As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. H. B. No. 509  5            

      1999-2000                                                    6            


            REPRESENTATIVES CORBIN-CATES-SENATOR NEIN              8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 2301.371, 3111.20, 3113.21,         12           

                4141.01, 4141.162, 4141.21, 4141.23, 4141.24,      13           

                4141.241, 4141.25, 4141.28, 4141.29, 4141.301,                  

                4141.43, and 5104.11 and to enact sections         16           

                4141.281, 4141.282, and 4141.283 of the Revised                 

                Code to make changes in the Unemployment           17           

                Compensation Law.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 2301.371, 3111.20, 3113.21,        21           

4141.01, 4141.162, 4141.21, 4141.23, 4141.24, 4141.241, 4141.25,   22           

4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 be amended and    25           

sections 4141.281, 4141.282, and 4141.283 of the Revised Code be   26           

enacted to read as follows:                                                     

      Sec. 2301.371.  (A)  If a child support enforcement agency   35           

discovers pursuant to an investigation conducted under section     36           

2301.37 of the Revised Code that an obligor under a child support  37           

order that it is administering may be receiving unemployment       38           

compensation benefits or if a child support enforcement agency     39           

receives notice or otherwise discovers that an obligor under a     40           

child support order may be receiving unemployment compensation     41           

benefits, the agency promptly shall conduct an investigation to    42           

determine whether the obligor is receiving unemployment            43           

compensation benefits and to determine the amount of the           44           

benefits.  The investigation shall be completed within ten days    45           

of the agency's discovery or receipt of the notice.                46           

      (B)  Upon completion of an investigation conducted under     48           

                                                          2      


                                                                 
division (A) of this section, if the agency finds that the         49           

obligor is receiving unemployment compensation benefits, it        50           

shall, in accordance with sections 3111.20 to 3111.28 and,         51           

3113.21 to 3113.219, AND 4141.282 of the Revised Code, division    53           

(D)(4) of section 4141.28 of the Revised Code, and federal law     54           

governing the department of job and family services, notify the    57           

department of job and family services to withhold or deduct an     59           

amount from the unemployment compensation benefits to pay child    61           

support obligations.  EFFECTIVE FOR APPLICATIONS TO ESTABLISH      63           

UNEMPLOYMENT COMPENSATION BENEFIT RIGHTS FILED AFTER DECEMBER 27,  64           

1997, THE AMOUNT WITHHELD WITH RESPECT TO A WEEK OF UNEMPLOYMENT   65           

BENEFITS SHALL NOT EXCEED FIFTY PER CENT OF THE INDIVIDUAL'S       66           

WEEKLY BENEFIT AMOUNT AS DETERMINED BY THE DIRECTOR OF JOB AND     67           

FAMILY SERVICES.                                                   68           

      The agency may not impose the processing charge pursuant to  70           

division (G)(1) of section 2301.35 of the Revised Code with        71           

respect to amounts withheld or deducted from unemployment          72           

compensation pursuant to this section.                                          

      (C)  The director of job and family services shall adopt     75           

rules in accordance with Chapter 119. of the Revised Code to       76           

implement this section, which rules shall be consistent with       77           

division (D)(4) of section 4141.28 4141.282 of the Revised Code    79           

and federal law governing the department.                                       

      Sec. 3111.20.  (A)  As used in sections 3111.20 to 3111.29   88           

of the Revised Code:                                               89           

      (1)  "Obligor" means the person required to pay support      91           

under an administrative support order.                             92           

      (2)  "Obligee" means the person entitled to receive the      94           

support payments under an administrative support order.            95           

      (3)  "Administrative support order" means an administrative  97           

order for the payment of support that is issued by a child         98           

support enforcement agency.                                        99           

      (4)  "Support" means child support.                          101          

      (5)  "Personal earnings" means compensation paid or payable  103          

                                                          3      


                                                                 
for personal services, however denominated, and includes, but is   104          

not limited to, wages, salary, commissions, bonuses, draws         105          

against commissions, profit sharing, and vacation pay.             106          

      (6)  "Financial institution" means a bank, savings and loan  108          

association, or credit union, or a regulated investment company    109          

or mutual fund in which a person who is required to pay support    110          

has funds on deposit that are not exempt under the law of this     111          

state or the United States from execution, attachment, or other    112          

legal process.                                                     113          

      (7)  "Title IV-D case" means any case in which the child     115          

support enforcement agency is enforcing the support order          116          

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      117          

2351 (1975), 42 U.S.C. 651, as amended.                            118          

      (8)  "Payor" means any person or entity that distributes     121          

income to an obligor including the obligor, if the obligor is      123          

self-employed; an employer; an employer that is paying the         124          

obligor's workers' compensation benefits; the public employees     125          

retirement board; the governing entity of any municipal            126          

retirement system; the board of trustees of the Ohio police and    128          

fire pension fund; the state teachers retirement board; the        129          

school employees retirement board; the state highway patrol        130          

retirement board; a person paying or otherwise distributing an     131          

obligor's income; the bureau of workers' compensation; or any      132          

other person or entity, except the director of job and family      134          

services with respect to unemployment compensation benefits paid   137          

pursuant to Chapter 4141. of the Revised Code.                     138          

      (9)  "Income" means any form of monetary payment including   141          

personal earnings; unemployment compensation benefits to the       142          

extent permitted by, and in accordance with, section SECTIONS      143          

2301.371 of the Revised Code, division (D)(4) of section 4141.28   146          

AND 4141.282 of the Revised Code, and federal law governing the    148          

department of job and family services; workers' compensation       150          

payments; pensions; annuities; allowances; retirement benefits;    152          

disability or sick pay; insurance proceeds; lottery prize awards;  153          

                                                          4      


                                                                 
federal, state, or local government benefits to the extent that    154          

the benefits can be withheld or deducted under the law governing   155          

the benefits; any form of trust fund or endowment; lump-sum        156          

payments; and any other monetary payments.                                      

      (B)  A man who is presumed to be the natural father of a     159          

child pursuant to section 3111.03 of the Revised Code assumes the  160          

parental duty of support with respect to the child.                161          

      (C)  Notwithstanding section 3109.01 of the Revised Code, a  163          

parent's duty of support for a child shall continue beyond the     164          

age of majority as long as the child continuously attends on a     165          

full-time basis any recognized and accredited high school or a     167          

court-issued child support order provides that the duty of                      

support continues beyond the age of majority.  Except in cases in  168          

which a child support order requires the duty of support to        169          

continue for any period after the child reaches nineteen years of  170          

age, the duty does not continue after the child reaches nineteen   171          

years of age.  The parental duty of support shall continue during  172          

seasonal vacations.                                                173          

      A parent, guardian, or legal custodian of a child, the       175          

person with whom the child resides, or the child support           176          

enforcement agency of the county in which the child, parent,       177          

guardian, or legal custodian of the child resides may file a       179          

complaint pursuant to section 2151.231 of the Revised Code in the  180          

juvenile court of that county requesting the court to order a      181          

parent who neglects or does not assume the parental duty of        182          

support to pay an amount for the support of the child and to       183          

provide for the health care needs of the child, may contact a      185          

child support enforcement agency for assistance in obtaining the   186          

order, or may request an administrative officer of a child         187          

support enforcement agency to issue an administrative order for    188          

the payment of child support and providing for the health care     189          

needs of the child pursuant to division (D) of this section.       190          

Upon the filing of the complaint or the making of the request,     191          

the court shall issue an order requiring the payment of support    192          

                                                          5      


                                                                 
for the child and providing for the health care needs of the       193          

child, pursuant to section 2151.231 of the Revised Code, or the    194          

administrative officer, pursuant to division (D) of this section,  195          

shall issue an order requiring the payment of support for the      196          

child and providing for the health care needs of the child.        197          

      A party to a request made under this division may raise the  199          

issue of the existence or nonexistence of a parent-child           200          

relationship between the presumed natural father and the child     201          

unless the presumption is based on acknowledgment of paternity     202          

that has become final pursuant to section 2151.232, 3111.211, or   203          

5101.314 of the Revised Code.  If a request is made for an         204          

administrative order providing for support and health care needs   206          

pursuant to division (D) of this section and the issue of the      208          

existence or nonexistence of a parent-child relationship is                     

raised, the administrative officer shall treat the request as a    209          

request made pursuant to section 3111.22 of the Revised Code and   210          

determine the issue pursuant to that section.   An administrative  211          

order issued pursuant to division (D) of this section does not     213          

preclude a party from requesting a determination of the issue of   214          

the existence or nonexistence of a parent-child relationship       215          

pursuant to this chapter if the issue was not determined with      217          

respect to the party in the proceedings conducted pursuant to      218          

division (D) of this section or pursuant to an acknowledgment of   219          

paternity that has become final under section 2151.232, 3111.211,  220          

or 5101.314 of the Revised Code.  An order issued pursuant to      222          

division (D) of this section shall remain effective until a final  223          

and enforceable determination is made pursuant to this chapter     224          

that a parent-child relationship does not exist between the        225          

presumed natural father and the child or until the occurrence of   226          

an event described in division (E)(4)(a) of section 3111.23 of     227          

the Revised Code that requires the order to be terminated.         228          

      (D)  If a request is made pursuant to division (C) of this   230          

section or division (A) of section 3111.211 of the Revised Code    231          

for an administrative order requiring the payment of child         233          

                                                          6      


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

administrative officer shall schedule an administrative hearing    235          

to determine, in accordance with sections 3111.23 to 3111.29 and   236          

3113.215 of the Revised Code, the amount of child support either   237          

parent is required to pay, the method of paying that child         239          

support, and the method of providing for the child's health care.  240          

The hearing shall be held not later than sixty days after the      241          

request is made pursuant to division (A) of this section or        243          

division (A) of section 3111.211 of the Revised Code nor earlier   244          

than thirty days after the officer gives the mother and father of  245          

the child notice of the action.  When an administrative officer    246          

issues an administrative order for the payment of support and      247          

provision for the child's health care, all of the following        248          

apply:                                                                          

      (1)  The administrative support order shall require          251          

periodic payments of support that may vary in amount, except       253          

that, if it is in the best interest of the child, the              254          

administrative officer may order a lump sum payment or the         255          

purchase of an annuity in lieu of periodic payments of support.    256          

      (2)  The administrative support order shall require the      258          

parents to provide for the health care needs of the child in       259          

accordance with section 3111.241 of the Revised Code.              260          

      The administrative support order shall include a notice      262          

stating that the mother or the father may object to the            264          

administrative order by bringing an action for the payment of      265          

support and provision for the child's health care under section    266          

2151.321 of the Revised Code in the juvenile court of the county   267          

in which the child or the guardian or legal custodian of the       268          

child resides, that the action may be brought no later than        269          

thirty days after the date of the issuance of the administrative   270          

support order, and that, if neither the mother nor the father      271          

brings an action for the payment of support and provision for the  272          

child's health care within that thirty-day period, the             274          

administrative support order is final and enforceable by a court   275          

                                                          7      


                                                                 
and may be modified and enforced only as provided in sections      276          

3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code.    278          

      Sec. 3113.21.  (A)(1)  In any action in which support is     287          

ordered under Chapter 3115. or under section 2151.23, 2151.231,    288          

2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05,    289          

3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the    290          

Revised Code, the court shall require the withholding or           291          

deduction of income or assets of the obligor in accordance with    292          

division (D) of this section or require the issuance of another    293          

type of appropriate court order in accordance with division        294          

(D)(3) or (4) or (H) of this section to ensure that withholding    296          

or deduction from the income or assets of the obligor is           297          

available from the commencement of the support order for the       299          

collection of the support and any arrearages that occur.  The      300          

court shall determine the specific withholding or deduction        301          

requirements or other appropriate requirements applicable to the   302          

obligor under the support order in accordance with divisions (D)   303          

and (H) of this section and section 2301.371 of the Revised Code   304          

and shall include the specific requirements in the notices         305          

described in divisions (A)(2) and (D) of this section or in the    306          

court orders described in divisions (A)(2), (D)(3) or (4), and     307          

(H) of this section.  Any person required to comply with any       309          

withholding or deduction requirement shall determine the manner    310          

of withholding or deducting from the specific requirement          311          

included in the notices described in those divisions without the   312          

need for any amendment to the support order, and any person        313          

required to comply with a court order described in division        314          

(D)(3), (D)(4), or (H) of this section shall comply with the       316          

court order without the need for any amendment to the support      317          

order.  The court shall include in any action in which support is  318          

ordered as described in division (A)(1) of this section a general  319          

provision that states the following:                                            

      "All child support and spousal support under this order      322          

shall be withheld or deducted from the income or assets of the     324          

                                                          8      


                                                                 
obligor pursuant to a withholding or deduction notice or           325          

appropriate court order issued in accordance with section 3113.21  326          

of the Revised Code or a withdrawal directive issued pursuant to   327          

section 3113.214 of the Revised Code and shall be forwarded to     328          

the obligee in accordance with sections 3113.21 to 3113.213 of     329          

the Revised Code."                                                 330          

      (2)  In any action in which support is ordered or modified   332          

as described in division (A)(1) of this section, the court shall   333          

determine in accordance with divisions (D) and (H) of this         334          

section the types of withholding or deduction requirements or      335          

other appropriate requirements that should be imposed relative to  336          

the obligor under the support order to collect the support due     337          

under the order.  Within fifteen days after the obligor under the  338          

support order is located subsequent to the issuance of the         339          

support order or within fifteen days after the default under the   341          

support order, whichever is applicable, the court or the child     342          

support enforcement agency, as determined by agreement of the      343          

court and the agency, shall send a notice by regular mail to each  344          

person required to comply with a withholding or deduction          345          

requirement.  The notice shall specify the withholding or          346          

deduction requirement and shall contain all of the information     347          

set forth in division (D)(1)(b) or (2)(b) of this section that is  348          

applicable to the requirement.  If the appropriate requirement is  350          

an order of the type described in division (D)(3), (D)(4), or (H)  351          

of this section, the court shall issue and send a court order in   352          

accordance with that division.  The notices and court orders, and  353          

the notices provided by the court or child support enforcement     354          

agency that require the obligor to notify the agency of any        355          

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

in the status of the obligor's assets, are final and are           356          

enforceable by the court.  When the court or agency issues a       357          

notice, it shall provide the notice to the obligor in accordance   358          

with division (D)(1)(c) or (D)(2)(c) of this section, whichever    360          

is applicable, and shall include with the notice the additional    361          

                                                          9      


                                                                 
notices described in the particular division that is applicable.   362          

      (3)(a)  If support is ordered or modified on or after        364          

December 31, 1993, under Chapter 3115. or under section 2151.23,   365          

2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,   367          

3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31  368          

of the Revised Code, if the court has determined in accordance     369          

with division (A)(2) of this section the types of withholding or   370          

deduction requirements or other appropriate requirements that      371          

should be imposed relative to the obligor under the support order  372          

to collect the support due under the order, if the court or a      373          

child support enforcement agency has mailed the appropriate        374          

notice to the person required to comply with the withholding or    375          

deduction requirements that the court has determined should be     376          

imposed or the court has issued and sent a court order described   377          

in division (D)(3), (D)(4), or (H) of this section containing the  379          

other appropriate requirements that the court determined should    380          

be imposed, and if the child support enforcement agency is         381          

notified or otherwise determines that the employment status or     382          

other circumstances of the obligor have changed and that it is     383          

more appropriate to impose another type of or an additional        384          

withholding or deduction requirement or another type of or         385          

additional court order containing another appropriate                           

requirement, the agency immediately shall comply with section      386          

3113.212 of the Revised Code.  The notices and court orders        387          

issued under this division and section 3113.212 of the Revised     388          

Code, and the notices provided by the court or child support       389          

enforcement agency that require the obligor to notify the agency   390          

of any change in the obligor's employment status or of any other   391          

change in the status of the obligor's assets, are final and are    393          

enforceable by the court.                                                       

      (b)  All orders for support issued prior to December 31,     396          

1993, under Chapter 3115. or under section 2151.23, 2151.231,      397          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     399          

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     400          

                                                          10     


                                                                 
Code that have not been modified or subject to division (B) of     402          

this section regarding a default under the order on or after that  403          

date shall be considered to contain the general provision          404          

described in division (A)(1) of this section and shall be          405          

enforced and modified in the same manner as an order for support   406          

issued on or after December 31, 1993.                                           

      (4)  The department of job and family services shall adopt   408          

standard forms for the support withholding and deduction notices   410          

that are prescribed by divisions (A)(1) to (3) and (B) of this     411          

section.  All courts and child support enforcement agencies shall  412          

use the forms in issuing withholding and deduction notices in      413          

compliance with this section.                                      414          

      (B)(1)(a)  In any action in which support is ordered under   417          

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        418          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     420          

3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216,   421          

or 3113.31 of the Revised Code and in which there has been a       422          

default under the order, the court shall comply with divisions     423          

(B)(1) to (6) of this section.                                     424          

      If the support was ordered prior to December 31, 1993, or    426          

pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised   428          

Code, the court that issued the order, or in the case of an order  430          

pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised   431          

Code, the common pleas court of the county in which the child      433          

support enforcement agency that issued the order is located,       434          

shall reissue the support order under which there has been a       435          

default and shall include in the reissued order a general          436          

provision as described in this division requiring the withholding  437          

or deduction of income or assets of the obligor in accordance      439          

with division (D) of this section or requiring the issuance of a   440          

court order containing another type of appropriate requirement in  441          

accordance with division (D)(3), (D)(4), or (H) of this section    443          

to ensure that withholding or deduction from the income or assets  445          

is available for the collection of current support and any         447          

                                                          11     


                                                                 
arrearages that occur.  If the support was ordered pursuant to                  

section 3111.20, 3111.211, or 3111.22 of the Revised Code and the  449          

support order includes a general provision similar to the one      450          

described in this division, the court shall replace the similar    451          

general provision with the general provision described in this     452          

division.  Except for the inclusion or replacement of the general  453          

provision, the provisions of the reissued order required under     454          

this division shall be identical to those of the support order     455          

under which there has been a default.                              456          

      When support has been ordered under any chapter or section   459          

described in this division, the child support enforcement agency   460          

shall initiate support withholding when the order is in default.   461          

Immediately after the identification of a default under the        462          

support order, the child support enforcement agency shall conduct  464          

the investigation described in division (B)(1)(b) of this          465          

section.  Additionally, within fifteen calendar days after the     466          

identification of a default under the support order, the child     467          

support enforcement agency shall investigate the default and, if   468          

it is before July 1, 1999, send advance notice to the obligor.     469          

On and after that date, the division of child support in the       471          

department of human services shall send the advance notice to the  472          

obligor.  The advance notice shall include a notice describing     473          

the actions that may be taken against the obligor pursuant to      474          

sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to        475          

2301.45, and 3113.214 of the Revised Code if the court or agency   476          

makes a final and enforceable determination that the obligor is    477          

in default pursuant to this division.  If the location of the      479          

obligor is unknown at the time of the identification of a default  480          

under the support order, the division shall send the advance       481          

notice to the obligor within fifteen days after the agency         482          

locates the obligor.  The general provision for the withholding    483          

or deduction of income or assets to be included in the reissued    485          

support order specifically shall include the following statement:  486          

      "All child support and spousal support under this order      489          

                                                          12     


                                                                 
shall be withheld or deducted from the income or assets of the     491          

obligor pursuant to a withholding or deduction notice or           492          

appropriate court order issued in accordance with section 3113.21  493          

of the Revised Code or a withdrawal directive issued pursuant to                

section 3113.214 of the Revised Code and shall be forwarded to     494          

the obligee in accordance with sections 3113.21 to 3113.213 of     495          

the Revised Code."                                                 496          

      (b)  After the identification of a default under a support   498          

order as described in division (B)(1)(a) of this section, the      499          

child support enforcement agency immediately shall conduct an      500          

investigation to determine the employment status of the obligor,   501          

the obligor's social security number, the name and business        502          

address of the obligor's employer, whether the obligor is in       503          

default under a support order, the amount of any arrearages, and   504          

any other information necessary to enable the court or agency to   505          

impose any withholding or deduction requirements and issue the     506          

related notices described in division (D) of this section or to    507          

issue any court orders described in division (D)(3) or (4) of      509          

this section.  The agency also shall conduct an investigation      510          

under this division when required by division (C)(1)(a) or (b) of  511          

this section, shall complete the investigation within twenty days  512          

after the obligor or obligee files the motion with the court       513          

under division (C)(1)(a) of this section or the court orders the   514          

investigation under division (C)(1)(b) of this section.            515          

      (2)  An advance notice to an obligor required by division    517          

(B)(1) of this section shall contain all of the following:         518          

      (a)  A statement of the date on which the advance notice is  520          

sent, the amount of arrearages owed by the obligor as determined   521          

by the court or the child support enforcement agency, the types    522          

of withholding or deduction requirements and related notices       523          

described in division (D) of this section or the types of court    524          

orders described in division (D)(3), (D)(4), or (H) of this        526          

section that will be issued to pay support and any arrearages,     527          

and the amount that will be withheld or deducted pursuant to       528          

                                                          13     


                                                                 
those requirements;                                                529          

      (b)  A statement that any notice for the withholding or      531          

deduction of an amount from income or assets apply to all current  533          

and subsequent payors of the obligor and financial institutions    535          

in which the obligor has an account and that any withholding or    536          

deduction requirement and related notice described in division     537          

(D) of this section or any court order described in division       538          

(D)(3), (D)(4), or (H) of this section that is issued will not be  540          

discontinued solely because the obligor pays any arrearages;       541          

      (c)  An explanation of the administrative and court action   543          

that will take place if the obligor contests the inclusion of any  544          

of the provisions;                                                 545          

      (d)  A statement that the contents of the advance notice     547          

are final and are enforceable by the court unless the obligor      548          

files with the child support enforcement agency, within seven      549          

days after the date on which the advance notice is sent, a         550          

written request for an administrative hearing to determine if a    551          

mistake of fact was made in the notice.                            552          

      (3)  If the obligor requests a hearing regarding the         554          

advance notice in accordance with division (B)(2)(d) of this       555          

section, the child support enforcement agency shall conduct an     556          

administrative hearing no later than ten days after the date on    557          

which the obligor files the request for the hearing.  No later     558          

than five days before the date on which the hearing is to be       559          

conducted, the agency shall send the obligor and the obligee       560          

written notice of the date, time, place, and purpose of the        561          

hearing.  The notice to the obligor and obligee also shall         562          

indicate that the obligor may present testimony and evidence at    563          

the hearing only in regard to the issue of whether a mistake of    564          

fact was made in the advance notice.                               565          

      At the hearing, the child support enforcement agency shall   567          

determine whether a mistake of fact was made in the advance        568          

notice.  If it determines that a mistake of fact was made, the     569          

agency shall determine the provisions that should be changed and   570          

                                                          14     


                                                                 
included in a corrected notice and shall correct the advance       571          

notice accordingly.  The agency shall send its determinations to   572          

the obligor.  The agency's determinations are final and are        573          

enforceable by the court unless, within seven days after the       574          

agency makes its determinations, the obligor files a written       575          

motion with the court for a court hearing to determine if a        576          

mistake of fact still exists in the advance notice or corrected    577          

advance notice.                                                    578          

      (4)  If, within seven days after the agency makes its        580          

determinations under division (B)(3) of this section, the obligor  581          

files a written motion for a court hearing to determine if a       582          

mistake of fact still exists in the advance notice or the          583          

corrected advance notice, the court shall hold a hearing on the    584          

request as soon as possible, but no later than ten days, after     585          

the request is filed.  If the obligor requests a court hearing,    586          

no later than five days before the date on which the court         587          

hearing is to be held, the court shall send the obligor and the    588          

obligee written notice by ordinary mail of the date, time, place,  589          

and purpose of the court hearing.  The hearing shall be limited    590          

to a determination of whether there is a mistake of fact in the    591          

advance notice or the corrected advance notice.                    592          

      If, at a hearing conducted under this division, the court    594          

detects a mistake of fact in the advance notice or the corrected   595          

advance notice, it immediately shall correct the notice.           596          

      (5)  Upon exhaustion of all rights of the obligor to         598          

contest the withholding or deduction on the basis of a mistake of  599          

fact and no later than the expiration of forty-five days after     600          

the issuance of the advance notice under division (B)(1) of this   601          

section, the court or child support enforcement agency shall       602          

issue one or more notices requiring withholding or deduction of    603          

income or assets of the obligor in accordance with divisions       605          

(A)(2) and (D) of this section, or the court shall issue one or    606          

more court orders imposing other appropriate requirements in       607          

accordance with division (A)(2) and division (D)(3), (D)(4), or    609          

                                                          15     


                                                                 
(H) of this section.  Thereafter, section 3113.212 of the Revised  610          

Code applies in relation to the issuance of the notices and court  611          

orders.  The notices and court orders issued under this division   612          

or section 3113.212 of the Revised Code are final and are          613          

enforceable by the court.  The court or agency shall send to the   614          

obligor by ordinary mail a copy of the withholding or deduction    615          

notice, in accordance with division (D) of this section.  The      616          

failure of the court or agency to give the notice required by      617          

this division does not affect the ability of any court to issue    618          

any notice or order under this section or any other section of     619          

the Revised Code for the payment of support, does not provide any  620          

defense to any notice or order for the payment of support that is  621          

issued under this section or any other section of the Revised      622          

Code, and does not affect any obligation to pay support.           623          

      (6)  The department of job and family services shall adopt   625          

standard forms for the advance notice prescribed by divisions      627          

(B)(1) to (5) of this section.  All courts and child support       628          

enforcement agencies shall use those forms, and the support        629          

withholding and deduction notice forms adopted under division      630          

(A)(4) of this section, in complying with this section.            631          

      (C)(1)  In any action in which support is ordered under      633          

Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        634          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     636          

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     638          

Code, all of the following apply:                                               

      (a)  The obligor or obligee under the order may file a       640          

motion with the court that issued the order requesting the         641          

issuance of one or more withholding or deduction notices as        642          

described in division (D) of this section to pay the support due   643          

under the order.  The motion may be filed at any time after the    644          

support order is issued.  Upon the filing of a motion pursuant to  645          

this division, the child support enforcement agency immediately    646          

shall conduct, and shall complete within twenty days after the     647          

motion is filed, an investigation in accordance with division      648          

                                                          16     


                                                                 
(B)(1)(b) of this section.  Upon the completion of the             649          

investigation and the filing of the agency's report under          650          

division (B)(1)(b) of this section, the court shall issue one or   651          

more appropriate orders described in division (D) of this          652          

section.                                                           653          

      (b)  If any proceedings involving the support order are      655          

commenced in the court and if the court has not issued any orders  656          

under division (D) of this section as it existed prior to          658          

December 31, 1993, with respect to the support order, if the       659          

court determines that any orders issued under division (D) of      660          

this section as it existed prior to December 31, 1993, no longer   662          

are appropriate, if the court on or after December 31, 1993, has   664          

not modified or reissued the support order under division (A) or   666          

(B) of this section and issued any notices under division (D) or   667          

court orders under division (D)(3) or (4) of this section, or if   669          

the court on or after December 31, 1993, has modified or reissued  671          

the support order under division (A) or (B) of this section and    672          

issued one or more notices under division (D) or one or more       673          

court orders under division (D)(3) or (4) of this section but      675          

determines that the notices or court orders no longer are          676          

appropriate, the court, prior to or during any hearings held with  677          

respect to the proceedings and prior to the conclusion of the      678          

proceedings, shall order the child support enforcement agency to   679          

conduct an investigation pursuant to division (B)(1)(b) of this    680          

section.  Upon the filing of the findings of the agency following  681          

the investigation, the court, as necessary, shall issue one or     682          

more notices described in division (D) or one or more court        683          

orders described in division (D)(3) or (4) of this section or      685          

modify any notices previously issued under division (D) or any     686          

court orders previously issued under division (D)(3) or (4) of     688          

this section.                                                                   

      (c)(i)  If a child support enforcement agency, in            690          

accordance with section 3113.216 of the Revised Code, requests     691          

the court to issue a revised child support order in accordance     692          

                                                          17     


                                                                 
with a revised amount of child support calculated by the agency,   693          

the court shall proceed as described in this division.  If         694          

neither the obligor nor the obligee requests a court hearing on    695          

the revised amount of child support, the court shall issue a       696          

revised child support order requiring the obligor to pay the       697          

revised amount of child support calculated by the agency.          698          

However, if the obligor or the obligee requests a court hearing    699          

on the revised amount of child support calculated by the agency,   700          

the court, in accordance with division (C)(1)(c)(ii) of this       701          

section, shall schedule and conduct a hearing to determine if the  702          

revised amount of child support is the appropriate amount and if   703          

the amount of child support being paid under the child support     704          

order otherwise should be revised.                                 705          

      (ii)  If the court is required to schedule and conduct a     707          

hearing pursuant to division (C)(1)(c)(i) of this section, the     708          

court shall give the obligor, obligee, and agency at least thirty  709          

days' notice of the date, time, and location of the hearing;       710          

order the obligor to provide the court with a copy of the          711          

obligor's federal income tax return from the previous year, a      712          

copy of all pay stubs obtained by the obligor within the           713          

preceding six months, a copy of all other records evidencing the   715          

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

obligor within the preceding six months, a list of the group       716          

health insurance and health care policies, contracts, and plans    717          

available to the obligor and their costs, and the current health   718          

insurance or health care policy, contract, or plan under which     719          

the obligor is enrolled and its cost, if the obligor failed to     720          

provide any of those documents to the agency, and order the        721          

obligee to provide the court with a copy of the obligee's federal  722          

income tax return from the previous year, a copy of all pay stubs  723          

obtained by the obligee within the preceding six months, a copy    725          

of all other records evidencing the receipt of any other salary,   726          

wages, or compensation by the obligee within the preceding six     727          

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

                                                          18     


                                                                 
policies, contracts, and plans available to the obligee and their  728          

costs, and the current health insurance or health care policy,     729          

contract, or plan under which the obligee is enrolled and its      730          

cost, if the obligee failed to provide any of those documents to   732          

the agency; give the obligor and the obligee notice that any       733          

willful failure to comply with that court order is contempt of     734          

court and, upon a finding by the court that the party is in        735          

contempt of court, the court and the agency will take any action   736          

necessary to obtain the information or make any reasonable         737          

assumptions necessary with respect to the information the person   739          

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

equitable review of the child support order; issue a revised       741          

child support order requiring the obligor to pay the revised       742          

amount of child support calculated by the agency, if the court     743          

determines at the hearing that the revised amount of child         744          

support calculated by the agency is the appropriate amount; and    745          

determine the appropriate amount of child support and, if          746          

necessary, issue a revised child support order requiring the       747          

obligor to pay the amount of child support determined by the       748          

court, if the court determines that the revised amount of child    749          

support calculated by the agency is not the appropriate amount.    750          

      (iii)  In determining, at a hearing conducted under          752          

divisions (C)(1)(c)(i) and (ii) of this section, the appropriate   753          

amount of child support to be paid by the obligor, the court       754          

shall consider, in addition to all other factors required by law   755          

to be considered, the appropriate person, whether it is the        756          

obligor, obligee, or both, to be required in accordance with       757          

section 3113.217 of the Revised Code to provide health insurance   759          

coverage for the children specified in the order, and the cost of  760          

health insurance which the obligor, the obligee, or both have      761          

been ordered in accordance with section 3113.217 of the Revised    762          

Code to obtain for the children specified in the order.            763          

      (d)(i)  An obligee under a child support order may file a    766          

motion with the court that issued the order requesting the court   767          

                                                          19     


                                                                 
to modify the order to require the obligor to obtain health        768          

insurance coverage for the children who are the subject of the     769          

order, and an obligor under a child support order may file a       770          

motion with the court that issued the order requesting the court   771          

to modify the order to require the obligee to obtain health        772          

insurance coverage for those children.  Upon the filing of such a  773          

motion, the court shall order the child support enforcement        774          

agency to conduct an investigation to determine whether the        775          

obligor or obligee has satisfactory health insurance coverage for  776          

the children.  Upon completion of its investigation, the agency    777          

shall inform the court, in writing, of its determination.  If the  778          

court determines that neither the obligor nor the obligee has      779          

satisfactory health insurance coverage for the children, it shall  780          

modify the child support order in accordance with section          782          

3113.217 of the Revised Code.                                                   

      (ii)  An obligor or obligee under a child support order may  785          

file a motion with the court that issued the order requesting the  786          

court to modify the amount of child support required to be paid    787          

under the order because that amount does not adequately cover the  788          

medical needs of the child.  Upon the filing of such a motion,     789          

the court shall determine whether the amount of child support      790          

required to be paid under the order adequately covers the medical  791          

needs of the child and whether to modify the order, in accordance  792          

with division (B)(4) of section 3113.215 of the Revised Code.      793          

      (e)  Whenever a court modifies, reviews, or otherwise        795          

reconsiders a child support order, it may reconsider which parent  796          

may claim the children who are the subject of the child support    797          

order as dependents for federal income tax purposes as set forth   798          

in section 151 of the "Internal Revenue Code of 1986," 100 Stat.   799          

2085, 26 U.S.C. 1, as amended, and shall issue its determination   800          

on this issue as part of the child support order.  The court in    801          

its order may permit the parent who is not the residential parent  802          

and legal custodian to claim the children as dependents for        803          

federal income tax purposes only if the payments for child         804          

                                                          20     


                                                                 
support are current in full as ordered by the court for the year   805          

in which the children will be claimed as dependents.  If the       806          

court determines that the parent who is not the residential        807          

parent and legal custodian may claim the children as dependents    808          

for federal income tax purposes, it shall order the residential    809          

parent to take whatever action is necessary pursuant to section    810          

152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     811          

U.S.C. 1, as amended, to enable the parent who is not the          812          

residential parent and legal custodian to claim the children as    813          

dependents for federal income tax purposes in accordance with the  814          

order of the court.  Any willful failure of the residential        815          

parent to comply with the order of the court is contempt of        816          

court.                                                             817          

      (f)  When issuing or modifying a child support order, the    820          

court shall include in the order all of the requirements,          821          

specifications, and statements described in division (B) of        822          

section 3113.218 of the Revised Code.  If the obligor or obligee   823          

does not request a court hearing on the revised amount of child    824          

support determined by the agency and filed with the court          825          

pursuant to section 3113.216 of the Revised Code and the court     827          

modifies the order to include the revised amount pursuant to       828          

division (C)(1)(c)(i) of this section, the modification shall      830          

relate back to the first day of the month following the date       831          

certain on which the review of the child support order began                    

pursuant to division (C)(1)(a) of section 3113.216 of the Revised  832          

Code.  If the obligor or obligee requests a court hearing on the   833          

revised amount of child support pursuant to this section and       834          

section 3113.216 of the Revised Code and the court, after          836          

conducting a hearing, modifies the child support amount under the  837          

order, the modification shall relate back to the first day of the  839          

month following the date certain on which the review of the child  840          

support order began pursuant to division (C)(1)(a) of section      841          

3113.216 of the Revised Code.                                      842          

      (2)  In any action in which a support order is issued under  844          

                                                          21     


                                                                 
Chapter 3115. or under section 2151.23, 2151.231, 2151.232,        846          

2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,     847          

3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised     848          

Code, the court issuing the order also shall conduct a hearing,    849          

prior to or at the time of the issuance of the support order, to   850          

determine the employment status of the obligor, the obligor's      851          

social security number, the name and business address of the       852          

obligor's employer, and any other information necessary to enable  853          

the court or a child support enforcement agency to issue any       854          

withholding or deduction notice described in division (D) of this  855          

section or for the court to issue a court order described in       856          

division (D)(3) or (4) of this section.  The court, prior to the   858          

hearing, shall give the obligor notice of the hearing that shall   860          

include the date on which the notice is given and notice that the  861          

obligor is subject to a requirement for the withholding of a       862          

specified amount from income if employed and to one or more other  863          

types of withholding or deduction requirements described in        864          

division (D) OF THIS SECTION or one or more types of court orders  865          

described in division (D)(3) or (4) of this section and that the   868          

obligor may present evidence and testimony at the hearing to       869          

prove that any of the requirements would not be proper because of  870          

a mistake of fact.                                                 871          

      The court or child support enforcement agency, immediately   873          

upon the court's completion of the hearing, shall issue one or     874          

more of the types of notices described in division (D) of this     875          

section imposing a withholding or deduction requirement, or the    876          

court shall issue one or more types of court orders described in   877          

division (D)(3) or (4) of this section.                            878          

      (D)  If a court or child support enforcement agency is       880          

required under division (A), (B), or (C) of this section or any    881          

other section of the Revised Code to issue one or more             882          

withholding or deduction notices described in this division or     883          

court orders described in division (D)(3) or (4) of this section,  885          

the court shall issue one or more of the following types of        886          

                                                          22     


                                                                 
notices or court orders, or the agency shall issue one or more of  887          

the following types of notices to pay the support required under   888          

the support order in question and also, if required by any of      889          

those divisions, any other section of the Revised Code, or the     890          

court, to pay any arrearages:                                      891          

      (1)(a)  If the court or the child support enforcement        893          

agency determines that the obligor is receiving income from a      895          

payor, the court or agency shall require the obligor's payor to    896          

withhold from the obligor's income a specified amount for support  899          

in satisfaction of the support order, to begin the withholding no  900          

later than fourteen working days following the date the notice     902          

was mailed to the employer under divisions (A)(2) or (B) and       903          

(D)(1)(b) of this section or, if the payor is an employer, no      905          

later than the first pay period that occurs after fourteen         906          

working days following the date the notice was mailed, to send     907          

the amount withheld to the division of child support in the        909          

department of job and family services pursuant to section          911          

5101.325 of the Revised Code, to send that amount to the division  913          

immediately but not later than seven days after the date the       914          

obligor is paid, and to continue the withholding at intervals      915          

specified in the notice until further notice from the court or     916          

child support enforcement agency.  To the extent possible, the     917          

amount specified in the notice to be withheld shall satisfy the    919          

amount ordered for support in the support order plus any           920          

arrearages that may be owed by the obligor under any prior         921          

support order that pertained to the same child or spouse,          922          

notwithstanding any applicable limitations of sections 2329.66,    924          

2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code.       926          

However, in no case shall the sum of the amount specified in the   927          

notice to be withheld and any fee withheld by the payor as a       929          

charge for its services exceed the maximum amount permitted under  930          

section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.  931          

1673(b).                                                                        

      (b)  If the court or agency imposes a withholding            933          

                                                          23     


                                                                 
requirement under division (D)(1)(a) of this section, it, within   934          

the applicable period of time specified in division (A), (B), or   935          

(C) of this section, shall send to the obligor's payor by regular  938          

mail a notice that contains all of the information set forth in    939          

divisions (D)(1)(b)(i) to (xi) of this section.  The notice is     940          

final and is enforceable by the court.  The notice shall contain   941          

all of the following:                                                           

      (i)  The amount to be withheld from the obligor's income     943          

and a statement that the amount actually withheld for support and  945          

other purposes, including the fee described in division            946          

(D)(1)(b)(xi) of this section, shall not be in excess of the       947          

maximum amounts permitted under section 303(b) of the "Consumer    948          

Credit Protection Act," 15 U.S.C. 1673(b);                         949          

      (ii)  A statement that the payor is required to send the     952          

amount withheld to the division of child support immediately, but  954          

not later than seven working days, after the obligor is paid and   956          

is required to report to the agency the date on which the amount   957          

was withheld from the obligor's income;                            958          

      (iii)  A statement that the withholding is binding upon the  960          

payor until further notice from the agency;                        961          

      (iv)  A statement that if the payor is an employer, the      964          

payor is subject to a fine to be determined under the law of this  965          

state for discharging the obligor from employment, refusing to     966          

employ the obligor, or taking any disciplinary action against the  967          

obligor because of the withholding requirement;                    968          

      (v)  A statement that, if the payor fails to withhold        970          

income in accordance with the provisions of the notice, the payor  972          

is liable for the accumulated amount the payor should have         974          

withheld from the obligor's income;                                             

      (vi)  A statement that the withholding in accordance with    976          

the notice and under the provisions of this section has priority   977          

over any other legal process under the law of this state against   978          

the same income;                                                   979          

      (vii)  The date on which the notice was mailed and a         981          

                                                          24     


                                                                 
statement that the payor is required to implement the withholding  983          

no later than fourteen working days following the date the notice  984          

was mailed or, if the payor is an employer, no later than the      985          

first pay period that occurs after fourteen working days           986          

following the date the notice was mailed and is required to        987          

continue the withholding at the intervals specified in the         988          

notice;                                                                         

      (viii)  A requirement that the payor promptly notify the     990          

child support enforcement agency, in writing, within ten working   991          

days after the date of any situation that occurs including         993          

termination of employment, layoff of the obligor from employment,  994          

any leave of absence of the obligor from employment without pay,   995          

termination of workers' compensation benefits, or termination of   996          

any pension, annuity, allowance, or retirement benefit, in which   998          

the payor ceases to pay income in an amount sufficient to comply   1,001        

with the order to the obligor, provide the agency with the         1,002        

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

employer or income source, if known, and provide the agency with   1,004        

any new employer's or income source's name, address, and           1,005        

telephone number, if known;                                        1,006        

      (ix)  A requirement that, if the payor is an employer, THE   1,009        

PAYOR identify in the notification given under division            1,010        

(D)(1)(b)(viii) of this section any types of benefits other than   1,011        

personal earnings that the obligor is receiving or is eligible to  1,012        

receive as a benefit of employment or as a result of the           1,013        

obligor's termination of employment, including, but not limited    1,014        

to, unemployment compensation, workers' compensation benefits,     1,015        

severance pay, sick leave, lump-sum payments of retirement         1,016        

benefits or contributions, and bonuses or profit-sharing payments  1,017        

or distributions, and the amount of such benefits, and include in  1,018        

the notification the obligor's last known address and telephone    1,019        

number, date of birth, social security number, and court case      1,020        

number and, if known, the name and business address of any new     1,021        

employer of the obligor;                                                        

                                                          25     


                                                                 
      (x)  A requirement that, no later than the earlier of        1,023        

forty-five days before the lump-sum payment is to be made or, if   1,024        

the obligor's right to the lump-sum payment is determined less     1,025        

than forty-five days before it is to be made, the date on which    1,026        

that determination is made, the payor notify the child support     1,028        

enforcement agency of any lump-sum payments of any kind of one     1,030        

hundred fifty dollars or more that are to be paid to the obligor,  1,031        

hold the lump-sum payments of one hundred fifty dollars or more    1,033        

for thirty days after the date on which the lump-sum payments      1,034        

otherwise would have been paid to the obligor and, upon order of   1,036        

the court, pay any specified amount of the lump-sum payment to     1,037        

the division of child support;                                                  

      (xi)  A statement that, in addition to the amount withheld   1,039        

for support, the payor may withhold a fee from the obligor's       1,041        

income as a charge for its services in complying with the notice   1,044        

and a specification of the amount that may be withheld.                         

      (c)  The court or agency shall send the notice described in  1,046        

division (D)(1)(b) of this section to the obligor and shall        1,047        

attach to the notice an additional notice requiring the obligor    1,048        

immediately to notify the child support enforcement agency, in     1,049        

writing, of any change in the obligor's income source and of the   1,050        

availability of any other sources of income that can be the        1,052        

subject of any withholding or deduction requirement described in   1,053        

division (D) of this section.  The court or agency shall serve     1,054        

the notices upon the obligor at the same time as service of the    1,055        

support order or, if the support order previously has been         1,056        

issued, shall send the notices to the obligor by regular mail at   1,057        

the last known address at the same time that it sends the notice   1,058        

described in division (D)(1)(b) of this section to the payor.      1,059        

The notification required of the obligor shall include a           1,060        

description of the nature of any new employment or income source,  1,061        

the name, business address, and telephone number of any new        1,062        

employer or income source, and any other information reasonably    1,064        

required by the court.  No obligor shall fail to give the          1,065        

                                                          26     


                                                                 
notification required by division (D)(1)(c) of this section.       1,066        

      (2)(a)  If the court or child support enforcement agency     1,068        

determines that the obligor has funds on deposit in any account    1,069        

in a financial institution under the jurisdiction of the court,    1,070        

the court or agency may require any financial institution in       1,071        

which the obligor's funds are on deposit to deduct from the        1,072        

obligor's account a specified amount for support in satisfaction   1,073        

of the support order, to begin the deduction no later than         1,074        

fourteen working days following the date the notice was mailed to  1,075        

the financial institution under divisions (A)(2) or (B) and        1,076        

(D)(2)(b) of this section, to send the amount deducted to the      1,078        

division of child support in the department of job and family      1,080        

services pursuant to section 5101.325 of the Revised Code, to      1,081        

send that amount to the division immediately but not later than    1,083        

seven working days after the date the latest deduction was made,   1,085        

to provide the date on which the amount was deducted, and to       1,086        

continue the deduction at intervals specified in the notice until  1,087        

further notice from the court or child support enforcement         1,088        

agency.  To the extent possible, the amount specified in the       1,090        

notice to be deducted shall satisfy the amount ordered for         1,091        

support in the support order plus any arrearages that may be owed  1,092        

by the obligor under any prior support order that pertained to     1,093        

the same child or spouse, notwithstanding the limitations of       1,094        

sections 2329.66, 2329.70, and 2716.13 of the Revised Code.        1,095        

      (b)  If the court or agency imposes a withholding            1,097        

requirement under division (D)(2)(a) of this section, it, within   1,099        

the applicable period of time specified in division (A), (B), or   1,100        

(C) of this section, shall send to the financial institution by    1,101        

regular mail a notice that contains all of the information set     1,102        

forth in divisions (D)(2)(b)(i) to (viii) of this section.  The    1,104        

notice is final and is enforceable by the court.  The notice       1,105        

shall contain all of the following:                                1,106        

      (i)  The amount to be deducted from the obligor's account;   1,108        

      (ii)  A statement that the financial institution is          1,110        

                                                          27     


                                                                 
required to send the amount deducted to the division of child      1,111        

support immediately, but not later than seven working days, after  1,114        

the date the last deduction was made and is required to report to  1,115        

the child support enforcement agency the date on which the amount  1,116        

was deducted from the obligor's account;                           1,117        

      (iii)  A statement that the deduction is binding upon the    1,119        

financial institution until further notice from the court or       1,120        

agency;                                                            1,121        

      (iv)  A statement that the withholding in accordance with    1,123        

the notice and under the provisions of this section has priority   1,124        

over any other legal process under the law of this state against   1,125        

the same account;                                                  1,126        

      (v)  The date on which the notice was mailed and a           1,128        

statement that the financial institution is required to implement  1,129        

the deduction no later than fourteen working days following the    1,130        

date the notice was mailed and is required to continue the         1,131        

deduction at the intervals specified in the notice;                1,132        

      (vi)  A requirement that the financial institution promptly  1,134        

notify the child support enforcement agency, in writing, within    1,135        

ten days after the date of any termination of the account from     1,136        

which the deduction is being made and notify the agency, in        1,137        

writing, of the opening of a new account at that financial         1,138        

institution, the account number of the new account, the name of    1,139        

any other known financial institutions in which the obligor has    1,140        

any accounts, and the numbers of those accounts;                   1,141        

      (vii)  A requirement that the financial institution include  1,143        

in all notices the obligor's last known mailing address, last      1,144        

known residence address, and social security number;               1,145        

      (viii)  A statement that, in addition to the amount          1,147        

deducted for support, the financial institution may deduct a fee   1,148        

from the obligor's account as a charge for its services in         1,149        

complying with the notice and a specification of the amount that   1,150        

may be deducted.                                                   1,151        

      (c)  The court or agency shall send the notice described in  1,153        

                                                          28     


                                                                 
division (D)(2)(b) of this section to the obligor and shall        1,154        

attach to the notice an additional notice requiring the obligor    1,155        

immediately to notify the child support enforcement agency, in     1,156        

writing, of any change in the status of the account from which     1,157        

the amount of support is being deducted or the opening of a new    1,158        

account with any financial institution, of commencement of         1,159        

employment, including self-employment, or of the availability of   1,160        

any other sources of income that can be the subject of any         1,161        

withholding or deduction requirement described in division (D) of  1,162        

this section.  The court or agency shall serve the notices upon    1,163        

the obligor at the same time as service of the support order or,   1,164        

if the support order previously has been issued, shall send the    1,165        

notices to the obligor by regular mail at the last known address   1,166        

at the same time that it sends the notice described in division    1,167        

(D)(2)(b) of this section to the financial institution.  The       1,169        

additional notice also shall specify that upon commencement of     1,171        

employment, the obligor may request the court or child support     1,172        

enforcement agency to cancel its financial institution account     1,173        

deduction notice and instead issue a notice requiring the                       

withholding of an amount from personal earnings for support in     1,175        

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

commencement of employment the court may cancel its financial      1,176        

institution account deduction notice under division (D)(2)(b) of   1,178        

this section and instead will issue a notice requiring the         1,179        

withholding of an amount from personal earnings for support in     1,181        

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

notification required of the obligor shall include a description   1,182        

of the nature of any new accounts opened at a financial            1,183        

institution under the jurisdiction of the court, the name and      1,184        

business address of that financial institution, a description of   1,185        

the nature of any new employment or income source, the name,       1,186        

business address, and telephone number of any new employer or      1,188        

income source, and any other information reasonably required by    1,190        

the court.                                                                      

                                                          29     


                                                                 
      (3)  The court may issue an order requiring the obligor to   1,192        

enter into a cash bond with the court.  The court shall issue the  1,193        

order as part of the support order or, if the support order        1,194        

previously has been issued, as a separate order.  Any cash bond    1,195        

so required shall be in a sum fixed by the court at not less than  1,196        

five hundred nor more than ten thousand dollars, conditioned that  1,197        

the obligor will make payment as previously ordered and will pay   1,198        

any arrearages under any prior support order that pertained to     1,199        

the same child or spouse.  The order, along with an additional     1,200        

order requiring the obligor to immediately notify the child        1,201        

support enforcement agency, in writing, if the obligor begins to   1,202        

receive income from a payor, shall be attached to, and shall be    1,204        

served upon the obligor at the same time as service of, the        1,205        

support order or, if the support order previously has been                      

issued, as soon as possible after the issuance of the order under  1,206        

this division.  The additional order also shall specify that when  1,207        

the obligor begins to receive income from a payor the obligor may  1,209        

request the court to cancel its bond order and instead issue a     1,210        

notice requiring the withholding of an amount from income for      1,213        

support in accordance with division (D)(1) of this section and     1,214        

that when the obligor begins to receive income from a payor the    1,215        

court will proceed to collect on the bond, if the court            1,216        

determines that payments due under the support order have not      1,217        

been made and that the amount that has not been paid is at least   1,218        

equal to the support owed for one month under the support order,   1,219        

and will issue a notice requiring the withholding of an amount     1,220        

from income for support in accordance with division (D)(1) of      1,223        

this section.  The notification required of the obligor shall                   

include a description of the nature of any new employment, the     1,224        

name and business address of any new employer, and any other       1,225        

information reasonably required by the court.                      1,226        

      The court shall not order an obligor to post a cash bond     1,228        

under this division unless the court determines that the obligor   1,229        

has the ability to do so.  A child support enforcement agency      1,230        

                                                          30     


                                                                 
shall not issue an order of the type described in this division.   1,231        

If a child support enforcement agency is required to issue a       1,232        

withholding or deduction notice under division (D) of this         1,233        

section but the agency determines that no notice of the type       1,234        

described in division (D)(1) or (2) of this section would be       1,236        

appropriate, the agency may request the court to issue a court     1,237        

order under this division, and, upon the request, the court may    1,238        

issue an order as described in this division.                      1,239        

      (4)  If the obligor is unemployed, has no income, and does   1,241        

not have an account at any financial institution, or on request    1,242        

of a child support enforcement agency made under section 3111.231  1,243        

of the Revised Code, the court shall issue an order requiring the  1,245        

obligor, if able to engage in employment, to seek employment or    1,246        

participate in a work activity to which a recipient of assistance  1,247        

under Title IV-A of the "Social Security Act," 49 Stat. 620        1,248        

(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified  1,249        

in section 407(d) of the "Social Security Act," 42 U.S.C.A.        1,250        

607(d), as amended.  The court shall include in the order a        1,252        

requirement that the obligor notify the child support enforcement  1,253        

agency upon obtaining employment, upon obtaining any income, or    1,254        

upon obtaining ownership of any asset with a value of five         1,255        

hundred dollars or more.  The court may issue the order            1,256        

regardless of whether the obligee to whom the obligor owes                      

support is a recipient of assistance under Title IV-A of the       1,257        

"Social Security Act."  The court shall issue the order as part    1,259        

of a support order or, if a support order previously has been      1,261        

issued, as a separate order.  If a child support enforcement       1,263        

agency is required to issue a withholding or deduction notice      1,264        

under division (D) of this section but the agency determines that  1,265        

no notice of the type described in division (D)(1) or (2) of this  1,266        

section would be appropriate, the agency may request the court to  1,268        

issue a court order under division (D)(4) of this section, and,    1,269        

upon the request, the court may issue an order as described in     1,271        

division (D)(4) of this section.                                                

                                                          31     


                                                                 
      If an obligor is ordered to participate in a work activity,  1,274        

the child support enforcement agency of the county in which the    1,275        

obligor resides shall oversee the obligor's participation in       1,276        

accordance with rules the director of job and family services      1,277        

shall adopt in accordance with Chapter 119. of the Revised Code.   1,278        

A child support enforcement agency may contract with one or more   1,279        

governmental agencies or persons to carry out some or all of its   1,280        

oversight duties.                                                  1,281        

      (E)  If a court or child support enforcement agency is       1,283        

required under division (A), (B), or (C) of this section or any    1,284        

other section of the Revised Code to issue one or more notices or  1,285        

court orders described in division (D) of this section, the court  1,286        

or agency to the extent possible shall issue a sufficient number   1,287        

of notices or court orders under division (D) of this section to   1,288        

provide that the aggregate amount withheld or deducted under       1,289        

those notices or court orders satisfies the amount ordered for     1,290        

support in the support order plus any arrearages that may be owed  1,291        

by the obligor under any prior support order that pertained to     1,292        

the same child or spouse, notwithstanding any applicable           1,293        

limitations of sections 2329.66, 2329.70, 2716.02, 2716.041,       1,295        

2716.05, 2716.13, and 4123.67 of the Revised Code.  However, in    1,297        

no case shall the aggregate amount withheld pursuant to a                       

withholding notice issued under division (D)(1) of this section    1,299        

and any fees withheld pursuant to the notice as a charge for       1,300        

services exceed the maximum amount permitted under section 303(b)  1,301        

of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).        1,302        

      (F)(1)  Any withholding or deduction requirement that is     1,304        

contained in a notice described in division (D) of this section    1,305        

and that is required to be issued by division (A), (B), or (C) of  1,306        

this section or any other section of the Revised Code has          1,307        

priority over any order of attachment, any order in aid of         1,308        

execution, and any other legal process issued under state law      1,309        

against the same earnings, payments, or account.                   1,310        

      (2)  When a payor receives two or more withholding notices   1,312        

                                                          32     


                                                                 
that are described in division (D)(1) of this section and that     1,314        

are required to be issued by division (A), (B), or (C) of this     1,315        

section or any other section of the Revised Code, the payor shall  1,318        

comply with all of the requirements contained in the notices to    1,319        

the extent that the total amount withheld from the obligor's       1,320        

income does not exceed the maximum amount permitted under section  1,322        

303(b) of the "Consumer Credit Protection Act," 15 U.S.C.          1,323        

1673(b), withhold amounts in accordance with the allocation set    1,324        

forth in divisions (F)(2)(a) and (b) of this section, notify each  1,325        

court or child support enforcement agency that issued one of the   1,326        

notices of the allocation, and give priority to amounts            1,327        

designated in each notice as current support in the following      1,328        

manner:                                                                         

      (a)  If the total of the amounts designated in the notices   1,330        

as current support exceeds the amount available for withholding    1,331        

under section 303(b) of the "Consumer Credit Protection Act," 15   1,332        

U.S.C. 1673(b), the payor shall allocate to each notice an amount  1,333        

for current support equal to the amount designated in that notice  1,335        

as current support multiplied by a fraction in which the           1,336        

numerator is the amount of income available for withholding and    1,337        

the denominator is the total amount designated in all of the       1,338        

notices as current support.                                                     

      (b)  If the total of the amounts designated in the notices   1,340        

as current support does not exceed the amount available for        1,341        

withholding under section 303(b) of the "Consumer Credit           1,342        

Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of     1,344        

the amounts designated as current support in the notices and       1,345        

shall allocate to each notice an amount for past-due support       1,346        

equal to the amount designated in that notice as past-due support  1,347        

multiplied by a fraction in which the numerator is the amount of   1,348        

income remaining available for withholding after the payment of    1,350        

current support and the denominator is the total amount            1,351        

designated in all of the notices as past-due support.              1,352        

      (G)(1)  Except when a provision specifically authorizes or   1,354        

                                                          33     


                                                                 
requires service other than as described in this division,         1,355        

service of any notice on any party, a financial institution, or    1,357        

payor, for purposes of division (A), (B), (C), or (D) of this      1,359        

section, shall be made by ordinary first class mail directed to    1,360        

the addressee at the last known address, or, in the case of a      1,361        

corporation, at its usual place of doing business.  A notice       1,362        

shall be considered to have been served when it is mailed.         1,363        

      (2)  Each party to a support order shall notify the child    1,365        

support enforcement agency of the party's current mailing          1,366        

address, current residence address, current residence telephone    1,368        

number, and current driver's license number, at the time of the    1,369        

issuance or modification of the order and, until further notice    1,370        

of the court that issues the order, shall notify the agency of     1,371        

any change in that information immediately after the change        1,372        

occurs.  Any willful failure to comply with this division is       1,374        

contempt of court.  No person shall fail to give the notice        1,375        

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

      (3)  Each support order, or modification of a support        1,377        

order, that is subject to this section shall contain a notice      1,379        

that states the following in boldfaced type and in all capital     1,380        

letters:                                                                        

      "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD      1,383        

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT        1,384        

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE      1,385        

TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY      1,386        

CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY    1,387        

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.  IF YOU ARE    1,388        

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE   1,389        

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST      1,390        

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT   1,392        

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

ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS    1,393        

YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES    1,395        

UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.           1,396        

                                                          34     


                                                                 
      IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED      1,398        

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING          1,399        

ENFORCEMENT ACTIONS AGAINST YOU:  IMPOSITION OF LIENS AGAINST      1,400        

YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,  1,402        

DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR   1,403        

INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN                  

FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO   1,404        

OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."         1,405        

      (4)(a)  The parent who is the residential parent and legal   1,407        

custodian of a child for whom a support order is issued or the     1,408        

person who otherwise has custody of a child for whom a support     1,409        

order is issued immediately shall notify, and the obligor under a  1,410        

support order may notify, the child support enforcement agency of  1,411        

any reason for which the support order should terminate,           1,412        

including, but not limited to, the child's attainment of the age   1,413        

of majority if the child no longer attends an accredited high      1,414        

school on a full-time basis and the support order does not         1,415        

provide for the duty of support to continue past the age of        1,416        

majority; the child ceasing to attend such a high school on a      1,417        

full-time basis after attaining the age of majority, if the        1,419        

support order does not provide for the duty of support to                       

continue past the age of majority; or the death, marriage,         1,420        

emancipation, enlistment in the armed services, deportation, or    1,421        

change of legal or physical custody of the child.  A willful       1,422        

failure to notify the child support enforcement agency as          1,423        

required by this division is contempt of court.  Upon receipt of   1,424        

a notice pursuant to this division, the agency immediately shall   1,425        

conduct an investigation to determine if any reason exists for     1,426        

which the support order should terminate.  The agency may conduct  1,427        

such an investigation regardless of whether it received notice     1,428        

under this division.  If the agency determines the order should    1,429        

terminate, it immediately shall notify the court that issued the   1,430        

support order of the reason for which the support order should     1,431        

terminate.                                                                      

                                                          35     


                                                                 
      (b)  Upon receipt of a notice given pursuant to division     1,433        

(G)(4)(a) of this section, the court shall order the division of   1,434        

child support to impound any funds received for the child          1,436        

pursuant to the support order and the court shall set the case     1,438        

for a hearing for a determination of whether the support order     1,439        

should be terminated or modified or whether the court should take  1,440        

any other appropriate action.                                                   

      (c)  If the court terminates a support order pursuant to     1,442        

divisions (G)(4)(a) and (b) of this section, the termination of    1,443        

the support order also terminates any withholding or deduction     1,444        

order as described in division (D) or (H) of this section issued   1,445        

prior to December 31, 1993, and any withholding or deduction       1,447        

notice as described in division (D) OF THIS SECTION or court       1,448        

order as described in division (D)(3), (D)(4), or (H) of this      1,449        

section issued on or after December 31, 1993.  Upon the            1,450        

termination of any withholding or deduction order or any           1,451        

withholding or deduction notice, the court immediately shall       1,452        

notify the appropriate child support enforcement agency that the   1,453        

order or notice has been terminated, and the agency immediately    1,454        

shall notify each payor or financial institution required to       1,455        

withhold or deduct a sum of money for the payment of support       1,457        

under the terminated withholding or deduction order or notice      1,459        

that the order or notice has been terminated and that it is        1,460        

required to cease all withholding or deduction under the order or  1,461        

notice.                                                                         

      (d)  The director of job and family services shall adopt     1,464        

rules that provide for both of the following:                      1,465        

      (i)  The return to the appropriate person of any funds that  1,467        

a court has ordered impounded under division (G)(4)(b) of this     1,468        

section if the support order under which the funds were paid has   1,469        

been terminated pursuant to divisions (G)(4)(a) and (b) of this    1,470        

section;                                                           1,471        

      (ii)  The return to the appropriate person of any other      1,473        

payments made pursuant to a support order if the payments were     1,474        

                                                          36     


                                                                 
made at any time after the support order under which the funds     1,475        

were paid has been terminated pursuant to divisions (G)(4)(a) and  1,476        

(b) of this section.                                               1,477        

      (5)  If any party to a support order requests a              1,479        

modification of the order or if any obligee under a support order  1,480        

or any person on behalf of the obligee files any action to         1,481        

enforce a support order, the court shall notify the child support  1,482        

enforcement agency that is administering the support order or      1,483        

that will administer the order after the court's determination of  1,484        

the request or the action, of the request or the filing.           1,485        

      (6)  When a child support enforcement agency receives any    1,487        

notice under division (G) of section 2151.23, section 2301.37,     1,488        

division (E) of section 3105.18, division (C) of section 3105.21,  1,489        

division (A) of section 3109.05, division (F) of section 3111.13,  1,490        

division (B) of section 3113.04, section 3113.21, section          1,491        

3113.211, section 3113.212, division (K) of section 3113.31, or    1,492        

division (C)(3) of section 3115.31 of the Revised Code, it shall   1,494        

issue the most appropriate notices under division (D) of this      1,495        

section.  Additionally, it shall do all of the following:          1,496        

      (a)  If the obligor is subject to a withholding notice       1,498        

issued under division (D)(1) of this section and the notice        1,499        

relates to the obligor's change of employment, send a withholding  1,500        

notice under that division to the new employer of the obligor as   1,501        

soon as the agency obtains knowledge of that employer;             1,502        

      (b)  If the notification received by the agency specifies    1,504        

that a lump-sum payment of one hundred fifty dollars or more is    1,506        

to be paid to the obligor, notify the court of the receipt of the  1,507        

notice and its contents.  The agency may notify the court if the   1,509        

notification specifies that a lump-sum payment of less than one    1,510        

hundred fifty dollars is to be paid to the obligor.                1,511        

      (c)  Comply with section 3113.212 of the Revised Code, as    1,513        

appropriate.                                                       1,514        

      (H)(1)(a)  For purposes of division (D)(1) of this section,  1,516        

when a person who fails to comply with a support order that is     1,517        

                                                          37     


                                                                 
subject to that division derives income from self-employment or    1,518        

commission, is employed by an employer not subject to the          1,519        

jurisdiction of the court, or is in any other employment           1,520        

situation that makes the application of that division              1,521        

impracticable, the court may require the person to enter into a    1,522        

cash bond to the court in a sum fixed by the court at not less     1,523        

than five hundred nor more than ten thousand dollars, conditioned  1,524        

that the person will make payment as previously ordered.           1,525        

      (b)  When a court determines at a hearing conducted under    1,527        

division (B) of this section, or a child support enforcement       1,528        

agency determines at a hearing or pursuant to an investigation     1,529        

conducted under division (B) of this section, that the obligor     1,530        

under the order in relation to which the hearing or investigation  1,531        

is conducted is unemployed and has no other source of income and   1,532        

no assets so that the application of divisions (B) and (D) of      1,533        

this section would be impracticable, the court shall issue an      1,534        

order as described in division (D)(4) of this section and shall    1,536        

order the obligor to notify the child support enforcement agency   1,537        

in writing immediately of the receipt of any source of income or   1,539        

of the opening of an account in a financial institution, and to    1,540        

include in the notification a description of the nature of the     1,541        

employment or income source, the name, business address, and                    

telephone number of the employer or income source, and any other   1,542        

information reasonably required by the court.                      1,543        

      (2)  When a court determines, at a hearing conducted under   1,545        

division (C)(2) of this section, that an obligor is unemployed,    1,546        

is not receiving workers' compensation payments, does not have an  1,547        

account in a financial institution, and has no other source of     1,548        

income and no assets so that the application of divisions (C)(2)   1,549        

and (D) of this section would be impracticable, the court shall    1,550        

issue an order as described in division (D)(4) of this section     1,551        

and shall order the obligor to notify the child support            1,552        

enforcement agency, in writing, immediately of the receipt of any  1,553        

source of income or of the opening of an account in a financial    1,554        

                                                          38     


                                                                 
institution, and to include in the notification a description of   1,555        

the nature of the employment or income source, the name, business  1,556        

address, and telephone number of the employer or income source or  1,558        

the name, address, and telephone number of the financial           1,559        

institution, and any other information reasonably required by the  1,560        

court.                                                             1,561        

      (3)(a)  Upon receipt of a notice from a child support        1,563        

enforcement agency under division (G)(6) of this section that a    1,564        

lump-sum payment is to be paid to the obligor, the court shall do  1,566        

either of the following:                                                        

      (i)  If the obligor is in default under the support order    1,568        

or has any unpaid arrearages under the support order, issue an     1,569        

order requiring the transmittal of the lump-sum payment to the     1,570        

division of child support.                                         1,571        

      (ii)  If the obligor is not in default under the support     1,573        

order and does not have any unpaid arrearages under the support    1,574        

order, issue an order directing the person who gave the notice to  1,575        

the court to immediately pay the full amount of the lump-sum       1,576        

payment to the obligor.                                            1,577        

      (b)  Upon receipt of any moneys pursuant to division         1,579        

(H)(3)(a) of this section, the division of child support shall     1,581        

pay the amount of the lump-sum payment that is necessary to                     

discharge all of the obligor's arrearages to the obligee and,      1,582        

within two business days after its receipt of the money, any       1,583        

amount that is remaining after the payment of the arrearages to    1,584        

the obligor.                                                       1,585        

      (c)  Any court that issued an order prior to December 1,     1,587        

1986, requiring an employer to withhold an amount from an          1,588        

obligor's personal earnings for the payment of support shall       1,589        

issue a supplemental order that does not change the original       1,590        

order or the related support order requiring the employer to do    1,591        

all of the following:                                              1,592        

      (i)  No later than the earlier of forty-five days before a   1,594        

lump-sum payment is to be made or, if the obligor's right to a     1,595        

                                                          39     


                                                                 
lump-sum payment is determined less than forty-five days before    1,596        

it is to be made, the date on which that determination is made,    1,597        

notify the child support enforcement agency of any lump-sum        1,598        

payment of any kind of one hundred fifty dollars or more that is   1,600        

to be paid to the obligor;                                         1,601        

      (ii)  Hold the lump-sum payment for thirty days after the    1,603        

date on which it would otherwise be paid to the obligor, if the    1,604        

lump-sum payment is sick pay, a lump-sum payment of retirement     1,605        

benefits or contributions, or profit-sharing payments or           1,606        

distributions;                                                     1,607        

      (iii)  Upon order of the court, pay any specified amount of  1,609        

the lump-sum payment to the division of child support.             1,610        

      (d)  If an employer knowingly fails to notify the child      1,612        

support enforcement agency in accordance with division (D) of      1,613        

this section of any lump-sum payment to be made to an obligor,     1,614        

the employer is liable for any support payment not made to the     1,615        

obligee as a result of its knowing failure to give the notice as   1,616        

required by that division.                                         1,617        

      (I)(1)  Any support order, or modification of a support      1,619        

order, that is subject to this section shall contain the date of   1,620        

birth and social security number of the obligor.                   1,621        

      (2)  No withholding or deduction notice described in         1,623        

division (D) OF THIS SECTION or court order described in division  1,624        

(D)(3) or (4) of this section shall contain any information other  1,626        

than the information specifically required by division (A), (B),   1,627        

(C), or (D) of this section or by any other section of the         1,628        

Revised Code and any additional information that the issuing       1,629        

court determines may be necessary to comply with the notice.       1,630        

      (J)  No withholding or deduction notice described in         1,632        

division (D) OF THIS SECTION or court order described in division  1,633        

(D)(3) or (4) of this section and issued under division (A), (B),  1,635        

or (C) of this section or any other section of the Revised Code    1,636        

shall be terminated solely because the obligor pays any part or    1,637        

all of the arrearages under the support order.                     1,638        

                                                          40     


                                                                 
      (K)(1)  Except as provided in division (K)(2) of this        1,640        

section and section 2301.42 of the Revised Code and the rules      1,641        

adopted pursuant to division (C) of that section, if child         1,642        

support arrearages are owed by an obligor to the obligee and to    1,643        

the department of job and family services, any payments received   1,645        

on the arrearages by the division of child support first shall be  1,647        

paid to the obligee until the arrearages owed to the obligee are                

paid in full.                                                      1,648        

      (2)  Division (K)(1) of this section does not apply to the   1,650        

collection of past-due child support from refunds of paid federal  1,651        

taxes pursuant to section 5101.32 of the Revised Code or of        1,652        

overdue child support from refunds of paid state income taxes      1,653        

pursuant to sections 5101.321 and 5747.121 of the Revised Code.    1,654        

      (L)(1)  Each court with jurisdiction to issue support        1,656        

orders or orders establishing the existence or nonexistence of a   1,657        

parent and child relationship shall establish rules of court to    1,658        

ensure that the following percentage of all actions to establish   1,659        

the existence or nonexistence of a parent and child relationship,  1,660        

to establish a support requirement, or to modify a previously      1,661        

issued support order be completed within the following time        1,662        

limits:                                                                         

      (a)  Seventy-five per cent of all of the actions shall be    1,664        

completed within six months after they were initially filed;       1,666        

      (b)  Ninety per cent of all of the actions shall be          1,668        

completed within twelve months after they were initially filed.    1,670        

      (2)  If a case involves complex legal issues requiring full  1,672        

judicial review, the court shall issue a temporary support order   1,673        

within the time limits set forth in division (L)(1) of this        1,674        

section, which temporary order shall be in effect until a final    1,675        

support order is issued in the case.  All cases in which the       1,676        

imposition of a notice or order under division (D) of this         1,677        

section is contested shall be completed within the period of time  1,678        

specified by law for completion of the case.  The failure of a     1,679        

court to complete a case within the required period does not       1,680        

                                                          41     


                                                                 
affect the ability of any court to issue any order under this      1,681        

section or any other section of the Revised Code for the payment   1,682        

of support, does not provide any defense to any order for the      1,683        

payment of support that is issued under this section or any other  1,684        

section of the Revised Code, and does not affect any obligation    1,685        

to pay support.                                                    1,686        

      (3)(a)  In any Title IV-D case, the judge, when necessary    1,688        

to satisfy the federal requirement of expedited process for        1,689        

obtaining and enforcing support orders, shall appoint magistrates  1,691        

to make findings of fact and recommendations for the judge's       1,692        

approval in the case.  All magistrates appointed pursuant to this  1,694        

division shall be attorneys admitted to the practice of law in     1,695        

this state.  If the court appoints a magistrate pursuant to this   1,696        

division, the court may appoint any additional administrative and  1,697        

support personnel for the magistrate.                              1,698        

      (b)  Any magistrate appointed pursuant to division           1,700        

(L)(3)(a) of this section may perform any of the following         1,702        

functions:                                                                      

      (i)  The taking of testimony and keeping of a record in the  1,704        

case;                                                              1,705        

      (ii)  The evaluation of evidence and the issuance of         1,707        

recommendations to establish, modify, and enforce support orders;  1,708        

      (iii)  The acceptance of voluntary acknowledgments of        1,710        

support liability and stipulated agreements setting the amount of  1,711        

support to be paid;                                                1,712        

      (iv)  The entering of default orders if the obligor does     1,714        

not respond to notices in the case within a reasonable time after  1,715        

the notices are issued;                                            1,716        

      (v)  Any other functions considered necessary by the court.  1,718        

      (4)  The child support enforcement agency may conduct        1,720        

administrative reviews of support orders to obtain voluntary       1,721        

notices or court orders under division (D) of this section and to  1,722        

correct any errors in the amount of any arrearages owed by an      1,723        

obligor.  The obligor and the obligee shall be notified of the     1,724        

                                                          42     


                                                                 
time, date, and location of the administrative review at least     1,725        

fourteen days before it is held.                                   1,726        

      (M)(1)  The termination of a support obligation or a         1,728        

support order does not abate the power of any court to collect     1,729        

overdue and unpaid support or to punish any person for a failure   1,731        

to comply with an order of the court or to pay any support as      1,732        

ordered in the terminated support order and does not abate the     1,733        

authority of a child support enforcement agency to issue, in       1,734        

accordance with this section, any notice described in division     1,735        

(D) of this section or of a court to issue, in accordance with     1,736        

this section, any court order as described in division (D)(3) or   1,737        

(4) of this section to collect any support due or arrearage under  1,738        

the support order.                                                 1,740        

      (2)  Any court that has the authority to issue a support     1,742        

order shall have all powers necessary to enforce that support      1,743        

order, and all other powers, set forth in this section.            1,744        

      (3)  Except as provided in division (M)(4) of this section,  1,746        

a court may not retroactively modify an obligor's duty to pay a    1,747        

delinquent support payment.                                        1,748        

      (4)  A court with jurisdiction over a support order may      1,750        

modify an obligor's duty to pay a support payment that becomes     1,751        

due after notice of a petition to modify the support order has     1,752        

been given to each obligee and to the obligor before a final       1,753        

order concerning the petition for modification is entered.         1,754        

      (N)  If an obligor is in default under a support order and   1,756        

has a claim against another person of more than one thousand       1,757        

dollars, the obligor shall notify the child support enforcement    1,758        

agency of the claim, the nature of the claim, and the name of the  1,759        

person against whom the claim exists.  If an obligor is in         1,760        

default under a support order and has a claim against another      1,761        

person or is a party in an action for any judgment, the child      1,762        

support enforcement agency or the agency's attorney, on behalf of  1,763        

the obligor, immediately shall file with the court in which the    1,764        

action is pending a motion to intervene in the action or a         1,765        

                                                          43     


                                                                 
creditor's bill.  The motion to intervene shall be prepared and    1,766        

filed pursuant to Civil Rules 5 and 24(A) and (C).                 1,767        

      Nothing in this division shall preclude an obligee from      1,769        

filing a motion to intervene in any action or a creditor's bill.   1,770        

      (O)  If an obligor is receiving unemployment compensation    1,772        

benefits, an amount may be deducted from those benefits for        1,773        

purposes of child support, in accordance with section SECTIONS     1,774        

2301.371 and division (D)(4) of section 4141.28 4141.282 of the    1,776        

Revised Code.  Any deduction from a source in accordance with      1,778        

those provisions is in addition to, and does not preclude, any     1,779        

withholding or deduction for purposes of support under divisions   1,780        

(A) to (N) of this section.                                        1,781        

      (P)  As used in this section, and in sections 3113.211 to    1,783        

3113.219 of the Revised Code:                                      1,784        

      (1)  "Financial institution" means a bank, savings and loan  1,786        

association, or credit union, or a regulated investment company    1,787        

or mutual fund in which a person who is required to pay child      1,788        

support has funds on deposit that are not exempt under the law of  1,789        

this state or the United States from execution, attachment, or     1,790        

other legal process.                                               1,791        

      (2)  "Title IV-D case" means any case in which the child     1,793        

support enforcement agency is enforcing the child support order    1,794        

pursuant to Title IV-D of the "Social Security Act," 88 Stat.      1,795        

2351 (1975), 42 U.S.C. 651, as amended.                            1,796        

      (3)  "Obligor" means the person who is required to pay       1,798        

support under a support order.                                     1,799        

      (4)  "Obligee" means the person who is entitled to receive   1,801        

the support payments under a support order.                        1,802        

      (5)  "Support order" means an order for the payment of       1,804        

support and, for orders issued or modified on or after December    1,805        

31, 1993, includes any notices described in division (D) or (H)    1,806        

of this section that are issued in accordance with this section.   1,807        

      (6)  "Support" means child support, spousal support, and     1,809        

support for a spouse or former spouse.                             1,810        

                                                          44     


                                                                 
      (7)  "Personal earnings" means compensation paid or payable  1,812        

for personal services, however denominated, and includes, but is   1,813        

not limited to, wages, salary, commissions, bonuses, draws         1,814        

against commissions, profit sharing, and vacation pay.             1,815        

      (8)  "Default" has the same meaning as in section 2301.34    1,817        

of the Revised Code.                                               1,818        

      (9)  "Payor" means any person or entity that pays or         1,821        

distributes income to an obligor, including the obligor, if the    1,822        

obligor is self-employed; an employer; an employer that is paying  1,823        

the obligor's workers' compensation benefits; the public           1,824        

employees retirement board; the board of trustees, or other        1,825        

governing entity of a municipal retirement system; the board of    1,826        

trustees of the Ohio police and fire pension fund; the state       1,827        

teachers retirement board; the school employees retirement board;  1,829        

the state highway patrol retirement board; the bureau of workers'  1,830        

compensation; or any other person or entity, except the            1,832        

department of job and family services with respect to              1,833        

unemployment compensation benefits paid pursuant to Chapter 4141.  1,834        

of the Revised Code.                                                            

      (Q)  As used in this section, "income" means any form of     1,837        

monetary payment, including personal earnings; workers'            1,838        

compensation payments; unemployment compensation benefits to the   1,840        

extent permitted by, and in accordance with, section SECTIONS      1,841        

2301.371 of the Revised Code, division (D)(4) of section 4141.28   1,842        

AND 4141.282 of the Revised Code, and federal law governing the    1,844        

department of job and family services; pensions; annuities;        1,845        

allowances; private or governmental retirement benefits;           1,847        

disability or sick pay; insurance proceeds; lottery prize awards;  1,848        

federal, state, or local government benefits to the extent that    1,849        

the benefits can be withheld or deducted under the law governing   1,850        

the benefits; any form of trust fund or endowment; lump-sum        1,851        

payments; and any other payment in money.                          1,852        

      Sec. 4141.01.  As used in this chapter, unless the context   1,861        

otherwise requires:                                                1,862        

                                                          45     


                                                                 
      (A)(1)  "Employer" means the state, its instrumentalities,   1,864        

its political subdivisions and their instrumentalities, and any    1,865        

individual or type of organization including any partnership,      1,866        

limited liability company, association, trust, estate,             1,867        

joint-stock company, insurance company, or corporation, whether    1,869        

domestic or foreign, or the receiver, trustee in bankruptcy,       1,870        

trustee, or the successor thereof, or the legal representative of  1,871        

a deceased person who subsequent to December 31, 1971, or in the   1,872        

case of political subdivisions or their instrumentalities,         1,873        

subsequent to December 31, 1973:                                   1,874        

      (a)  Had in employment at least one individual, or in the    1,876        

case of a nonprofit organization, subsequent to December 31,       1,877        

1973, had not less than four individuals in employment for some    1,878        

portion of a day in each of twenty different calendar weeks, in    1,879        

either the current or the preceding calendar year whether or not   1,880        

the same individual was in employment in each such day; or         1,881        

      (b)  Except for a nonprofit organization, had paid for       1,883        

service in employment wages of fifteen hundred dollars or more in  1,884        

any calendar quarter in either the current or preceding calendar   1,885        

year; or                                                           1,886        

      (c)  Had paid, subsequent to December 31, 1977, for          1,888        

employment in domestic service in a local college club, or local   1,889        

chapter of a college fraternity or sorority, cash remuneration of  1,890        

one thousand dollars or more in any calendar quarter in the        1,891        

current calendar year or the preceding calendar year, or had paid  1,892        

subsequent to December 31, 1977, for employment in domestic        1,893        

service in a private home cash remuneration of one thousand        1,894        

dollars in any calendar quarter in the current calendar year or    1,896        

the preceding calendar year:                                                    

      (i)  For the purposes of divisions (A)(1)(a) and (b) of      1,898        

this section, there shall not be taken into account any wages      1,899        

paid to, or employment of, an individual performing domestic       1,900        

service as described in this division.                             1,901        

      (ii)  An employer under this division shall not be an        1,903        

                                                          46     


                                                                 
employer with respect to wages paid for any services other than    1,904        

domestic service unless the employer is also found to be an        1,905        

employer under division (A)(1)(a), (b), or (d) of this section.    1,906        

      (d)  As a farm operator or a crew leader subsequent to       1,908        

December 31, 1977, had in employment individuals in agricultural   1,909        

labor; and                                                         1,910        

      (i)  During any calendar quarter in the current calendar     1,912        

year or the preceding calendar year, paid cash remuneration of     1,913        

twenty thousand dollars or more for the agricultural labor; or     1,914        

      (ii)  Had at least ten individuals in employment in          1,916        

agricultural labor, not including agricultural workers who are     1,917        

aliens admitted to the United States to perform agricultural       1,918        

labor pursuant to sections 214(e) and 101(a)(15)(H) of the         1,920        

"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A.        1,921        

1101(a)(15)(H)(ii)(a), for some portion of a day in each of the    1,923        

twenty different calendar weeks, in either the current or          1,924        

preceding calendar year whether or not the same individual was in  1,925        

employment in each day; or                                                      

      (e)  Is not otherwise an employer as defined under division  1,927        

(A)(1)(a) or (b) of this section; and                              1,928        

      (i)  For which, within either the current or preceding       1,930        

calendar year, service, except for domestic service in a private   1,931        

home not covered under division (A)(1)(c) of this section, is or   1,932        

was performed with respect to which such employer is liable for    1,933        

any federal tax against which credit may be taken for              1,934        

contributions required to be paid into a state unemployment fund;  1,935        

      (ii)  Which, as a condition for approval of this chapter     1,937        

for full tax credit against the tax imposed by the "Federal        1,938        

Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is  1,940        

required, pursuant to such act to be an employer under this        1,941        

chapter; or                                                        1,942        

      (iii)  Who became an employer by election under division     1,944        

(A)(4) or (5) of this section and for the duration of such         1,945        

election; or                                                       1,946        

                                                          47     


                                                                 
      (f)  In the case of the state, its instrumentalities, its    1,948        

political subdivisions, and their instrumentalities, had in        1,949        

employment, as defined in division (B)(2)(a) of this section, at   1,950        

least one individual;                                              1,951        

      (g)  For the purposes of division (A)(1)(a) of this          1,953        

section, if any week includes both the thirty-first day of         1,954        

December and the first day of January, the days of that week       1,955        

before the first day of January shall be considered one calendar   1,956        

week and the days beginning the first day of January another       1,957        

week.                                                              1,958        

      (2)  Each individual employed to perform or to assist in     1,960        

performing the work of any agent or employee of an employer is     1,961        

employed by such employer for all the purposes of this chapter,    1,962        

whether such individual was hired or paid directly by such         1,963        

employer or by such agent or employee, provided the employer had   1,964        

actual or constructive knowledge of the work.  All individuals     1,965        

performing services for an employer of any person in this state    1,966        

who maintains two or more establishments within this state are     1,967        

employed by a single employer for the purposes of this chapter.    1,968        

      (3)  An employer subject to this chapter within any          1,970        

calendar year is subject to this chapter during the whole of such  1,971        

year and during the next succeeding calendar year.                 1,972        

      (4)  An employer not otherwise subject to this chapter who   1,974        

files with the director of job and family services a written       1,976        

election to become an employer subject to this chapter for not     1,977        

less than two calendar years shall, with the written approval of   1,978        

such election by the director, become an employer subject to this  1,980        

chapter to the same extent as all other employers as of the date   1,981        

stated in such approval, and shall cease to be subject to this     1,982        

chapter as of the first day of January of any calendar year        1,983        

subsequent to such two calendar years only if at least thirty      1,984        

days prior to such first day of January the employer has filed     1,985        

with the director a written notice to that effect.                 1,986        

      (5)  Any employer for whom services that do not constitute   1,988        

                                                          48     


                                                                 
employment are performed may file with the director a written      1,991        

election that all such services performed by individuals in the    1,992        

employer's employ in one or more distinct establishments or                     

places of business shall be deemed to constitute employment for    1,993        

all the purposes of this chapter, for not less than two calendar   1,994        

years.  Upon written approval of the election by the director,     1,995        

such services shall be deemed to constitute employment subject to  1,996        

this chapter from and after the date stated in such approval.      1,997        

Such services shall cease to be employment subject to this         1,998        

chapter as of the first day of January of any calendar year        1,999        

subsequent to such two calendar years only if at least thirty      2,000        

days prior to such first day of January such employer has filed    2,001        

with the director a written notice to that effect.                 2,002        

      (B)(1)  "Employment" means service performed by an           2,005        

individual for remuneration under any contract of hire, written    2,007        

or oral, express or implied, including service performed in        2,008        

interstate commerce and service performed by an officer of a       2,009        

corporation, without regard to whether such service is executive,  2,010        

managerial, or manual in nature, and without regard to whether     2,011        

such officer is a stockholder or a member of the board of          2,012        

directors of the corporation, unless it is shown to the            2,013        

satisfaction of the director that such individual has been and     2,015        

will continue to be free from direction or control over the        2,016        

performance of such service, both under a contract of service and  2,018        

in fact.  The director shall adopt rules to define "direction or   2,020        

control."                                                                       

      (2)  "Employment" includes:                                  2,022        

      (a)  Service performed after December 31, 1977, by an        2,024        

individual in the employ of the state or any of its                2,025        

instrumentalities, or any political subdivision thereof or any of  2,026        

its instrumentalities or any instrumentality of more than one of   2,027        

the foregoing or any instrumentality of any of the foregoing and   2,028        

one or more other states or political subdivisions and without     2,029        

regard to divisions (A)(1)(a) and (b) of this section, provided    2,030        

                                                          49     


                                                                 
that such service is excluded from employment as defined in the    2,031        

"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,    2,032        

3306(c)(7) and is not excluded under division (B)(3) of this       2,033        

section; or the services of employees covered by voluntary         2,034        

election, as provided under divisions (A)(4) and (5) of this       2,035        

section;                                                           2,036        

      (b)  Service performed after December 31, 1971, by an        2,038        

individual in the employ of a religious, charitable, educational,  2,039        

or other organization which is excluded from the term              2,040        

"employment" as defined in the "Federal Unemployment Tax Act," 84  2,041        

Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section   2,043        

26 U.S.C.A. 3306(c)(8) of that act and is not excluded under       2,044        

division (B)(3) of this section;                                   2,045        

      (c)  Domestic service performed after December 31, 1977,     2,047        

for an employer, as provided in division (A)(1)(c) of this         2,048        

section;                                                           2,049        

      (d)  Agricultural labor performed after December 31, 1977,   2,051        

for a farm operator or a crew leader, as provided in division      2,052        

(A)(1)(d) of this section;                                         2,053        

      (e)  Service not covered under division (B)(1) of this       2,055        

section which is performed after December 31, 1971:                2,056        

      (i)  As an agent-driver or commission-driver engaged in      2,058        

distributing meat products, vegetable products, fruit products,    2,059        

bakery products, beverages other than milk, laundry, or            2,060        

dry-cleaning services, for the individual's employer or            2,061        

principal;                                                         2,062        

      (ii)  As a traveling or city salesperson, other than as an   2,064        

agent-driver or commission-driver, engaged on a full-time basis    2,065        

in the solicitation on behalf of and in the transmission to the    2,067        

salesperson's employer or principal except for sideline sales      2,068        

activities on behalf of some other person of orders from           2,069        

wholesalers, retailers, contractors, or operators of hotels,       2,070        

restaurants, or other similar establishments for merchandise for   2,071        

resale, or supplies for use in their business operations,          2,072        

                                                          50     


                                                                 
provided that for the purposes of this division (B)(2)(e)(ii) of   2,073        

this section, the services shall be deemed employment if the       2,074        

contract of service contemplates that substantially all of the     2,075        

services are to be performed personally by the individual and      2,076        

that the individual does not have a substantial investment in      2,077        

facilities used in connection with the performance of the          2,078        

services other than in facilities for transportation, and the      2,079        

services are not in the nature of a single transaction that is     2,080        

not a part of a continuing relationship with the person for whom   2,081        

the services are performed.                                        2,082        

      (f)  An individual's entire service performed within or      2,084        

both within and without the state if:                              2,085        

      (i)  The service is localized in this state.                 2,087        

      (ii)  The service is not localized in any state, but some    2,089        

of the service is performed in this state and either the base of   2,090        

operations, or if there is no base of operations then the place    2,091        

from which such service is directed or controlled, is in this      2,092        

state or the base of operations or place from which such service   2,093        

is directed or controlled is not in any state in which some part   2,094        

of the service is performed but the individual's residence is in   2,095        

this state.                                                        2,096        

      (g)  Service not covered under division (B)(2)(f)(ii) of     2,098        

this section and performed entirely without this state, with       2,099        

respect to no part of which contributions are required and paid    2,100        

under an unemployment compensation law of any other state, the     2,101        

Virgin Islands, Canada, or of the United States, if the            2,102        

individual performing such service is a resident of this state     2,103        

and the director approves the election of the employer for whom    2,106        

such services are performed; or, if the individual is not a        2,107        

resident of this state but the place from which the service is     2,109        

directed or controlled is in this state, the entire services of    2,110        

such individual shall be deemed to be employment subject to this   2,111        

chapter, provided service is deemed to be localized within this    2,112        

state if the service is performed entirely within this state or    2,113        

                                                          51     


                                                                 
if the service is performed both within and without this state     2,114        

but the service performed without this state is incidental to the  2,115        

individual's service within the state, for example, is temporary   2,116        

or transitory in nature or consists of isolated transactions;      2,117        

      (h)  Service of an individual who is a citizen of the        2,119        

United States, performed outside the United States except in       2,120        

Canada after December 31, 1971, or the Virgin Islands, after       2,121        

December 31, 1971, and before the first day of January of the      2,122        

year following that in which the United States secretary of labor  2,123        

approves the Virgin Islands law for the first time, in the employ  2,124        

of an American employer, other than service which is "employment"  2,125        

under divisions (B)(2)(f) and (g) of this section or similar       2,126        

provisions of another state's law, if:                             2,127        

      (i)  The employer's principal place of business in the       2,129        

United States is located in this state;                            2,130        

      (ii)  The employer has no place of business in the United    2,132        

States, but the employer is an individual who is a resident of     2,133        

this state; or the employer is a corporation which is organized    2,134        

under the laws of this state, or the employer is a partnership or  2,135        

a trust and the number of partners or trustees who are residents   2,136        

of this state is greater than the number who are residents of any  2,137        

other state; or                                                    2,138        

      (iii)  None of the criteria of divisions (B)(2)(f)(i) and    2,140        

(ii) of this section is met but the employer has elected coverage  2,141        

in this state or the employer having failed to elect coverage in   2,142        

any state, the individual has filed a claim for benefits, based    2,143        

on such service, under this chapter.                               2,144        

      (i)  For the purposes of division (B)(2)(h) of this          2,146        

section, the term "American employer" means an employer who is an  2,147        

individual who is a resident of the United States; or a            2,148        

partnership, if two-thirds or more of the partners are residents   2,149        

of the United States; or a trust, if all of the trustees are       2,150        

residents of the United States; or a corporation organized under   2,151        

the laws of the United States or of any state, provided the term   2,152        

                                                          52     


                                                                 
"United States" includes the states, the District of Columbia,     2,153        

the Commonwealth of Puerto Rico, and the Virgin Islands.           2,154        

      (j)  Notwithstanding any other provisions of divisions       2,156        

(B)(1) and (2) of this section, service, except for domestic       2,157        

service in a private home not covered under division (A)(1)(c) of  2,158        

this section, with respect to which a tax is required to be paid   2,159        

under any federal law imposing a tax against which credit may be   2,160        

taken for contributions required to be paid into a state           2,161        

unemployment fund, or service, except for domestic service in a    2,162        

private home not covered under division (A)(1)(c) of this          2,163        

section, which, as a condition for full tax credit against the     2,164        

tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713,   2,165        

26 U.S.C.A. 3301 to 3311, is required to be covered under this     2,166        

chapter.                                                           2,167        

      (k)  Construction services performed by any individual       2,169        

under a construction contract, as defined in section 4141.39 of    2,170        

the Revised Code, if the director determines that the employer     2,171        

for whom services are performed has the right to direct or         2,174        

control the performance of the services and that the individuals   2,175        

who perform the services receive remuneration for the services                  

performed.  The director shall presume that the employer for whom  2,177        

services are performed has the right to direct or control the      2,178        

performance of the services if ten or more of the following        2,179        

criteria apply:                                                                 

      (i)  The employer directs or controls the manner or method   2,182        

by which instructions are given to the individual performing                    

services;                                                          2,183        

      (ii)  The employer requires particular training for the      2,186        

individual performing services;                                                 

      (iii)  Services performed by the individual are integrated   2,189        

into the regular functioning of the employer;                                   

      (iv)  The employer requires that services be provided by a   2,192        

particular individual;                                                          

      (v)  The employer hires, supervises, or pays the wages of    2,195        

                                                          53     


                                                                 
the individual performing services;                                             

      (vi)  A continuing relationship between the employer and     2,198        

the individual performing services exists which contemplates                    

continuing or recurring work, even if not full-time work;          2,199        

      (vii)  The employer requires the individual to perform       2,202        

services during established hours;                                              

      (viii)  The employer requires that the individual            2,204        

performing services be devoted on a full-time basis to the         2,205        

business of the employer;                                          2,206        

      (ix)  The employer requires the individual to perform        2,208        

services on the employer's premises;                               2,209        

      (x)  The employer requires the individual performing         2,211        

services to follow the order of work established by the employer;  2,212        

      (xi)  The employer requires the individual performing        2,214        

services to make oral or written reports of progress;              2,215        

      (xii)  The employer makes payment to the individual for      2,218        

services on a regular basis, such as hourly, weekly, or monthly;                

      (xiii)  The employer pays expenses for the individual        2,220        

performing services;                                               2,221        

      (xiv)  The employer furnishes the tools and materials for    2,224        

use by the individual to perform services;                                      

      (xv)  The individual performing services has not invested    2,227        

in the facilities used to perform services;                                     

      (xvi)  The individual performing services does not realize   2,230        

a profit or suffer a loss as a result of the performance of the                 

services;                                                          2,231        

      (xvii)  The individual performing services is not            2,233        

performing services for more than two employers simultaneously;    2,234        

      (xviii)  The individual performing services does not make    2,237        

the services available to the general public;                                   

      (xix)  The employer has a right to discharge the individual  2,240        

performing services;                                                            

      (xx)  The individual performing services has the right to    2,243        

end the individual's relationship with the employer without                     

                                                          54     


                                                                 
incurring liability pursuant to an employment contract or          2,244        

agreement.                                                                      

      (3)  "Employment" does not include the following services    2,246        

if they are found not subject to the "Federal Unemployment Tax     2,247        

Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the    2,249        

services are not required to be included under division (B)(2)(j)  2,250        

of this section:                                                   2,251        

      (a)  Service performed after December 31, 1977, in           2,253        

agricultural labor, except as provided in division (A)(1)(d) of    2,254        

this section;                                                      2,255        

      (b)  Domestic service performed after December 31, 1977, in  2,257        

a private home, local college club, or local chapter of a college  2,258        

fraternity or sorority except as provided in division (A)(1)(c)    2,259        

of this section;                                                   2,260        

      (c)  Service performed after December 31, 1977, for this     2,262        

state or a political subdivision as described in division          2,263        

(B)(2)(a) of this section when performed:                          2,264        

      (i)  As a publicly elected official;                         2,266        

      (ii)  As a member of a legislative body, or a member of the  2,268        

judiciary;                                                         2,269        

      (iii)  As a military member of the Ohio national guard;      2,271        

      (iv)  As an employee, not in the classified service as       2,273        

defined in section 124.11 of the Revised Code, serving on a        2,274        

temporary basis in case of fire, storm, snow, earthquake, flood,   2,275        

or similar emergency;                                              2,276        

      (v)  In a position which, under or pursuant to law, is       2,278        

designated as a major nontenured policymaking or advisory          2,279        

position, not in the classified service of the state, or a         2,280        

policymaking or advisory position the performance of the duties    2,281        

of which ordinarily does not require more than eight hours per     2,282        

week.                                                              2,283        

      (d)  In the employ of any governmental unit or               2,285        

instrumentality of the United States;                              2,286        

      (e)  Service performed after December 31, 1971:              2,288        

                                                          55     


                                                                 
      (i)  Service in the employ of an educational institution or  2,290        

institution of higher education, including those operated by the   2,291        

state or a political subdivision, if such service is performed by  2,292        

a student who is enrolled and is regularly attending classes at    2,293        

the educational institution or institution of higher education;    2,294        

or                                                                 2,295        

      (ii)  By an individual who is enrolled at a nonprofit or     2,297        

public educational institution which normally maintains a regular  2,298        

faculty and curriculum and normally has a regularly organized      2,299        

body of students in attendance at the place where its educational  2,300        

activities are carried on as a student in a full-time program,     2,301        

taken for credit at the institution, which combines academic       2,302        

instruction with work experience, if the service is an integral    2,303        

part of the program, and the institution has so certified to the   2,304        

employer, provided that this subdivision shall not apply to        2,305        

service performed in a program established for or on behalf of an  2,306        

employer or group of employers;                                    2,307        

      (f)  Service performed by an individual in the employ of     2,309        

the individual's son, daughter, or spouse and service performed    2,310        

by a child under the age of eighteen in the employ of the child's  2,311        

father or mother;                                                               

      (g)  Service performed for one or more principals by an      2,313        

individual who is compensated on a commission basis, who in the    2,314        

performance of the work is master of the individual's own time     2,316        

and efforts, and whose remuneration is wholly dependent on the     2,317        

amount of effort the individual chooses to expend, and which       2,318        

service is not subject to the "Federal Unemployment Tax Act," 53   2,319        

Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.  Service performed     2,320        

after December 31, 1971:                                           2,321        

      (i)  By an individual for an employer as an insurance agent  2,323        

or as an insurance solicitor, if all this service is performed     2,324        

for remuneration solely by way of commission;                      2,325        

      (ii)  As a home worker performing work, according to         2,327        

specifications furnished by the employer for whom the services     2,328        

                                                          56     


                                                                 
are performed, on materials or goods furnished by such employer    2,329        

which are required to be returned to the employer or to a person   2,330        

designated for that purpose.                                       2,331        

      (h)  Service performed after December 31, 1971:              2,333        

      (i)  In the employ of a church or convention or association  2,335        

of churches, or in an organization which is operated primarily     2,336        

for religious purposes and which is operated, supervised,          2,337        

controlled, or principally supported by a church or convention or  2,338        

association of churches;                                           2,339        

      (ii)  By a duly ordained, commissioned, or licensed          2,341        

minister of a church in the exercise of the individual's ministry  2,343        

or by a member of a religious order in the exercise of duties      2,344        

required by such order; or                                         2,345        

      (iii)  In a facility conducted for the purpose of carrying   2,347        

out a program of rehabilitation for individuals whose earning      2,348        

capacity is impaired by age or physical or mental deficiency or    2,349        

injury, or providing remunerative work for individuals who         2,350        

because of their impaired physical or mental capacity cannot be    2,351        

readily absorbed in the competitive labor market, by an            2,352        

individual receiving such rehabilitation or remunerative work;     2,353        

      (i)  Service performed after June 30, 1939, with respect to  2,355        

which unemployment compensation is payable under the "Railroad     2,356        

Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;  2,357        

      (j)  Service performed by an individual in the employ of     2,359        

any organization exempt from income tax under section 501 of the   2,360        

"Internal Revenue Code of 1954," if the remuneration for such      2,361        

service does not exceed fifty dollars in any calendar quarter, or  2,362        

if such service is in connection with the collection of dues or    2,363        

premiums for a fraternal beneficial society, order, or             2,364        

association and is performed away from the home office or is       2,365        

ritualistic service in connection with any such society, order,    2,366        

or association;                                                    2,367        

      (k)  Casual labor not in the course of an employer's trade   2,369        

or business; incidental service performed by an officer,           2,370        

                                                          57     


                                                                 
appraiser, or member of a finance committee of a bank, building    2,371        

and loan association, savings and loan association, or savings     2,372        

association when the remuneration for such incidental service      2,373        

exclusive of the amount paid or allotted for directors' fees does  2,374        

not exceed sixty dollars per calendar quarter is casual labor;     2,375        

      (l)  Service performed in the employ of a voluntary          2,377        

employees' beneficial association providing for the payment of     2,378        

life, sickness, accident, or other benefits to the members of      2,379        

such association or their dependents or their designated           2,380        

beneficiaries, if admission to a membership in such association    2,381        

is limited to individuals who are officers or employees of a       2,382        

municipal or public corporation, of a political subdivision of     2,383        

the state, or of the United States and no part of the net          2,384        

earnings of such association inures, other than through such       2,385        

payments, to the benefit of any private shareholder or             2,386        

individual;                                                        2,387        

      (m)  Service performed by an individual in the employ of a   2,389        

foreign government, including service as a consular or other       2,390        

officer or employee or of a nondiplomatic representative;          2,391        

      (n)  Service performed in the employ of an instrumentality   2,393        

wholly owned by a foreign government if the service is of a        2,394        

character similar to that performed in foreign countries by        2,395        

employees of the United States or of an instrumentality thereof    2,396        

and if the director finds that the secretary of state of the       2,398        

United States has certified to the secretary of the treasury of    2,399        

the United States that the foreign government, with respect to     2,400        

whose instrumentality exemption is claimed, grants an equivalent   2,401        

exemption with respect to similar service performed in the         2,402        

foreign country by employees of the United States and of           2,403        

instrumentalities thereof;                                         2,404        

      (o)  Service with respect to which unemployment              2,406        

compensation is payable under an unemployment compensation system  2,407        

established by an act of congress;                                 2,408        

      (p)  Service performed as a student nurse in the employ of   2,410        

                                                          58     


                                                                 
a hospital or a nurses' training school by an individual who is    2,411        

enrolled and is regularly attending classes in a nurses' training  2,412        

school chartered or approved pursuant to state law, and service    2,413        

performed as an intern in the employ of a hospital by an           2,414        

individual who has completed a four years' course in a medical     2,415        

school chartered or approved pursuant to state law;                2,416        

      (q)  Service performed by an individual under the age of     2,418        

eighteen in the delivery or distribution of newspapers or          2,419        

shopping news, not including delivery or distribution to any       2,420        

point for subsequent delivery or distribution;                     2,421        

      (r)  Service performed in the employ of the United States    2,423        

or an instrumentality of the United States immune under the        2,424        

constitution of the United States from the contributions imposed   2,425        

by this chapter, except that to the extent that congress permits   2,426        

states to require any instrumentalities of the United States to    2,427        

make payments into an unemployment fund under a state              2,428        

unemployment compensation act, this chapter shall be applicable    2,429        

to such instrumentalities and to services performed for such       2,430        

instrumentalities in the same manner, to the same extent, and on   2,431        

the same terms as to all other employers, individuals, and         2,432        

services, provided that if this state is not certified for any     2,433        

year by the proper agency of the United States under section 3304  2,434        

of the "Internal Revenue Code of 1954," the payments required of   2,435        

such instrumentalities with respect to such year shall be          2,436        

refunded by the director from the fund in the same manner and      2,439        

within the same period as is provided in division (E) of section   2,440        

4141.09 of the Revised Code with respect to contributions                       

erroneously collected;                                             2,441        

      (s)  Service performed by an individual as a member of a     2,443        

band or orchestra, provided such service does not represent the    2,444        

principal occupation of such individual, and which service is not  2,445        

subject to or required to be covered for full tax credit against   2,446        

the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.    2,447        

183 (1939), 26 U.S.C.A. 3301 to 3311.  Service performed after     2,448        

                                                          59     


                                                                 
December 31, 1971, for a nonprofit organization, this state or     2,450        

its instrumentalities, or a political subdivision or its           2,451        

instrumentalities, as part of an unemployment work-relief or       2,452        

work-training program assisted or financed in whole or in part by  2,453        

any federal agency or an agency of a state or political            2,454        

subdivision thereof, by an individual receiving the work-relief    2,455        

or work-training.                                                  2,456        

      (t)  Service performed in the employ of a day camp whose     2,458        

camping season does not exceed twelve weeks in any calendar year,  2,459        

and which service is not subject to the "Federal Unemployment Tax  2,460        

Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.  Service      2,461        

performed after December 31, 1971:                                 2,463        

      (i)  In the employ of a hospital, if the service is          2,465        

performed by a patient of the hospital, as defined in division     2,466        

(W) of this section;                                               2,467        

      (ii)  For a prison or other correctional institution by an   2,469        

inmate of the prison or correctional institution;                  2,470        

      (iii)  Service performed after December 31, 1977, by an      2,472        

inmate of a custodial institution operated by the state, a         2,473        

political subdivision, or a nonprofit organization.                2,474        

      (u)  Service that is performed by a nonresident alien        2,477        

individual for the period the individual temporarily is present                 

in the United States as a nonimmigrant under division (F), (J),    2,479        

(M), or (Q) of section 101(a)(15) of the "Immigration and          2,480        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that  2,481        

is excluded under section 3306(c)(19) of the "Federal              2,482        

Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to    2,484        

3311.                                                                           

      (v)  Notwithstanding any other provisions of division        2,486        

(B)(3) of this section, services which THAT are excluded under     2,487        

divisions (B)(3)(g), (j), (k), and (l) of this section, shall not  2,488        

be excluded from employment when performed for a nonprofit         2,489        

organization, as defined in division (X) of this section, or for   2,490        

this state or its instrumentalities, or for a political            2,491        

                                                          60     


                                                                 
subdivision or its instrumentalities;                              2,492        

      (w)  SERVICE THAT IS PERFORMED BY AN INDIVIDUAL WORKING AS   2,494        

AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF           2,495        

REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR   2,497        

FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS    2,498        

THAN ONE THOUSAND DOLLARS;                                         2,499        

      (x)  SERVICE PERFORMED FOR AN ELEMENTARY OR SECONDARY        2,501        

SCHOOL THAT IS OPERATED PRIMARILY FOR RELIGIOUS PURPOSES, THAT IS  2,502        

DESCRIBED IN SUBSECTION 501(c)(3) AND EXEMPT FROM FEDERAL INCOME   2,503        

TAXATION UNDER SUBSECTION 501(a) OF THE INTERNAL REVENUE CODE, 26  2,506        

U.S.C.A. 501;                                                                   

      (y)  SERVICE PERFORMED BY A PERSON COMMITTED TO A PENAL      2,508        

INSTITUTION.                                                       2,509        

      (4)  If the services performed during one half or more of    2,511        

any pay period by an employee for the person employing that        2,512        

employee constitute employment, all the services of such employee  2,513        

for such period shall be deemed to be employment; but if the       2,515        

services performed during more than one half of any such pay       2,516        

period by an employee for the person employing that employee do    2,517        

not constitute employment, then none of the services of such       2,519        

employee for such period shall be deemed to be employment.  As     2,520        

used in division (B)(4) of this section, "pay period" means a      2,521        

period, of not more than thirty-one consecutive days, for which    2,522        

payment of remuneration is ordinarily made to the employee by the  2,523        

person employing that employee.  Division (B)(4) of this section   2,524        

does not apply to services performed in a pay period by an         2,525        

employee for the person employing that employee, if any of such    2,527        

service is excepted by division (B)(3)(o) of this section.         2,529        

      (C)  "Benefits" means money payments payable to an           2,531        

individual who has established benefit rights, as provided in      2,532        

this chapter, for loss of remuneration due to the individual's     2,533        

unemployment.                                                                   

      (D)  "Benefit rights" means the weekly benefit amount and    2,535        

the maximum benefit amount that may become payable to an           2,536        

                                                          61     


                                                                 
individual within the individual's benefit year as determined by   2,537        

the director.                                                      2,538        

      (E)  "Claim for benefits" means a claim for waiting period   2,540        

or benefits for a designated week.                                 2,541        

      (F)  "Additional claim" means the first claim for benefits   2,543        

filed following any separation from employment during a benefit    2,544        

year; "continued claim" means any claim other than the first       2,545        

claim for benefits and other than an additional claim.             2,546        

      (G)(1)  "Wages" means remuneration paid to an employee by    2,548        

each of the employee's employers with respect to employment;       2,549        

except that wages shall not include that part of remuneration      2,550        

paid during any calendar year to an individual by an employer or   2,551        

such employer's predecessor in interest in the same business or    2,552        

enterprise, which in any calendar year is in excess of eight       2,553        

thousand two hundred fifty dollars on and after January 1, 1992;   2,554        

eight thousand five hundred dollars on and after January 1, 1993;  2,555        

eight thousand seven hundred fifty dollars on and after January    2,556        

1, 1994; and nine thousand dollars on and after January 1, 1995.   2,557        

Remuneration in excess of such amounts shall be deemed wages       2,558        

subject to contribution to the same extent that such remuneration  2,559        

is defined as wages under the "Federal Unemployment Compensation   2,560        

Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as        2,561        

amended.  The remuneration paid an employee by an employer with    2,563        

respect to employment in another state, upon which contributions   2,564        

were required and paid by such employer under the unemployment     2,565        

compensation act of such other state, shall be included as a part  2,566        

of remuneration in computing the amount specified in this          2,567        

division.                                                          2,568        

      (2)  Notwithstanding division (G)(1) of this section, if,    2,570        

as of the computation date for any calendar year, the director     2,572        

determines that the level of the unemployment compensation fund    2,574        

is sixty per cent or more below the minimum safe level as defined  2,575        

in section 4141.25 of the Revised Code, then, effective the first  2,576        

day of January of the following calendar year, wages subject to    2,577        

                                                          62     


                                                                 
this chapter shall not include that part of remuneration paid      2,578        

during any calendar year to an individual by an employer or such   2,579        

employer's predecessor in interest in the same business or         2,580        

enterprise which is in excess of nine thousand dollars.  The       2,581        

increase in the dollar amount of wages subject to this chapter     2,582        

under this division shall remain in effect from the date of the    2,583        

director's determination pursuant to division (G)(2) of this       2,585        

section and thereafter notwithstanding the fact that the level in  2,586        

the fund may subsequently become less than sixty per cent below    2,587        

the minimum safe level.                                            2,588        

      (H)(1)  "Remuneration" means all compensation for personal   2,590        

services, including commissions and bonuses and the cash value of  2,591        

all compensation in any medium other than cash, except that in     2,592        

the case of agricultural or domestic service, "remuneration"       2,593        

includes only cash remuneration.  Gratuities customarily received  2,594        

by an individual in the course of the individual's employment      2,595        

from persons other than the individual's employer and which are    2,596        

accounted for by such individual to the individual's employer are  2,597        

taxable wages.                                                                  

      The reasonable cash value of compensation paid in any        2,599        

medium other than cash shall be estimated and determined in        2,600        

accordance with rules prescribed by the director, provided that    2,603        

"remuneration" does not include:                                                

      (a)  Payments as provided in divisions (b)(2) to (b)(16) of  2,605        

section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,  2,606        

26 U.S.C.A. 3301 to 3311, as amended;                              2,607        

      (b)  The payment by an employer, without deduction from the  2,609        

remuneration of the individual in the employer's employ, of the    2,610        

tax imposed upon an individual in the employer's employ under      2,611        

section 3101 of the "Internal Revenue Code of l954 1954," with     2,613        

respect to services performed after October 1, 1941.               2,614        

      (2)  "Cash remuneration" means all remuneration paid in      2,616        

cash, including commissions and bonuses, but not including the     2,617        

cash value of all compensation in any medium other than cash.      2,618        

                                                          63     


                                                                 
      (I)  "Interested party" means the director and any party to  2,621        

whom notice of a determination of an application for benefit       2,622        

rights or a claim for benefits is required to be given under       2,623        

section 4141.28 of the Revised Code.                                            

      (J)  "Annual payroll" means the total amount of wages        2,625        

subject to contributions during a twelve-month period ending with  2,626        

the last day of the second calendar quarter of any calendar year.  2,627        

      (K)  "Average annual payroll" means the average of the last  2,629        

three annual payrolls of an employer, provided that if, as of any  2,630        

computation date, the employer has had less than three annual      2,631        

payrolls in such three-year period, such average shall be based    2,632        

on the annual payrolls which the employer has had as of such       2,633        

date.                                                                           

      (L)(1)  "Contributions" means the money payments to the      2,635        

state unemployment compensation fund required of employers by      2,636        

section 4141.25 of the Revised Code and of the state and any of    2,637        

its political subdivisions electing to pay contributions under     2,638        

section 4141.242 of the Revised Code.  Employers paying            2,639        

contributions shall be described as "contributory employers."      2,640        

      (2)  "Payments in lieu of contributions" means the money     2,642        

payments to the state unemployment compensation fund required of   2,643        

reimbursing employers under sections 4141.241 and 4141.242 of the  2,644        

Revised Code.                                                      2,645        

      (M)  An individual is "totally unemployed" in any week       2,647        

during which the individual performs no services and with respect  2,648        

to such week no remuneration is payable to the individual.         2,649        

      (N)  An individual is "partially unemployed" in any week     2,651        

if, due to involuntary loss of work, the total remuneration        2,652        

payable to the individual for such week is less than the           2,653        

individual's weekly benefit amount.                                2,654        

      (O)  "Week" means the calendar week ending at midnight       2,656        

Saturday unless an equivalent week of seven consecutive calendar   2,657        

days is prescribed by the director.                                2,658        

      (1)  "Qualifying week" means any calendar week in an         2,660        

                                                          64     


                                                                 
individual's base period with respect to which the individual      2,661        

earns or is paid remuneration in employment subject to this        2,663        

chapter.  A calendar week with respect to which an individual      2,664        

earns remuneration but for which payment was not made within the   2,665        

base period, when necessary to qualify for benefit rights, may be  2,666        

considered to be a qualifying week.  The number of qualifying      2,667        

weeks which may be established in a calendar quarter shall not     2,668        

exceed the number of calendar weeks in the quarter.                2,669        

      (2)  "Average weekly wage" means the amount obtained by      2,671        

dividing an individual's total remuneration for all qualifying     2,672        

weeks during the base period by the number of such qualifying      2,673        

weeks, provided that if the computation results in an amount       2,674        

which THAT is not a multiple of one dollar, such amount shall be   2,675        

rounded to the next lower multiple of one dollar.                  2,676        

      (P)  "Weekly benefit amount" means the amount of benefits    2,678        

an individual would be entitled to receive for one week of total   2,679        

unemployment.                                                      2,680        

      (Q)(1)  "Base period" means the first four of the last five  2,682        

completed calendar quarters immediately preceding the first day    2,683        

of an individual's benefit year, except as provided in division    2,684        

(Q)(2) of this section.                                            2,685        

      (2)  If an individual does not have sufficient qualifying    2,687        

weeks and wages in the base period to qualify for benefit rights,  2,688        

the individual's base period shall be the four most recently       2,689        

completed calendar quarters preceding the first day of the         2,691        

individual's benefit year.  Such base period shall be known as     2,692        

the "alternate base period."  If information as to weeks and       2,693        

wages for the most recent quarter of the alternate base period is  2,694        

not available to the director from the regular quarterly reports   2,695        

of wage information, which are systematically accessible, the      2,697        

director may, consistent with the provisions of section 4141.28    2,700        

of the Revised Code, base the determination of eligibility for     2,701        

benefits on the affidavit of the claimant with respect to weeks    2,702        

and wages for that calendar quarter.  The claimant shall furnish   2,703        

                                                          65     


                                                                 
payroll documentation, where available, in support of the          2,704        

affidavit.  The determination based upon the alternate base        2,705        

period as it relates to the claimant's benefit rights, shall be    2,706        

amended when the quarterly report of wage information from the     2,707        

employer is timely received and that information causes a change   2,708        

in the determination.  As provided in division (B)(1)(b) of        2,709        

section 4141.28 of the Revised Code, any benefits paid and         2,710        

charged to an employer's account, based upon a claimant's          2,711        

affidavit, shall be adjusted effective as of the beginning of the  2,712        

claimant's benefit year.  No calendar quarter in a base period or  2,713        

alternate base period shall be used to establish a subsequent      2,714        

benefit year.                                                                   

      (3)  The "base period" of a combined wage claim, as          2,716        

described in division (H) of section 4141.43 of the Revised Code,  2,717        

shall be the base period prescribed by the law of the state in     2,718        

which the claim is allowed.                                        2,719        

      (4)  FOR PURPOSES OF DETERMINING THE WEEKS THAT COMPRISE A   2,721        

COMPLETED CALENDAR QUARTER UNDER THIS DIVISION, ONLY THOSE WEEKS   2,722        

ENDING AT MIDNIGHT SATURDAY WITHIN THE CALENDAR QUARTER SHALL BE   2,723        

UTILIZED.                                                          2,724        

      (R)(1)  "Benefit year" with respect to an individual means   2,726        

the fifty-two week period beginning with the first day of that     2,727        

week with respect to which the individual first files a valid      2,728        

application for determination of benefit rights, and thereafter    2,730        

the fifty-two week period beginning with the first day of that     2,731        

week with respect to which the individual next files a valid       2,732        

application for determination of benefit rights after the          2,733        

termination of the individual's last preceding benefit year,       2,734        

except that the application shall not be considered valid unless   2,736        

the individual has had employment in six weeks that is subject to  2,737        

this chapter or the unemployment compensation act of another       2,738        

state, or the United States, and has, since the beginning of the   2,739        

individual's previous benefit year, in the employment earned       2,740        

three times the average weekly wage determined for the previous    2,741        

                                                          66     


                                                                 
benefit year.  The "benefit year" of a combined wage claim, as     2,742        

described in division (H) of section 4141.43 of the Revised Code,  2,743        

shall be the benefit year prescribed by the law of the state in    2,744        

which the claim is allowed.  ANY                                                

      Effective for applications filed with respect to weeks       2,746        

beginning on or after October 1, 2000, any application for         2,747        

determination of benefit rights made in accordance with section    2,749        

4141.28 of the Revised Code is valid if the individual filing      2,750        

such application is unemployed, has been employed by an employer   2,751        

or employers subject to this chapter in at least twenty            2,752        

qualifying weeks within the individual's base period, AND has      2,753        

earned or been paid remuneration at an average weekly wage of not  2,756        

less than twenty-seven and one-half per cent of the statewide                   

average weekly wage for such weeks.  FOR PURPOSES OF DETERMINING   2,758        

WHETHER AN INDIVIDUAL HAS HAD SUFFICIENT EMPLOYMENT SINCE THE      2,759        

BEGINNING OF THE INDIVIDUAL'S PREVIOUS BENEFIT YEAR TO FILE A      2,760        

VALID APPLICATION, "EMPLOYMENT" MEANS THE PERFORMANCE OF SERVICES  2,761        

FOR WHICH REMUNERATION IS PAYABLE.                                 2,762        

      (2)  EFFECTIVE FOR APPLICATIONS FILED ON AND AFTER MARCH 3,  2,766        

2002, ANY APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS MADE IN  2,767        

ACCORDANCE WITH SECTION 4141.28 OF THE REVISED CODE IS VALID IF                 

THE INDIVIDUAL SATISFIES THE CRITERIA DESCRIBED IN DIVISION        2,768        

(R)(1) OF THIS SECTION, and IF the reason for the individual's     2,769        

separation from employment is not disqualifying pursuant to        2,770        

division (D)(2) of section 4141.29 or section 4141.291 of the      2,772        

Revised Code.  A disqualification imposed pursuant to division     2,775        

(D)(2) of section 4141.29 or section 4141.291 of the Revised Code  2,778        

must be removed as provided in those sections as a requirement of  2,779        

establishing a valid application for benefit rights FILED ON AND   2,780        

AFTER MARCH 3, 2002.                                               2,781        

      (3)  The statewide average weekly wage shall be calculated   2,783        

by the director once a year based on the twelve-month period       2,785        

ending the thirtieth day of June, as set forth in division (B)(3)  2,787        

of section 4141.30 of the Revised Code, rounded down to the        2,788        

                                                          67     


                                                                 
nearest dollar.  Increases or decreases in the amount of                        

remuneration required to have been earned or paid in order for     2,789        

individuals to have filed valid applications shall become          2,790        

effective on Sunday of the calendar week in which the first day    2,791        

of January occurs that follows the twelve-month period ending the  2,792        

thirtieth day of June upon which the calculation of the statewide               

average weekly wage was based.                                     2,793        

      (4)  As used in this division, an individual is              2,795        

"unemployed" if, with respect to the calendar week in which such   2,798        

application is filed, the individual is "partially unemployed" or  2,800        

"totally unemployed" as defined in this section or if, prior to    2,801        

filing the application, the individual was separated from the      2,803        

individual's most recent work for any reason which terminated the  2,804        

individual's employee-employer relationship, or was laid off       2,805        

indefinitely or for a definite period of seven or more days.       2,806        

      (S)  "Calendar quarter" means the period of three            2,808        

consecutive calendar months ending on the thirty-first day of      2,809        

March, the thirtieth day of June, the thirtieth day of September,  2,810        

and the thirty-first day of December, or the equivalent thereof    2,811        

as the director prescribes by rule.                                2,812        

      (T)  "Computation date" means the first day of the third     2,814        

calendar quarter of any calendar year.                             2,815        

      (U)  "Contribution period" means the calendar year           2,817        

beginning on the first day of January of any year.                 2,818        

      (V)  "Agricultural labor," for the purpose of this           2,820        

division, means any service performed prior to January 1, 1972,    2,821        

which was agricultural labor as defined in this division prior to  2,822        

that date, and service performed after December 31, 1971:          2,823        

      (1)  On a farm, in the employ of any person, in connection   2,825        

with cultivating the soil, or in connection with raising or        2,826        

harvesting any agricultural or horticultural commodity, including  2,827        

the raising, shearing, feeding, caring for, training, and          2,828        

management of livestock, bees, poultry, and fur-bearing animals    2,829        

and wildlife;                                                      2,830        

                                                          68     


                                                                 
      (2)  In the employ of the owner or tenant or other operator  2,832        

of a farm in connection with the operation, management,            2,833        

conservation, improvement, or maintenance of such farm and its     2,834        

tools and equipment, or in salvaging timber or clearing land of    2,835        

brush and other debris left by hurricane, if the major part of     2,836        

such service is performed on a farm;                               2,837        

      (3)  In connection with the production or harvesting of any  2,839        

commodity defined as an agricultural commodity in section 15 (g)   2,840        

of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12      2,841        

U.S.C. 1141j, as amended, or in connection with the ginning of     2,842        

cotton, or in connection with the operation or maintenance of      2,843        

ditches, canals, reservoirs, or waterways, not owned or operated   2,844        

for profit, used exclusively for supplying and storing water for   2,845        

farming purposes;                                                  2,846        

      (4)  In the employ of the operator of a farm in handling,    2,848        

planting, drying, packing, packaging, processing, freezing,        2,849        

grading, storing, or delivering to storage or to market or to a    2,850        

carrier for transportation to market, in its unmanufactured        2,851        

state, any agricultural or horticultural commodity, but only if    2,852        

the operator produced more than one half of the commodity with     2,853        

respect to which such service is performed;                        2,854        

      (5)  In the employ of a group of operators of farms, or a    2,856        

cooperative organization of which the operators are members, in    2,857        

the performance of service described in division (V)(4) of this    2,858        

section, but only if the operators produced more than one-half of  2,859        

the commodity with respect to which the service is performed;      2,860        

      (6)  Divisions (V)(4) and (5) of this section shall not be   2,862        

deemed to be applicable with respect to service performed:         2,863        

      (a)  In connection with commercial canning or commercial     2,865        

freezing or in connection with any agricultural or horticultural   2,866        

commodity after its delivery to a terminal market for              2,867        

distribution for consumption; or                                   2,868        

      (b)  On a farm operated for profit if the service is not in  2,870        

the course of the employer's trade or business.                    2,871        

                                                          69     


                                                                 
      As used in division (V) of this section, "farm" includes     2,873        

stock, dairy, poultry, fruit, fur-bearing animal, and truck        2,874        

farms, plantations, ranches, nurseries, ranges, greenhouses, or    2,875        

other similar structures used primarily for the raising of         2,876        

agricultural or horticultural commodities and orchards.            2,877        

      (W)  "Hospital" means an institution which has been          2,879        

registered or licensed by the Ohio department of health as a       2,880        

hospital.                                                          2,881        

      (X)  "Nonprofit organization" means an organization, or      2,883        

group of organizations, described in section 501(c)(3) of the      2,884        

"Internal Revenue Code of 1954," and exempt from income tax under  2,886        

section 501(a) of that code.                                       2,887        

      (Y)  "Institution of higher education" means a public or     2,889        

nonprofit educational institution which:                           2,890        

      (1)  Admits as regular students only individuals having a    2,892        

certificate of graduation from a high school, or the recognized    2,893        

equivalent;                                                        2,894        

      (2)  Is legally authorized in this state to provide a        2,896        

program of education beyond high school; and                       2,897        

      (3)  Provides an educational program for which it awards a   2,899        

bachelor's or higher degree, or provides a program which is        2,900        

acceptable for full credit toward such a degree, a program of      2,901        

post-graduate or post-doctoral studies, or a program of training   2,902        

to prepare students for gainful employment in a recognized         2,903        

occupation.                                                        2,904        

      For the purposes of this division, all colleges and          2,906        

universities in this state are institutions of higher education.   2,907        

      (Z)  For the purposes of this chapter, "states" includes     2,909        

the District of Columbia, the Commonwealth of Puerto Rico, and     2,910        

the Virgin Islands.                                                2,911        

      (AA)  "Alien" means, for the purposes of division (A)(1)(d)  2,913        

of this section, an individual who is an alien admitted to the     2,914        

United States to perform service in agricultural labor pursuant    2,915        

to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and     2,916        

                                                          70     


                                                                 
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.                   2,917        

      (BB)(1)  "Crew leader" means an individual who furnishes     2,919        

individuals to perform agricultural labor for any other employer   2,920        

or farm operator, and:                                             2,921        

      (a)  Pays, either on the individual's own behalf or on       2,924        

behalf of the other employer or farm operator, the individuals so  2,926        

furnished by the individual for the service in agricultural labor  2,927        

performed by them;                                                 2,928        

      (b)  Has not entered into a written agreement with the       2,930        

other employer or farm operator under which the agricultural       2,931        

worker is designated as in the employ of the other employer or     2,932        

farm operator.                                                     2,933        

      (2)  For the purposes of this chapter, any individual who    2,935        

is a member of a crew furnished by a crew leader to perform        2,936        

service in agricultural labor for any other employer or farm       2,937        

operator shall be treated as an employee of the crew leader if:    2,938        

      (a)  The crew leader holds a valid certificate of            2,940        

registration under the "Farm Labor Contractor Registration Act of  2,941        

1963," 90 Stat. 2668, 7 U.S.C. 2041; or                            2,942        

      (b)  Substantially all the members of the crew operate or    2,944        

maintain tractors, mechanized harvesting or crop-dusting           2,945        

equipment, or any other mechanized equipment, which is provided    2,946        

by the crew leader; and                                            2,947        

      (c)  If the individual is not in the employment of the       2,949        

other employer or farm operator within the meaning of division     2,950        

(B)(1) of this section.                                            2,951        

      (3)  For the purposes of this division, any individual who   2,953        

is furnished by a crew leader to perform service in agricultural   2,954        

labor for any other employer or farm operator and who is not       2,955        

treated as in the employment of the crew leader under division     2,956        

(BB)(2) of this section shall be treated as the employee of the    2,957        

other employer or farm operator and not of the crew leader.  The   2,958        

other employer or farm operator shall be treated as having paid    2,959        

cash remuneration to the individual in an amount equal to the      2,960        

                                                          71     


                                                                 
amount of cash remuneration paid to the individual by the crew     2,961        

leader, either on the crew leader's own behalf or on behalf of     2,962        

the other employer or farm operator, for the service in            2,963        

agricultural labor performed for the other employer or farm        2,964        

operator.                                                                       

      (CC)  "Educational institution" means an institution other   2,966        

than an institution of higher education as defined in division     2,967        

(Y) of this section which:                                         2,968        

      (1)  Offers participants, trainees, or students an           2,970        

organized course of study or training designed to transfer to      2,971        

them knowledge, skills, information, doctrines, attitudes, or      2,972        

abilities from, by, or under the guidance of an instructor or      2,973        

teacher; and                                                       2,974        

      (2)  Is approved, chartered, or issued a permit to operate   2,976        

as a school by the state board of education or other government    2,977        

agency that is authorized within the state to approve, charter,    2,978        

or issue a permit for the operation of a school.                   2,979        

      For the purposes of this division, the courses of study or   2,981        

training which the institution offers may be academic, technical,  2,982        

trade, or preparation for gainful employment in a recognized       2,983        

occupation.                                                        2,984        

      Sec. 4141.162.  (A)  The director of job and family          2,993        

services shall establish an income and eligibility verification    2,996        

system that complies with section 1137 of the "Social Security     2,997        

Act."  The programs included in the system are all of the                       

following:                                                         2,998        

      (1)  Unemployment compensation pursuant to section 3304 of   3,000        

the "Internal Revenue Code of 1954";                               3,001        

      (2)  The state programs funded in part under part A of       3,003        

Title IV of the "Social Security Act" and administered under       3,004        

Chapters 5107. and 5108. of the Revised Code;                      3,005        

      (3)  Medicaid pursuant to Title XIX of the "Social Security  3,008        

Act";                                                                           

      (4)  Food stamps pursuant to the "Food Stamp Act of 1977,"   3,010        

                                                          72     


                                                                 
91 Stat. 958, 7 U.S.C.A. 2011, as amended;                         3,011        

      (5)  Any Ohio program under a plan approved under Title I,   3,013        

X, XIV, or XVI of the "Social Security Act."                       3,014        

      Wage information provided by employers to the director       3,016        

shall be furnished to the income and eligibility verification      3,018        

system.  Such information shall be used by the director to         3,019        

determine eligibility of individuals for unemployment              3,021        

compensation benefits and the amount of those benefits and used    3,022        

by the agencies that administer the programs identified in         3,023        

divisions (A)(2) to (5) of this section to determine or verify     3,024        

eligibility for or the amount of benefits under those programs.    3,025        

      The director shall fully implement the use of wage           3,027        

information to determine eligibility for and the amount of         3,028        

unemployment compensation benefits by September 30, 1988.          3,029        

      Information furnished under the system shall also be made    3,031        

available to the appropriate state or local child support          3,032        

enforcement agency for the purposes of an approved plan under      3,033        

Title IV-D of the "Social Security Act" and to the appropriate     3,035        

federal agency for the purposes of Titles II and XVI of the        3,036        

"Social Security Act."                                                          

      (B)  The director shall adopt rules as necessary under       3,039        

which the department of job and family services and other state    3,042        

agencies that the director determines must participate in order    3,044        

to ensure compliance with section 1137 of the "Social Security     3,045        

Act" exchange information with each other or authorized federal    3,046        

agencies about individuals who are applicants for or recipients    3,047        

of benefits under any of the programs enumerated in division (A)   3,048        

of this section.  The rules shall extend to all of the following:  3,049        

      (1)  A requirement for standardized formats and procedures   3,051        

for a participating agency to request and receive information      3,052        

about an individual, which information shall include the           3,053        

individual's social security number;                               3,054        

      (2)  A requirement that all applicants for and recipients    3,056        

of benefits under any program enumerated in division (A) of this   3,057        

                                                          73     


                                                                 
section be notified at the time of application, and periodically   3,058        

thereafter, that information available through the system may be   3,059        

shared with agencies that administer other benefit programs and    3,060        

utilized in establishing or verifying eligibility or benefit       3,061        

amounts under the other programs enumerated in division (A) of     3,062        

this section;                                                      3,063        

      (3)  A requirement that information is made available only   3,065        

to the extent necessary to assist in the valid administrative      3,066        

needs of the program receiving the information and is targeted     3,067        

for use in ways which are most likely to be productive in          3,068        

identifying and preventing ineligibility and incorrect payments;   3,069        

      (4)  A requirement that information is adequately protected  3,071        

against unauthorized disclosures for purposes other than to        3,072        

establish or verify eligibility or benefit amounts under the       3,073        

programs enumerated in division (A) of this section;               3,074        

      (5)  A requirement that a program providing information is   3,076        

reimbursed by the program using the information for the actual     3,077        

costs of furnishing the information and that the director be       3,079        

reimbursed by the participating programs for any actual costs      3,080        

incurred in operating the system;                                  3,081        

      (6)  Requirements for any other matters necessary to ensure  3,083        

the effective, efficient, and timely exchange of necessary         3,084        

information or that the director determines must be addressed in   3,087        

order to ensure compliance with the requirements of section 1137   3,088        

of the "Social Security Act."                                                   

      (C)  Each participating agency shall furnish to the income   3,090        

and eligibility verification system established in division (A)    3,091        

of this section that information, which the director, by rule,     3,094        

determines is necessary in order to comply with section 1137 of    3,095        

the "Social Security Act."                                                      

      (D)  Notwithstanding the information disclosure              3,097        

requirements of this section and section 4141.21 and division      3,100        

(D)(4)(a)(A) of section 4141.28 4141.282 of the Revised Code, the  3,102        

director shall administer those provisions of law so as to comply  3,104        

                                                          74     


                                                                 
with section 1137 of the "Social Security Act."                                 

      (E)  Requirements in section 4141.21 of the Revised Code     3,106        

with respect to confidentiality of information obtained in the     3,107        

administration of Chapter 4141. of the Revised Code and any        3,108        

sanctions imposed for improper disclosure of such information      3,109        

shall apply to the redisclosure of information disclosed under     3,110        

this section.                                                      3,111        

      Sec. 4141.21.  Except as provided in section 4141.162 of     3,120        

the Revised Code, and subject to section 4141.43 of the Revised    3,123        

Code, the information maintained by the director of job and        3,125        

family services or furnished to the director by employers or       3,127        

employees pursuant to this chapter is for the exclusive use and    3,129        

information of the department of job and family services in the    3,131        

discharge of its duties and shall not be open to the public or be  3,133        

used in any court in any action or proceeding pending therein, or  3,134        

be admissible in evidence in any action, other than one arising    3,135        

under those sections THIS CHAPTER.  All of the information and     3,137        

records necessary or useful in the determination of any            3,138        

particular claim for benefits or necessary in verifying any        3,139        

charge to an employer's account under sections 4141.23 to 4141.26  3,140        

of the Revised Code shall be available for examination and use by  3,141        

the employer and the employee involved or their authorized         3,142        

representatives in the hearing of such cases, and that             3,143        

information may be tabulated and published in statistical form                  

for the use and information of the state departments and the       3,144        

public.                                                            3,145        

      Sec. 4141.23.  (A)  Contributions shall accrue and become    3,154        

payable by each employer for each calendar year or other period    3,155        

as prescribed by this chapter.  Such contributions become due and  3,156        

shall be paid by each employer to the director of job and family   3,158        

services for the unemployment compensation fund in accordance      3,159        

with such regulations as the director prescribes, and shall not    3,160        

be deducted, in whole or in part, from the remuneration of         3,162        

individuals in the employer's employ.                              3,163        

                                                          75     


                                                                 
      In the payment of any contributions, a fractional part of a  3,165        

dollar may be disregarded unless it amounts to fifty cents or      3,166        

more, in which case it may be increased to the next higher         3,167        

dollar.                                                            3,168        

      (B)(1)  Any contribution or payment in lieu of               3,170        

contribution, due from an employer on or before December 31,       3,171        

1992, shall, if not paid when due, bear interest at the rate of    3,172        

ten per cent per annum.  In such computation any fraction of a     3,173        

month shall be considered as a full month.                         3,174        

      (2)  Any contribution, payment in lieu of contribution,      3,176        

interest, forfeiture, or fine due from an employer on or after     3,177        

January 1, 1993, shall, if not paid when due, bear interest at     3,178        

the annual rate of fourteen per cent compounded monthly on the     3,179        

aggregate receivable balance due.  In such computation any         3,180        

fraction of a month shall be considered as a full month.           3,181        

      (C)  The director may waive the interest assessed under      3,184        

division (B)(2) of this section if the employer meets all of the   3,185        

following conditions within thirty days after the date the                      

director mails or delivers the notice of assessment of interest:   3,188        

      (1)  Provides to the director a written request for a        3,191        

waiver of interest clearly demonstrating that the employer's       3,192        

failure to timely pay contributions, payments in lieu of           3,194        

contributions, interest, forfeiture, and fines was a result of     3,195        

circumstances beyond the control of the employer or the            3,196        

employer's agent, except that negligence on the part of the        3,198        

employer or the employer's agent shall not be considered beyond    3,200        

the control of the employer or the employer's agent;               3,201        

      (2)  Furnishes to the director all quarterly reports         3,204        

required under section 4141.20 of the Revised Code;                3,205        

      (3)  Pays in full all contributions, payments in lieu of     3,207        

contributions, interest, forfeiture, and fines for each quarter    3,208        

for which such payments are due.                                   3,209        

      The director shall deny an employer's request for a waiver   3,213        

of interest after finding that the employer's failure to timely    3,215        

                                                          76     


                                                                 
furnish reports or make payments as required under this chapter    3,216        

was due to an attempt to evade payment.                                         

      (D)  Any contribution, interest, forfeiture, or fine         3,218        

required to be paid under this chapter by any employer shall, if   3,219        

not paid when due, become a lien upon the real and personal        3,220        

property of such employer.  Upon failure of such employer to pay   3,221        

the contributions, interest, forfeiture, or fine required to be    3,222        

paid under this chapter, the director shall file notice of such    3,225        

lien, for which there shall be no charge, in the office of the     3,226        

county recorder of the county in which it is ascertained that                   

such employer owns real estate or personal property.  The          3,227        

director shall notify the employer by mail of the lien.  The       3,229        

absence of proof that the notice was sent does not affect the      3,230        

validity of the lien.  Such lien shall not be valid as against     3,231        

the claim of any mortgagee, pledgee, purchaser, judgment           3,232        

creditor, or other lienholder of record at the time such notice    3,233        

is filed.                                                          3,234        

      If the employer acquires real or personal property after     3,236        

notice of lien is filed, such lien shall not be valid as against   3,237        

the claim of any mortgagee, pledgee, subsequent bona fide          3,238        

purchaser for value, judgment creditor, or other lienholder of     3,239        

record to such after-acquired property, unless the notice of lien  3,240        

is refiled after such property was acquired by the employer and    3,241        

before the competing lien attached to such after-acquired          3,242        

property or before the conveyance to such subsequent bona fide     3,243        

purchaser for value.                                               3,244        

      Such notice shall be recorded in a book kept by the          3,246        

recorder called the "unemployment compensation lien record" and    3,247        

indexed therein in an alphabetical index under the name of such    3,248        

employer.  When such unpaid contributions, interest, forfeiture,   3,249        

or fines have been paid, the employer may record with the          3,250        

recorder of the county in which such notice of lien has been       3,251        

filed and recorded, notice of such payment.  For recording such    3,252        

notice of payment the recorder shall charge and receive from the   3,253        

                                                          77     


                                                                 
employer a fee of two dollars.                                     3,254        

      (E)  NOTWITHSTANDING OTHER PROVISIONS IN THIS SECTION, THE   3,256        

DIRECTOR MAY REDUCE, IN WHOLE OR IN PART, THE AMOUNT OF INTEREST,  3,257        

FORFEITURE, OR FINES REQUIRED TO BE PAID UNDER THIS CHAPTER IF     3,258        

THE DIRECTOR DETERMINES THAT THE REDUCTION IS IN THE BEST          3,259        

INTEREST OF THE UNEMPLOYMENT COMPENSATION FUND.                                 

      (F)  Assessment of contributions shall not be made after     3,261        

four years from the date on which such contributions became        3,262        

payable, and no action in court for the collection of              3,263        

contributions without assessment of such contributions shall be    3,264        

begun after the expiration of five years from the date such        3,265        

contributions became payable.  In case of a false or fraudulent    3,266        

report or of a willful attempt in any manner to evade              3,267        

contributions, such contributions may be assessed or a proceeding  3,268        

in court for the collection of such contributions may be begun     3,269        

without assessment at any time.  When the assessment of            3,270        

contributions has been made within such four-year period           3,271        

provided, action in court to collect such contributions may be     3,272        

begun within, but not later than, six years after such             3,273        

assessment.                                                        3,274        

      (F)(G)  In the event of a distribution of an employer's      3,276        

assets, pursuant to an order of any court under the law of this    3,277        

state, including any receivership, assignment for benefit of       3,278        

creditors, adjudicated insolvency, or similar proceedings,         3,279        

contributions, interest, forfeiture, or fine then or thereafter    3,280        

due have the same priority as provided by law for the payment of   3,281        

taxes due the state and shall be paid out of the trust fund in     3,282        

the same manner as provided for other claims for unpaid taxes due  3,283        

the state.                                                         3,284        

      (G)(H)  If the attorney general finds after investigation    3,286        

that any claim for delinquent contributions, interest,             3,287        

forfeitures, or fines owing to the director is uncollectible, in   3,288        

whole or in part, the attorney general shall recommend to the      3,290        

director the cancellation of such claim or any part thereof.  The  3,293        

                                                          78     


                                                                 
director may thereupon effect such cancellation.                   3,295        

      Sec. 4141.24.  (A)(1)  The director of job and family        3,304        

services shall maintain a separate account for each employer and,  3,307        

except as otherwise provided in division (B) of section 4141.25    3,308        

of the Revised Code respecting mutualized contributions, shall     3,309        

credit such employer's account with all the contributions, or      3,310        

payments in lieu of contributions, which the employer has paid on  3,311        

the employer's own behalf.                                                      

      (2)  If, as of the computation date, a contributory          3,313        

employer's account shows a negative balance computed as provided   3,314        

in division (A)(3) of section 4141.25 of the Revised Code, less    3,316        

any contributions due and unpaid on such date, which negative                   

balance is in excess of the limitations imposed by divisions       3,317        

(A)(2)(a), (b), and (c) of this section and if the employer's      3,318        

account is otherwise eligible for the transfer, then before the    3,319        

employer's contribution rate is computed for the next succeeding   3,320        

contribution period, an amount equal to the amount of the excess   3,321        

eligible for transfer shall be permanently transferred from the    3,322        

account of such employer and charged to the mutualized account     3,323        

provided in division (B) of section 4141.25 of the Revised Code.   3,325        

      (a)  If as of any computation date, a contributory           3,327        

employer's account shows a negative balance in excess of ten per   3,328        

cent of the employer's average annual payroll, then before the     3,329        

employer's contribution rate is computed for the next succeeding   3,330        

contribution period, an amount equal to the amount of the excess   3,331        

shall be transferred from the account as provided in this          3,332        

division.  No contributory employer's account may have any excess  3,333        

transferred pursuant to division (A)(2)(a) of this section,        3,334        

unless the employer's account has shown a positive balance for at  3,336        

least two consecutive computation dates prior to the computation                

date with respect to which the transfer is proposed.  Each time a  3,337        

transfer is made pursuant to division (A)(2)(a) of this section,   3,338        

the employer's account is ineligible for any additional transfers  3,339        

under that division, until the account shows a positive balance    3,340        

                                                          79     


                                                                 
for at least two consecutive computation dates subsequent to the   3,341        

computation date of which the most recent transfer occurs          3,342        

pursuant to division (A)(2)(a), (b), or (c) of this section.       3,343        

      (b)  If at the next computation date after the computation   3,345        

date at which a transfer from the account occurs pursuant to       3,346        

division (A)(2)(a) of this section, a contributory employer's      3,347        

account shows a negative balance in excess of fifteen per cent of  3,348        

the employer's average annual payroll, then before the employer's  3,350        

contribution rate is computed for the next succeeding                           

contribution period an amount equal to the amount of the excess    3,351        

shall be permanently transferred from the account as provided in   3,352        

this division.                                                     3,353        

      (c)  If at the next computation date subsequent to the       3,355        

computation date at which a transfer from a contributory           3,356        

employer's account occurs pursuant to division (A)(2)(b) of this   3,357        

section, the employer's account shows a negative balance in        3,358        

excess of twenty per cent of the employer's average annual         3,359        

payroll, then before the employer's contribution rate is computed  3,361        

for the next succeeding contribution period, an amount equal to                 

the amount of the excess shall be permanently transferred from     3,362        

the account as provided in this division.                          3,363        

      (d)  If no transfer occurs pursuant to division (A)(2)(b)    3,365        

or (c) of this section, the employer's account is ineligible for   3,366        

any additional transfers under division (A)(2) until the account   3,367        

requalifies for a transfer pursuant to division (A)(2)(a) of this  3,368        

section.                                                           3,369        

      (B)  Any employer may make voluntary payments in addition    3,371        

to the contributions required under this chapter, in accordance    3,372        

with rules established by the director.  Such payments shall be    3,375        

included in the employer's account as of the computation date,                  

provided they are received by the director by the thirty-first     3,378        

day of December following such computation date.  Such voluntary   3,379        

payment, when accepted from an employer, will not be refunded in   3,380        

whole or in part.  In determining whether an employer's account    3,381        

                                                          80     


                                                                 
has a positive balance on two consecutive computation dates and    3,382        

is eligible for transfers under division (A)(2) of this section,   3,383        

the director shall exclude any voluntary payments made subsequent  3,385        

to the last transfer made under division (A)(2) of this section.   3,386        

      (C)  All contributions to the fund shall be pooled and       3,388        

available to pay benefits to any individual entitled to benefits   3,389        

irrespective of the source of such contributions.                  3,390        

      (D)(1)  For the purposes of this section and sections        3,392        

4141.241 and 4141.242 of the Revised Code, an employer's account   3,393        

shall be charged only for benefits based on remuneration paid by   3,394        

such employer.  Benefits paid to an eligible individual shall be   3,395        

charged against the account of each employer within the            3,396        

claimant's base period in the proportion to which wages            3,397        

attributable to each employer of the claimant bears to the         3,398        

claimant's total base period wages.  Charges to the account of a   3,399        

base period employer with whom the claimant is employed part-time  3,400        

at the time the claimant's application for a determination of      3,402        

benefits rights is filed shall be charged to the mutualized                     

account when all of the following conditions are met:              3,403        

      (a)  The claimant also worked part-time for the employer     3,405        

during the base period of the claim.                               3,406        

      (b)  The claimant is unemployed due to loss of other         3,408        

employment.                                                        3,409        

      (c)  The employer is not a reimbursing employer under        3,412        

section 4141.241 or 4141.242 of the Revised Code.                               

      (2)  Notwithstanding division (D)(1) of this section,        3,414        

charges to the account of any employer, including any reimbursing  3,415        

employer, shall be charged to the mutualized account if it         3,416        

finally is determined by a court on appeal that the employer's     3,417        

account is not chargeable for the benefits.                                     

      (3)  ANY BENEFITS PAID TO A CLAIMANT UNDER SECTION 4141.28   3,419        

OF THE REVISED CODE PRIOR TO A FINAL DETERMINATION OF THE          3,421        

CLAIMANT'S RIGHT TO THE BENEFITS SHALL BE CHARGED TO THE           3,423        

EMPLOYER'S ACCOUNT AS PROVIDED IN DIVISION (D)(1) OF THIS          3,424        

                                                          81     


                                                                 
SECTION, PROVIDED THAT IF THERE IS NO FINAL DETERMINATION OF THE   3,425        

CLAIM BY THE SUBSEQUENT THIRTIETH DAY OF JUNE, THE EMPLOYER'S      3,426        

ACCOUNT SHALL BE CREDITED WITH THE TOTAL AMOUNT OF BENEFITS THAT   3,427        

HAS BEEN PAID PRIOR TO THAT DATE, BASED ON THE DETERMINATION THAT  3,428        

HAS NOT BECOME FINAL.  THE TOTAL AMOUNT CREDITED TO THE            3,429        

EMPLOYER'S ACCOUNT SHALL BE CHARGED TO A SUSPENSE ACCOUNT, WHICH   3,430        

SHALL BE MAINTAINED AS A SEPARATE BOOKKEEPING ACCOUNT AND          3,431        

ADMINISTERED AS A PART OF THIS SECTION, AND SHALL NOT BE USED IN   3,432        

DETERMINING THE ACCOUNT BALANCE OF THE EMPLOYER FOR THE PURPOSE    3,433        

OF COMPUTING THE EMPLOYER'S CONTRIBUTION RATE UNDER SECTION        3,434        

4141.25 OF THE REVISED CODE.                                                    

      IF IT IS FINALLY DETERMINED THAT THE CLAIMANT IS ENTITLED    3,436        

TO ALL OR A PART OF THE BENEFITS IN DISPUTE, THE SUSPENSE ACCOUNT  3,437        

SHALL BE CREDITED AND THE APPROPRIATE EMPLOYER'S ACCOUNT CHARGED   3,438        

WITH THE BENEFITS.  IF IT IS FINALLY DETERMINED THAT THE CLAIMANT  3,439        

IS NOT ENTITLED TO ALL OR ANY PORTION OF THE BENEFITS IN DISPUTE,  3,440        

THE BENEFITS SHALL BE CREDITED TO THE SUSPENSE ACCOUNT AND A       3,441        

CORRESPONDING CHARGE MADE TO THE MUTUALIZED ACCOUNT ESTABLISHED    3,442        

IN DIVISION (B) OF SECTION 4141.25 OF THE REVISED CODE, PROVIDED   3,445        

THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF BENEFITS    3,446        

ARE CHARGEABLE TO AN EMPLOYER OR GROUP OF EMPLOYERS WHO IS         3,447        

REQUIRED OR ELECTS TO MAKE PAYMENTS TO THE FUND IN LIEU OF         3,448        

CONTRIBUTIONS UNDER SECTION 4141.241 OF THE REVISED CODE, THE      3,450        

BENEFITS SHALL BE CHARGED TO THE EMPLOYER'S ACCOUNT IN THE MANNER  3,451        

PROVIDED IN DIVISION (D)(1) OF THIS SECTION AND DIVISION (B) OF    3,453        

SECTION 4141.241 OF THE REVISED CODE, AND NO PART OF THE BENEFITS  3,455        

MAY BE CHARGED TO THE SUSPENSE ACCOUNT PROVIDED IN THIS DIVISION.  3,456        

      TO THE EXTENT THAT BENEFITS THAT HAVE BEEN PAID TO A         3,459        

CLAIMANT AND CHARGED TO THE EMPLOYER'S ACCOUNT ARE FOUND NOT TO    3,460        

BE DUE THE CLAIMANT AND ARE RECOVERED BY THE DIRECTOR AS PROVIDED  3,461        

IN SECTION 4141.35 OF THE REVISED CODE, THEY SHALL BE CREDITED TO  3,463        

THE EMPLOYER'S ACCOUNT.                                            3,464        

      (4)  The director shall notify each employer at least once   3,468        

each month of the benefits charged to the employer's account       3,469        

                                                          82     


                                                                 
since the last preceding notice; except that for the purposes of   3,470        

sections 4141.241 and 4141.242 of the Revised Code which provides  3,471        

the billing of employers on a payment in lieu of a contribution    3,472        

basis, the director may prescribe a quarterly or less frequent     3,475        

notice of benefits charged to the employer's account.  Such        3,476        

notice will show a summary of the amount of benefits paid which    3,477        

were charged to the employer's account.  This notice shall not be  3,478        

deemed a determination of the claimant's eligibility for                        

benefits.  Any employer so notified, however, may file within      3,480        

fifteen days after the mailing date of the notice, an exception    3,481        

to charges appearing on the notice on the grounds that such        3,482        

charges are not in accordance with this section.  The director     3,484        

shall promptly examine the exception to such charges and shall     3,485        

notify the employer of the director's decision thereon, which      3,487        

decision shall become final unless applealed APPEALED to the       3,488        

unemployment compensation review commission in the manner          3,490        

provided in section 4141.26 of the Revised Code.  For the                       

purposes of this division, an exception is considered timely       3,491        

filed when it has been received as provided in division (I)(2) of  3,492        

section 4141.28 of the Revised Code.                               3,493        

      (E)  The director shall terminate and close the account of   3,496        

any contributory employer who has been subject to this chapter if  3,497        

the enterprise for which the account was established is no longer  3,498        

in operation and it has had no payroll and its account has not     3,499        

been chargeable with benefits for a period of five consecutive     3,500        

years.  The amount of any positive balance, computed as provided   3,501        

in division (A)(3) of section 4141.25 of the Revised Code, in an   3,502        

account closed and terminated as provided in this section shall    3,503        

be credited to the mutualized account as provided in division      3,504        

(B)(2)(b) of section 4141.25 of the Revised Code.  The amount of   3,505        

any negative balance, computed as provided in division (A)(3) of   3,506        

section 4141.25 of the Revised Code, in an account closed and      3,507        

terminated as provided in this section shall be charged to the     3,508        

mutualized account as provided in division (B)(1)(b) of section    3,509        

                                                          83     


                                                                 
4141.25 of the Revised Code.  The amount of any positive balance   3,511        

or negative balance, credited or charged to the mutualized         3,512        

account after the termination and closing of an employer's         3,513        

account, shall not thereafter be considered in determining the     3,514        

contribution rate of such employer.  The closing of an employer's  3,515        

account as provided in this division shall not relieve such        3,516        

employer from liability for any unpaid contributions or payment    3,517        

in lieu of contributions which are due for periods prior to such   3,518        

closing.                                                                        

      If the director finds that a contributory employer's         3,521        

business is closed solely because of the entrance of one or more   3,522        

of the owners, officers, or partners, or the majority              3,523        

stockholder, into the armed forces of the United States, or any    3,524        

of its allies, or of the United Nations after July 1, 1950, such   3,525        

employer's account shall not be terminated and if the business is  3,526        

resumed within two years after the discharge or release of such    3,527        

persons from active duty in the armed forces, the employer's       3,528        

experience shall be deemed to have been continuous throughout      3,529        

such period.  The reserve ratio of any such employer shall be the  3,530        

total contributions paid by such employer minus all benefits,      3,531        

including benefits paid to any individual during the period such   3,532        

employer was in the armed forces, based upon wages paid by the     3,533        

employer prior to the employer's entrance into the armed forces    3,535        

divided by the average of the employer's annual payrolls for the   3,536        

three most recent years during the whole of which the employer     3,538        

has been in business.                                                           

      (F)  If an employer transfers the employer's business or     3,540        

otherwise reorganizes such business, the successor in interest     3,541        

shall assume the resources and liabilities of such employer's      3,542        

account, and continue the payment of all contributions, or         3,543        

payments in lieu of contributions, due under this chapter.  If an  3,544        

employer acquires substantially all of the assets in a trade or    3,545        

business of another employer, or a clearly segregable and          3,546        

identifiable portion of an employer's enterprise, and immediately  3,547        

                                                          84     


                                                                 
after the acquisition employs in the employer's trade or business  3,548        

substantially the same individuals who immediately prior to the    3,550        

acquisition were employed in the trade or business or in the       3,551        

separate unit of such trade or business of such predecessor        3,552        

employer, then, upon application to the director signed by the     3,553        

predecessor employer and the acquiring employer, the employer      3,555        

acquiring such enterprise is the successor in interest.  In the    3,556        

case of a transfer of a portion of an employer's enterprise, only  3,557        

that part of the experience with unemployment compensation and     3,558        

payrolls that is directly attributable to the segregated and       3,559        

identifiable part shall be transferred and used in computing the   3,560        

contribution rate of the successor employer on the next            3,561        

computation date.  The director by rule may prescribe procedures   3,562        

for effecting transfers of experience as provided for in this      3,564        

section.                                                                        

      (G)  For the purposes of this section, two or more           3,566        

employers who are parties to or the subject of a merger,           3,567        

consolidation, or other form of reorganization effecting a change  3,568        

in legal identity or form are deemed to be a single employer if    3,569        

the director finds that immediately after such change the          3,571        

employing enterprises of the predecessor employers are continued   3,572        

solely through a single employer as successor thereto, and         3,573        

immediately after such change such successor is owned or           3,574        

controlled by substantially the same interests as the predecessor  3,575        

employers, and the successor has assumed liability for all         3,576        

contributions required of the predecessor employers, and the       3,577        

consideration of such two or more employers as a single employer   3,578        

for the purposes of this section would not be inequitable.         3,579        

      (H)  No rate of contribution less than two and seven-tenths  3,582        

per cent shall be permitted a contributory employer succeeding to  3,583        

the experience of another contributory employer pursuant to this   3,584        

section for any period subsequent to such succession, except in    3,585        

accordance with rules prescribed by the director, which rules      3,586        

shall be consistent with federal requirements for additional       3,588        

                                                          85     


                                                                 
credit allowance in section 3303 of the "Internal Revenue Code of  3,589        

1954" and consistent with this chapter, except that such rules     3,590        

may establish a computation date for any such period different     3,591        

from the computation date generally prescribed by this chapter,    3,592        

and may define "calendar year" as meaning a                        3,593        

twelve-consecutive-month period ending on the same day of the      3,594        

year as that on which such computation date occurs.                3,595        

      (I)  The director may prescribe rules for the                3,597        

establishment, maintenance, and dissolution of common              3,598        

contribution rates for two or more contributory employers, and in  3,599        

accordance with such rules and upon application by two or more     3,600        

employers shall establish such common rate to be computed by       3,601        

merging the several contribution rate factors of such employers    3,602        

for the purpose of establishing a common contribution rate         3,603        

applicable to all such employers.                                  3,604        

      Sec. 4141.241.  (A)(1)  Any nonprofit organization           3,613        

described in division (X) of section 4141.01 of the Revised Code,  3,614        

which becomes subject to this chapter on or after January 1,       3,615        

1972, shall pay contributions under section 4141.25 of the         3,616        

Revised Code, unless it elects, in accordance with this division,  3,617        

to pay to the director of job and family services for deposit in   3,619        

the unemployment compensation fund an amount in lieu of            3,620        

contributions equal to the amount of regular benefits plus one     3,621        

half of extended benefits paid from that fund that is              3,622        

attributable to service in the employ of the nonprofit             3,623        

organization to individuals whose service, during the base period  3,624        

of the claims, was within the effective period of such election.   3,625        

      (2)  Any nonprofit organization which becomes subject to     3,627        

this chapter after January 1, 1972, may elect to become liable     3,628        

for payments in lieu of contributions for a period of not less     3,629        

than the remainder of that calendar year and the next calendar     3,630        

year, beginning with the date on which such subjectivity begins,   3,631        

by filing a written notice of its election with the director not   3,634        

later than thirty days immediately following the date of the                    

                                                          86     


                                                                 
determination of such subjectivity.                                3,635        

      (3)  Any nonprofit organization which makes an election in   3,637        

accordance with this division will continue to be liable for       3,638        

payments in lieu of contributions for the period described in      3,639        

this division and until it files with the director a written       3,641        

notice terminating its election.  The notice shall be filed not    3,642        

later than thirty days prior to the beginning of the calendar      3,643        

year for which the termination is to become effective.             3,644        

      (4)  Any nonprofit organization which has been paying        3,646        

contributions for a period subsequent to January 1, 1972, may      3,647        

change to a reimbursable basis by filing with the director, not    3,650        

later than thirty days prior to the beginning of any calendar                   

year, a written notice of election to become liable for payments   3,651        

in lieu of contributions.  The election shall not be terminable    3,652        

by the organization during that calendar year and the next         3,653        

calendar year.                                                     3,654        

      (5)  The director, in accordance with any rules the          3,657        

director prescribes, shall notify each nonprofit organization of   3,659        

any determination which the director may make of its status as an  3,661        

employer and of the effective date of any election which it makes  3,663        

and of any termination of the election.  Any determinations shall  3,664        

be subject to reconsideration, appeal, and review in accordance    3,665        

with section 4141.26 of the Revised Code.                          3,666        

      (B)  Except as provided in division (I) of section 4141.29   3,668        

of the Revised Code, benefits based on service with a nonprofit    3,669        

organization granted a reimbursing status under this section       3,670        

shall be payable in the same amount, on the same terms, and        3,671        

subject to the same conditions, as benefits payable on the basis   3,672        

of other service subject to this chapter.  Payments in lieu of     3,673        

contributions shall be made in accordance with this division and   3,674        

division (D) of section 4141.24 of the Revised Code.               3,675        

      (1)(a)  At the end of each calendar quarter, or at the end   3,677        

of any other period as determined by the director under division   3,680        

(D)(3)(4) of section 4141.24 of the Revised Code, the director     3,681        

                                                          87     


                                                                 
shall bill each nonprofit organization or group of such            3,683        

organizations which has elected to make payments in lieu of                     

contributions for an amount equal to the full amount of regular    3,684        

benefits plus one half of the amount of extended benefits paid     3,685        

during such quarter or other prescribed period which is            3,686        

attributable to service in the employ of such organization.        3,687        

      (b)  In the computation of the amount of benefits to be      3,689        

charged to employers liable for payments in lieu of                3,690        

contributions, all benefits attributable to service described in   3,691        

division (B)(1)(a) of this section shall be computed and charged   3,692        

to such organization as described in division (D) of section       3,693        

4141.24 of the Revised Code, and, except as provided in division   3,694        

(D)(2) of section 4141.24 of the Revised Code, no portion of the   3,696        

amount may be charged to the mutualized account established by     3,697        

division (B) of section 4141.25 of the Revised Code.               3,698        

      (c)  The director may prescribe regulations under which      3,701        

organizations, which have elected to make payments in lieu of      3,702        

contributions may request permission to make such payments in                   

equal installments throughout the year with an adjustment at the   3,703        

end of the year for any excess or shortage of the amount of such   3,704        

installment payments compared with the total amount of benefits    3,705        

actually charged the organization's account during the year.  In   3,706        

making any adjustment, where the total installment payments are    3,707        

less than the actual benefits charged, the organization shall be   3,708        

liable for payment of the unpaid balance in accordance with        3,709        

division (B)(2) of this section.  If the total installment         3,710        

payments exceed the actual benefits charged, all or part of the    3,711        

excess may, at the discretion of the director, be refunded or      3,714        

retained in the fund as part of the payments which may be                       

required in the next year.                                         3,715        

      (2)  Payment of any bill rendered under division (B)(1) of   3,717        

this section shall be made not later than thirty days after the    3,718        

bill was mailed to the last known address of the organization or   3,719        

was otherwise delivered to it, unless there has been an            3,720        

                                                          88     


                                                                 
application for review and redetermination in accordance with      3,721        

division (B)(4) of this section.                                   3,722        

      (3)  Payments made by an organization under this section     3,724        

shall not be deducted or deductible, in whole or in part, from     3,725        

the remuneration of individuals in the employ of the               3,726        

organization.                                                      3,727        

      (4)  An organization may file an application for review and  3,729        

redetermination of the amounts appearing on any bill rendered to   3,730        

such organization under division (B)(1) of this section.  The      3,731        

application shall be filed and determined under division           3,733        

(D)(3)(4) of section 4141.24 of the Revised Code.                  3,734        

      (5)  Past-due payments of amounts in lieu of contributions   3,736        

shall be subject to the same interest rates and collection         3,737        

procedures that apply to past-due contributions under sections     3,738        

4141.23 and 414.27 of the Revised Code.  In case of faiurre        3,739        

FAILURE to file a required quarterly report within the time        3,741        

prescribed by the director, the nonprofit organization shall be    3,742        

subject to a forfeiture pursuant to section 4141.20 of the         3,744        

Revised Code for each quarterly report that is not timely filed.   3,745        

      All interest and forfeitures collected under this division   3,747        

shall be paid into the unemployment compensation special           3,748        

administrative fund as provided in section 4141.11 of the Revised  3,749        

Code.                                                              3,750        

      (6)  All payments in lieu of contributions collected under   3,752        

this section shall be paid into the unemployment compensation      3,753        

fund as provided in section 4141.09 of the Revised Code.  Any      3,754        

refunds of such payments shall be paid from the unemployment       3,755        

compensation fund, as provided in section 4141.09 of the Revised   3,756        

Code.                                                              3,757        

      (C)(1)  Any nonprofit organization, or group of such         3,759        

organizations approved under division (D) of this section, that    3,761        

elects to become liable for payments in lieu of contributions      3,762        

shall be required within thirty days after the effective date of   3,763        

its election, to execute and file with the director a surety bond  3,766        

                                                          89     


                                                                 
approved by the director or it may elect instead to deposit with   3,768        

the director approved municipal or other bonds, or approved        3,770        

securities, or a combination thereof, or other forms of                         

collateral security approved by the director.                      3,771        

      (2)(a)  The amount of the bond or deposit required shall be  3,773        

equal to three per cent of the organization's wages paid for       3,774        

employment as defined in section 4141.01 of the Revised Code that  3,775        

would have been taxable had the organization been a subject        3,776        

employer during the four calendar quarters immediately preceding   3,777        

the effective date of the election, or the amount established by   3,779        

the director within the limitation provided in division (C)(2)(d)  3,781        

of this section, whichever is the less.  The effective date of     3,782        

the amount of the bond or other collateral security required       3,783        

after the employer initially is determined by the director to be   3,784        

liable for payments in lieu of contributions shall be the renewal  3,786        

date in the case of a bond or the biennial anniversary of the      3,787        

effective date of election in the case of deposit of securities    3,788        

or other forms of collateral security approved by the director,    3,789        

whichever date shall be most recent and applicable.  If the        3,790        

nonprofit organization did not pay wages in each of such four      3,791        

calendar quarters, the amount of the bond or deposit shall be as   3,792        

determined by the director under regulations prescribed for this   3,795        

purpose.                                                                        

      (b)  Any bond or other form of collateral security approved  3,797        

by the director deposited under this division shall be in force    3,799        

for a period of not less than two calendar years and shall be      3,800        

renewed with the approval of the director, at such times as the    3,802        

director may prescribe, but not less frequently than at two-year   3,804        

intervals as long as the organization continues to be liable for   3,805        

payments in lieu of contributions.  The director shall require     3,807        

adjustments to be made in a previously filed bond or other form                 

of collateral security as the director considers appropriate.  If  3,809        

the bond or other form of collateral security is to be increased,  3,811        

the adjusted bond or collateral security shall be filed by the     3,812        

                                                          90     


                                                                 
organization within thirty days of the date that notice of the     3,813        

required adjustment was mailed or otherwise delivered to it.       3,814        

Failure by any organization covered by such bond or collateral     3,815        

security to pay the full amount of payments in lieu of             3,816        

contributions when due, together with any applicable interest                   

provided for in division (B)(5) of this section, shall render the  3,817        

surety liable on the bond or collateral security to the extent of  3,818        

the bond or collateral security, as though the surety was the      3,820        

organization.                                                                   

      (c)  Any securities accepted in lieu of surety bond by the   3,822        

director shall be deposited with the treasurer of state who shall  3,825        

have custody thereof and retain the same in the treasurer of       3,826        

state's possession, or release them, according to conditions                    

prescribed by regulations of the director.  Income from the        3,828        

securities, held in custody by the treasurer of state, shall       3,830        

accrue to the benefit of the depositor and shall be distributed    3,831        

to the depositor in the absence of any notification from the       3,832        

director that the depositor is in default on any payment owed to   3,834        

the director.  The director may require the sale of any such       3,836        

bonds to the extent necessary to satisfy any unpaid payments in    3,837        

lieu of contributions, together with any applicable interest or    3,838        

forfeitures provided for in division (B)(5) of this section.  The  3,839        

director shall require the employer within thirty days following   3,841        

any sale of deposited securities, under this subdivision, to       3,842        

deposit additional securities, surety bond, or combination of      3,843        

both, to make whole the employer's security deposit at the         3,844        

approved level.  Any cash remaining from the sale of such          3,845        

securities may, at the discretion of the director, be refunded in  3,846        

whole or in part, or be paid into the unemployment compensation    3,848        

fund to cover future payments required of the organization.        3,849        

      (d)  The required bond or deposit for any nonprofit          3,851        

organization, or group of such organizations approved by the       3,852        

director under division (D) of this section, that is determined    3,854        

by the director to be liable for payments in lieu of               3,856        

                                                          91     


                                                                 
contributions effective beginning on and after January 1, 1996,                 

but prior to January 1, 1998, and the required bond or deposit     3,857        

for any renewed elections under division (C)(2)(b) of this         3,858        

section effective during that period shall not exceed one million  3,859        

two hundred fifty thousand dollars.  The required bond or deposit  3,860        

for any nonprofit organization, or group of such organizations     3,861        

approved by the director under division (D) of this section, that  3,863        

is determined to be liable for payments in lieu of contributions                

effective on and after January 1, 1998, and the required bond or   3,864        

deposit for any renewed elections effective on and after January   3,866        

1, 1998, shall not exceed two million dollars.                                  

      (3)  If any nonprofit organization fails to file a bond or   3,868        

make a deposit, or to file a bond in an increased amount or to     3,869        

make whole the amount of a previously made deposit, as provided    3,870        

under this division, the director may terminate the                3,872        

organization's election to make payments in lieu of contributions  3,873        

effective for the quarter following such failure and the           3,874        

termination shall continue for not less than the remainder of      3,875        

that calendar year and the next calendar year, beginning with the  3,876        

quarter in which the termination becomes effective; except that    3,877        

the director may extend for good cause the applicable filing,      3,880        

deposit, or adjustment period by not more than thirty days.        3,881        

      (D)(1)  Two or more nonprofit organizations that have        3,883        

become liable for payments in lieu of contributions, in            3,884        

accordance with division (A) of this section, may file a joint     3,885        

application to the director for the establishment of the group     3,888        

account for the purpose of sharing the cost of benefits paid that  3,889        

are attributable to service in the employ of those employers.      3,890        

Notwithstanding division (E) of section 4141.242 of the Revised    3,891        

Code, hospitals operated by this state or a political subdivision  3,892        

may participate in a group account with nonprofit organizations    3,893        

under the procedures set forth in this section. Each application   3,894        

shall identify and authorize a group representative to act as the  3,895        

group's agent for the purposes of this division.                   3,896        

                                                          92     


                                                                 
      (2)  Upon the director's approval of the application, the    3,899        

director shall establish a group account for the employers         3,901        

effective as of the beginning of the calendar quarter in which     3,902        

the director receives the application and shall notify the         3,904        

group's representative of the effective date of the account.  The  3,905        

account shall remain in effect for not less than two years and     3,906        

thereafter until terminated by the director or upon application    3,908        

by the group.                                                      3,909        

      (3)  Upon establishment of the account, each member of the   3,911        

group shall be liable, in the event that the group representative  3,912        

fails to pay any bill issued to it pursuant to division (B) of     3,913        

this section, for payments in lieu of contributions with respect   3,914        

to each calendar quarter in the amount that bears the same ratio   3,915        

to the total benefits paid in the quarter that are attributable    3,916        

to service performed in the employ of all members of the group as  3,917        

the total wages paid for service in employment by the member in    3,918        

the quarter bear to the total wages paid during the quarter for    3,919        

service performed in the employ of all members of the group.       3,920        

      (4)  The director shall adopt regulations as considered      3,923        

necessary with respect to the following:  applications for         3,924        

establishment, bonding, maintenance, and termination of group      3,925        

accounts that are authorized by this section; addition of new      3,926        

members to and withdrawal of active members from such accounts;    3,927        

and the determination of the amounts that are payable under this   3,928        

division by the group representative and in the event of default   3,929        

in payment by the group representative, members of the group, and  3,930        

the time and manner of payments.                                   3,931        

      Sec. 4141.25.  (A)  The director of job and family services  3,940        

shall determine as of each computation date the contribution rate  3,942        

of each contributing employer subject to this chapter for the      3,943        

next succeeding contribution period.  The director shall           3,945        

determine a standard rate of contribution or an experience rate    3,946        

for each contributing employer.  Once a rate of contribution has   3,947        

been established under this section for a contribution period,     3,949        

                                                          93     


                                                                 
except as provided in division (D) of section 4141.26 of the       3,950        

Revised Code, that rate shall remain effective throughout such     3,951        

contribution period.  The rate of contribution shall be            3,952        

determined in accordance with the following requirements:          3,953        

      (1)  An employer whose experience does not meet the terms    3,955        

of division (A)(2) of this section shall be assigned a standard    3,956        

rate of contribution.  Effective for contribution periods          3,957        

beginning on and after January 1, 1998, an employer's standard     3,959        

rate of contribution shall be a rate of two and seven-tenths per   3,960        

cent, except that the rate for employers engaged in the            3,961        

construction industry shall be the average contribution rate       3,962        

computed for the construction industry or a rate of two and                     

seven-tenths per cent, whichever is greater.  The standard rate    3,964        

set forth in this division shall be applicable to a nonprofit      3,965        

organization whose election to make payments in lieu of            3,966        

contributions is voluntarily terminated or canceled by the         3,967        

director under section 4141.241 of the Revised Code, and           3,970        

thereafter pays contributions as required by this section.  If     3,971        

such nonprofit organization had been a contributory employer       3,972        

prior to its election to make payments in lieu of contributions,   3,973        

then any prior balance in the contributory account shall become    3,974        

part of the reactivated account.                                   3,975        

      As used in division (A) of this section, "the average        3,978        

contribution rate computed for the construction industry" means                 

the most recent annual average rate attributable to the            3,980        

construction industry as prescribed by the director.               3,981        

      (2)  A contributing employer subject to this chapter shall   3,983        

qualify for an experience rate only if the employer had no more    3,984        

than three THERE HAVE BEEN FOUR consecutive quarters without       3,986        

employment subject to this chapter during the first seven of the   3,988        

eight completed calendar quarters, ENDING ON THE THIRTIETH DAY OF  3,989        

JUNE immediately prior to the computation date, THROUGHOUT WHICH   3,990        

THE EMPLOYER'S ACCOUNT WAS CHARGEABLE WITH BENEFITS.  Upon         3,991        

meeting the qualifying requirements provided in division (A)(2)    3,993        

                                                          94     


                                                                 
of this section, the director shall calculate the total credits    3,995        

to each employer's account consisting of the contributions other   3,996        

than mutualized contributions including all contributions paid     3,997        

prior to the computation date for all past periods plus:           3,998        

      (a)  The contributions owing on the computation date that    4,000        

are paid within thirty days after the computation date, and        4,001        

credited to the employer's account;                                4,002        

      (b)  All voluntary contributions paid by an employer         4,004        

pursuant to division (B) of section 4141.24 of the Revised Code.   4,005        

      (3)  The director also shall determine the benefits which    4,009        

are chargeable to each employer's account and which were paid      4,010        

prior to the computation date with respect to weeks of                          

unemployment ending prior to the computation date.  The director   4,012        

then shall determine the positive or negative balance of each      4,014        

employer's account by calculating the excess of such               4,015        

contributions and interest over the benefits chargeable, or the    4,016        

excess of such benefits over such contributions and interest.                   

Any resulting negative balance then shall be subject to            4,017        

adjustment as provided in division (A)(2) of section 4141.24 of    4,018        

the Revised Code after which the positive or negative balance      4,019        

shall be expressed in terms of a percentage of the employer's      4,020        

average annual payroll.  If the total standing to the credit of    4,021        

an employer's account exceeds the total charges, as provided in    4,022        

this division, the employer has a positive balance and if such     4,023        

charges exceed such credits the employer has a negative balance.   4,024        

Each employer's contribution rate shall then be determined in      4,025        

accordance with the following schedule:                            4,026        

                   Contribution Rate Schedule                      4,027        

     If, as of the computation date            The employer's      4,036        

    the contribution rate balance of        contribution rate for  4,037        

       an employer's account as a           the next succeeding    4,038        

      percentage of the employer's          contribution period    4,039        

       average annual payroll is                  shall be         4,040        

(a)  A negative balance of                                         4,043        

                                                          95     


                                                                 
     20.0% or more                                 6.5%            4,044        

     19.0% but less than           20.0%           6.4%            4,045        

     17.0% but less than           19.0%           6.3%            4,046        

     15.0% but less than           17.0%           6.2%            4,047        

     13.0% but less than           15.0%           6.1%            4,048        

     11.0% but less than           13.0%           6.0%            4,049        

      9.0% but less than           11.0%           5.9%            4,050        

      5.0% but less than            9.0%           5.7%            4,051        

      4.0% but less than            5.0%           5.5%            4,052        

      3.0% but less than            4.0%           5.3%            4,053        

      2.0% but less than            3.0%           5.1%            4,054        

      1.0% but less than            2.0%           4.9%            4,055        

      more than 0.0% but less than  1.0%           4.8%            4,056        

(b)  A 0.0% or a positive                                          4,057        

     balance of less than           1.0%           4.7%            4,058        

(c)  A positive balance of                                         4,059        

      1.0% or more, but less than   1.5%           4.6%            4,060        

      1.5% or more, but less than   2.0%           4.5%            4,061        

      2.0% or more, but less than   2.5%           4.3%            4,062        

      2.5% or more, but less than   3.0%           4.0%            4,063        

      3.0% or more, but less than   3.5%           3.8%            4,064        

      3.5% or more, but less than   4.0%           3.5%            4,065        

      4.0% or more, but less than   4.5%           3.3%            4,066        

      4.5% or more, but less than   5.0%           3.0%            4,067        

      5.0% or more, but less than   5.5%           2.8%            4,068        

      5.5% or more, but less than   6.0%           2.5%            4,069        

      6.0% or more, but less than   6.5%           2.2%            4,070        

      6.5% or more, but less than   7.0%           2.0%            4,071        

      7.0% or more, but less than   7.5%           1.8%            4,072        

      7.5% or more, but less than   8.0%           1.6%            4,073        

      8.0% or more, but less than   8.5%           1.4%            4,074        

      8.5% or more, but less than   9.0%           1.3%            4,075        

      9.0% or more, but less than   9.5%           1.1%            4,076        

      9.5% or more, but less than  10.0%           1.0%            4,077        

                                                          96     


                                                                 
     10.0% or more, but less than  10.5%            .9%            4,078        

     10.5% or more, but less than  11.0%            .7%            4,079        

     11.0% or more, but less than  11.5%            .6%            4,080        

     11.5% or more, but less than  12.0%            .5%            4,081        

     12.0% or more, but less than  12.5%            .4%            4,082        

     12.5% or more, but less than  13.0%            .3%            4,083        

     13.0% or more, but less than  14.0%            .2%            4,084        

     14.0% or more                                  .1%            4,085        

      (d)  The contribution rates shall be as specified in         4,088        

divisions (a), (b), and (c) of the contribution rate schedule      4,089        

except that notwithstanding the amendments made to division (a)    4,090        

of the contribution rate schedule in this section, if, as of the   4,091        

computation date:  for 1991, the negative balance is 5.0% or       4,092        

more, the contribution rate shall be 5.7%; for 1992, if the        4,093        

negative balance is 11.0% or more, the contribution rate shall be  4,094        

6.0%; and for 1993, if the negative balance is 17.0% or more, the  4,095        

contzibution CONTRIBUTION rate shall be 6.3%.  Thereafter, the     4,096        

contribution rates shall be as specified in the contribution rate  4,098        

schedule.                                                                       

      (B)(1)  The director shall establish and maintain a          4,101        

separate account to be known as the "mutualized account."  As of   4,102        

each computation date there shall be charged to this account:      4,103        

      (a)  As provided in division (A)(2) of section 4141.24 of    4,105        

the Revised Code, an amount equal to the sum of that portion of    4,106        

the negative balances of employer accounts which exceeds the       4,107        

applicable limitations as such balances are computed under         4,108        

division (A) of this section as of such date;                      4,109        

      (b)  An amount equal to the sum of the negative balances     4,111        

remaining in employer accounts which have been closed during the   4,112        

year immediately preceding such computation date pursuant to       4,113        

division (E) of section 4141.24 of the Revised Code;               4,114        

      (c)  An amount equal to the sum of all benefits improperly   4,116        

paid preceding such computation date which are not recovered but   4,117        

which are not charged to an employer's account, or which after     4,118        

                                                          97     


                                                                 
being charged, are credited back to an employer's account;         4,119        

      (d)  An amount equal to the sum of any other benefits paid   4,121        

preceding such computation date which, under this chapter, are     4,122        

not chargeable to an employer's account;                           4,123        

      (e)  An amount equal to the sum of any refunds made during   4,125        

the year immediately preceding such computation date of            4,126        

erroneously collected mutualized contributions required by this    4,127        

division which were previously credited to this account;           4,128        

      (f)  An amount equal to the sum of any repayments made to    4,130        

the federal government during the year immediately preceding such  4,131        

computation date of amounts which may have been advanced by it to  4,132        

the unemployment compensation fund under section 1201 of the       4,133        

"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;         4,134        

      (g)  Any amounts appropriated by the general assembly out    4,136        

of funds paid by the federal government, under section 903 of the  4,137        

"Social Security Act," to the account of this state in the         4,138        

federal unemployment trust fund.                                   4,139        

      (2)  As of every computation date there shall be credited    4,141        

to the mutualized account provided for in this division:           4,142        

      (a)  The proceeds of the mutualized contributions as         4,144        

provided in this division;                                         4,145        

      (b)  Any positive balances remaining in employer accounts    4,147        

which are closed as provided in division (E) of section 4141.24    4,148        

of the Revised Code;                                               4,149        

      (c)  Any benefits improperly paid which are recovered but    4,151        

which cannot be credited to an employer's account;                 4,152        

      (d)  All amounts which may be paid by the federal            4,154        

government under section 903 of the "Social Security Act" to the   4,155        

account of this state in the federal unemployment trust fund;      4,156        

      (e)  Amounts advanced by the federal government to the       4,158        

account of this state in the federal unemployment trust fund       4,159        

under section 1201 of the "Social Security Act" to the extent      4,160        

such advances have been repaid to or recovered by the federal      4,161        

government;                                                        4,162        

                                                          98     


                                                                 
      (f)  Interest credited to the Ohio unemployment trust fund   4,164        

as deposited with the secretary of the treasury of the United      4,165        

States.                                                            4,166        

      (3)  Annually, as of the computation date, the director      4,169        

shall determine the total credits and charges made to the          4,171        

mutualized account during the preceding twelve months and the      4,172        

overall condition of the account.  The director shall issue an     4,174        

annual statement containing this information and such other        4,175        

information as the director deems pertinent, including a report    4,177        

that the sum of the balances in the mutualized account,            4,179        

employers' accounts, and any subsidiary accounts equal the         4,180        

balance in the state's unemployment trust fund maintained under    4,181        

section 904 of the "Social Security Act."                          4,182        

      (4)  As used in this division:                               4,184        

      (a)  "Fund as of the computation date" means as of any       4,186        

computation date, the aggregate amount of the unemployment         4,187        

compensation fund, including all contributions owing on the        4,188        

computation date that are paid within thirty days thereafter, all  4,189        

payments in lieu of contributions that are paid within sixty days  4,190        

after the computation date, all reimbursements of the federal      4,191        

share of extended benefits described in section 4141.301 of the    4,192        

Revised Code that are owing on the computation date, and all       4,193        

interest earned by the fund and received on or before the          4,194        

computation date from the federal government.                      4,195        

      (b)  "Minimum safe level" means an amount equal to two       4,197        

standard deviations above the average of the adjusted annual       4,198        

average unemployment compensation benefit payment from 1970 to     4,199        

the most recent calendar year prior to the computation date, as    4,200        

determined by the director pursuant to division (B)(4)(b) of this  4,203        

section.  To determine the adjusted annual payment of                           

unemployment compensation benefits, the director first shall       4,205        

multiply the number of weeks compensated during each calendar      4,206        

year beginning with 1970 by the most recent annual average weekly  4,207        

unemployment compensation benefit payment and then compute the     4,208        

                                                          99     


                                                                 
average and standard deviation of the resultant products.          4,209        

      (c)  "Annual average weekly unemployment compensation        4,211        

benefit payment" means the amount resulting from dividing the      4,212        

unemployment compensation benefits paid from the benefit account   4,213        

maintained within the unemployment compensation fund pursuant to   4,214        

section 4141.09 of the Revised Code, by the number of weeks        4,215        

compensated during the same time period.                           4,216        

      (5)  If, as of any computation date, the charges to the      4,218        

mutualized account during the entire period subsequent to the      4,219        

computation date, July 1, 1966, made in accordance with division   4,220        

(B)(1) of this section, exceed the credits to such account         4,221        

including mutualized contributions during such period, made in     4,222        

accordance with division (B)(2) of this section, the amount of     4,224        

such excess charges shall be recovered during the next             4,225        

contribution period.  To recover such amount, the director shall   4,227        

compute the percentage ratio of such excess charges to the         4,228        

average annual payroll of all employers eligible for an            4,229        

experience rate under division (A) of this section.  The           4,230        

percentage so determined shall be computed to the nearest tenth    4,231        

of one per cent and shall be an additional contribution rate to    4,232        

be applied to the wages paid by each employer whose rate is        4,233        

computed under the provisions of division (A) of this section in   4,235        

the contribution period next following such computation date, but  4,236        

such percentage shall not exceed five-tenths of one per cent;      4,237        

however, when there are any excess charges in the mutualized       4,238        

account, as computed in this division, then the mutualized         4,239        

contribution rate shall not be less than one-tenth of one per      4,240        

cent.                                                              4,241        

      (6)  If the fund as of the computation date is above or      4,243        

below minimum safe level, the contribution rates provided for in   4,244        

each classification in division (A)(3) of this section for the     4,246        

next contribution period shall be adjusted as follows:                          

      (a)  If the fund is thirty per cent or more above minimum    4,248        

safe level, the contribution rates provided in division (A)(3) of  4,250        

                                                          100    


                                                                 
this section shall be decreased two-tenths of one per cent.        4,251        

      (b)  If the fund is more than fifteen per cent but less      4,253        

than thirty per cent above minimum safe level, the contribution    4,254        

rates provided in division (A)(3) of this section shall be         4,255        

decreased one-tenth of one per cent.                               4,256        

      (c)  If the fund is more than fifteen per cent but less      4,258        

than thirty per cent below minimum safe level, the contribution    4,259        

rates of all employers shall be increased twenty-five              4,260        

one-thousandths of one per cent plus a per cent increase           4,261        

calculated and rounded pursuant to division (B)(6)(g) of this      4,263        

section.                                                                        

      (d)  If the fund is more than thirty per cent but less than  4,265        

forty-five per cent below minimum safe level, the contribution     4,266        

rates of all employers shall be increased seventy-five             4,267        

one-thousandths of one per cent plus a per cent increase           4,268        

calculated and rounded pursuant to division (B)(6)(g) of this      4,270        

section.                                                                        

      (e)  If the fund is more than forty-five per cent but less   4,272        

than sixty per cent below minimum safe level, the contribution     4,273        

rates of all employers shall be increased one-eighth of one per    4,274        

cent plus a per cent increase calculated and rounded pursuant to   4,275        

division (B)(6)(g) of this section.                                4,276        

      (f)  If the fund is sixty per cent or more below minimum     4,278        

safe level, the contribution rates of all employers shall be       4,279        

increased two-tenths of one per cent plus a per cent increase      4,280        

calculated and rounded pursuant to division (B)(6)(g) of this      4,282        

section.                                                                        

      (g)  The additional per cent increase in contribution rates  4,284        

required by divisions (B)(6)(c), (d), (e), and (f) of this         4,285        

section that is payable by each individual employer shall be       4,286        

calculated in the following manner.  The flat rate increase        4,287        

required by a particular division shall be multiplied by three     4,288        

and the product divided by the average experienced-rated           4,289        

contribution rate for all employers as determined by the director  4,291        

                                                          101    


                                                                 
for the most recent calendar year.  The resulting quotient shall   4,293        

be multiplied by an individual employer's contribution rate        4,294        

determined pursuant to division (A)(3) of this section.  The       4,296        

resulting product shall be rounded to the nearest tenth of one     4,297        

per cent, added to the flat rate increase required by division     4,298        

(B)(6)(c), (d), (e), or (f) of this section, as appropriate, and   4,299        

the total shall be rounded to the nearest tenth of one per cent.   4,300        

As used in division (B)(6)(g) of this section, the "average        4,302        

experienced-rated contribution rate" means the most recent annual  4,303        

average contribution rate reported by the director contained in    4,305        

report RS 203.2 less the mutualized and minimum safe level         4,306        

contribution rates included in such rate.                                       

      (h)  If any of the increased contribution rates of division  4,308        

(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate  4,310        

shall remain in effect for the calendar year in which it is        4,311        

imposed and for each calendar year thereafter until the director   4,313        

determines as of the computation date for calendar year 1991 and   4,315        

as of the computation date for any calendar year thereafter        4,316        

pursuant to this section, that the level of the unemployment       4,317        

compensation fund equals or exceeds the minimum safe level as      4,318        

defined in division (B)(4)(b) of this section.  Nothing in         4,320        

division (B)(6)(h) of this section shall be construed as                        

restricting the imposition of the increased contribution rates     4,321        

provided in divisions (B)(6)(c), (d), (e), and (f) of this         4,322        

section if the fund falls below the percentage of the minimum      4,323        

safe level as specified in those divisions.                        4,324        

      (7)  The additional contributions required by division       4,326        

(B)(5) of this section shall be credited to the mutualized         4,327        

account.  The additional contributions required by division        4,328        

(B)(6) of this section shall be credited fifty per cent to         4,329        

individual employer accounts and fifty per cent to the mutualized  4,330        

account.                                                           4,331        

      (C)  If an employer makes a payment of contributions which   4,333        

is less than the full amount required by divisions (A) and (B) of  4,335        

                                                          102    


                                                                 
this section, such partial payment shall be applied first against  4,336        

the mutualized contributions required under division (B) of this   4,338        

section, including the additional contributions required under     4,339        

division (B)(6) of this section.  Any remaining partial payment    4,341        

shall be credited to the employer's individual account.            4,342        

      (D)  Whenever there are any increases in contributions       4,344        

resulting from an increase in wages subject to contributions as    4,345        

defined in division (G) of section 4141.01 of the Revised Code,    4,346        

or from an increase in the mutualized rate of contributions        4,347        

provided in division (B) of this section, or from a revision of    4,349        

the contribution rate schedule provided in division (A) of this    4,351        

section, except for that portion of the increase attributable to   4,352        

a change in the positive or negative balance in an employer's      4,353        

account, which increases become effective after a contract for     4,354        

the construction of real property, as defined in section 5701.02   4,355        

of the Revised Code, has been entered into, the contractee upon    4,356        

written notice by a prime contractor shall reimburse the           4,357        

contractor for all increased contributions paid by the prime       4,358        

contractor or by subcontractors upon wages for services performed  4,359        

under the contract.  Upon reimbursement by the contractee to the   4,360        

prime contractor, the prime contractor shall reimburse each        4,361        

subcontractor for the increased contributions.                     4,362        

      (E)  Effective only for the contribution period beginning    4,364        

on January 1, 1996, and ending on December 31, 1996, mutualized    4,365        

contributions collected or received by the director pursuant to    4,366        

division (B)(5) of this section and amounts credited to the        4,368        

mutualized account pursuant to division (B)(7) of this section     4,369        

shall be deposited into or credited to the unemployment            4,371        

compensation benefit reserve fund that is created under division   4,372        

(F) of this section, except that amounts collected, received, or   4,373        

credited in excess of two hundred million dollars shall be         4,374        

deposited into or credited to the unemployment trust fund          4,375        

established pursuant to section 4141.09 of the Revised Code.       4,377        

      (F)  The state unemployment compensation benefit reserve     4,380        

                                                          103    


                                                                 
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.    4,381        

The fund shall consist of all moneys collected or received as      4,383        

mutualized contributions pursuant to division (B)(5) of this       4,384        

section and amounts credited to the mutualized account pursuant    4,385        

to division (B)(7) of this section as provided by division (E) of  4,387        

this section.  All moneys in the fund shall be used solely to pay  4,389        

unemployment compensation benefits in the event that funds are no  4,390        

longer available for that purpose from the unemployment trust      4,391        

fund established pursuant to section 4141.09 of the Revised Code.  4,392        

      (G)  The balance in the unemployment compensation benefit    4,394        

reserve fund remaining at the end of the contribution period       4,396        

beginning January 1, 2000, and any mutualized contribution         4,397        

amounts for the contribution period beginning on January 1, 1996,  4,398        

that may be received after December 31, 2000, shall be deposited   4,399        

into the unemployment trust fund established pursuant to section   4,400        

4141.09 of the Revised Code.  Income earned on moneys in the       4,402        

state unemployment compensation benefit reserve fund shall be      4,403        

available for use by the director only for the purposes described  4,404        

in division (I) of this section, and shall not be used for any     4,406        

other purpose.                                                                  

      (H)  The unemployment compensation benefit reserve fund      4,408        

balance shall be added to the unemployment trust fund balance in   4,410        

determining the minimum safe level tax to be imposed pursuant to   4,411        

division (B) of this section and shall be included in the          4,413        

mutualized account balance for the purpose of determining the      4,414        

mutualized contribution rate pursuant to division (B)(5) of this   4,415        

section.                                                                        

      (I)  All income earned on moneys in the unemployment         4,417        

compensation benefit reserve fund from the investment of the fund  4,419        

by the treasurer of state shall accrue to the department of job    4,421        

and family services automation administration fund, which is       4,422        

hereby established in the state treasury.  Moneys within the       4,423        

automation administration fund shall be used to meet the costs     4,425        

                                                          104    


                                                                 
related to automation of the department and the administrative     4,426        

costs related to collecting and accounting for unemployment        4,427        

compensation benefit reserve fund revenue.  Any funds remaining    4,428        

in the automation administration fund upon completion of the       4,429        

department's automation projects that are funded by that fund      4,431        

shall be deposited into the unemployment trust fund established    4,432        

pursuant to section 4141.09 of the Revised Code.                   4,433        

      (J)  The director shall prepare and submit monthly reports   4,436        

to the unemployment compensation advisory commission with respect  4,437        

to the status of efforts to collect and account for unemployment   4,438        

compensation benefit reserve fund revenue and the costs related    4,439        

to collecting and accounting for that revenue.  The director       4,440        

shall obtain approval from the unemployment compensation advisory  4,441        

commission for expenditure of funds from the department of job     4,443        

and family services automation administration fund.  Funds may be  4,444        

approved for expenditure for purposes set forth in division (I)    4,445        

of this section only to the extent that federal or other funds     4,447        

are not available.                                                              

      Sec. 4141.28.  (A)  Applications for determination of        4,456        

benefit rights and claims for benefits shall be filed with a       4,457        

deputy of the director of job and family services designated for   4,459        

the purpose.  Such applications and claims may also be filed with  4,460        

an employee of another state or federal agency charged with the    4,461        

duty of accepting applications and claims for unemployment                      

benefits or with an employee of the unemployment insurance         4,462        

commission of Canada.                                              4,463        

      When a former employee of a state agency, board, or          4,465        

commission that has terminated its operations files an             4,466        

application under this division, the former employee shall give    4,467        

notice that the agency, board, or commission has terminated its    4,468        

operations.  All notices or information required to be sent under  4,469        

this chapter to or furnished by the applicant's employer shall be  4,470        

sent to or furnished by the director of administrative services.   4,471        

      (B)(1)  When an unemployed individual files an application   4,473        

                                                          105    


                                                                 
for determination of benefit rights, the director of job and       4,475        

family services shall furnish the individual with the information  4,476        

specified in division (A) of section 4141.321 of the Revised Code  4,477        

and with a pamphlet giving instructions for the steps an           4,479        

applicant may take if the applicant's claim for benefits is        4,480        

disallowed.  The pamphlet INSTRUCTIONS shall state the             4,481        

applicant's right of appeal, clearly describe the different        4,483        

levels of appeal, and explain where and when each appeal must be   4,484        

filed.  In filing an application, the individual shall, for the    4,485        

individual's most recent employment, furnish the director with     4,486        

either:                                                                         

      (a)  The information furnished by the employer as provided   4,488        

for in division (B)(2) of this section;                            4,489        

      (b)  The name and address of the employer for whom the       4,491        

individual performed services and the individual's written         4,492        

statement of the reason for separation from the employer.          4,493        

      Where the claimant has furnished information in accordance   4,495        

with division (B)(1)(b) of this section, the director shall        4,496        

promptly send a notice in writing that such filing has been made   4,497        

to the individual's most recent separating employer, which notice  4,498        

shall request from the employer the reason for the individual's    4,499        

unemployment, EXCEPT WHEN NOTICE IS NOT REQUIRED, AS SPECIFIED IN  4,500        

DIVISION (B)(5) OF THIS SECTION.  The director also may request    4,503        

from any base period employer information necessary for the        4,504        

determination of the claimant's rights to benefits.  Information   4,505        

as to the reason for unemployment preceding an additional claim    4,507        

shall be obtained in the same manner.  Requests                                 

      REQUESTS for such information shall be dated by the          4,510        

director with the date on which they are mailed.  If the employer  4,511        

fails to mail or deliver such information within ten working days  4,512        

from the date the director mailed and dated such request, and if   4,514        

necessary to assure prompt payment of benefits when due, the       4,515        

director shall make the determination, and shall base the          4,517        

determination on such information as is available to the                        

                                                          106    


                                                                 
director, which shall include the claimant's statement made under  4,519        

division (B)(1)(b) of this section.  The                           4,520        

      THE determination, as it relates to the claimant's           4,523        

determination of benefit rights, shall be amended upon receipt of  4,524        

correct remuneration information at any time within the benefit    4,525        

year and any benefits paid and charged to an employer's account    4,526        

prior to the receipt of such information shall be adjusted,        4,527        

effective as of the beginning of the claimant's benefit year.      4,528        

      (2)  An employer who separates within any seven-day period   4,530        

fifty or more individuals because of lack of work, and these       4,531        

individuals upon separation will be unemployed as defined in       4,532        

division (R) of section 4141.01 of the Revised Code, shall         4,533        

furnish notice to the director of the dates of separation and the  4,535        

approximate number of individuals being separated.  The notice     4,536        

shall be furnished at least three working days prior to the date   4,537        

of the first day of such separations.  In addition, at the time    4,538        

of separation the employer shall furnish to the individual being   4,539        

separated or to the director separation information necessary to   4,540        

determine the individual's eligibility, on forms and in a manner   4,541        

approved by the director.                                                       

      An employer who operates multiple business establishments    4,543        

at which both the effective authority for hiring and separation    4,544        

of employees and payroll information is located and who, because   4,545        

of lack of work, separates a total of fifty or more individuals    4,546        

at two or more business establishments is exempt from the first    4,547        

paragraph of division (B)(2) of this section.  This paragraph      4,548        

shall not be construed to relieve an employer who operates         4,549        

multiple business establishments from complying with division      4,550        

(B)(2) of this section where the employer separates fifty or more  4,551        

individuals at any business establishment within a seven-day       4,552        

period.                                                            4,553        

      An employer of individuals engaged in connection with the    4,555        

commercial canning or commercial freezing of fruits and            4,556        

vegetables is exempt from the provision of division (B)(2) of      4,557        

                                                          107    


                                                                 
this section that requires an employer to furnish notice of        4,558        

separation at least three working days prior to the date of the    4,559        

first day of such separations.                                     4,560        

      (3)  Where an individual at the time of filing an            4,562        

application for determination of benefit rights furnishes          4,563        

separation information provided by the employer or where the       4,564        

employer has provided the director with the information in         4,565        

accordance with division (B)(2) of this section, the director      4,567        

shall make a determination of eligibility on the basis of the      4,568        

information furnished.  The director shall promptly notify all     4,569        

interested parties under division (D)(1) of this section of the    4,570        

determination.                                                                  

      (4)  Where an employer has furnished separation information  4,572        

under division (B)(2) of this section which is insufficient to     4,573        

enable the director to make a determination of a claim for         4,574        

benefits of an individual, or where the individual fails at the    4,575        

time of filing an application for determination of benefit rights  4,576        

to produce the separation information furnished by an employer,    4,577        

the director shall follow the provisions specified in division     4,579        

(B)(1) of this section.                                                         

      (5)  THE ADMINISTRATOR NEED NOT SEND THE NOTICE REQUIRED     4,581        

UNDER DIVISION (B)(1) OF THIS SECTION IF ANY OF THE FOLLOWING IS   4,582        

TRUE WITH RESPECT TO AN INDIVIDUAL'S APPLICATION FOR               4,583        

DETERMINATION OF BENEFIT RIGHTS:                                   4,584        

      (a)  THE ADMINISTRATOR IS PROHIBITED BY LAW FROM REVISING A  4,586        

PREVIOUS DETERMINATION CONCERNING WHETHER THE INDIVIDUAL MAY BE    4,587        

DISQUALIFIED FROM RECEIVING BENEFITS;                              4,588        

      (b)  THE INDIVIDUAL'S EMPLOYER INDICATES TO THE              4,590        

ADMINISTRATOR THAT THE NOTICE IS NOT NEEDED;                       4,591        

      (c)  THE INDIVIDUAL'S SEPARATION IS ONE AMONG FIFTY OR MORE  4,593        

INDIVIDUALS SEPARATED BY THE SAME EMPLOYER DUE TO A LACK OF WORK,  4,594        

THE ADMINISTRATOR RECEIVED INFORMATION REGARDING THE SEPARATIONS   4,596        

PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AND THE REASON FOR    4,597        

THE SEPARATION IS NOT DISPUTED.                                                 

                                                          108    


                                                                 
      (C)  The director shall promptly examine any application     4,600        

for determination of benefit rights filed, and on the basis of     4,601        

any facts found by the director shall determine whether or not     4,602        

the application is valid, and if valid, the date on which the      4,603        

benefit year shall commence and the weekly benefit amount.  The    4,604        

claimant, the most recent employer, and any other employer in the  4,605        

claimant's base period shall promptly be notified of the           4,606        

determination and the reasons therefor.  In addition, the          4,607        

determination issued to the claimant shall include the total       4,608        

amount of benefits payable, and the determination issued to each   4,609        

chargeable base period employer shall include the total amount of  4,610        

benefits which may be charged to the employer's account.           4,611        

      (D)(1)  The director shall examine the first claim for       4,614        

benefits filed in any benefit year, and any additional claim, and  4,615        

on the basis of any facts found by the director shall determine    4,616        

whether division (D) of section 4141.29 of the Revised Code is     4,617        

applicable to the claimant's most recent separation and, to the    4,618        

extent necessary, prior separations from work, and whether the     4,619        

separation reason is qualifying or disqualifying for the ensuing   4,620        

period of unemployment.  Notice of such determination shall be     4,621        

mailed to the claimant, the claimant's most recent separating      4,622        

employer, and any other employer involved in the determination.    4,623        

      (a)  Whenever the director has reason to believe that the    4,626        

unemployment of twenty-five or more individuals relates to a                    

labor dispute, the director, within five calendar days after       4,628        

their claims are filed, shall schedule a hearing concerning the                 

reason for unemployment.  Notice of the hearing shall be sent to   4,629        

all interested parties, including the duly authorized              4,630        

representative of the parties, as provided in division (D)(1) of   4,631        

this section.  The hearing date shall be scheduled so as to        4,632        

provide at least ten days' prior notice of the time and date of    4,633        

the hearing.  A similar hearing, in such cases, may be scheduled   4,634        

when there is a dispute as to the duration or ending date of the   4,635        

labor dispute.                                                     4,636        

                                                          109    


                                                                 
      (b)  The director shall appoint a hearing officer to         4,638        

conduct the hearing of the case under division (D)(1)(a) of this   4,639        

section.  The hearing officer is not bound by common law or        4,640        

statutory rules of evidence or by technical or formal rules of     4,641        

procedure, but shall take any steps that are reasonable and        4,642        

necessary to obtain the facts and determine whether the claimants  4,643        

are entitled to benefits under the law.  The failure of any        4,644        

interested party to appear at the hearing shall not preclude a     4,645        

decision based upon all the facts available to the hearing         4,646        

officer.  The proceeding at the hearing shall be recorded by       4,647        

mechanical means or by other means prescribed by the director.     4,649        

The record need not be transcribed unless an application for       4,650        

appeal is filed on the decision and the chairperson of the         4,651        

unemployment compensation review commission requests a transcript  4,652        

of the hearing within fourteen days after the application for      4,653        

appeal is received by the commission.  The director shall          4,654        

prescribe rules concerning the conduct of the hearings and all     4,656        

related matters and appoint an attorney to direct the operation    4,657        

of this function.                                                               

      (c)  The director shall issue the hearing officer's          4,659        

decisions and reasons therefor on the case within ten calendar     4,660        

days after the hearing.  The hearing officer's decision issued by  4,661        

the director is final unless an application for appeal is filed    4,663        

with the review commission within twenty-one days after the        4,664        

decision was mailed to all interested parties.  The director,      4,665        

within the twenty-one-day appeal period, may remove and vacate     4,667        

the decision and issue a revised determination and appeal date.    4,668        

      (d)  Upon receipt of the application for appeal, the full    4,670        

review commission shall review the director's decision and either  4,673        

schedule a further hearing on the case or disallow the                          

application.  The review commission shall review the director's    4,675        

decision within fourteen days after receipt of the decision or     4,677        

the receipt of a transcript requested under division (D)(1)(b) of  4,678        

this section, whichever is later.                                               

                                                          110    


                                                                 
      (i)  When a further hearing is granted, the commission       4,680        

shall make the director's decision and record of the case, as      4,683        

certified by the director, a part of the record and shall          4,685        

consider the director's decision and record in arriving at a       4,687        

decision on the case.  The commission's decision affirming,        4,689        

modifying, or reversing the director's decision, following the     4,691        

further appeal, shall be mailed to all interested parties within   4,692        

fourteen days after the hearing.                                   4,693        

      (ii)  A decision of the disallowance of a further appeal     4,695        

shall be mailed to all interested parties within fourteen days     4,696        

after the commission makes the decision to disallow.  The          4,697        

disallowance is deemed an affirmation of the director's decision.  4,700        

      (iii)  The time limits specified in divisions (D)(1)(a),     4,702        

(b), (c), and (d) of this section may be extended by agreement of  4,703        

all interested parties or for cause beyond the control of the      4,704        

director or the commission.                                        4,705        

      (e)  An appeal of the commission's decision issued under     4,707        

division (D)(1)(d) of this section may be taken to the court of    4,708        

common pleas as provided in division (O) of this section.          4,709        

      (f)  A labor dispute decision involving fewer than           4,711        

twenty-five individuals shall be determined under division (D)(1)  4,712        

of this section and the review commission shall determine any      4,714        

appeal from the decision pursuant to division (M) of this section  4,715        

and within the time limits provided in division (D)(1)(d) of this  4,716        

section.                                                           4,717        

      (2)  The determination of a first or additional claim,       4,719        

including the reasons therefor, shall be mailed to the claimant,   4,720        

the claimant's most recent separating employer, and any other      4,721        

employer involved in the determination.                            4,722        

      When the determination of a continued claim results in a     4,725        

disallowed claim, the director shall notify the claimant of such   4,726        

disallowance and the reasons therefor.                                          

      (3)  Where the claim for benefits is directly attributable   4,728        

to unemployment caused by a major disaster, as declared by the     4,729        

                                                          111    


                                                                 
president of the United States pursuant to the "Disaster Relief    4,730        

Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual  4,731        

filing the claim would otherwise have been eligible for disaster   4,732        

unemployment assistance under that act, then upon application by   4,733        

the employer any benefits paid on the claim shall not be charged   4,734        

to the account of the employer who would have been charged on      4,735        

such claim but instead shall be charged to the mutualized account  4,736        

described in section 4141.25 of the Revised Code, provided that    4,737        

this division is not applicable to an employer electing            4,738        

reimbursing status under section 4141.241 of the Revised Code,     4,739        

except reimbursing employers for whom benefit charges are charged  4,740        

to the mutualized account pursuant to division (D)(2) of section   4,742        

4141.24 of the Revised Code.                                       4,743        

      (4)(a)  An individual filing a new claim for unemployment    4,745        

compensation shall disclose, at the time of filing, whether or     4,746        

not the individual owes child support obligations.  In such a      4,747        

case, the director shall notify the appropriate work unit within   4,749        

the department or the local child support enforcement agency       4,750        

enforcing the obligation only if the claimant has been determined  4,751        

to be eligible for unemployment compensation.                      4,752        

      (b)  The director shall deduct and withhold from             4,754        

unemployment compensation payable to an individual who owes child  4,755        

support obligations:                                               4,756        

      (i)  Any amount required to be deducted and withheld from    4,758        

the unemployment compensation pursuant to legal process, as that   4,759        

term is defined in section 459(i)(5) of the "Social Security       4,760        

Act," as amended by the "Personal Responsibility and Work          4,761        

Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42        4,762        

U.S.C. 659, and properly served upon the director, as described    4,763        

in division (D)(4)(c) of this section; or                          4,764        

      (ii)  Where division (D)(4)(b)(i) of this section is         4,766        

inapplicable, in the amount determined pursuant to an agreement    4,767        

submitted to the director under section 454(19)(B)(i) of the       4,769        

"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,                

                                                          112    


                                                                 
by the state or local child support enforcement agency; or         4,770        

      (iii)  If neither division (D)(4)(b)(i) nor (ii) of this     4,772        

section is applicable, then in the amount specified by the         4,773        

individual.                                                        4,774        

      (c)  The director shall receive all legal process described  4,777        

in division (D)(4)(b)(i) of this section from each local child     4,778        

support enforcement agency, which legal process was issued by the  4,779        

agency under section 2301.371 of the Revised Code or otherwise     4,780        

was issued by the agency.                                          4,781        

      (d)  The amount of unemployment compensation subject to      4,783        

being withheld pursuant to division (D)(4)(b) of this section is   4,784        

that amount which remains payable to the individual after          4,785        

application of any recoupment provisions for recovery of           4,786        

overpayments and after deductions which have been made under this  4,787        

chapter for deductible income received by the individual.          4,788        

Effective for applications to establish unemployment compensation  4,789        

benefit rights filed after December 27, 1997, the amount withheld  4,790        

with respect to a week of unemployment benefits shall not exceed   4,791        

fifty per cent of the individual's weekly benefit amount as        4,792        

determined by the director.                                                     

      (e)  Any amount deducted and withheld under division         4,794        

(D)(4)(b) of this section shall be paid to the appropriate state   4,795        

or local child support enforcement agency in the following         4,796        

manner:                                                            4,797        

      (i)  The director shall determine the amounts that are to    4,800        

be deducted and withheld on a per county basis.                                 

      (ii)  For each county, the director shall forward to the     4,804        

local child support enforcement agency of the county, the amount                

determined for that county under division (D)(4)(e)(i) of this     4,807        

section for disbursement to the obligees or assignees of such      4,808        

support obligations.                                               4,809        

      (f)  Any amount deducted and withheld under division         4,811        

(D)(4)(b) of this section shall for all purposes be treated as if  4,812        

it were paid to the individual as unemployment compensation and    4,813        

                                                          113    


                                                                 
paid by the individual to the state or local child support agency  4,814        

in satisfaction of the individual's child support obligations.     4,815        

      (g)  Division (D)(4) of this section applies only if         4,817        

appropriate arrangements have been made for reimbursement by the   4,818        

state or local child support enforcement agency for the            4,819        

administrative costs incurred by the director under this section   4,821        

which are associated with or attributable to child support         4,822        

obligations being enforced by the state or local child support     4,823        

enforcement agency.                                                             

      (h)  As used in division (D)(4) of this section:             4,825        

      (i)  "Child support obligations" means only obligations      4,827        

which are being enforced pursuant to a plan described in section   4,828        

454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,    4,829        

as amended, which has been approved by the United States           4,830        

secretary of health and human services under part D of Title IV    4,831        

of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as     4,832        

amended.                                                           4,833        

      (ii)  "State child support enforcement agency" means the     4,835        

work unit within the department of job and family services, or     4,837        

the state agency of another state, designated as the single state  4,839        

agency for the administration of the program of child support      4,840        

enforcement pursuant to part D of Title IV of the "Social          4,841        

Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.           4,842        

      (iii)  "Local child support enforcement agency" means a      4,844        

child support enforcement agency or any other agency of a          4,845        

political subdivision of the state operating pursuant to a plan    4,846        

mentioned in division (D)(4)(h)(i) of this section.                4,847        

      (iv)  "Unemployment compensation" means any compensation     4,849        

payable under this chapter including amounts payable by the        4,850        

director pursuant to an agreement under any federal law providing  4,853        

for compensation, assistance, or allowances with respect to        4,854        

unemployment.                                                                   

      (E)(1)  Any base period or subsequent employer of a          4,856        

claimant who has knowledge of specific facts affecting such        4,857        

                                                          114    


                                                                 
claimant's right to receive benefits for any week may notify the   4,858        

director in writing of such facts.  The director shall prescribe   4,861        

a form to be used for such eligibility notice, but failure to use  4,862        

the prescribed form shall not preclude the director's examination  4,863        

of any notice.                                                                  

      (2)  An eligibility notice is timely filed if received by    4,865        

the director or postmarked prior to or within forty-five calendar  4,867        

days after the end of the week with respect to which a claim for   4,868        

benefits is filed by the claimant.  An employer who does not       4,869        

timely file an eligibility notice shall not be an interested       4,870        

party with respect to the claim for benefits which is the subject  4,871        

of the notice.                                                                  

      (3)  The director shall consider the information contained   4,874        

in the eligibility notice, together with other facts found by the  4,875        

director and, after giving notice to the claimant, shall           4,876        

determine, unless a prior determination on the same eligibility    4,877        

issue has become final, whether such claim shall be allowed or     4,878        

disallowed, and shall mail notice of such determination to the     4,880        

notifying employer who timely filed the eligibility notice, to     4,881        

the claimant, and to other interested parties.  If the             4,882        

determination disallows benefits for any week in question, the     4,883        

payment of benefits with respect to that week shall be withheld    4,885        

pending further appeal, or an overpayment order shall be issued    4,886        

by the director as prescribed in section 4141.35 of the Revised    4,887        

Code, if applicable.                                               4,888        

      (F)  In making determinations, the director shall follow     4,891        

decisions of the unemployment compensation review commission       4,892        

which have become final with respect to claimants similarly        4,893        

situated.                                                                       

      (G)(1)  Until October 1, 1998, any interested party          4,896        

notified of a determination of an application for determination    4,897        

of benefit rights or a claim for benefits may, within twenty-one   4,898        

calendar days after the notice was mailed to the party's last      4,899        

known post-office address, apply in writing for a reconsideration  4,900        

                                                          115    


                                                                 
of the director's determination.                                   4,901        

      On and after October 1, 1998, any ANY party notified of a    4,904        

determination may appeal within twenty-one calendar days after     4,905        

notice was mailed to the party's last known post-office address    4,906        

or within an extended period pursuant to division (Q)(P) of this   4,908        

section.  Upon receipt of the appeal, the director either shall    4,910        

issue a redetermination within twenty-one days of receipt or       4,911        

transfer the appeal to the commission, which shall acquire         4,912        

jurisdiction over the appeal.  If the director issues a            4,914        

redetermination, the redetermination shall void the prior          4,915        

determination.  A redetermination under this section is                         

appealable to the same extent that a determination is appealable.  4,917        

      (2)  If the director finds within the benefit year that the  4,920        

determination was erroneous due to an error in an employer's       4,921        

report other than a report to correct remuneration information as  4,922        

provided in division (B) of this section or any typographical or   4,923        

clerical error in the director's determination, the director       4,925        

shall issue a corrected determination to all interested parties,   4,927        

which determination shall take precedence over and void the prior  4,929        

determination of the director, provided no appeal has been filed   4,930        

with the commission.                                                            

      (3)  If benefits are allowed by the director in a            4,933        

determination, or in a decision by a hearing officer, the review   4,934        

commission, or a court, the benefits shall be paid promptly,       4,935        

notwithstanding any further appeal, provided that if benefits are  4,936        

denied on appeal, of which the parties have notice and an          4,937        

opportunity to be heard, the payment of benefits shall be          4,939        

withheld pending a decision on any further appeal.                 4,940        

      (4)  Any benefits paid to a claimant under this section      4,942        

prior to a final determination of the claimant's right to the      4,943        

benefits shall be charged to the employer's account as provided    4,945        

in division (D) of section 4141.24 of the Revised Code, provided   4,946        

that if there is no final determination of the claim by the        4,947        

subsequent thirtieth day of June, the employer's account will be   4,948        

                                                          116    


                                                                 
credited with the total amount of benefits which has been paid     4,949        

prior to that date, based on the determination which has not       4,950        

become final.  The total amount credited to the employer's         4,951        

account shall be charged to a suspense account which shall be      4,952        

maintained as a separate bookkeeping account and administered as   4,953        

a part of section 4141.24 of the Revised Code, and shall not be    4,954        

used in determining the account balance of the employer for the    4,955        

purpose of computing the employer's contribution rate under        4,956        

section 4141.25 of the Revised Code.  If it is finally determined  4,957        

that the claimant is entitled to all or a part of the benefits in  4,958        

dispute, the suspense account shall be credited and the            4,959        

appropriate employer's account charged with the benefits.  If it   4,960        

is finally determined that the claimant is not entitled to all or  4,961        

any portion of the benefits in dispute, the benefits shall be      4,962        

credited to the suspense account and a corresponding charge made   4,963        

to the mutualized account established in division (B) of section   4,964        

4141.25 of the Revised Code, provided that, except as otherwise    4,966        

provided in this division, if benefits are chargeable to an        4,967        

employer or group of employers who is required or elects to make   4,968        

payments to the fund in lieu of contributions under section        4,969        

4141.241 of the Revised Code, the benefits shall be charged to     4,970        

the employer's account in the manner provided in division (D) of   4,971        

section 4141.24 and division (B) of section 4141.241 of the        4,972        

Revised Code, and no part of the benefits may be charged to the    4,973        

suspense account provided in this division.  To the extent that    4,974        

benefits which have been paid to a claimant and charged to the     4,975        

employer's account are found not to be due the claimant and are    4,976        

recovered by the director as provided in section 4141.35 of the    4,977        

Revised Code, they shall be credited to the employer's account.    4,978        

      (H)  Until October 1, 1998, any interested party may appeal  4,981        

the director's decision on reconsideration to the commission and   4,982        

unless an appeal is filed from such decision on reconsideration    4,984        

with the commission within twenty-one calendar days after such     4,986        

decision was mailed to the last known post-office address of the   4,987        

                                                          117    


                                                                 
appellant, or within an extended period pursuant to division (Q)   4,988        

of this section, such decision on reconsideration is final and     4,989        

benefits shall be paid or denied in accordance therewith.  The     4,990        

date of the mailing provided by the director on determination or   4,992        

decision on reconsideration is sufficient evidence upon which to   4,993        

conclude that the determination or decision on reconsideration                  

was mailed on that date.                                           4,994        

      On and after October 1, 1998, the THE date of the mailing    4,997        

provided by the director on the determination or redetermination   4,998        

is sufficient evidence upon which to conclude that the             4,999        

determination or redetermination was mailed on that date.          5,000        

      (I)  Appeals may be filed with the director, commission,     5,003        

with an employee of another state or federal agency charged with   5,005        

the duty of accepting claims, or with the unemployment insurance   5,007        

commission of Canada.                                                           

      (1)  Any timely written notice that the interested party     5,010        

desires to appeal shall be accepted.                                            

      (2)  The director, commission, or authorized agent must      5,012        

receive the appeal within the specified appeal period in order     5,014        

for the appeal to be deemed timely filed, except that:             5,015        

      (a)  If the United States postal service is used as the      5,017        

means of delivery, the enclosing envelope must have a postmark     5,018        

date, as governed by United States postal regulations, that is on  5,019        

or before the last day of the specified appeal period; and         5,020        

      (b)  Where the postmark date is illegible or missing, the    5,022        

appeal is timely filed if received no later than the end of the    5,024        

third calendar day following the last day of the specified appeal  5,025        

period.                                                                         

      (3)  The director may adopt rules pertaining to alternate    5,027        

methods of filing appeals.                                         5,028        

      (J)  When an appeal from a determination of the director is  5,032        

taken to the commission at the hearing officer level, all          5,033        

interested parties shall be notified and the commission, after     5,036        

affording such parties reasonable opportunity for a fair hearing,  5,037        

                                                          118    


                                                                 
shall affirm, modify, or reverse the determination of the          5,039        

director in the manner that appears just and proper.  However,     5,040        

the commission may refer a case to the director for a              5,041        

redetermination if the commission decides that the case does not   5,042        

require a hearing.  In the conduct of a hearing by a hearing       5,043        

officer or any other hearing on appeal to the commission which is  5,045        

provided in this section, the hearing officers are not bound by    5,047        

common law or statutory rules of evidence or by technical or       5,049        

formal rules of procedure.  The hearing officers shall take any    5,050        

steps in the hearings, consistent with the impartial discharge of  5,053        

their duties, which appear reasonable and necessary to ascertain   5,054        

the facts and determine whether the claimant is entitled to        5,055        

benefits under the law.  The hearings shall be de novo, except     5,057        

that the director's file pertaining to a case shall be included    5,059        

in the record to be considered.                                    5,060        

      The hearing officers may conduct any such hearing in person  5,064        

or by telephone.  The commission shall adopt rules which           5,066        

designate the circumstances under which hearing officers may                    

conduct a hearing by telephone, grant a party to the hearing the   5,069        

opportunity to object to a hearing by telephone, and govern the    5,070        

conduct of hearings by telephone.  An interested party whose       5,071        

hearing would be by telephone pursuant to the commission rules     5,072        

may elect to have an in-person hearing, provided that the party    5,073        

electing the in-person hearing agrees to have the hearing at the   5,074        

time and place the commission determines pursuant to rule.         5,075        

      (1)  The failure of the claimant or other interested party   5,077        

to appear at a hearing, unless the claimant or interested party    5,078        

is the appealing party, shall not preclude a decision in the       5,080        

claimant's or interested party's favor, if on the basis of all     5,081        

the information in the record, including that contained in the     5,082        

file of the director, the claimant or interested party is          5,083        

entitled to the decision.                                          5,084        

      (2)  If the party appealing fails to appear at the hearing,  5,086        

the hearing officer shall dismiss the appeal, provided that the    5,090        

                                                          119    


                                                                 
hearing officer or commission shall vacate the dismissal upon a    5,092        

showing that due notice of the hearing was not mailed to such      5,093        

party's last known address or good cause for the failure to        5,094        

appear is shown to the commission within fourteen days after the   5,097        

hearing date.  No further appeal from the decision may thereafter  5,098        

be instituted by such party.  If the other party fails to appear   5,099        

at the hearing, the hearing officer shall proceed with the         5,102        

hearing and shall issue a decision based on the evidence of        5,103        

record, including the director's file.  The commission shall       5,105        

vacate the decision upon a showing that due notice of the hearing  5,108        

was not mailed to such party's last known address or good cause    5,109        

for such party's failure to appear is shown to the commission      5,111        

within fourteen days after the hearing date.                       5,112        

      (3)  Where a party requests that a hearing be scheduled in   5,114        

the evening because the party is employed during the day, the      5,115        

commission shall schedule the hearing during such hours as the     5,118        

party is not employed.                                             5,119        

      (4)  The interested parties may waive, in writing, the       5,122        

hearing.  If the parties waive the hearing, the hearing officer    5,123        

shall issue a decision based on the evidence of record, including  5,124        

the director's file.                                               5,125        

      (K)  The proceedings at the hearing before the hearing       5,127        

officer, shall be recorded by mechanical means or otherwise as     5,130        

may be prescribed by the commission.  In the absence of further    5,131        

proceedings, the record that is made need not be transcribed.      5,133        

      (L)  All interested parties shall be notified of the         5,135        

hearing officer's decision, which shall include the reasons        5,137        

therefor.  The hearing officer's decision shall become final       5,138        

unless, within twenty-one days after the decision was mailed to    5,139        

the last known post-office address of such parties, or within an   5,140        

extended period pursuant to division (Q)(P) of this section, the   5,141        

commission on its own motion removes or transfers such claim to    5,143        

the review level, or upon a request for review that is filed by    5,145        

an interested party and is allowed by the commission.              5,147        

                                                          120    


                                                                 
      (M)  In the conduct of a hearing by the commission or a      5,150        

hearing officer at the review level, the commission and the        5,151        

hearing officers are not bound by common law or statutory rules    5,152        

of evidence or by technical or formal rules of procedure.  The     5,153        

commission and the hearing officers shall take any steps in the    5,154        

hearings, consistent with the impartial discharge of their         5,155        

duties, that appear reasonable and necessary to ascertain the      5,156        

facts and determine whether the claimant is entitled to benefits                

under the law.                                                     5,157        

      (1)  The review commission, or a hearing officer designated  5,160        

by the commission, shall consider an appeal at the review level    5,161        

under the following circumstances:                                              

      (a)  When an appeal is required to be heard initially by     5,164        

the commission pursuant to this chapter;                           5,165        

      (b)  When the commission on its own motion removes an        5,168        

appeal within twenty-one days after a hearing officer issues the   5,169        

hearing officer's decision in the case;                            5,170        

      (c)  When a hearing officer refers an appeal to the          5,173        

commission within twenty-one days after the hearing officer        5,174        

issues the hearing officer's decision in the case;                 5,175        

      (d)  When an interested party files a request for review     5,178        

with the commission within twenty-one days after the date a        5,179        

hearing officer issues the hearing officer's decision in the       5,180        

case.  The commission shall disallow the request for review if it  5,181        

is not timely filed.                                                            

      The commission may remove, and a hearing officer may refer,  5,184        

appeals involving decisions of potentially precedential value.     5,185        

      (2)  If a request for review is timely filed, the            5,187        

commission shall decide whether to allow or disallow the request   5,189        

for review.                                                                     

      If the request for review is disallowed, the commission      5,191        

shall notify all interested parties of that fact.  The             5,192        

disallowance of a request for review constitutes a final decision  5,194        

by the commission for purposes of appeal to court.  If the         5,195        

                                                          121    


                                                                 
request for review is allowed, the commission shall notify all     5,196        

interested parties of that fact, and the commission shall provide  5,197        

a reasonable period of time, as the commission defines by rule,    5,198        

in which interested parties may file a response.  After that                    

period of time, the commission, based on the record before it,     5,199        

shall do one of the following at the review level:                 5,200        

      (a)  Affirm the decision of the hearing officer;             5,203        

      (b)  Order that the case be heard or reheard by a hearing    5,206        

officer;                                                                        

      (c)  Order that the case be heard or reheard by a hearing    5,209        

officer as a potential precedential decision;                      5,210        

      (d)  Order that the decision be rewritten.                   5,213        

      (3)  The commission shall send notice to all interested      5,215        

parties when it orders a case to be heard or reheard.  The notice  5,217        

shall include the reasons for the hearing or rehearing.  If the    5,218        

commission identifies an appeal as a potentially precedential      5,219        

case, the commission shall notify the director and other           5,220        

interested parties of the special nature of the hearing.           5,221        

      (N)  Whenever the director and the chairperson of the        5,223        

review commission determine in writing and certify jointly that a  5,225        

controversy exists with respect to the proper application of this  5,226        

chapter to more than five hundred claimants similarly situated     5,227        

whose claims are pending before the director or the review         5,229        

commission or both on redetermination or appeal applied for or     5,230        

filed by three or more employers or by such claimants, the         5,232        

chairperson of the review commission shall select one such claim   5,234        

which is representative of all such claims and assign it for a     5,236        

fair hearing and decision.  Any other claimant or employer in the  5,237        

group who makes a timely request to participate in the hearing     5,238        

and decision shall be given a reasonable opportunity to            5,239        

participate as a party to the proceeding.                          5,240        

      Such joint certification by the director and the             5,242        

chairperson of the commission shall constitute a stay of further   5,244        

proceedings in the claims of all claimants similarly situated      5,245        

                                                          122    


                                                                 
until the issue or issues in controversy are adjudicated by the    5,246        

supreme court of Ohio.  At the time the decision of the            5,247        

commission is issued, the chairperson shall certify the            5,249        

commission's decision directly to the supreme court of Ohio and    5,252        

the chairperson shall file with the clerk of the supreme court a   5,254        

certified copy of the transcript of the proceedings before the     5,255        

commission pertaining to such decision.  Hearings on such issues   5,257        

shall take precedence over all other civil cases.  If upon         5,258        

hearing and consideration of such record the court decides that    5,259        

the decision of the commission is unlawful, the court shall        5,261        

reverse and vacate the decision or modify it and enter final       5,262        

judgment in accordance with such modification; otherwise such      5,263        

court shall affirm such decision.  The notice of the decision of   5,264        

the commission to the interested parties shall contain a           5,266        

certification by the chairperson of the commission that the        5,267        

decision is of great public interest and that a certified          5,269        

transcript of the record of the proceedings before the commission  5,270        

has been filed with the clerk of the supreme court as an appeal    5,272        

to the court.  Promptly upon the final judgment of the court, the  5,273        

director and the commission shall decide those claims pending      5,274        

before them where the facts are similar and shall notify all       5,276        

interested parties of such decision and the reason therefor in     5,277        

the manner provided for in this section.  Nothing in this          5,278        

division shall be construed so as to deny the right of any such    5,279        

claimant, whose claim is pending before the director on            5,280        

redetermination or before the commission, to apply for and be      5,283        

granted an opportunity for a fair hearing to show that the facts   5,284        

in the claimant's case are different from the facts in the claim   5,285        

selected as the representative claim as provided in this           5,286        

division, nor shall any such claimant be denied the right to                    

appeal the decision of the director or the commission which is     5,288        

made as a result of the decision of the court in the               5,289        

representative case.                                                            

      (O)(1)  Any interested party as defined in division (I) of   5,291        

                                                          123    


                                                                 
section 4141.01 of the Revised Code, within thirty days after      5,292        

notice of the decision of the commission was mailed to the last    5,294        

known post-office address of all interested parties, may appeal    5,295        

from the decision of the commission to the court of common pleas   5,297        

of the county where the appellant, if an employee, is resident or  5,298        

was last employed or of the county where the appellant, if an      5,299        

employer, is resident or has the principal place of business in    5,300        

this state.  The commission shall provide on its decision the      5,302        

names and addresses of all interested parties.  Such appeal shall  5,303        

be taken within such thirty days by the appellant by filing a      5,304        

notice of appeal with the clerk of the court of common pleas.      5,305        

Such filing shall be the only act required to perfect the appeal   5,306        

and vest jurisdiction in the court.  Failure of an appellant to    5,307        

take any step other than timely filing of a notice of appeal does  5,308        

not affect the validity of the appeal, but is grounds only for     5,309        

such action as the court deems appropriate, which may include      5,310        

dismissal of the appeal.  Such notice of appeal shall set forth    5,311        

the decision appealed from.  The appellant shall mail a copy of    5,312        

the notice of appeal to the commission and to all interested       5,314        

parties by certified mail to their last known post-office address  5,315        

and proof of the mailing of the notice shall be filed with the     5,316        

clerk within thirty days of filing the notice of appeal.  All      5,317        

interested parties shall be made appellees.  The commission upon   5,319        

receipt of the notice of appeal shall within thirty days file      5,320        

with the clerk a certified transcript of the record of the         5,321        

proceedings before the commission pertaining to the decision       5,323        

complained of, and mail a copy of the transcript to the            5,324        

appellant's attorney or to the appellant, if not represented by    5,325        

counsel.  The appellant shall file a statement of the assignments  5,326        

of error presented for review within sixty days of the filing of   5,327        

the notice of appeal with the court.  The appeal shall be heard    5,328        

upon such record certified by the commission.  After an appeal     5,330        

has been filed in the court, the commission may, by petition, be   5,332        

made a party to such appeal.  If the court finds that the          5,333        

                                                          124    


                                                                 
decision was unlawful, unreasonable, or against the manifest       5,334        

weight of the evidence, it shall reverse and vacate such decision  5,335        

or it may modify such decision and enter final judgment in         5,336        

accordance with such modification; otherwise such court shall      5,337        

affirm such decision.  Any interested party shall have the right   5,338        

to appeal from the decision of the court as in civil cases.        5,339        

      (2)  If an appeal is filed after the thirty-day appeal       5,341        

period established in division (O)(N)(1) of this section, the      5,342        

court of common pleas shall conduct a hearing to determine         5,344        

whether the appeal was timely filed pursuant to division (Q)(P)    5,345        

of this section.  At the hearing, additional evidence may be       5,347        

introduced and oral arguments may be presented regarding the       5,348        

timeliness of the filing of the appeal.  If the court of common    5,349        

pleas determines that the time for filing the appeal is extended   5,350        

as provided in division (Q)(P) of this section and that the        5,351        

appeal was filed within the extended time provided in that         5,353        

division, the court shall thereafter make its decision on the      5,354        

merits of the appeal.  If the court of common pleas determines     5,355        

that the time for filing the appeal may not be extended as         5,356        

provided in division (Q)(P) of this section, the court shall       5,358        

dismiss the appeal accordingly.  The determination on timeliness   5,359        

by the court of common pleas may be appealed to the court of       5,360        

appeals as in civil cases, and such appeal shall be consolidated   5,361        

with any appeal from the decision by the court of common pleas on  5,362        

the merits of the appeal.                                                       

      (P)(O)  Any appeal from a determination or redetermination   5,366        

of the director or a decision or order of the commission may be    5,369        

executed in behalf of any party or any group of claimants by an    5,370        

agent.                                                                          

      (Q)(P)  The time for filing an appeal, a request for         5,373        

review, or a court appeal under this section shall be extended as  5,376        

follows:                                                                        

      (1)  When the last day of an appeal period is a Saturday,    5,378        

Sunday, or legal holiday, the appeal period is extended to the     5,379        

                                                          125    


                                                                 
next work day after the Saturday, Sunday, or legal holiday.        5,380        

      (2)  When an interested party provides certified medical     5,382        

evidence stating that the interested party's physical condition    5,383        

or mental capacity prevented the interested party from filing an   5,385        

appeal or request for review pursuant to division (G), (H), or     5,386        

(L) of this section within the appropriate twenty-one-day period,  5,387        

the appeal period is extended to twenty-one days after the end of  5,388        

the physical or mental condition and the appeal, or request for    5,390        

review is considered timely filed if filed within that extended    5,392        

period.                                                                         

      (3)  When an interested party provides evidence, which       5,394        

evidence may consist of testimony from the interested party, that  5,395        

is sufficient to establish that the party did not actually         5,396        

receive the determination or decision within the applicable        5,398        

appeal period pursuant to division (G), (H), or (L) of this        5,399        

section, and the director or the commission finds that the         5,400        

interested party did not actually receive the determination or     5,402        

decision within the applicable appeal period, then the appeal      5,403        

period is extended to twenty-one days after the interested party   5,404        

actually receives the determination or decision.                   5,405        

      (4)  When an interested party provides evidence, which       5,407        

evidence may consist of testimony from the interested party, that  5,408        

is sufficient to establish that the party did not actually         5,409        

receive a decision within the thirty-day appeal period provided    5,410        

in division (O)(N)(1) of this section, and a court of common       5,411        

pleas finds that the interested party did not actually receive     5,413        

the decision within that thirty-day appeal period, then the        5,414        

appeal period is extended to thirty days after the interested      5,415        

party actually receives the decision.                              5,416        

      (R)(Q)  No finding of fact or law, decision, or order of     5,418        

the director, hearing officer, or the review commission, or a      5,420        

reviewing court pursuant to this section, shall be given           5,422        

collateral estoppel or res judicata effect in any separate or      5,423        

subsequent judicial, administrative, or arbitration proceeding,    5,424        

                                                          126    


                                                                 
other than a proceeding arising under this chapter.                5,425        

      Sec. 4141.281.  (A)  WHENEVER THE DIRECTOR OF JOB AND        5,428        

FAMILY SERVICES HAS REASON TO BELIEVE THAT THE UNEMPLOYMENT OF     5,430        

TWENTY-FIVE OR MORE INDIVIDUALS RELATES TO A LABOR DISPUTE, THE    5,431        

DIRECTOR, WITHIN FIVE CALENDAR DAYS AFTER THEIR CLAIMS ARE FILED,  5,432        

SHALL SCHEDULE A HEARING CONCERNING THE REASON FOR UNEMPLOYMENT.   5,433        

NOTICE OF THE HEARING SHALL BE SENT TO ALL INTERESTED PARTIES,     5,434        

INCLUDING THE DULY AUTHORIZED REPRESENTATIVE OF THE PARTIES, AS    5,435        

PROVIDED IN DIVISION (D)(1) OF SECTION 4141.28 OF THE REVISED      5,436        

CODE.  THE HEARING DATE SHALL BE SCHEDULED SO AS TO PROVIDE AT     5,438        

LEAST TEN DAYS' PRIOR NOTICE OF THE TIME AND DATE OF THE HEARING.  5,439        

A SIMILAR HEARING, IN SUCH CASES, MAY BE SCHEDULED WHEN THERE IS   5,440        

A DISPUTE AS TO THE DURATION OR ENDING DATE OF THE LABOR DISPUTE.  5,441        

      (B)  THE DIRECTOR SHALL APPOINT A HEARING OFFICER TO         5,443        

CONDUCT THE HEARING OF THE CASE UNDER DIVISION (A) OF THIS         5,444        

SECTION.  THE HEARING OFFICER IS NOT BOUND BY COMMON LAW OR        5,445        

STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF     5,446        

PROCEDURE, BUT SHALL TAKE ANY STEPS THAT ARE REASONABLE AND        5,447        

NECESSARY TO OBTAIN THE FACTS AND DETERMINE WHETHER THE CLAIMANTS  5,448        

ARE ENTITLED TO BENEFITS UNDER THE LAW.  THE FAILURE OF ANY        5,449        

INTERESTED PARTY TO APPEAR AT THE HEARING SHALL NOT PRECLUDE A     5,450        

DECISION BASED UPON ALL THE FACTS AVAILABLE TO THE HEARING         5,451        

OFFICER.  THE PROCEEDING AT THE HEARING SHALL BE RECORDED BY       5,452        

MECHANICAL MEANS OR BY OTHER MEANS PRESCRIBED BY THE DIRECTOR.     5,454        

THE RECORD NEED NOT BE TRANSCRIBED UNLESS AN APPLICATION FOR       5,455        

APPEAL IS FILED ON THE DECISION AND THE CHAIRPERSON OF THE         5,456        

UNEMPLOYMENT COMPENSATION REVIEW COMMISSION REQUESTS A TRANSCRIPT  5,457        

OF THE HEARING WITHIN FOURTEEN DAYS AFTER THE APPLICATION FOR      5,458        

APPEAL IS RECEIVED BY THE COMMISSION.  THE DIRECTOR SHALL          5,459        

PRESCRIBE RULES CONCERNING THE CONDUCT OF THE HEARINGS AND ALL     5,461        

RELATED MATTERS AND APPOINT AN ATTORNEY TO DIRECT THE OPERATION    5,462        

OF THIS FUNCTION.                                                               

      (C)  THE DIRECTOR SHALL ISSUE THE HEARING OFFICER'S          5,464        

DECISIONS AND REASONS THEREFOR ON THE CASE WITHIN TEN CALENDAR     5,465        

                                                          127    


                                                                 
DAYS AFTER THE HEARING.  THE HEARING OFFICER'S DECISION ISSUED BY  5,466        

THE DIRECTOR IS FINAL UNLESS AN APPLICATION FOR APPEAL IS FILED    5,468        

WITH THE REVIEW COMMISSION WITHIN TWENTY-ONE DAYS AFTER THE        5,469        

DECISION WAS MAILED TO ALL INTERESTED PARTIES.  THE DIRECTOR,      5,470        

WITHIN THE TWENTY-ONE-DAY APPEAL PERIOD, MAY REMOVE AND VACATE     5,472        

THE DECISION AND ISSUE A REVISED DETERMINATION AND APPEAL DATE.    5,473        

      (D)  UPON RECEIPT OF THE APPLICATION FOR APPEAL, THE FULL    5,475        

REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S DECISION, AND THEN   5,478        

SCHEDULE A FURTHER HEARING ON THE CASE, DISALLOW THE APPLICATION   5,479        

WITHOUT FURTHER HEARING, OR MODIFY OR REVERSE THE DIRECTOR'S                    

DECISION.  THE REVIEW COMMISSION SHALL REVIEW THE DIRECTOR'S       5,482        

DECISION WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE DECISION OR     5,483        

THE RECEIPT OF A TRANSCRIPT REQUESTED UNDER DIVISION (B) OF THIS   5,484        

SECTION, WHICHEVER IS LATER.                                                    

      (1)  WHEN A FURTHER HEARING IS GRANTED, THE COMMISSION       5,486        

SHALL MAKE THE DIRECTOR'S DECISION AND RECORD OF THE CASE, AS      5,488        

CERTIFIED BY THE DIRECTOR, A PART OF THE RECORD AND SHALL          5,489        

CONSIDER THE DIRECTOR'S DECISION AND RECORD IN ARRIVING AT A       5,490        

DECISION ON THE CASE.  THE COMMISSION'S DECISION AFFIRMING,        5,492        

MODIFYING, OR REVERSING THE DIRECTOR'S DECISION, FOLLOWING THE     5,493        

FURTHER APPEAL, SHALL BE MAILED TO ALL INTERESTED PARTIES WITHIN   5,494        

FOURTEEN DAYS AFTER THE HEARING.                                   5,495        

      (2)  A DECISION TO DISALLOW A FURTHER APPEAL OR TO MODIFY    5,498        

OR REVERSE THE DIRECTOR'S DECISION SHALL BE MAILED TO ALL          5,499        

INTERESTED PARTIES WITHIN FOURTEEN DAYS AFTER THE COMMISSION       5,500        

MAKES THE DECISION.  A DISALLOWANCE IS DEEMED AN AFFIRMATION OF    5,502        

THE DIRECTOR'S DECISION.                                                        

      (3)  THE TIME LIMITS SPECIFIED IN THIS SECTION MAY BE        5,505        

EXTENDED BY AGREEMENT OF ALL INTERESTED PARTIES OR FOR CAUSE       5,506        

BEYOND THE CONTROL OF THE DIRECTOR OR THE COMMISSION.              5,507        

      (E)  AN APPEAL OF THE COMMISSION'S DECISION ISSUED UNDER     5,509        

DIVISION (D) OF THIS SECTION MAY BE TAKEN TO THE COURT OF COMMON   5,511        

PLEAS AS PROVIDED IN DIVISION (N) OF SECTION 4141.28 OF THE        5,512        

REVISED CODE.                                                                   

                                                          128    


                                                                 
      (F)  A LABOR DISPUTE DECISION INVOLVING FEWER THAN           5,514        

TWENTY-FIVE INDIVIDUALS SHALL BE DETERMINED UNDER DIVISION (D)(1)  5,515        

OF SECTION 4141.28 OF THE REVISED CODE, AND THE REVIEW COMMISSION  5,517        

SHALL DETERMINE ANY APPEAL FROM THE DECISION PURSUANT TO DIVISION  5,519        

(M) OF THAT SECTION AND WITHIN THE TIME LIMITS PROVIDED IN         5,520        

DIVISION (D) OF THIS SECTION.                                      5,521        

      Sec. 4141.282.  (A)  WHEN A CLAIM FOR UNEMPLOYMENT           5,523        

COMPENSATION IS FILED BY AN INDIVIDUAL WHO OWES CHILD SUPPORT      5,525        

OBLIGATIONS, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL NOTIFY  5,526        

THE STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY ENFORCING THE  5,527        

OBLIGATION ONLY IF THE CLAIMANT HAS BEEN DETERMINED TO BE          5,528        

ELIGIBLE FOR UNEMPLOYMENT COMPENSATION.                            5,529        

      (B)  THE DIRECTOR SHALL DEDUCT AND WITHHOLD FROM             5,531        

UNEMPLOYMENT COMPENSATION PAYABLE TO AN INDIVIDUAL WHO OWES CHILD  5,532        

SUPPORT OBLIGATIONS:                                               5,533        

      (1)  ANY AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD FROM    5,535        

THE UNEMPLOYMENT COMPENSATION PURSUANT TO LEGAL PROCESS, AS THAT   5,536        

TERM IS DEFINED IN SECTION 459(i)(5) OF THE "SOCIAL SECURITY       5,538        

ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK          5,540        

OPPORTUNITY RECONCILIATION ACT OF 1996," 100 STAT. 2105, 42        5,542        

U.S.C. 659, AND PROPERLY SERVED UPON THE DIRECTOR, AS DESCRIBED    5,543        

IN DIVISION (C) OF THIS SECTION; OR                                5,544        

      (2)  WHERE DIVISION (B)(1) OF THIS SECTION IS INAPPLICABLE,  5,547        

IN THE AMOUNT DETERMINED PURSUANT TO AN AGREEMENT SUBMITTED TO     5,548        

THE DIRECTOR UNDER SECTION 454(19)(B)(i) OF THE "SOCIAL SECURITY   5,550        

ACT," 88 STAT. 2351, 42 U.S.C. 654, AS AMENDED, BY THE STATE OR    5,552        

LOCAL CHILD SUPPORT ENFORCEMENT AGENCY; OR                                      

      (3)  IF NEITHER DIVISION (B)(1) NOR (2) OF THIS SECTION IS   5,555        

APPLICABLE, THEN IN THE AMOUNT SPECIFIED BY THE INDIVIDUAL.        5,556        

      (C)  THE DIRECTOR SHALL RECEIVE ALL LEGAL PROCESS DESCRIBED  5,559        

IN DIVISION (B)(1) OF THIS SECTION FROM EACH LOCAL CHILD SUPPORT   5,560        

ENFORCEMENT AGENCY, WHICH LEGAL PROCESS WAS ISSUED BY THE AGENCY   5,562        

UNDER SECTION 2301.371 OF THE REVISED CODE OR OTHERWISE WAS        5,564        

ISSUED BY THE AGENCY.                                                           

                                                          129    


                                                                 
      (D)  THE AMOUNT OF UNEMPLOYMENT COMPENSATION SUBJECT TO      5,566        

BEING WITHHELD PURSUANT TO DIVISION (B) OF THIS SECTION IS THAT    5,568        

AMOUNT THAT REMAINS PAYABLE TO THE INDIVIDUAL AFTER APPLICATION    5,569        

OF ANY RECOUPMENT PROVISIONS FOR RECOVERY OF OVERPAYMENTS AND      5,570        

AFTER DEDUCTIONS THAT HAVE BEEN MADE UNDER THIS CHAPTER FOR        5,571        

DEDUCTIBLE INCOME RECEIVED BY THE INDIVIDUAL.                                   

      (E)  ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF  5,574        

THIS SECTION SHALL BE PAID TO THE APPROPRIATE STATE OR LOCAL       5,575        

CHILD SUPPORT ENFORCEMENT AGENCY IN THE FOLLOWING MANNER:          5,576        

      (1)  THE DIRECTOR SHALL DETERMINE THE AMOUNTS THAT ARE TO    5,579        

BE DEDUCTED AND WITHHELD ON A PER COUNTY BASIS.                                 

      (2)  FOR EACH COUNTY, THE DIRECTOR SHALL FORWARD TO THE      5,582        

LOCAL CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY, THE AMOUNT   5,583        

DETERMINED FOR THAT COUNTY UNDER DIVISION (E)(1) OF THIS SECTION   5,584        

FOR DISBURSEMENT TO THE OBLIGEES OR ASSIGNEES OF SUCH SUPPORT      5,585        

OBLIGATIONS.                                                       5,586        

      (F)  ANY AMOUNT DEDUCTED AND WITHHELD UNDER DIVISION (B) OF  5,589        

THIS SECTION SHALL FOR ALL PURPOSES BE TREATED AS IF IT WERE PAID  5,590        

TO THE INDIVIDUAL AS UNEMPLOYMENT COMPENSATION AND PAID BY THE     5,591        

INDIVIDUAL TO THE STATE OR LOCAL CHILD SUPPORT AGENCY IN           5,592        

SATISFACTION OF THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS.                     

      (G)  THIS SECTION APPLIES ONLY IF APPROPRIATE ARRANGEMENTS   5,595        

HAVE BEEN MADE FOR REIMBURSEMENT BY THE STATE OR LOCAL CHILD       5,596        

SUPPORT ENFORCEMENT AGENCY FOR THE ADMINISTRATIVE COSTS INCURRED   5,597        

BY THE DIRECTOR UNDER THIS SECTION WHICH ARE ASSOCIATED WITH OR    5,598        

ATTRIBUTABLE TO CHILD SUPPORT OBLIGATIONS BEING ENFORCED BY THE    5,599        

STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY.                   5,600        

      (H)  AS USED IN THIS SECTION:                                5,602        

      (1)  "CHILD SUPPORT OBLIGATIONS" MEANS ONLY OBLIGATIONS      5,604        

THAT ARE BEING ENFORCED PURSUANT TO A PLAN DESCRIBED IN SECTION    5,605        

454 OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 654,    5,607        

AS AMENDED, WHICH HAS BEEN APPROVED BY THE UNITED STATES           5,608        

SECRETARY OF HEALTH AND HUMAN SERVICES UNDER PART D OF TITLE IV    5,610        

OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS     5,612        

                                                          130    


                                                                 
AMENDED.                                                           5,613        

      (2)  "STATE CHILD SUPPORT ENFORCEMENT AGENCY" MEANS THE      5,615        

WORK UNIT WITHIN THE DEPARTMENT OF JOB AND FAMILY SERVICES, OR     5,617        

THE STATE AGENCY OF ANOTHER STATE, DESIGNATED AS THE SINGLE STATE  5,619        

AGENCY FOR THE ADMINISTRATION OF THE PROGRAM OF CHILD SUPPORT      5,620        

ENFORCEMENT PURSUANT TO PART D OF TITLE IV OF THE "SOCIAL          5,622        

SECURITY ACT," 88 STAT. 2351, 42 U.S.C. 651, AS AMENDED.           5,624        

      (3)  "LOCAL CHILD SUPPORT ENFORCEMENT AGENCY" MEANS A CHILD  5,627        

SUPPORT ENFORCEMENT AGENCY OR ANY OTHER AGENCY OF A POLITICAL                   

SUBDIVISION OF THE STATE OPERATING PURSUANT TO A PLAN MENTIONED    5,628        

IN DIVISION (H)(1) OF THIS SECTION.                                5,629        

      (4)  "UNEMPLOYMENT COMPENSATION" MEANS ANY COMPENSATION      5,631        

PAYABLE UNDER THIS CHAPTER INCLUDING AMOUNTS PAYABLE BY THE        5,632        

DIRECTOR PURSUANT TO AN AGREEMENT UNDER ANY FEDERAL LAW PROVIDING  5,634        

FOR COMPENSATION, ASSISTANCE, OR ALLOWANCES WITH RESPECT TO        5,635        

UNEMPLOYMENT.                                                                   

      Sec. 4141.283.  WHERE A CLAIM FOR BENEFITS IS DIRECTLY       5,637        

ATTRIBUTABLE TO UNEMPLOYMENT CAUSED BY A MAJOR DISASTER, AS        5,638        

DECLARED BY THE PRESIDENT OF THE UNITED STATES PURSUANT TO THE     5,640        

"DISASTER RELIEF ACT OF 1970," 84 STAT. 1745, 42 U.S.C.A. 4402,    5,641        

AND THE INDIVIDUAL FILING THE CLAIM WOULD OTHERWISE HAVE BEEN      5,643        

ELIGIBLE FOR DISASTER UNEMPLOYMENT ASSISTANCE UNDER THAT ACT,      5,644        

THEN UPON APPLICATION BY THE EMPLOYER, ANY BENEFITS PAID ON THE    5,645        

CLAIM SHALL NOT BE CHARGED TO THE ACCOUNT OF THE EMPLOYER WHO      5,646        

WOULD HAVE BEEN CHARGED ON THAT CLAIM BUT INSTEAD SHALL BE         5,647        

CHARGED TO THE MUTUALIZED ACCOUNT DESCRIBED IN SECTION 4141.25 OF  5,648        

THE REVISED CODE, PROVIDED THAT THIS DIVISION IS NOT APPLICABLE    5,650        

TO AN EMPLOYER ELECTING REIMBURSING STATUS UNDER SECTION 4141.241  5,651        

OF THE REVISED CODE, EXCEPT REIMBURSING EMPLOYERS FOR WHOM         5,653        

BENEFIT CHARGES ARE CHARGED TO THE MUTUALIZED ACCOUNT PURSUANT TO  5,654        

DIVISION (D)(2) OF SECTION 4141.24 OF THE REVISED CODE.            5,656        

      Sec. 4141.29.  Each eligible individual shall receive        5,665        

benefits as compensation for loss of remuneration due to           5,666        

involuntary total or partial unemployment in the amounts and       5,667        

                                                          131    


                                                                 
subject to the conditions stipulated in this chapter.              5,668        

      (A)  No individual is entitled to a waiting period or        5,670        

benefits for any week unless the individual:                       5,671        

      (1)  Has filed a valid application for determination of      5,673        

benefit rights in accordance with section 4141.28 of the Revised   5,674        

Code;                                                              5,675        

      (2)  Has made a claim for benefits in accordance with        5,677        

section 4141.28 of the Revised Code;                               5,678        

      (3)  Has registered at an employment office or other         5,680        

registration place maintained or designated by the director of     5,682        

job and family services.  Registration shall be made in            5,684        

accordance with the time limits, frequency, and manner prescribed  5,685        

by the director.                                                                

      (4)(a)  Is able to work and available for suitable work and  5,687        

is actively seeking suitable work either in a locality in which    5,688        

the individual has earned wages subject to this chapter during     5,690        

the individual's base period, or if the individual leaves that     5,691        

locality, then in a locality where suitable work normally is       5,693        

performed.                                                                      

      The director may waive the requirement that a claimant be    5,697        

actively seeking work when the director finds that an individual   5,699        

has been laid off and the employer who laid the individual off     5,700        

has notified the director within ten days after the layoff, that   5,702        

work is expected to be available for the individual within a       5,704        

specified number of days not to exceed forty-five calendar days    5,705        

following the last day the individual worked.  In the event the    5,706        

individual is not recalled within the specified period, this       5,707        

waiver shall cease to be operative with respect to that layoff.    5,709        

      (b)  The individual shall be instructed as to the efforts    5,711        

that the individual must make in the search for suitable work,     5,713        

except where the active search for work requirement has been       5,714        

waived under division (A)(4)(a) of this section, and shall keep a  5,715        

record of where and when the individual has sought work in         5,716        

complying with those instructions and, upon request, shall         5,718        

                                                          132    


                                                                 
produce that record for examination by the director.               5,720        

      (c)  An individual who is attending a training course        5,722        

approved by the director meets the requirement of this division,   5,725        

if attendance was recommended by the director and the individual   5,727        

is regularly attending the course and is making satisfactory       5,728        

progress.  An individual also meets the requirements of this       5,729        

division if the individual is participating and advancing in a     5,731        

training program, as defined in division (P) of section 5709.61    5,732        

of the Revised Code, and if an enterprise, defined in division     5,733        

(B) of section 5709.61 of the Revised Code, is paying all or part  5,734        

of the cost of the individual's participation in the training      5,735        

program with the intention of hiring the individual for            5,736        

employment as a new employee, as defined in division (L) of        5,737        

section 5709.61 of the Revised Code, for at least ninety days      5,738        

after the individual's completion of the training program.         5,739        

      (d)  An individual who becomes unemployed while attending a  5,741        

regularly established school and whose base period qualifying      5,742        

weeks were earned in whole or in part while attending that         5,743        

school, meets the availability and active search for work          5,744        

requirements of division (A)(4)(a) of this section if the          5,745        

individual regularly attends the school during weeks with respect  5,746        

to which the individual claims unemployment benefits and makes     5,747        

self available on any shift of hours for suitable employment with  5,750        

the individual's most recent employer or any other employer in     5,751        

the individual's base period, or for any other suitable            5,752        

employment to which the individual is directed, under this         5,754        

chapter.                                                                        

      (e)  The director shall adopt any rules that the director    5,757        

deems necessary for the administration of division (A)(4) of this  5,758        

section.                                                           5,759        

      (f)  Notwithstanding any other provisions of this section,   5,761        

no otherwise eligible individual shall be denied benefits for any  5,762        

week because the individual is in training approved under section  5,764        

236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.   5,765        

                                                          133    


                                                                 
2296, nor shall that individual be denied benefits by reason of    5,767        

leaving work to enter such training, provided the work left is     5,768        

not suitable employment, or because of the application to any      5,769        

week in training of provisions in this chapter, or any applicable  5,770        

federal unemployment compensation law, relating to availability    5,771        

for work, active search for work, or refusal to accept work.       5,772        

      For the purposes of division (A)(4)(f) of this section,      5,774        

"suitable employment" means with respect to an individual, work    5,775        

of a substantially equal or higher skill level than the            5,776        

individual's past adversely affected employment, as defined for    5,777        

the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19         5,778        

U.S.C.A. 2101, and wages for such work at not less than eighty     5,779        

per cent of the individual's average weekly wage as determined     5,780        

for the purposes of that federal act.                              5,781        

      (5)  Is unable to obtain suitable work.  AN INDIVIDUAL WHO   5,784        

IS PROVIDED TEMPORARY WORK ASSIGNMENTS BY THE INDIVIDUAL'S         5,785        

EMPLOYER UNDER AGREED TERMS AND CONDITIONS OF EMPLOYMENT, AND WHO  5,786        

IS REQUIRED PURSUANT TO THOSE TERMS AND CONDITIONS TO INQUIRE      5,787        

WITH THE INDIVIDUAL'S EMPLOYER FOR AVAILABLE WORK ASSIGNMENTS      5,788        

UPON THE CONCLUSION OF EACH WORK ASSIGNMENT, IS NOT CONSIDERED     5,789        

UNABLE TO OBTAIN SUITABLE EMPLOYMENT IF SUITABLE WORK ASSIGNMENTS  5,790        

ARE AVAILABLE WITH THE EMPLOYER BUT THE INDIVIDUAL FAILS TO        5,791        

CONTACT THE EMPLOYER TO INQUIRE ABOUT WORK ASSIGNMENTS.            5,792        

      (6)  Participates in reemployment services, such as job      5,794        

search assistance services, if the individual has been determined  5,795        

to be likely to exhaust benefits under this chapter, including     5,796        

compensation payable pursuant to 5 U.S.C.A. Chapter 85, other      5,797        

than extended compensation, and needs reemployment services        5,798        

pursuant to the profiling system established by the director       5,800        

under division (K) of this section, unless the director            5,802        

determines that:                                                   5,803        

      (a)  The individual has completed such services; or          5,805        

      (b)  There is justifiable cause for the claimant's failure   5,807        

to participate in such services.                                   5,808        

                                                          134    


                                                                 
      (B)  An individual suffering total or partial unemployment   5,810        

is eligible for benefits for unemployment occurring subsequent to  5,811        

a waiting period of one week and no benefits shall be payable      5,812        

during this required waiting period, but no more than one week of  5,813        

waiting period shall be required of any such individual in any     5,814        

benefit year in order to establish the individual's eligibility    5,816        

for total or partial unemployment benefits.                        5,817        

      (C)  The waiting period for total or partial unemployment    5,819        

shall commence on the first day of the first week with respect to  5,820        

which the individual first files a claim for benefits at an        5,821        

employment office or other place of registration maintained or     5,822        

designated by the director or on the first day of the first week   5,825        

with respect to which the individual has otherwise filed a claim   5,826        

for benefits in accordance with the rules of the department of     5,828        

job and family services, provided such claim is allowed by the     5,829        

director.                                                                       

      (D)  Notwithstanding division (A) of this section, no        5,831        

individual may serve a waiting period or be paid benefits under    5,832        

the following conditions:                                          5,833        

      (1)  For any week with respect to which the director finds   5,837        

that:                                                                           

      (a)  The individual's unemployment was due to a labor        5,839        

dispute other than a lockout at any factory, establishment, or     5,841        

other premises located in this or any other state and owned or     5,842        

operated by the employer by which the individual is or was last    5,843        

employed; and for so long as the individual's unemployment is due  5,845        

to such labor dispute.  No individual shall be disqualified under  5,847        

this provision if either of the following applies:                 5,848        

      (i)  The individual's employment was with such employer at   5,850        

any factory, establishment, or premises located in this state,     5,852        

owned or operated by such employer, other than the factory,        5,853        

establishment, or premises at which the labor dispute exists, if   5,854        

it is shown that the individual is not financing, participating    5,855        

in, or directly interested in such labor dispute;                  5,857        

                                                          135    


                                                                 
      (ii)  The individual's employment was with an employer not   5,859        

involved in the labor dispute but whose place of business was      5,861        

located within the same premises as the employer engaged in the    5,862        

dispute, unless the individual's employer is a wholly owned        5,863        

subsidiary of the employer engaged in the dispute, or unless the   5,865        

individual actively participates in or voluntarily stops work      5,867        

because of such dispute.  If it is established that the claimant   5,868        

was laid off for an indefinite period and not recalled to work     5,869        

prior to the dispute, or was separated by the employer prior to    5,870        

the dispute for reasons other than the labor dispute, or that the  5,871        

individual obtained a bona fide job with another employer while    5,873        

the dispute was still in progress, such labor dispute shall not    5,874        

render the employee ineligible for benefits.                       5,875        

      (b)  The individual has been given a disciplinary layoff     5,877        

for misconduct in connection with the individual's work.           5,879        

      (2)  For the duration of the individual's unemployment if    5,881        

the director finds that:                                           5,883        

      (a)  The individual quit work without just cause or has      5,886        

been discharged for just cause in connection with the              5,887        

individual's work, provided division (D)(2) of this section does   5,889        

not apply to the separation of a person under any of the           5,890        

following circumstances:                                                        

      (i)  Separation from employment for the purpose of entering  5,892        

the armed forces of the United States if the individual makes      5,893        

application to enter, or is inducted into the armed forces within  5,895        

thirty days after such separation;                                 5,897        

      (ii)  Separation from employment pursuant to a               5,899        

labor-management contract or agreement, or pursuant to an          5,900        

established employer plan, program, or policy, which permits the   5,901        

employee, because of lack of work, to accept a separation from     5,902        

employment;                                                                     

      (iii)  The individual has left employment to accept a        5,905        

recall from a prior employer or, except as provided in division    5,906        

(D)(2)(a)(iv) of this section, to accept other employment as       5,908        

                                                          136    


                                                                 
provided under section 4141.291 of the Revised Code, or left or    5,909        

was separated from employment that was concurrent employment at    5,910        

the time of the most recent separation or within six weeks prior   5,911        

to the most recent separation where the remuneration, hours, or    5,912        

other conditions of such concurrent employment were substantially  5,913        

less favorable than the individual's most recent employment and    5,914        

where such employment, if offered as new work, would be            5,915        

considered not suitable under the provisions of divisions (E) and  5,916        

(F) of this section.  Any benefits that would otherwise be         5,917        

chargeable to the account of the employer from whom an individual  5,918        

has left employment or was separated from employment that was      5,919        

concurrent employment under conditions described in division       5,920        

(D)(2)(a)(iii) of this section, shall instead be charged to the    5,922        

mutualized account created by division (B) of section 4141.25 of   5,923        

the Revised Code, except that any benefits chargeable to the       5,924        

account of a reimbursing employer under division (D)(2)(a)(iii)    5,925        

of this section shall be charged to the account of the             5,926        

reimbursing employer and not to the mutualized account, except as  5,927        

provided in division (D)(2) of section 4141.24 of the Revised      5,928        

Code.                                                                           

      (iv)  When an individual has been issued a definite layoff   5,931        

date by the individual's employer and before the layoff date, the  5,933        

individual quits to accept other employment, the provisions of                  

division (D)(2)(a)(iii) of this section apply and no               5,935        

disqualification shall be imposed under division (D) of this       5,937        

section.  However, if the individual fails to meet the employment  5,938        

and earnings requirements of division (A)(2) of section 4141.291   5,939        

of the Revised Code, then the individual, pursuant to division     5,940        

(A)(5) of this section, shall be ineligible for benefits for any   5,941        

week of unemployment that occurs prior to the layoff date.         5,942        

      (b)  The individual has refused without good cause to        5,944        

accept an offer of suitable work when made by an employer either   5,946        

in person or to the individual's last known address, or has        5,947        

refused or failed to investigate a referral to suitable work when  5,949        

                                                          137    


                                                                 
directed to do so by a local employment office of this state or    5,950        

another state, provided that this division shall not cause a       5,951        

disqualification for a waiting week or benefits under the          5,952        

following circumstances:                                                        

      (i)  When work is offered by the individual's employer and   5,954        

the individual is not required to accept the offer pursuant to     5,956        

the terms of the labor-management contract or agreement; or        5,957        

      (ii)  When the individual is attending a vocational          5,959        

training course pursuant to division (A)(4) of this section        5,960        

except, in the event of a refusal to accept an offer of suitable   5,961        

work or a refusal or failure to investigate a referral, benefits   5,962        

thereafter paid to such individual shall not be charged to the     5,963        

account of any employer and, except as provided in division        5,964        

(B)(1)(b) of section 4141.241 of the Revised Code, shall be        5,965        

charged to the mutualized account as provided in division (B) of   5,967        

section 4141.25 of the Revised Code.                               5,968        

      (c)  Such individual quit work to marry or because of        5,970        

marital, parental, filial, or other domestic obligations.          5,971        

      (d)  The individual has knowingly made a false statement or  5,973        

representation or knowingly failed to report any material fact     5,974        

with the object of obtaining benefits to which the individual is   5,976        

not entitled.                                                      5,977        

      (e)  The individual became unemployed by reason of           5,979        

commitment to any correctional institution.                        5,981        

      (f)  The individual became unemployed because of dishonesty  5,983        

in connection with the individual's most recent or any base        5,985        

period work.  Remuneration earned in such work shall be excluded   5,986        

from the individual's total base period remuneration and           5,988        

qualifying weeks that otherwise would be credited to the           5,990        

individual for such work in the individual's base period shall     5,991        

not be credited for the purpose of determining the total benefits  5,992        

to which the individual is eligible and the weekly benefit amount  5,993        

to be paid under section 4141.30 of the Revised Code.  Such        5,994        

excluded remuneration and noncredited qualifying weeks shall be    5,995        

                                                          138    


                                                                 
excluded from the calculation of the maximum amount to be          5,996        

charged, under division (D) of section 4141.24 and section         5,997        

4141.33 of the Revised Code, against the accounts of the           5,998        

individual's base period employers.  In addition, no benefits      5,999        

shall thereafter be paid to the individual based upon such         6,000        

excluded remuneration or noncredited qualifying weeks.             6,002        

      For purposes of division (D)(2)(f) of this section,          6,004        

"dishonesty" means the commission of substantive theft, fraud, or  6,005        

deceitful acts.                                                    6,006        

      (E)  No individual otherwise qualified to receive benefits   6,008        

shall lose the right to benefits by reason of a refusal to accept  6,009        

new work if:                                                       6,010        

      (1)  As a condition of being so employed the individual      6,012        

would be required to join a company union, or to resign from or    6,014        

refrain from joining any bona fide labor organization, or would    6,015        

be denied the right to retain membership in and observe the        6,016        

lawful rules of any such organization.                             6,017        

      (2)  The position offered is vacant due directly to a        6,019        

strike, lockout, or other labor dispute.                           6,020        

      (3)  The work is at an unreasonable distance from the        6,022        

individual's residence, having regard to the character of the      6,024        

work the individual has been accustomed to do, and travel to the   6,026        

place of work involves expenses substantially greater than that    6,027        

required for the individual's former work, unless the expense is   6,029        

provided for.                                                                   

      (4)  The remuneration, hours, or other conditions of the     6,031        

work offered are substantially less favorable to the individual    6,032        

than those prevailing for similar work in the locality.            6,033        

      (F)  Subject to the special exceptions contained in          6,035        

division (A)(4)(f) of this section and section 4141.301 of the     6,036        

Revised Code, in determining whether any work is suitable for a    6,037        

claimant in the administration of this chapter, the director, in   6,039        

addition to the determination required under division (E) of this  6,040        

section, shall consider the degree of risk to the claimant's       6,041        

                                                          139    


                                                                 
health, safety, and morals, the individual's physical fitness for  6,042        

the work, the individual's prior training and experience, the      6,044        

length of the individual's unemployment, the distance of the       6,045        

available work from the individual's residence, and the            6,047        

individual's prospects for obtaining local work.                   6,048        

      (G)  The "duration of unemployment" as used in this section  6,051        

means the full period of unemployment next ensuing after a         6,052        

separation from any base period or subsequent work and until an                 

individual has become reemployed in employment subject to this     6,053        

chapter, or the unemployment compensation act of another state,    6,054        

or of the United States, and until such individual has worked six  6,055        

weeks and for those weeks has earned or been paid remuneration     6,057        

equal to six times an average weekly wage of not less than:        6,058        

eighty-five dollars and ten cents per week beginning on June 26,   6,059        

1990; and beginning on and after January 1, 1992, twenty-seven     6,060        

and one-half per cent of the statewide average weekly wage as      6,061        

computed each first day of January under division (B)(3) of        6,062        

section 4141.30 of the Revised Code, rounded down to the nearest   6,063        

dollar, except for purposes of division (D)(2)(c) of this          6,064        

section, such term means the full period of unemployment next      6,065        

ensuing after a separation from such work and until such           6,066        

individual has become reemployed subject to the terms set forth    6,067        

above, and has earned wages equal to one-half of the individual's  6,069        

average weekly wage or sixty dollars, whichever is less.           6,070        

      (H)  If a claimant is disqualified under division            6,072        

(D)(2)(a), (c), or (e) of this section or found to be qualified    6,073        

under the exceptions provided in division (D)(2)(a)(i), (ii),      6,074        

(iii), or (iv) of this section or division (A)(2) of section       6,075        

4141.291 of the Revised Code, then benefits that may become        6,077        

payable to such claimant, which are chargeable to the account of   6,078        

the employer from whom the individual was separated under such     6,080        

conditions, shall be charged to the mutualized account provided    6,081        

in section 4141.25 of the Revised Code, provided that no charge    6,082        

shall be made to the mutualized account for benefits chargeable    6,083        

                                                          140    


                                                                 
to a reimbursing employer, except as provided in division (D)(2)   6,084        

of section 4141.24 of the Revised Code.  In the case of a          6,086        

reimbursing employer, the director shall refund or credit to the   6,089        

account of the reimbursing employer any over-paid benefits that    6,090        

are recovered under division (B) of section 4141.35 of the                      

Revised Code.                                                      6,091        

      (I)(1)  Benefits based on service in employment as provided  6,093        

in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised   6,094        

Code shall be payable in the same amount, on the same terms, and   6,095        

subject to the same conditions as benefits payable on the basis    6,096        

of other service subject to this chapter; except that after        6,097        

December 31, 1977:                                                 6,098        

      (a)  Benefits based on service in an instructional,          6,100        

research, or principal administrative capacity in an institution   6,101        

of higher education, as defined in division (Y) of section         6,102        

4141.01 of the Revised Code; or for an educational institution as  6,103        

defined in division (CC) of section 4141.01 of the Revised Code,   6,104        

shall not be paid to any individual for any week of unemployment   6,105        

that begins during the period between two successive academic      6,107        

years or terms, or during a similar period between two regular     6,108        

but not successive terms or during a period of paid sabbatical     6,109        

leave provided for in the individual's contract, if the            6,110        

individual performs such services in the first of those academic   6,112        

years or terms and has a contract or a reasonable assurance that   6,113        

the individual will perform services in any such capacity for any  6,114        

such institution in the second of those academic years or terms.   6,116        

      (b)  Benefits based on service for an educational            6,118        

institution or an institution of higher education in other than    6,119        

an instructional, research, or principal administrative capacity,  6,120        

shall not be paid to any individual for any week of unemployment   6,121        

which begins during the period between two successive academic     6,122        

years or terms of the employing educational institution or         6,123        

institution of higher education, provided the individual           6,124        

performed those services for the educational institution or        6,125        

                                                          141    


                                                                 
institution of higher education during the first such academic     6,126        

year or term and, there is a reasonable assurance that such        6,127        

individual will perform those services for any educational         6,128        

institution or institution of higher education in the second of    6,129        

such academic years or terms.                                      6,130        

      If compensation is denied to any individual for any week     6,132        

under division (I)(1)(b) of this section and the individual was    6,133        

not offered an opportunity to perform those services for an        6,134        

institution of higher education or for an educational institution  6,135        

for the second of such academic years or terms, the individual is  6,136        

entitled to a retroactive payment of compensation for each week    6,137        

for which the individual timely filed a claim for compensation     6,138        

and for which compensation was denied solely by reason of          6,139        

division (I)(1)(b) of this section.  An application for            6,140        

retroactive benefits shall be timely filed if received by the      6,141        

director or the director's deputy within or prior to the end of    6,144        

the fourth full calendar week after the end of the period for      6,145        

which benefits were denied because of reasonable assurance of      6,146        

employment.  The provision for the payment of retroactive          6,147        

benefits under division (I)(1)(b) of this section is applicable    6,148        

to weeks of unemployment beginning on and after November 18,       6,149        

1983.  The provisions under division (I)(1)(b) of this section     6,150        

shall be retroactive to September 5, 1982, only if, as a           6,151        

condition for full tax credit against the tax imposed by the       6,152        

"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.   6,153        

3301 to 3311, the United States secretary of labor determines      6,154        

that retroactivity is required by federal law.                     6,156        

      (c)  With respect to weeks of unemployment beginning after   6,158        

December 31, 1977, benefits shall be denied to any individual for  6,159        

any week which commences during an established and customary       6,160        

vacation period or holiday recess, if the individual performs any  6,161        

services described in divisions (I)(1)(a) and (b) of this section  6,162        

in the period immediately before the vacation period or holiday    6,163        

recess, and there is a reasonable assurance that the individual    6,164        

                                                          142    


                                                                 
will perform any such services in the period immediately           6,165        

following the vacation period or holiday recess.                   6,166        

      (d)  With respect to any services described in division      6,168        

(I)(1)(a), (b), or (c) of this section, benefits payable on the    6,169        

basis of services in any such capacity shall be denied as          6,170        

specified in division (I)(1)(a), (b), or (c) of this section to    6,171        

any individual who performs such services in an educational        6,172        

institution or institution of higher education while in the        6,173        

employ of an educational service agency.  For this purpose, the    6,174        

term "educational service agency" means a governmental agency or   6,175        

governmental entity that is established and operated exclusively   6,177        

for the purpose of providing services to one or more educational   6,178        

institutions or one or more institutions of higher education.      6,179        

      (e)  Any individual employed by a public school district or  6,181        

a county board of mental retardation shall be notified by the      6,182        

thirtieth day of April each year if the individual is not to be    6,184        

reemployed the following academic year.                            6,185        

      (2)  No disqualification will be imposed, between academic   6,187        

years or terms or during a vacation period or holiday recess       6,188        

under this division, unless the director or the director's deputy  6,190        

has received a statement in writing from the educational           6,191        

institution or institution of higher education that the claimant   6,192        

has a contract for, or a reasonable assurance of, reemployment     6,193        

for the ensuing academic year or term.                             6,194        

      (3)  If an individual has employment with an educational     6,196        

institution or an institution of higher education and employment   6,197        

with a noneducational employer, during the base period of the      6,198        

individual's benefit year, then the individual may become          6,199        

eligible for benefits during the between-term, or vacation or      6,200        

holiday recess, disqualification period, based on employment       6,201        

performed for the noneducational employer, provided that the       6,202        

employment is sufficient to qualify the individual for benefit     6,203        

rights separately from the benefit rights based on school          6,204        

employment.  The weekly benefit amount and maximum benefits        6,205        

                                                          143    


                                                                 
payable during a disqualification period shall be computed based   6,206        

solely on the nonschool employment.                                6,207        

      (J)  Benefits shall not be paid on the basis of employment   6,209        

performed by an alien, unless the alien had been lawfully          6,210        

admitted to the United States for permanent residence at the time  6,211        

the services were performed, was lawfully present for purposes of  6,212        

performing the services, or was otherwise permanently residing in  6,213        

the United States under color of law at the time the services      6,214        

were performed, under section 212(d)(5) of the "Immigration and    6,215        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:                   6,216        

      (1)  Any data or information required of individuals         6,218        

applying for benefits to determine whether benefits are not        6,219        

payable to them because of their alien status shall be uniformly   6,220        

required from all applicants for benefits.                         6,221        

      (2)  In the case of an individual whose application for      6,223        

benefits would otherwise be approved, no determination that        6,224        

benefits to the individual are not payable because of the          6,225        

individual's alien status shall be made except upon a              6,227        

preponderance of the evidence that the individual had not, in      6,228        

fact, been lawfully admitted to the United States.                 6,229        

      (K)  The director shall establish and utilize a system of    6,233        

profiling all new claimants under this chapter that:                            

      (1)  Identifies which claimants will be likely to exhaust    6,235        

regular compensation and will need job search assistance services  6,236        

to make a successful transition to new employment;                 6,237        

      (2)  Refers claimants identified pursuant to division        6,239        

(K)(1) of this section to reemployment services, such as job       6,240        

search assistance services, available under any state or federal   6,241        

law;                                                               6,242        

      (3)  Collects follow-up information relating to the          6,244        

services received by such claimants and the employment outcomes    6,245        

for such claimant's subsequent to receiving such services and      6,246        

utilizes such information in making identifications pursuant to    6,247        

division (K)(1) of this section; and                               6,248        

                                                          144    


                                                                 
      (4)  Meets such other requirements as the United States      6,250        

secretary of labor determines are appropriate.                     6,251        

      Sec. 4141.301.  (A)  As used in this section, unless the     6,260        

context clearly requires otherwise:                                6,261        

      (1)  "Extended benefit period" means a period which:         6,263        

      (a)  Begins with the third week after a week for which       6,265        

there is a state "on" indicator; and                               6,266        

      (b)  Ends with either of the following weeks, whichever      6,268        

occurs later:                                                      6,269        

      (i)  The third week after the first week for which there is  6,271        

a state "off" indicator; or                                        6,272        

      (ii)  The thirteenth consecutive week of such period.        6,274        

      Except, that no extended benefit period may begin by reason  6,276        

of a state "on" indicator before the fourteenth week following     6,277        

the end of a prior extended benefit period which was in effect     6,278        

with respect to this state.                                        6,279        

      (2)  There is a "state 'on' indicator" for this state for a  6,282        

week if the director of job and family services determines, in     6,284        

accordance with the regulations of the United States secretary of  6,285        

labor, that for the period consisting of such week and the         6,286        

immediately preceding twelve weeks, the rate of insured            6,287        

unemployment, not seasonally adjusted, under Chapter 4141. of the  6,288        

Revised Code:                                                                   

      (a)  Equaled or exceeded one hundred twenty per cent of the  6,291        

average of such rates for the corresponding thirteen-week period   6,292        

ending in each of the preceding two calendar years, and for weeks  6,293        

beginning before September 25, 1982, equaled or exceeded four per  6,294        

cent and for weeks beginning after September 25, 1982, equaled or  6,295        

exceeded five per cent;                                                         

      (b)  For weeks of unemployment beginning after December 31,  6,297        

1977, and before September 25, 1982, such rate of insured          6,298        

unemployment:                                                      6,299        

      (i)  Met the criteria set forth in division (A)(2)(a) of     6,301        

this section; or                                                   6,302        

                                                          145    


                                                                 
      (ii)  Equaled or exceeded five per cent.                     6,304        

      (c)  For weeks of unemployment beginning after September     6,306        

25, 1982, such rate of insured unemployment:                       6,307        

      (i)  Met the criteria set forth in division (A)(2)(a) of     6,309        

this section; or                                                   6,310        

      (ii)  Equaled or exceeded six per cent.                      6,312        

      (3)   A "state /'off' indicator" exists for the state for a  6,315        

week if the director determines, in accordance with the            6,317        

regulations of the United States secretary of labor, that for the  6,318        

period consisting of such week and the immediately preceding       6,319        

twelve weeks, the rate of insured unemployment, not seasonally     6,320        

adjusted, under Chapter 4141. of the Revised Code:                 6,321        

      (a)  Was less than one hundred twenty per cent of the        6,323        

average of such rates for the corresponding thirteen-week period   6,324        

ending in each of the preceding two calendar years, or for weeks   6,325        

beginning before September 25, 1982, was less than four per cent   6,326        

and for weeks beginning after September 25, 1982, was less than    6,327        

five per cent;                                                     6,328        

      (b)  For weeks of unemployment beginning after December 31,  6,330        

1977 and before September 25, 1982, such rate of insured           6,331        

unemployment:                                                      6,332        

      (i)  Was less than five per cent; and                        6,334        

      (ii)  Met the criteria set forth in division (A)(3)(a) of    6,336        

this section.                                                      6,337        

      (c)  For weeks of unemployment beginning after September     6,339        

25, 1982, such rate of insured unemployment:                       6,340        

      (i)  Was less than six per cent; and                         6,342        

      (ii)  Met the criteria set forth in division (A)(3)(a) of    6,344        

this section.                                                      6,345        

      (4)  "Rate of insured unemployment," for purposes of         6,347        

divisions (A)(2) and (3) of this section, means the percentage     6,348        

derived by dividing:                                               6,349        

      (a)  The average weekly number of individuals filing claims  6,351        

for regular compensation in this state for weeks of unemployment   6,352        

                                                          146    


                                                                 
with respect to the most recent thirteen-consecutive-week period,  6,353        

as determined by the director on the basis of the director's       6,355        

reports to the United States secretary of labor, by                6,356        

      (b)  The average monthly employment covered under Chapter    6,358        

4141. of the Revised Code, for the first four of the most recent   6,359        

six completed calendar quarters ending before the end of such      6,360        

thirteen-week period.                                              6,361        

      (5)  "Regular benefits" means benefits payable to an         6,363        

individual, as defined in division (C) of section 4141.01 of the   6,364        

Revised Code, or under any other state law, including dependents'  6,365        

allowance and benefits payable to federal civilian employees and   6,366        

to ex-servicepersons pursuant to the "Act of September 6, 1966,"   6,368        

80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and   6,369        

additional benefits as defined in division (A)(10) of this         6,370        

section.                                                           6,371        

      (6)  "Extended benefits" means benefits, including benefits  6,373        

payable to federal civilian employees and to ex-servicepersons     6,375        

pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5        6,376        

U.S.C.A. 8501, and additional benefits, payable to an individual   6,377        

under the provisions of this section for weeks of unemployment in  6,378        

the individual's eligibility period.                               6,379        

      (7)  "Eligibility period" of an individual means the period  6,381        

consisting of the weeks in the individual's benefit year which     6,383        

begin in an extended benefit period and, if the individual's       6,384        

benefit year ends within the extended benefit period, any weeks    6,386        

thereafter which begin in the period.                              6,387        

      (8)  "Exhaustee" means an individual who, with respect to    6,389        

any week of unemployment in the individual's eligibility period:   6,391        

      (a)  Has received prior to the week, all of the regular      6,393        

benefits that were available to the individual under Chapter       6,394        

4141. of the Revised Code, or any other state law, including       6,396        

dependents' allowance and benefits payable to federal civilian     6,397        

employees and ex-servicepersons under the "Act of September 6,     6,398        

1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current  6,400        

                                                          147    


                                                                 
benefit year that includes the week;                               6,402        

      (b)  Has received, prior to the week, all of the regular     6,404        

benefits that were available to the individual under this chapter  6,406        

or any other state law, including dependents' allowances and       6,407        

regular benefits available to federal civilian employees and       6,408        

ex-servicepersons under the "Act of September 6, 1966," 80 Stat.   6,410        

585, 5 U.S.C.A.  8501, in the individual's current benefit year    6,411        

that includes the week, after the cancellation of some or all of   6,413        

the individual's wage credits or the total or partial reduction    6,415        

of the individual's right to regular benefits, provided that, for  6,417        

the purposes of divisions (A)(8)(a) and (8)(b) of this section,    6,418        

an individual shall be deemed to have received in the              6,419        

individual's current benefit year all of the regular benefits      6,420        

that were either payable or available to the individual even       6,421        

though:                                                            6,422        

      (i)  As a result of a pending appeal with respect to wages   6,424        

or employment, or both, that were not included in the original     6,425        

monetary determination with respect to the individual's current    6,427        

benefit year, the individual may subsequently be determined to be  6,428        

entitled to more regular benefits, or                              6,430        

      (ii)  By reason of section 4141.33 of the Revised Code, or   6,432        

the seasonal employment provisions of another state law, the       6,433        

individual is not entitled to regular benefits with respect to     6,435        

the week of unemployment, although the individual may be entitled  6,436        

to regular benefits with respect to future weeks of unemployment   6,438        

in either the next season or off season in the individual's        6,439        

current benefit year, and the individual is otherwise an           6,441        

"exhaustee" within the meaning of this section with respect to     6,442        

the right to regular benefits under state law seasonal employment  6,444        

provisions during either the season or off season in which that    6,445        

week of unemployment occurs, or                                                 

      (iii)  Having established a benefit year, no regular         6,447        

benefits are payable to the individual during the year because     6,449        

the individual's wage credits were cancelled or the individual's   6,450        

                                                          148    


                                                                 
right to regular benefits was totally reduced as the result of     6,452        

the application of a disqualification; or                          6,453        

      (c)  The individual's benefit year having expired prior to   6,455        

the week, has no, or insufficient, wages or weeks of employment    6,457        

on the basis of which the individual could establish in any state  6,458        

a new benefit year that would include the week, or having          6,460        

established a new benefit year that includes the week, the         6,461        

individual is precluded from receiving regular benefits by reason  6,463        

of a state law which meets the requirements of section 3304        6,464        

(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26     6,465        

U.S.C.A. 3301 to 3311; and                                                      

      (i)  Has no right for the week to unemployment benefits or   6,467        

allowances, as the case may be, under the Railroad Unemployment    6,468        

Insurance Act, the Trade Act of 1974, and other federal laws as    6,469        

are specified in regulations issued by the United States           6,470        

secretary of labor; and                                            6,471        

      (ii)  Has not received and is not seeking for the week       6,473        

unemployment benefits under the unemployment compensation law of   6,474        

the Virgin Islands, prior to the day after that on which the       6,475        

secretary of labor approves the unemployment compensation law of   6,476        

the Virgin Islands, or of Canada; or if the individual is seeking  6,478        

benefits and the appropriate agency finally determines that the    6,479        

individual is not entitled to benefits under the law for the       6,481        

week.                                                                           

      (9)  "State law" means the unemployment insurance law of     6,483        

any state, approved by the United States secretary of labor under  6,484        

section 3304 of the Internal Revenue Code of 1954.                 6,485        

      (10)  "Additional benefits" means benefits totally financed  6,487        

by a state and payable to exhaustees by reason of high             6,488        

unemployment or by reason of other special factors under the       6,489        

provisions of any state law.                                       6,490        

      (B)  Except when the result would be inconsistent with the   6,492        

other provisions of this section, as provided in the regulations   6,493        

of the director, the provisions of Chapter 4141.  of the Revised   6,496        

                                                          149    


                                                                 
Code, which apply to claims for, or the payment of, regular        6,497        

benefits, shall apply to claims for, and the payment of, extended  6,498        

benefits.                                                                       

      (C)  Any individual shall be eligible to receive extended    6,500        

benefits with respect to any week of unemployment in the           6,501        

individual's eligibility period only if the director finds that,   6,504        

with respect to such week:                                         6,505        

      (1)  The individual is an "exhaustee" as defined in          6,507        

division (A)(8) of this section; and                               6,508        

      (2)  The individual has satisfied the requirements of        6,510        

Chapter 4141. of the Revised Code, for the receipt of regular      6,511        

benefits that are applicable to individuals claiming extended      6,512        

benefits, including not being subject to a disqualification for    6,513        

the receipt of benefits.                                           6,514        

      (D)  The weekly extended benefit amount payable to an        6,516        

individual for a week of total unemployment in the individual's    6,518        

eligibility period shall be the same as the weekly benefit amount  6,519        

payable to the individual during the individual's applicable       6,521        

benefit year.                                                                   

      (E)  The total extended benefit amount payable to any        6,523        

eligible individual with respect to the individual's applicable    6,525        

benefit year shall be the lesser of the following amounts:         6,526        

      (1)  Fifty per cent of the total amount of regular           6,528        

benefits, including dependents' allowances which were payable to   6,529        

the individual under Chapter 4141. of the Revised Code, in the     6,531        

individual's applicable benefit year;                              6,532        

      (2)  Thirteen times the individual's weekly benefit amount,  6,534        

including dependents' allowances, which was payable to the         6,536        

individual under Chapter 4141. of the Revised Code, for a week of  6,538        

total unemployment in the applicable benefit year; provided, that  6,539        

in making the computation under divisions (E)(1) and (2) of this   6,540        

section, any amount which is not a multiple of one dollar shall    6,541        

be rounded to the next lower multiple of one dollar.               6,542        

      (F)(1)  Except as provided in division (F)(2) of this        6,544        

                                                          150    


                                                                 
section, an individual eligible for extended benefits pursuant to  6,545        

an interstate claim filed in any state under the interstate        6,546        

benefit payment plan shall not be paid extended benefits for any   6,547        

week in which an extended benefit period is not in effect in such  6,548        

state.                                                             6,549        

      (2)  Division (F)(1) of this section does not apply with     6,551        

respect to the first two weeks for which extended compensation is  6,552        

payable to an individual, as determined without regard to this     6,553        

division, pursuant to an interstate claim filed under the          6,554        

interstate benefit payment plan from the total extended benefit    6,555        

amount payable to that individual in the individual's applicable   6,557        

benefit year.                                                                   

      (3)  Notwithstanding any other provisions of this section,   6,559        

if the benefit year of any individual ends within an extended      6,560        

benefit period, the remaining balance of extended benefits that    6,561        

the individual would, but for this section, be entitled to         6,562        

receive in that extended benefit period, with respect to weeks of  6,563        

unemployment beginning after the end of the benefit year, shall    6,564        

be reduced, but not below zero, by the product of the number of    6,565        

weeks for which the individual received any amounts as trade       6,566        

readjustment allowances within that benefit year, multiplied by    6,567        

the individual's weekly benefit amount for extended benefits.      6,568        

      (G)(1)  Whenever an extended benefit period is to become     6,570        

effective in this state, as a result of a state "on" indicator,    6,571        

or an extended benefit period is to be terminated in this state    6,572        

as a result of a state "off" indicator, the director shall make    6,575        

an appropriate public announcement.                                             

      (2)  Computations required by division (A)(4) of this        6,577        

section shall be made by the director, in accordance with the      6,580        

regulations prescribed by the United States secretary of labor.    6,581        

      (H)(1)(a)  The director shall promptly examine any           6,583        

application for extended benefits filed and, under this section,   6,584        

shall determine whether such THE application is to be allowed or   6,586        

disallowed and, if allowed, the weekly and total extended          6,587        

                                                          151    


                                                                 
benefits payable and the effective date of the application.  The   6,588        

claimant, the claimant's most recent employer, and any other       6,589        

employer in the base period of the claim upon which the extended   6,591        

benefits are based, and who was chargeable for regular benefits    6,592        

based on such claim, shall be notified of such determination.      6,593        

      (b)  The determination issued to the most recent or other    6,595        

base period employer shall include the total amount of extended    6,596        

benefits which THAT may be charged to the employer's account.      6,597        

Such potential charge amount shall be an amount equal to           6,599        

one-fourth of the regular benefits chargeable to the employer's    6,600        

account on the regular claim upon which extended benefits are      6,602        

based except that, effective January 1, 1979, the potential        6,603        

charge amount to the state and its instrumentalities and its       6,604        

political subdivisions and their instrumentalities shall be an     6,605        

amount equal to one-half of the regular benefits chargeable to     6,606        

their accounts on such claim.  If regular benefits were            6,607        

chargeable to the mutualized account, in lieu of an employer's     6,608        

account, then the extended benefits which are based on such prior  6,609        

mutualized benefits shall also be charged to the mutualized        6,610        

account.                                                                        

      (c)  As extended benefits are paid to eligible individuals:  6,612        

      (i)  One-half of such benefits will be charged to an         6,614        

extended benefit account to which reimbursement payments of        6,615        

one-half of extended benefits, received from the federal           6,616        

government as described in division (J) of this section, will be   6,617        

credited; and                                                      6,618        

      (ii)  One-half of the extended benefits shall be charged to  6,620        

the accounts of base period employers and the mutualized account   6,621        

in the same sequence PROPORTION as was provided for on the         6,622        

regular claim; or                                                  6,623        

      (iii)  The full amount of extended benefits shall be         6,625        

charged to the accounts of the state and its instrumentalities,    6,626        

and its political subdivisions and their instrumentalities.        6,627        

Employers making payments in lieu of contributions shall be        6,628        

                                                          152    


                                                                 
charged in accordance with division (B)(1) of section 4141.241 of  6,629        

the Revised Code.                                                  6,630        

      (d)  If the application for extended benefits is             6,632        

disallowed, a determination shall be issued to the claimant,       6,633        

which determination shall set forth the reasons for the            6,634        

disallowance.  Determinations issued under this division, whether  6,635        

allowed or disallowed, shall be subject to reconsideration and     6,636        

appeal in accordance with section 4141.28 of the Revised Code.     6,637        

      (2)  Any additional or continued claims, as described in     6,639        

division (F) of section 4141.01 of the Revised Code, filed by an   6,640        

individual at the beginning of, or during, the individual's        6,641        

extended benefit period shall be determined under division (D) of  6,643        

section 4141.28 of the Revised Code, and such determination shall  6,644        

be subject to reconsideration and appeal in accordance with        6,645        

section 4141.28 of the Revised Code.                               6,646        

      (I)  Notwithstanding division (B) of this section, payment   6,648        

of extended benefits under this section shall not be made to any   6,649        

individual for any week of unemployment in the individual's        6,650        

eligibility period during which the individual fails to accept     6,652        

any offer of suitable work, as defined in division (I)(2) of this  6,654        

section, or fails to apply for any suitable work to which the      6,655        

individual was referred by the director, or fails to actively      6,657        

engage in seeking work, as prescribed in division (I)(4) of this   6,658        

section.                                                                        

      (1)  If any individual is ineligible for extended benefits   6,660        

for any week by reason of a failure described in this division,    6,661        

the individual shall be ineligible to receive extended benefits    6,662        

beginning with the week in which the failure occurred and          6,663        

continuing until the individual has been employed during each of   6,664        

four subsequent weeks and the total remuneration earned by the     6,665        

individual for this employment is equal to or more than four       6,666        

times the individual's weekly extended benefit amount, and has     6,667        

met all other eligibility requirements of this section, in order   6,668        

to establish entitlement to extended benefits.                     6,669        

                                                          153    


                                                                 
      (2)  For purposes of this section, the term "suitable work"  6,671        

means, with respect to an individual, any work which is within     6,672        

the individual's capabilities, provided that with respect to the   6,673        

position all of the following requirements are met:                6,674        

      (a)  It offers the individual gross average weekly           6,676        

remuneration of more than the sum of:                              6,677        

      (i)  The individual's extended weekly benefit amount; and    6,679        

      (ii)  The amount of supplemental unemployment compensation   6,681        

benefits, as defined in section 501(c)(17)(D) of the "Internal     6,682        

Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to  6,683        

the individual for the week of unemployment.                       6,684        

      (b)  It pays equal to or more than the higher of:            6,686        

      (i)  The minimum wage provided by section 6(a)(1) of the     6,688        

"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.     6,689        

206, without regard to any exemption; or                           6,690        

      (ii)  Any applicable state or local minimum wage.            6,692        

      (c)  It is offered to the individual in writing or is        6,694        

listed with the employment office maintained or designated by the  6,695        

director.                                                          6,696        

      (3)  Extended benefits shall not be denied under this        6,698        

division to any individual for any week by reason of a failure to  6,699        

accept an offer of, or apply for suitable work if either of the    6,700        

following conditions apply:                                        6,701        

      (a)  The failure would not result in a denial of benefits    6,703        

to a regular benefit claimant under section 4141.29 of the         6,704        

Revised Code to the extent that section 4141.29 of the Revised     6,705        

Code is not inconsistent with division (I)(2) of this section;     6,706        

      (b)  The individual furnishes evidence satisfactory to the   6,708        

director that the individual's prospects for obtaining work in     6,711        

the individual's customary occupation within a reasonably short    6,712        

period are good.  If the evidence is deemed satisfactory, the      6,713        

determination as to whether any work is suitable work with         6,714        

respect to this individual and whether the individual is           6,715        

ineligible or disqualified shall be based upon the meaning of      6,716        

                                                          154    


                                                                 
"suitable work" and other provisions in section 4141.29 of the     6,717        

Revised Code.                                                                   

      (4)  For purposes of this section, an individual shall be    6,719        

treated as actively engaged in seeking work during any week if:    6,720        

      (a)  The individual has engaged in a systematic and          6,722        

sustained effort to obtain work during that week; and              6,723        

      (b)  The individual provides tangible evidence to the        6,725        

director that the individual has engaged in the effort during      6,728        

that week.                                                                      

      (5)  The director shall refer applicants for extended        6,731        

benefits to job openings that meet the requirements of divisions   6,732        

(E) and (F) of section 4141.29 of the Revised Code, and in the     6,733        

case of applicants whose prospects are determined not to be good   6,734        

under division (I)(3)(b) of this section to any suitable work      6,735        

which meets the criteria in divisions (I)(2) and (3)(a) of this    6,736        

section.                                                           6,737        

      (6)  Individuals denied extended or regular benefits under   6,739        

division (D)(1)(b) of section 4141.29 of the Revised Code because  6,740        

of being given a disciplinary layoff for misconduct must, after    6,741        

the date of disqualification, work the length of time and earn     6,742        

the amount of remuneration specified in division (I)(1) of this    6,743        

section, and meet all other eligibility requirements of this       6,744        

section, in order to establish entitlement to extended benefits.   6,745        

      (J)  All payments of extended benefits made pursuant to      6,747        

this section shall be paid out of the unemployment compensation    6,748        

fund, provided by section 4141.09 of the Revised Code, and all     6,749        

payments of the federal share of extended benefits that are        6,750        

received as reimbursements under section 204 of the                6,751        

"Federal-State Extended Unemployment Compensation Act of 1970,"    6,752        

84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such         6,753        

unemployment compensation fund and shall be credited to the        6,754        

extended benefit account established by division (G) of this       6,755        

section.  Any refund of extended benefits, because of prior        6,756        

overpayment of such benefits, may be made from the unemployment    6,757        

                                                          155    


                                                                 
compensation fund.                                                 6,758        

      (K)  In the administration of the provisions of this         6,760        

section which are enacted to conform with the requirements of the  6,761        

"Federal-State Extended Unemployment Compensation Act of 1970,"    6,762        

84 Stat. 696, 26 U.S.C.A. 3306, the director shall take such       6,764        

action consistent with state law, as may be necessary:             6,765        

      (1)  To ensure that the provisions are so interpreted and    6,767        

applied as to meet the requirements of the federal act as          6,768        

interpreted by the United States department of labor; and          6,769        

      (2)  To secure to this state the full reimbursement of the   6,771        

federal share of extended benefits paid under this section that    6,772        

are reimbursable under the federal act.                            6,773        

      Sec. 4141.43.  (A)  The director of job and family services  6,782        

may cooperate with the industrial commission, the bureau of        6,784        

workers' compensation, the United States internal revenue          6,785        

service, the United States employment service, and other similar   6,786        

departments and agencies, as determined by the director, in the    6,788        

exchange or disclosure of information as to wages, employment,     6,790        

payrolls, unemployment, and other information.  The director may   6,791        

employ, jointly with one or more of such agencies or departments,  6,793        

auditors, examiners, inspectors, and other employees necessary     6,794        

for the administration of this chapter and employment and          6,795        

training services for workers in the state.                        6,796        

      (B)  The director may make the state's record relating to    6,799        

the administration of this chapter available to the railroad                    

retirement board and may furnish the board at the board's expense  6,800        

such copies thereof as the board deems necessary for its           6,801        

purposes.                                                          6,802        

      (C)  The director may afford reasonable cooperation with     6,805        

every agency of the United States charged with the administration  6,806        

of any unemployment compensation law.                                           

      (D)  The director may enter into arrangements with the       6,808        

appropriate agencies of other states or of the United States or    6,809        

Canada whereby individuals performing services in this and other   6,810        

                                                          156    


                                                                 
states for a single employer under circumstances not specifically  6,811        

provided for in division (B) of section 4141.01 of the Revised     6,812        

Code or in similar provisions in the unemployment compensation     6,813        

laws of such other states shall be deemed to be engaged in         6,814        

employment performed entirely within this state or within one of   6,815        

such other states or within Canada, and whereby potential rights   6,816        

to benefits accumulated under the unemployment compensation laws   6,817        

of several states or under such a law of the United States, or     6,818        

both, or of Canada may constitute the basis for the payment of     6,819        

benefits through a single appropriate agency under terms that the  6,820        

director finds will be fair and reasonable as to all affected      6,822        

interests and will not result in any substantial loss to the       6,823        

unemployment compensation fund.                                                 

      (E)  The director may enter into agreements with the         6,825        

appropriate agencies of other states or of the United States or    6,826        

Canada:                                                            6,827        

      (1)  Whereby services or wages upon the basis of which an    6,829        

individual may become entitled to benefits under the unemployment  6,830        

compensation law of another state or of the United States or       6,831        

Canada shall be deemed to be employment or wages for employment    6,832        

by employers for the purposes of qualifying claimants for          6,833        

benefits under this chapter, and the director may estimate the     6,835        

number of weeks of employment represented by the wages reported    6,836        

to the director for such claimants by such other agency, provided  6,837        

such other state agency or agency of the United States or Canada   6,838        

has agreed to reimburse the unemployment compensation fund for     6,839        

such portion of benefits paid under this chapter upon the basis    6,840        

of such services or wages as the director finds will be fair and   6,842        

reasonable as to all affected interests;                                        

      (2)  Whereby the director will reimburse other state or      6,845        

federal or Canadian agencies charged with the administration of    6,846        

unemployment compensation laws with such reasonable portion of                  

benefits, paid under the law of such other states or of the        6,847        

United States or of Canada upon the basis of employment or wages   6,848        

                                                          157    


                                                                 
for employment by employers, as the director finds will be fair    6,850        

and reasonable as to all affected interests.  Reimbursements so    6,851        

payable shall be deemed to be benefits for the purpose of section  6,852        

4141.09 and division (A) of section 4141.30 of the Revised Code.   6,853        

However, no reimbursement so payable shall be charged against any  6,854        

employer's account for the purposes of section 4141.24 of the      6,855        

Revised Code if the employer's account, under the same or similar  6,856        

circumstances, with respect to benefits charged under the          6,857        

provisions of this chapter, other than this section, would not be  6,858        

charged or, if the claimant at the time the claimant files the     6,859        

combined wage claim cannot establish benefit rights under this     6,861        

chapter.  This noncharging shall not be applicable to a nonprofit               

organization that has elected to make payments in lieu of          6,863        

contributions under section 4141.241 of the Revised Code, except   6,864        

as provided in division (D)(2) of section 4141.24 of the Revised   6,866        

Code.  The director may make to other state or federal or          6,868        

Canadian agencies and receive from such other state or federal or  6,869        

Canadian agencies reimbursements from or to the unemployment       6,870        

compensation fund, in accordance with arrangements pursuant to     6,871        

this section.                                                                   

      (3)  Notwithstanding division (B)(2)(f) of section 4141.01   6,873        

of the Revised Code, the director may enter into agreements with   6,875        

other states whereby services performed for a crew leader, as      6,876        

defined in division (BB) of section 4141.01 of the Revised Code,   6,877        

may be covered in the state in which the crew leader either:       6,878        

      (a)  Has the crew leader's place of business or from which   6,881        

the crew leader's business is operated or controlled;              6,882        

      (b)  Resides if the crew leader has no place of business in  6,885        

any state.                                                         6,886        

      (F)  The director may apply for an advance to the            6,888        

unemployment compensation fund and do all things necessary or      6,889        

required to obtain such advance and arrange for the repayment of   6,890        

such advance in accordance with Title XII of the "Social Security  6,891        

Act" as amended.                                                   6,892        

                                                          158    


                                                                 
      (G)  The director may enter into reciprocal agreements or    6,895        

arrangements with the appropriate agencies of other states in                   

regard to services on vessels engaged in interstate or foreign     6,896        

commerce whereby such services for a single employer, wherever     6,897        

performed, shall be deemed performed within this state or within   6,898        

such other states.                                                 6,899        

      (H)  The director shall participate in any arrangements for  6,902        

the payment of compensation on the basis of combining an           6,903        

individual's wages and employment, covered under this chapter,     6,904        

with the individual's wages and employment covered under the       6,905        

unemployment compensation laws of other states which are approved  6,906        

by the United States secretary of labor in consultation with the   6,907        

state unemployment compensation agencies as reasonably calculated  6,908        

to assure the prompt and full payment of compensation in such      6,909        

situations and which include provisions for:                       6,910        

      (1)  Applying the base period of a single state law to a     6,912        

claim involving the combining of an individual's wages and         6,913        

employment covered under two or more state unemployment            6,914        

compensation laws, and                                             6,915        

      (2)  Avoiding the duplicate use of wages and employment by   6,917        

reason of such combining.                                          6,918        

      (I)  The director shall cooperate with the United States     6,921        

department of labor to the fullest extent consistent with this     6,922        

chapter, and shall take such action, through the adoption of                    

appropriate rules, regulations, and administrative methods and     6,923        

standards, as may be necessary to secure to this state and its     6,924        

citizens all advantages available under the provisions of the      6,925        

"Social Security Act" that relate to unemployment compensation,    6,926        

the "Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26        6,927        

U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48 Stat.    6,929        

113, 29 U.S.C.A. 49, and the "Federal-State Extended Unemployment  6,930        

Compensation Act of 1970," 84 Stat. 596, 26 U.S.C.A. 3306, AND     6,931        

THE "WORKFORCE INVESTMENT ACT OF 1998," 112 STAT. 936, 29          6,933        

U.S.C.A. 2801 ET SEQ.                                                           

                                                          159    


                                                                 
      (J)  THE DIRECTOR MAY DISCLOSE WAGE INFORMATION FURNISHED    6,935        

TO OR MAINTAINED BY THE DIRECTOR UNDER CHAPTER 4141. OF THE        6,936        

REVISED CODE TO A CONSUMER REPORTING AGENCY AS DEFINED BY THE      6,937        

"FAIR CREDIT REPORTING ACT," 84 STAT. 1128, 15 U.S.C.A. 1681a, AS  6,939        

AMENDED, FOR THE PURPOSE OF VERIFYING AN INDIVIDUAL'S INCOME       6,940        

UNDER A WRITTEN AGREEMENT THAT REQUIRES ALL OF THE FOLLOWING:      6,941        

      (1)  A WRITTEN STATEMENT OF INFORMED CONSENT FROM THE        6,943        

INDIVIDUAL WHOSE INFORMATION IS TO BE DISCLOSED;                   6,944        

      (2)  A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER        6,946        

REPORTING AGENCY AND ANY OTHER ENTITY TO WHICH THE INFORMATION IS  6,947        

DISCLOSED OR RELEASED WILL SAFEGUARD THE INFORMATION FROM ILLEGAL  6,948        

OR UNAUTHORIZED DISCLOSURE;                                                     

      (3)  A WRITTEN STATEMENT CONFIRMING THAT THE CONSUMER        6,950        

REPORTING AGENCY WILL PAY TO THE BUREAU ALL COSTS ASSOCIATED WITH  6,951        

THE DISCLOSURE.                                                                 

      THE DIRECTOR SHALL PRESCRIBE A MANNER AND FORMAT IN WHICH    6,953        

THIS INFORMATION MAY BE PROVIDED.                                  6,954        

      (K)  THE DIRECTOR SHALL ADOPT RULES DEFINING THE             6,956        

REQUIREMENTS OF THE RELEASE OF INDIVIDUAL INCOME VERIFICATION      6,957        

INFORMATION SPECIFIED IN DIVISION (J) OF THIS SECTION, WHICH       6,958        

SHALL INCLUDE ALL TERMS AND CONDITIONS NECESSARY TO MEET THE       6,959        

REQUIREMENTS OF FEDERAL LAW AS INTERPRETED BY THE UNITED STATES    6,960        

DEPARTMENT OF LABOR OR CONSIDERED NECESSARY BY THE DIRECTOR FOR    6,961        

THE PROPER ADMINISTRATION OF THIS DIVISION.                                     

      (L)  THE DIRECTOR SHALL DISCLOSE INFORMATION FURNISHED TO    6,963        

OR MAINTAINED BY THE DIRECTOR UNDER THIS CHAPTER UPON REQUEST AND  6,964        

ON A REIMBURSABLE BASIS AS REQUIRED BY SECTION 303 OF THE "SOCIAL  6,966        

SECURITY ACT," 42 U.S.C.A. 503, AND SECTION 3304 OF THE "INTERNAL  6,970        

REVENUE CODE," 26 U.S.C.A. 3304.                                   6,972        

      Sec. 5104.11.  (A)(1)  Except as provided in division        6,981        

(G)(1) of section 5104.011 of the Revised Code, after receipt of   6,982        

an application for certification from a type B family day-care     6,983        

home, the county director of job and family services shall         6,984        

inspect.  If it complies with this chapter and any applicable      6,986        

                                                          160    


                                                                 
rules adopted under this chapter, the county department shall      6,987        

certify the type B family day-care home to provide publicly        6,989        

funded child day-care pursuant to this chapter and any rules       6,990        

adopted under it.  The director of job and family services or a    6,991        

county director of job and family services may contract with a     6,993        

government entity or a private nonprofit entity for that entity    6,994        

to inspect and certify type B family day-care homes pursuant to    6,995        

this section.  The county department of job and family services,   6,997        

government entity, or nonprofit entity shall conduct the           6,998        

inspection prior to the issuance of a certificate for the type B   6,999        

home and, as part of that inspection, shall ensure that the type   7,000        

B home is safe and sanitary.  An                                                

      (2)  EXCEPT AS PROVIDED IN DIVISION (A)(3) OF THIS SECTION,  7,003        

AN authorized provider of a type B family day-care home that       7,004        

receives a certificate pursuant to this section to provide         7,005        

publicly funded child day-care is an independent contractor and    7,006        

is not an employee of the county department of job and family      7,008        

services that issues the certificate.                                           

      (3)  FOR PURPOSES OF CHAPTER 4141. OF THE REVISED CODE,      7,011        

DETERMINATIONS CONCERNING THE EMPLOYMENT OF AN AUTHORIZED          7,012        

PROVIDER OF A TYPE B FAMILY DAY-CARE HOME THAT RECEIVES A          7,013        

CERTIFICATE PURSUANT TO THIS SECTION SHALL BE DETERMINED UNDER     7,014        

CHAPTER 4141. OF THE REVISED CODE.                                 7,015        

      (B)  Every person desiring to receive certification for a    7,017        

type B family day-care home shall apply for certification to the   7,018        

county director of job and family services on such forms as the    7,020        

director of job and family services prescribes.  The county        7,021        

director shall provide at no charge to each applicant a copy of    7,022        

rules for certifying type B family day-care homes adopted          7,023        

pursuant to this chapter.                                                       

      (C)  If the county director of job and family services       7,025        

determines that the type B family day-care home complies with      7,027        

this chapter and any rules adopted under it, the county director   7,028        

shall issue to the provider a certificate to provide publicly      7,030        

                                                          161    


                                                                 
funded child day-care for twelve months.  The county director may  7,031        

revoke the certificate after determining that revocation is        7,032        

necessary.  The authorized provider shall post the certificate in  7,034        

a conspicuous place in the certified type B home that is           7,035        

accessible to parents, custodians, or guardians at all times.      7,036        

The certificate shall state the name and address of the            7,037        

authorized provider, the maximum number of children who may be     7,038        

cared for at any one time in the certified type B home, the        7,039        

expiration date of the certification, and the name and telephone   7,040        

number of the county director who issued the certificate.          7,041        

      (D)  The county director shall inspect every certified type  7,043        

B family day-care home at least twice within each twelve-month     7,044        

period of the operation of the certified type B home.  A minimum   7,045        

of one inspection shall be unannounced and all inspections may be  7,046        

unannounced.  Upon receipt of a complaint, the county director     7,047        

shall investigate and may inspect the certified type B home.  The  7,048        

authorized provider shall permit the county director to inspect    7,049        

any part of the certified type B home.  The county director shall  7,050        

prepare a written inspection report and furnish one copy to the    7,051        

authorized provider within a reasonable time after the             7,052        

inspection.                                                        7,053        

      (E)  The county director of job and family services, in      7,055        

accordance with rules adopted pursuant to section 5104.052 of the  7,057        

Revised Code regarding fire safety and fire prevention, shall      7,058        

inspect each type B home that applies to be certified that is      7,059        

providing or is to provide publicly funded child day-care.         7,060        

      (F)  All materials that are supplied by the department of    7,062        

job and family services to type A family day-care home providers,  7,063        

type B family day-care home providers, in-home aides, persons who  7,064        

desire to be type A family day-care home providers, type B family  7,065        

day-care home providers, or in-home aides, and caretaker parents   7,066        

shall be written at no higher than the sixth grade reading level.  7,067        

The department may employ a readability expert to verify its       7,068        

compliance with this division.                                     7,069        

                                                          162    


                                                                 
      Section 2.  That existing sections 2301.371, 3111.20,        7,071        

3113.21, 4141.01, 4141.162, 4141.21, 4141.23, 4141.24, 4141.241,   7,073        

4141.25, 4141.28, 4141.29, 4141.301, 4141.43, and 5104.11 of the   7,075        

Revised Code are hereby repealed.