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.