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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.