion with the court that issued the order requesting the court   772          

to modify the order to require the obligee to obtain health        773          

insurance coverage for those children.  Upon the filing of such a  774          

motion, the court shall order the child support enforcement        775          

agency to conduct an investigation to determine whether the        776          

obligor or obligee has satisfactory health insurance coverage for  777          

the children.  Upon completion of its investigation, the agency    778          

shall inform the court, in writing, of its determination.  If the  779          

court determines that neither the obligor nor the obligee has      780          

satisfactory health insurance coverage for the children, it shall  781          

modify the child support order in accordance with section          783          

3113.217 of the Revised Code.                                                   

      (ii)  An obligor or obligee under a child support order may  786          

file a motion with the court that issued the order requesting the  787          

court to modify the amount of child support required to be paid    788          

under the order because that amount does not adequately cover the  789          

medical needs of the child.  Upon the filing of such a motion,     790          

the court shall determine whether the amount of child support      791          

required to be paid under the order adequately covers the medical  792          

needs of the child and whether to modify the order, in accordance  793          

with division (B)(4) of section 3113.215 of the Revised Code.      794          

      (e)  Whenever a court modifies, reviews, or otherwise        796          

reconsiders a child support order, it may reconsider which parent  797          

may claim the children who are the subject of the child support    798          

order as dependents for federal income tax purposes as set forth   799          

in section 151 of the "Internal Revenue Code of 1986," 100 Stat.   800          

2085, 26 U.S.C. 1, as amended, and shall issue its determination   801          

on this issue as part of the child support order.  The court in    802          

its order may permit the parent who is not the residential parent  803          

and legal custodian to claim the children as dependents for        804          

                                                          20     


                                                                 
federal income tax purposes only if the payments for child         805          

support are current in full as ordered by the court for the year   806          

in which the children will be claimed as dependents.  If the       807          

court determines that the parent who is not the residential        808          

parent and legal custodian may claim the children as dependents    809          

for federal income tax purposes, it shall order the residential    810          

parent to take whatever action is necessary pursuant to section    811          

152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     812          

U.S.C. 1, as amended, to enable the parent who is not the          813          

residential parent and legal custodian to claim the children as    814          

dependents for federal income tax purposes in accordance with the  815          

order of the court.  Any willful failure of the residential        816          

parent to comply with the order of the court is contempt of        817          

court.                                                             818          

      (f)  When issuing or modifying a child support order, the    821          

court shall include in the order all of the requirements,          822          

specifications, and statements described in division (B) of        823          

section 3113.218 of the Revised Code.  If the obligor or obligee   824          

does not request a court hearing on the revised amount of child    825          

support determined by the agency and filed with the court          826          

pursuant to section 3113.216 of the Revised Code and the court     828          

modifies the order to include the revised amount pursuant to       829          

division (C)(1)(c)(i) of this section, the modification shall      831          

relate back to the first day of the month following the date       832          

certain on which the review of the child support order began                    

pursuant to division (C)(1)(a) of section 3113.216 of the Revised  833          

Code.  If the obligor or obligee requests a court hearing on the   834          

revised amount of child support pursuant to this section and       835          

section 3113.216 of the Revised Code and the court, after          837          

conducting a hearing, modifies the child support amount under the  838          

order, the modification shall relate back to the first day of the  840          

month following the date certain on which the review of the child  841          

support order began pursuant to division (C)(1)(a) of section      842          

3113.216 of the Revised Code.                                      843          

                                                          21     


                                                                 
      (2)  In any action in which a support order is issued under  845          

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        847          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     848          

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     849          

Code, the court issuing the order also shall conduct a hearing,    850          

prior to or at the time of the issuance of the support order, to   851          

determine the employment status of the obligor, the obligor's      852          

social security number, the name and business address of the       853          

obligor's employer, and any other information necessary to enable  854          

the court or a child support enforcement agency to issue any       855          

withholding or deduction notice described in division (D) of this  856          

section or for the court to issue a court order described in       857          

division (D)(3) or (4) of this section.  The court, prior to the   859          

hearing, shall give the obligor notice of the hearing that shall   861          

include the date on which the notice is given and notice that the  862          

obligor is subject to a requirement for the withholding of a       863          

specified amount from income if employed and to one or more other  864          

types of withholding or deduction requirements described in        865          

division (D) OF THIS SECTION or one or more types of court orders  866          

described in division (D)(3) or (4) of this section and that the   869          

obligor may present evidence and testimony at the hearing to       870          

prove that any of the requirements would not be proper because of  871          

a mistake of fact.                                                 872          

      The court or child support enforcement agency, immediately   874          

upon the court's completion of the hearing, shall issue one or     875          

more of the types of notices described in division (D) of this     876          

section imposing a withholding or deduction requirement, or the    877          

court shall issue one or more types of court orders described in   878          

division (D)(3) or (4) of this section.                            879          

      (D)  If a court or child support enforcement agency is       881          

required under division (A), (B), or (C) of this section or any    882          

other section of the Revised Code to issue one or more             883          

withholding or deduction notices described in this division or     884          

court orders described in division (D)(3) or (4) of this section,  886          

                                                          22     


                                                                 
the court shall issue one or more of the following types of        887          

notices or court orders, or the agency shall issue one or more of  888          

the following types of notices to pay the support required under   889          

the support order in question and also, if required by any of      890          

those divisions, any other section of the Revised Code, or the     891          

court, to pay any arrearages:                                      892          

      (1)(a)  If the court or the child support enforcement        894          

agency determines that the obligor is receiving income from a      896          

payor, the court or agency shall require the obligor's payor to    897          

withhold from the obligor's income a specified amount for support  900          

in satisfaction of the support order, to begin the withholding no  901          

later than fourteen working days following the date the notice     903          

was mailed to the employer under divisions (A)(2) or (B) and       904          

(D)(1)(b) of this section or, if the payor is an employer, no      906          

later than the first pay period that occurs after fourteen         907          

working days following the date the notice was mailed, to send     908          

the amount withheld to the division of child support in the        910          

department of job and family services pursuant to section          912          

5101.325 of the Revised Code, to send that amount to the division  914          

immediately but not later than seven days after the date the       915          

obligor is paid, and to continue the withholding at intervals      916          

specified in the notice until further notice from the court or     917          

child support enforcement agency.  To the extent possible, the     918          

amount specified in the notice to be withheld shall satisfy the    920          

amount ordered for support in the support order plus any           921          

arrearages that may be owed by the obligor under any prior         922          

support order that pertained to the same child or spouse,          923          

notwithstanding any applicable limitations of sections 2329.66,    925          

2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code.       927          

However, in no case shall the sum of the amount specified in the   928          

notice to be withheld and any fee withheld by the payor as a       930          

charge for its services exceed the maximum amount permitted under  931          

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  932          

1673(b).                                                                        

                                                          23     


                                                                 
      (b)  If the court or agency imposes a withholding            934          

requirement under division (D)(1)(a) of this section, it, within   935          

the applicable period of time specified in division (A), (B), or   936          

(C) of this section, shall send to the obligor's payor by regular  939          

mail a notice that contains all of the information set forth in    940          

divisions (D)(1)(b)(i) to (xi) of this section.  The notice is     941          

final and is enforceable by the court.  The notice shall contain   942          

all of the following:                                                           

      (i)  The amount to be withheld from the obligor's income     944          

and a statement that the amount actually withheld for support and  946          

other purposes, including the fee described in division            947          

(D)(1)(b)(xi) of this section, shall not be in excess of the       948          

maximum amounts permitted under section 303(b) of the "Consumer    949          

Credit Protection Act," 15 U.S.C. 1673(b);                         950          

      (ii)  A statement that the payor is required to send the     953          

amount withheld to the division of child support immediately, but  955          

not later than seven working days, after the obligor is paid and   957          

is required to report to the agency the date on which the amount   958          

was withheld from the obligor's income;                            959          

      (iii)  A statement that the withholding is binding upon the  961          

payor until further notice from the agency;                        962          

      (iv)  A statement that if the payor is an employer, the      965          

payor is subject to a fine to be determined under the law of this  966          

state for discharging the obligor from employment, refusing to     967          

employ the obligor, or taking any disciplinary action against the  968          

obligor because of the withholding requirement;                    969          

      (v)  A statement that, if the payor fails to withhold        971          

income in accordance with the provisions of the notice, the payor  973          

is liable for the accumulated amount the payor should have         975          

withheld from the obligor's income;                                             

      (vi)  A statement that the withholding in accordance with    977          

the notice and under the provisions of this section has priority   978          

over any other legal process under the law of this state against   979          

the same income;                                                   980          

                                                          24     


                                                                 
      (vii)  The date on which the notice was mailed and a         982          

statement that the payor is required to implement the withholding  984          

no later than fourteen working days following the date the notice  985          

was mailed or, if the payor is an employer, no later than the      986          

first pay period that occurs after fourteen working days           987          

following the date the notice was mailed and is required to        988          

continue the withholding at the intervals specified in the         989          

notice;                                                                         

      (viii)  A requirement that the payor promptly notify the     991          

child support enforcement agency, in writing, within ten working   992          

days after the date of any situation that occurs including         994          

termination of employment, layoff of the obligor from employment,  995          

any leave of absence of the obligor from employment without pay,   996          

termination of workers' compensation benefits, or termination of   997          

any pension, annuity, allowance, or retirement benefit, in which   999          

the payor ceases to pay income in an amount sufficient to comply   1,002        

with the order to the obligor, provide the agency with the         1,003        

obligor's last known address, notify the agency of any new                      

employer or income source, if known, and provide the agency with   1,005        

any new employer's or income source's name, address, and           1,006        

telephone number, if known;                                        1,007        

      (ix)  A requirement that, if the payor is an employer, THE   1,010        

PAYOR identify in the notification given under division            1,011        

(D)(1)(b)(viii) of this section any types of benefits other than   1,012        

personal earnings that the obligor is receiving or is eligible to  1,013        

receive as a benefit of employment or as a result of the           1,014        

obligor's termination of employment, including, but not limited    1,015        

to, unemployment compensation, workers' compensation benefits,     1,016        

severance pay, sick leave, lump-sum payments of retirement         1,017        

benefits or contributions, and bonuses or profit-sharing payments  1,018        

or distributions, and the amount of such benefits, and include in  1,019        

the notification the obligor's last known address and telephone    1,020        

number, date of birth, social security number, and court case      1,021        

number and, if known, the name and business address of any new     1,022        

                                                          25     


                                                                 
employer of the obligor;                                                        

      (x)  A requirement that, no later than the earlier of        1,024        

forty-five days before the lump-sum payment is to be made or, if   1,025        

the obligor's right to the lump-sum payment is determined less     1,026        

than forty-five days before it is to be made, the date on which    1,027        

that determination is made, the payor notify the child support     1,029        

enforcement agency of any lump-sum payments of any kind of one     1,031        

hundred fifty dollars or more that are to be paid to the obligor,  1,032        

hold the lump-sum payments of one hundred fifty dollars or more    1,034        

for thirty days after the date on which the lump-sum payments      1,035        

otherwise would have been paid to the obligor and, upon order of   1,037        

the court, pay any specified amount of the lump-sum payment to     1,038        

the division of child support;                                                  

      (xi)  A statement that, in addition to the amount withheld   1,040        

for support, the payor may withhold a fee from the obligor's       1,042        

income as a charge for its services in complying with the notice   1,045        

and a specification of the amount that may be withheld.                         

      (c)  The court or agency shall send the notice described in  1,047        

division (D)(1)(b) of this section to the obligor and shall        1,048        

attach to the notice an additional notice requiring the obligor    1,049        

immediately to notify the child support enforcement agency, in     1,050        

writing, of any change in the obligor's income source and of the   1,051        

availability of any other sources of income that can be the        1,053        

subject of any withholding or deduction requirement described in   1,054        

division (D) of this section.  The court or agency shall serve     1,055        

the notices upon the obligor at the same time as service of the    1,056        

support order or, if the support order previously has been         1,057        

issued, shall send the notices to the obligor by regular mail at   1,058        

the last known address at the same time that it sends the notice   1,059        

described in division (D)(1)(b) of this section to the payor.      1,060        

The notification required of the obligor shall include a           1,061        

description of the nature of any new employment or income source,  1,062        

the name, business address, and telephone number of any new        1,063        

employer or income source, and any other information reasonably    1,065        

                                                          26     


                                                                 
required by the court.  No obligor shall fail to give the          1,066        

notification required by division (D)(1)(c) of this section.       1,067        

      (2)(a)  If the court or child support enforcement agency     1,069        

determines that the obligor has funds on deposit in any account    1,070        

in a financial institution under the jurisdiction of the court,    1,071        

the court or agency may require any financial institution in       1,072        

which the obligor's funds are on deposit to deduct from the        1,073        

obligor's account a specified amount for support in satisfaction   1,074        

of the support order, to begin the deduction no later than         1,075        

fourteen working days following the date the notice was mailed to  1,076        

the financial institution under divisions (A)(2) or (B) and        1,077        

(D)(2)(b) of this section, to send the amount deducted to the      1,079        

division of child support in the department of job and family      1,081        

services pursuant to section 5101.325 of the Revised Code, to      1,082        

send that amount to the division immediately but not later than    1,084        

seven working days after the date the latest deduction was made,   1,086        

to provide the date on which the amount was deducted, and to       1,087        

continue the deduction at intervals specified in the notice until  1,088        

further notice from the court or child support enforcement         1,089        

agency.  To the extent possible, the amount specified in the       1,091        

notice to be deducted shall satisfy the amount ordered for         1,092        

support in the support order plus any arrearages that may be owed  1,093        

by the obligor under any prior support order that pertained to     1,094        

the same child or spouse, notwithstanding the limitations of       1,095        

sections 2329.66, 2329.70, and 2716.13 of the Revised Code.        1,096        

      (b)  If the court or agency imposes a withholding            1,098        

requirement under division (D)(2)(a) of this section, it, within   1,100        

the applicable period of time specified in division (A), (B), or   1,101        

(C) of this section, shall send to the financial institution by    1,102        

regular mail a notice that contains all of the information set     1,103        

forth in divisions (D)(2)(b)(i) to (viii) of this section.  The    1,105        

notice is final and is enforceable by the court.  The notice       1,106        

shall contain all of the following:                                1,107        

      (i)  The amount to be deducted from the obligor's account;   1,109        

                                                          27     


                                                                 
      (ii)  A statement that the financial institution is          1,111        

required to send the amount deducted to the division of child      1,112        

support immediately, but not later than seven working days, after  1,115        

the date the last deduction was made and is required to report to  1,116        

the child support enforcement agency the date on which the amount  1,117        

was deducted from the obligor's account;                           1,118        

      (iii)  A statement that the deduction is binding upon the    1,120        

financial institution until further notice from the court or       1,121        

agency;                                                            1,122        

      (iv)  A statement that the withholding in accordance with    1,124        

the notice and under the provisions of this section has priority   1,125        

over any other legal process under the law of this state against   1,126        

the same account;                                                  1,127        

      (v)  The date on which the notice was mailed and a           1,129        

statement that the financial institution is required to implement  1,130        

the deduction no later than fourteen working days following the    1,131        

date the notice was mailed and is required to continue the         1,132        

deduction at the intervals specified in the notice;                1,133        

      (vi)  A requirement that the financial institution promptly  1,135        

notify the child support enforcement agency, in writing, within    1,136        

ten days after the date of any termination of the account from     1,137        

which the deduction is being made and notify the agency, in        1,138        

writing, of the opening of a new account at that financial         1,139        

institution, the account number of the new account, the name of    1,140        

any other known financial institutions in which the obligor has    1,141        

any accounts, and the numbers of those accounts;                   1,142        

      (vii)  A requirement that the financial institution include  1,144        

in all notices the obligor's last known mailing address, last      1,145        

known residence address, and social security number;               1,146        

      (viii)  A statement that, in addition to the amount          1,148        

deducted for support, the financial institution may deduct a fee   1,149        

from the obligor's account as a charge for its services in         1,150        

complying with the notice and a specification of the amount that   1,151        

may be deducted.                                                   1,152        

                                                          28     


                                                                 
      (c)  The court or agency shall send the notice described in  1,154        

division (D)(2)(b) of this section to the obligor and shall        1,155        

attach to the notice an additional notice requiring the obligor    1,156        

immediately to notify the child support enforcement agency, in     1,157        

writing, of any change in the status of the account from which     1,158        

the amount of support is being deducted or the opening of a new    1,159        

account with any financial institution, of commencement of         1,160        

employment, including self-employment, or of the availability of   1,161        

any other sources of income that can be the subject of any         1,162        

withholding or deduction requirement described in division (D) of  1,163        

this section.  The court or agency shall serve the notices upon    1,164        

the obligor at the same time as service of the support order or,   1,165        

if the support order previously has been issued, shall send the    1,166        

notices to the obligor by regular mail at the last known address   1,167        

at the same time that it sends the notice described in division    1,168        

(D)(2)(b) of this section to the financial institution.  The       1,170        

additional notice also shall specify that upon commencement of     1,172        

employment, the obligor may request the court or child support     1,173        

enforcement agency to cancel its financial institution account     1,174        

deduction notice and instead issue a notice requiring the                       

withholding of an amount from personal earnings for support in     1,176        

accordance with division (D)(1) of this section and that upon                   

commencement of employment the court may cancel its financial      1,177        

institution account deduction notice under division (D)(2)(b) of   1,179        

this section and instead will issue a notice requiring the         1,180        

withholding of an amount from personal earnings for support in     1,182        

accordance with division (D)(1) of this section.  The                           

notification required of the obligor shall include a description   1,183        

of the nature of any new accounts opened at a financial            1,184        

institution under the jurisdiction of the court, the name and      1,185        

business address of that financial institution, a description of   1,186        

the nature of any new employment or income source, the name,       1,187        

business address, and telephone number of any new employer or      1,189        

income source, and any other information reasonably required by    1,191        

                                                          29     


                                                                 
the court.                                                                      

      (3)  The court may issue an order requiring the obligor to   1,193        

enter into a cash bond with the court.  The court shall issue the  1,194        

order as part of the support order or, if the support order        1,195        

previously has been issued, as a separate order.  Any cash bond    1,196        

so required shall be in a sum fixed by the court at not less than  1,197        

five hundred nor more than ten thousand dollars, conditioned that  1,198        

the obligor will make payment as previously ordered and will pay   1,199        

any arrearages under any prior support order that pertained to     1,200        

the same child or spouse.  The order, along with an additional     1,201        

order requiring the obligor to immediately notify the child        1,202        

support enforcement agency, in writing, if the obligor begins to   1,203        

receive income from a payor, shall be attached to, and shall be    1,205        

served upon the obligor at the same time as service of, the        1,206        

support order or, if the support order previously has been                      

issued, as soon as possible after the issuance of the order under  1,207        

this division.  The additional order also shall specify that when  1,208        

the obligor begins to receive income from a payor the obligor may  1,210        

request the court to cancel its bond order and instead issue a     1,211        

notice requiring the withholding of an amount from income for      1,214        

support in accordance with division (D)(1) of this section and     1,215        

that when the obligor begins to receive income from a payor the    1,216        

court will proceed to collect on the bond, if the court            1,217        

determines that payments due under the support order have not      1,218        

been made and that the amount that has not been paid is at least   1,219        

equal to the support owed for one month under the support order,   1,220        

and will issue a notice requiring the withholding of an amount     1,221        

from income for support in accordance with division (D)(1) of      1,224        

this section.  The notification required of the obligor shall                   

include a description of the nature of any new employment, the     1,225        

name and business address of any new employer, and any other       1,226        

information reasonably required by the court.                      1,227        

      The court shall not order an obligor to post a cash bond     1,229        

under this division unless the court determines that the obligor   1,230        

                                                          30     


                                                                 
has the ability to do so.  A child support enforcement agency      1,231        

shall not issue an order of the type described in this division.   1,232        

If a child support enforcement agency is required to issue a       1,233        

withholding or deduction notice under division (D) of this         1,234        

section but the agency determines that no notice of the type       1,235        

described in division (D)(1) or (2) of this section would be       1,237        

appropriate, the agency may request the court to issue a court     1,238        

order under this division, and, upon the request, the court may    1,239        

issue an order as described in this division.                      1,240        

      (4)  If the obligor is unemployed, has no income, and does   1,242        

not have an account at any financial institution, or on request    1,243        

of a child support enforcement agency made under section 3111.231  1,244        

of the Revised Code, the court shall issue an order requiring the  1,246        

obligor, if able to engage in employment, to seek employment or    1,247        

participate in a work activity to which a recipient of assistance  1,248        

under Title IV-A of the "Social Security Act," 49 Stat. 620        1,249        

(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified  1,250        

in section 407(d) of the "Social Security Act," 42 U.S.C.A.        1,251        

607(d), as amended.  The court shall include in the order a        1,253        

requirement that the obligor notify the child support enforcement  1,254        

agency upon obtaining employment, upon obtaining any income, or    1,255        

upon obtaining ownership of any asset with a value of five         1,256        

hundred dollars or more.  The court may issue the order            1,257        

regardless of whether the obligee to whom the obligor owes                      

support is a recipient of assistance under Title IV-A of the       1,258        

"Social Security Act."  The court shall issue the order as part    1,260        

of a support order or, if a support order previously has been      1,262        

issued, as a separate order.  If a child support enforcement       1,264        

agency is required to issue a withholding or deduction notice      1,265        

under division (D) of this section but the agency determines that  1,266        

no notice of the type described in division (D)(1) or (2) of this  1,267        

section would be appropriate, the agency may request the court to  1,269        

issue a court order under division (D)(4) of this section, and,    1,270        

upon the request, the court may issue an order as described in     1,272        

                                                          31     


                                                                 
division (D)(4) of this section.                                                

      If an obligor is ordered to participate in a work activity,  1,275        

the child support enforcement agency of the county in which the    1,276        

obligor resides shall oversee the obligor's participation in       1,277        

accordance with rules the director of job and family services      1,278        

shall adopt in accordance with Chapter 119. of the Revised Code.   1,279        

A child support enforcement agency may contract with one or more   1,280        

governmental agencies or persons to carry out some or all of its   1,281        

oversight duties.                                                  1,282        

      (E)  If a court or child support enforcement agency is       1,284        

required under division (A), (B), or (C) of this section or any    1,285        

other section of the Revised Code to issue one or more notices or  1,286        

court orders described in division (D) of this section, the court  1,287        

or agency to the extent possible shall issue a sufficient number   1,288        

of notices or court orders under division (D) of this section to   1,289        

provide that the aggregate amount withheld or deducted under       1,290        

those notices or court orders satisfies the amount ordered for     1,291        

support in the support order plus any arrearages that may be owed  1,292        

by the obligor under any prior support order that pertained to     1,293        

the same child or spouse, notwithstanding any applicable           1,294        

limitations of sections 2329.66, 2329.70, 2716.02, 2716.041,       1,296        

2716.05, 2716.13, and 4123.67 of the Revised Code.  However, in    1,298        

no case shall the aggregate amount withheld pursuant to a                       

withholding notice issued under division (D)(1) of this section    1,300        

and any fees withheld pursuant to the notice as a charge for       1,301        

services exceed the maximum amount permitted under section 303(b)  1,302        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        1,303        

      (F)(1)  Any withholding or deduction requirement that is     1,305        

contained in a notice described in division (D) of this section    1,306        

and that is required to be issued by division (A), (B), or (C) of  1,307        

this section or any other section of the Revised Code has          1,308        

priority over any order of attachment, any order in aid of         1,309        

execution, and any other legal process issued under state law      1,310        

against the same earnings, payments, or account.                   1,311        

                                                          32     


                                                                 
      (2)  When a payor receives two or more withholding notices   1,313        

that are described in division (D)(1) of this section and that     1,315        

are required to be issued by division (A), (B), or (C) of this     1,316        

section or any other section of the Revised Code, the payor shall  1,319        

comply with all of the requirements contained in the notices to    1,320        

the extent that the total amount withheld from the obligor's       1,321        

income does not exceed the maximum amount permitted under section  1,323        

303(b) of the "Consumer Credit Protection Act," 15 U.S.C.          1,324        

1673(b), withhold amounts in accordance with the allocation set    1,325        

forth in divisions (F)(2)(a) and (b) of this section, notify each  1,326        

court or child support enforcement agency that issued one of the   1,327        

notices of the allocation, and give priority to amounts            1,328        

designated in each notice as current support in the following      1,329        

manner:                                                                         

      (a)  If the total of the amounts designated in the notices   1,331        

as current support exceeds the amount available for withholding    1,332        

under section 303(b) of the "Consumer Credit Protection Act," 15   1,333        

U.S.C. 1673(b), the payor shall allocate to each notice an amount  1,334        

for current support equal to the amount designated in that notice  1,336        

as current support multiplied by a fraction in which the           1,337        

numerator is the amount of income available for withholding and    1,338        

the denominator is the total amount designated in all of the       1,339        

notices as current support.                                                     

      (b)  If the total of the amounts designated in the notices   1,341        

as current support does not exceed the amount available for        1,342        

withholding under section 303(b) of the "Consumer Credit           1,343        

Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of     1,345        

the amounts designated as current support in the notices and       1,346        

shall allocate to each notice an amount for past-due support       1,347        

equal to the amount designated in that notice as past-due support  1,348        

multiplied by a fraction in which the numerator is the amount of   1,349        

income remaining available for withholding after the payment of    1,351        

current support and the denominator is the total amount            1,352        

designated in all of the notices as past-due support.              1,353        

                                                          33     


                                                                 
      (G)(1)  Except when a provision specifically authorizes or   1,355        

requires service other than as described in this division,         1,356        

service of any notice on any party, a financial institution, or    1,358        

payor, for purposes of division (A), (B), (C), or (D) of this      1,360        

section, shall be made by ordinary first class mail directed to    1,361        

the addressee at the last known address, or, in the case of a      1,362        

corporation, at its usual place of doing business.  A notice       1,363        

shall be considered to have been served when it is mailed.         1,364        

      (2)  Each party to a support order shall notify the child    1,366        

support enforcement agency of the party's current mailing          1,367        

address, current residence address, current residence telephone    1,369        

number, and current driver's license number, at the time of the    1,370        

issuance or modification of the order and, until further notice    1,371        

of the court that issues the order, shall notify the agency of     1,372        

any change in that information immediately after the change        1,373        

occurs.  Any willful failure to comply with this division is       1,375        

contempt of court.  No person shall fail to give the notice        1,376        

required by division (G)(2) of this section.                                    

      (3)  Each support order, or modification of a support        1,378        

order, that is subject to this section shall contain a notice      1,380        

that states the following in boldfaced type and in all capital     1,381        

letters:                                                                        

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      1,384        

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        1,385        

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      1,386        

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      1,387        

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    1,388        

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.  IF YOU ARE    1,389        

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE   1,390        

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST      1,391        

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   1,393        

OFFENSE.  IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT                    

ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS    1,394        

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    1,396        

                                                          34     


                                                                 
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           1,397        

      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      1,399        

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING          1,400        

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      1,401        

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  1,403        

DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR   1,404        

INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN                  

FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO   1,405        

OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."         1,406        

      (4)(a)  The parent who is the residential parent and legal   1,408        

custodian of a child for whom a support order is issued or the     1,409        

person who otherwise has custody of a child for whom a support     1,410        

order is issued immediately shall notify, and the obligor under a  1,411        

support order may notify, the child support enforcement agency of  1,412        

any reason for which the support order should terminate,           1,413        

including, but not limited to, the child's attainment of the age   1,414        

of majority if the child no longer attends an accredited high      1,415        

school on a full-time basis and the support order does not         1,416        

provide for the duty of support to continue past the age of        1,417        

majority; the child ceasing to attend such a high school on a      1,418        

full-time basis after attaining the age of majority, if the        1,420        

support order does not provide for the duty of support to                       

continue past the age of majority; or the death, marriage,         1,421        

emancipation, enlistment in the armed services, deportation, or    1,422        

change of legal or physical custody of the child.  A willful       1,423        

failure to notify the child support enforcement agency as          1,424        

required by this division is contempt of court.  Upon receipt of   1,425        

a notice pursuant to this division, the agency immediately shall   1,426        

conduct an investigation to determine if any reason exists for     1,427        

which the support order should terminate.  The agency may conduct  1,428        

such an investigation regardless of whether it received notice     1,429        

under this division.  If the agency determines the order should    1,430        

terminate, it immediately shall notify the court that issued the   1,431        

support order of the reason for which the support order should     1,432        

                                                          35     


                                                                 
terminate.                                                                      

      (b)  Upon receipt of a notice given pursuant to division     1,434        

(G)(4)(a) of this section, the court shall order the division of   1,435        

child support to impound any funds received for the child          1,437        

pursuant to the support order and the court shall set the case     1,439        

for a hearing for a determination of whether the support order     1,440        

should be terminated or modified or whether the court should take  1,441        

any other appropriate action.                                                   

      (c)  If the court terminates a support order pursuant to     1,443        

divisions (G)(4)(a) and (b) of this section, the termination of    1,444        

the support order also terminates any withholding or deduction     1,445        

order as described in division (D) or (H) of this section issued   1,446        

prior to December 31, 1993, and any withholding or deduction       1,448        

notice as described in division (D) OF THIS SECTION or court       1,449        

order as described in division (D)(3), (D)(4), or (H) of this      1,450        

section issued on or after December 31, 1993.  Upon the            1,451        

termination of any withholding or deduction order or any           1,452        

withholding or deduction notice, the court immediately shall       1,453        

notify the appropriate child support enforcement agency that the   1,454        

order or notice has been terminated, and the agency immediately    1,455        

shall notify each payor or financial institution required to       1,456        

withhold or deduct a sum of money for the payment of support       1,458        

under the terminated withholding or deduction order or notice      1,460        

that the order or notice has been terminated and that it is        1,461        

required to cease all withholding or deduction under the order or  1,462        

notice.                                                                         

      (d)  The director of job and family services shall adopt     1,465        

rules that provide for both of the following:                      1,466        

      (i)  The return to the appropriate person of any funds that  1,468        

a court has ordered impounded under division (G)(4)(b) of this     1,469        

section if the support order under which the funds were paid has   1,470        

been terminated pursuant to divisions (G)(4)(a) and (b) of this    1,471        

section;                                                           1,472        

      (ii)  The return to the appropriate person of any other      1,474        

                                                          36     


                                                                 
payments made pursuant to a support order if the payments were     1,475        

made at any time after the support order under which the funds     1,476        

were paid has been terminated pursuant to divisions (G)(4)(a) and  1,477        

(b) of this section.                                               1,478        

      (5)  If any party to a support order requests a              1,480        

modification of the order or if any obligee under a support order  1,481        

or any person on behalf of the obligee files any action to         1,482        

enforce a support order, the court shall notify the child support  1,483        

enforcement agency that is administering the support order or      1,484        

that will administer the order after the court's determination of  1,485        

the request or the action, of the request or the filing.           1,486        

      (6)  When a child support enforcement agency receives any    1,488        

notice under division (G) of section 2151.23, section 2301.37,     1,489        

division (E) of section 3105.18, division (C) of section 3105.21,  1,490        

division (A) of section 3109.05, division (F) of section 3111.13,  1,491        

division (B) of section 3113.04, section 3113.21, section          1,492        

3113.211, section 3113.212, division (K) of section 3113.31, or    1,493        

division (C)(3) of section 3115.31 of the Revised Code, it shall   1,495        

issue the most appropriate notices under division (D) of this      1,496        

section.  Additionally, it shall do all of the following:          1,497        

      (a)  If the obligor is subject to a withholding notice       1,499        

issued under division (D)(1) of this section and the notice        1,500        

relates to the obligor's change of employment, send a withholding  1,501        

notice under that division to the new employer of the obligor as   1,502        

soon as the agency obtains knowledge of that employer;             1,503        

      (b)  If the notification received by the agency specifies    1,505        

that a lump-sum payment of one hundred fifty dollars or more is    1,507        

to be paid to the obligor, notify the court of the receipt of the  1,508        

notice and its contents.  The agency may notify the court if the   1,510        

notification specifies that a lump-sum payment of less than one    1,511        

hundred fifty dollars is to be paid to the obligor.                1,512        

      (c)  Comply with section 3113.212 of the Revised Code, as    1,514        

appropriate.                                                       1,515        

      (H)(1)(a)  For purposes of division (D)(1) of this section,  1,517        

                                                          37     


                                                                 
when a person who fails to comply with a support order that is     1,518        

subject to that division derives income from self-employment or    1,519        

commission, is employed by an employer not subject to the          1,520        

jurisdiction of the court, or is in any other employment           1,521        

situation that makes the application of that division              1,522        

impracticable, the court may require the person to enter into a    1,523        

cash bond to the court in a sum fixed by the court at not less     1,524        

than five hundred nor more than ten thousand dollars, conditioned  1,525        

that the person will make payment as previously ordered.           1,526        

      (b)  When a court determines at a hearing conducted under    1,528        

division (B) of this section, or a child support enforcement       1,529        

agency determines at a hearing or pursuant to an investigation     1,530        

conducted under division (B) of this section, that the obligor     1,531        

under the order in relation to which the hearing or investigation  1,532        

is conducted is unemployed and has no other source of income and   1,533        

no assets so that the application of divisions (B) and (D) of      1,534        

this section would be impracticable, the court shall issue an      1,535        

order as described in division (D)(4) of this section and shall    1,537        

order the obligor to notify the child support enforcement agency   1,538        

in writing immediately of the receipt of any source of income or   1,540        

of the opening of an account in a financial institution, and to    1,541        

include in the notification a description of the nature of the     1,542        

employment or income source, the name, business address, and                    

telephone number of the employer or income source, and any other   1,543        

information reasonably required by the court.                      1,544        

      (2)  When a court determines, at a hearing conducted under   1,546        

division (C)(2) of this section, that an obligor is unemployed,    1,547        

is not receiving workers' compensation payments, does not have an  1,548        

account in a financial institution, and has no other source of     1,549        

income and no assets so that the application of divisions (C)(2)   1,550        

and (D) of this section would be impracticable, the court shall    1,551        

issue an order as described in division (D)(4) of this section     1,552        

and shall order the obligor to notify the child support            1,553        

enforcement agency, in writing, immediately of the receipt of any  1,554        

                                                          38     


                                                                 
source of income or of the opening of an account in a financial    1,555        

institution, and to include in the notification a description of   1,556        

the nature of the employment or income source, the name, business  1,557        

address, and telephone number of the employer or income source or  1,559        

the name, address, and telephone number of the financial           1,560        

institution, and any other information reasonably required by the  1,561        

court.                                                             1,562        

      (3)(a)  Upon receipt of a notice from a child support        1,564        

enforcement agency under division (G)(6) of this section that a    1,565        

lump-sum payment is to be paid to the obligor, the court shall do  1,567        

either of the following:                                                        

      (i)  If the obligor is in default under the support order    1,569        

or has any unpaid arrearages under the support order, issue an     1,570        

order requiring the transmittal of the lump-sum payment to the     1,571        

division of child support.                                         1,572        

      (ii)  If the obligor is not in default under the support     1,574        

order and does not have any unpaid arrearages under the support    1,575        

order, issue an order directing the person who gave the notice to  1,576        

the court to immediately pay the full amount of the lump-sum       1,577        

payment to the obligor.                                            1,578        

      (b)  Upon receipt of any moneys pursuant to division         1,580        

(H)(3)(a) of this section, the division of child support shall     1,582        

pay the amount of the lump-sum payment that is necessary to                     

discharge all of the obligor's arrearages to the obligee and,      1,583        

within two business days after its receipt of the money, any       1,584        

amount that is remaining after the payment of the arrearages to    1,585        

the obligor.                                                       1,586        

      (c)  Any court that issued an order prior to December 1,     1,588        

1986, requiring an employer to withhold an amount from an          1,589        

obligor's personal earnings for the payment of support shall       1,590        

issue a supplemental order that does not change the original       1,591        

order or the related support order requiring the employer to do    1,592        

all of the following:                                              1,593        

      (i)  No later than the earlier of forty-five days before a   1,595        

                                                          39     


                                                                 
lump-sum payment is to be made or, if the obligor's right to a     1,596        

lump-sum payment is determined less than forty-five days before    1,597        

it is to be made, the date on which that determination is made,    1,598        

notify the child support enforcement agency of any lump-sum        1,599        

payment of any kind of one hundred fifty dollars or more that is   1,601        

to be paid to the obligor;                                         1,602        

      (ii)  Hold the lump-sum payment for thirty days after the    1,604        

date on which it would otherwise be paid to the obligor, if the    1,605        

lump-sum payment is sick pay, a lump-sum payment of retirement     1,606        

benefits or contributions, or profit-sharing payments or           1,607        

distributions;                                                     1,608        

      (iii)  Upon order of the court, pay any specified amount of  1,610        

the lump-sum payment to the division of child support.             1,611        

      (d)  If an employer knowingly fails to notify the child      1,613        

support enforcement agency in accordance with division (D) of      1,614        

this section of any lump-sum payment to be made to an obligor,     1,615        

the employer is liable for any support payment not made to the     1,616        

obligee as a result of its knowing failure to give the notice as   1,617        

required by that division.                                         1,618        

      (I)(1)  Any support order, or modification of a support      1,620        

order, that is subject to this section shall contain the date of   1,621        

birth and social security number of the obligor.                   1,622        

      (2)  No withholding or deduction notice described in         1,624        

division (D) OF THIS SECTION or court order described in division  1,625        

(D)(3) or (4) of this section shall contain any information other  1,627        

than the information specifically required by division (A), (B),   1,628        

(C), or (D) of this section or by any other section of the         1,629        

Revised Code and any additional information that the issuing       1,630        

court determines may be necessary to comply with the notice.       1,631        

      (J)  No withholding or deduction notice described in         1,633        

division (D) OF THIS SECTION or court order described in division  1,634        

(D)(3) or (4) of this section and issued under division (A), (B),  1,636        

or (C) of this section or any other section of the Revised Code    1,637        

shall be terminated solely because the obligor pays any part or    1,638        

                                                          40     


                                                                 
all of the arrearages under the support order.                     1,639        

      (K)(1)  Except as provided in division (K)(2) of this        1,641        

section and section 2301.42 of the Revised Code and the rules      1,642        

adopted pursuant to division (C) of that section, if child         1,643        

support arrearages are owed by an obligor to the obligee and to    1,644        

the department of job and family services, any payments received   1,646        

on the arrearages by the division of child support first shall be  1,648        

paid to the obligee until the arrearages owed to the obligee are                

paid in full.                                                      1,649        

      (2)  Division (K)(1) of this section does not apply to the   1,651        

collection of past-due child support from refunds of paid federal  1,652        

taxes pursuant to section 5101.32 of the Revised Code or of        1,653        

overdue child support from refunds of paid state income taxes      1,654        

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    1,655        

      (L)(1)  Each court with jurisdiction to issue support        1,657        

orders or orders establishing the existence or nonexistence of a   1,658        

parent and child relationship shall establish rules of court to    1,659        

ensure that the following percentage of all actions to establish   1,660        

the existence or nonexistence of a parent and child relationship,  1,661        

to establish a support requirement, or to modify a previously      1,662        

issued support order be completed within the following time        1,663        

limits:                                                                         

      (a)  Seventy-five per cent of all of the actions shall be    1,665        

completed within six months after they were initially filed;       1,667        

      (b)  Ninety per cent of all of the actions shall be          1,669        

completed within twelve months after they were initially filed.    1,671        

      (2)  If a case involves complex legal issues requiring full  1,673        

judicial review, the court shall issue a temporary support order   1,674        

within the time limits set forth in division (L)(1) of this        1,675        

section, which temporary order shall be in effect until a final    1,676        

support order is issued in the case.  All cases in which the       1,677        

imposition of a notice or order under division (D) of this         1,678        

section is contested shall be completed within the period of time  1,679        

specified by law for completion of the case.  The failure of a     1,680        

                                                          41     


                                                                 
court to complete a case within the required period does not       1,681        

affect the ability of any court to issue any order under this      1,682        

section or any other section of the Revised Code for the payment   1,683        

of support, does not provide any defense to any order for the      1,684        

payment of support that is issued under this section or any other  1,685        

section of the Revised Code, and does not affect any obligation    1,686        

to pay support.                                                    1,687        

      (3)(a)  In any Title IV-D case, the judge, when necessary    1,689        

to satisfy the federal requirement of expedited process for        1,690        

obtaining and enforcing support orders, shall appoint magistrates  1,692        

to make findings of fact and recommendations for the judge's       1,693        

approval in the case.  All magistrates appointed pursuant to this  1,695        

division shall be attorneys admitted to the practice of law in     1,696        

this state.  If the court appoints a magistrate pursuant to this   1,697        

division, the court may appoint any additional administrative and  1,698        

support personnel for the magistrate.                              1,699        

      (b)  Any magistrate appointed pursuant to division           1,701        

(L)(3)(a) of this section may perform any of the following         1,703        

functions:                                                                      

      (i)  The taking of testimony and keeping of a record in the  1,705        

case;                                                              1,706        

      (ii)  The evaluation of evidence and the issuance of         1,708        

recommendations to establish, modify, and enforce support orders;  1,709        

      (iii)  The acceptance of voluntary acknowledgments of        1,711        

support liability and stipulated agreements setting the amount of  1,712        

support to be paid;                                                1,713        

      (iv)  The entering of default orders if the obligor does     1,715        

not respond to notices in the case within a reasonable time after  1,716        

the notices are issued;                                            1,717        

      (v)  Any other functions considered necessary by the court.  1,719        

      (4)  The child support enforcement agency may conduct        1,721        

administrative reviews of support orders to obtain voluntary       1,722        

notices or court orders under division (D) of this section and to  1,723        

correct any errors in the amount of any arrearages owed by an      1,724        

                                                          42     


                                                                 
obligor.  The obligor and the obligee shall be notified of the     1,725        

time, date, and location of the administrative review at least     1,726        

fourteen days before it is held.                                   1,727        

      (M)(1)  The termination of a support obligation or a         1,729        

support order does not abate the power of any court to collect     1,730        

overdue and unpaid support or to punish any person for a failure   1,732        

to comply with an order of the court or to pay any support as      1,733        

ordered in the terminated support order and does not abate the     1,734        

authority of a child support enforcement agency to issue, in       1,735        

accordance with this section, any notice described in division     1,736        

(D) of this section or of a court to issue, in accordance with     1,737        

this section, any court order as described in division (D)(3) or   1,738        

(4) of this section to collect any support due or arrearage under  1,739        

the support order.                                                 1,741        

      (2)  Any court that has the authority to issue a support     1,743        

order shall have all powers necessary to enforce that support      1,744        

order, and all other powers, set forth in this section.            1,745        

      (3)  Except as provided in division (M)(4) of this section,  1,747        

a court may not retroactively modify an obligor's duty to pay a    1,748        

delinquent support payment.                                        1,749        

      (4)  A court with jurisdiction over a support order may      1,751        

modify an obligor's duty to pay a support payment that becomes     1,752        

due after notice of a petition to modify the support order has     1,753        

been given to each obligee and to the obligor before a final       1,754        

order concerning the petition for modification is entered.         1,755        

      (N)  If an obligor is in default under a support order and   1,757        

has a claim against another person of more than one thousand       1,758        

dollars, the obligor shall notify the child support enforcement    1,759        

agency of the claim, the nature of the claim, and the name of the  1,760        

person against whom the claim exists.  If an obligor is in         1,761        

default under a support order and has a claim against another      1,762        

person or is a party in an action for any judgment, the child      1,763        

support enforcement agency or the agency's attorney, on behalf of  1,764        

the obligor, immediately shall file with the court in which the    1,765        

                                                          43     


                                                                 
action is pending a motion to intervene in the action or a         1,766        

creditor's bill.  The motion to intervene shall be prepared and    1,767        

filed pursuant to Civil Rules 5 and 24(A) and (C).                 1,768        

      Nothing in this division shall preclude an obligee from      1,770        

filing a motion to intervene in any action or a creditor's bill.   1,771        

      (O)  If an obligor is receiving unemployment compensation    1,773        

benefits, an amount may be deducted from those benefits for        1,774        

purposes of child support, in accordance with section SECTIONS     1,775        

2301.371 and division (D)(4) of section 4141.28 4141.282 of the    1,777        

Revised Code.  Any deduction from a source in accordance with      1,779        

those provisions is in addition to, and does not preclude, any     1,780        

withholding or deduction for purposes of support under divisions   1,781        

(A) to (N) of this section.                                        1,782        

      (P)  As used in this section, and in sections 3113.211 to    1,784        

3113.219 of the Revised Code:                                      1,785        

      (1)  "Financial institution" means a bank, savings and loan  1,787        

association, or credit union, or a regulated investment company    1,788        

or mutual fund in which a person who is required to pay child      1,789        

support has funds on deposit that are not exempt under the law of  1,790        

this state or the United States from execution, attachment, or     1,791        

other legal process.                                               1,792        

      (2)  "Title IV-D case" means any case in which the child     1,794        

support enforcement agency is enforcing the child support order    1,795        

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      1,796        

2351 (1975), 42 U.S.C. 651, as amended.                            1,797        

      (3)  "Obligor" means the person who is required to pay       1,799        

support under a support order.                                     1,800        

      (4)  "Obligee" means the person who is entitled to receive   1,802        

the support payments under a support order.                        1,803        

      (5)  "Support order" means an order for the payment of       1,805        

support and, for orders issued or modified on or after December    1,806        

31, 1993, includes any notices described in division (D) or (H)    1,807        

of this section that are issued in accordance with this section.   1,808        

      (6)  "Support" means child support, spousal support, and     1,810        

                                                          44     


                                                                 
support for a spouse or former spouse.                             1,811        

      (7)  "Personal earnings" means compensation paid or payable  1,813        

for personal services, however denominated, and includes, but is   1,814        

not limited to, wages, salary, commissions, bonuses, draws         1,815        

against commissions, profit sharing, and vacation pay.             1,816        

      (8)  "Default" has the same meaning as in section 2301.34    1,818        

of the Revised Code.                                               1,819        

      (9)  "Payor" means any person or entity that pays or         1,822        

distributes income to an obligor, including the obligor, if the    1,823        

obligor is self-employed; an employer; an employer that is paying  1,824        

the obligor's workers' compensation benefits; the public           1,825        

employees retirement board; the board of trustees, or other        1,826        

governing entity of a municipal retirement system; the board of    1,827        

trustees of the Ohio police and fire pension fund; the state       1,828        

teachers retirement board; the school employees retirement board;  1,830        

the state highway patrol retirement board; the bureau of workers'  1,831        

compensation; or any other person or entity, except the            1,833        

department of job and family services with respect to              1,834        

unemployment compensation benefits paid pursuant to Chapter 4141.  1,835        

of the Revised Code.                                                            

      (Q)  As used in this section, "income" means any form of     1,838        

monetary payment, including personal earnings; workers'            1,839        

compensation payments; unemployment compensation benefits to the   1,841        

extent permitted by, and in accordance with, section SECTIONS      1,842        

2301.371 of the Revised Code, division (D)(4) of section 4141.28   1,843        

AND 4141.282 of the Revised Code, and federal law governing the    1,845        

department of job and family services; pensions; annuities;        1,846        

allowances; private or governmental retirement benefits;           1,848        

disability or sick pay; insurance proceeds; lottery prize awards;  1,849        

federal, state, or local government benefits to the extent that    1,850        

the benefits can be withheld or deducted under the law governing   1,851        

the benefits; any form of trust fund or endowment; lump-sum        1,852        

payments; and any other payment in money.                          1,853        

      Sec. 4141.01.  As used in this chapter, unless the context   1,862        

                                                          45     


                                                                 
otherwise requires:                                                1,863        

      (A)(1)  "Employer" means the state, its instrumentalities,   1,865        

its political subdivisions and their instrumentalities, and any    1,866        

individual or type of organization including any partnership,      1,867        

limited liability company, association, trust, estate,             1,868        

joint-stock company, insurance company, or corporation, whether    1,870        

domestic or foreign, or the receiver, trustee in bankruptcy,       1,871        

trustee, or the successor thereof, or the legal representative of  1,872        

a deceased person who subsequent to December 31, 1971, or in the   1,873        

case of political subdivisions or their instrumentalities,         1,874        

subsequent to December 31, 1973:                                   1,875        

      (a)  Had in employment at least one individual, or in the    1,877        

case of a nonprofit organization, subsequent to December 31,       1,878        

1973, had not less than four individuals in employment for some    1,879        

portion of a day in each of twenty different calendar weeks, in    1,880        

either the current or the preceding calendar year whether or not   1,881        

the same individual was in employment in each such day; or         1,882        

      (b)  Except for a nonprofit organization, had paid for       1,884        

service in employment wages of fifteen hundred dollars or more in  1,885        

any calendar quarter in either the current or preceding calendar   1,886        

year; or                                                           1,887        

      (c)  Had paid, subsequent to December 31, 1977, for          1,889        

employment in domestic service in a local college club, or local   1,890        

chapter of a college fraternity or sorority, cash remuneration of  1,891        

one thousand dollars or more in any calendar quarter in the        1,892        

current calendar year or the preceding calendar year, or had paid  1,893        

subsequent to December 31, 1977, for employment in domestic        1,894        

service in a private home cash remuneration of one thousand        1,895        

dollars in any calendar quarter in the current calendar year or    1,897        

the preceding calendar year:                                                    

      (i)  For the purposes of divisions (A)(1)(a) and (b) of      1,899        

this section, there shall not be taken into account any wages      1,900        

paid to, or employment of, an individual performing domestic       1,901        

service as described in this division.                             1,902        

                                                          46     


                                                                 
      (ii)  An employer under this division shall not be an        1,904        

employer with respect to wages paid for any services other than    1,905        

domestic service unless the employer is also found to be an        1,906        

employer under division (A)(1)(a), (b), or (d) of this section.    1,907        

      (d)  As a farm operator or a crew leader subsequent to       1,909        

December 31, 1977, had in employment individuals in agricultural   1,910        

labor; and                                                         1,911        

      (i)  During any calendar quarter in the current calendar     1,913        

year or the preceding calendar year, paid cash remuneration of     1,914        

twenty thousand dollars or more for the agricultural labor; or     1,915        

      (ii)  Had at least ten individuals in employment in          1,917        

agricultural labor, not including agricultural workers who are     1,918        

aliens admitted to the United States to perform agricultural       1,919        

labor pursuant to sections 214(e) and 101(a)(15)(H) of the         1,921        

"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A.        1,922        

1101(a)(15)(H)(ii)(a), for some portion of a day in each of the    1,924        

twenty different calendar weeks, in either the current or          1,925        

preceding calendar year whether or not the same individual was in  1,926        

employment in each day; or                                                      

      (e)  Is not otherwise an employer as defined under division  1,928        

(A)(1)(a) or (b) of this section; and                              1,929        

      (i)  For which, within either the current or preceding       1,931        

calendar year, service, except for domestic service in a private   1,932        

home not covered under division (A)(1)(c) of this section, is or   1,933        

was performed with respect to which such employer is liable for    1,934        

any federal tax against which credit may be taken for              1,935        

contributions required to be paid into a state unemployment fund;  1,936        

      (ii)  Which, as a condition for approval of this chapter     1,938        

for full tax credit against the tax imposed by the "Federal        1,939        

Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is  1,941        

required, pursuant to such act to be an employer under this        1,942        

chapter; or                                                        1,943        

      (iii)  Who became an employer by election under division     1,945        

(A)(4) or (5) of this section and for the duration of such         1,946        

                                                          47     


                                                                 
election; or                                                       1,947        

      (f)  In the case of the state, its instrumentalities, its    1,949        

political subdivisions, and their instrumentalities, had in        1,950        

employment, as defined in division (B)(2)(a) of this section, at   1,951        

least one individual;                                              1,952        

      (g)  For the purposes of division (A)(1)(a) of this          1,954        

section, if any week includes both the thirty-first day of         1,955        

December and the first day of January, the days of that week       1,956        

before the first day of January shall be considered one calendar   1,957        

week and the days beginning the first day of January another       1,958        

week.                                                              1,959        

      (2)  Each individual employed to perform or to assist in     1,961        

performing the work of any agent or employee of an employer is     1,962        

employed by such employer for all the purposes of this chapter,    1,963        

whether such individual was hired or paid directly by such         1,964        

employer or by such agent or employee, provided the employer had   1,965        

actual or constructive knowledge of the work.  All individuals     1,966        

performing services for an employer of any person in this state    1,967        

who maintains two or more establishments within this state are     1,968        

employed by a single employer for the purposes of this chapter.    1,969        

      (3)  An employer subject to this chapter within any          1,971        

calendar year is subject to this chapter during the whole of such  1,972        

year and during the next succeeding calendar year.                 1,973        

      (4)  An employer not otherwise subject to this chapter who   1,975        

files with the director of job and family services a written       1,977        

election to become an employer subject to this chapter for not     1,978        

less than two calendar years shall, with the written approval of   1,979        

such election by the director, become an employer subject to this  1,981        

chapter to the same extent as all other employers as of the date   1,982        

stated in such approval, and shall cease to be subject to this     1,983        

chapter as of the first day of January of any calendar year        1,984        

subsequent to such two calendar years only if at least thirty      1,985        

days prior to such first day of January the employer has filed     1,986        

with the director a written notice to that effect.                 1,987        

                                                          48     


                                                                 
      (5)  Any employer for whom services that do not constitute   1,989        

employment are performed may file with the director a written      1,992        

election that all such services performed by individuals in the    1,993        

employer's employ in one or more distinct establishments or                     

places of business shall be deemed to constitute employment for    1,994        

all the purposes of this chapter, for not less than two calendar   1,995        

years.  Upon written approval of the election by the director,     1,996        

such services shall be deemed to constitute employment subject to  1,997        

this chapter from and after the date stated in such approval.      1,998        

Such services shall cease to be employment subject to this         1,999        

chapter as of the first day of January of any calendar year        2,000        

subsequent to such two calendar years only if at least thirty      2,001        

days prior to such first day of January such employer has filed    2,002        

with the director a written notice to that effect.                 2,003        

      (B)(1)  "Employment" means service performed by an           2,006        

individual for remuneration under any contract of hire, written    2,008        

or oral, express or implied, including service performed in        2,009        

interstate commerce and service performed by an officer of a       2,010        

corporation, without regard to whether such service is executive,  2,011        

managerial, or manual in nature, and without regard to whether     2,012        

such officer is a stockholder or a member of the board of          2,013        

directors of the corporation, unless it is shown to the            2,014        

satisfaction of the director that such individual has been and     2,016        

will continue to be free from direction or control over the        2,017        

performance of such service, both under a contract of service and  2,019        

in fact.  The director shall adopt rules to define "direction or   2,021        

control."                                                                       

      (2)  "Employment" includes:                                  2,023        

      (a)  Service performed after December 31, 1977, by an        2,025        

individual in the employ of the state or any of its                2,026        

instrumentalities, or any political subdivision thereof or any of  2,027        

its instrumentalities or any instrumentality of more than one of   2,028        

the foregoing or any instrumentality of any of the foregoing and   2,029        

one or more other states or political subdivisions and without     2,030        

                                                          49     


                                                                 
regard to divisions (A)(1)(a) and (b) of this section, provided    2,031        

that such service is excluded from employment as defined in the    2,032        

"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,    2,033        

3306(c)(7) and is not excluded under division (B)(3) of this       2,034        

section; or the services of employees covered by voluntary         2,035        

election, as provided under divisions (A)(4) and (5) of this       2,036        

section;                                                           2,037        

      (b)  Service performed after December 31, 1971, by an        2,039        

individual in the employ of a religious, charitable, educational,  2,040        

or other organization which is excluded from the term              2,041        

"employment" as defined in the "Federal Unemployment Tax Act," 84  2,042        

Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section   2,044        

26 U.S.C.A. 3306(c)(8) of that act and is not excluded under       2,045        

division (B)(3) of this section;                                   2,046        

      (c)  Domestic service performed after December 31, 1977,     2,048        

for an employer, as provided in division (A)(1)(c) of this         2,049        

section;                                                           2,050        

      (d)  Agricultural labor performed after December 31, 1977,   2,052        

for a farm operator or a crew leader, as provided in division      2,053        

(A)(1)(d) of this section;                                         2,054        

      (e)  Service not covered under division (B)(1) of this       2,056        

section which is performed after December 31, 1971:                2,057        

      (i)  As an agent-driver or commission-driver engaged in      2,059        

distributing meat products, vegetable products, fruit products,    2,060        

bakery products, beverages other than milk, laundry, or            2,061        

dry-cleaning services, for the individual's employer or            2,062        

principal;                                                         2,063        

      (ii)  As a traveling or city salesperson, other than as an   2,065        

agent-driver or commission-driver, engaged on a full-time basis    2,066        

in the solicitation on behalf of and in the transmission to the    2,068        

salesperson's employer or principal except for sideline sales      2,069        

activities on behalf of some other person of orders from           2,070        

wholesalers, retailers, contractors, or operators of hotels,       2,071        

restaurants, or other similar establishments for merchandise for   2,072        

                                                          50     


                                                                 
resale, or supplies for use in their business operations,          2,073        

provided that for the purposes of this division (B)(2)(e)(ii) of   2,074        

this section, the services shall be deemed employment if the       2,075        

contract of service contemplates that substantially all of the     2,076        

services are to be performed personally by the individual and      2,077        

that the individual does not have a substantial investment in      2,078        

facilities used in connection with the performance of the          2,079        

services other than in facilities for transportation, and the      2,080        

services are not in the nature of a single transaction that is     2,081        

not a part of a continuing relationship with the person for whom   2,082        

the services are performed.                                        2,083        

      (f)  An individual's entire service performed within or      2,085        

both within and without the state if:                              2,086        

      (i)  The service is localized in this state.                 2,088        

      (ii)  The service is not localized in any state, but some    2,090        

of the service is performed in this state and either the base of   2,091        

operations, or if there is no base of operations then the place    2,092        

from which such service is directed or controlled, is in this      2,093        

state or the base of operations or place from which such service   2,094        

is directed or controlled is not in any state in which some part   2,095        

of the service is performed but the individual's residence is in   2,096        

this state.                                                        2,097        

      (g)  Service not covered under division (B)(2)(f)(ii) of     2,099        

this section and performed entirely without this state, with       2,100        

respect to no part of which contributions are required and paid    2,101        

under an unemployment compensation law of any other state, the     2,102        

Virgin Islands, Canada, or of the United States, if the            2,103        

individual performing such service is a resident of this state     2,104        

and the director approves the election of the employer for whom    2,107        

such services are performed; or, if the individual is not a        2,108        

resident of this state but the place from which the service is     2,110        

directed or controlled is in this state, the entire services of    2,111        

such individual shall be deemed to be employment subject to this   2,112        

chapter, provided service is deemed to be localized within this    2,113        

                                                          51     


                                                                 
state if the service is performed entirely within this state or    2,114        

if the service is performed both within and without this state     2,115        

but the service performed without this state is incidental to the  2,116        

individual's service within the state, for example, is temporary   2,117        

or transitory in nature or consists of isolated transactions;      2,118        

      (h)  Service of an individual who is a citizen of the        2,120        

United States, performed outside the United States except in       2,121        

Canada after December 31, 1971, or the Virgin Islands, after       2,122        

December 31, 1971, and before the first day of January of the      2,123        

year following that in which the United States secretary of labor  2,124        

approves the Virgin Islands law for the first time, in the employ  2,125        

of an American employer, other than service which is "employment"  2,126        

under divisions (B)(2)(f) and (g) of this section or similar       2,127        

provisions of another state's law, if:                             2,128        

      (i)  The employer's principal place of business in the       2,130        

United States is located in this state;                            2,131        

      (ii)  The employer has no place of business in the United    2,133        

States, but the employer is an individual who is a resident of     2,134        

this state; or the employer is a corporation which is organized    2,135        

under the laws of this state, or the employer is a partnership or  2,136        

a trust and the number of partners or trustees who are residents   2,137        

of this state is greater than the number who are residents of any  2,138        

other state; or                                                    2,139        

      (iii)  None of the criteria of divisions (B)(2)(f)(i) and    2,141        

(ii) of this section is met but the employer has elected coverage  2,142        

in this state or the employer having failed to elect coverage in   2,143        

any state, the individual has filed a claim for benefits, based    2,144        

on such service, under this chapter.                               2,145        

      (i)  For the purposes of division (B)(2)(h) of this          2,147        

section, the term "American employer" means an employer who is an  2,148        

individual who is a resident of the United States; or a            2,149        

partnership, if two-thirds or more of the partners are residents   2,150        

of the United States; or a trust, if all of the trustees are       2,151        

residents of the United States; or a corporation organized under   2,152        

                                                          52     


                                                                 
the laws of the United States or of any state, provided the term   2,153        

"United States" includes the states, the District of Columbia,     2,154        

the Commonwealth of Puerto Rico, and the Virgin Islands.           2,155        

      (j)  Notwithstanding any other provisions of divisions       2,157        

(B)(1) and (2) of this section, service, except for domestic       2,158        

service in a private home not covered under division (A)(1)(c) of  2,159        

this section, with respect to which a tax is required to be paid   2,160        

under any federal law imposing a tax against which credit may be   2,161        

taken for contributions required to be paid into a state           2,162        

unemployment fund, or service, except for domestic service in a    2,163        

private home not covered under division (A)(1)(c) of this          2,164        

section, which, as a condition for full tax credit against the     2,165        

tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713,   2,166        

26 U.S.C.A. 3301 to 3311, is required to be covered under this     2,167        

chapter.                                                           2,168        

      (k)  Construction services performed by any individual       2,170        

under a construction contract, as defined in section 4141.39 of    2,171        

the Revised Code, if the director determines that the employer     2,172        

for whom services are performed has the right to direct or         2,175        

control the performance of the services and that the individuals   2,176        

who perform the services receive remuneration for the services                  

performed.  The director shall presume that the employer for whom  2,178        

services are performed has the right to direct or control the      2,179        

performance of the services if ten or more of the following        2,180        

criteria apply:                                                                 

      (i)  The employer directs or controls the manner or method   2,183        

by which instructions are given to the individual performing                    

services;                                                          2,184        

      (ii)  The employer requires particular training for the      2,187        

individual performing services;                                                 

      (iii)  Services performed by the individual are integrated   2,190        

into the regular functioning of the employer;                                   

      (iv)  The employer requires that services be provided by a   2,193        

particular individual;                                                          

                                                          53     


                                                                 
      (v)  The employer hires, supervises, or pays the wages of    2,196        

the individual performing services;                                             

      (vi)  A continuing relationship between the employer and     2,199        

the individual performing services exists which contemplates                    

continuing or recurring work, even if not full-time work;          2,200        

      (vii)  The employer requires the individual to perform       2,203        

services during established hours;                                              

      (viii)  The employer requires that the individual            2,205        

performing services be devoted on a full-time basis to the         2,206        

business of the employer;                                          2,207        

      (ix)  The employer requires the individual to perform        2,209        

services on the employer's premises;                               2,210        

      (x)  The employer requires the individual performing         2,212        

services to follow the order of work established by the employer;  2,213        

      (xi)  The employer requires the individual performing        2,215        

services to make oral or written reports of progress;              2,216        

      (xii)  The employer makes payment to the individual for      2,219        

services on a regular basis, such as hourly, weekly, or monthly;                

      (xiii)  The employer pays expenses for the individual        2,221        

performing services;                                               2,222        

      (xiv)  The employer furnishes the tools and materials for    2,225        

use by the individual to perform services;                                      

      (xv)  The individual performing services has not invested    2,228        

in the facilities used to perform services;                                     

      (xvi)  The individual performing services does not realize   2,231        

a profit or suffer a loss as a result of the performance of the                 

services;                                                          2,232        

      (xvii)  The individual performing services is not            2,234        

performing services for more than two employers simultaneously;    2,235        

      (xviii)  The individual performing services does not make    2,238        

the services available to the general public;                                   

      (xix)  The employer has a right to discharge the individual  2,241        

performing services;                                                            

      (xx)  The individual performing services has the right to    2,244        

                                                          54     


                                                                 
end the individual's relationship with the employer without                     

incurring liability pursuant to an employment contract or          2,245        

agreement.                                                                      

      (3)  "Employment" does not include the following services    2,247        

if they are found not subject to the "Federal Unemployment Tax     2,248        

Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the    2,250        

services are not required to be included under division (B)(2)(j)  2,251        

of this section:                                                   2,252        

      (a)  Service performed after December 31, 1977, in           2,254        

agricultural labor, except as provided in division (A)(1)(d) of    2,255        

this section;                                                      2,256        

      (b)  Domestic service performed after December 31, 1977, in  2,258        

a private home, local college club, or local chapter of a college  2,259        

fraternity or sorority except as provided in division (A)(1)(c)    2,260        

of this section;                                                   2,261        

      (c)  Service performed after December 31, 1977, for this     2,263        

state or a political subdivision as described in division          2,264        

(B)(2)(a) of this section when performed:                          2,265        

      (i)  As a publicly elected official;                         2,267        

      (ii)  As a member of a legislative body, or a member of the  2,269        

judiciary;                                                         2,270        

      (iii)  As a military member of the Ohio national guard;      2,272        

      (iv)  As an employee, not in the classified service as       2,274        

defined in section 124.11 of the Revised Code, serving on a        2,275        

temporary basis in case of fire, storm, snow, earthquake, flood,   2,276        

or similar emergency;                                              2,277        

      (v)  In a position which, under or pursuant to law, is       2,279        

designated as a major nontenured policymaking or advisory          2,280        

position, not in the classified service of the state, or a         2,281        

policymaking or advisory position the performance of the duties    2,282        

of which ordinarily does not require more than eight hours per     2,283        

week.                                                              2,284        

      (d)  In the employ of any governmental unit or               2,286        

instrumentality of the United States;                              2,287        

                                                          55     


                                                                 
      (e)  Service performed after December 31, 1971:              2,289        

      (i)  Service in the employ of an educational institution or  2,291        

institution of higher education, including those operated by the   2,292        

state or a political subdivision, if such service is performed by  2,293        

a student who is enrolled and is regularly attending classes at    2,294        

the educational institution or institution of higher education;    2,295        

or                                                                 2,296        

      (ii)  By an individual who is enrolled at a nonprofit or     2,298        

public educational institution which normally maintains a regular  2,299        

faculty and curriculum and normally has a regularly organized      2,300        

body of students in attendance at the place where its educational  2,301        

activities are carried on as a student in a full-time program,     2,302        

taken for credit at the institution, which combines academic       2,303        

instruction with work experience, if the service is an integral    2,304        

part of the program, and the institution has so certified to the   2,305        

employer, provided that this subdivision shall not apply to        2,306        

service performed in a program established for or on behalf of an  2,307        

employer or group of employers;                                    2,308        

      (f)  Service performed by an individual in the employ of     2,310        

the individual's son, daughter, or spouse and service performed    2,311        

by a child under the age of eighteen in the employ of the child's  2,312        

father or mother;                                                               

      (g)  Service performed for one or more principals by an      2,314        

individual who is compensated on a commission basis, who in the    2,315        

performance of the work is master of the individual's own time     2,317        

and efforts, and whose remuneration is wholly dependent on the     2,318        

amount of effort the individual chooses to expend, and which       2,319        

service is not subject to the "Federal Unemployment Tax Act," 53   2,320        

Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.  Service performed     2,321        

after December 31, 1971:                                           2,322        

      (i)  By an individual for an employer as an insurance agent  2,324        

or as an insurance solicitor, if all this service is performed     2,325        

for remuneration solely by way of commission;                      2,326        

      (ii)  As a home worker performing work, according to         2,328        

                                                          56     


                                                                 
specifications furnished by the employer for whom the services     2,329        

are performed, on materials or goods furnished by such employer    2,330        

which are required to be returned to the employer or to a person   2,331        

designated for that purpose.                                       2,332        

      (h)  Service performed after December 31, 1971:              2,334        

      (i)  In the employ of a church or convention or association  2,336        

of churches, or in an organization which is operated primarily     2,337        

for religious purposes and which is operated, supervised,          2,338        

controlled, or principally supported by a church or convention or  2,339        

association of churches;                                           2,340        

      (ii)  By a duly ordained, commissioned, or licensed          2,342        

minister of a church in the exercise of the individual's ministry  2,344        

or by a member of a religious order in the exercise of duties      2,345        

required by such order; or                                         2,346        

      (iii)  In a facility conducted for the purpose of carrying   2,348        

out a program of rehabilitation for individuals whose earning      2,349        

capacity is impaired by age or physical or mental deficiency or    2,350        

injury, or providing remunerative work for individuals who         2,351        

because of their impaired physical or mental capacity cannot be    2,352        

readily absorbed in the competitive labor market, by an            2,353        

individual receiving such rehabilitation or remunerative work;     2,354        

      (i)  Service performed after June 30, 1939, with respect to  2,356        

which unemployment compensation is payable under the "Railroad     2,357        

Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;  2,358        

      (j)  Service performed by an individual in the employ of     2,360        

any organization exempt from income tax under section 501 of the   2,361        

"Internal Revenue Code of 1954," if the remuneration for such      2,362        

service does not exceed fifty dollars in any calendar quarter, or  2,363        

if such service is in connection with the collection of dues or    2,364        

premiums for a fraternal beneficial society, order, or             2,365        

association and is performed away from the home office or is       2,366        

ritualistic service in connection with any such society, order,    2,367        

or association;                                                    2,368        

      (k)  Casual labor not in the course of an employer's trade   2,370        

                                                          57     


                                                                 
or business; incidental service performed by an officer,           2,371        

appraiser, or member of a finance committee of a bank, building    2,372        

and loan association, savings and loan association, or savings     2,373        

association when the remuneration for such incidental service      2,374        

exclusive of the amount paid or allotted for directors' fees does  2,375        

not exceed sixty dollars per calendar quarter is casual labor;     2,376        

      (l)  Service performed in the employ of a voluntary          2,378        

employees' beneficial association providing for the payment of     2,379        

life, sickness, accident, or other benefits to the members of      2,380        

such association or their dependents or their designated           2,381        

beneficiaries, if admission to a membership in such association    2,382        

is limited to individuals who are officers or employees of a       2,383        

municipal or public corporation, of a political subdivision of     2,384        

the state, or of the United States and no part of the net          2,385        

earnings of such association inures, other than through such       2,386        

payments, to the benefit of any private shareholder or             2,387        

individual;                                                        2,388        

      (m)  Service performed by an individual in the employ of a   2,390        

foreign government, including service as a consular or other       2,391        

officer or employee or of a nondiplomatic representative;          2,392        

      (n)  Service performed in the employ of an instrumentality   2,394        

wholly owned by a foreign government if the service is of a        2,395        

character similar to that performed in foreign countries by        2,396        

employees of the United States or of an instrumentality thereof    2,397        

and if the director finds that the secretary of state of the       2,399        

United States has certified to the secretary of the treasury of    2,400        

the United States that the foreign government, with respect to     2,401        

whose instrumentality exemption is claimed, grants an equivalent   2,402        

exemption with respect to similar service performed in the         2,403        

foreign country by employees of the United States and of           2,404        

instrumentalities thereof;                                         2,405        

      (o)  Service with respect to which unemployment              2,407        

compensation is payable under an unemployment compensation system  2,408        

established by an act of congress;                                 2,409        

                                                          58     


                                                                 
      (p)  Service performed as a student nurse in the employ of   2,411        

a hospital or a nurses' training school by an individual who is    2,412        

enrolled and is regularly attending classes in a nurses' training  2,413        

school chartered or approved pursuant to state law, and service    2,414        

performed as an intern in the employ of a hospital by an           2,415        

individual who has completed a four years' course in a medical     2,416        

school chartered or approved pursuant to state law;                2,417        

      (q)  Service performed by an individual under the age of     2,419        

eighteen in the delivery or distribution of newspapers or          2,420        

shopping news, not including delivery or distribution to any       2,421        

point for subsequent delivery or distribution;                     2,422        

      (r)  Service performed in the employ of the United States    2,424        

or an instrumentality of the United States immune under the        2,425        

constitution of the United States from the contributions imposed   2,426        

by this chapter, except that to the extent that congress permits   2,427        

states to require any instrumentalities of the United States to    2,428        

make payments into an unemployment fund under a state              2,429        

unemployment compensation act, this chapter shall be applicable    2,430        

to such instrumentalities and to services performed for such       2,431        

instrumentalities in the same manner, to the same extent, and on   2,432        

the same terms as to all other employers, individuals, and         2,433        

services, provided that if this state is not certified for any     2,434        

year by the proper agency of the United States under section 3304  2,435        

of the "Internal Revenue Code of 1954," the payments required of   2,436        

such instrumentalities with respect to such year shall be          2,437        

refunded by the director from the fund in the same manner and      2,440        

within the same period as is provided in division (E) of section   2,441        

4141.09 of the Revised Code with respect to contributions                       

erroneously collected;                                             2,442        

      (s)  Service performed by an individual as a member of a     2,444        

band or orchestra, provided such service does not represent the    2,445        

principal occupation of such individual, and which service is not  2,446        

subject to or required to be covered for full tax credit against   2,447        

the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.    2,448        

                                                          59     


                                                                 
183 (1939), 26 U.S.C.A. 3301 to 3311.  Service performed after     2,449        

December 31, 1971, for a nonprofit organization, this state or     2,451        

its instrumentalities, or a political subdivision or its           2,452        

instrumentalities, as part of an unemployment work-relief or       2,453        

work-training program assisted or financed in whole or in part by  2,454        

any federal agency or an agency of a state or political            2,455        

subdivision thereof, by an individual receiving the work-relief    2,456        

or work-training.                                                  2,457        

      (t)  Service performed in the employ of a day camp whose     2,459        

camping season does not exceed twelve weeks in any calendar year,  2,460        

and which service is not subject to the "Federal Unemployment Tax  2,461        

Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.  Service      2,462        

performed after December 31, 1971:                                 2,464        

      (i)  In the employ of a hospital, if the service is          2,466        

performed by a patient of the hospital, as defined in division     2,467        

(W) of this section;                                               2,468        

      (ii)  For a prison or other correctional institution by an   2,470        

inmate of the prison or correctional institution;                  2,471        

      (iii)  Service performed after December 31, 1977, by an      2,473        

inmate of a custodial institution operated by the state, a         2,474        

political subdivision, or a nonprofit organization.                2,475        

      (u)  Service that is performed by a nonresident alien        2,478        

individual for the period the individual temporarily is present                 

in the United States as a nonimmigrant under division (F), (J),    2,480        

(M), or (Q) of section 101(a)(15) of the "Immigration and          2,481        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that  2,482        

is excluded under section 3306(c)(19) of the "Federal              2,483        

Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to    2,485        

3311.                                                                           

      (v)  Notwithstanding any other provisions of division        2,487        

(B)(3) of this section, services which THAT are excluded under     2,488        

divisions (B)(3)(g), (j), (k), and (l) of this section, shall not  2,489        

be excluded from employment when performed for a nonprofit         2,490        

organization, as defined in division (X) of this section, or for   2,491        

                                                          60     


                                                                 
this state or its instrumentalities, or for a political            2,492        

subdivision or its instrumentalities;                              2,493        

      (w)  SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS   2,495        

AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF           2,496        

REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR   2,498        

FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS    2,499        

THAN ONE THOUSAND DOLLARS;                                         2,500        

      (x)  SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY        2,502        

SCHOOL THAT IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS  2,503        

DESCRIBED IN SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME   2,504        

TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL REVENUE CODE, 26  2,507        

U.S.C.A. 501;                                                                   

      (y)  SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL      2,509        

INSTITUTION.                                                       2,510        

      (4)  If the services performed during one half or more of    2,512        

any pay period by an employee for the person employing that        2,513        

employee constitute employment, all the services of such employee  2,514        

for such period shall be deemed to be employment; but if the       2,516        

services performed during more than one half of any such pay       2,517        

period by an employee for the person employing that employee do    2,518        

not constitute employment, then none of the services of such       2,520        

employee for such period shall be deemed to be employment.  As     2,521        

used in division (B)(4) of this section, "pay period" means a      2,522        

period, of not more than thirty-one consecutive days, for which    2,523        

payment of remuneration is ordinarily made to the employee by the  2,524        

person employing that employee.  Division (B)(4) of this section   2,525        

does not apply to services performed in a pay period by an         2,526        

employee for the person employing that employee, if any of such    2,528        

service is excepted by division (B)(3)(o) of this section.         2,530        

      (C)  "Benefits" means money payments payable to an           2,532        

individual who has established benefit rights, as provided in      2,533        

this chapter, for loss of remuneration due to the individual's     2,534        

unemployment.                                                                   

      (D)  "Benefit rights" means the weekly benefit amount and    2,536        

                                                          61     


                                                                 
the maximum benefit amount that may become payable to an           2,537        

individual within the individual's benefit year as determined by   2,538        

the director.                                                      2,539        

      (E)  "Claim for benefits" means a claim for waiting period   2,541        

or benefits for a designated week.                                 2,542        

      (F)  "Additional claim" means the first claim for benefits   2,544        

filed following any separation from employment during a benefit    2,545        

year; "continued claim" means any claim other than the first       2,546        

claim for benefits and other than an additional claim.             2,547        

      (G)(1)  "Wages" means remuneration paid to an employee by    2,549        

each of the employee's employers with respect to employment;       2,550        

except that wages shall not include that part of remuneration      2,551        

paid during any calendar year to an individual by an employer or   2,552        

such employer's predecessor in interest in the same business or    2,553        

enterprise, which in any calendar year is in excess of eight       2,554        

thousand two hundred fifty dollars on and after January 1, 1992;   2,555        

eight thousand five hundred dollars on and after January 1, 1993;  2,556        

eight thousand seven hundred fifty dollars on and after January    2,557        

1, 1994; and nine thousand dollars on and after January 1, 1995.   2,558        

Remuneration in excess of such amounts shall be deemed wages       2,559        

subject to contribution to the same extent that such remuneration  2,560        

is defined as wages under the "Federal Unemployment Compensation   2,561        

Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as        2,562        

amended.  The remuneration paid an employee by an employer with    2,564        

respect to employment in another state, upon which contributions   2,565        

were required and paid by such employer under the unemployment     2,566        

compensation act of such other state, shall be included as a part  2,567        

of remuneration in computing the amount specified in this          2,568        

division.                                                          2,569        

      (2)  Notwithstanding division (G)(1) of this section, if,    2,571        

as of the computation date for any calendar year, the director     2,573        

determines that the level of the unemployment compensation fund    2,575        

is sixty per cent or more below the minimum safe level as defined  2,576        

in section 4141.25 of the Revised Code, then, effective the first  2,577        

                                                          62     


                                                                 
day of January of the following calendar year, wages subject to    2,578        

this chapter shall not include that part of remuneration paid      2,579        

during any calendar year to an individual by an employer or such   2,580        

employer's predecessor in interest in the same business or         2,581        

enterprise which is in excess of nine thousand dollars.  The       2,582        

increase in the dollar amount of wages subject to this chapter     2,583        

under this division shall remain in effect from the date of the    2,584        

director's determination pursuant to division (G)(2) of this       2,586        

section and thereafter notwithstanding the fact that the level in  2,587        

the fund may subsequently become less than sixty per cent below    2,588        

the minimum safe level.                                            2,589        

      (H)(1)  "Remuneration" means all compensation for personal   2,591        

services, including commissions and bonuses and the cash value of  2,592        

all compensation in any medium other than cash, except that in     2,593        

the case of agricultural or domestic service, "remuneration"       2,594        

includes only cash remuneration.  Gratuities customarily received  2,595        

by an individual in the course of the individual's employment      2,596        

from persons other than the individual's employer and which are    2,597        

accounted for by such individual to the individual's employer are  2,598        

taxable wages.                                                                  

      The reasonable cash value of compensation paid in any        2,600        

medium other than cash shall be estimated and determined in        2,601        

accordance with rules prescribed by the director, provided that    2,604        

"remuneration" does not include:                                                

      (a)  Payments as provided in divisions (b)(2) to (b)(16) of  2,606        

section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,  2,607        

26 U.S.C.A. 3301 to 3311, as amended;                              2,608        

      (b)  The payment by an employer, without deduction from the  2,610        

remuneration of the individual in the employer's employ, of the    2,611        

tax imposed upon an individual in the employer's employ under      2,612        

section 3101 of the "Internal Revenue Code of l954 1954," with     2,614        

respect to services performed after October 1, 1941.               2,615        

      (2)  "Cash remuneration" means all remuneration paid in      2,617        

cash, including commissions and bonuses, but not including the     2,618        

                                                          63     


                                                                 
cash value of all compensation in any medium other than cash.      2,619        

      (I)  "Interested party" means the director and any party to  2,622        

whom notice of a determination of an application for benefit       2,623        

rights or a claim for benefits is required to be given under       2,624        

section 4141.28 of the Revised Code.                                            

      (J)  "Annual payroll" means the total amount of wages        2,626        

subject to contributions during a twelve-month period ending with  2,627        

the last day of the second calendar quarter of any calendar year.  2,628        

      (K)  "Average annual payroll" means the average of the last  2,630        

three annual payrolls of an employer, provided that if, as of any  2,631        

computation date, the employer has had less than three annual      2,632        

payrolls in such three-year period, such average shall be based    2,633        

on the annual payrolls which the employer has had as of such       2,634        

date.                                                                           

      (L)(1)  "Contributions" means the money payments to the      2,636        

state unemployment compensation fund required of employers by      2,637        

section 4141.25 of the Revised Code and of the state and any of    2,638        

its political subdivisions electing to pay contributions under     2,639        

section 4141.242 of the Revised Code.  Employers paying            2,640        

contributions shall be described as "contributory employers."      2,641        

      (2)  "Payments in lieu of contributions" means the money     2,643        

payments to the state unemployment compensation fund required of   2,644        

reimbursing employers under sections 4141.241 and 4141.242 of the  2,645        

Revised Code.                                                      2,646        

      (M)  An individual is "totally unemployed" in any week       2,648        

during which the individual performs no services and with respect  2,649        

to such week no remuneration is payable to the individual.         2,650        

      (N)  An individual is "partially unemployed" in any week     2,652        

if, due to involuntary loss of work, the total remuneration        2,653        

payable to the individual for such week is less than the           2,654        

individual's weekly benefit amount.                                2,655        

      (O)  "Week" means the calendar week ending at midnight       2,657        

Saturday unless an equivalent week of seven consecutive calendar   2,658        

days is prescribed by the director.                                2,659        

                                                          64     


                                                                 
      (1)  "Qualifying week" means any calendar week in an         2,661        

individual's base period with respect to which the individual      2,662        

earns or is paid remuneration in employment subject to this        2,664        

chapter.  A calendar week with respect to which an individual      2,665        

earns remuneration but for which payment was not made within the   2,666        

base period, when necessary to qualify for benefit rights, may be  2,667        

considered to be a qualifying week.  The number of qualifying      2,668        

weeks which may be established in a calendar quarter shall not     2,669        

exceed the number of calendar weeks in the quarter.                2,670        

      (2)  "Average weekly wage" means the amount obtained by      2,672        

dividing an individual's total remuneration for all qualifying     2,673        

weeks during the base period by the number of such qualifying      2,674        

weeks, provided that if the computation results in an amount       2,675        

which THAT is not a multiple of one dollar, such amount shall be   2,676        

rounded to the next lower multiple of one dollar.                  2,677        

      (P)  "Weekly benefit amount" means the amount of benefits    2,679        

an individual would be entitled to receive for one week of total   2,680        

unemployment.                                                      2,681        

      (Q)(1)  "Base period" means the first four of the last five  2,683        

completed calendar quarters immediately preceding the first day    2,684        

of an individual's benefit year, except as provided in division    2,685        

(Q)(2) of this section.                                            2,686        

      (2)  If an individual does not have sufficient qualifying    2,688        

weeks and wages in the base period to qualify for benefit rights,  2,689        

the individual's base period shall be the four most recently       2,690        

completed calendar quarters preceding the first day of the         2,692        

individual's benefit year.  Such base period shall be known as     2,693        

the "alternate base period."  If information as to weeks and       2,694        

wages for the most recent quarter of the alternate base period is  2,695        

not available to the director from the regular quarterly reports   2,696        

of wage information, which are systematically accessible, the      2,698        

director may, consistent with the provisions of section 4141.28    2,701        

of the Revised Code, base the determination of eligibility for     2,702        

benefits on the affidavit of the claimant with respect to weeks    2,703        

                                                          65     


                                                                 
and wages for that calendar quarter.  The claimant shall furnish   2,704        

payroll documentation, where available, in support of the          2,705        

affidavit.  The determination based upon the alternate base        2,706        

period as it relates to the claimant's benefit rights, shall be    2,707        

amended when the quarterly report of wage information from the     2,708        

employer is timely received and that information causes a change   2,709        

in the determination.  As provided in division (B)(1)(b) of        2,710        

section 4141.28 of the Revised Code, any benefits paid and         2,711        

charged to an employer's account, based upon a claimant's          2,712        

affidavit, shall be adjusted effective as of the beginning of the  2,713        

claimant's benefit year.  No calendar quarter in a base period or  2,714        

alternate base period shall be used to establish a subsequent      2,715        

benefit year.                                                                   

      (3)  The "base period" of a combined wage claim, as          2,717        

described in division (H) of section 4141.43 of the Revised Code,  2,718        

shall be the base period prescribed by the law of the state in     2,719        

which the claim is allowed.                                        2,720        

      (4)  FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A   2,722        

COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS   2,723        

ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE   2,724        

UTILIZED.                                                          2,725        

      (R)(1)  "Benefit year" with respect to an individual means   2,727        

the fifty-two week period beginning with the first day of that     2,728        

week with respect to which the individual first files a valid      2,729        

application for determination of benefit rights, and thereafter    2,731        

the fifty-two week period beginning with the first day of that     2,732        

week with respect to which the individual next files a valid       2,733        

application for determination of benefit rights after the          2,734        

termination of the individual's last preceding benefit year,       2,735        

except that the application shall not be considered valid unless   2,737        

the individual has had employment in six weeks that is subject to  2,738        

this chapter or the unemployment compensation act of another       2,739        

state, or the United States, and has, since the beginning of the   2,740        

individual's previous benefit year, in the employment earned       2,741        

                                                          66     


                                                                 
three times the average weekly wage determined for the previous    2,742        

benefit year.  The "benefit year" of a combined wage claim, as     2,743        

described in division (H) of section 4141.43 of the Revised Code,  2,744        

shall be the benefit year prescribed by the law of the state in    2,745        

which the claim is allowed.  ANY                                                

      Effective for applications filed with respect to weeks       2,747        

beginning on or after October 1, 2000, any application for         2,748        

determination of benefit rights made in accordance with section    2,750        

4141.28 of the Revised Code is valid if the individual filing      2,751        

such application is unemployed, has been employed by an employer   2,752        

or employers subject to this chapter in at least twenty            2,753        

qualifying weeks within the individual's base period, AND has      2,754        

earned or been paid remuneration at an average weekly wage of not  2,757        

less than twenty-seven and one-half per cent of the statewide                   

average weekly wage for such weeks.  FOR PURPOSES OF DETERMINING   2,759        

WHETHER AN INDIVIDUAL HAS HAD SUFFICIENT EMPLOYMENT SINCE THE      2,760        

BEGINNING OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO FILE A      2,761        

VALID APPLICATION, "EMPLOYMENT" MEANS THE PERFORMANCE OF SERVICES  2,762        

FOR WHICH REMUNERATION IS PAYABLE.                                 2,763        

      (2)  EFFECTIVE FOR APPLICATIONS FILED ON AND AFTER MARCH 3,  2,767        

2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS MADE IN  2,768        

ACCORDANCE WITH SECTION 4141.28 OF THE REVISED CODE IS VALID IF                 

THE INDIVIDUAL SATISFIES THE CRITERIA DESCRIBED IN DIVISION        2,769        

(R)(1) OF THIS SECTION, and IF the reason for the individual's     2,770        

separation from employment is not disqualifying pursuant to        2,771        

division (D)(2) of section 4141.29 or section 4141.291 of the      2,773        

Revised Code.  A disqualification imposed pursuant to division     2,776        

(D)(2) of section 4141.29 or section 4141.291 of the Revised Code  2,779        

must be removed as provided in those sections as a requirement of  2,780        

establishing a valid application for benefit rights FILED ON AND   2,781        

AFTER MARCH 3, 2002.                                               2,782        

      (3)  The statewide average weekly wage shall be calculated   2,784        

by the director once a year based on the twelve-month period       2,786        

ending the thirtieth day of June, as set forth in division (B)(3)  2,788        

                                                          67     


                                                                 
of section 4141.30 of the Revised Code, rounded down to the        2,789        

nearest dollar.  Increases or decreases in the amount of                        

remuneration required to have been earned or paid in order for     2,790        

individuals to have filed valid applications shall become          2,791        

effective on Sunday of the calendar week in which the first day    2,792        

of January occurs that follows the twelve-month period ending the  2,793        

thirtieth day of June upon which the calculation of the statewide               

average weekly wage was based.                                     2,794        

      (4)  As used in this division, an individual is              2,796        

"unemployed" if, with respect to the calendar week in which such   2,799        

application is filed, the individual is "partially unemployed" or  2,801        

"totally unemployed" as defined in this section or if, prior to    2,802        

filing the application, the individual was separated from the      2,804        

individual's most recent work for any reason which terminated the  2,805        

individual's employee-employer relationship, or was laid off       2,806        

indefinitely or for a definite period of seven or more days.       2,807        

      (S)  "Calendar quarter" means the period of three            2,809        

consecutive calendar months ending on the thirty-first day of      2,810        

March, the thirtieth day of June, the thirtieth day of September,  2,811        

and the thirty-first day of December, or the equivalent thereof    2,812        

as the director prescribes by rule.                                2,813        

      (T)  "Computation date" means the first day of the third     2,815        

calendar quarter of any calendar year.                             2,816        

      (U)  "Contribution period" means the calendar year           2,818        

beginning on the first day of January of any year.                 2,819        

      (V)  "Agricultural labor," for the purpose of this           2,821        

division, means any service performed prior to January 1, 1972,    2,822        

which was agricultural labor as defined in this division prior to  2,823        

that date, and service performed after December 31, 1971:          2,824        

      (1)  On a farm, in the employ of any person, in connection   2,826        

with cultivating the soil, or in connection with raising or        2,827        

harvesting any agricultural or horticultural commodity, including  2,828        

the raising, shearing, feeding, caring for, training, and          2,829        

management of livestock, bees, poultry, and fur-bearing animals    2,830        

                                                          68     


                                                                 
and wildlife;                                                      2,831        

      (2)  In the employ of the owner or tenant or other operator  2,833        

of a farm in connection with the operation, management,            2,834        

conservation, improvement, or maintenance of such farm and its     2,835        

tools and equipment, or in salvaging timber or clearing land of    2,836        

brush and other debris left by hurricane, if the major part of     2,837        

such service is performed on a farm;                               2,838        

      (3)  In connection with the production or harvesting of any  2,840        

commodity defined as an agricultural commodity in section 15 (g)   2,841        

of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12      2,842        

U.S.C. 1141j, as amended, or in connection with the ginning of     2,843        

cotton, or in connection with the operation or maintenance of      2,844        

ditches, canals, reservoirs, or waterways, not owned or operated   2,845        

for profit, used exclusively for supplying and storing water for   2,846        

farming purposes;                                                  2,847        

      (4)  In the employ of the operator of a farm in handling,    2,849        

planting, drying, packing, packaging, processing, freezing,        2,850        

grading, storing, or delivering to storage or to market or to a    2,851        

carrier for transportation to market, in its unmanufactured        2,852        

state, any agricultural or horticultural commodity, but only if    2,853        

the operator produced more than one half of the commodity with     2,854        

respect to which such service is performed;                        2,855        

      (5)  In the employ of a group of operators of farms, or a    2,857        

cooperative organization of which the operators are members, in    2,858        

the performance of service described in division (V)(4) of this    2,859        

section, but only if the operators produced more than one-half of  2,860        

the commodity with respect to which the service is performed;      2,861        

      (6)  Divisions (V)(4) and (5) of this section shall not be   2,863        

deemed to be applicable with respect to service performed:         2,864        

      (a)  In connection with commercial canning or commercial     2,866        

freezing or in connection with any agricultural or horticultural   2,867        

commodity after its delivery to a terminal market for              2,868        

distribution for consumption; or                                   2,869        

      (b)  On a farm operated for profit if the service is not in  2,871        

                                                          69     


                                                                 
the course of the employer's trade or business.                    2,872        

      As used in division (V) of this section, "farm" includes     2,874        

stock, dairy, poultry, fruit, fur-bearing animal, and truck        2,875        

farms, plantations, ranches, nurseries, ranges, greenhouses, or    2,876        

other similar structures used primarily for the raising of         2,877        

agricultural or horticultural commodities and orchards.            2,878        

      (W)  "Hospital" means an institution which has been          2,880        

registered or licensed by the Ohio department of health as a       2,881        

hospital.                                                          2,882        

      (X)  "Nonprofit organization" means an organization, or      2,884        

group of organizations, described in section 501(c)(3) of the      2,885        

"Internal Revenue Code of 1954," and exempt from income tax under  2,887        

section 501(a) of that code.                                       2,888        

      (Y)  "Institution of higher education" means a public or     2,890        

nonprofit educational institution which:                           2,891        

      (1)  Admits as regular students only individuals having a    2,893        

certificate of graduation from a high school, or the recognized    2,894        

equivalent;                                                        2,895        

      (2)  Is legally authorized in this state to provide a        2,897        

program of education beyond high school; and                       2,898        

      (3)  Provides an educational program for which it awards a   2,900        

bachelor's or higher degree, or provides a program which is        2,901        

acceptable for full credit toward such a degree, a program of      2,902        

post-graduate or post-doctoral studies, or a program of training   2,903        

to prepare students for gainful employment in a recognized         2,904        

occupation.                                                        2,905        

      For the purposes of this division, all colleges and          2,907        

universities in this state are institutions of higher education.   2,908        

      (Z)  For the purposes of this chapter, "states" includes     2,910        

the District of Columbia, the Commonwealth of Puerto Rico, and     2,911        

the Virgin Islands.                                                2,912        

      (AA)  "Alien" means, for the purposes of division (A)(1)(d)  2,914        

of this section, an individual who is an alien admitted to the     2,915        

United States to perform service in agricultural labor pursuant    2,916        

                                                          70     


                                                                 
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and     2,917        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.                   2,918        

      (BB)(1)  "Crew leader" means an individual who furnishes     2,920        

individuals to perform agricultural labor for any other employer   2,921        

or farm operator, and:                                             2,922        

      (a)  Pays, either on the individual's own behalf or on       2,925        

behalf of the other employer or farm operator, the individuals so  2,927        

furnished by the individual for the service in agricultural labor  2,928        

performed by them;                                                 2,929        

      (b)  Has not entered into a written agreement with the       2,931        

other employer or farm operator under which the agricultural       2,932        

worker is designated as in the employ of the other employer or     2,933        

farm operator.                                                     2,934        

      (2)  For the purposes of this chapter, any individual who    2,936        

is a member of a crew furnished by a crew leader to perform        2,937        

service in agricultural labor for any other employer or farm       2,938        

operator shall be treated as an employee of the crew leader if:    2,939        

      (a)  The crew leader holds a valid certificate of            2,941        

registration under the "Farm Labor Contractor Registration Act of  2,942        

1963," 90 Stat. 2668, 7 U.S.C. 2041; or                            2,943        

      (b)  Substantially all the members of the crew operate or    2,945        

maintain tractors, mechanized harvesting or crop-dusting           2,946        

equipment, or any other mechanized equipment, which is provided    2,947        

by the crew leader; and                                            2,948        

      (c)  If the individual is not in the employment of the       2,950        

other employer or farm operator within the meaning of division     2,951        

(B)(1) of this section.                                            2,952        

      (3)  For the purposes of this division, any individual who   2,954        

is furnished by a crew leader to perform service in agricultural   2,955        

labor for any other employer or farm operator and who is not       2,956        

treated as in the employment of the crew leader under division     2,957        

(BB)(2) of this section shall be treated as the employee of the    2,958        

other employer or farm operator and not of the crew leader.  The   2,959        

other employer or farm operator shall be treated as having paid    2,960        

                                                          71     


                                                                 
cash remuneration to the individual in an amount equal to the      2,961        

amount of cash remuneration paid to the individual by the crew     2,962        

leader, either on the crew leader's own behalf or on behalf of     2,963        

the other employer or farm operator, for the service in            2,964        

agricultural labor performed for the other employer or farm        2,965        

operator.                                                                       

      (CC)  "Educational institution" means an institution other   2,967        

than an institution of higher education as defined in division     2,968        

(Y) of this section which:                                         2,969        

      (1)  Offers participants, trainees, or students an           2,971        

organized course of study or training designed to transfer to      2,972        

them knowledge, skills, information, doctrines, attitudes, or      2,973        

abilities from, by, or under the guidance of an instructor or      2,974        

teacher; and                                                       2,975        

      (2)  Is approved, chartered, or issued a permit to operate   2,977        

as a school by the state board of education or other government    2,978        

agency that is authorized within the state to approve, charter,    2,979        

or issue a permit for the operation of a school.                   2,980        

      For the purposes of this division, the courses of study or   2,982        

training which the institution offers may be academic, technical,  2,983        

trade, or preparation for gainful employment in a recognized       2,984        

occupation.                                                        2,985        

      Sec. 4141.162.  (A)  The director of job and family          2,994        

services shall establish an income and eligibility verification    2,997        

system that complies with section 1137 of the "Social Security     2,998        

Act."  The programs included in the system are all of the                       

following:                                                         2,999        

      (1)  Unemployment compensation pursuant to section 3304 of   3,001        

the "Internal Revenue Code of 1954";                               3,002        

      (2)  The state programs funded in part under part A of       3,004        

Title IV of the "Social Security Act" and administered under       3,005        

Chapters 5107. and 5108. of the Revised Code;                      3,006        

      (3)  Medicaid pursuant to Title XIX of the "Social Security  3,009        

Act";                                                                           

                                                          72     


                                                                 
      (4)  Food stamps pursuant to the "Food Stamp Act of 1977,"   3,011        

91 Stat. 958, 7 U.S.C.A. 2011, as amended;                         3,012        

      (5)  Any Ohio program under a plan approved under Title I,   3,014        

X, XIV, or XVI of the "Social Security Act."                       3,015        

      Wage information provided by employers to the director       3,017        

shall be furnished to the income and eligibility verification      3,019        

system.  Such information shall be used by the director to         3,020        

determine eligibility of individuals for unemployment              3,022        

compensation benefits and the amount of those benefits and used    3,023        

by the agencies that administer the programs identified in         3,024        

divisions (A)(2) to (5) of this section to determine or verify     3,025        

eligibility for or the amount of benefits under those programs.    3,026        

      The director shall fully implement the use of wage           3,028        

information to determine eligibility for and the amount of         3,029        

unemployment compensation benefits by September 30, 1988.          3,030        

      Information furnished under the system shall also be made    3,032        

available to the appropriate state or local child support          3,033        

enforcement agency for the purposes of an approved plan under      3,034        

Title IV-D of the "Social Security Act" and to the appropriate     3,036        

federal agency for the purposes of Titles II and XVI of the        3,037        

"Social Security Act."                                                          

      (B)  The director shall adopt rules as necessary under       3,040        

which the department of job and family services and other state    3,043        

agencies that the director determines must participate in order    3,045        

to ensure compliance with section 1137 of the "Social Security     3,046        

Act" exchange information with each other or authorized federal    3,047        

agencies about individuals who are applicants for or recipients    3,048        

of benefits under any of the programs enumerated in division (A)   3,049        

of this section.  The rules shall extend to all of the following:  3,050        

      (1)  A requirement for standardized formats and procedures   3,052        

for a participating agency to request and receive information      3,053        

about an individual, which information shall include the           3,054        

individual's social security number;                               3,055        

      (2)  A requirement that all applicants for and recipients    3,057        

                                                          73     


                                                                 
of benefits under any program enumerated in division (A) of this   3,058        

section be notified at the time of application, and periodically   3,059        

thereafter, that information available through the system may be   3,060        

shared with agencies that administer other benefit programs and    3,061        

utilized in establishing or verifying eligibility or benefit       3,062        

amounts under the other programs enumerated in division (A) of     3,063        

this section;                                                      3,064        

      (3)  A requirement that information is made available only   3,066        

to the extent necessary to assist in the valid administrative      3,067        

needs of the program receiving the information and is targeted     3,068        

for use in ways which are most likely to be productive in          3,069        

identifying and preventing ineligibility and incorrect payments;   3,070        

      (4)  A requirement that information is adequately protected  3,072        

against unauthorized disclosures for purposes other than to        3,073        

establish or verify eligibility or benefit amounts under the       3,074        

programs enumerated in division (A) of this section;               3,075        

      (5)  A requirement that a program providing information is   3,077        

reimbursed by the program using the information for the actual     3,078        

costs of furnishing the information and that the director be       3,080        

reimbursed by the participating programs for any actual costs      3,081        

incurred in operating the system;                                  3,082        

      (6)  Requirements for any other matters necessary to ensure  3,084        

the effective, efficient, and timely exchange of necessary         3,085        

information or that the director determines must be addressed in   3,088        

order to ensure compliance with the requirements of section 1137   3,089        

of the "Social Security Act."                                                   

      (C)  Each participating agency shall furnish to the income   3,091        

and eligibility verification system established in division (A)    3,092        

of this section that information, which the director, by rule,     3,095        

determines is necessary in order to comply with section 1137 of    3,096        

the "Social Security Act."                                                      

      (D)  Notwithstanding the information disclosure              3,098        

requirements of this section and section 4141.21 and division      3,101        

(D)(4)(a)(A) of section 4141.28 4141.282 of the Revised Code, the  3,103        

                                                          74     


                                                                 
director shall administer those provisions of law so as to comply  3,105        

with section 1137 of the "Social Security Act."                                 

      (E)  Requirements in section 4141.21 of the Revised Code     3,107        

with respect to confidentiality of information obtained in the     3,108        

administration of Chapter 4141. of the Revised Code and any        3,109        

sanctions imposed for improper disclosure of such information      3,110        

shall apply to the redisclosure of information disclosed under     3,111        

this section.                                                      3,112        

      Sec. 4141.21.  Except as provided in section 4141.162 of     3,121        

the Revised Code, and subject to section 4141.43 of the Revised    3,124        

Code, the information maintained by the director of job and        3,126        

family services or furnished to the director by employers or       3,128        

employees pursuant to this chapter is for the exclusive use and    3,130        

information of the department of job and family services in the    3,132        

discharge of its duties and shall not be open to the public or be  3,134        

used in any court in any action or proceeding pending therein, or  3,135        

be admissible in evidence in any action, other than one arising    3,136        

under those sections THIS CHAPTER.  All of the information and     3,138        

records necessary or useful in the determination of any            3,139        

particular claim for benefits or necessary in verifying any        3,140        

charge to an employer's account under sections 4141.23 to 4141.26  3,141        

of the Revised Code shall be available for examination and use by  3,142        

the employer and the employee involved or their authorized         3,143        

representatives in the hearing of such cases, and that             3,144        

information may be tabulated and published in statistical form                  

for the use and information of the state departments and the       3,145        

public.                                                            3,146        

      Sec. 4141.23.  (A)  Contributions shall accrue and become    3,155        

payable by each employer for each calendar year or other period    3,156        

as prescribed by this chapter.  Such contributions become due and  3,157        

shall be paid by each employer to the director of job and family   3,159        

services for the unemployment compensation fund in accordance      3,160        

with such regulations as the director prescribes, and shall not    3,161        

be deducted, in whole or in part, from the remuneration of         3,163        

                                                          75     


                                                                 
individuals in the employer's employ.                              3,164        

      In the payment of any contributions, a fractional part of a  3,166        

dollar may be disregarded unless it amounts to fifty cents or      3,167        

more, in which case it may be increased to the next higher         3,168        

dollar.                                                            3,169        

      (B)(1)  Any contribution or payment in lieu of               3,171        

contribution, due from an employer on or before December 31,       3,172        

1992, shall, if not paid when due, bear interest at the rate of    3,173        

ten per cent per annum.  In such computation any fraction of a     3,174        

month shall be considered as a full month.                         3,175        

      (2)  Any contribution, payment in lieu of contribution,      3,177        

interest, forfeiture, or fine due from an employer on or after     3,178        

January 1, 1993, shall, if not paid when due, bear interest at     3,179        

the annual rate of fourteen per cent compounded monthly on the     3,180        

aggregate receivable balance due.  In such computation any         3,181        

fraction of a month shall be considered as a full month.           3,182        

      (C)  The director may waive the interest assessed under      3,185        

division (B)(2) of this section if the employer meets all of the   3,186        

following conditions within thirty days after the date the                      

director mails or delivers the notice of assessment of interest:   3,189        

      (1)  Provides to the director a written request for a        3,192        

waiver of interest clearly demonstrating that the employer's       3,193        

failure to timely pay contributions, payments in lieu of           3,195        

contributions, interest, forfeiture, and fines was a result of     3,196        

circumstances beyond the control of the employer or the            3,197        

employer's agent, except that negligence on the part of the        3,199        

employer or the employer's agent shall not be considered beyond    3,201        

the control of the employer or the employer's agent;               3,202        

      (2)  Furnishes to the director all quarterly reports         3,205        

required under section 4141.20 of the Revised Code;                3,206        

      (3)  Pays in full all contributions, payments in lieu of     3,208        

contributions, interest, forfeiture, and fines for each quarter    3,209        

for which such payments are due.                                   3,210        

      The director shall deny an employer's request for a waiver   3,214        

                                                          76     


                                                                 
of interest after finding that the employer's failure to timely    3,216        

furnish reports or make payments as required under this chapter    3,217        

was due to an attempt to evade payment.                                         

      (D)  Any contribution, interest, forfeiture, or fine         3,219        

required to be paid under this chapter by any employer shall, if   3,220        

not paid when due, become a lien upon the real and personal        3,221        

property of such employer.  Upon failure of such employer to pay   3,222        

the contributions, interest, forfeiture, or fine required to be    3,223        

paid under this chapter, the director shall file notice of such    3,226        

lien, for which there shall be no charge, in the office of the     3,227        

county recorder of the county in which it is ascertained that                   

such employer owns real estate or personal property.  The          3,228        

director shall notify the employer by mail of the lien.  The       3,230        

absence of proof that the notice was sent does not affect the      3,231        

validity of the lien.  Such lien shall not be valid as against     3,232        

the claim of any mortgagee, pledgee, purchaser, judgment           3,233        

creditor, or other lienholder of record at the time such notice    3,234        

is filed.                                                          3,235        

      If the employer acquires real or personal property after     3,237        

notice of lien is filed, such lien shall not be valid as against   3,238        

the claim of any mortgagee, pledgee, subsequent bona fide          3,239        

purchaser for value, judgment creditor, or other lienholder of     3,240        

record to such after-acquired property, unless the notice of lien  3,241        

is refiled after such property was acquired by the employer and    3,242        

before the competing lien attached to such after-acquired          3,243        

property or before the conveyance to such subsequent bona fide     3,244        

purchaser for value.                                               3,245        

      Such notice shall be recorded in a book kept by the          3,247        

recorder called the "unemployment compensation lien record" and    3,248        

indexed therein in an alphabetical index under the name of such    3,249        

employer.  When such unpaid contributions, interest, forfeiture,   3,250        

or fines have been paid, the employer may record with the          3,251        

recorder of the county in which such notice of lien has been       3,252        

filed and recorded, notice of such payment.  For recording such    3,253        

                                                          77     


                                                                 
notice of payment the recorder shall charge and receive from the   3,254        

employer a fee of two dollars.                                     3,255        

      (E)  NOTWITHSTANDING OTHER PROVISIONS IN THIS SECTION, THE   3,257        

DIRECTOR MAY REDUCE, IN WHOLE OR IN PART, THE AMOUNT OF INTEREST,  3,258        

FORFEITURE, OR FINES REQUIRED TO BE PAID UNDER THIS CHAPTER IF     3,259        

THE DIRECTOR DETERMINES THAT THE REDUCTION IS IN THE BEST          3,260        

INTEREST OF THE UNEMPLOYMENT COMPENSATION FUND.                                 

      (F)  Assessment of contributions shall not be made after     3,262        

four years from the date on which such contributions became        3,263        

payable, and no action in court for the collection of              3,264        

contributions without assessment of such contributions shall be    3,265        

begun after the expiration of five years from the date such        3,266        

contributions became payable.  In case of a false or fraudulent    3,267        

report or of a willful attempt in any manner to evade              3,268        

contributions, such contributions may be assessed or a proceeding  3,269        

in court for the collection of such contributions may be begun     3,270        

without assessment at any time.  When the assessment of            3,271        

contributions has been made within such four-year period           3,272        

provided, action in court to collect such contributions may be     3,273        

begun within, but not later than, six years after such             3,274        

assessment.                                                        3,275        

      (F)(G)  In the event of a distribution of an employer's      3,277        

assets, pursuant to an order of any court under the law of this    3,278        

state, including any receivership, assignment for benefit of       3,279        

creditors, adjudicated insolvency, or similar proceedings,         3,280        

contributions, interest, forfeiture, or fine then or thereafter    3,281        

due have the same priority as provided by law for the payment of   3,282        

taxes due the state and shall be paid out of the trust fund in     3,283        

the same manner as provided for other claims for unpaid taxes due  3,284        

the state.                                                         3,285        

      (G)(H)  If the attorney general finds after investigation    3,287        

that any claim for delinquent contributions, interest,             3,288        

forfeitures, or fines owing to the director is uncollectible, in   3,289        

whole or in part, the attorney general shall recommend to the      3,291        

                                                          78     


                                                                 
director the cancellation of such claim or any part thereof.  The  3,294        

director may thereupon effect such cancellation.                   3,296        

      Sec. 4141.24.  (A)(1)  The director of job and family        3,305        

services shall maintain a separate account for each employer and,  3,308        

except as otherwise provided in division (B) of section 4141.25    3,309        

of the Revised Code respecting mutualized contributions, shall     3,310        

credit such employer's account with all the contributions, or      3,311        

payments in lieu of contributions, which the employer has paid on  3,312        

the employer's own behalf.                                                      

      (2)  If, as of the computation date, a contributory          3,314        

employer's account shows a negative balance computed as provided   3,315        

in division (A)(3) of section 4141.25 of the Revised Code, less    3,317        

any contributions due and unpaid on such date, which negative                   

balance is in excess of the limitations imposed by divisions       3,318        

(A)(2)(a), (b), and (c) of this section and if the employer's      3,319        

account is otherwise eligible for the transfer, then before the    3,320        

employer's contribution rate is computed for the next succeeding   3,321        

contribution period, an amount equal to the amount of the excess   3,322        

eligible for transfer shall be permanently transferred from the    3,323        

account of such employer and charged to the mutualized account     3,324        

provided in division (B) of section 4141.25 of the Revised Code.   3,326        

      (a)  If as of any computation date, a contributory           3,328        

employer's account shows a negative balance in excess of ten per   3,329        

cent of the employer's average annual payroll, then before the     3,330        

employer's contribution rate is computed for the next succeeding   3,331        

contribution period, an amount equal to the amount of the excess   3,332        

shall be transferred from the account as provided in this          3,333        

division.  No contributory employer's account may have any excess  3,334        

transferred pursuant to division (A)(2)(a) of this section,        3,335        

unless the employer's account has shown a positive balance for at  3,337        

least two consecutive computation dates prior to the computation                

date with respect to which the transfer is proposed.  Each time a  3,338        

transfer is made pursuant to division (A)(2)(a) of this section,   3,339        

the employer's account is ineligible for any additional transfers  3,340        

                                                          79     


                                                                 
under that division, until the account shows a positive balance    3,341        

for at least two consecutive computation dates subsequent to the   3,342        

computation date of which the most recent transfer occurs          3,343        

pursuant to division (A)(2)(a), (b), or (c) of this section.       3,344        

      (b)  If at the next computation date after the computation   3,346        

date at which a transfer from the account occurs pursuant to       3,347        

division (A)(2)(a) of this section, a contributory employer's      3,348        

account shows a negative balance in excess of fifteen per cent of  3,349        

the employer's average annual payroll, then before the employer's  3,351        

contribution rate is computed for the next succeeding                           

contribution period an amount equal to the amount of the excess    3,352        

shall be permanently transferred from the account as provided in   3,353        

this division.                                                     3,354        

      (c)  If at the next computation date subsequent to the       3,356        

computation date at which a transfer from a contributory           3,357        

employer's account occurs pursuant to division (A)(2)(b) of this   3,358        

section, the employer's account shows a negative balance in        3,359        

excess of twenty per cent of the employer's average annual         3,360        

payroll, then before the employer's contribution rate is computed  3,362        

for the next succeeding contribution period, an amount equal to                 

the amount of the excess shall be permanently transferred from     3,363        

the account as provided in this division.                          3,364        

      (d)  If no transfer occurs pursuant to division (A)(2)(b)    3,366        

or (c) of this section, the employer's account is ineligible for   3,367        

any additional transfers under division (A)(2) until the account   3,368        

requalifies for a transfer pursuant to division (A)(2)(a) of this  3,369        

section.                                                           3,370        

      (B)  Any employer may make voluntary payments in addition    3,372        

to the contributions required under this chapter, in accordance    3,373        

with rules established by the director.  Such payments shall be    3,376        

included in the employer's account as of the computation date,                  

provided they are received by the director by the thirty-first     3,379        

day of December following such computation date.  Such voluntary   3,380        

payment, when accepted from an employer, will not be refunded in   3,381        

                                                          80     


                                                                 
whole or in part.  In determining whether an employer's account    3,382        

has a positive balance on two consecutive computation dates and    3,383        

is eligible for transfers under division (A)(2) of this section,   3,384        

the director shall exclude any voluntary payments made subsequent  3,386        

to the last transfer made under division (A)(2) of this section.   3,387        

      (C)  All contributions to the fund shall be pooled and       3,389        

available to pay benefits to any individual entitled to benefits   3,390        

irrespective of the source of such contributions.                  3,391        

      (D)(1)  For the purposes of this section and sections        3,393        

4141.241 and 4141.242 of the Revised Code, an employer's account   3,394        

shall be charged only for benefits based on remuneration paid by   3,395        

such employer.  Benefits paid to an eligible individual shall be   3,396        

charged against the account of each employer within the            3,397        

claimant's base period in the proportion to which wages            3,398        

attributable to each employer of the claimant bears to the         3,399        

claimant's total base period wages.  Charges to the account of a   3,400        

base period employer with whom the claimant is employed part-time  3,401        

at the time the claimant's application for a determination of      3,403        

benefits rights is filed shall be charged to the mutualized                     

account when all of the following conditions are met:              3,404        

      (a)  The claimant also worked part-time for the employer     3,406        

during the base period of the claim.                               3,407        

      (b)  The claimant is unemployed due to loss of other         3,409        

employment.                                                        3,410        

      (c)  The employer is not a reimbursing employer under        3,413        

section 4141.241 or 4141.242 of the Revised Code.                               

      (2)  Notwithstanding division (D)(1) of this section,        3,415        

charges to the account of any employer, including any reimbursing  3,416        

employer, shall be charged to the mutualized account if it         3,417        

finally is determined by a court on appeal that the employer's     3,418        

account is not chargeable for the benefits.                                     

      (3)  ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28   3,420        

OF THE REVISED CODE PRIOR TO A FINAL DETERMINATION OF THE          3,422        

CLAIMANT'S RIGHT TO THE BENEFITS SHALL BE CHARGED TO THE           3,424        

                                                          81     


                                                                 
EMPLOYER'S ACCOUNT AS PROVIDED IN DIVISION (D)(1) OF THIS          3,425        

SECTION, PROVIDED THAT IF THERE IS NO FINAL DETERMINATION OF THE   3,426        

CLAIM BY THE SUBSEQUENT THIRTIETH DAY OF JUNE, THE EMPLOYER'S      3,427        

ACCOUNT SHALL BE CREDITED WITH THE TOTAL AMOUNT OF BENEFITS THAT   3,428        

HAS BEEN PAID PRIOR TO THAT DATE, BASED ON THE DETERMINATION THAT  3,429        

HAS NOT BECOME FINAL.  THE TOTAL AMOUNT CREDITED TO THE            3,430        

EMPLOYER'S ACCOUNT SHALL BE CHARGED TO A SUSPENSE ACCOUNT, WHICH   3,431        

SHALL BE MAINTAINED AS A SEPARATE BOOKKEEPING ACCOUNT AND          3,432        

ADMINISTERED AS A PART OF THIS SECTION, AND SHALL NOT BE USED IN   3,433        

DETERMINING THE ACCOUNT BALANCE OF THE EMPLOYER FOR THE PURPOSE    3,434        

OF COMPUTING THE EMPLOYER'S CONTRIBUTION RATE UNDER SECTION        3,435        

4141.25 OF THE REVISED CODE.                                                    

      IF IT IS FINALLY DETERMINED THAT THE CLAIMANT IS ENTITLED    3,437        

TO ALL OR A PART OF THE BENEFITS IN DISPUTE, THE SUSPENSE ACCOUNT  3,438        

SHALL BE CREDITED AND THE APPROPRIATE EMPLOYER'S ACCOUNT CHARGED   3,439        

WITH THE BENEFITS.  IF IT IS FINALLY DETERMINED THAT THE CLAIMANT  3,440        

IS NOT ENTITLED TO ALL OR ANY PORTION OF THE BENEFITS IN DISPUTE,  3,441        

THE BENEFITS SHALL BE CREDITED TO THE SUSPENSE ACCOUNT AND A       3,442        

CORRESPONDING CHARGE MADE TO THE MUTUALIZED ACCOUNT ESTABLISHED    3,443        

IN DIVISION (B) OF SECTION 4141.25 OF THE REVISED CODE, PROVIDED   3,446        

THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF BENEFITS    3,447        

ARE CHARGEABLE TO AN EMPLOYER OR GROUP OF EMPLOYERS WHO IS         3,448        

REQUIRED OR ELECTS TO MAKE PAYMENTS TO THE FUND IN LIEU OF         3,449        

CONTRIBUTIONS UNDER SECTION 4141.241 OF THE REVISED CODE, THE      3,451        

BENEFITS SHALL BE CHARGED TO THE EMPLOYER'S ACCOUNT IN THE MANNER  3,452        

PROVIDED IN DIVISION (D)(1) OF THIS SECTION AND DIVISION (B) OF    3,454        

SECTION 4141.241 OF THE REVISED CODE, AND NO PART OF THE BENEFITS  3,456        

MAY BE CHARGED TO THE SUSPENSE ACCOUNT PROVIDED IN THIS DIVISION.  3,457        

      TO THE EXTENT THAT BENEFITS THAT HAVE BEEN PAID TO A         3,460        

CLAIMANT AND CHARGED TO THE EMPLOYER'S ACCOUNT ARE FOUND NOT TO    3,461        

BE DUE THE CLAIMANT AND ARE RECOVERED BY THE DIRECTOR AS PROVIDED  3,462        

IN SECTION 4141.35 OF THE REVISED CODE, THEY SHALL BE CREDITED TO  3,464        

THE EMPLOYER'S ACCOUNT.                                            3,465        

      (4)  The director shall notify each employer at least once   3,469        

                                                          82     


                                                                 
each month of the benefits charged to the employer's account       3,470        

since the last preceding notice; except that for the purposes of   3,471        

sections 4141.241 and 4141.242 of the Revised Code which provides  3,472        

the billing of employers on a payment in lieu of a contribution    3,473        

basis, the director may prescribe a quarterly or less frequent     3,476        

notice of benefits charged to the employer's account.  Such        3,477        

notice will show a summary of the amount of benefits paid which    3,478        

were charged to the employer's account.  This notice shall not be  3,479        

deemed a determination of the claimant's eligibility for                        

benefits.  Any employer so notified, however, may file within      3,481        

fifteen days after the mailing date of the notice, an exception    3,482        

to charges appearing on the notice on the grounds that such        3,483        

charges are not in accordance with this section.  The director     3,485        

shall promptly examine the exception to such charges and shall     3,486        

notify the employer of the director's decision thereon, which      3,488        

decision shall become final unless applealed APPEALED to the       3,489        

unemployment compensation review commission in the manner          3,491        

provided in section 4141.26 of the Revised Code.  For the                       

purposes of this division, an exception is considered timely       3,492        

filed when it has been received as provided in division (I)(2) of  3,493        

section 4141.28 of the Revised Code.                               3,494        

      (E)  The director shall terminate and close the account of   3,497        

any contributory employer who has been subject to this chapter if  3,498        

the enterprise for which the account was established is no longer  3,499        

in operation and it has had no payroll and its account has not     3,500        

been chargeable with benefits for a period of five consecutive     3,501        

years.  The amount of any positive balance, computed as provided   3,502        

in division (A)(3) of section 4141.25 of the Revised Code, in an   3,503        

account closed and terminated as provided in this section shall    3,504        

be credited to the mutualized account as provided in division      3,505        

(B)(2)(b) of section 4141.25 of the Revised Code.  The amount of   3,506        

any negative balance, computed as provided in division (A)(3) of   3,507        

section 4141.25 of the Revised Code, in an account closed and      3,508        

terminated as provided in this section shall be charged to the     3,509        

                                                          83     


                                                                 
mutualized account as provided in division (B)(1)(b) of section    3,510        

4141.25 of the Revised Code.  The amount of any positive balance   3,512        

or negative balance, credited or charged to the mutualized         3,513        

account after the termination and closing of an employer's         3,514        

account, shall not thereafter be considered in determining the     3,515        

contribution rate of such employer.  The closing of an employer's  3,516        

account as provided in this division shall not relieve such        3,517        

employer from liability for any unpaid contributions or payment    3,518        

in lieu of contributions which are due for periods prior to such   3,519        

closing.                                                                        

      If the director finds that a contributory employer's         3,522        

business is closed solely because of the entrance of one or more   3,523        

of the owners, officers, or partners, or the majority              3,524        

stockholder, into the armed forces of the United States, or any    3,525        

of its allies, or of the United Nations after July 1, 1950, such   3,526        

employer's account shall not be terminated and if the business is  3,527        

resumed within two years after the discharge or release of such    3,528        

persons from active duty in the armed forces, the employer's       3,529        

experience shall be deemed to have been continuous throughout      3,530        

such period.  The reserve ratio of any such employer shall be the  3,531        

total contributions paid by such employer minus all benefits,      3,532        

including benefits paid to any individual during the period such   3,533        

employer was in the armed forces, based upon wages paid by the     3,534        

employer prior to the employer's entrance into the armed forces    3,536        

divided by the average of the employer's annual payrolls for the   3,537        

three most recent years during the whole of which the employer     3,539        

has been in business.                                                           

      (F)  If an employer transfers the employer's business or     3,541        

otherwise reorganizes such business, the successor in interest     3,542        

shall assume the resources and liabilities of such employer's      3,543        

account, and continue the payment of all contributions, or         3,544        

payments in lieu of contributions, due under this chapter.  If an  3,545        

employer acquires substantially all of the assets in a trade or    3,546        

business of another employer, or a clearly segregable and          3,547        

                                                          84     


                                                                 
identifiable portion of an employer's enterprise, and immediately  3,548        

after the acquisition employs in the employer's trade or business  3,549        

substantially the same individuals who immediately prior to the    3,551        

acquisition were employed in the trade or business or in the       3,552        

separate unit of such trade or business of such predecessor        3,553        

employer, then, upon application to the director signed by the     3,554        

predecessor employer and the acquiring employer, the employer      3,556        

acquiring such enterprise is the successor in interest.  In the    3,557        

case of a transfer of a portion of an employer's enterprise, only  3,558        

that part of the experience with unemployment compensation and     3,559        

payrolls that is directly attributable to the segregated and       3,560        

identifiable part shall be transferred and used in computing the   3,561        

contribution rate of the successor employer on the next            3,562        

computation date.  The director by rule may prescribe procedures   3,563        

for effecting transfers of experience as provided for in this      3,565        

section.                                                                        

      (G)  For the purposes of this section, two or more           3,567        

employers who are parties to or the subject of a merger,           3,568        

consolidation, or other form of reorganization effecting a change  3,569        

in legal identity or form are deemed to be a single employer if    3,570        

the director finds that immediately after such change the          3,572        

employing enterprises of the predecessor employers are continued   3,573        

solely through a single employer as successor thereto, and         3,574        

immediately after such change such successor is owned or           3,575        

controlled by substantially the same interests as the predecessor  3,576        

employers, and the successor has assumed liability for all         3,577        

contributions required of the predecessor employers, and the       3,578        

consideration of such two or more employers as a single employer   3,579        

for the purposes of this section would not be inequitable.         3,580        

      (H)  No rate of contribution less than two and seven-tenths  3,583        

per cent shall be permitted a contributory employer succeeding to  3,584        

the experience of another contributory employer pursuant to this   3,585        

section for any period subsequent to such succession, except in    3,586        

accordance with rules prescribed by the director, which rules      3,587        

                                                          85     


                                                                 
shall be consistent with federal requirements for additional       3,589        

credit allowance in section 3303 of the "Internal Revenue Code of  3,590        

1954" and consistent with this chapter, except that such rules     3,591        

may establish a computation date for any such period different     3,592        

from the computation date generally prescribed by this chapter,    3,593        

and may define "calendar year" as meaning a                        3,594        

twelve-consecutive-month period ending on the same day of the      3,595        

year as that on which such computation date occurs.                3,596        

      (I)  The director may prescribe rules for the                3,598        

establishment, maintenance, and dissolution of common              3,599        

contribution rates for two or more contributory employers, and in  3,600        

accordance with such rules and upon application by two or more     3,601        

employers shall establish such common rate to be computed by       3,602        

merging the several contribution rate factors of such employers    3,603        

for the purpose of establishing a common contribution rate         3,604        

applicable to all such employers.                                  3,605        

      Sec. 4141.241.  (A)(1)  Any nonprofit organization           3,614        

described in division (X) of section 4141.01 of the Revised Code,  3,615        

which becomes subject to this chapter on or after January 1,       3,616        

1972, shall pay contributions under section 4141.25 of the         3,617        

Revised Code, unless it elects, in accordance with this division,  3,618        

to pay to the director of job and family services for deposit in   3,620        

the unemployment compensation fund an amount in lieu of            3,621        

contributions equal to the amount of regular benefits plus one     3,622        

half of extended benefits paid from that fund that is              3,623        

attributable to service in the employ of the nonprofit             3,624        

organization to individuals whose service, during the base period  3,625        

of the claims, was within the effective period of such election.   3,626        

      (2)  Any nonprofit organization which becomes subject to     3,628        

this chapter after January 1, 1972, may elect to become liable     3,629        

for payments in lieu of contributions for a period of not less     3,630        

than the remainder of that calendar year and the next calendar     3,631        

year, beginning with the date on which such subjectivity begins,   3,632        

by filing a written notice of its election with the director not   3,635        

                                                          86     


                                                                 
later than thirty days immediately following the date of the                    

determination of such subjectivity.                                3,636        

      (3)  Any nonprofit organization which makes an election in   3,638        

accordance with this division will continue to be liable for       3,639        

payments in lieu of contributions for the period described in      3,640        

this division and until it files with the director a written       3,642        

notice terminating its election.  The notice shall be filed not    3,643        

later than thirty days prior to the beginning of the calendar      3,644        

year for which the termination is to become effective.             3,645        

      (4)  Any nonprofit organization which has been paying        3,647        

contributions for a period subsequent to January 1, 1972, may      3,648        

change to a reimbursable basis by filing with the director, not    3,651        

later than thirty days prior to the beginning of any calendar                   

year, a written notice of election to become liable for payments   3,652        

in lieu of contributions.  The election shall not be terminable    3,653        

by the organization during that calendar year and the next         3,654        

calendar year.                                                     3,655        

      (5)  The director, in accordance with any rules the          3,658        

director prescribes, shall notify each nonprofit organization of   3,660        

any determination which the director may make of its status as an  3,662        

employer and of the effective date of any election which it makes  3,664        

and of any termination of the election.  Any determinations shall  3,665        

be subject to reconsideration, appeal, and review in accordance    3,666        

with section 4141.26 of the Revised Code.                          3,667        

      (B)  Except as provided in division (I) of section 4141.29   3,669        

of the Revised Code, benefits based on service with a nonprofit    3,670        

organization granted a reimbursing status under this section       3,671        

shall be payable in the same amount, on the same terms, and        3,672        

subject to the same conditions, as benefits payable on the basis   3,673        

of other service subject to this chapter.  Payments in lieu of     3,674        

contributions shall be made in accordance with this division and   3,675        

division (D) of section 4141.24 of the Revised Code.               3,676        

      (1)(a)  At the end of each calendar quarter, or at the end   3,678        

of any other period as determined by the director under division   3,681        

                                                          87     


                                                                 
(D)(3)(4) of section 4141.24 of the Revised Code, the director     3,682        

shall bill each nonprofit organization or group of such            3,684        

organizations which has elected to make payments in lieu of                     

contributions for an amount equal to the full amount of regular    3,685        

benefits plus one half of the amount of extended benefits paid     3,686        

during such quarter or other prescribed period which is            3,687        

attributable to service in the employ of such organization.        3,688        

      (b)  In the computation of the amount of benefits to be      3,690        

charged to employers liable for payments in lieu of                3,691        

contributions, all benefits attributable to service described in   3,692        

division (B)(1)(a) of this section shall be computed and charged   3,693        

to such organization as described in division (D) of section       3,694        

4141.24 of the Revised Code, and, except as provided in division   3,695        

(D)(2) of section 4141.24 of the Revised Code, no portion of the   3,697        

amount may be charged to the mutualized account established by     3,698        

division (B) of section 4141.25 of the Revised Code.               3,699        

      (c)  The director may prescribe regulations under which      3,702        

organizations, which have elected to make payments in lieu of      3,703        

contributions may request permission to make such payments in                   

equal installments throughout the year with an adjustment at the   3,704        

end of the year for any excess or shortage of the amount of such   3,705        

installment payments compared with the total amount of benefits    3,706        

actually charged the organization's account during the year.  In   3,707        

making any adjustment, where the total installment payments are    3,708        

less than the actual benefits charged, the organization shall be   3,709        

liable for payment of the unpaid balance in accordance with        3,710        

division (B)(2) of this section.  If the total installment         3,711        

payments exceed the actual benefits charged, all or part of the    3,712        

excess may, at the discretion of the director, be refunded or      3,715        

retained in the fund as part of the payments which may be                       

required in the next year.                                         3,716        

      (2)  Payment of any bill rendered under division (B)(1) of   3,718        

this section shall be made not later than thirty days after the    3,719        

bill was mailed to the last known address of the organization or   3,720        

                                                          88     


                                                                 
was otherwise delivered to it, unless there has been an            3,721        

application for review and redetermination in accordance with      3,722        

division (B)(4) of this section.                                   3,723        

      (3)  Payments made by an organization under this section     3,725        

shall not be deducted or deductible, in whole or in part, from     3,726        

the remuneration of individuals in the employ of the               3,727        

organization.                                                      3,728        

      (4)  An organization may file an application for review and  3,730        

redetermination of the amounts appearing on any bill rendered to   3,731        

such organization under division (B)(1) of this section.  The      3,732        

application shall be filed and determined under division           3,734        

(D)(3)(4) of section 4141.24 of the Revised Code.                  3,735        

      (5)  Past-due payments of amounts in lieu of contributions   3,737        

shall be subject to the same interest rates and collection         3,738        

procedures that apply to past-due contributions under sections     3,739        

4141.23 and 414.27 of the Revised Code.  In case of faiurre        3,740        

FAILURE to file a required quarterly report within the time        3,742        

prescribed by the director, the nonprofit organization shall be    3,743        

subject to a forfeiture pursuant to section 4141.20 of the         3,745        

Revised Code for each quarterly report that is not timely filed.   3,746        

      All interest and forfeitures collected under this division   3,748        

shall be paid into the unemployment compensation special           3,749        

administrative fund as provided in section 4141.11 of the Revised  3,750        

Code.                                                              3,751        

      (6)  All payments in lieu of contributions collected under   3,753        

this section shall be paid into the unemployment compensation      3,754        

fund as provided in section 4141.09 of the Revised Code.  Any      3,755        

refunds of such payments shall be paid from the unemployment       3,756        

compensation fund, as provided in section 4141.09 of the Revised   3,757        

Code.                                                              3,758        

      (C)(1)  Any nonprofit organization, or group of such         3,760        

organizations approved under division (D) of this section, that    3,762        

elects to become liable for payments in lieu of contributions      3,763        

shall be required within thirty days after the effective date of   3,764        

                                                          89     


                                                                 
its election, to execute and file with the director a surety bond  3,767        

approved by the director or it may elect instead to deposit with   3,769        

the director approved municipal or other bonds, or approved        3,771        

securities, or a combination thereof, or other forms of                         

collateral security approved by the director.                      3,772        

      (2)(a)  The amount of the bond or deposit required shall be  3,774        

equal to three per cent of the organization's wages paid for       3,775        

employment as defined in section 4141.01 of the Revised Code that  3,776        

would have been taxable had the organization been a subject        3,777        

employer during the four calendar quarters immediately preceding   3,778        

the effective date of the election, or the amount established by   3,780        

the director within the limitation provided in division (C)(2)(d)  3,782        

of this section, whichever is the less.  The effective date of     3,783        

the amount of the bond or other collateral security required       3,784        

after the employer initially is determined by the director to be   3,785        

liable for payments in lieu of contributions shall be the renewal  3,787        

date in the case of a bond or the biennial anniversary of the      3,788        

effective date of election in the case of deposit of securities    3,789        

or other forms of collateral security approved by the director,    3,790        

whichever date shall be most recent and applicable.  If the        3,791        

nonprofit organization did not pay wages in each of such four      3,792        

calendar quarters, the amount of the bond or deposit shall be as   3,793        

determined by the director under regulations prescribed for this   3,796        

purpose.                                                                        

      (b)  Any bond or other form of collateral security approved  3,798        

by the director deposited under this division shall be in force    3,800        

for a period of not less than two calendar years and shall be      3,801        

renewed with the approval of the director, at such times as the    3,803        

director may prescribe, but not less frequently than at two-year   3,805        

intervals as long as the organization continues to be liable for   3,806        

payments in lieu of contributions.  The director shall require     3,808        

adjustments to be made in a previously filed bond or other form                 

of collateral security as the director considers appropriate.  If  3,810        

the bond or other form of collateral security is to be increased,  3,812        

                                                          90     


                                                                 
the adjusted bond or collateral security shall be filed by the     3,813        

organization within thirty days of the date that notice of the     3,814        

required adjustment was mailed or otherwise delivered to it.       3,815        

Failure by any organization covered by such bond or collateral     3,816        

security to pay the full amount of payments in lieu of             3,817        

contributions when due, together with any applicable interest                   

provided for in division (B)(5) of this section, shall render the  3,818        

surety liable on the bond or collateral security to the extent of  3,819        

the bond or collateral security, as though the surety was the      3,821        

organization.                                                                   

      (c)  Any securities accepted in lieu of surety bond by the   3,823        

director shall be deposited with the treasurer of state who shall  3,826        

have custody thereof and retain the same in the treasurer of       3,827        

state's possession, or release them, according to conditions                    

prescribed by regulations of the director.  Income from the        3,829        

securities, held in custody by the treasurer of state, shall       3,831        

accrue to the benefit of the depositor and shall be distributed    3,832        

to the depositor in the absence of any notification from the       3,833        

director that the depositor is in default on any payment owed to   3,835        

the director.  The director may require the sale of any such       3,837        

bonds to the extent necessary to satisfy any unpaid payments in    3,838        

lieu of contributions, together with any applicable interest or    3,839        

forfeitures provided for in division (B)(5) of this section.  The  3,840        

director shall require the employer within thirty days following   3,842        

any sale of deposited securities, under this subdivision, to       3,843        

deposit additional securities, surety bond, or combination of      3,844        

both, to make whole the employer's security deposit at the         3,845        

approved level.  Any cash remaining from the sale of such          3,846        

securities may, at the discretion of the director, be refunded in  3,847        

whole or in part, or be paid into the unemployment compensation    3,849        

fund to cover future payments required of the organization.        3,850        

      (d)  The required bond or deposit for any nonprofit          3,852        

organization, or group of such organizations approved by the       3,853        

director under division (D) of this section, that is determined    3,855        

                                                          91     


                                                                 
by the director to be liable for payments in lieu of               3,857        

contributions effective beginning on and after January 1, 1996,                 

but prior to January 1, 1998, and the required bond or deposit     3,858        

for any renewed elections under division (C)(2)(b) of this         3,859        

section effective during that period shall not exceed one million  3,860        

two hundred fifty thousand dollars.  The required bond or deposit  3,861        

for any nonprofit organization, or group of such organizations     3,862        

approved by the director under division (D) of this section, that  3,864        

is determined to be liable for payments in lieu of contributions                

effective on and after January 1, 1998, and the required bond or   3,865        

deposit for any renewed elections effective on and after January   3,867        

1, 1998, shall not exceed two million dollars.                                  

      (3)  If any nonprofit organization fails to file a bond or   3,869        

make a deposit, or to file a bond in an increased amount or to     3,870        

make whole the amount of a previously made deposit, as provided    3,871        

under this division, the director may terminate the                3,873        

organization's election to make payments in lieu of contributions  3,874        

effective for the quarter following such failure and the           3,875        

termination shall continue for not less than the remainder of      3,876        

that calendar year and the next calendar year, beginning with the  3,877        

quarter in which the termination becomes effective; except that    3,878        

the director may extend for good cause the applicable filing,      3,881        

deposit, or adjustment period by not more than thirty days.        3,882        

      (D)(1)  Two or more nonprofit organizations that have        3,884        

become liable for payments in lieu of contributions, in            3,885        

accordance with division (A) of this section, may file a joint     3,886        

application to the director for the establishment of the group     3,889        

account for the purpose of sharing the cost of benefits paid that  3,890        

are attributable to service in the employ of those employers.      3,891        

Notwithstanding division (E) of section 4141.242 of the Revised    3,892        

Code, hospitals operated by this state or a political subdivision  3,893        

may participate in a group account with nonprofit organizations    3,894        

under the procedures set forth in this section. Each application   3,895        

shall identify and authorize a group representative to act as the  3,896        

                                                          92     


                                                                 
group's agent for the purposes of this division.                   3,897        

      (2)  Upon the director's approval of the application, the    3,900        

director shall establish a group account for the employers         3,902        

effective as of the beginning of the calendar quarter in which     3,903        

the director receives the application and shall notify the         3,905        

group's representative of the effective date of the account.  The  3,906        

account shall remain in effect for not less than two years and     3,907        

thereafter until terminated by the director or upon application    3,909        

by the group.                                                      3,910        

      (3)  Upon establishment of the account, each member of the   3,912        

group shall be liable, in the event that the group representative  3,913        

fails to pay any bill issued to it pursuant to division (B) of     3,914        

this section, for payments in lieu of contributions with respect   3,915        

to each calendar quarter in the amount that bears the same ratio   3,916        

to the total benefits paid in the quarter that are attributable    3,917        

to service performed in the employ of all members of the group as  3,918        

the total wages paid for service in employment by the member in    3,919        

the quarter bear to the total wages paid during the quarter for    3,920        

service performed in the employ of all members of the group.       3,921        

      (4)  The director shall adopt regulations as considered      3,924        

necessary with respect to the following:  applications for         3,925        

establishment, bonding, maintenance, and termination of group      3,926        

accounts that are authorized by this section; addition of new      3,927        

members to and withdrawal of active members from such accounts;    3,928        

and the determination of the amounts that are payable under this   3,929        

division by the group representative and in the event of default   3,930        

in payment by the group representative, members of the group, and  3,931        

the time and manner of payments.                                   3,932        

      Sec. 4141.25.  (A)  The director of job and family services  3,941        

shall determine as of each computation date the contribution rate  3,943        

of each contributing employer subject to this chapter for the      3,944        

next succeeding contribution period.  The director shall           3,946        

determine a standard rate of contribution or an experience rate    3,947        

for each contributing employer.  Once a rate of contribution has   3,948        

                                                          93     


                                                                 
been established under this section for a contribution period,     3,950        

except as provided in division (D) of section 4141.26 of the       3,951        

Revised Code, that rate shall remain effective throughout such     3,952        

contribution period.  The rate of contribution shall be            3,953        

determined in accordance with the following requirements:          3,954        

      (1)  An employer whose experience does not meet the terms    3,956        

of division (A)(2) of this section shall be assigned a standard    3,957        

rate of contribution.  Effective for contribution periods          3,958        

beginning on and after January 1, 1998, an employer's standard     3,960        

rate of contribution shall be a rate of two and seven-tenths per   3,961        

cent, except that the rate for employers engaged in the            3,962        

construction industry shall be the average contribution rate       3,963        

computed for the construction industry or a rate of two and                     

seven-tenths per cent, whichever is greater.  The standard rate    3,965        

set forth in this division shall be applicable to a nonprofit      3,966        

organization whose election to make payments in lieu of            3,967        

contributions is voluntarily terminated or canceled by the         3,968        

director under section 4141.241 of the Revised Code, and           3,971        

thereafter pays contributions as required by this section.  If     3,972        

such nonprofit organization had been a contributory employer       3,973        

prior to its election to make payments in lieu of contributions,   3,974        

then any prior balance in the contributory account shall become    3,975        

part of the reactivated account.                                   3,976        

      As used in division (A) of this section, "the average        3,979        

contribution rate computed for the construction industry" means                 

the most recent annual average rate attributable to the            3,981        

construction industry as prescribed by the director.               3,982        

      (2)  A contributing employer subject to this chapter shall   3,984        

qualify for an experience rate only if the employer had no more    3,985        

than three THERE HAVE BEEN FOUR consecutive quarters without       3,987        

employment subject to this chapter during the first seven of the   3,989        

eight completed calendar quarters, ENDING ON THE THIRTIETH DAY OF  3,990        

JUNE immediately prior to the computation date, THROUGHOUT WHICH   3,991        

THE EMPLOYER'S ACCOUNT WAS CHARGEABLE WITH BENEFITS.  Upon         3,992        

                                                          94     


                                                                 
meeting the qualifying requirements provided in division (A)(2)    3,994        

of this section, the director shall calculate the total credits    3,996        

to each employer's account consisting of the contributions other   3,997        

than mutualized contributions including all contributions paid     3,998        

prior to the computation date for all past periods plus:           3,999        

      (a)  The contributions owing on the computation date that    4,001        

are paid within thirty days after the computation date, and        4,002        

credited to the employer's account;                                4,003        

      (b)  All voluntary contributions paid by an employer         4,005        

pursuant to division (B) of section 4141.24 of the Revised Code.   4,006        

      (3)  The director also shall determine the benefits which    4,010        

are chargeable to each employer's account and which were paid      4,011        

prior to the computation date with respect to weeks of                          

unemployment ending prior to the computation date.  The director   4,013        

then shall determine the positive or negative balance of each      4,015        

employer's account by calculating the excess of such               4,016        

contributions and interest over the benefits chargeable, or the    4,017        

excess of such benefits over such contributions and interest.                   

Any resulting negative balance then shall be subject to            4,018        

adjustment as provided in division (A)(2) of section 4141.24 of    4,019        

the Revised Code after which the positive or negative balance      4,020        

shall be expressed in terms of a percentage of the employer's      4,021        

average annual payroll.  If the total standing to the credit of    4,022        

an employer's account exceeds the total charges, as provided in    4,023        

this division, the employer has a positive balance and if such     4,024        

charges exceed such credits the employer has a negative balance.   4,025        

Each employer's contribution rate shall then be determined in      4,026        

accordance with the following schedule:                            4,027        

                   Contribution Rate Schedule                      4,028        

     If, as of the computation date            The employer's      4,037        

    the contribution rate balance of        contribution rate for  4,038        

       an employer's account as a           the next succeeding    4,039        

      percentage of the employer's          contribution period    4,040        

       average annual payroll is                  shall be         4,041        

                                                          95     


                                                                 
(a)  A negative balance of                                         4,044        

     20.0% or more                                 6.5%            4,045        

     19.0% but less than           20.0%           6.4%            4,046        

     17.0% but less than           19.0%           6.3%            4,047        

     15.0% but less than           17.0%           6.2%            4,048        

     13.0% but less than           15.0%           6.1%            4,049        

     11.0% but less than           13.0%           6.0%            4,050        

      9.0% but less than           11.0%           5.9%            4,051        

      5.0% but less than            9.0%           5.7%            4,052        

      4.0% but less than            5.0%           5.5%            4,053        

      3.0% but less than            4.0%           5.3%            4,054        

      2.0% but less than            3.0%           5.1%            4,055        

      1.0% but less than            2.0%           4.9%            4,056        

      more than 0.0% but less than  1.0%           4.8%            4,057        

(b)  A 0.0% or a positive                                          4,058        

     balance of less than           1.0%           4.7%            4,059        

(c)  A positive balance of                                         4,060        

      1.0% or more, but less than   1.5%           4.6%            4,061        

      1.5% or more, but less than   2.0%           4.5%            4,062        

      2.0% or more, but less than   2.5%           4.3%            4,063        

      2.5% or more, but less than   3.0%           4.0%            4,064        

      3.0% or more, but less than   3.5%           3.8%            4,065        

      3.5% or more, but less than   4.0%           3.5%            4,066        

      4.0% or more, but less than   4.5%           3.3%            4,067        

      4.5% or more, but less than   5.0%           3.0%            4,068        

      5.0% or more, but less than   5.5%           2.8%            4,069        

      5.5% or more, but less than   6.0%           2.5%            4,070        

      6.0% or more, but less than   6.5%           2.2%            4,071        

      6.5% or more, but less than   7.0%           2.0%            4,072        

      7.0% or more, but less than   7.5%           1.8%            4,073        

      7.5% or more, but less than   8.0%           1.6%            4,074        

      8.0% or more, but less than   8.5%           1.4%            4,075        

      8.5% or more, but less than   9.0%           1.3%            4,076        

      9.0% or more, but less than   9.5%           1.1%            4,077        

                                                          96     


                                                                 
      9.5% or more, but less than  10.0%           1.0%            4,078        

     10.0% or more, but less than  10.5%            .9%            4,079        

     10.5% or more, but less than  11.0%            .7%            4,080        

     11.0% or more, but less than  11.5%            .6%            4,081        

     11.5% or more, but less than  12.0%            .5%            4,082        

     12.0% or more, but less than  12.5%            .4%            4,083        

     12.5% or more, but less than  13.0%            .3%            4,084        

     13.0% or more, but less than  14.0%            .2%            4,085        

     14.0% or more                                  .1%            4,086        

      (d)  The contribution rates shall be as specified in         4,089        

divisions (a), (b), and (c) of the contribution rate schedule      4,090        

except that notwithstanding the amendments made to division (a)    4,091        

of the contribution rate schedule in this section, if, as of the   4,092        

computation date:  for 1991, the negative balance is 5.0% or       4,093        

more, the contribution rate shall be 5.7%; for 1992, if the        4,094        

negative balance is 11.0% or more, the contribution rate shall be  4,095        

6.0%; and for 1993, if the negative balance is 17.0% or more, the  4,096        

contzibution CONTRIBUTION rate shall be 6.3%.  Thereafter, the     4,097        

contribution rates shall be as specified in the contribution rate  4,099        

schedule.                                                                       

      (B)(1)  The director shall establish and maintain a          4,102        

separate account to be known as the "mutualized account."  As of   4,103        

each computation date there shall be charged to this account:      4,104        

      (a)  As provided in division (A)(2) of section 4141.24 of    4,106        

the Revised Code, an amount equal to the sum of that portion of    4,107        

the negative balances of employer accounts which exceeds the       4,108        

applicable limitations as such balances are computed under         4,109        

division (A) of this section as of such date;                      4,110        

      (b)  An amount equal to the sum of the negative balances     4,112        

remaining in employer accounts which have been closed during the   4,113        

year immediately preceding such computation date pursuant to       4,114        

division (E) of section 4141.24 of the Revised Code;               4,115        

      (c)  An amount equal to the sum of all benefits improperly   4,117        

paid preceding such computation date which are not recovered but   4,118        

                                                          97     


                                                                 
which are not charged to an employer's account, or which after     4,119        

being charged, are credited back to an employer's account;         4,120        

      (d)  An amount equal to the sum of any other benefits paid   4,122        

preceding such computation date which, under this chapter, are     4,123        

not chargeable to an employer's account;                           4,124        

      (e)  An amount equal to the sum of any refunds made during   4,126        

the year immediately preceding such computation date of            4,127        

erroneously collected mutualized contributions required by this    4,128        

division which were previously credited to this account;           4,129        

      (f)  An amount equal to the sum of any repayments made to    4,131        

the federal government during the year immediately preceding such  4,132        

computation date of amounts which may have been advanced by it to  4,133        

the unemployment compensation fund under section 1201 of the       4,134        

"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;         4,135        

      (g)  Any amounts appropriated by the general assembly out    4,137        

of funds paid by the federal government, under section 903 of the  4,138        

"Social Security Act," to the account of this state in the         4,139        

federal unemployment trust fund.                                   4,140        

      (2)  As of every computation date there shall be credited    4,142        

to the mutualized account provided for in this division:           4,143        

      (a)  The proceeds of the mutualized contributions as         4,145        

provided in this division;                                         4,146        

      (b)  Any positive balances remaining in employer accounts    4,148        

which are closed as provided in division (E) of section 4141.24    4,149        

of the Revised Code;                                               4,150        

      (c)  Any benefits improperly paid which are recovered but    4,152        

which cannot be credited to an employer's account;                 4,153        

      (d)  All amounts which may be paid by the federal            4,155        

government under section 903 of the "Social Security Act" to the   4,156        

account of this state in the federal unemployment trust fund;      4,157        

      (e)  Amounts advanced by the federal government to the       4,159        

account of this state in the federal unemployment trust fund       4,160        

under section 1201 of the "Social Security Act" to the extent      4,161        

such advances have been repaid to or recovered by the federal      4,162        

                                                          98     


                                                                 
government;                                                        4,163        

      (f)  Interest credited to the Ohio unemployment trust fund   4,165        

as deposited with the secretary of the treasury of the United      4,166        

States.                                                            4,167        

      (3)  Annually, as of the computation date, the director      4,170        

shall determine the total credits and charges made to the          4,172        

mutualized account during the preceding twelve months and the      4,173        

overall condition of the account.  The director shall issue an     4,175        

annual statement containing this information and such other        4,176        

information as the director deems pertinent, including a report    4,178        

that the sum of the balances in the mutualized account,            4,180        

employers' accounts, and any subsidiary accounts equal the         4,181        

balance in the state's unemployment trust fund maintained under    4,182        

section 904 of the "Social Security Act."                          4,183        

      (4)  As used in this division:                               4,185        

      (a)  "Fund as of the computation date" means as of any       4,187        

computation date, the aggregate amount of the unemployment         4,188        

compensation fund, including all contributions owing on the        4,189        

computation date that are paid within thirty days thereafter, all  4,190        

payments in lieu of contributions that are paid within sixty days  4,191        

after the computation date, all reimbursements of the federal      4,192        

share of extended benefits described in section 4141.301 of the    4,193        

Revised Code that are owing on the computation date, and all       4,194        

interest earned by the fund and received on or before the          4,195        

computation date from the federal government.                      4,196        

      (b)  "Minimum safe level" means an amount equal to two       4,198        

standard deviations above the average of the adjusted annual       4,199        

average unemployment compensation benefit payment from 1970 to     4,200        

the most recent calendar year prior to the computation date, as    4,201        

determined by the director pursuant to division (B)(4)(b) of this  4,204        

section.  To determine the adjusted annual payment of                           

unemployment compensation benefits, the director first shall       4,206        

multiply the number of weeks compensated during each calendar      4,207        

year beginning with 1970 by the most recent annual average weekly  4,208        

                                                          99     


                                                                 
unemployment compensation benefit payment and then compute the     4,209        

average and standard deviation of the resultant products.          4,210        

      (c)  "Annual average weekly unemployment compensation        4,212        

benefit payment" means the amount resulting from dividing the      4,213        

unemployment compensation benefits paid from the benefit account   4,214        

maintained within the unemployment compensation fund pursuant to   4,215        

section 4141.09 of the Revised Code, by the number of weeks        4,216        

compensated during the same time period.                           4,217        

      (5)  If, as of any computation date, the charges to the      4,219        

mutualized account during the entire period subsequent to the      4,220        

computation date, July 1, 1966, made in accordance with division   4,221        

(B)(1) of this section, exceed the credits to such account         4,222        

including mutualized contributions during such period, made in     4,223        

accordance with division (B)(2) of this section, the amount of     4,225        

such excess charges shall be recovered during the next             4,226        

contribution period.  To recover such amount, the director shall   4,228        

compute the percentage ratio of such excess charges to the         4,229        

average annual payroll of all employers eligible for an            4,230        

experience rate under division (A) of this section.  The           4,231        

percentage so determined shall be computed to the nearest tenth    4,232        

of one per cent and shall be an additional contribution rate to    4,233        

be applied to the wages paid by each employer whose rate is        4,234        

computed under the provisions of division (A) of this section in   4,236        

the contribution period next following such computation date, but  4,237        

such percentage shall not exceed five-tenths of one per cent;      4,238        

however, when there are any excess charges in the mutualized       4,239        

account, as computed in this division, then the mutualized         4,240        

contribution rate shall not be less than one-tenth of one per      4,241        

cent.                                                              4,242        

      (6)  If the fund as of the computation date is above or      4,244        

below minimum safe level, the contribution rates provided for in   4,245        

each classification in division (A)(3) of this section for the     4,247        

next contribution period shall be adjusted as follows:                          

      (a)  If the fund is thirty per cent or more above minimum    4,249        

                                                          100    


                                                                 
safe level, the contribution rates provided in division (A)(3) of  4,251        

this section shall be decreased two-tenths of one per cent.        4,252        

      (b)  If the fund is more than fifteen per cent but less      4,254        

than thirty per cent above minimum safe level, the contribution    4,255        

rates provided in division (A)(3) of this section shall be         4,256        

decreased one-tenth of one per cent.                               4,257        

      (c)  If the fund is more than fifteen per cent but less      4,259        

than thirty per cent below minimum safe level, the contribution    4,260        

rates of all employers shall be increased twenty-five              4,261        

one-thousandths of one per cent plus a per cent increase           4,262        

calculated and rounded pursuant to division (B)(6)(g) of this      4,264        

section.                                                                        

      (d)  If the fund is more than thirty per cent but less than  4,266        

forty-five per cent below minimum safe level, the contribution     4,267        

rates of all employers shall be increased seventy-five             4,268        

one-thousandths of one per cent plus a per cent increase           4,269        

calculated and rounded pursuant to division (B)(6)(g) of this      4,271        

section.                                                                        

      (e)  If the fund is more than forty-five per cent but less   4,273        

than sixty per cent below minimum safe level, the contribution     4,274        

rates of all employers shall be increased one-eighth of one per    4,275        

cent plus a per cent increase calculated and rounded pursuant to   4,276        

division (B)(6)(g) of this section.                                4,277        

      (f)  If the fund is sixty per cent or more below minimum     4,279        

safe level, the contribution rates of all employers shall be       4,280        

increased two-tenths of one per cent plus a per cent increase      4,281        

calculated and rounded pursuant to division (B)(6)(g) of this      4,283        

section.                                                                        

      (g)  The additional per cent increase in contribution rates  4,285        

required by divisions (B)(6)(c), (d), (e), and (f) of this         4,286        

section that is payable by each individual employer shall be       4,287        

calculated in the following manner.  The flat rate increase        4,288        

required by a particular division shall be multiplied by three     4,289        

and the product divided by the average experienced-rated           4,290        

                                                          101    


                                                                 
contribution rate for all employers as determined by the director  4,292        

for the most recent calendar year.  The resulting quotient shall   4,294        

be multiplied by an individual employer's contribution rate        4,295        

determined pursuant to division (A)(3) of this section.  The       4,297        

resulting product shall be rounded to the nearest tenth of one     4,298        

per cent, added to the flat rate increase required by division     4,299        

(B)(6)(c), (d), (e), or (f) of this section, as appropriate, and   4,300        

the total shall be rounded to the nearest tenth of one per cent.   4,301        

As used in division (B)(6)(g) of this section, the "average        4,303        

experienced-rated contribution rate" means the most recent annual  4,304        

average contribution rate reported by the director contained in    4,306        

report RS 203.2 less the mutualized and minimum safe level         4,307        

contribution rates included in such rate.                                       

      (h)  If any of the increased contribution rates of division  4,309        

(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate  4,311        

shall remain in effect for the calendar year in which it is        4,312        

imposed and for each calendar year thereafter until the director   4,314        

determines as of the computation date for calendar year 1991 and   4,316        

as of the computation date for any calendar year thereafter        4,317        

pursuant to this section, that the level of the unemployment       4,318        

compensation fund equals or exceeds the minimum safe level as      4,319        

defined in division (B)(4)(b) of this section.  Nothing in         4,321        

division (B)(6)(h) of this section shall be construed as                        

restricting the imposition of the increased contribution rates     4,322        

provided in divisions (B)(6)(c), (d), (e), and (f) of this         4,323        

section if the fund falls below the percentage of the minimum      4,324        

safe level as specified in those divisions.                        4,325        

      (7)  The additional contributions required by division       4,327        

(B)(5) of this section shall be credited to the mutualized         4,328        

account.  The additional contributions required by division        4,329        

(B)(6) of this section shall be credited fifty per cent to         4,330        

individual employer accounts and fifty per cent to the mutualized  4,331        

account.                                                           4,332        

      (C)  If an employer makes a payment of contributions which   4,334        

                                                          102    


                                                                 
is less than the full amount required by divisions (A) and (B) of  4,336        

this section, such partial payment shall be applied first against  4,337        

the mutualized contributions required under division (B) of this   4,339        

section, including the additional contributions required under     4,340        

division (B)(6) of this section.  Any remaining partial payment    4,342        

shall be credited to the employer's individual account.            4,343        

      (D)  Whenever there are any increases in contributions       4,345        

resulting from an increase in wages subject to contributions as    4,346        

defined in division (G) of section 4141.01 of the Revised Code,    4,347        

or from an increase in the mutualized rate of contributions        4,348        

provided in division (B) of this section, or from a revision of    4,350        

the contribution rate schedule provided in division (A) of this    4,352        

section, except for that portion of the increase attributable to   4,353        

a change in the positive or negative balance in an employer's      4,354        

account, which increases become effective after a contract for     4,355        

the construction of real property, as defined in section 5701.02   4,356        

of the Revised Code, has been entered into, the contractee upon    4,357        

written notice by a prime contractor shall reimburse the           4,358        

contractor for all increased contributions paid by the prime       4,359        

contractor or by subcontractors upon wages for services performed  4,360        

under the contract.  Upon reimbursement by the contractee to the   4,361        

prime contractor, the prime contractor shall reimburse each        4,362        

subcontractor for the increased contributions.                     4,363        

      (E)  Effective only for the contribution period beginning    4,365        

on January 1, 1996, and ending on December 31, 1996, mutualized    4,366        

contributions collected or received by the director pursuant to    4,367        

division (B)(5) of this section and amounts credited to the        4,369        

mutualized account pursuant to division (B)(7) of this section     4,370        

shall be deposited into or credited to the unemployment            4,372        

compensation benefit reserve fund that is created under division   4,373        

(F) of this section, except that amounts collected, received, or   4,374        

credited in excess of two hundred million dollars shall be         4,375        

deposited into or credited to the unemployment trust fund          4,376        

established pursuant to section 4141.09 of the Revised Code.       4,378        

                                                          103    


                                                                 
      (F)  The state unemployment compensation benefit reserve     4,381        

fund is hereby created as a trust fund in the custody of the                    

treasurer of state and shall not be part of the state treasury.    4,382        

The fund shall consist of all moneys collected or received as      4,384        

mutualized contributions pursuant to division (B)(5) of this       4,385        

section and amounts credited to the mutualized account pursuant    4,386        

to division (B)(7) of this section as provided by division (E) of  4,388        

this section.  All moneys in the fund shall be used solely to pay  4,390        

unemployment compensation benefits in the event that funds are no  4,391        

longer available for that purpose from the unemployment trust      4,392        

fund established pursuant to section 4141.09 of the Revised Code.  4,393        

      (G)  The balance in the unemployment compensation benefit    4,395        

reserve fund remaining at the end of the contribution period       4,397        

beginning January 1, 2000, and any mutualized contribution         4,398        

amounts for the contribution period beginning on January 1, 1996,  4,399        

that may be received after December 31, 2000, shall be deposited   4,400        

into the unemployment trust fund established pursuant to section   4,401        

4141.09 of the Revised Code.  Income earned on moneys in the       4,403        

state unemployment compensation benefit reserve fund shall be      4,404        

available for use by the director only for the purposes described  4,405        

in division (I) of this section, and shall not be used for any     4,407        

other purpose.                                                                  

      (H)  The unemployment compensation benefit reserve fund      4,409        

balance shall be added to the unemployment trust fund balance in   4,411        

determining the minimum safe level tax to be imposed pursuant to   4,412        

division (B) of this section and shall be included in the          4,414        

mutualized account balance for the purpose of determining the      4,415        

mutualized contribution rate pursuant to division (B)(5) of this   4,416        

section.                                                                        

      (I)  All income earned on moneys in the unemployment         4,418        

compensation benefit reserve fund from the investment of the fund  4,420        

by the treasurer of state shall accrue to the department of job    4,422        

and family services automation administration fund, which is       4,423        

hereby established in the state treasury.  Moneys within the       4,424        

                                                          104    


                                                                 
automation administration fund shall be used to meet the costs     4,426        

related to automation of the department and the administrative     4,427        

costs related to collecting and accounting for unemployment        4,428        

compensation benefit reserve fund revenue.  Any funds remaining    4,429        

in the automation administration fund upon completion of the       4,430        

department's automation projects that are funded by that fund      4,432        

shall be deposited into the unemployment trust fund established    4,433        

pursuant to section 4141.09 of the Revised Code.                   4,434        

      (J)  The director shall prepare and submit monthly reports   4,437        

to the unemployment compensation advisory commission with respect  4,438        

to the status of efforts to collect and account for unemployment   4,439        

compensation benefit reserve fund revenue and the costs related    4,440        

to collecting and accounting for that revenue.  The director       4,441        

shall obtain approval from the unemployment compensation advisory  4,442        

commission for expenditure of funds from the department of job     4,444        

and family services automation administration fund.  Funds may be  4,445        

approved for expenditure for purposes set forth in division (I)    4,446        

of this section only to the extent that federal or other funds     4,448        

are not available.                                                              

      Sec. 4141.28.  (A)  Applications for determination of        4,457        

benefit rights and claims for benefits shall be filed with a       4,458        

deputy of the director of job and family services designated for   4,460        

the purpose.  Such applications and claims may also be filed with  4,461        

an employee of another state or federal agency charged with the    4,462        

duty of accepting applications and claims for unemployment                      

benefits or with an employee of the unemployment insurance         4,463        

commission of Canada.                                              4,464        

      When a former employee of a state agency, board, or          4,466        

commission that has terminated its operations files an             4,467        

application under this division, the former employee shall give    4,468        

notice that the agency, board, or commission has terminated its    4,469        

operations.  All notices or information required to be sent under  4,470        

this chapter to or furnished by the applicant's employer shall be  4,471        

sent to or furnished by the director of administrative services.   4,472        

                                                          105    


                                                                 
      (B)(1)  When an unemployed individual files an application   4,474        

for determination of benefit rights, the director of job and       4,476        

family services shall furnish the individual with the information  4,477        

specified in division (A) of section 4141.321 of the Revised Code  4,478        

and with a pamphlet giving instructions for the steps an           4,480        

applicant may take if the applicant's claim for benefits is        4,481        

disallowed.  The pamphlet INSTRUCTIONS shall state the             4,482        

applicant's right of appeal, clearly describe the different        4,484        

levels of appeal, and explain where and when each appeal must be   4,485        

filed.  In filing an application, the individual shall, for the    4,486        

individual's most recent employment, furnish the director with     4,487        

either:                                                                         

      (a)  The information furnished by the employer as provided   4,489        

for in division (B)(2) of this section;                            4,490        

      (b)  The name and address of the employer for whom the       4,492        

individual performed services and the individual's written         4,493        

statement of the reason for separation from the employer.          4,494        

      Where the claimant has furnished information in accordance   4,496        

with division (B)(1)(b) of this section, the director shall        4,497        

promptly send a notice in writing that such filing has been made   4,498        

to the individual's most recent separating employer, which notice  4,499        

shall request from the employer the reason for the individual's    4,500        

unemployment, EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN  4,501        

DIVISION (B)(5) OF THIS SECTION.  The director also may request    4,504        

from any base period employer information necessary for the        4,505        

determination of the claimant's rights to benefits.  Information   4,506        

as to the reason for unemployment preceding an additional claim    4,508        

shall be obtained in the same manner.  Requests                                 

      REQUESTS for such information shall be dated by the          4,511        

director with the date on which they are mailed.  If the employer  4,512        

fails to mail or deliver such information within ten working days  4,513        

from the date the director mailed and dated such request, and if   4,515        

necessary to assure prompt payment of benefits when due, the       4,516        

director shall make the determination, and shall base the          4,518        

                                                          106    


                                                                 
determination on such information as is available to the                        

director, which shall include the claimant's statement made under  4,520        

division (B)(1)(b) of this section.  The                           4,521        

      THE determination, as it relates to the claimant's           4,524        

determination of benefit rights, shall be amended upon receipt of  4,525        

correct remuneration information at any time within the benefit    4,526        

year and any benefits paid and charged to an employer's account    4,527        

prior to the receipt of such information shall be adjusted,        4,528        

effective as of the beginning of the claimant's benefit year.      4,529        

      (2)  An employer who separates within any seven-day period   4,531        

fifty or more individuals because of lack of work, and these       4,532        

individuals upon separation will be unemployed as defined in       4,533        

division (R) of section 4141.01 of the Revised Code, shall         4,534        

furnish notice to the director of the dates of separation and the  4,536        

approximate number of individuals being separated.  The notice     4,537        

shall be furnished at least three working days prior to the date   4,538        

of the first day of such separations.  In addition, at the time    4,539        

of separation the employer shall furnish to the individual being   4,540        

separated or to the director separation information necessary to   4,541        

determine the individual's eligibility, on forms and in a manner   4,542        

approved by the director.                                                       

      An employer who operates multiple business establishments    4,544        

at which both the effective authority for hiring and separation    4,545        

of employees and payroll information is located and who, because   4,546        

of lack of work, separates a total of fifty or more individuals    4,547        

at two or more business establishments is exempt from the first    4,548        

paragraph of division (B)(2) of this section.  This paragraph      4,549        

shall not be construed to relieve an employer who operates         4,550        

multiple business establishments from complying with division      4,551        

(B)(2) of this section where the employer separates fifty or more  4,552        

individuals at any business establishment within a seven-day       4,553        

period.                                                            4,554        

      An employer of individuals engaged in connection with the    4,556        

commercial canning or commercial freezing of fruits and            4,557        

                                                          107    


                                                                 
vegetables is exempt from the provision of division (B)(2) of      4,558        

this section that requires an employer to furnish notice of        4,559        

separation at least three working days prior to the date of the    4,560        

first day of such separations.                                     4,561        

      (3)  Where an individual at the time of filing an            4,563        

application for determination of benefit rights furnishes          4,564        

separation information provided by the employer or where the       4,565        

employer has provided the director with the information in         4,566        

accordance with division (B)(2) of this section, the director      4,568        

shall make a determination of eligibility on the basis of the      4,569        

information furnished.  The director shall promptly notify all     4,570        

interested parties under division (D)(1) of this section of the    4,571        

determination.                                                                  

      (4)  Where an employer has furnished separation information  4,573        

under division (B)(2) of this section which is insufficient to     4,574        

enable the director to make a determination of a claim for         4,575        

benefits of an individual, or where the individual fails at the    4,576        

time of filing an application for determination of benefit rights  4,577        

to produce the separation information furnished by an employer,    4,578        

the director shall follow the provisions specified in division     4,580        

(B)(1) of this section.                                                         

      (5)  THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED     4,582        

UNDER DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS   4,583        

TRUE WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR               4,584        

DETERMINATION OF BENEFIT RIGHTS:                                   4,585        

      (a)  THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A  4,587        

PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE    4,588        

DISQUALIFIED FROM RECEIVING BENEFITS;                              4,589        

      (b)  THE INDIVIDUAL'S EMPLOYER INDICATES TO THE              4,591        

ADMINISTRATOR THAT THE NOTICE IS NOT NEEDED;                       4,592        

      (c)  THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE  4,594        

INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK,  4,595        

THE ADMINISTRATOR RECEIVED INFORMATION REGARDING THE SEPARATIONS   4,597        

PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND THE REASON FOR    4,598        

                                                          108    


                                                                 
THE SEPARATION IS NOT DISPUTED.                                                 

      (C)  The director shall promptly examine any application     4,601        

for determination of benefit rights filed, and on the basis of     4,602        

any facts found by the director shall determine whether or not     4,603        

the application is valid, and if valid, the date on which the      4,604        

benefit year shall commence and the weekly benefit amount.  The    4,605        

claimant, the most recent employer, and any other employer in the  4,606        

claimant's base period shall promptly be notified of the           4,607        

determination and the reasons therefor.  In addition, the          4,608        

determination issued to the claimant shall include the total       4,609        

amount of benefits payable, and the determination issued to each   4,610        

chargeable base period employer shall include the total amount of  4,611        

benefits which may be charged to the employer's account.           4,612        

      (D)(1)  The director shall examine the first claim for       4,615        

benefits filed in any benefit year, and any additional claim, and  4,616        

on the basis of any facts found by the director shall determine    4,617        

whether division (D) of section 4141.29 of the Revised Code is     4,618        

applicable to the claimant's most recent separation and, to the    4,619        

extent necessary, prior separations from work, and whether the     4,620        

separation reason is qualifying or disqualifying for the ensuing   4,621        

period of unemployment.  Notice of such determination shall be     4,622        

mailed to the claimant, the claimant's most recent separating      4,623        

employer, and any other employer involved in the determination.    4,624        

      (a)  Whenever the director has reason to believe that the    4,627        

unemployment of twenty-five or more individuals relates to a                    

labor dispute, the director, within five calendar days after       4,629        

their claims are filed, shall schedule a hearing concerning the                 

reason for unemployment.  Notice of the hearing shall be sent to   4,630        

all interested parties, including the duly authorized              4,631        

representative of the parties, as provided in division (D)(1) of   4,632        

this section.  The hearing date shall be scheduled so as to        4,633        

provide at least ten days' prior notice of the time and date of    4,634        

the hearing.  A similar hearing, in such cases, may be scheduled   4,635        

when there is a dispute as to the duration or ending date of the   4,636        

                                                          109    


                                                                 
labor dispute.                                                     4,637        

      (b)  The director shall appoint a hearing officer to         4,639        

conduct the hearing of the case under division (D)(1)(a) of this   4,640        

section.  The hearing officer is not bound by common law or        4,641        

statutory rules of evidence or by technical or formal rules of     4,642        

procedure, but shall take any steps that are reasonable and        4,643        

necessary to obtain the facts and determine whether the claimants  4,644        

are entitled to benefits under the law.  The failure of any        4,645        

interested party to appear at the hearing shall not preclude a     4,646        

decision based upon all the facts available to the hearing         4,647        

officer.  The proceeding at the hearing shall be recorded by       4,648        

mechanical means or by other means prescribed by the director.     4,650        

The record need not be transcribed unless an application for       4,651        

appeal is filed on the decision and the chairperson of the         4,652        

unemployment compensation review commission requests a transcript  4,653        

of the hearing within fourteen days after the application for      4,654        

appeal is received by the commission.  The director shall          4,655        

prescribe rules concerning the conduct of the hearings and all     4,657        

related matters and appoint an attorney to direct the operation    4,658        

of this function.                                                               

      (c)  The director shall issue the hearing officer's          4,660        

decisions and reasons therefor on the case within ten calendar     4,661        

days after the hearing.  The hearing officer's decision issued by  4,662        

the director is final unless an application for appeal is filed    4,664        

with the review commission within twenty-one days after the        4,665        

decision was mailed to all interested parties.  The director,      4,666        

within the twenty-one-day appeal period, may remove and vacate     4,668        

the decision and issue a revised determination and appeal date.    4,669        

      (d)  Upon receipt of the application for appeal, the full    4,671        

review commission shall review the director's decision and either  4,674        

schedule a further hearing on the case or disallow the                          

application.  The review commission shall review the director's    4,676        

decision within fourteen days after receipt of the decision or     4,678        

the receipt of a transcript requested under division (D)(1)(b) of  4,679        

                                                          110    


                                                                 
this section, whichever is later.                                               

      (i)  When a further hearing is granted, the commission       4,681        

shall make the director's decision and record of the case, as      4,684        

certified by the director, a part of the record and shall          4,686        

consider the director's decision and record in arriving at a       4,688        

decision on the case.  The commission's decision affirming,        4,690        

modifying, or reversing the director's decision, following the     4,692        

further appeal, shall be mailed to all interested parties within   4,693        

fourteen days after the hearing.                                   4,694        

      (ii)  A decision of the disallowance of a further appeal     4,696        

shall be mailed to all interested parties within fourteen days     4,697        

after the commission makes the decision to disallow.  The          4,698        

disallowance is deemed an affirmation of the director's decision.  4,701        

      (iii)  The time limits specified in divisions (D)(1)(a),     4,703        

(b), (c), and (d) of this section may be extended by agreement of  4,704        

all interested parties or for cause beyond the control of the      4,705        

director or the commission.                                        4,706        

      (e)  An appeal of the commission's decision issued under     4,708        

division (D)(1)(d) of this section may be taken to the court of    4,709        

common pleas as provided in division (O) of this section.          4,710        

      (f)  A labor dispute decision involving fewer than           4,712        

twenty-five individuals shall be determined under division (D)(1)  4,713        

of this section and the review commission shall determine any      4,715        

appeal from the decision pursuant to division (M) of this section  4,716        

and within the time limits provided in division (D)(1)(d) of this  4,717        

section.                                                           4,718        

      (2)  The determination of a first or additional claim,       4,720        

including the reasons therefor, shall be mailed to the claimant,   4,721        

the claimant's most recent separating employer, and any other      4,722        

employer involved in the determination.                            4,723        

      When the determination of a continued claim results in a     4,726        

disallowed claim, the director shall notify the claimant of such   4,727        

disallowance and the reasons therefor.                                          

      (3)  Where the claim for benefits is directly attributable   4,729        

                                                          111    


                                                                 
to unemployment caused by a major disaster, as declared by the     4,730        

president of the United States pursuant to the "Disaster Relief    4,731        

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  4,732        

filing the claim would otherwise have been eligible for disaster   4,733        

unemployment assistance under that act, then upon application by   4,734        

the employer any benefits paid on the claim shall not be charged   4,735        

to the account of the employer who would have been charged on      4,736        

such claim but instead shall be charged to the mutualized account  4,737        

described in section 4141.25 of the Revised Code, provided that    4,738        

this division is not applicable to an employer electing            4,739        

reimbursing status under section 4141.241 of the Revised Code,     4,740        

except reimbursing employers for whom benefit charges are charged  4,741        

to the mutualized account pursuant to division (D)(2) of section   4,743        

4141.24 of the Revised Code.                                       4,744        

      (4)(a)  An individual filing a new claim for unemployment    4,746        

compensation shall disclose, at the time of filing, whether or     4,747        

not the individual owes child support obligations.  In such a      4,748        

case, the director shall notify the appropriate work unit within   4,750        

the department or the local child support enforcement agency       4,751        

enforcing the obligation only if the claimant has been determined  4,752        

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:                                               4,757        

      (i)  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       4,761        

Act," as amended by the "Personal Responsibility and Work          4,762        

Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42        4,763        

U.S.C. 659, and properly served upon the director, as described    4,764        

in division (D)(4)(c) of this section; or                          4,765        

      (ii)  Where division (D)(4)(b)(i) of this section is         4,767        

inapplicable, in the amount determined pursuant to an agreement    4,768        

submitted to the director under section 454(19)(B)(i) of the       4,770        

                                                          112    


                                                                 
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,                

by the state or local child support enforcement agency; or         4,771        

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     4,773        

section is applicable, then in the amount specified by the         4,774        

individual.                                                        4,775        

      (c)  The director shall receive all legal process described  4,778        

in division (D)(4)(b)(i) of this section from each local child     4,779        

support enforcement agency, which legal process was issued by the  4,780        

agency under section 2301.371 of the Revised Code or otherwise     4,781        

was issued by the agency.                                          4,782        

      (d)  The amount of unemployment compensation subject to      4,784        

being withheld pursuant to division (D)(4)(b) of this section is   4,785        

that amount which remains payable to the individual after          4,786        

application of any recoupment provisions for recovery of           4,787        

overpayments and after deductions which have been made under this  4,788        

chapter for deductible income received by the individual.          4,789        

Effective for applications to establish unemployment compensation  4,790        

benefit rights filed after December 27, 1997, the amount withheld  4,791        

with respect to a week of unemployment benefits shall not exceed   4,792        

fifty per cent of the individual's weekly benefit amount as        4,793        

determined by the director.                                                     

      (e)  Any amount deducted and withheld under division         4,795        

(D)(4)(b) of this section shall be paid to the appropriate state   4,796        

or local child support enforcement agency in the following         4,797        

manner:                                                            4,798        

      (i)  The director shall determine the amounts that are to    4,801        

be deducted and withheld on a per county basis.                                 

      (ii)  For each county, the director shall forward to the     4,805        

local child support enforcement agency of the county, the amount                

determined for that county under division (D)(4)(e)(i) of this     4,808        

section for disbursement to the obligees or assignees of such      4,809        

support obligations.                                               4,810        

      (f)  Any amount deducted and withheld under division         4,812        

(D)(4)(b) of this section shall for all purposes be treated as if  4,813        

                                                          113    


                                                                 
it were paid to the individual as unemployment compensation and    4,814        

paid by the individual to the state or local child support agency  4,815        

in satisfaction of the individual's child support obligations.     4,816        

      (g)  Division (D)(4) of this section applies only if         4,818        

appropriate arrangements have been made for reimbursement by the   4,819        

state or local child support enforcement agency for the            4,820        

administrative costs incurred by the director under this section   4,822        

which are associated with or attributable to child support         4,823        

obligations being enforced by the state or local child support     4,824        

enforcement agency.                                                             

      (h)  As used in division (D)(4) of this section:             4,826        

      (i)  "Child support obligations" means only obligations      4,828        

which are being enforced pursuant to a plan described in section   4,829        

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    4,830        

as amended, which has been approved by the United States           4,831        

secretary of health and human services under part D of Title IV    4,832        

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     4,833        

amended.                                                           4,834        

      (ii)  "State child support enforcement agency" means the     4,836        

work unit within the department of job and family services, or     4,838        

the state agency of another state, designated as the single state  4,840        

agency for the administration of the program of child support      4,841        

enforcement pursuant to part D of Title IV of the "Social          4,842        

Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.           4,843        

      (iii)  "Local child support enforcement agency" means a      4,845        

child support enforcement agency or any other agency of a          4,846        

political subdivision of the state operating pursuant to a plan    4,847        

mentioned in division (D)(4)(h)(i) of this section.                4,848        

      (iv)  "Unemployment compensation" means any compensation     4,850        

payable under this chapter including amounts payable by the        4,851        

director pursuant to an agreement under any federal law providing  4,854        

for compensation, assistance, or allowances with respect to        4,855        

unemployment.                                                                   

      (E)(1)  Any base period or subsequent employer of a          4,857        

                                                          114    


                                                                 
claimant who has knowledge of specific facts affecting such        4,858        

claimant's right to receive benefits for any week may notify the   4,859        

director in writing of such facts.  The director shall prescribe   4,862        

a form to be used for such eligibility notice, but failure to use  4,863        

the prescribed form shall not preclude the director's examination  4,864        

of any notice.                                                                  

      (2)  An eligibility notice is timely filed if received by    4,866        

the director or postmarked prior to or within forty-five calendar  4,868        

days after the end of the week with respect to which a claim for   4,869        

benefits is filed by the claimant.  An employer who does not       4,870        

timely file an eligibility notice shall not be an interested       4,871        

party with respect to the claim for benefits which is the subject  4,872        

of the notice.                                                                  

      (3)  The director shall consider the information contained   4,875        

in the eligibility notice, together with other facts found by the  4,876        

director and, after giving notice to the claimant, shall           4,877        

determine, unless a prior determination on the same eligibility    4,878        

issue has become final, whether such claim shall be allowed or     4,879        

disallowed, and shall mail notice of such determination to the     4,881        

notifying employer who timely filed the eligibility notice, to     4,882        

the claimant, and to other interested parties.  If the             4,883        

determination disallows benefits for any week in question, the     4,884        

payment of benefits with respect to that week shall be withheld    4,886        

pending further appeal, or an overpayment order shall be issued    4,887        

by the director as prescribed in section 4141.35 of the Revised    4,888        

Code, if applicable.                                               4,889        

      (F)  In making determinations, the director shall follow     4,892        

decisions of the unemployment compensation review commission       4,893        

which have become final with respect to claimants similarly        4,894        

situated.                                                                       

      (G)(1)  Until October 1, 1998, any interested party          4,897        

notified of a determination of an application for determination    4,898        

of benefit rights or a claim for benefits may, within twenty-one   4,899        

calendar days after the notice was mailed to the party's last      4,900        

                                                          115    


                                                                 
known post-office address, apply in writing for a reconsideration  4,901        

of the director's determination.                                   4,902        

      On and after October 1, 1998, any ANY party notified of a    4,905        

determination may appeal within twenty-one calendar days after     4,906        

notice was mailed to the party's last known post-office address    4,907        

or within an extended period pursuant to division (Q)(P) of this   4,909        

section.  Upon receipt of the appeal, the director either shall    4,911        

issue a redetermination within twenty-one days of receipt or       4,912        

transfer the appeal to the commission, which shall acquire         4,913        

jurisdiction over the appeal.  If the director issues a            4,915        

redetermination, the redetermination shall void the prior          4,916        

determination.  A redetermination under this section is                         

appealable to the same extent that a determination is appealable.  4,918        

      (2)  If the director finds within the benefit year that the  4,921        

determination was erroneous due to an error in an employer's       4,922        

report other than a report to correct remuneration information as  4,923        

provided in division (B) of this section or any typographical or   4,924        

clerical error in the director's determination, the director       4,926        

shall issue a corrected determination to all interested parties,   4,928        

which determination shall take precedence over and void the prior  4,930        

determination of the director, provided no appeal has been filed   4,931        

with the commission.                                                            

      (3)  If benefits are allowed by the director in a            4,934        

determination, or in a decision by a hearing officer, the review   4,935        

commission, or a court, the benefits shall be paid promptly,       4,936        

notwithstanding any further appeal, provided that if benefits are  4,937        

denied on appeal, of which the parties have notice and an          4,938        

opportunity to be heard, the payment of benefits shall be          4,940        

withheld pending a decision on any further appeal.                 4,941        

      (4)  Any benefits paid to a claimant under this section      4,943        

prior to a final determination of the claimant's right to the      4,944        

benefits shall be charged to the employer's account as provided    4,946        

in division (D) of section 4141.24 of the Revised Code, provided   4,947        

that if there is no final determination of the claim by the        4,948        

                                                          116    


                                                                 
subsequent thirtieth day of June, the employer's account will be   4,949        

credited with the total amount of benefits which has been paid     4,950        

prior to that date, based on the determination which has not       4,951        

become final.  The total amount credited to the employer's         4,952        

account shall be charged to a suspense account which shall be      4,953        

maintained as a separate bookkeeping account and administered as   4,954        

a part of section 4141.24 of the Revised Code, and shall not be    4,955        

used in determining the account balance of the employer for the    4,956        

purpose of computing the employer's contribution rate under        4,957        

section 4141.25 of the Revised Code.  If it is finally determined  4,958        

that the claimant is entitled to all or a part of the benefits in  4,959        

dispute, the suspense account shall be credited and the            4,960        

appropriate employer's account charged with the benefits.  If it   4,961        

is finally determined that the claimant is not entitled to all or  4,962        

any portion of the benefits in dispute, the benefits shall be      4,963        

credited to the suspense account and a corresponding charge made   4,964        

to the mutualized account established in division (B) of section   4,965        

4141.25 of the Revised Code, provided that, except as otherwise    4,967        

provided in this division, if benefits are chargeable to an        4,968        

employer or group of employers who is required or elects to make   4,969        

payments to the fund in lieu of contributions under section        4,970        

4141.241 of the Revised Code, the benefits shall be charged to     4,971        

the employer's account in the manner provided in division (D) of   4,972        

section 4141.24 and division (B) of section 4141.241 of the        4,973        

Revised Code, and no part of the benefits may be charged to the    4,974        

suspense account provided in this division.  To the extent that    4,975        

benefits which have been paid to a claimant and charged to the     4,976        

employer's account are found not to be due the claimant and are    4,977        

recovered by the director as provided in section 4141.35 of the    4,978        

Revised Code, they shall be credited to the employer's account.    4,979        

      (H)  Until October 1, 1998, any interested party may appeal  4,982        

the director's decision on reconsideration to the commission and   4,983        

unless an appeal is filed from such decision on reconsideration    4,985        

with the commission within twenty-one calendar days after such     4,987        

                                                          117    


                                                                 
decision was mailed to the last known post-office address of the   4,988        

appellant, or within an extended period pursuant to division (Q)   4,989        

of this section, such decision on reconsideration is final and     4,990        

benefits shall be paid or denied in accordance therewith.  The     4,991        

date of the mailing provided by the director on determination or   4,993        

decision on reconsideration is sufficient evidence upon which to   4,994        

conclude that the determination or decision on reconsideration                  

was mailed on that date.                                           4,995        

      On and after October 1, 1998, the THE date of the mailing    4,998        

provided by the director on the determination or redetermination   4,999        

is sufficient evidence upon which to conclude that the             5,000        

determination or redetermination was mailed on that date.          5,001        

      (I)  Appeals may be filed with the director, commission,     5,004        

with an employee of another state or federal agency charged with   5,006        

the duty of accepting claims, or with the unemployment insurance   5,008        

commission of Canada.                                                           

      (1)  Any timely written notice that the interested party     5,011        

desires to appeal shall be accepted.                                            

      (2)  The director, commission, or authorized agent must      5,013        

receive the appeal within the specified appeal period in order     5,015        

for the appeal to be deemed timely filed, except that:             5,016        

      (a)  If the United States postal service is used as the      5,018        

means of delivery, the enclosing envelope must have a postmark     5,019        

date, as governed by United States postal regulations, that is on  5,020        

or before the last day of the specified appeal period; and         5,021        

      (b)  Where the postmark date is illegible or missing, the    5,023        

appeal is timely filed if received no later than the end of the    5,025        

third calendar day following the last day of the specified appeal  5,026        

period.                                                                         

      (3)  The director may adopt rules pertaining to alternate    5,028        

methods of filing appeals.                                         5,029        

      (J)  When an appeal from a determination of the director is  5,033        

taken to the commission at the hearing officer level, all          5,034        

interested parties shall be notified and the commission, after     5,037        

                                                          118    


                                                                 
affording such parties reasonable opportunity for a fair hearing,  5,038        

shall affirm, modify, or reverse the determination of the          5,040        

director in the manner that appears just and proper.  However,     5,041        

the commission may refer a case to the director for a              5,042        

redetermination if the commission decides that the case does not   5,043        

require a hearing.  In the conduct of a hearing by a hearing       5,044        

officer or any other hearing on appeal to the commission which is  5,046        

provided in this section, the hearing officers are not bound by    5,048        

common law or statutory rules of evidence or by technical or       5,050        

formal rules of procedure.  The hearing officers shall take any    5,051        

steps in the hearings, consistent with the impartial discharge of  5,054        

their duties, which appear reasonable and necessary to ascertain   5,055        

the facts and determine whether the claimant is entitled to        5,056        

benefits under the law.  The hearings shall be de novo, except     5,058        

that the director's file pertaining to a case shall be included    5,060        

in the record to be considered.                                    5,061        

      The hearing officers may conduct any such hearing in person  5,065        

or by telephone.  The commission shall adopt rules which           5,067        

designate the circumstances under which hearing officers may                    

conduct a hearing by telephone, grant a party to the hearing the   5,070        

opportunity to object to a hearing by telephone, and govern the    5,071        

conduct of hearings by telephone.  An interested party whose       5,072        

hearing would be by telephone pursuant to the commission rules     5,073        

may elect to have an in-person hearing, provided that the party    5,074        

electing the in-person hearing agrees to have the hearing at the   5,075        

time and place the commission determines pursuant to rule.         5,076        

      (1)  The failure of the claimant or other interested party   5,078        

to appear at a hearing, unless the claimant or interested party    5,079        

is the appealing party, shall not preclude a decision in the       5,081        

claimant's or interested party's favor, if on the basis of all     5,082        

the information in the record, including that contained in the     5,083        

file of the director, the claimant or interested party is          5,084        

entitled to the decision.                                          5,085        

      (2)  If the party appealing fails to appear at the hearing,  5,087        

                                                          119    


                                                                 
the hearing officer shall dismiss the appeal, provided that the    5,091        

hearing officer or commission shall vacate the dismissal upon a    5,093        

showing that due notice of the hearing was not mailed to such      5,094        

party's last known address or good cause for the failure to        5,095        

appear is shown to the commission within fourteen days after the   5,098        

hearing date.  No further appeal from the decision may thereafter  5,099        

be instituted by such party.  If the other party fails to appear   5,100        

at the hearing, the hearing officer shall proceed with the         5,103        

hearing and shall issue a decision based on the evidence of        5,104        

record, including the director's file.  The commission shall       5,106        

vacate the decision upon a showing that due notice of the hearing  5,109        

was not mailed to such party's last known address or good cause    5,110        

for such party's failure to appear is shown to the commission      5,112        

within fourteen days after the hearing date.                       5,113        

      (3)  Where a party requests that a hearing be scheduled in   5,115        

the evening because the party is employed during the day, the      5,116        

commission shall schedule the hearing during such hours as the     5,119        

party is not employed.                                             5,120        

      (4)  The interested parties may waive, in writing, the       5,123        

hearing.  If the parties waive the hearing, the hearing officer    5,124        

shall issue a decision based on the evidence of record, including  5,125        

the director's file.                                               5,126        

      (K)  The proceedings at the hearing before the hearing       5,128        

officer, shall be recorded by mechanical means or otherwise as     5,131        

may be prescribed by the commission.  In the absence of further    5,132        

proceedings, the record that is made need not be transcribed.      5,134        

      (L)  All interested parties shall be notified of the         5,136        

hearing officer's decision, which shall include the reasons        5,138        

therefor.  The hearing officer's decision shall become final       5,139        

unless, within twenty-one days after the decision was mailed to    5,140        

the last known post-office address of such parties, or within an   5,141        

extended period pursuant to division (Q)(P) of this section, the   5,142        

commission on its own motion removes or transfers such claim to    5,144        

the review level, or upon a request for review that is filed by    5,146        

                                                          120    


                                                                 
an interested party and is allowed by the commission.              5,148        

      (M)  In the conduct of a hearing by the commission or a      5,151        

hearing officer at the review level, the commission and the        5,152        

hearing officers are not bound by common law or statutory rules    5,153        

of evidence or by technical or formal rules of procedure.  The     5,154        

commission and the hearing officers shall take any steps in the    5,155        

hearings, consistent with the impartial discharge of their         5,156        

duties, that appear reasonable and necessary to ascertain the      5,157        

facts and determine whether the claimant is entitled to benefits                

under the law.                                                     5,158        

      (1)  The review commission, or a hearing officer designated  5,161        

by the commission, shall consider an appeal at the review level    5,162        

under the following circumstances:                                              

      (a)  When an appeal is required to be heard initially by     5,165        

the commission pursuant to this chapter;                           5,166        

      (b)  When the commission on its own motion removes an        5,169        

appeal within twenty-one days after a hearing officer issues the   5,170        

hearing officer's decision in the case;                            5,171        

      (c)  When a hearing officer refers an appeal to the          5,174        

commission within twenty-one days after the hearing officer        5,175        

issues the hearing officer's decision in the case;                 5,176        

      (d)  When an interested party files a request for review     5,179        

with the commission within twenty-one days after the date a        5,180        

hearing officer issues the hearing officer's decision in the       5,181        

case.  The commission shall disallow the request for review if it  5,182        

is not timely filed.                                                            

      The commission may remove, and a hearing officer may refer,  5,185        

appeals involving decisions of potentially precedential value.     5,186        

      (2)  If a request for review is timely filed, the            5,188        

commission shall decide whether to allow or disallow the request   5,190        

for review.                                                                     

      If the request for review is disallowed, the commission      5,192        

shall notify all interested parties of that fact.  The             5,193        

disallowance of a request for review constitutes a final decision  5,195        

                                                          121    


                                                                 
by the commission for purposes of appeal to court.  If the         5,196        

request for review is allowed, the commission shall notify all     5,197        

interested parties of that fact, and the commission shall provide  5,198        

a reasonable period of time, as the commission defines by rule,    5,199        

in which interested parties may file a response.  After that                    

period of time, the commission, based on the record before it,     5,200        

shall do one of the following at the review level:                 5,201        

      (a)  Affirm the decision of the hearing officer;             5,204        

      (b)  Order that the case be heard or reheard by a hearing    5,207        

officer;                                                                        

      (c)  Order that the case be heard or reheard by a hearing    5,210        

officer as a potential precedential decision;                      5,211        

      (d)  Order that the decision be rewritten.                   5,214        

      (3)  The commission shall send notice to all interested      5,216        

parties when it orders a case to be heard or reheard.  The notice  5,218        

shall include the reasons for the hearing or rehearing.  If the    5,219        

commission identifies an appeal as a potentially precedential      5,220        

case, the commission shall notify the director and other           5,221        

interested parties of the special nature of the hearing.           5,222        

      (N)  Whenever the director and the chairperson of the        5,224        

review commission determine in writing and certify jointly that a  5,226        

controversy exists with respect to the proper application of this  5,227        

chapter to more than five hundred claimants similarly situated     5,228        

whose claims are pending before the director or the review         5,230        

commission or both on redetermination or appeal applied for or     5,231        

filed by three or more employers or by such claimants, the         5,233        

chairperson of the review commission shall select one such claim   5,235        

which is representative of all such claims and assign it for a     5,237        

fair hearing and decision.  Any other claimant or employer in the  5,238        

group who makes a timely request to participate in the hearing     5,239        

and decision shall be given a reasonable opportunity to            5,240        

participate as a party to the proceeding.                          5,241        

      Such joint certification by the director and the             5,243        

chairperson of the commission shall constitute a stay of further   5,245        

                                                          122    


                                                                 
proceedings in the claims of all claimants similarly situated      5,246        

until the issue or issues in controversy are adjudicated by the    5,247        

supreme court of Ohio.  At the time the decision of the            5,248        

commission is issued, the chairperson shall certify the            5,250        

commission's decision directly to the supreme court of Ohio and    5,253        

the chairperson shall file with the clerk of the supreme court a   5,255        

certified copy of the transcript of the proceedings before the     5,256        

commission pertaining to such decision.  Hearings on such issues   5,258        

shall take precedence over all other civil cases.  If upon         5,259        

hearing and consideration of such record the court decides that    5,260        

the decision of the commission is unlawful, the court shall        5,262        

reverse and vacate the decision or modify it and enter final       5,263        

judgment in accordance with such modification; otherwise such      5,264        

court shall affirm such decision.  The notice of the decision of   5,265        

the commission to the interested parties shall contain a           5,267        

certification by the chairperson of the commission that the        5,268        

decision is of great public interest and that a certified          5,270        

transcript of the record of the proceedings before the commission  5,271        

has been filed with the clerk of the supreme court as an appeal    5,273        

to the court.  Promptly upon the final judgment of the court, the  5,274        

director and the commission shall decide those claims pending      5,275        

before them where the facts are similar and shall notify all       5,277        

interested parties of such decision and the reason therefor in     5,278        

the manner provided for in this section.  Nothing in this          5,279        

division shall be construed so as to deny the right of any such    5,280        

claimant, whose claim is pending before the director on            5,281        

redetermination or before the commission, to apply for and be      5,284        

granted an opportunity for a fair hearing to show that the facts   5,285        

in the claimant's case are different from the facts in the claim   5,286        

selected as the representative claim as provided in this           5,287        

division, nor shall any such claimant be denied the right to                    

appeal the decision of the director or the commission which is     5,289        

made as a result of the decision of the court in the               5,290        

representative case.                                                            

                                                          123    


                                                                 
      (O)(1)  Any interested party as defined in division (I) of   5,292        

section 4141.01 of the Revised Code, within thirty days after      5,293        

notice of the decision of the commission was mailed to the last    5,295        

known post-office address of all interested parties, may appeal    5,296        

from the decision of the commission to the court of common pleas   5,298        

of the county where the appellant, if an employee, is resident or  5,299        

was last employed or of the county where the appellant, if an      5,300        

employer, is resident or has the principal place of business in    5,301        

this state.  The commission shall provide on its decision the      5,303        

names and addresses of all interested parties.  Such appeal shall  5,304        

be taken within such thirty days by the appellant by filing a      5,305        

notice of appeal with the clerk of the court of common pleas.      5,306        

Such filing shall be the only act required to perfect the appeal   5,307        

and vest jurisdiction in the court.  Failure of an appellant to    5,308        

take any step other than timely filing of a notice of appeal does  5,309        

not affect the validity of the appeal, but is grounds only for     5,310        

such action as the court deems appropriate, which may include      5,311        

dismissal of the appeal.  Such notice of appeal shall set forth    5,312        

the decision appealed from.  The appellant shall mail a copy of    5,313        

the notice of appeal to the commission and to all interested       5,315        

parties by certified mail to their last known post-office address  5,316        

and proof of the mailing of the notice shall be filed with the     5,317        

clerk within thirty days of filing the notice of appeal.  All      5,318        

interested parties shall be made appellees.  The commission upon   5,320        

receipt of the notice of appeal shall within thirty days file      5,321        

with the clerk a certified transcript of the record of the         5,322        

proceedings before the commission pertaining to the decision       5,324        

complained of, and mail a copy of the transcript to the            5,325        

appellant's attorney or to the appellant, if not represented by    5,326        

counsel.  The appellant shall file a statement of the assignments  5,327        

of error presented for review within sixty days of the filing of   5,328        

the notice of appeal with the court.  The appeal shall be heard    5,329        

upon such record certified by the commission.  After an appeal     5,331        

has been filed in the court, the commission may, by petition, be   5,333        

                                                          124    


                                                                 
made a party to such appeal.  If the court finds that the          5,334        

decision was unlawful, unreasonable, or against the manifest       5,335        

weight of the evidence, it shall reverse and vacate such decision  5,336        

or it may modify such decision and enter final judgment in         5,337        

accordance with such modification; otherwise such court shall      5,338        

affirm such decision.  Any interested party shall have the right   5,339        

to appeal from the decision of the court as in civil cases.        5,340        

      (2)  If an appeal is filed after the thirty-day appeal       5,342        

period established in division (O)(N)(1) of this section, the      5,343        

court of common pleas shall conduct a hearing to determine         5,345        

whether the appeal was timely filed pursuant to division (Q)(P)    5,346        

of this section.  At the hearing, additional evidence may be       5,348        

introduced and oral arguments may be presented regarding the       5,349        

timeliness of the filing of the appeal.  If the court of common    5,350        

pleas determines that the time for filing the appeal is extended   5,351        

as provided in division (Q)(P) of this section and that the        5,352        

appeal was filed within the extended time provided in that         5,354        

division, the court shall thereafter make its decision on the      5,355        

merits of the appeal.  If the court of common pleas determines     5,356        

that the time for filing the appeal may not be extended as         5,357        

provided in division (Q)(P) of this section, the court shall       5,359        

dismiss the appeal accordingly.  The determination on timeliness   5,360        

by the court of common pleas may be appealed to the court of       5,361        

appeals as in civil cases, and such appeal shall be consolidated   5,362        

with any appeal from the decision by the court of common pleas on  5,363        

the merits of the appeal.                                                       

      (P)(O)  Any appeal from a determination or redetermination   5,367        

of the director or a decision or order of the commission may be    5,370        

executed in behalf of any party or any group of claimants by an    5,371        

agent.                                                                          

      (Q)(P)  The time for filing an appeal, a request for         5,374        

review, or a court appeal under this section shall be extended as  5,377        

follows:                                                                        

      (1)  When the last day of an appeal period is a Saturday,    5,379        

                                                          125    


                                                                 
Sunday, or legal holiday, the appeal period is extended to the     5,380        

next work day after the Saturday, Sunday, or legal holiday.        5,381        

      (2)  When an interested party provides certified medical     5,383        

evidence stating that the interested party's physical condition    5,384        

or mental capacity prevented the interested party from filing an   5,386        

appeal or request for review pursuant to division (G), (H), or     5,387        

(L) of this section within the appropriate twenty-one-day period,  5,388        

the appeal period is extended to twenty-one days after the end of  5,389        

the physical or mental condition and the appeal, or request for    5,391        

review is considered timely filed if filed within that extended    5,393        

period.                                                                         

      (3)  When an interested party provides evidence, which       5,395        

evidence may consist of testimony from the interested party, that  5,396        

is sufficient to establish that the party did not actually         5,397        

receive the determination or decision within the applicable        5,399        

appeal period pursuant to division (G), (H), or (L) of this        5,400        

section, and the director or the commission finds that the         5,401        

interested party did not actually receive the determination or     5,403        

decision within the applicable appeal period, then the appeal      5,404        

period is extended to twenty-one days after the interested party   5,405        

actually receives the determination or decision.                   5,406        

      (4)  When an interested party provides evidence, which       5,408        

evidence may consist of testimony from the interested party, that  5,409        

is sufficient to establish that the party did not actually         5,410        

receive a decision within the thirty-day appeal period provided    5,411        

in division (O)(N)(1) of this section, and a court of common       5,412        

pleas finds that the interested party did not actually receive     5,414        

the decision within that thirty-day appeal period, then the        5,415        

appeal period is extended to thirty days after the interested      5,416        

party actually receives the decision.                              5,417        

      (R)(Q)  No finding of fact or law, decision, or order of     5,419        

the director, hearing officer, or the review commission, or a      5,421        

reviewing court pursuant to this section, shall be given           5,423        

collateral estoppel or res judicata effect in any separate or      5,424        

                                                          126    


                                                                 
subsequent judicial, administrative, or arbitration proceeding,    5,425        

other than a proceeding arising under this chapter.                5,426        

      Sec. 4141.281.  (A)  WHENEVER THE DIRECTOR OF JOB AND        5,429        

FAMILY SERVICES HAS REASON TO BELIEVE THAT THE UNEMPLOYMENT OF     5,431        

TWENTY-FIVE OR MORE INDIVIDUALS RELATES TO A LABOR DISPUTE, THE    5,432        

DIRECTOR, WITHIN FIVE CALENDAR DAYS AFTER THEIR CLAIMS ARE FILED,  5,433        

SHALL SCHEDULE A HEARING CONCERNING THE REASON FOR UNEMPLOYMENT.   5,434        

NOTICE OF THE HEARING SHALL BE SENT TO ALL INTERESTED PARTIES,     5,435        

INCLUDING THE DULY AUTHORIZED REPRESENTATIVE OF THE PARTIES, AS    5,436        

PROVIDED IN DIVISION (D)(1) OF SECTION 4141.28 OF THE REVISED      5,437        

CODE.  THE HEARING DATE SHALL BE SCHEDULED SO AS TO PROVIDE AT     5,439        

LEAST TEN DAYS' PRIOR NOTICE OF THE TIME AND DATE OF THE HEARING.  5,440        

A SIMILAR HEARING, IN SUCH CASES, MAY BE SCHEDULED WHEN THERE IS   5,441        

A DISPUTE AS TO THE DURATION OR ENDING DATE OF THE LABOR DISPUTE.  5,442        

      (B)  THE DIRECTOR SHALL APPOINT A HEARING OFFICER TO         5,444        

CONDUCT THE HEARING OF THE CASE UNDER DIVISION (A) OF THIS         5,445        

SECTION.  THE HEARING OFFICER IS NOT BOUND BY COMMON LAW OR        5,446        

STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF     5,447        

PROCEDURE, BUT SHALL TAKE ANY STEPS THAT ARE REASONABLE AND        5,448        

NECESSARY TO OBTAIN THE FACTS AND DETERMINE WHETHER THE CLAIMANTS  5,449        

ARE ENTITLED TO BENEFITS UNDER THE LAW.  THE FAILURE OF ANY        5,450        

INTERESTED PARTY TO APPEAR AT THE HEARING SHALL NOT PRECLUDE A     5,451        

DECISION BASED UPON ALL THE FACTS AVAILABLE TO THE HEARING         5,452        

OFFICER.  THE PROCEEDING AT THE HEARING SHALL BE RECORDED BY       5,453        

MECHANICAL MEANS OR BY OTHER MEANS PRESCRIBED BY THE DIRECTOR.     5,455        

THE RECORD NEED NOT BE TRANSCRIBED UNLESS AN APPLICATION FOR       5,456        

APPEAL IS FILED ON THE DECISION AND THE CHAIRPERSON OF THE         5,457        

UNEMPLOYMENT COMPENSATION REVIEW COMMISSION REQUESTS A TRANSCRIPT  5,458        

OF THE HEARING WITHIN FOURTEEN DAYS AFTER THE APPLICATION FOR      5,459        

APPEAL IS RECEIVED BY THE COMMISSION.  THE DIRECTOR SHALL          5,460        

PRESCRIBE RULES CONCERNING THE CONDUCT OF THE HEARINGS AND ALL     5,462        

RELATED MATTERS AND APPOINT AN ATTORNEY TO DIRECT THE OPERATION    5,463        

OF THIS FUNCTION.                                                               

      (C)  THE DIRECTOR SHALL ISSUE THE HEARING OFFICER'S          5,465        

                                                          127    


                                                                 
DECISIONS AND REASONS THEREFOR ON THE CASE WITHIN TEN CALENDAR     5,466        

DAYS AFTER THE HEARING.  THE HEARING OFFICER'S DECISION ISSUED BY  5,467        

THE DIRECTOR IS FINAL UNLESS AN APPLICATION FOR APPEAL IS FILED    5,469        

WITH THE REVIEW COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE        5,470        

DECISION WAS MAILED TO ALL INTERESTED PARTIES.  THE DIRECTOR,      5,471        

WITHIN THE TWENTY-ONE-DAY APPEAL PERIOD, MAY REMOVE AND VACATE     5,473        

THE DECISION AND ISSUE A REVISED DETERMINATION AND APPEAL DATE.    5,474        

      (D)  UPON RECEIPT OF THE APPLICATION FOR APPEAL, THE FULL    5,476        

REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S DECISION, AND THEN   5,479        

SCHEDULE A FURTHER HEARING ON THE CASE, DISALLOW THE APPLICATION   5,480        

WITHOUT FURTHER HEARING, OR MODIFY OR REVERSE THE DIRECTOR'S                    

DECISION.  THE REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S       5,483        

DECISION WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE DECISION OR     5,484        

THE RECEIPT OF A TRANSCRIPT REQUESTED UNDER DIVISION (B) OF THIS   5,485        

SECTION, WHICHEVER IS LATER.                                                    

      (1)  WHEN A FURTHER HEARING IS GRANTED, THE COMMISSION       5,487        

SHALL MAKE THE DIRECTOR'S DECISION AND RECORD OF THE CASE, AS      5,489        

CERTIFIED BY THE DIRECTOR, A PART OF THE RECORD AND SHALL          5,490        

CONSIDER THE DIRECTOR'S DECISION AND RECORD IN ARRIVING AT A       5,491        

DECISION ON THE CASE.  THE COMMISSION'S DECISION AFFIRMING,        5,493        

MODIFYING, OR REVERSING THE DIRECTOR'S DECISION, FOLLOWING THE     5,494        

FURTHER APPEAL, SHALL BE MAILED TO ALL INTERESTED PARTIES WITHIN   5,495        

FOURTEEN DAYS AFTER THE HEARING.                                   5,496        

      (2)  A DECISION TO DISALLOW A FURTHER APPEAL OR TO MODIFY    5,499        

OR REVERSE THE DIRECTOR'S DECISION SHALL BE MAILED TO ALL          5,500        

INTERESTED PARTIES WITHIN FOURTEEN DAYS AFTER THE COMMISSION       5,501        

MAKES THE DECISION.  A DISALLOWANCE IS DEEMED AN AFFIRMATION OF    5,503        

THE DIRECTOR'S DECISION.                                                        

      (3)  THE TIME LIMITS SPECIFIED IN THIS SECTION MAY BE        5,506        

EXTENDED BY AGREEMENT OF ALL INTERESTED PARTIES OR FOR CAUSE       5,507        

BEYOND THE CONTROL OF THE DIRECTOR OR THE COMMISSION.              5,508        

      (E)  AN APPEAL OF THE COMMISSION'S DECISION ISSUED UNDER     5,510        

DIVISION (D) OF THIS SECTION MAY BE TAKEN TO THE COURT OF COMMON   5,512        

PLEAS AS PROVIDED IN DIVISION (N) OF SECTION 4141.28 OF THE        5,513        

                                                          128    


                                                                 
REVISED CODE.                                                                   

      (F)  A LABOR DISPUTE DECISION INVOLVING FEWER THAN           5,515        

TWENTY-FIVE INDIVIDUALS SHALL BE DETERMINED UNDER DIVISION (D)(1)  5,516        

OF SECTION 4141.28 OF THE REVISED CODE, AND THE REVIEW COMMISSION  5,518        

SHALL DETERMINE ANY APPEAL FROM THE DECISION PURSUANT TO DIVISION  5,520        

(M) OF THAT SECTION AND WITHIN THE TIME LIMITS PROVIDED IN         5,521        

DIVISION (D) OF THIS SECTION.                                      5,522        

      Sec. 4141.282.  (A)  WHEN A CLAIM FOR UNEMPLOYMENT           5,524        

COMPENSATION IS FILED BY AN INDIVIDUAL WHO OWES CHILD SUPPORT      5,526        

OBLIGATIONS, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL NOTIFY  5,527        

THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY ENFORCING THE  5,528        

OBLIGATION ONLY IF THE CLAIMANT HAS BEEN DETERMINED TO BE          5,529        

ELIGIBLE FOR UNEMPLOYMENT COMPENSATION.                            5,530        

      (B)  THE DIRECTOR SHALL DEDUCT AND WITHHOLD FROM             5,532        

UNEMPLOYMENT COMPENSATION PAYABLE TO AN INDIVIDUAL WHO OWES CHILD  5,533        

SUPPORT OBLIGATIONS:                                               5,534        

      (1)  ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM    5,536        

THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT   5,537        

TERM IS DEFINED IN SECTION 459(i)(5) OF THE "SOCIAL SECURITY       5,539        

ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK          5,541        

OPPORTUNITY RECONCILIATION ACT OF 1996," 100 STAT. 2105, 42        5,543        

U.S.C. 659, AND PROPERLY SERVED UPON THE DIRECTOR, AS DESCRIBED    5,544        

IN DIVISION (C) OF THIS SECTION; OR                                5,545        

      (2)  WHERE DIVISION (B)(1) OF THIS SECTION IS INAPPLICABLE,  5,548        

IN THE AMOUNT DETERMINED PURSUANT TO AN AGREEMENT SUBMITTED TO     5,549        

THE DIRECTOR UNDER SECTION 454(19)(B)(i) OF THE "SOCIAL SECURITY   5,551        

ACT," 88 STAT. 2351, 42 U.S.C. 654, AS AMENDED, BY THE STATE OR    5,553        

LOCAL CHILD SUPPORT ENFORCEMENT AGENCY; OR                                      

      (3)  IF NEITHER DIVISION (B)(1) NOR (2) OF THIS SECTION IS   5,556        

APPLICABLE, THEN IN THE AMOUNT SPECIFIED BY THE INDIVIDUAL.        5,557        

      (C)  THE DIRECTOR SHALL RECEIVE ALL LEGAL PROCESS DESCRIBED  5,560        

IN DIVISION (B)(1) OF THIS SECTION FROM EACH LOCAL CHILD SUPPORT   5,561        

ENFORCEMENT AGENCY, WHICH LEGAL PROCESS WAS ISSUED BY THE AGENCY   5,563        

UNDER SECTION 2301.371 OF THE REVISED CODE OR OTHERWISE WAS        5,565        

                                                          129    


                                                                 
ISSUED BY THE AGENCY.                                                           

      (D)  THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO      5,567        

BEING WITHHELD PURSUANT TO DIVISION (B) OF THIS SECTION IS THAT    5,569        

AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER APPLICATION    5,570        

OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF OVERPAYMENTS AND      5,571        

AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER THIS CHAPTER FOR        5,572        

DEDUCTIBLE INCOME RECEIVED BY THE INDIVIDUAL.                                   

      (E)  ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF  5,575        

THIS SECTION SHALL BE PAID TO THE APPROPRIATE STATE OR LOCAL       5,576        

CHILD SUPPORT ENFORCEMENT AGENCY IN THE FOLLOWING MANNER:          5,577        

      (1)  THE DIRECTOR SHALL DETERMINE THE AMOUNTS THAT ARE TO    5,580        

BE DEDUCTED AND WITHHELD ON A PER COUNTY BASIS.                                 

      (2)  FOR EACH COUNTY, THE DIRECTOR SHALL FORWARD TO THE      5,583        

LOCAL CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY, THE AMOUNT   5,584        

DETERMINED FOR THAT COUNTY UNDER DIVISION (E)(1) OF THIS SECTION   5,585        

FOR DISBURSEMENT TO THE OBLIGEES OR ASSIGNEES OF SUCH SUPPORT      5,586        

OBLIGATIONS.                                                       5,587        

      (F)  ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF  5,590        

THIS SECTION SHALL FOR ALL PURPOSES BE TREATED AS IF IT WERE PAID  5,591        

TO THE INDIVIDUAL AS UNEMPLOYMENT COMPENSATION AND PAID BY THE     5,592        

INDIVIDUAL TO THE STATE OR LOCAL CHILD SUPPORT AGENCY IN           5,593        

SATISFACTION OF THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS.                     

      (G)  THIS SECTION APPLIES ONLY IF APPROPRIATE ARRANGEMENTS   5,596        

HAVE BEEN MADE FOR REIMBURSEMENT BY THE STATE OR LOCAL CHILD       5,597        

SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATIVE COSTS INCURRED   5,598        

BY THE DIRECTOR UNDER THIS SECTION WHICH ARE ASSOCIATED WITH OR    5,599        

ATTRIBUTABLE TO CHILD SUPPORT OBLIGATIONS BEING ENFORCED BY THE    5,600        

STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY.                   5,601        

      (H)  AS USED IN THIS SECTION:                                5,603        

      (1)  "CHILD SUPPORT OBLIGATIONS" MEANS ONLY OBLIGATIONS      5,605        

THAT ARE BEING ENFORCED PURSUANT TO A PLAN DESCRIBED IN SECTION    5,606        

454 OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 654,    5,608        

AS AMENDED, WHICH HAS BEEN APPROVED BY THE UNITED STATES           5,609        

SECRETARY OF HEALTH AND HUMAN SERVICES UNDER PART D OF TITLE IV    5,611        

                                                          130    


                                                                 
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS     5,613        

AMENDED.                                                           5,614        

      (2)  "STATE CHILD SUPPORT ENFORCEMENT AGENCY" MEANS THE      5,616        

WORK UNIT WITHIN THE DEPARTMENT OF JOB AND FAMILY SERVICES, OR     5,618        

THE STATE AGENCY OF ANOTHER STATE, DESIGNATED AS THE SINGLE STATE  5,620        

AGENCY FOR THE ADMINISTRATION OF THE PROGRAM OF CHILD SUPPORT      5,621        

ENFORCEMENT PURSUANT TO PART D OF TITLE IV OF THE "SOCIAL          5,623        

SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS AMENDED.           5,625        

      (3)  "LOCAL CHILD SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD  5,628        

SUPPORT ENFORCEMENT AGENCY OR ANY OTHER AGENCY OF A POLITICAL                   

SUBDIVISION OF THE STATE OPERATING PURSUANT TO A PLAN MENTIONED    5,629        

IN DIVISION (H)(1) OF THIS SECTION.                                5,630        

      (4)  "UNEMPLOYMENT COMPENSATION" MEANS ANY COMPENSATION      5,632        

PAYABLE UNDER THIS CHAPTER INCLUDING AMOUNTS PAYABLE BY THE        5,633        

DIRECTOR PURSUANT TO AN AGREEMENT UNDER ANY FEDERAL LAW PROVIDING  5,635        

FOR COMPENSATION, ASSISTANCE, OR ALLOWANCES WITH RESPECT TO        5,636        

UNEMPLOYMENT.                                                                   

      Sec. 4141.283.  WHERE A CLAIM FOR BENEFITS IS DIRECTLY       5,638        

ATTRIBUTABLE TO UNEMPLOYMENT CAUSED BY A MAJOR DISASTER, AS        5,639        

DECLARED BY THE PRESIDENT OF THE UNITED STATES PURSUANT TO THE     5,641        

"DISASTER RELIEF ACT OF 1970," 84 STAT. 1745, 42 U.S.C.A. 4402,    5,642        

AND THE INDIVIDUAL FILING THE CLAIM WOULD OTHERWISE HAVE BEEN      5,644        

ELIGIBLE FOR DISASTER UNEMPLOYMENT ASSISTANCE UNDER THAT ACT,      5,645        

THEN UPON APPLICATION BY THE EMPLOYER, ANY BENEFITS PAID ON THE    5,646        

CLAIM SHALL NOT BE CHARGED TO THE ACCOUNT OF THE EMPLOYER WHO      5,647        

WOULD HAVE BEEN CHARGED ON THAT CLAIM BUT INSTEAD SHALL BE         5,648        

CHARGED TO THE MUTUALIZED ACCOUNT DESCRIBED IN SECTION 4141.25 OF  5,649        

THE REVISED CODE, PROVIDED THAT THIS DIVISION IS NOT APPLICABLE    5,651        

TO AN EMPLOYER ELECTING REIMBURSING STATUS UNDER SECTION 4141.241  5,652        

OF THE REVISED CODE, EXCEPT REIMBURSING EMPLOYERS FOR WHOM         5,654        

BENEFIT CHARGES ARE CHARGED TO THE MUTUALIZED ACCOUNT PURSUANT TO  5,655        

DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE.            5,657        

      Sec. 4141.29.  Each eligible individual shall receive        5,666        

benefits as compensation for loss of remuneration due to           5,667        

                                                          131    


                                                                 
involuntary total or partial unemployment in the amounts and       5,668        

subject to the conditions stipulated in this chapter.              5,669        

      (A)  No individual is entitled to a waiting period or        5,671        

benefits for any week unless the individual:                       5,672        

      (1)  Has filed a valid application for determination of      5,674        

benefit rights in accordance with section 4141.28 of the Revised   5,675        

Code;                                                              5,676        

      (2)  Has made a claim for benefits in accordance with        5,678        

section 4141.28 of the Revised Code;                               5,679        

      (3)  Has registered at an employment office or other         5,681        

registration place maintained or designated by the director of     5,683        

job and family services.  Registration shall be made in            5,685        

accordance with the time limits, frequency, and manner prescribed  5,686        

by the director.                                                                

      (4)(a)  Is able to work and available for suitable work and  5,688        

is actively seeking suitable work either in a locality in which    5,689        

the individual has earned wages subject to this chapter during     5,691        

the individual's base period, or if the individual leaves that     5,692        

locality, then in a locality where suitable work normally is       5,694        

performed.                                                                      

      The director may waive the requirement that a claimant be    5,698        

actively seeking work when the director finds that an individual   5,700        

has been laid off and the employer who laid the individual off     5,701        

has notified the director within ten days after the layoff, that   5,703        

work is expected to be available for the individual within a       5,705        

specified number of days not to exceed forty-five calendar days    5,706        

following the last day the individual worked.  In the event the    5,707        

individual is not recalled within the specified period, this       5,708        

waiver shall cease to be operative with respect to that layoff.    5,710        

      (b)  The individual shall be instructed as to the efforts    5,712        

that the individual must make in the search for suitable work,     5,714        

except where the active search for work requirement has been       5,715        

waived under division (A)(4)(a) of this section, and shall keep a  5,716        

record of where and when the individual has sought work in         5,717        

                                                          132    


                                                                 
complying with those instructions and, upon request, shall         5,719        

produce that record for examination by the director.               5,721        

      (c)  An individual who is attending a training course        5,723        

approved by the director meets the requirement of this division,   5,726        

if attendance was recommended by the director and the individual   5,728        

is regularly attending the course and is making satisfactory       5,729        

progress.  An individual also meets the requirements of this       5,730        

division if the individual is participating and advancing in a     5,732        

training program, as defined in division (P) of section 5709.61    5,733        

of the Revised Code, and if an enterprise, defined in division     5,734        

(B) of section 5709.61 of the Revised Code, is paying all or part  5,735        

of the cost of the individual's participation in the training      5,736        

program with the intention of hiring the individual for            5,737        

employment as a new employee, as defined in division (L) of        5,738        

section 5709.61 of the Revised Code, for at least ninety days      5,739        

after the individual's completion of the training program.         5,740        

      (d)  An individual who becomes unemployed while attending a  5,742        

regularly established school and whose base period qualifying      5,743        

weeks were earned in whole or in part while attending that         5,744        

school, meets the availability and active search for work          5,745        

requirements of division (A)(4)(a) of this section if the          5,746        

individual regularly attends the school during weeks with respect  5,747        

to which the individual claims unemployment benefits and makes     5,748        

self available on any shift of hours for suitable employment with  5,751        

the individual's most recent employer or any other employer in     5,752        

the individual's base period, or for any other suitable            5,753        

employment to which the individual is directed, under this         5,755        

chapter.                                                                        

      (e)  The director shall adopt any rules that the director    5,758        

deems necessary for the administration of division (A)(4) of this  5,759        

section.                                                           5,760        

      (f)  Notwithstanding any other provisions of this section,   5,762        

no otherwise eligible individual shall be denied benefits for any  5,763        

week because the individual is in training approved under section  5,765        

                                                          133    


                                                                 
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.   5,766        

2296, nor shall that individual be denied benefits by reason of    5,768        

leaving work to enter such training, provided the work left is     5,769        

not suitable employment, or because of the application to any      5,770        

week in training of provisions in this chapter, or any applicable  5,771        

federal unemployment compensation law, relating to availability    5,772        

for work, active search for work, or refusal to accept work.       5,773        

      For the purposes of division (A)(4)(f) of this section,      5,775        

"suitable employment" means with respect to an individual, work    5,776        

of a substantially equal or higher skill level than the            5,777        

individual's past adversely affected employment, as defined for    5,778        

the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19         5,779        

U.S.C.A. 2101, and wages for such work at not less than eighty     5,780        

per cent of the individual's average weekly wage as determined     5,781        

for the purposes of that federal act.                              5,782        

      (5)  Is unable to obtain suitable work.  AN INDIVIDUAL WHO   5,785        

IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE INDIVIDUAL'S         5,786        

EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO  5,787        

IS REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE      5,788        

WITH THE INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS      5,789        

UPON THE CONCLUSION OF EACH WORK ASSIGNMENT, IS NOT CONSIDERED     5,790        

UNABLE TO OBTAIN SUITABLE EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS  5,791        

ARE AVAILABLE WITH THE EMPLOYER BUT THE INDIVIDUAL FAILS TO        5,792        

CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK ASSIGNMENTS.            5,793        

      (6)  Participates in reemployment services, such as job      5,795        

search assistance services, if the individual has been determined  5,796        

to be likely to exhaust benefits under this chapter, including     5,797        

compensation payable pursuant to 5 U.S.C.A. Chapter 85, other      5,798        

than extended compensation, and needs reemployment services        5,799        

pursuant to the profiling system established by the director       5,801        

under division (K) of this section, unless the director            5,803        

determines that:                                                   5,804        

      (a)  The individual has completed such services; or          5,806        

      (b)  There is justifiable cause for the claimant's failure   5,808        

                                                          134    


                                                                 
to participate in such services.                                   5,809        

      (B)  An individual suffering total or partial unemployment   5,811        

is eligible for benefits for unemployment occurring subsequent to  5,812        

a waiting period of one week and no benefits shall be payable      5,813        

during this required waiting period, but no more than one week of  5,814        

waiting period shall be required of any such individual in any     5,815        

benefit year in order to establish the individual's eligibility    5,817        

for total or partial unemployment benefits.                        5,818        

      (C)  The waiting period for total or partial unemployment    5,820        

shall commence on the first day of the first week with respect to  5,821        

which the individual first files a claim for benefits at an        5,822        

employment office or other place of registration maintained or     5,823        

designated by the director or on the first day of the first week   5,826        

with respect to which the individual has otherwise filed a claim   5,827        

for benefits in accordance with the rules of the department of     5,829        

job and family services, provided such claim is allowed by the     5,830        

director.                                                                       

      (D)  Notwithstanding division (A) of this section, no        5,832        

individual may serve a waiting period or be paid benefits under    5,833        

the following conditions:                                          5,834        

      (1)  For any week with respect to which the director finds   5,838        

that:                                                                           

      (a)  The individual's unemployment was due to a labor        5,840        

dispute other than a lockout at any factory, establishment, or     5,842        

other premises located in this or any other state and owned or     5,843        

operated by the employer by which the individual is or was last    5,844        

employed; and for so long as the individual's unemployment is due  5,846        

to such labor dispute.  No individual shall be disqualified under  5,848        

this provision if either of the following applies:                 5,849        

      (i)  The individual's employment was with such employer at   5,851        

any factory, establishment, or premises located in this state,     5,853        

owned or operated by such employer, other than the factory,        5,854        

establishment, or premises at which the labor dispute exists, if   5,855        

it is shown that the individual is not financing, participating    5,856        

                                                          135    


                                                                 
in, or directly interested in such labor dispute;                  5,858        

      (ii)  The individual's employment was with an employer not   5,860        

involved in the labor dispute but whose place of business was      5,862        

located within the same premises as the employer engaged in the    5,863        

dispute, unless the individual's employer is a wholly owned        5,864        

subsidiary of the employer engaged in the dispute, or unless the   5,866        

individual actively participates in or voluntarily stops work      5,868        

because of such dispute.  If it is established that the claimant   5,869        

was laid off for an indefinite period and not recalled to work     5,870        

prior to the dispute, or was separated by the employer prior to    5,871        

the dispute for reasons other than the labor dispute, or that the  5,872        

individual obtained a bona fide job with another employer while    5,874        

the dispute was still in progress, such labor dispute shall not    5,875        

render the employee ineligible for benefits.                       5,876        

      (b)  The individual has been given a disciplinary layoff     5,878        

for misconduct in connection with the individual's work.           5,880        

      (2)  For the duration of the individual's unemployment if    5,882        

the director finds that:                                           5,884        

      (a)  The individual quit work without just cause or has      5,887        

been discharged for just cause in connection with the              5,888        

individual's work, provided division (D)(2) of this section does   5,890        

not apply to the separation of a person under any of the           5,891        

following circumstances:                                                        

      (i)  Separation from employment for the purpose of entering  5,893        

the armed forces of the United States if the individual makes      5,894        

application to enter, or is inducted into the armed forces within  5,896        

thirty days after such separation;                                 5,898        

      (ii)  Separation from employment pursuant to a               5,900        

labor-management contract or agreement, or pursuant to an          5,901        

established employer plan, program, or policy, which permits the   5,902        

employee, because of lack of work, to accept a separation from     5,903        

employment;                                                                     

      (iii)  The individual has left employment to accept a        5,906        

recall from a prior employer or, except as provided in division    5,907        

                                                          136    


                                                                 
(D)(2)(a)(iv) of this section, to accept other employment as       5,909        

provided under section 4141.291 of the Revised Code, or left or    5,910        

was separated from employment that was concurrent employment at    5,911        

the time of the most recent separation or within six weeks prior   5,912        

to the most recent separation where the remuneration, hours, or    5,913        

other conditions of such concurrent employment were substantially  5,914        

less favorable than the individual's most recent employment and    5,915        

where such employment, if offered as new work, would be            5,916        

considered not suitable under the provisions of divisions (E) and  5,917        

(F) of this section.  Any benefits that would otherwise be         5,918        

chargeable to the account of the employer from whom an individual  5,919        

has left employment or was separated from employment that was      5,920        

concurrent employment under conditions described in division       5,921        

(D)(2)(a)(iii) of this section, shall instead be charged to the    5,923        

mutualized account created by division (B) of section 4141.25 of   5,924        

the Revised Code, except that any benefits chargeable to the       5,925        

account of a reimbursing employer under division (D)(2)(a)(iii)    5,926        

of this section shall be charged to the account of the             5,927        

reimbursing employer and not to the mutualized account, except as  5,928        

provided in division (D)(2) of section 4141.24 of the Revised      5,929        

Code.                                                                           

      (iv)  When an individual has been issued a definite layoff   5,932        

date by the individual's employer and before the layoff date, the  5,934        

individual quits to accept other employment, the provisions of                  

division (D)(2)(a)(iii) of this section apply and no               5,936        

disqualification shall be imposed under division (D) of this       5,938        

section.  However, if the individual fails to meet the employment  5,939        

and earnings requirements of division (A)(2) of section 4141.291   5,940        

of the Revised Code, then the individual, pursuant to division     5,941        

(A)(5) of this section, shall be ineligible for benefits for any   5,942        

week of unemployment that occurs prior to the layoff date.         5,943        

      (b)  The individual has refused without good cause to        5,945        

accept an offer of suitable work when made by an employer either   5,947        

in person or to the individual's last known address, or has        5,948        

                                                          137    


                                                                 
refused or failed to investigate a referral to suitable work when  5,950        

directed to do so by a local employment office of this state or    5,951        

another state, provided that this division shall not cause a       5,952        

disqualification for a waiting week or benefits under the          5,953        

following circumstances:                                                        

      (i)  When work is offered by the individual's employer and   5,955        

the individual is not required to accept the offer pursuant to     5,957        

the terms of the labor-management contract or agreement; or        5,958        

      (ii)  When the individual is attending a vocational          5,960        

training course pursuant to division (A)(4) of this section        5,961        

except, in the event of a refusal to accept an offer of suitable   5,962        

work or a refusal or failure to investigate a referral, benefits   5,963        

thereafter paid to such individual shall not be charged to the     5,964        

account of any employer and, except as provided in division        5,965        

(B)(1)(b) of section 4141.241 of the Revised Code, shall be        5,966        

charged to the mutualized account as provided in division (B) of   5,968        

section 4141.25 of the Revised Code.                               5,969        

      (c)  Such individual quit work to marry or because of        5,971        

marital, parental, filial, or other domestic obligations.          5,972        

      (d)  The individual has knowingly made a false statement or  5,974        

representation or knowingly failed to report any material fact     5,975        

with the object of obtaining benefits to which the individual is   5,977        

not entitled.                                                      5,978        

      (e)  The individual became unemployed by reason of           5,980        

commitment to any correctional institution.                        5,982        

      (f)  The individual became unemployed because of dishonesty  5,984        

in connection with the individual's most recent or any base        5,986        

period work.  Remuneration earned in such work shall be excluded   5,987        

from the individual's total base period remuneration and           5,989        

qualifying weeks that otherwise would be credited to the           5,991        

individual for such work in the individual's base period shall     5,992        

not be credited for the purpose of determining the total benefits  5,993        

to which the individual is eligible and the weekly benefit amount  5,994        

to be paid under section 4141.30 of the Revised Code.  Such        5,995        

                                                          138    


                                                                 
excluded remuneration and noncredited qualifying weeks shall be    5,996        

excluded from the calculation of the maximum amount to be          5,997        

charged, under division (D) of section 4141.24 and section         5,998        

4141.33 of the Revised Code, against the accounts of the           5,999        

individual's base period employers.  In addition, no benefits      6,000        

shall thereafter be paid to the individual based upon such         6,001        

excluded remuneration or noncredited qualifying weeks.             6,003        

      For purposes of division (D)(2)(f) of this section,          6,005        

"dishonesty" means the commission of substantive theft, fraud, or  6,006        

deceitful acts.                                                    6,007        

      (E)  No individual otherwise qualified to receive benefits   6,009        

shall lose the right to benefits by reason of a refusal to accept  6,010        

new work if:                                                       6,011        

      (1)  As a condition of being so employed the individual      6,013        

would be required to join a company union, or to resign from or    6,015        

refrain from joining any bona fide labor organization, or would    6,016        

be denied the right to retain membership in and observe the        6,017        

lawful rules of any such organization.                             6,018        

      (2)  The position offered is vacant due directly to a        6,020        

strike, lockout, or other labor dispute.                           6,021        

      (3)  The work is at an unreasonable distance from the        6,023        

individual's residence, having regard to the character of the      6,025        

work the individual has been accustomed to do, and travel to the   6,027        

place of work involves expenses substantially greater than that    6,028        

required for the individual's former work, unless the expense is   6,030        

provided for.                                                                   

      (4)  The remuneration, hours, or other conditions of the     6,032        

work offered are substantially less favorable to the individual    6,033        

than those prevailing for similar work in the locality.            6,034        

      (F)  Subject to the special exceptions contained in          6,036        

division (A)(4)(f) of this section and section 4141.301 of the     6,037        

Revised Code, in determining whether any work is suitable for a    6,038        

claimant in the administration of this chapter, the director, in   6,040        

addition to the determination required under division (E) of this  6,041        

                                                          139    


                                                                 
section, shall consider the degree of risk to the claimant's       6,042        

health, safety, and morals, the individual's physical fitness for  6,043        

the work, the individual's prior training and experience, the      6,045        

length of the individual's unemployment, the distance of the       6,046        

available work from the individual's residence, and the            6,048        

individual's prospects for obtaining local work.                   6,049        

      (G)  The "duration of unemployment" as used in this section  6,052        

means the full period of unemployment next ensuing after a         6,053        

separation from any base period or subsequent work and until an                 

individual has become reemployed in employment subject to this     6,054        

chapter, or the unemployment compensation act of another state,    6,055        

or of the United States, and until such individual has worked six  6,056        

weeks and for those weeks has earned or been paid remuneration     6,058        

equal to six times an average weekly wage of not less than:        6,059        

eighty-five dollars and ten cents per week beginning on June 26,   6,060        

1990; and beginning on and after January 1, 1992, twenty-seven     6,061        

and one-half per cent of the statewide average weekly wage as      6,062        

computed each first day of January under division (B)(3) of        6,063        

section 4141.30 of the Revised Code, rounded down to the nearest   6,064        

dollar, except for purposes of division (D)(2)(c) of this          6,065        

section, such term means the full period of unemployment next      6,066        

ensuing after a separation from such work and until such           6,067        

individual has become reemployed subject to the terms set forth    6,068        

above, and has earned wages equal to one-half of the individual's  6,070        

average weekly wage or sixty dollars, whichever is less.           6,071        

      (H)  If a claimant is disqualified under division            6,073        

(D)(2)(a), (c), or (e) of this section or found to be qualified    6,074        

under the exceptions provided in division (D)(2)(a)(i), (ii),      6,075        

(iii), or (iv) of this section or division (A)(2) of section       6,076        

4141.291 of the Revised Code, then benefits that may become        6,078        

payable to such claimant, which are chargeable to the account of   6,079        

the employer from whom the individual was separated under such     6,081        

conditions, shall be charged to the mutualized account provided    6,082        

in section 4141.25 of the Revised Code, provided that no charge    6,083        

                                                          140    


                                                                 
shall be made to the mutualized account for benefits chargeable    6,084        

to a reimbursing employer, except as provided in division (D)(2)   6,085        

of section 4141.24 of the Revised Code.  In the case of a          6,087        

reimbursing employer, the director shall refund or credit to the   6,090        

account of the reimbursing employer any over-paid benefits that    6,091        

are recovered under division (B) of section 4141.35 of the                      

Revised Code.                                                      6,092        

      (I)(1)  Benefits based on service in employment as provided  6,094        

in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised   6,095        

Code shall be payable in the same amount, on the same terms, and   6,096        

subject to the same conditions as benefits payable on the basis    6,097        

of other service subject to this chapter; except that after        6,098        

December 31, 1977:                                                 6,099        

      (a)  Benefits based on service in an instructional,          6,101        

research, or principal administrative capacity in an institution   6,102        

of higher education, as defined in division (Y) of section         6,103        

4141.01 of the Revised Code; or for an educational institution as  6,104        

defined in division (CC) of section 4141.01 of the Revised Code,   6,105        

shall not be paid to any individual for any week of unemployment   6,106        

that begins during the period between two successive academic      6,108        

years or terms, or during a similar period between two regular     6,109        

but not successive terms or during a period of paid sabbatical     6,110        

leave provided for in the individual's contract, if the            6,111        

individual performs such services in the first of those academic   6,113        

years or terms and has a contract or a reasonable assurance that   6,114        

the individual will perform services in any such capacity for any  6,115        

such institution in the second of those academic years or terms.   6,117        

      (b)  Benefits based on service for an educational            6,119        

institution or an institution of higher education in other than    6,120        

an instructional, research, or principal administrative capacity,  6,121        

shall not be paid to any individual for any week of unemployment   6,122        

which begins during the period between two successive academic     6,123        

years or terms of the employing educational institution or         6,124        

institution of higher education, provided the individual           6,125        

                                                          141    


                                                                 
performed those services for the educational institution or        6,126        

institution of higher education during the first such academic     6,127        

year or term and, there is a reasonable assurance that such        6,128        

individual will perform those services for any educational         6,129        

institution or institution of higher education in the second of    6,130        

such academic years or terms.                                      6,131        

      If compensation is denied to any individual for any week     6,133        

under division (I)(1)(b) of this section and the individual was    6,134        

not offered an opportunity to perform those services for an        6,135        

institution of higher education or for an educational institution  6,136        

for the second of such academic years or terms, the individual is  6,137        

entitled to a retroactive payment of compensation for each week    6,138        

for which the individual timely filed a claim for compensation     6,139        

and for which compensation was denied solely by reason of          6,140        

division (I)(1)(b) of this section.  An application for            6,141        

retroactive benefits shall be timely filed if received by the      6,142        

director or the director's deputy within or prior to the end of    6,145        

the fourth full calendar week after the end of the period for      6,146        

which benefits were denied because of reasonable assurance of      6,147        

employment.  The provision for the payment of retroactive          6,148        

benefits under division (I)(1)(b) of this section is applicable    6,149        

to weeks of unemployment beginning on and after November 18,       6,150        

1983.  The provisions under division (I)(1)(b) of this section     6,151        

shall be retroactive to September 5, 1982, only if, as a           6,152        

condition for full tax credit against the tax imposed by the       6,153        

"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.   6,154        

3301 to 3311, the United States secretary of labor determines      6,155        

that retroactivity is required by federal law.                     6,157        

      (c)  With respect to weeks of unemployment beginning after   6,159        

December 31, 1977, benefits shall be denied to any individual for  6,160        

any week which commences during an established and customary       6,161        

vacation period or holiday recess, if the individual performs any  6,162        

services described in divisions (I)(1)(a) and (b) of this section  6,163        

in the period immediately before the vacation period or holiday    6,164        

                                                          142    


                                                                 
recess, and there is a reasonable assurance that the individual    6,165        

will perform any such services in the period immediately           6,166        

following the vacation period or holiday recess.                   6,167        

      (d)  With respect to any services described in division      6,169        

(I)(1)(a), (b), or (c) of this section, benefits payable on the    6,170        

basis of services in any such capacity shall be denied as          6,171        

specified in division (I)(1)(a), (b), or (c) of this section to    6,172        

any individual who performs such services in an educational        6,173        

institution or institution of higher education while in the        6,174        

employ of an educational service agency.  For this purpose, the    6,175        

term "educational service agency" means a governmental agency or   6,176        

governmental entity that is established and operated exclusively   6,178        

for the purpose of providing services to one or more educational   6,179        

institutions or one or more institutions of higher education.      6,180        

      (e)  Any individual employed by a public school district or  6,182        

a county board of mental retardation shall be notified by the      6,183        

thirtieth day of April each year if the individual is not to be    6,185        

reemployed the following academic year.                            6,186        

      (2)  No disqualification will be imposed, between academic   6,188        

years or terms or during a vacation period or holiday recess       6,189        

under this division, unless the director or the director's deputy  6,191        

has received a statement in writing from the educational           6,192        

institution or institution of higher education that the claimant   6,193        

has a contract for, or a reasonable assurance of, reemployment     6,194        

for the ensuing academic year or term.                             6,195        

      (3)  If an individual has employment with an educational     6,197        

institution or an institution of higher education and employment   6,198        

with a noneducational employer, during the base period of the      6,199        

individual's benefit year, then the individual may become          6,200        

eligible for benefits during the between-term, or vacation or      6,201        

holiday recess, disqualification period, based on employment       6,202        

performed for the noneducational employer, provided that the       6,203        

employment is sufficient to qualify the individual for benefit     6,204        

rights separately from the benefit rights based on school          6,205        

                                                          143    


                                                                 
employment.  The weekly benefit amount and maximum benefits        6,206        

payable during a disqualification period shall be computed based   6,207        

solely on the nonschool employment.                                6,208        

      (J)  Benefits shall not be paid on the basis of employment   6,210        

performed by an alien, unless the alien had been lawfully          6,211        

admitted to the United States for permanent residence at the time  6,212        

the services were performed, was lawfully present for purposes of  6,213        

performing the services, or was otherwise permanently residing in  6,214        

the United States under color of law at the time the services      6,215        

were performed, under section 212(d)(5) of the "Immigration and    6,216        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:                   6,217        

      (1)  Any data or information required of individuals         6,219        

applying for benefits to determine whether benefits are not        6,220        

payable to them because of their alien status shall be uniformly   6,221        

required from all applicants for benefits.                         6,222        

      (2)  In the case of an individual whose application for      6,224        

benefits would otherwise be approved, no determination that        6,225        

benefits to the individual are not payable because of the          6,226        

individual's alien status shall be made except upon a              6,228        

preponderance of the evidence that the individual had not, in      6,229        

fact, been lawfully admitted to the United States.                 6,230        

      (K)  The director shall establish and utilize a system of    6,234        

profiling all new claimants under this chapter that:                            

      (1)  Identifies which claimants will be likely to exhaust    6,236        

regular compensation and will need job search assistance services  6,237        

to make a successful transition to new employment;                 6,238        

      (2)  Refers claimants identified pursuant to division        6,240        

(K)(1) of this section to reemployment services, such as job       6,241        

search assistance services, available under any state or federal   6,242        

law;                                                               6,243        

      (3)  Collects follow-up information relating to the          6,245        

services received by such claimants and the employment outcomes    6,246        

for such claimant's subsequent to receiving such services and      6,247        

utilizes such information in making identifications pursuant to    6,248        

                                                          144    


                                                                 
division (K)(1) of this section; and                               6,249        

      (4)  Meets such other requirements as the United States      6,251        

secretary of labor determines are appropriate.                     6,252        

      Sec. 4141.301.  (A)  As used in this section, unless the     6,261        

context clearly requires otherwise:                                6,262        

      (1)  "Extended benefit period" means a period which:         6,264        

      (a)  Begins with the third week after a week for which       6,266        

there is a state "on" indicator; and                               6,267        

      (b)  Ends with either of the following weeks, whichever      6,269        

occurs later:                                                      6,270        

      (i)  The third week after the first week for which there is  6,272        

a state "off" indicator; or                                        6,273        

      (ii)  The thirteenth consecutive week of such period.        6,275        

      Except, that no extended benefit period may begin by reason  6,277        

of a state "on" indicator before the fourteenth week following     6,278        

the end of a prior extended benefit period which was in effect     6,279        

with respect to this state.                                        6,280        

      (2)  There is a "state 'on' indicator" for this state for a  6,283        

week if the director of job and family services determines, in     6,285        

accordance with the regulations of the United States secretary of  6,286        

labor, that for the period consisting of such week and the         6,287        

immediately preceding twelve weeks, the rate of insured            6,288        

unemployment, not seasonally adjusted, under Chapter 4141. of the  6,289        

Revised Code:                                                                   

      (a)  Equaled or exceeded one hundred twenty per cent of the  6,292        

average of such rates for the corresponding thirteen-week period   6,293        

ending in each of the preceding two calendar years, and for weeks  6,294        

beginning before September 25, 1982, equaled or exceeded four per  6,295        

cent and for weeks beginning after September 25, 1982, equaled or  6,296        

exceeded five per cent;                                                         

      (b)  For weeks of unemployment beginning after December 31,  6,298        

1977, and before September 25, 1982, such rate of insured          6,299        

unemployment:                                                      6,300        

      (i)  Met the criteria set forth in division (A)(2)(a) of     6,302        

                                                          145    


                                                                 
this section; or                                                   6,303        

      (ii)  Equaled or exceeded five per cent.                     6,305        

      (c)  For weeks of unemployment beginning after September     6,307        

25, 1982, such rate of insured unemployment:                       6,308        

      (i)  Met the criteria set forth in division (A)(2)(a) of     6,310        

this section; or                                                   6,311        

      (ii)  Equaled or exceeded six per cent.                      6,313        

      (3)   A "state /'off' indicator" exists for the state for a  6,316        

week if the director determines, in accordance with the            6,318        

regulations of the United States secretary of labor, that for the  6,319        

period consisting of such week and the immediately preceding       6,320        

twelve weeks, the rate of insured unemployment, not seasonally     6,321        

adjusted, under Chapter 4141. of the Revised Code:                 6,322        

      (a)  Was less than one hundred twenty per cent of the        6,324        

average of such rates for the corresponding thirteen-week period   6,325        

ending in each of the preceding two calendar years, or for weeks   6,326        

beginning before September 25, 1982, was less than four per cent   6,327        

and for weeks beginning after September 25, 1982, was less than    6,328        

five per cent;                                                     6,329        

      (b)  For weeks of unemployment beginning after December 31,  6,331        

1977 and before September 25, 1982, such rate of insured           6,332        

unemployment:                                                      6,333        

      (i)  Was less than five per cent; and                        6,335        

      (ii)  Met the criteria set forth in division (A)(3)(a) of    6,337        

this section.                                                      6,338        

      (c)  For weeks of unemployment beginning after September     6,340        

25, 1982, such rate of insured unemployment:                       6,341        

      (i)  Was less than six per cent; and                         6,343        

      (ii)  Met the criteria set forth in division (A)(3)(a) of    6,345        

this section.                                                      6,346        

      (4)  "Rate of insured unemployment," for purposes of         6,348        

divisions (A)(2) and (3) of this section, means the percentage     6,349        

derived by dividing:                                               6,350        

      (a)  The average weekly number of individuals filing claims  6,352        

                                                          146    


                                                                 
for regular compensation in this state for weeks of unemployment   6,353        

with respect to the most recent thirteen-consecutive-week period,  6,354        

as determined by the director on the basis of the director's       6,356        

reports to the United States secretary of labor, by                6,357        

      (b)  The average monthly employment covered under Chapter    6,359        

4141. of the Revised Code, for the first four of the most recent   6,360        

six completed calendar quarters ending before the end of such      6,361        

thirteen-week period.                                              6,362        

      (5)  "Regular benefits" means benefits payable to an         6,364        

individual, as defined in division (C) of section 4141.01 of the   6,365        

Revised Code, or under any other state law, including dependents'  6,366        

allowance and benefits payable to federal civilian employees and   6,367        

to ex-servicepersons pursuant to the "Act of September 6, 1966,"   6,369        

80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and   6,370        

additional benefits as defined in division (A)(10) of this         6,371        

section.                                                           6,372        

      (6)  "Extended benefits" means benefits, including benefits  6,374        

payable to federal civilian employees and to ex-servicepersons     6,376        

pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5        6,377        

U.S.C.A. 8501, and additional benefits, payable to an individual   6,378        

under the provisions of this section for weeks of unemployment in  6,379        

the individual's eligibility period.                               6,380        

      (7)  "Eligibility period" of an individual means the period  6,382        

consisting of the weeks in the individual's benefit year which     6,384        

begin in an extended benefit period and, if the individual's       6,385        

benefit year ends within the extended benefit period, any weeks    6,387        

thereafter which begin in the period.                              6,388        

      (8)  "Exhaustee" means an individual who, with respect to    6,390        

any week of unemployment in the individual's eligibility period:   6,392        

      (a)  Has received prior to the week, all of the regular      6,394        

benefits that were available to the individual under Chapter       6,395        

4141. of the Revised Code, or any other state law, including       6,397        

dependents' allowance and benefits payable to federal civilian     6,398        

employees and ex-servicepersons under the "Act of September 6,     6,399        

                                                          147    


                                                                 
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current  6,401        

benefit year that includes the week;                               6,403        

      (b)  Has received, prior to the week, all of the regular     6,405        

benefits that were available to the individual under this chapter  6,407        

or any other state law, including dependents' allowances and       6,408        

regular benefits available to federal civilian employees and       6,409        

ex-servicepersons under the "Act of September 6, 1966," 80 Stat.   6,411        

585, 5 U.S.C.A.  8501, in the individual's current benefit year    6,412        

that includes the week, after the cancellation of some or all of   6,414        

the individual's wage credits or the total or partial reduction    6,416        

of the individual's right to regular benefits, provided that, for  6,418        

the purposes of divisions (A)(8)(a) and (8)(b) of this section,    6,419        

an individual shall be deemed to have received in the              6,420        

individual's current benefit year all of the regular benefits      6,421        

that were either payable or available to the individual even       6,422        

though:                                                            6,423        

      (i)  As a result of a pending appeal with respect to wages   6,425        

or employment, or both, that were not included in the original     6,426        

monetary determination with respect to the individual's current    6,428        

benefit year, the individual may subsequently be determined to be  6,429        

entitled to more regular benefits, or                              6,431        

      (ii)  By reason of section 4141.33 of the Revised Code, or   6,433        

the seasonal employment provisions of another state law, the       6,434        

individual is not entitled to regular benefits with respect to     6,436        

the week of unemployment, although the individual may be entitled  6,437        

to regular benefits with respect to future weeks of unemployment   6,439        

in either the next season or off season in the individual's        6,440        

current benefit year, and the individual is otherwise an           6,442        

"exhaustee" within the meaning of this section with respect to     6,443        

the right to regular benefits under state law seasonal employment  6,445        

provisions during either the season or off season in which that    6,446        

week of unemployment occurs, or                                                 

      (iii)  Having established a benefit year, no regular         6,448        

benefits are payable to the individual during the year because     6,450        

                                                          148    


                                                                 
the individual's wage credits were cancelled or the individual's   6,451        

right to regular benefits was totally reduced as the result of     6,453        

the application of a disqualification; or                          6,454        

      (c)  The individual's benefit year having expired prior to   6,456        

the week, has no, or insufficient, wages or weeks of employment    6,458        

on the basis of which the individual could establish in any state  6,459        

a new benefit year that would include the week, or having          6,461        

established a new benefit year that includes the week, the         6,462        

individual is precluded from receiving regular benefits by reason  6,464        

of a state law which meets the requirements of section 3304        6,465        

(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26     6,466        

U.S.C.A. 3301 to 3311; and                                                      

      (i)  Has no right for the week to unemployment benefits or   6,468        

allowances, as the case may be, under the Railroad Unemployment    6,469        

Insurance Act, the Trade Act of 1974, and other federal laws as    6,470        

are specified in regulations issued by the United States           6,471        

secretary of labor; and                                            6,472        

      (ii)  Has not received and is not seeking for the week       6,474        

unemployment benefits under the unemployment compensation law of   6,475        

the Virgin Islands, prior to the day after that on which the       6,476        

secretary of labor approves the unemployment compensation law of   6,477        

the Virgin Islands, or of Canada; or if the individual is seeking  6,479        

benefits and the appropriate agency finally determines that the    6,480        

individual is not entitled to benefits under the law for the       6,482        

week.                                                                           

      (9)  "State law" means the unemployment insurance law of     6,484        

any state, approved by the United States secretary of labor under  6,485        

section 3304 of the Internal Revenue Code of 1954.                 6,486        

      (10)  "Additional benefits" means benefits totally financed  6,488        

by a state and payable to exhaustees by reason of high             6,489        

unemployment or by reason of other special factors under the       6,490        

provisions of any state law.                                       6,491        

      (B)  Except when the result would be inconsistent with the   6,493        

other provisions of this section, as provided in the regulations   6,494        

                                                          149    


                                                                 
of the director, the provisions of Chapter 4141.  of the Revised   6,497        

Code, which apply to claims for, or the payment of, regular        6,498        

benefits, shall apply to claims for, and the payment of, extended  6,499        

benefits.                                                                       

      (C)  Any individual shall be eligible to receive extended    6,501        

benefits with respect to any week of unemployment in the           6,502        

individual's eligibility period only if the director finds that,   6,505        

with respect to such week:                                         6,506        

      (1)  The individual is an "exhaustee" as defined in          6,508        

division (A)(8) of this section; and                               6,509        

      (2)  The individual has satisfied the requirements of        6,511        

Chapter 4141. of the Revised Code, for the receipt of regular      6,512        

benefits that are applicable to individuals claiming extended      6,513        

benefits, including not being subject to a disqualification for    6,514        

the receipt of benefits.                                           6,515        

      (D)  The weekly extended benefit amount payable to an        6,517        

individual for a week of total unemployment in the individual's    6,519        

eligibility period shall be the same as the weekly benefit amount  6,520        

payable to the individual during the individual's applicable       6,522        

benefit year.                                                                   

      (E)  The total extended benefit amount payable to any        6,524        

eligible individual with respect to the individual's applicable    6,526        

benefit year shall be the lesser of the following amounts:         6,527        

      (1)  Fifty per cent of the total amount of regular           6,529        

benefits, including dependents' allowances which were payable to   6,530        

the individual under Chapter 4141. of the Revised Code, in the     6,532        

individual's applicable benefit year;                              6,533        

      (2)  Thirteen times the individual's weekly benefit amount,  6,535        

including dependents' allowances, which was payable to the         6,537        

individual under Chapter 4141. of the Revised Code, for a week of  6,539        

total unemployment in the applicable benefit year; provided, that  6,540        

in making the computation under divisions (E)(1) and (2) of this   6,541        

section, any amount which is not a multiple of one dollar shall    6,542        

be rounded to the next lower multiple of one dollar.               6,543        

                                                          150    


                                                                 
      (F)(1)  Except as provided in division (F)(2) of this        6,545        

section, an individual eligible for extended benefits pursuant to  6,546        

an interstate claim filed in any state under the interstate        6,547        

benefit payment plan shall not be paid extended benefits for any   6,548        

week in which an extended benefit period is not in effect in such  6,549        

state.                                                             6,550        

      (2)  Division (F)(1) of this section does not apply with     6,552        

respect to the first two weeks for which extended compensation is  6,553        

payable to an individual, as determined without regard to this     6,554        

division, pursuant to an interstate claim filed under the          6,555        

interstate benefit payment plan from the total extended benefit    6,556        

amount payable to that individual in the individual's applicable   6,558        

benefit year.                                                                   

      (3)  Notwithstanding any other provisions of this section,   6,560        

if the benefit year of any individual ends within an extended      6,561        

benefit period, the remaining balance of extended benefits that    6,562        

the individual would, but for this section, be entitled to         6,563        

receive in that extended benefit period, with respect to weeks of  6,564        

unemployment beginning after the end of the benefit year, shall    6,565        

be reduced, but not below zero, by the product of the number of    6,566        

weeks for which the individual received any amounts as trade       6,567        

readjustment allowances within that benefit year, multiplied by    6,568        

the individual's weekly benefit amount for extended benefits.      6,569        

      (G)(1)  Whenever an extended benefit period is to become     6,571        

effective in this state, as a result of a state "on" indicator,    6,572        

or an extended benefit period is to be terminated in this state    6,573        

as a result of a state "off" indicator, the director shall make    6,576        

an appropriate public announcement.                                             

      (2)  Computations required by division (A)(4) of this        6,578        

section shall be made by the director, in accordance with the      6,581        

regulations prescribed by the United States secretary of labor.    6,582        

      (H)(1)(a)  The director shall promptly examine any           6,584        

application for extended benefits filed and, under this section,   6,585        

shall determine whether such THE application is to be allowed or   6,587        

                                                          151    


                                                                 
disallowed and, if allowed, the weekly and total extended          6,588        

benefits payable and the effective date of the application.  The   6,589        

claimant, the claimant's most recent employer, and any other       6,590        

employer in the base period of the claim upon which the extended   6,592        

benefits are based, and who was chargeable for regular benefits    6,593        

based on such claim, shall be notified of such determination.      6,594        

      (b)  The determination issued to the most recent or other    6,596        

base period employer shall include the total amount of extended    6,597        

benefits which THAT may be charged to the employer's account.      6,598        

Such potential charge amount shall be an amount equal to           6,600        

one-fourth of the regular benefits chargeable to the employer's    6,601        

account on the regular claim upon which extended benefits are      6,603        

based except that, effective January 1, 1979, the potential        6,604        

charge amount to the state and its instrumentalities and its       6,605        

political subdivisions and their instrumentalities shall be an     6,606        

amount equal to one-half of the regular benefits chargeable to     6,607        

their accounts on such claim.  If regular benefits were            6,608        

chargeable to the mutualized account, in lieu of an employer's     6,609        

account, then the extended benefits which are based on such prior  6,610        

mutualized benefits shall also be charged to the mutualized        6,611        

account.                                                                        

      (c)  As extended benefits are paid to eligible individuals:  6,613        

      (i)  One-half of such benefits will be charged to an         6,615        

extended benefit account to which reimbursement payments of        6,616        

one-half of extended benefits, received from the federal           6,617        

government as described in division (J) of this section, will be   6,618        

credited; and                                                      6,619        

      (ii)  One-half of the extended benefits shall be charged to  6,621        

the accounts of base period employers and the mutualized account   6,622        

in the same sequence PROPORTION as was provided for on the         6,623        

regular claim; or                                                  6,624        

      (iii)  The full amount of extended benefits shall be         6,626        

charged to the accounts of the state and its instrumentalities,    6,627        

and its political subdivisions and their instrumentalities.        6,628        

                                                          152    


                                                                 
Employers making payments in lieu of contributions shall be        6,629        

charged in accordance with division (B)(1) of section 4141.241 of  6,630        

the Revised Code.                                                  6,631        

      (d)  If the application for extended benefits is             6,633        

disallowed, a determination shall be issued to the claimant,       6,634        

which determination shall set forth the reasons for the            6,635        

disallowance.  Determinations issued under this division, whether  6,636        

allowed or disallowed, shall be subject to reconsideration and     6,637        

appeal in accordance with section 4141.28 of the Revised Code.     6,638        

      (2)  Any additional or continued claims, as described in     6,640        

division (F) of section 4141.01 of the Revised Code, filed by an   6,641        

individual at the beginning of, or during, the individual's        6,642        

extended benefit period shall be determined under division (D) of  6,644        

section 4141.28 of the Revised Code, and such determination shall  6,645        

be subject to reconsideration and appeal in accordance with        6,646        

section 4141.28 of the Revised Code.                               6,647        

      (I)  Notwithstanding division (B) of this section, payment   6,649        

of extended benefits under this section shall not be made to any   6,650        

individual for any week of unemployment in the individual's        6,651        

eligibility period during which the individual fails to accept     6,653        

any offer of suitable work, as defined in division (I)(2) of this  6,655        

section, or fails to apply for any suitable work to which the      6,656        

individual was referred by the director, or fails to actively      6,658        

engage in seeking work, as prescribed in division (I)(4) of this   6,659        

section.                                                                        

      (1)  If any individual is ineligible for extended benefits   6,661        

for any week by reason of a failure described in this division,    6,662        

the individual shall be ineligible to receive extended benefits    6,663        

beginning with the week in which the failure occurred and          6,664        

continuing until the individual has been employed during each of   6,665        

four subsequent weeks and the total remuneration earned by the     6,666        

individual for this employment is equal to or more than four       6,667        

times the individual's weekly extended benefit amount, and has     6,668        

met all other eligibility requirements of this section, in order   6,669        

                                                          153    


                                                                 
to establish entitlement to extended benefits.                     6,670        

      (2)  For purposes of this section, the term "suitable work"  6,672        

means, with respect to an individual, any work which is within     6,673        

the individual's capabilities, provided that with respect to the   6,674        

position all of the following requirements are met:                6,675        

      (a)  It offers the individual gross average weekly           6,677        

remuneration of more than the sum of:                              6,678        

      (i)  The individual's extended weekly benefit amount; and    6,680        

      (ii)  The amount of supplemental unemployment compensation   6,682        

benefits, as defined in section 501(c)(17)(D) of the "Internal     6,683        

Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to  6,684        

the individual for the week of unemployment.                       6,685        

      (b)  It pays equal to or more than the higher of:            6,687        

      (i)  The minimum wage provided by section 6(a)(1) of the     6,689        

"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.     6,690        

206, without regard to any exemption; or                           6,691        

      (ii)  Any applicable state or local minimum wage.            6,693        

      (c)  It is offered to the individual in writing or is        6,695        

listed with the employment office maintained or designated by the  6,696        

director.                                                          6,697        

      (3)  Extended benefits shall not be denied under this        6,699        

division to any individual for any week by reason of a failure to  6,700        

accept an offer of, or apply for suitable work if either of the    6,701        

following conditions apply:                                        6,702        

      (a)  The failure would not result in a denial of benefits    6,704        

to a regular benefit claimant under section 4141.29 of the         6,705        

Revised Code to the extent that section 4141.29 of the Revised     6,706        

Code is not inconsistent with division (I)(2) of this section;     6,707        

      (b)  The individual furnishes evidence satisfactory to the   6,709        

director that the individual's prospects for obtaining work in     6,712        

the individual's customary occupation within a reasonably short    6,713        

period are good.  If the evidence is deemed satisfactory, the      6,714        

determination as to whether any work is suitable work with         6,715        

respect to this individual and whether the individual is           6,716        

                                                          154    


                                                                 
ineligible or disqualified shall be based upon the meaning of      6,717        

"suitable work" and other provisions in section 4141.29 of the     6,718        

Revised Code.                                                                   

      (4)  For purposes of this section, an individual shall be    6,720        

treated as actively engaged in seeking work during any week if:    6,721        

      (a)  The individual has engaged in a systematic and          6,723        

sustained effort to obtain work during that week; and              6,724        

      (b)  The individual provides tangible evidence to the        6,726        

director that the individual has engaged in the effort during      6,729        

that week.                                                                      

      (5)  The director shall refer applicants for extended        6,732        

benefits to job openings that meet the requirements of divisions   6,733        

(E) and (F) of section 4141.29 of the Revised Code, and in the     6,734        

case of applicants whose prospects are determined not to be good   6,735        

under division (I)(3)(b) of this section to any suitable work      6,736        

which meets the criteria in divisions (I)(2) and (3)(a) of this    6,737        

section.                                                           6,738        

      (6)  Individuals denied extended or regular benefits under   6,740        

division (D)(1)(b) of section 4141.29 of the Revised Code because  6,741        

of being given a disciplinary layoff for misconduct must, after    6,742        

the date of disqualification, work the length of time and earn     6,743        

the amount of remuneration specified in division (I)(1) of this    6,744        

section, and meet all other eligibility requirements of this       6,745        

section, in order to establish entitlement to extended benefits.   6,746        

      (J)  All payments of extended benefits made pursuant to      6,748        

this section shall be paid out of the unemployment compensation    6,749        

fund, provided by section 4141.09 of the Revised Code, and all     6,750        

payments of the federal share of extended benefits that are        6,751        

received as reimbursements under section 204 of the                6,752        

"Federal-State Extended Unemployment Compensation Act of 1970,"    6,753        

84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such         6,754        

unemployment compensation fund and shall be credited to the        6,755        

extended benefit account established by division (G) of this       6,756        

section.  Any refund of extended benefits, because of prior        6,757        

                                                          155    


                                                                 
overpayment of such benefits, may be made from the unemployment    6,758        

compensation fund.                                                 6,759        

      (K)  In the administration of the provisions of this         6,761        

section which are enacted to conform with the requirements of the  6,762        

"Federal-State Extended Unemployment Compensation Act of 1970,"    6,763        

84 Stat. 696, 26 U.S.C.A. 3306, the director shall take such       6,765        

action consistent with state law, as may be necessary:             6,766        

      (1)  To ensure that the provisions are so interpreted and    6,768        

applied as to meet the requirements of the federal act as          6,769        

interpreted by the United States department of labor; and          6,770        

      (2)  To secure to this state the full reimbursement of the   6,772        

federal share of extended benefits paid under this section that    6,773        

are reimbursable under the federal act.                            6,774        

      Sec. 4141.43.  (A)  The director of job and family services  6,783        

may cooperate with the industrial commission, the bureau of        6,785        

workers' compensation, the United States internal revenue          6,786        

service, the United States employment service, and other similar   6,787        

departments and agencies, as determined by the director, in the    6,789        

exchange or disclosure of information as to wages, employment,     6,791        

payrolls, unemployment, and other information.  The director may   6,792        

employ, jointly with one or more of such agencies or departments,  6,794        

auditors, examiners, inspectors, and other employees necessary     6,795        

for the administration of this chapter and employment and          6,796        

training services for workers in the state.                        6,797        

      (B)  The director may make the state's record relating to    6,800        

the administration of this chapter available to the railroad                    

retirement board and may furnish the board at the board's expense  6,801        

such copies thereof as the board deems necessary for its           6,802        

purposes.                                                          6,803        

      (C)  The director may afford reasonable cooperation with     6,806        

every agency of the United States charged with the administration  6,807        

of any unemployment compensation law.                                           

      (D)  The director may enter into arrangements with the       6,809        

appropriate agencies of other states or of the United States or    6,810        

                                                          156    


                                                                 
Canada whereby individuals performing services in this and other   6,811        

states for a single employer under circumstances not specifically  6,812        

provided for in division (B) of section 4141.01 of the Revised     6,813        

Code or in similar provisions in the unemployment compensation     6,814        

laws of such other states shall be deemed to be engaged in         6,815        

employment performed entirely within this state or within one of   6,816        

such other states or within Canada, and whereby potential rights   6,817        

to benefits accumulated under the unemployment compensation laws   6,818        

of several states or under such a law of the United States, or     6,819        

both, or of Canada may constitute the basis for the payment of     6,820        

benefits through a single appropriate agency under terms that the  6,821        

director finds will be fair and reasonable as to all affected      6,823        

interests and will not result in any substantial loss to the       6,824        

unemployment compensation fund.                                                 

      (E)  The director may enter into agreements with the         6,826        

appropriate agencies of other states or of the United States or    6,827        

Canada:                                                            6,828        

      (1)  Whereby services or wages upon the basis of which an    6,830        

individual may become entitled to benefits under the unemployment  6,831        

compensation law of another state or of the United States or       6,832        

Canada shall be deemed to be employment or wages for employment    6,833        

by employers for the purposes of qualifying claimants for          6,834        

benefits under this chapter, and the director may estimate the     6,836        

number of weeks of employment represented by the wages reported    6,837        

to the director for such claimants by such other agency, provided  6,838        

such other state agency or agency of the United States or Canada   6,839        

has agreed to reimburse the unemployment compensation fund for     6,840        

such portion of benefits paid under this chapter upon the basis    6,841        

of such services or wages as the director finds will be fair and   6,843        

reasonable as to all affected interests;                                        

      (2)  Whereby the director will reimburse other state or      6,846        

federal or Canadian agencies charged with the administration of    6,847        

unemployment compensation laws with such reasonable portion of                  

benefits, paid under the law of such other states or of the        6,848        

                                                          157    


                                                                 
United States or of Canada upon the basis of employment or wages   6,849        

for employment by employers, as the director finds will be fair    6,851        

and reasonable as to all affected interests.  Reimbursements so    6,852        

payable shall be deemed to be benefits for the purpose of section  6,853        

4141.09 and division (A) of section 4141.30 of the Revised Code.   6,854        

However, no reimbursement so payable shall be charged against any  6,855        

employer's account for the purposes of section 4141.24 of the      6,856        

Revised Code if the employer's account, under the same or similar  6,857        

circumstances, with respect to benefits charged under the          6,858        

provisions of this chapter, other than this section, would not be  6,859        

charged or, if the claimant at the time the claimant files the     6,860        

combined wage claim cannot establish benefit rights under this     6,862        

chapter.  This noncharging shall not be applicable to a nonprofit               

organization that has elected to make payments in lieu of          6,864        

contributions under section 4141.241 of the Revised Code, except   6,865        

as provided in division (D)(2) of section 4141.24 of the Revised   6,867        

Code.  The director may make to other state or federal or          6,869        

Canadian agencies and receive from such other state or federal or  6,870        

Canadian agencies reimbursements from or to the unemployment       6,871        

compensation fund, in accordance with arrangements pursuant to     6,872        

this section.                                                                   

      (3)  Notwithstanding division (B)(2)(f) of section 4141.01   6,874        

of the Revised Code, the director may enter into agreements with   6,876        

other states whereby services performed for a crew leader, as      6,877        

defined in division (BB) of section 4141.01 of the Revised Code,   6,878        

may be covered in the state in which the crew leader either:       6,879        

      (a)  Has the crew leader's place of business or from which   6,882        

the crew leader's business is operated or controlled;              6,883        

      (b)  Resides if the crew leader has no place of business in  6,886        

any state.                                                         6,887        

      (F)  The director may apply for an advance to the            6,889        

unemployment compensation fund and do all things necessary or      6,890        

required to obtain such advance and arrange for the repayment of   6,891        

such advance in accordance with Title XII of the "Social Security  6,892        

                                                          158    


                                                                 
Act" as amended.                                                   6,893        

      (G)  The director may enter into reciprocal agreements or    6,896        

arrangements with the appropriate agencies of other states in                   

regard to services on vessels engaged in interstate or foreign     6,897        

commerce whereby such services for a single employer, wherever     6,898        

performed, shall be deemed performed within this state or within   6,899        

such other states.                                                 6,900        

      (H)  The director shall participate in any arrangements for  6,903        

the payment of compensation on the basis of combining an           6,904        

individual's wages and employment, covered under this chapter,     6,905        

with the individual's wages and employment covered under the       6,906        

unemployment compensation laws of other states which are approved  6,907        

by the United States secretary of labor in consultation with the   6,908        

state unemployment compensation agencies as reasonably calculated  6,909        

to assure the prompt and full payment of compensation in such      6,910        

situations and which include provisions for:                       6,911        

      (1)  Applying the base period of a single state law to a     6,913        

claim involving the combining of an individual's wages and         6,914        

employment covered under two or more state unemployment            6,915        

compensation laws, and                                             6,916        

      (2)  Avoiding the duplicate use of wages and employment by   6,918        

reason of such combining.                                          6,919        

      (I)  The director shall cooperate with the United States     6,922        

department of labor to the fullest extent consistent with this     6,923        

chapter, and shall take such action, through the adoption of                    

appropriate rules, regulations, and administrative methods and     6,924        

standards, as may be necessary to secure to this state and its     6,925        

citizens all advantages available under the provisions of the      6,926        

"Social Security Act" that relate to unemployment compensation,    6,927        

the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26        6,928        

U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48 Stat.    6,930        

113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment  6,931        

Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306, AND     6,932        

THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29          6,934        

                                                          159    


                                                                 
U.S.C.A. 2801 ET SEQ.                                                           

      (J)  THE DIRECTOR MAY DISCLOSE WAGE INFORMATION FURNISHED    6,936        

TO OR MAINTAINED BY THE DIRECTOR UNDER CHAPTER 4141. OF THE        6,937        

REVISED CODE TO A CONSUMER REPORTING AGENCY AS DEFINED BY THE      6,938        

"FAIR CREDIT REPORTING ACT," 84 STAT. 1128, 15 U.S.C.A. 1681a, AS  6,940        

AMENDED, FOR THE PURPOSE OF VERIFYING AN INDIVIDUAL'S INCOME       6,941        

UNDER A WRITTEN AGREEMENT THAT REQUIRES ALL OF THE FOLLOWING:      6,942        

      (1)  A WRITTEN STATEMENT OF INFORMED CONSENT FROM THE        6,944        

INDIVIDUAL WHOSE INFORMATION IS TO BE DISCLOSED;                   6,945        

      (2)  A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER        6,947        

REPORTING AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS  6,948        

DISCLOSED OR RELEASED WILL SAFEGUARD THE INFORMATION FROM ILLEGAL  6,949        

OR UNAUTHORIZED DISCLOSURE;                                                     

      (3)  A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER        6,951        

REPORTING AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH  6,952        

THE DISCLOSURE.                                                                 

      THE DIRECTOR SHALL PRESCRIBE A MANNER AND FORMAT IN WHICH    6,954        

THIS INFORMATION MAY BE PROVIDED.                                  6,955        

      (K)  THE DIRECTOR SHALL ADOPT RULES DEFINING THE             6,957        

REQUIREMENTS OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION      6,958        

INFORMATION SPECIFIED IN DIVISION (J) OF THIS SECTION, WHICH       6,959        

SHALL INCLUDE ALL TERMS AND CONDITIONS NECESSARY TO MEET THE       6,960        

REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY THE UNITED STATES    6,961        

DEPARTMENT OF LABOR OR CONSIDERED NECESSARY BY THE DIRECTOR FOR    6,962        

THE PROPER ADMINISTRATION OF THIS DIVISION.                                     

      (L)  THE DIRECTOR SHALL DISCLOSE INFORMATION FURNISHED TO    6,964        

OR MAINTAINED BY THE DIRECTOR UNDER THIS CHAPTER UPON REQUEST AND  6,965        

ON A REIMBURSABLE BASIS AS REQUIRED BY SECTION 303 OF THE "SOCIAL  6,967        

SECURITY ACT," 42 U.S.C.A. 503, AND SECTION 3304 OF THE "INTERNAL  6,971        

REVENUE CODE," 26 U.S.C.A. 3304.                                   6,973        

      Sec. 5104.11.  (A)(1)  Except as provided in division        6,982        

(G)(1) of section 5104.011 of the Revised Code, after receipt of   6,983        

an application for certification from a type B family day-care     6,984        

home, the county director of job and family services shall         6,985        

                                                          160    


                                                                 
inspect.  If it complies with this chapter and any applicable      6,987        

rules adopted under this chapter, the county department shall      6,988        

certify the type B family day-care home to provide publicly        6,990        

funded child day-care pursuant to this chapter and any rules       6,991        

adopted under it.  The director of job and family services or a    6,992        

county director of job and family services may contract with a     6,994        

government entity or a private nonprofit entity for that entity    6,995        

to inspect and certify type B family day-care homes pursuant to    6,996        

this section.  The county department of job and family services,   6,998        

government entity, or nonprofit entity shall conduct the           6,999        

inspection prior to the issuance of a certificate for the type B   7,000        

home and, as part of that inspection, shall ensure that the type   7,001        

B home is safe and sanitary.  An                                                

      (2)  EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS SECTION,  7,004        

AN authorized provider of a type B family day-care home that       7,005        

receives a certificate pursuant to this section to provide         7,006        

publicly funded child day-care is an independent contractor and    7,007        

is not an employee of the county department of job and family      7,009        

services that issues the certificate.                                           

      (3)  FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE,      7,012        

DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED          7,013        

PROVIDER OF A TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A          7,014        

CERTIFICATE PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER     7,015        

CHAPTER 4141. OF THE REVISED CODE.                                 7,016        

      (B)  Every person desiring to receive certification for a    7,018        

type B family day-care home shall apply for certification to the   7,019        

county director of job and family services on such forms as the    7,021        

director of job and family services prescribes.  The county        7,022        

director shall provide at no charge to each applicant a copy of    7,023        

rules for certifying type B family day-care homes adopted          7,024        

pursuant to this chapter.                                                       

      (C)  If the county director of job and family services       7,026        

determines that the type B family day-care home complies with      7,028        

this chapter and any rules adopted under it, the county director   7,029        

                                                          161    


                                                                 
shall issue to the provider a certificate to provide publicly      7,031        

funded child day-care for twelve months.  The county director may  7,032        

revoke the certificate after determining that revocation is        7,033        

necessary.  The authorized provider shall post the certificate in  7,035        

a conspicuous place in the certified type B home that is           7,036        

accessible to parents, custodians, or guardians at all times.      7,037        

The certificate shall state the name and address of the            7,038        

authorized provider, the maximum number of children who may be     7,039        

cared for at any one time in the certified type B home, the        7,040        

expiration date of the certification, and the name and telephone   7,041        

number of the county director who issued the certificate.          7,042        

      (D)  The county director shall inspect every certified type  7,044        

B family day-care home at least twice within each twelve-month     7,045        

period of the operation of the certified type B home.  A minimum   7,046        

of one inspection shall be unannounced and all inspections may be  7,047        

unannounced.  Upon receipt of a complaint, the county director     7,048        

shall investigate and may inspect the certified type B home.  The  7,049        

authorized provider shall permit the county director to inspect    7,050        

any part of the certified type B home.  The county director shall  7,051        

prepare a written inspection report and furnish one copy to the    7,052        

authorized provider within a reasonable time after the             7,053        

inspection.                                                        7,054        

      (E)  The county director of job and family services, in      7,056        

accordance with rules adopted pursuant to section 5104.052 of the  7,058        

Revised Code regarding fire safety and fire prevention, shall      7,059        

inspect each type B home that applies to be certified that is      7,060        

providing or is to provide publicly funded child day-care.         7,061        

      (F)  All materials that are supplied by the department of    7,063        

job and family services to type A family day-care home providers,  7,064        

type B family day-care home providers, in-home aides, persons who  7,065        

desire to be type A family day-care home providers, type B family  7,066        

day-care home providers, or in-home aides, and caretaker parents   7,067        

shall be written at no higher than the sixth grade reading level.  7,068        

The department may employ a readability expert to verify its       7,069        

                                                          162    


                                                                 
compliance with this division.                                     7,070        

      Section 2.  That existing sections 2301.371, 3111.20,        7,072        

3113.21, 4141.01, 4141.162, 4141.21, 4141.23, 4141.24, 4141.241,   7,074        

4141.25, 4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 of the   7,076        

Revised Code are hereby repealed.