SENATORS Nein, Mumper, Spada

To amend sections 3121.01, 3121.07, 4141.01, 4141.06,

1

4141.162, 4141.20, 4141.24, 4141.26, 4141.281,

2

4141.301, 4141.35, and 4503.03; to amend, for the

3

purpose of adopting new section numbers as

4

indicated in parentheses, sections 4141.281

5

(4141.283), 4141.282 (4141.284), and 4141.283

6

(4141.285); to enact new sections 4141.28,

7

4141.281, and 4141.282; and to repeal section

8

4141.28 of the Revised Code to modify procedures

9

for applying for determination of unemployment

10

compensation benefits and claims for those

11

benefits, to modify the procedures for appealing

12

decisions relative to unemployment compensation

13

benefits, to require that the information

14

currently submitted by employers in two separate

15

quarterly reports be merged into one report, and

16

to correspondingly modify the threshold parameters

17

for forfeiture penalties for late and improper

18

filing of quarterly reports.

19

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

Section 1.  That sections 3121.01, 3121.07, 4141.01, 4141.06,	20
4141.162, 4141.20, 4141.24, 4141.26, 4141.281, 4141.301, 4141.35,	21
and 4503.03 be amended; sections 4141.281 (4141.283), 4141.282	22
(4141.284), and 4141.283 (4141.285) be amended for the purpose of	23
adopting new section numbers as indicated in parentheses; and new	24
sections 4141.28, 4141.281, and 4141.282 of the Revised Code be	25
enacted to read as follows:	26

Sec. 3121.01.  As used in this chapter:

27

(A) "Court child support order," "court support order," and	28
"personal earnings" have the same meanings as in section 3119.01	29
of the Revised Code.	30

(B) "Default" means any failure to pay under a support order	31
that is an amount greater than or equal to the amount of support	32
payable under the support order for one month.	33

(C) "Financial institution" means a bank, savings and loan	34
association, or credit union, or a regulated investment company or	35
mutual fund.	36

(D) "Income" means any form of monetary payment, including	37
personal earnings; workers' compensation payments; unemployment	38
compensation benefits to the extent permitted by, and in	39
accordance with, sections 3121.07 and 4141.282 4141.284 of the	40
Revised Code, and federal law governing the department of job and	41
family services; pensions; annuities; allowances; private or	42
governmental retirement benefits; disability or sick pay;	43
insurance proceeds; lottery prize awards; federal, state, or local	44
government benefits to the extent that the benefits can be	45
withheld or deducted under the law governing the benefits; any	46
form of trust fund or endowment; lump sum payments; and any other	47
payment in money.	48

(E) "Payor" means any person or entity that pays or	49
distributes income to an obligor, including an obligor if the	50
obligor is self-employed; an employer; an employer paying an	51
obligor's workers' compensation benefits; the public employees	52
retirement board; the governing entity of a municipal retirement	53
system; the board of trustees of the Ohio police and fire pension	54
fund; the state teachers retirement board; the school employees	55
retirement board; the state highway patrol retirement board; a	56
provider, as defined in section 3305.01 of the Revised Code; the	57
bureau of workers' compensation; or any other person or entity	58
other than the department of job and family services with respect	59
to unemployment compensation benefits paid pursuant to Chapter	60
4141. of the Revised Code.	61

Sec. 3121.07.  (A) If a child support enforcement agency	62
discovers pursuant to an investigation conducted under section	63
3123.02 of the Revised Code that an obligor under a child support	64
order that it is administering may be receiving unemployment	65
compensation benefits or if a child support enforcement agency	66
receives notice or otherwise discovers that an obligor under a	67
child support order may be receiving unemployment compensation	68
benefits, the agency promptly shall conduct an investigation to	69
determine whether the obligor is receiving unemployment	70
compensation benefits and to determine the amount of the benefits.	71
The investigation shall be completed within ten days of the	72
agency's discovery or receipt of the notice.	73

(B)(1) Upon completion of an investigation conducted under	74
division (A) of this section, if the agency finds that the obligor	75
is receiving unemployment compensation benefits, it shall, in	76
accordance with Chapter 3121. of the Revised Code and section	77
4141.282 4141.284 of the Revised Code and federal law governing	78
the department of job and family services, notify the department	79
of job and family services to withhold or deduct an amount from	80
the unemployment compensation benefits to pay child support	81
obligations. Any deduction from a source in accordance with this	82
section and section 4141.282 4141.284 of the Revised Code is in	83
addition to, and does not preclude, any withholding or deduction	84
for purposes of child support under Chapters 3119., 3121., and	85
3123. of the Revised Code.	86

The agency may not impose the processing charge pursuant to	87
section 3119.27 of the Revised Code with respect to amounts	88
withheld or deducted from unemployment compensation pursuant to	89
this section.	90

(2)(a) The department of job and family services, in	91
accordance with section 4141.282 4141.284 of the Revised Code,	92
shall deduct and withhold from unemployment compensation payable	93
to the obligor, and pay to the appropriate child support	94
enforcement entity, whichever of the following is applicable:	95

(i) Any amount required to be deducted and withheld from the	96
unemployment compensation pursuant to legal process, as that term	97
is defined in Title IV-D of the "Social Security Act," 88 Stat.	98
2351 (1975), 42 U.S.C. 651 et seq., as amended, and properly	99
served on the administrator director of job and family services,	100
as described in section 4141.282 of the Revised Code;	101

(ii) When division (B)(2)(a)(i) of this section is	102
inapplicable, an amount determined pursuant to an agreement	103
submitted to the administrator director under Title IV-D of the	104
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as	105
amended, by the state or local child support enforcement agency;	106

(iii) If neither division (B)(2)(a)(i) nor (ii) of this	107
section is applicable, then the amount specified by the	108
individual.	109

(b) The amount of unemployment compensation subject to being	110
withheld pursuant to division (B)(2)(a) of this section is that	111
amount that remains payable to the individual after application of	112
any recoupment provisions for recovery of overpayments and after	113
deductions that have been made under Chapter 4141. of the Revised	114
Code for deductible income received by the individual. Effective	115
for applications to establish unemployment compensation benefit	116
rights filed after December 27, 1997, the amount withheld with	117
respect to a week of unemployment benefits shall not exceed fifty	118
per cent of the individual's weekly benefit amount as determined	119
by the administrator of the bureau of employment services	120
director.	121

(c) Any deduction and withholding pursuant to division (B)	122
of this section from unemployment compensation payable to an	123
obligor is subject to, and shall be in accordance with, section	124
4141.282 4141.284 of the Revised Code.	125

(C) The director of job and family services shall adopt	126
rules in accordance with Chapter 119. of the Revised Code to	127
implement this section, which rules shall be consistent with	128
section 4141.282 4141.284 of the Revised Code and federal law	129
governing the department.	130

Sec. 4141.01.  As used in this chapter, unless the context	131
otherwise requires:	132

(A)(1) "Employer" means the state, its instrumentalities,	133
its political subdivisions and their instrumentalities, and any	134
individual or type of organization including any partnership,	135
limited liability company, association, trust, estate, joint-stock	136
company, insurance company, or corporation, whether domestic or	137
foreign, or the receiver, trustee in bankruptcy, trustee, or the	138
successor thereof, or the legal representative of a deceased	139
person who subsequent to December 31, 1971, or in the case of	140
political subdivisions or their instrumentalities, subsequent to	141
December 31, 1973:	142

(a) Had in employment at least one individual, or in the	143
case of a nonprofit organization, subsequent to December 31, 1973,	144
had not less than four individuals in employment for some portion	145
of a day in each of twenty different calendar weeks, in either the	146
current or the preceding calendar year whether or not the same	147
individual was in employment in each such day; or	148

(b) Except for a nonprofit organization, had paid for	149
service in employment wages of fifteen hundred dollars or more in	150
any calendar quarter in either the current or preceding calendar	151
year; or	152

(c) Had paid, subsequent to December 31, 1977, for	153
employment in domestic service in a local college club, or local	154
chapter of a college fraternity or sorority, cash remuneration of	155
one thousand dollars or more in any calendar quarter in the	156
current calendar year or the preceding calendar year, or had paid	157
subsequent to December 31, 1977, for employment in domestic	158
service in a private home cash remuneration of one thousand	159
dollars in any calendar quarter in the current calendar year or	160
the preceding calendar year:	161

(i) For the purposes of divisions (A)(1)(a) and (b) of this	162
section, there shall not be taken into account any wages paid to,	163
or employment of, an individual performing domestic service as	164
described in this division.	165

(ii) An employer under this division shall not be an	166
employer with respect to wages paid for any services other than	167
domestic service unless the employer is also found to be an	168
employer under division (A)(1)(a), (b), or (d) of this section.	169

(d) As a farm operator or a crew leader subsequent to	170
December 31, 1977, had in employment individuals in agricultural	171
labor; and	172

(i) During any calendar quarter in the current calendar year	173
or the preceding calendar year, paid cash remuneration of twenty	174
thousand dollars or more for the agricultural labor; or	175

(ii) Had at least ten individuals in employment in	176
agricultural labor, not including agricultural workers who are	177
aliens admitted to the United States to perform agricultural labor	178
pursuant to sections 214(e) and 101(a)(15)(H) of the "Immigration	179
and Nationality Act," 66 Stat. 163, 8 U.S.C.A.	180
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the	181
twenty different calendar weeks, in either the current or	182
preceding calendar year whether or not the same individual was in	183
employment in each day; or	184

(e) Is not otherwise an employer as defined under division	185
(A)(1)(a) or (b) of this section; and	186

(i) For which, within either the current or preceding	187
calendar year, service, except for domestic service in a private	188
home not covered under division (A)(1)(c) of this section, is or	189
was performed with respect to which such employer is liable for	190
any federal tax against which credit may be taken for	191
contributions required to be paid into a state unemployment fund;	192

(ii) Which, as a condition for approval of this chapter for	193
full tax credit against the tax imposed by the "Federal	194
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	195
required, pursuant to such act to be an employer under this	196
chapter; or	197

(iii) Who became an employer by election under division	198
(A)(4) or (5) of this section and for the duration of such	199
election; or	200

(f) In the case of the state, its instrumentalities, its	201
political subdivisions, and their instrumentalities, had in	202
employment, as defined in division (B)(2)(a) of this section, at	203
least one individual;	204

(g) For the purposes of division (A)(1)(a) of this section,	205
if any week includes both the thirty-first day of December and the	206
first day of January, the days of that week before the first day	207
of January shall be considered one calendar week and the days	208
beginning the first day of January another week.	209

(2) Each individual employed to perform or to assist in	210
performing the work of any agent or employee of an employer is	211
employed by such employer for all the purposes of this chapter,	212
whether such individual was hired or paid directly by such	213
employer or by such agent or employee, provided the employer had	214
actual or constructive knowledge of the work. All individuals	215
performing services for an employer of any person in this state	216
who maintains two or more establishments within this state are	217
employed by a single employer for the purposes of this chapter.	218

(3) An employer subject to this chapter within any calendar	219
year is subject to this chapter during the whole of such year and	220
during the next succeeding calendar year.	221

(4) An employer not otherwise subject to this chapter who	222
files with the director of job and family services a written	223
election to become an employer subject to this chapter for not	224
less than two calendar years shall, with the written approval of	225
such election by the director, become an employer subject to this	226
chapter to the same extent as all other employers as of the date	227
stated in such approval, and shall cease to be subject to this	228
chapter as of the first day of January of any calendar year	229
subsequent to such two calendar years only if at least thirty days	230
prior to such first day of January the employer has filed with the	231
director a written notice to that effect.	232

(5) Any employer for whom services that do not constitute	233
employment are performed may file with the director a written	234
election that all such services performed by individuals in the	235
employer's employ in one or more distinct establishments or places	236
of business shall be deemed to constitute employment for all the	237
purposes of this chapter, for not less than two calendar years.	238
Upon written approval of the election by the director, such	239
services shall be deemed to constitute employment subject to this	240
chapter from and after the date stated in such approval. Such	241
services shall cease to be employment subject to this chapter as	242
of the first day of January of any calendar year subsequent to	243
such two calendar years only if at least thirty days prior to such	244
first day of January such employer has filed with the director a	245
written notice to that effect.	246

(B)(1) "Employment" means service performed by an individual	247
for remuneration under any contract of hire, written or oral,	248
express or implied, including service performed in interstate	249
commerce and service performed by an officer of a corporation,	250
without regard to whether such service is executive, managerial,	251
or manual in nature, and without regard to whether such officer is	252
a stockholder or a member of the board of directors of the	253
corporation, unless it is shown to the satisfaction of the	254
director that such individual has been and will continue to be	255
free from direction or control over the performance of such	256
service, both under a contract of service and in fact. The	257
director shall adopt rules to define "direction or control."	258

(2) "Employment" includes:

259

(a) Service performed after December 31, 1977, by an	260
individual in the employ of the state or any of its	261
instrumentalities, or any political subdivision thereof or any of	262
its instrumentalities or any instrumentality of more than one of	263
the foregoing or any instrumentality of any of the foregoing and	264
one or more other states or political subdivisions and without	265
regard to divisions (A)(1)(a) and (b) of this section, provided	266
that such service is excluded from employment as defined in the	267
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	268
3306(c)(7) and is not excluded under division (B)(3) of this	269
section; or the services of employees covered by voluntary	270
election, as provided under divisions (A)(4) and (5) of this	271
section;	272

(b) Service performed after December 31, 1971, by an	273
individual in the employ of a religious, charitable, educational,	274
or other organization which is excluded from the term "employment"	275
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	276
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	277
3306(c)(8) of that act and is not excluded under division (B)(3)	278
of this section;	279

(c) Domestic service performed after December 31, 1977, for	280
an employer, as provided in division (A)(1)(c) of this section;	281

(d) Agricultural labor performed after December 31, 1977,	282
for a farm operator or a crew leader, as provided in division	283
(A)(1)(d) of this section;	284

(e) Service not covered under division (B)(1) of this	285
section which is performed after December 31, 1971:	286

(i) As an agent-driver or commission-driver engaged in	287
distributing meat products, vegetable products, fruit products,	288
bakery products, beverages other than milk, laundry, or	289
dry-cleaning services, for the individual's employer or principal;	290

(ii) As a traveling or city salesperson, other than as an	291
agent-driver or commission-driver, engaged on a full-time basis in	292
the solicitation on behalf of and in the transmission to the	293
salesperson's employer or principal except for sideline sales	294
activities on behalf of some other person of orders from	295
wholesalers, retailers, contractors, or operators of hotels,	296
restaurants, or other similar establishments for merchandise for	297
resale, or supplies for use in their business operations, provided	298
that for the purposes of this division (B)(2)(e)(ii) of this	299
section, the services shall be deemed employment if the contract	300
of service contemplates that substantially all of the services are	301
to be performed personally by the individual and that the	302
individual does not have a substantial investment in facilities	303
used in connection with the performance of the services other than	304
in facilities for transportation, and the services are not in the	305
nature of a single transaction that is not a part of a continuing	306
relationship with the person for whom the services are performed.	307

(f) An individual's entire service performed within or both	308
within and without the state if:	309

(i) The service is localized in this state.

310

(ii) The service is not localized in any state, but some of	311
the service is performed in this state and either the base of	312
operations, or if there is no base of operations then the place	313
from which such service is directed or controlled, is in this	314
state or the base of operations or place from which such service	315
is directed or controlled is not in any state in which some part	316
of the service is performed but the individual's residence is in	317
this state.	318

(g) Service not covered under division (B)(2)(f)(ii) of this	319
section and performed entirely without this state, with respect to	320
no part of which contributions are required and paid under an	321
unemployment compensation law of any other state, the Virgin	322
Islands, Canada, or of the United States, if the individual	323
performing such service is a resident of this state and the	324
director approves the election of the employer for whom such	325
services are performed; or, if the individual is not a resident of	326
this state but the place from which the service is directed or	327
controlled is in this state, the entire services of such	328
individual shall be deemed to be employment subject to this	329
chapter, provided service is deemed to be localized within this	330
state if the service is performed entirely within this state or if	331
the service is performed both within and without this state but	332
the service performed without this state is incidental to the	333
individual's service within the state, for example, is temporary	334
or transitory in nature or consists of isolated transactions;	335

(h) Service of an individual who is a citizen of the United	336
States, performed outside the United States except in Canada after	337
December 31, 1971, or the Virgin Islands, after December 31, 1971,	338
and before the first day of January of the year following that in	339
which the United States secretary of labor approves the Virgin	340
Islands law for the first time, in the employ of an American	341
employer, other than service which is "employment" under divisions	342
(B)(2)(f) and (g) of this section or similar provisions of another	343
state's law, if:	344

(i) The employer's principal place of business in the United	345
States is located in this state;	346

(ii) The employer has no place of business in the United	347
States, but the employer is an individual who is a resident of	348
this state; or the employer is a corporation which is organized	349
under the laws of this state, or the employer is a partnership or	350
a trust and the number of partners or trustees who are residents	351
of this state is greater than the number who are residents of any	352
other state; or	353

(iii) None of the criteria of divisions (B)(2)(f)(i) and	354
(ii) of this section is met but the employer has elected coverage	355
in this state or the employer having failed to elect coverage in	356
any state, the individual has filed a claim for benefits, based on	357
such service, under this chapter.	358

(i) For the purposes of division (B)(2)(h) of this section,	359
the term "American employer" means an employer who is an	360
individual who is a resident of the United States; or a	361
partnership, if two-thirds or more of the partners are residents	362
of the United States; or a trust, if all of the trustees are	363
residents of the United States; or a corporation organized under	364
the laws of the United States or of any state, provided the term	365
"United States" includes the states, the District of Columbia, the	366
Commonwealth of Puerto Rico, and the Virgin Islands.	367

(j) Notwithstanding any other provisions of divisions (B)(1)	368
and (2) of this section, service, except for domestic service in a	369
private home not covered under division (A)(1)(c) of this section,	370
with respect to which a tax is required to be paid under any	371
federal law imposing a tax against which credit may be taken for	372
contributions required to be paid into a state unemployment fund,	373
or service, except for domestic service in a private home not	374
covered under division (A)(1)(c) of this section, which, as a	375
condition for full tax credit against the tax imposed by the	376
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	377
3311, is required to be covered under this chapter.	378

(k) Construction services performed by any individual under	379
a construction contract, as defined in section 4141.39 of the	380
Revised Code, if the director determines that the employer for	381
whom services are performed has the right to direct or control the	382
performance of the services and that the individuals who perform	383
the services receive remuneration for the services performed. The	384
director shall presume that the employer for whom services are	385
performed has the right to direct or control the performance of	386
the services if ten or more of the following criteria apply:	387

(i) The employer directs or controls the manner or method by	388
which instructions are given to the individual performing	389
services;	390

(ii) The employer requires particular training for the	391
individual performing services;	392

(iii) Services performed by the individual are integrated	393
into the regular functioning of the employer;	394

(iv) The employer requires that services be provided by a	395
particular individual;	396

(v) The employer hires, supervises, or pays the wages of the	397
individual performing services;	398

(vi) A continuing relationship between the employer and the	399
individual performing services exists which contemplates	400
continuing or recurring work, even if not full-time work;	401

(vii) The employer requires the individual to perform	402
services during established hours;	403

(viii) The employer requires that the individual performing	404
services be devoted on a full-time basis to the business of the	405
employer;	406

(ix) The employer requires the individual to perform	407
services on the employer's premises;	408

(x) The employer requires the individual performing services	409
to follow the order of work established by the employer;	410

(xi) The employer requires the individual performing	411
services to make oral or written reports of progress;	412

(xii) The employer makes payment to the individual for	413
services on a regular basis, such as hourly, weekly, or monthly;	414

(xiii) The employer pays expenses for the individual	415
performing services;	416

(xiv) The employer furnishes the tools and materials for use	417
by the individual to perform services;	418

(xv) The individual performing services has not invested in	419
the facilities used to perform services;	420

(xvi) The individual performing services does not realize a	421
profit or suffer a loss as a result of the performance of the	422
services;	423

(xvii) The individual performing services is not performing	424
services for more than two employers simultaneously;	425

(xviii) The individual performing services does not make the	426
services available to the general public;	427

(xix) The employer has a right to discharge the individual	428
performing services;	429

(xx) The individual performing services has the right to end	430
the individual's relationship with the employer without incurring	431
liability pursuant to an employment contract or agreement.	432

(3) "Employment" does not include the following services if	433
they are found not subject to the "Federal Unemployment Tax Act,"	434
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	435
are not required to be included under division (B)(2)(j) of this	436
section:	437

(a) Service performed after December 31, 1977, in	438
agricultural labor, except as provided in division (A)(1)(d) of	439
this section;	440

(b) Domestic service performed after December 31, 1977, in a	441
private home, local college club, or local chapter of a college	442
fraternity or sorority except as provided in division (A)(1)(c) of	443
this section;	444

(c) Service performed after December 31, 1977, for this	445
state or a political subdivision as described in division	446
(B)(2)(a) of this section when performed:	447

(i) As a publicly elected official;

448

(ii) As a member of a legislative body, or a member of the	449
judiciary;	450

(iii) As a military member of the Ohio national guard;

451

(iv) As an employee, not in the classified service as	452
defined in section 124.11 of the Revised Code, serving on a	453
temporary basis in case of fire, storm, snow, earthquake, flood,	454
or similar emergency;	455

(v) In a position which, under or pursuant to law, is	456
designated as a major nontenured policymaking or advisory	457
position, not in the classified service of the state, or a	458
policymaking or advisory position the performance of the duties of	459
which ordinarily does not require more than eight hours per week.	460

(d) In the employ of any governmental unit or	461
instrumentality of the United States;	462

(e) Service performed after December 31, 1971:

463

(i) Service in the employ of an educational institution or	464
institution of higher education, including those operated by the	465
state or a political subdivision, if such service is performed by	466
a student who is enrolled and is regularly attending classes at	467
the educational institution or institution of higher education; or	468

(ii) By an individual who is enrolled at a nonprofit or	469
public educational institution which normally maintains a regular	470
faculty and curriculum and normally has a regularly organized body	471
of students in attendance at the place where its educational	472
activities are carried on as a student in a full-time program,	473
taken for credit at the institution, which combines academic	474
instruction with work experience, if the service is an integral	475
part of the program, and the institution has so certified to the	476
employer, provided that this subdivision shall not apply to	477
service performed in a program established for or on behalf of an	478
employer or group of employers;	479

(f) Service performed by an individual in the employ of the	480
individual's son, daughter, or spouse and service performed by a	481
child under the age of eighteen in the employ of the child's	482
father or mother;	483

(g) Service performed for one or more principals by an	484
individual who is compensated on a commission basis, who in the	485
performance of the work is master of the individual's own time and	486
efforts, and whose remuneration is wholly dependent on the amount	487
of effort the individual chooses to expend, and which service is	488
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	489
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after	490
December 31, 1971:	491

(i) By an individual for an employer as an insurance agent	492
or as an insurance solicitor, if all this service is performed for	493
remuneration solely by way of commission;	494

(ii) As a home worker performing work, according to	495
specifications furnished by the employer for whom the services are	496
performed, on materials or goods furnished by such employer which	497
are required to be returned to the employer or to a person	498
designated for that purpose.	499

(h) Service performed after December 31, 1971:

500

(i) In the employ of a church or convention or association	501
of churches, or in an organization which is operated primarily for	502
religious purposes and which is operated, supervised, controlled,	503
or principally supported by a church or convention or association	504
of churches;	505

(ii) By a duly ordained, commissioned, or licensed minister	506
of a church in the exercise of the individual's ministry or by a	507
member of a religious order in the exercise of duties required by	508
such order; or	509

(iii) In a facility conducted for the purpose of carrying	510
out a program of rehabilitation for individuals whose earning	511
capacity is impaired by age or physical or mental deficiency or	512
injury, or providing remunerative work for individuals who because	513
of their impaired physical or mental capacity cannot be readily	514
absorbed in the competitive labor market, by an individual	515
receiving such rehabilitation or remunerative work;	516

(i) Service performed after June 30, 1939, with respect to	517
which unemployment compensation is payable under the "Railroad	518
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	519

(j) Service performed by an individual in the employ of any	520
organization exempt from income tax under section 501 of the	521
"Internal Revenue Code of 1954," if the remuneration for such	522
service does not exceed fifty dollars in any calendar quarter, or	523
if such service is in connection with the collection of dues or	524
premiums for a fraternal beneficial society, order, or association	525
and is performed away from the home office or is ritualistic	526
service in connection with any such society, order, or	527
association;	528

(k) Casual labor not in the course of an employer's trade or	529
business; incidental service performed by an officer, appraiser,	530
or member of a finance committee of a bank, building and loan	531
association, savings and loan association, or savings association	532
when the remuneration for such incidental service exclusive of the	533
amount paid or allotted for directors' fees does not exceed sixty	534
dollars per calendar quarter is casual labor;	535

(l) Service performed in the employ of a voluntary	536
employees' beneficial association providing for the payment of	537
life, sickness, accident, or other benefits to the members of such	538
association or their dependents or their designated beneficiaries,	539
if admission to a membership in such association is limited to	540
individuals who are officers or employees of a municipal or public	541
corporation, of a political subdivision of the state, or of the	542
United States and no part of the net earnings of such association	543
inures, other than through such payments, to the benefit of any	544
private shareholder or individual;	545

(m) Service performed by an individual in the employ of a	546
foreign government, including service as a consular or other	547
officer or employee or of a nondiplomatic representative;	548

(n) Service performed in the employ of an instrumentality	549
wholly owned by a foreign government if the service is of a	550
character similar to that performed in foreign countries by	551
employees of the United States or of an instrumentality thereof	552
and if the director finds that the secretary of state of the	553
United States has certified to the secretary of the treasury of	554
the United States that the foreign government, with respect to	555
whose instrumentality exemption is claimed, grants an equivalent	556
exemption with respect to similar service performed in the foreign	557
country by employees of the United States and of instrumentalities	558
thereof;	559

(o) Service with respect to which unemployment compensation	560
is payable under an unemployment compensation system established	561
by an act of congress;	562

(p) Service performed as a student nurse in the employ of a	563
hospital or a nurses' training school by an individual who is	564
enrolled and is regularly attending classes in a nurses' training	565
school chartered or approved pursuant to state law, and service	566
performed as an intern in the employ of a hospital by an	567
individual who has completed a four years' course in a medical	568
school chartered or approved pursuant to state law;	569

(q) Service performed by an individual under the age of	570
eighteen in the delivery or distribution of newspapers or shopping	571
news, not including delivery or distribution to any point for	572
subsequent delivery or distribution;	573

(r) Service performed in the employ of the United States or	574
an instrumentality of the United States immune under the	575
constitution of the United States from the contributions imposed	576
by this chapter, except that to the extent that congress permits	577
states to require any instrumentalities of the United States to	578
make payments into an unemployment fund under a state unemployment	579
compensation act, this chapter shall be applicable to such	580
instrumentalities and to services performed for such	581
instrumentalities in the same manner, to the same extent, and on	582
the same terms as to all other employers, individuals, and	583
services, provided that if this state is not certified for any	584
year by the proper agency of the United States under section 3304	585
of the "Internal Revenue Code of 1954," the payments required of	586
such instrumentalities with respect to such year shall be refunded	587
by the director from the fund in the same manner and within the	588
same period as is provided in division (E) of section 4141.09 of	589
the Revised Code with respect to contributions erroneously	590
collected;	591

(s) Service performed by an individual as a member of a band	592
or orchestra, provided such service does not represent the	593
principal occupation of such individual, and which service is not	594
subject to or required to be covered for full tax credit against	595
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	596
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after	597
December 31, 1971, for a nonprofit organization, this state or its	598
instrumentalities, or a political subdivision or its	599
instrumentalities, as part of an unemployment work-relief or	600
work-training program assisted or financed in whole or in part by	601
any federal agency or an agency of a state or political	602
subdivision thereof, by an individual receiving the work-relief or	603
work-training.	604

(t) Service performed in the employ of a day camp whose	605
camping season does not exceed twelve weeks in any calendar year,	606
and which service is not subject to the "Federal Unemployment Tax	607
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	608
performed after December 31, 1971:	609

(i) In the employ of a hospital, if the service is performed	610
by a patient of the hospital, as defined in division (W) of this	611
section;	612

(ii) For a prison or other correctional institution by an	613
inmate of the prison or correctional institution;	614

(iii) Service performed after December 31, 1977, by an	615
inmate of a custodial institution operated by the state, a	616
political subdivision, or a nonprofit organization.	617

(u) Service that is performed by a nonresident alien	618
individual for the period the individual temporarily is present in	619
the United States as a nonimmigrant under division (F), (J), (M),	620
or (Q) of section 101(a)(15) of the "Immigration and Nationality	621
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	622
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	623
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	624

(v) Notwithstanding any other provisions of division (B)(3)	625
of this section, services that are excluded under divisions	626
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	627
from employment when performed for a nonprofit organization, as	628
defined in division (X) of this section, or for this state or its	629
instrumentalities, or for a political subdivision or its	630
instrumentalities;	631

(w) Service that is performed by an individual working as an	632
election official or election worker if the amount of remuneration	633
received by the individual during the calendar year for services	634
as an election official or election worker is less than one	635
thousand dollars;	636

(x) Service performed for an elementary or secondary school	637
that is operated primarily for religious purposes, that is	638
described in subsection 501(c)(3) and exempt from federal income	639
taxation under subsection 501(a) of the Internal Revenue Code, 26	640
U.S.C.A. 501;	641

(y) Service performed by a person committed to a penal	642
institution.	643

(4) If the services performed during one half or more of any	644
pay period by an employee for the person employing that employee	645
constitute employment, all the services of such employee for such	646
period shall be deemed to be employment; but if the services	647
performed during more than one half of any such pay period by an	648
employee for the person employing that employee do not constitute	649
employment, then none of the services of such employee for such	650
period shall be deemed to be employment. As used in division	651
(B)(4) of this section, "pay period" means a period, of not more	652
than thirty-one consecutive days, for which payment of	653
remuneration is ordinarily made to the employee by the person	654
employing that employee. Division (B)(4) of this section does not	655
apply to services performed in a pay period by an employee for the	656
person employing that employee, if any of such service is excepted	657
by division (B)(3)(o) of this section.	658

(C) "Benefits" means money payments payable to an individual	659
who has established benefit rights, as provided in this chapter,	660
for loss of remuneration due to the individual's unemployment.	661

(D) "Benefit rights" means the weekly benefit amount and the	662
maximum benefit amount that may become payable to an individual	663
within the individual's benefit year as determined by the	664
director.	665

(E) "Claim for benefits" means a claim for waiting period or	666
benefits for a designated week.	667

(F) "Additional claim" means the first claim for benefits	668
filed following any separation from employment during a benefit	669
year; "continued claim" means any claim other than the first claim	670
for benefits and other than an additional claim.	671

(G)(1) "Wages" means remuneration paid to an employee by	672
each of the employee's employers with respect to employment;	673
except that wages shall not include that part of remuneration paid	674
during any calendar year to an individual by an employer or such	675
employer's predecessor in interest in the same business or	676
enterprise, which in any calendar year is in excess of eight	677
thousand two hundred fifty dollars on and after January 1, 1992;	678
eight thousand five hundred dollars on and after January 1, 1993;	679
eight thousand seven hundred fifty dollars on and after January 1,	680
1994; and nine thousand dollars on and after January 1, 1995.	681
Remuneration in excess of such amounts shall be deemed wages	682
subject to contribution to the same extent that such remuneration	683
is defined as wages under the "Federal Unemployment Tax Act," 84	684
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	685
remuneration paid an employee by an employer with respect to	686
employment in another state, upon which contributions were	687
required and paid by such employer under the unemployment	688
compensation act of such other state, shall be included as a part	689
of remuneration in computing the amount specified in this	690
division.	691

(2) Notwithstanding division (G)(1) of this section, if, as	692
of the computation date for any calendar year, the director	693
determines that the level of the unemployment compensation fund is	694
sixty per cent or more below the minimum safe level as defined in	695
section 4141.25 of the Revised Code, then, effective the first day	696
of January of the following calendar year, wages subject to this	697
chapter shall not include that part of remuneration paid during	698
any calendar year to an individual by an employer or such	699
employer's predecessor in interest in the same business or	700
enterprise which is in excess of nine thousand dollars. The	701
increase in the dollar amount of wages subject to this chapter	702
under this division shall remain in effect from the date of the	703
director's determination pursuant to division (G)(2) of this	704
section and thereafter notwithstanding the fact that the level in	705
the fund may subsequently become less than sixty per cent below	706
the minimum safe level.	707

(H)(1) "Remuneration" means all compensation for personal	708
services, including commissions and bonuses and the cash value of	709
all compensation in any medium other than cash, except that in the	710
case of agricultural or domestic service, "remuneration" includes	711
only cash remuneration. Gratuities customarily received by an	712
individual in the course of the individual's employment from	713
persons other than the individual's employer and which are	714
accounted for by such individual to the individual's employer are	715
taxable wages.	716

The reasonable cash value of compensation paid in any medium	717
other than cash shall be estimated and determined in accordance	718
with rules prescribed by the director, provided that	719
"remuneration" does not include:	720

(a) Payments as provided in divisions (b)(2) to (b)(16) of	721
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	722
26 U.S.C.A. 3301 to 3311, as amended;	723

(b) The payment by an employer, without deduction from the	724
remuneration of the individual in the employer's employ, of the	725
tax imposed upon an individual in the employer's employ under	726
section 3101 of the "Internal Revenue Code of 1954," with respect	727
to services performed after October 1, 1941.	728

(2) "Cash remuneration" means all remuneration paid in cash,	729
including commissions and bonuses, but not including the cash	730
value of all compensation in any medium other than cash.	731

(I) "Interested party" means the director and any party to	732
whom notice of a determination of an application for benefit	733
rights or a claim for benefits is required to be given under	734
section 4141.28 of the Revised Code.	735

(J) "Annual payroll" means the total amount of wages subject	736
to contributions during a twelve-month period ending with the last	737
day of the second calendar quarter of any calendar year.	738

(K) "Average annual payroll" means the average of the last	739
three annual payrolls of an employer, provided that if, as of any	740
computation date, the employer has had less than three annual	741
payrolls in such three-year period, such average shall be based on	742
the annual payrolls which the employer has had as of such date.	743

(L)(1) "Contributions" means the money payments to the state	744
unemployment compensation fund required of employers by section	745
4141.25 of the Revised Code and of the state and any of its	746
political subdivisions electing to pay contributions under section	747
4141.242 of the Revised Code. Employers paying contributions	748
shall be described as "contributory employers."	749

(2) "Payments in lieu of contributions" means the money	750
payments to the state unemployment compensation fund required of	751
reimbursing employers under sections 4141.241 and 4141.242 of the	752
Revised Code.	753

(M) An individual is "totally unemployed" in any week during	754
which the individual performs no services and with respect to such	755
week no remuneration is payable to the individual.	756

(N) An individual is "partially unemployed" in any week if,	757
due to involuntary loss of work, the total remuneration payable to	758
the individual for such week is less than the individual's weekly	759
benefit amount.	760

(O) "Week" means the calendar week ending at midnight	761
Saturday unless an equivalent week of seven consecutive calendar	762
days is prescribed by the director.	763

(1) "Qualifying week" means any calendar week in an	764
individual's base period with respect to which the individual	765
earns or is paid remuneration in employment subject to this	766
chapter. A calendar week with respect to which an individual	767
earns remuneration but for which payment was not made within the	768
base period, when necessary to qualify for benefit rights, may be	769
considered to be a qualifying week. The number of qualifying	770
weeks which may be established in a calendar quarter shall not	771
exceed the number of calendar weeks in the quarter.	772

(2) "Average weekly wage" means the amount obtained by	773
dividing an individual's total remuneration for all qualifying	774
weeks during the base period by the number of such qualifying	775
weeks, provided that if the computation results in an amount that	776
is not a multiple of one dollar, such amount shall be rounded to	777
the next lower multiple of one dollar.	778

(P) "Weekly benefit amount" means the amount of benefits an	779
individual would be entitled to receive for one week of total	780
unemployment.	781

(Q)(1) "Base period" means the first four of the last five	782
completed calendar quarters immediately preceding the first day of	783
an individual's benefit year, except as provided in division	784
(Q)(2) of this section.	785

(2) If an individual does not have sufficient qualifying	786
weeks and wages in the base period to qualify for benefit rights,	787
the individual's base period shall be the four most recently	788
completed calendar quarters preceding the first day of the	789
individual's benefit year. Such base period shall be known as the	790
"alternate base period." If information as to weeks and wages for	791
the most recent quarter of the alternate base period is not	792
available to the director from the regular quarterly reports of	793
wage information, which are systematically accessible, the	794
director may, consistent with the provisions of section 4141.28 of	795
the Revised Code, base the determination of eligibility for	796
benefits on the affidavit of the claimant with respect to weeks	797
and wages for that calendar quarter. The claimant shall furnish	798
payroll documentation, where available, in support of the	799
affidavit. The determination based upon the alternate base period	800
as it relates to the claimant's benefit rights, shall be amended	801
when the quarterly report of wage information from the employer is	802
timely received and that information causes a change in the	803
determination. As provided in division (B)(1)(b) of section	804
4141.28 of the Revised Code, any benefits paid and charged to an	805
employer's account, based upon a claimant's affidavit, shall be	806
adjusted effective as of the beginning of the claimant's benefit	807
year. No calendar quarter in a base period or alternate base	808
period shall be used to establish a subsequent benefit year.	809

(3) The "base period" of a combined wage claim, as described	810
in division (H) of section 4141.43 of the Revised Code, shall be	811
the base period prescribed by the law of the state in which the	812
claim is allowed.	813

(4) For purposes of determining the weeks that comprise a	814
completed calendar quarter under this division, only those weeks	815
ending at midnight Saturday within the calendar quarter shall be	816
utilized.	817

(R)(1) "Benefit year" with respect to an individual means	818
the fifty-two week period beginning with the first day of that	819
week with respect to which the individual first files a valid	820
application for determination of benefit rights, and thereafter	821
the fifty-two week period beginning with the first day of that	822
week with respect to which the individual next files a valid	823
application for determination of benefit rights after the	824
termination of the individual's last preceding benefit year,	825
except that the application shall not be considered valid unless	826
the individual has had employment in six weeks that is subject to	827
this chapter or the unemployment compensation act of another	828
state, or the United States, and has, since the beginning of the	829
individual's previous benefit year, in the employment earned three	830
times the average weekly wage determined for the previous benefit	831
year. The "benefit year" of a combined wage claim, as described	832
in division (H) of section 4141.43 of the Revised Code, shall be	833
the benefit year prescribed by the law of the state in which the	834
claim is allowed. Any application for determination of benefit	835
rights made in accordance with section 4141.28 of the Revised Code	836
is valid if the individual filing such application is unemployed,	837
has been employed by an employer or employers subject to this	838
chapter in at least twenty qualifying weeks within the	839
individual's base period, and has earned or been paid remuneration	840
at an average weekly wage of not less than twenty-seven and	841
one-half per cent of the statewide average weekly wage for such	842
weeks. For purposes of determining whether an individual has had	843
sufficient employment since the beginning of the individual's	844
previous benefit year to file a valid application, "employment"	845
means the performance of services for which remuneration is	846
payable.	847

(2) Effective for applications filed on and after March 3,	848
2002 benefit years beginning on and after December 28, 2003, any	849
application for determination of benefit rights made in accordance	850
with section 4141.28 of the Revised Code is valid if the	851
individual satisfies the criteria described in division (R)(1) of	852
this section, and if the reason for the individual's separation	853
from employment is not disqualifying pursuant to division (D)(2)	854
of section 4141.29 or section 4141.291 of the Revised Code. A	855
disqualification imposed pursuant to division (D)(2) of section	856
4141.29 or section 4141.291 of the Revised Code must be removed as	857
provided in those sections as a requirement of establishing a	858
valid application for benefit rights filed on and after March 3,	859
2002 years beginning on and after December 28, 2003.	860

(3) The statewide average weekly wage shall be calculated by	861
the director once a year based on the twelve-month period ending	862
the thirtieth day of June, as set forth in division (B)(3) of	863
section 4141.30 of the Revised Code, rounded down to the nearest	864
dollar. Increases or decreases in the amount of remuneration	865
required to have been earned or paid in order for individuals to	866
have filed valid applications shall become effective on Sunday of	867
the calendar week in which the first day of January occurs that	868
follows the twelve-month period ending the thirtieth day of June	869
upon which the calculation of the statewide average weekly wage	870
was based.	871

(4) As used in this division, an individual is "unemployed"	872
if, with respect to the calendar week in which such application is	873
filed, the individual is "partially unemployed" or "totally	874
unemployed" as defined in this section or if, prior to filing the	875
application, the individual was separated from the individual's	876
most recent work for any reason which terminated the individual's	877
employee-employer relationship, or was laid off indefinitely or	878
for a definite period of seven or more days.	879

(S) "Calendar quarter" means the period of three consecutive	880
calendar months ending on the thirty-first day of March, the	881
thirtieth day of June, the thirtieth day of September, and the	882
thirty-first day of December, or the equivalent thereof as the	883
director prescribes by rule.	884

(T) "Computation date" means the first day of the third	885
calendar quarter of any calendar year.	886

(U) "Contribution period" means the calendar year beginning	887
on the first day of January of any year.	888

(V) "Agricultural labor," for the purpose of this division,	889
means any service performed prior to January 1, 1972, which was	890
agricultural labor as defined in this division prior to that date,	891
and service performed after December 31, 1971:	892

(1) On a farm, in the employ of any person, in connection	893
with cultivating the soil, or in connection with raising or	894
harvesting any agricultural or horticultural commodity, including	895
the raising, shearing, feeding, caring for, training, and	896
management of livestock, bees, poultry, and fur-bearing animals	897
and wildlife;	898

(2) In the employ of the owner or tenant or other operator	899
of a farm in connection with the operation, management,	900
conservation, improvement, or maintenance of such farm and its	901
tools and equipment, or in salvaging timber or clearing land of	902
brush and other debris left by hurricane, if the major part of	903
such service is performed on a farm;	904

(3) In connection with the production or harvesting of any	905
commodity defined as an agricultural commodity in section 15 (g)	906
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	907
U.S.C. 1141j, as amended, or in connection with the ginning of	908
cotton, or in connection with the operation or maintenance of	909
ditches, canals, reservoirs, or waterways, not owned or operated	910
for profit, used exclusively for supplying and storing water for	911
farming purposes;	912

(4) In the employ of the operator of a farm in handling,	913
planting, drying, packing, packaging, processing, freezing,	914
grading, storing, or delivering to storage or to market or to a	915
carrier for transportation to market, in its unmanufactured state,	916
any agricultural or horticultural commodity, but only if the	917
operator produced more than one half of the commodity with respect	918
to which such service is performed;	919

(5) In the employ of a group of operators of farms, or a	920
cooperative organization of which the operators are members, in	921
the performance of service described in division (V)(4) of this	922
section, but only if the operators produced more than one-half of	923
the commodity with respect to which the service is performed;	924

(6) Divisions (V)(4) and (5) of this section shall not be	925
deemed to be applicable with respect to service performed:	926

(a) In connection with commercial canning or commercial	927
freezing or in connection with any agricultural or horticultural	928
commodity after its delivery to a terminal market for distribution	929
for consumption; or	930

(b) On a farm operated for profit if the service is not in	931
the course of the employer's trade or business.	932

As used in division (V) of this section, "farm" includes	933
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	934
plantations, ranches, nurseries, ranges, greenhouses, or other	935
similar structures used primarily for the raising of agricultural	936
or horticultural commodities and orchards.	937

(W) "Hospital" means an institution which has been	938
registered or licensed by the Ohio department of health as a	939
hospital.	940

(X) "Nonprofit organization" means an organization, or group	941
of organizations, described in section 501(c)(3) of the "Internal	942
Revenue Code of 1954," and exempt from income tax under section	943
501(a) of that code.	944

(Y) "Institution of higher education" means a public or	945
nonprofit educational institution which:	946

(1) Admits as regular students only individuals having a	947
certificate of graduation from a high school, or the recognized	948
equivalent;	949

(2) Is legally authorized in this state to provide a program	950
of education beyond high school; and	951

(3) Provides an educational program for which it awards a	952
bachelor's or higher degree, or provides a program which is	953
acceptable for full credit toward such a degree, a program of	954
post-graduate or post-doctoral studies, or a program of training	955
to prepare students for gainful employment in a recognized	956
occupation.	957

For the purposes of this division, all colleges and	958
universities in this state are institutions of higher education.	959

(Z) For the purposes of this chapter, "states" includes the	960
District of Columbia, the Commonwealth of Puerto Rico, and the	961
Virgin Islands.	962

(AA) "Alien" means, for the purposes of division (A)(1)(d)	963
of this section, an individual who is an alien admitted to the	964
United States to perform service in agricultural labor pursuant to	965
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	966
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	967

(BB)(1) "Crew leader" means an individual who furnishes	968
individuals to perform agricultural labor for any other employer	969
or farm operator, and:	970

(a) Pays, either on the individual's own behalf or on behalf	971
of the other employer or farm operator, the individuals so	972
furnished by the individual for the service in agricultural labor	973
performed by them;	974

(b) Has not entered into a written agreement with the other	975
employer or farm operator under which the agricultural worker is	976
designated as in the employ of the other employer or farm	977
operator.	978

(2) For the purposes of this chapter, any individual who is	979
a member of a crew furnished by a crew leader to perform service	980
in agricultural labor for any other employer or farm operator	981
shall be treated as an employee of the crew leader if:	982

(a) The crew leader holds a valid certificate of	983
registration under the "Farm Labor Contractor Registration Act of	984
1963," 90 Stat. 2668, 7 U.S.C. 2041; or	985

(b) Substantially all the members of the crew operate or	986
maintain tractors, mechanized harvesting or crop-dusting	987
equipment, or any other mechanized equipment, which is provided by	988
the crew leader; and	989

(c) If the individual is not in the employment of the other	990
employer or farm operator within the meaning of division (B)(1) of	991
this section.	992

(3) For the purposes of this division, any individual who is	993
furnished by a crew leader to perform service in agricultural	994
labor for any other employer or farm operator and who is not	995
treated as in the employment of the crew leader under division	996
(BB)(2) of this section shall be treated as the employee of the	997
other employer or farm operator and not of the crew leader. The	998
other employer or farm operator shall be treated as having paid	999
cash remuneration to the individual in an amount equal to the	1000
amount of cash remuneration paid to the individual by the crew	1001
leader, either on the crew leader's own behalf or on behalf of the	1002
other employer or farm operator, for the service in agricultural	1003
labor performed for the other employer or farm operator.	1004

(CC) "Educational institution" means an institution other	1005
than an institution of higher education as defined in division (Y)	1006
of this section which:	1007

(1) Offers participants, trainees, or students an organized	1008
course of study or training designed to transfer to them	1009
knowledge, skills, information, doctrines, attitudes, or abilities	1010
from, by, or under the guidance of an instructor or teacher; and	1011

(2) Is approved, chartered, or issued a permit to operate as	1012
a school by the state board of education or other government	1013
agency that is authorized within the state to approve, charter, or	1014
issue a permit for the operation of a school.	1015

For the purposes of this division, the courses of study or	1016
training which the institution offers may be academic, technical,	1017
trade, or preparation for gainful employment in a recognized	1018
occupation.	1019

Sec. 4141.06.  There is hereby created an unemployment	1020
compensation review commission consisting of three full-time	1021
members appointed by the governor, with the advice and consent of	1022
the senate. Terms of office shall be staggered and shall be for	1023
six years, commencing on the twenty-eighth day of February and	1024
ending on the twenty-seventh day of February. Each member shall	1025
hold office from the date of appointment until the end of the term	1026
for which the member was appointed. Any member appointed to fill	1027
a vacancy occurring prior to the expiration of the term for which	1028
the member's predecessor was appointed shall hold office for the	1029
remainder of such term. Any member shall continue in office	1030
subsequent to the expiration date of the member's term until the	1031
member's successor takes office, or until a period of sixty days	1032
has elapsed, whichever occurs first. The chairperson of the	1033
commission and each member shall be paid a salary fixed pursuant	1034
to section 124.14 of the Revised Code. The governor, at any time,	1035
may remove any member for inefficiency, neglect of duty,	1036
malfeasance, misfeasance, or nonfeasance in office.	1037

Not more than one of the appointees to the commission shall	1038
be a person who, on account of the appointee's previous vocation,	1039
employment, or affiliations, can be classed as a representative of	1040
employers, and not more than one of the appointees shall be a	1041
person who, on account of the appointee's previous vocation,	1042
employment, or affiliations, can be classed as a representative of	1043
employees. Not more than two of the members of the commission	1044
shall belong to the same political party. No member of the	1045
commission shall hold any position of trust or profit or engage in	1046
any occupation or business interfering or inconsistent with the	1047
member's duties as a member and no member shall serve on any	1048
committee of any political party. The commission shall elect a	1049
chairperson and a vice-chairperson. The vice-chairperson shall	1050
exercise the powers of the chairperson in the chairperson's	1051
absence.	1052

No commission member shall participate in the disposition of	1053
any appeal in which the member has an interest in the controversy.	1054
Challenges to the interest of any commission member may be made by	1055
any interested party defined in division (I) of section 4141.01 of	1056
the Revised Code and shall be in writing. All challenges shall be	1057
decided by the chairperson of the advisory council, who, if the	1058
challenge is found to be well taken, shall advise the governor,	1059
who shall appoint a member of the advisory council representing	1060
the same affiliations to act and receive the same compensation for	1061
serving in place of such member.	1062

The commission may appoint a secretary to hold office at its	1063
pleasure. The secretary shall have such powers and shall perform	1064
such duties as the commission prescribes and shall keep a record	1065
of the proceedings of the commission and of its determinations.	1066
The secretary shall receive a salary fixed pursuant to section	1067
124.14 of the Revised Code. Notwithstanding division (A)(8) of	1068
section 124.11 of the Revised Code, each member of the commission	1069
may appoint a private secretary who shall be in the classified	1070
service of the state and hold office at the pleasure of such	1071
member.	1072

Two members of the commission constitute a quorum and no	1073
action of the commission is valid unless it has the concurrence of	1074
at least two members. A vacancy on the commission does not impair	1075
the right of a quorum to exercise all the rights and perform all	1076
the duties of the commission.	1077

Hearings before the commission are held at the hearing	1078
officer level and the review level. Unless otherwise provided in	1079
this chapter, initial hearings involving claims for compensation	1080
and other unemployment compensation issues are conducted at the	1081
hearing officer level by hearing officers appointed by the	1082
commission. Hearings at the review level are conducted by hearing	1083
officers appointed by the commission, by members of the commission	1084
acting either individually or collectively, and by members of the	1085
commission and hearing officers acting jointly. In all hearings	1086
conducted at the review level, the commission shall designate the	1087
hearing officer or officers who are to conduct the hearing. When	1088
the term "hearing officer" is used in reference to hearings	1089
conducted at the review level, the term includes members of the	1090
commission. All decisions issued at the review level are issued	1091
by the commission.	1092

The commission and its hearing officers shall hear appeals	1093
arising from determinations of the director of job and family	1094
services involving claims for compensation and other unemployment	1095
compensation issues. The commission shall adopt, amend, or	1096
rescind rules of procedure, and undertake such investigations, and	1097
take such action required for the hearing and disposition of	1098
appeals as it deems necessary and consistent with this chapter.	1099
The rules adopted by the commission shall be effective to the	1100
extent that the rules are consistent with this chapter.	1101

The commission, subject to Chapter 124. of the Revised Code,	1102
and with the approval of the governor, shall appoint such hearing	1103
officers as are necessary. The hearing officers shall be	1104
classified by the department of administrative services. Any	1105
promotions or increases in compensation of the hearing officers	1106
may be recommended by the commission subject to classifications	1107
which are made by the department of administrative services. The	1108
members of the commission and hearing officers may conduct	1109
hearings for unemployment compensation appeals coming before the	1110
commission. The members and hearing officers may exercise all	1111
powers provided by section 4141.17 of the Revised Code.	1112

The commission, subject to Chapter 124. of the Revised Code,	1113
may employ such support personnel as are needed to carry out the	1114
duties of the commission. The salaries of such employees are	1115
fixed pursuant to section 124.14 of the Revised Code. The	1116
commission shall further provide itself and its employees with	1117
such offices, equipment, and supplies as are necessary, using	1118
those already provided for the department of job and family	1119
services wherever possible.	1120

The commission shall have access to only the records of the	1121
department of job and family services that are necessary for the	1122
administration of this chapter and needed in the performance of	1123
its official duties. The commission shall have the right to	1124
request of the director necessary information from any work unit	1125
of the department having that information.	1126

The commission shall prepare and submit to the director an	1127
annual budget financing the costs necessary to administer its	1128
duties under this chapter. The fund request shall relate to, but	1129
not be limited to, the United States department of labor's	1130
allocations for the commission's functions. The director shall	1131
approve the commission's request unless funds are insufficient to	1132
finance the request. The director shall notify the commission of	1133
the amount of funds available for its operation, as soon as	1134
possible, but not later than thirty days after receiving the	1135
allocation from the United States department of labor.	1136

In the event that the director determines that sufficient	1137
funds are not available to approve the request as submitted and a	1138
revised budget is not agreed to within thirty days of the	1139
director's notification to the commission, the director of budget	1140
and management shall review and determine the funding levels for	1141
the commission and notify the commission and the director of the	1142
determination by the director of budget and management.	1143

Sec. 4141.162.  (A) The director of job and family services	1144
shall establish an income and eligibility verification system that	1145
complies with section 1137 of the "Social Security Act." The	1146
programs included in the system are all of the following:	1147

(1) Unemployment compensation pursuant to section 3304 of	1148
the "Internal Revenue Code of 1954";	1149

(2) The state programs funded in part under part A of Title	1150
IV of the "Social Security Act" and administered under Chapters	1151
5107. and 5108. of the Revised Code;	1152

(3) Medicaid pursuant to Title XIX of the "Social Security	1153
Act";	1154

(4) Food stamps pursuant to the "Food Stamp Act of 1977," 91	1155
Stat. 958, 7 U.S.C.A. 2011, as amended;	1156

(5) Any Ohio program under a plan approved under Title I, X,	1157
XIV, or XVI of the "Social Security Act."	1158

Wage information provided by employers to the director shall	1159
be furnished to the income and eligibility verification system.	1160
Such information shall be used by the director to determine	1161
eligibility of individuals for unemployment compensation benefits	1162
and the amount of those benefits and used by the agencies that	1163
administer the programs identified in divisions (A)(2) to (5) of	1164
this section to determine or verify eligibility for or the amount	1165
of benefits under those programs.	1166

The director shall fully implement the use of wage	1167
information to determine eligibility for and the amount of	1168
unemployment compensation benefits by September 30, 1988.	1169

Information furnished under the system shall also be made	1170
available to the appropriate state or local child support	1171
enforcement agency for the purposes of an approved plan under	1172
Title IV-D of the "Social Security Act" and to the appropriate	1173
federal agency for the purposes of Titles II and XVI of the	1174
"Social Security Act."	1175

(B) The director shall adopt rules as necessary under which	1176
the department of job and family services and other state agencies	1177
that the director determines must participate in order to ensure	1178
compliance with section 1137 of the "Social Security Act" exchange	1179
information with each other or authorized federal agencies about	1180
individuals who are applicants for or recipients of benefits under	1181
any of the programs enumerated in division (A) of this section.	1182
The rules shall extend to all of the following:	1183

(1) A requirement for standardized formats and procedures	1184
for a participating agency to request and receive information	1185
about an individual, which information shall include the	1186
individual's social security number;	1187

(2) A requirement that all applicants for and recipients of	1188
benefits under any program enumerated in division (A) of this	1189
section be notified at the time of application, and periodically	1190
thereafter, that information available through the system may be	1191
shared with agencies that administer other benefit programs and	1192
utilized in establishing or verifying eligibility or benefit	1193
amounts under the other programs enumerated in division (A) of	1194
this section;	1195

(3) A requirement that information is made available only to	1196
the extent necessary to assist in the valid administrative needs	1197
of the program receiving the information and is targeted for use	1198
in ways which are most likely to be productive in identifying and	1199
preventing ineligibility and incorrect payments;	1200

(4) A requirement that information is adequately protected	1201
against unauthorized disclosures for purposes other than to	1202
establish or verify eligibility or benefit amounts under the	1203
programs enumerated in division (A) of this section;	1204

(5) A requirement that a program providing information is	1205
reimbursed by the program using the information for the actual	1206
costs of furnishing the information and that the director be	1207
reimbursed by the participating programs for any actual costs	1208
incurred in operating the system;	1209

(6) Requirements for any other matters necessary to ensure	1210
the effective, efficient, and timely exchange of necessary	1211
information or that the director determines must be addressed in	1212
order to ensure compliance with the requirements of section 1137	1213
of the "Social Security Act."	1214

(C) Each participating agency shall furnish to the income	1215
and eligibility verification system established in division (A) of	1216
this section that information, which the director, by rule,	1217
determines is necessary in order to comply with section 1137 of	1218
the "Social Security Act."	1219

(D) Notwithstanding the information disclosure requirements	1220
of this section and section 4141.21 and division (A) of section	1221
4141.282 4141.284 of the Revised Code, the director shall	1222
administer those provisions of law so as to comply with section	1223
1137 of the "Social Security Act."	1224

(E) Requirements in section 4141.21 of the Revised Code with	1225
respect to confidentiality of information obtained in the	1226
administration of Chapter 4141. of the Revised Code and any	1227
sanctions imposed for improper disclosure of such information	1228
shall apply to the redisclosure of information disclosed under	1229
this section.	1230

Sec. 4141.20.  (A) Every employer, including those not	1231
otherwise subject to this chapter, shall furnish the director of	1232
job and family services upon request all information required by	1233
the director to carry out the requirements of this chapter. Every	1234
employer receiving from the director any blank with direction to	1235
fill it out shall cause it to be properly filled out, in the	1236
manner prescribed by the director, so as to answer fully and	1237
correctly all questions therein propounded, and shall furnish all	1238
the information therein sought, or, if unable to do so, that	1239
employer shall give the director in writing good and sufficient	1240
reason for such failure.	1241

The director may require that such information be verified	1242
under oath and returned to the director within the period fixed by	1243
the director or by law. The director or any person employed by	1244
the director for that purpose may examine under oath any such	1245
employer, or the officer, agent, or employee of that employer, for	1246
the purpose of ascertaining any information that the employer is	1247
required by this chapter to furnish to the director. Any employer	1248
who fails to furnish information as is required by the director	1249
under authority of this section shall forfeit five hundred dollars	1250
to be collected in a civil action brought against the employer in	1251
the name of the state.	1252

(B) Effective with the calendar quarter beginning April 1,	1253
1987, every contributory employer shall file a quarterly	1254
contribution report and a quarterly report of wages. The	1255
quarterly reports shall be filed no later than the last day of the	1256
first month following the close of the calendar quarter for which	1257
the quarterly reports are being filed. The employer shall enter	1258
on the quarterly contribution report the total and taxable	1259
remuneration paid to all employees during the quarter. The	1260
employer shall enter on the quarterly report of wages the name and	1261
social security number of each individual employed during the	1262
calendar quarter, the total remuneration paid the individual, the	1263
number of weeks during the quarter for which the individual was	1264
paid remuneration, and any other information as required by	1265
section 1137 of the "Social Security Act." The director shall	1266
furnish the form or forms on which the quarterly reports are to be	1267
submitted or the employer may use other methods of reporting,	1268
including electronic information transmission methods, as approved	1269
by the director.	1270

Effective until the calendar quarter beginning January 1,	1271
1993, in case of failure to file the quarterly contribution report	1272
or the report of wages containing all the required contribution	1273
and wage information within the time prescribed by this section,	1274
there shall be assessed a forfeiture amounting to ten per cent of	1275
the contributions due; provided such forfeiture shall not be less	1276
than twenty-five nor more than two hundred fifty dollars. The	1277
director may waive the forfeiture only with respect to the report	1278
of wages, and the waiver may be approved only if the employer	1279
shows good cause for failure to file the required information.	1280

Effective with the calendar quarter beginning January 1,	1281
1993, in case of failure to file the quarterly contribution report	1282
containing all the required information within the time prescribed	1283
by this section, there shall be assessed a forfeiture amounting to	1284
twenty-five one-hundredths of one per cent of the total	1285
remuneration paid by the employer, provided such forfeiture shall	1286
not be less than thirty nor more than five hundred dollars per	1287
quarterly contribution report. The director may waive the	1288
forfeiture only if the employer provides to the director a written	1289
statement showing good cause for failure to file the required	1290
quarterly contribution report.	1291

Effective with the calendar quarter beginning January 1,	1292
1993, in case of failure to file the quarterly report of wages	1293
containing all the required information within the time prescribed	1294
by this section, there shall be assessed a forfeiture amounting to	1295
twenty-five one-hundredths of one per cent of the total	1296
remuneration paid by the employer, provided such forfeiture shall	1297
be not less than thirty nor more than five hundred dollars per	1298
quarterly report of wages. The director may waive the forfeiture	1299
only if the employer provides to the director a written statement	1300
showing good cause for failure to file the required quarterly	1301
report of wages.	1302

(C) Effective with the calendar quarter beginning April 1,	1303
1987, every employer liable for payments in lieu of contributions	1304
shall file a quarterly payroll report and a quarterly report of	1305
wages. The employer shall file the quarterly reports no later	1306
than the last day of the first month following the close of the	1307
calendar quarter for which the quarterly reports are being filed.	1308
The employer shall enter on the quarterly payroll report the total	1309
remuneration paid to all employees during the quarter and the	1310
total wages that would have been taxable had the employer been	1311
subject to contributions. The employer shall enter on the	1312
quarterly report of wages the name and social security number of	1313
each individual employed during the calendar quarter, the total	1314
remuneration paid the individual, the number of weeks during the	1315
quarter for which the individual was paid remuneration, and any	1316
other information as required by section 1137 of the "Social	1317
Security Act." The director shall furnish the form or forms on	1318
which the quarterly reports are to be submitted or the employer	1319
may use other methods of reporting, including electronic	1320
information transmission methods, as approved by the	1321
administrator.	1322

Effective until the calendar quarter beginning January 1,	1323
1993, in case of failure to file the quarterly payroll report or	1324
the report of wages containing all of the required payroll or wage	1325
information within the time prescribed by this section, the	1326
employer shall be assessed a forfeiture of twenty-five dollars per	1327
report. The director may waive the forfeiture only with respect	1328
to the report of wages, and such waiver may be approved only if	1329
the employer shows good cause for failure to file the required	1330
information.	1331

Effective with the calendar quarter beginning January 1,	1332
1993, in case of failure to file the quarterly payroll report	1333
containing all the required wage information within the time	1334
prescribed by this section, the employer shall be assessed a	1335
forfeiture amounting to twenty-five one-hundredths of one per cent	1336
of the total remuneration paid by the employer, provided such	1337
forfeiture shall not be less than thirty nor more than five	1338
hundred dollars per quarterly payroll report. The director may	1339
waive the forfeiture only if the employer provides to the director	1340
a written statement showing good cause for failure to file the	1341
required quarterly payroll report.	1342

Effective with the calendar quarter beginning January 1,	1343
1993, in case of failure to file the quarterly report of wages	1344
containing all the required information within the time prescribed	1345
by this section, there shall be assessed a forfeiture amounting to	1346
twenty-five one-hundredths of one per cent of the total	1347
remuneration paid by the employer, provided such forfeiture shall	1348
be not less than thirty nor more than five hundred dollars per	1349
quarterly report of wages. The director may waive the forfeiture	1350
only if the employer provides to the director a written statement	1351
showing good cause for failure to file the required quarterly	1352
report of wages.	1353

(D) Effective with the calendar quarter beginning January 1,	1354
2002, every contributory employer shall file a quarterly	1355
contribution and wage report. The quarterly report shall be filed	1356
not later than the last day of the first month following the close	1357
of the calendar quarter for which the quarterly report is being	1358
filed. The employer shall enter on the quarterly report the total	1359
and taxable remuneration paid to all employees during the quarter,	1360
the name and social security number of each individual employed	1361
during the calendar quarter, the total remuneration paid the	1362
individual, the number of weeks during the quarter for which the	1363
individual was paid remuneration, and any other information as	1364
required by section 1137 of the "Social Security Act."	1365

Effective with the calendar quarter beginning January 1,	1366
2002, in case of failure to properly file the quarterly	1367
contribution and wage report containing all the required	1368
contribution and wage information within the time prescribed by	1369
this section, the director shall assess a forfeiture amounting to	1370
twenty-five one-hundredths of one per cent of the total	1371
remuneration reported by the employer, provided such forfeiture	1372
shall not be less than fifty nor more than one thousand dollars.	1373

(E) Effective with the calendar quarter beginning January 1,	1374
2002, every employer liable for payments in lieu of contributions	1375
shall file a quarterly payroll and wage report. The quarterly	1376
report shall be filed not later than the last day of the first	1377
month following the close of the calendar quarter for which the	1378
quarterly report is being filed. The employer shall enter on the	1379
quarterly report the total remuneration paid to all employees	1380
during the quarter, the total wages that would have been taxable	1381
had the employer been subject to contributions, the name and	1382
social security number of each individual employed during the	1383
calendar quarter, the total remuneration paid the individual, the	1384
number of weeks during the quarter for which the individual was	1385
paid remuneration, and any other information as required by	1386
section 1137 of the "Social Security Act."	1387

Effective with the calendar quarter beginning January 1,	1388
2002, in case of failure to properly file the quarterly payroll	1389
and wage report containing all the required payroll and wage	1390
information within the time prescribed by this section, the	1391
director shall assess a forfeiture amounting to twenty-five	1392
one-hundredths of one per cent of the total remuneration reported	1393
by the employer, provided such forfeiture shall not be less than	1394
fifty nor more than one thousand dollars.	1395

(F) The director may waive a forfeiture assessed under	1396
division (D) or (E) of this section if the employer provides to	1397
the director, within four years after the date the forfeiture was	1398
assessed, a written statement showing good cause for failure to	1399
properly file the required information.	1400

(G) The director shall furnish the form or forms on which	1401
quarterly reports required under this section are to be submitted,	1402
or the employer may use other methods of reporting, including	1403
electronic information transmission methods, as approved by the	1404
director.	1405

(H) All forfeitures required by this section shall be paid	1406
into the unemployment compensation special administrative fund as	1407
provided in section 4141.11 of the Revised Code.	1408

Sec. 4141.24.  (A)(1) The director of job and family	1409
services shall maintain a separate account for each employer and,	1410
except as otherwise provided in division (B) of section 4141.25 of	1411
the Revised Code respecting mutualized contributions, shall credit	1412
such employer's account with all the contributions, or payments in	1413
lieu of contributions, which the employer has paid on the	1414
employer's own behalf.	1415

(2) If, as of the computation date, a contributory	1416
employer's account shows a negative balance computed as provided	1417
in division (A)(3) of section 4141.25 of the Revised Code, less	1418
any contributions due and unpaid on such date, which negative	1419
balance is in excess of the limitations imposed by divisions	1420
(A)(2)(a), (b), and (c) of this section and if the employer's	1421
account is otherwise eligible for the transfer, then before the	1422
employer's contribution rate is computed for the next succeeding	1423
contribution period, an amount equal to the amount of the excess	1424
eligible for transfer shall be permanently transferred from the	1425
account of such employer and charged to the mutualized account	1426
provided in division (B) of section 4141.25 of the Revised Code.	1427

(a) If as of any computation date, a contributory employer's	1428
account shows a negative balance in excess of ten per cent of the	1429
employer's average annual payroll, then before the employer's	1430
contribution rate is computed for the next succeeding contribution	1431
period, an amount equal to the amount of the excess shall be	1432
transferred from the account as provided in this division. No	1433
contributory employer's account may have any excess transferred	1434
pursuant to division (A)(2)(a) of this section, unless the	1435
employer's account has shown a positive balance for at least two	1436
consecutive computation dates prior to the computation date with	1437
respect to which the transfer is proposed. Each time a transfer	1438
is made pursuant to division (A)(2)(a) of this section, the	1439
employer's account is ineligible for any additional transfers	1440
under that division, until the account shows a positive balance	1441
for at least two consecutive computation dates subsequent to the	1442
computation date of which the most recent transfer occurs pursuant	1443
to division (A)(2)(a), (b), or (c) of this section.	1444

(b) If at the next computation date after the computation	1445
date at which a transfer from the account occurs pursuant to	1446
division (A)(2)(a) of this section, a contributory employer's	1447
account shows a negative balance in excess of fifteen per cent of	1448
the employer's average annual payroll, then before the employer's	1449
contribution rate is computed for the next succeeding contribution	1450
period an amount equal to the amount of the excess shall be	1451
permanently transferred from the account as provided in this	1452
division.	1453

(c) If at the next computation date subsequent to the	1454
computation date at which a transfer from a contributory	1455
employer's account occurs pursuant to division (A)(2)(b) of this	1456
section, the employer's account shows a negative balance in excess	1457
of twenty per cent of the employer's average annual payroll, then	1458
before the employer's contribution rate is computed for the next	1459
succeeding contribution period, an amount equal to the amount of	1460
the excess shall be permanently transferred from the account as	1461
provided in this division.	1462

(d) If no transfer occurs pursuant to division (A)(2)(b) or	1463
(c) of this section, the employer's account is ineligible for any	1464
additional transfers under division (A)(2) until the account	1465
requalifies for a transfer pursuant to division (A)(2)(a) of this	1466
section.	1467

(B) Any employer may make voluntary payments in addition to	1468
the contributions required under this chapter, in accordance with	1469
rules established by the director. Such payments shall be	1470
included in the employer's account as of the computation date,	1471
provided they are received by the director by the thirty-first day	1472
of December following such computation date. Such voluntary	1473
payment, when accepted from an employer, will not be refunded in	1474
whole or in part. In determining whether an employer's account	1475
has a positive balance on two consecutive computation dates and is	1476
eligible for transfers under division (A)(2) of this section, the	1477
director shall exclude any voluntary payments made subsequent to	1478
the last transfer made under division (A)(2) of this section.	1479

(C) All contributions to the fund shall be pooled and	1480
available to pay benefits to any individual entitled to benefits	1481
irrespective of the source of such contributions.	1482

(D)(1) For the purposes of this section and sections	1483
4141.241 and 4141.242 of the Revised Code, an employer's account	1484
shall be charged only for benefits based on remuneration paid by	1485
such employer. Benefits paid to an eligible individual shall be	1486
charged against the account of each employer within the claimant's	1487
base period in the proportion to which wages attributable to each	1488
employer of the claimant bears to the claimant's total base period	1489
wages. Charges to the account of a base period employer with whom	1490
the claimant is employed part-time at the time the claimant's	1491
application for a determination of benefits rights is filed shall	1492
be charged to the mutualized account when all of the following	1493
conditions are met:	1494

(a) The claimant also worked part-time for the employer	1495
during the base period of the claim.	1496

(b) The claimant is unemployed due to loss of other	1497
employment.	1498

(c) The employer is not a reimbursing employer under section	1499
4141.241 or 4141.242 of the Revised Code.	1500

(2) Notwithstanding division (D)(1) of this section, charges	1501
to the account of any employer, including any reimbursing	1502
employer, shall be charged to the mutualized account if it finally	1503
is determined by a court on appeal that the employer's account is	1504
not chargeable for the benefits.	1505

(3) Any benefits paid to a claimant under section 4141.28 of	1506
the Revised Code prior to a final determination of the claimant's	1507
right to the benefits shall be charged to the employer's account	1508
as provided in division (D)(1) of this section, provided that if	1509
there is no final determination of the claim by the subsequent	1510
thirtieth day of June, the employer's account shall be credited	1511
with the total amount of benefits that has been paid prior to that	1512
date, based on the determination that has not become final. The	1513
total amount credited to the employer's account shall be charged	1514
to a suspense account, which shall be maintained as a separate	1515
bookkeeping account and administered as a part of this section,	1516
and shall not be used in determining the account balance of the	1517
employer for the purpose of computing the employer's contribution	1518
rate under section 4141.25 of the Revised Code.	1519

If it is finally determined that the claimant is entitled to	1520
all or a part of the benefits in dispute, the suspense account	1521
shall be credited and the appropriate employer's account charged	1522
with the benefits. If it is finally determined that the claimant	1523
is not entitled to all or any portion of the benefits in dispute,	1524
the benefits shall be credited to the suspense account and a	1525
corresponding charge made to the mutualized account established in	1526
division (B) of section 4141.25 of the Revised Code, provided	1527
that, except as otherwise provided in this section, if benefits	1528
are chargeable to an employer or group of employers who is	1529
required or elects to make payments to the fund in lieu of	1530
contributions under section 4141.241 of the Revised Code, the	1531
benefits shall be charged to the employer's account in the manner	1532
provided in division (D)(1) of this section and division (B) of	1533
section 4141.241 of the Revised Code, and no part of the benefits	1534
may be charged to the suspense account provided in this division.	1535

To the extent that benefits that have been paid to a claimant	1536
and charged to the employer's account are found not to be due the	1537
claimant and are recovered by the director as provided in section	1538
4141.35 of the Revised Code, they shall be credited to the	1539
employer's account.	1540

(4) The director shall notify each employer at least once	1541
each month of the benefits charged to the employer's account since	1542
the last preceding notice; except that for the purposes of	1543
sections 4141.241 and 4141.242 of the Revised Code which provides	1544
the billing of employers on a payment in lieu of a contribution	1545
basis, the director may prescribe a quarterly or less frequent	1546
notice of benefits charged to the employer's account. Such notice	1547
will show a summary of the amount of benefits paid which were	1548
charged to the employer's account. This notice shall not be	1549
deemed a determination of the claimant's eligibility for benefits.	1550
Any employer so notified, however, may file within fifteen days	1551
after the mailing date of the notice, an exception to charges	1552
appearing on the notice on the grounds that such charges are not	1553
in accordance with this section. The director shall promptly	1554
examine the exception to such charges and shall notify the	1555
employer of the director's decision thereon, which decision shall	1556
become final unless appealed to the unemployment compensation	1557
review commission in the manner provided in section 4141.26 of the	1558
Revised Code. For the purposes of this division, an exception is	1559
considered timely filed when it has been received as provided in	1560
division (I)(2) (D)(1) of section 4141.28 4141.281 of the Revised	1561
Code.	1562

(E) The director shall terminate and close the account of	1563
any contributory employer who has been subject to this chapter if	1564
the enterprise for which the account was established is no longer	1565
in operation and it has had no payroll and its account has not	1566
been chargeable with benefits for a period of five consecutive	1567
years. The amount of any positive balance, computed as provided	1568
in division (A)(3) of section 4141.25 of the Revised Code, in an	1569
account closed and terminated as provided in this section shall be	1570
credited to the mutualized account as provided in division	1571
(B)(2)(b) of section 4141.25 of the Revised Code. The amount of	1572
any negative balance, computed as provided in division (A)(3) of	1573
section 4141.25 of the Revised Code, in an account closed and	1574
terminated as provided in this section shall be charged to the	1575
mutualized account as provided in division (B)(1)(b) of section	1576
4141.25 of the Revised Code. The amount of any positive balance	1577
or negative balance, credited or charged to the mutualized account	1578
after the termination and closing of an employer's account, shall	1579
not thereafter be considered in determining the contribution rate	1580
of such employer. The closing of an employer's account as	1581
provided in this division shall not relieve such employer from	1582
liability for any unpaid contributions or payment in lieu of	1583
contributions which are due for periods prior to such closing.	1584

If the director finds that a contributory employer's business	1585
is closed solely because of the entrance of one or more of the	1586
owners, officers, or partners, or the majority stockholder, into	1587
the armed forces of the United States, or any of its allies, or of	1588
the United Nations after July 1, 1950, such employer's account	1589
shall not be terminated and if the business is resumed within two	1590
years after the discharge or release of such persons from active	1591
duty in the armed forces, the employer's experience shall be	1592
deemed to have been continuous throughout such period. The	1593
reserve ratio of any such employer shall be the total	1594
contributions paid by such employer minus all benefits, including	1595
benefits paid to any individual during the period such employer	1596
was in the armed forces, based upon wages paid by the employer	1597
prior to the employer's entrance into the armed forces divided by	1598
the average of the employer's annual payrolls for the three most	1599
recent years during the whole of which the employer has been in	1600
business.	1601

(F) If an employer transfers the employer's business or	1602
otherwise reorganizes such business, the successor in interest	1603
shall assume the resources and liabilities of such employer's	1604
account, and continue the payment of all contributions, or	1605
payments in lieu of contributions, due under this chapter. If an	1606
employer acquires substantially all of the assets in a trade or	1607
business of another employer, or a clearly segregable and	1608
identifiable portion of an employer's enterprise, and immediately	1609
after the acquisition employs in the employer's trade or business	1610
substantially the same individuals who immediately prior to the	1611
acquisition were employed in the trade or business or in the	1612
separate unit of such trade or business of such predecessor	1613
employer, then, upon application to the director signed by the	1614
predecessor employer and the acquiring employer, the employer	1615
acquiring such enterprise is the successor in interest. In the	1616
case of a transfer of a portion of an employer's enterprise, only	1617
that part of the experience with unemployment compensation and	1618
payrolls that is directly attributable to the segregated and	1619
identifiable part shall be transferred and used in computing the	1620
contribution rate of the successor employer on the next	1621
computation date. The director by rule may prescribe procedures	1622
for effecting transfers of experience as provided for in this	1623
section.	1624

(G) For the purposes of this section, two or more employers	1625
who are parties to or the subject of a merger, consolidation, or	1626
other form of reorganization effecting a change in legal identity	1627
or form are deemed to be a single employer if the director finds	1628
that immediately after such change the employing enterprises of	1629
the predecessor employers are continued solely through a single	1630
employer as successor thereto, and immediately after such change	1631
such successor is owned or controlled by substantially the same	1632
interests as the predecessor employers, and the successor has	1633
assumed liability for all contributions required of the	1634
predecessor employers, and the consideration of such two or more	1635
employers as a single employer for the purposes of this section	1636
would not be inequitable.	1637

(H) No rate of contribution less than two and seven-tenths	1638
per cent shall be permitted a contributory employer succeeding to	1639
the experience of another contributory employer pursuant to this	1640
section for any period subsequent to such succession, except in	1641
accordance with rules prescribed by the director, which rules	1642
shall be consistent with federal requirements for additional	1643
credit allowance in section 3303 of the "Internal Revenue Code of	1644
1954" and consistent with this chapter, except that such rules may	1645
establish a computation date for any such period different from	1646
the computation date generally prescribed by this chapter, and may	1647
define "calendar year" as meaning a twelve-consecutive-month	1648
period ending on the same day of the year as that on which such	1649
computation date occurs.	1650

(I) The director may prescribe rules for the establishment,	1651
maintenance, and dissolution of common contribution rates for two	1652
or more contributory employers, and in accordance with such rules	1653
and upon application by two or more employers shall establish such	1654
common rate to be computed by merging the several contribution	1655
rate factors of such employers for the purpose of establishing a	1656
common contribution rate applicable to all such employers.	1657

Sec. 4141.26.  (A) As soon as practicable after the first	1658
day of September but not later than the first day of December of	1659
each year, the director of job and family services shall notify	1660
each employer of the employer's contribution rate as determined	1661
for the next ensuing contribution period pursuant to section	1662
4141.25 of the Revised Code provided the employer has furnished	1663
the director, by the first day of September following the	1664
computation date, with the wage information for all past periods	1665
necessary for the computation of the contribution rate.	1666

(B)(1) In the case of contribution rates applicable to	1667
contribution periods beginning on or before December 31, 1992, if	1668
the employer has not furnished the necessary wage information, the	1669
employer's contribution rate for such contribution period shall be	1670
the maximum rate provided in such section, except that, if the	1671
employer files the necessary wage information by the end of the	1672
thirtieth day following the issuance of the maximum rate notice,	1673
the employer's rate then shall be computed as provided in section	1674
4141.25 of the Revised Code.	1675

(2) In the case of contribution rates applicable to	1676
contribution periods beginning on or after January 1, 1993, and	1677
before January 1, 1995, if the employer has not furnished the	1678
necessary wage information, the employer's contribution rate for	1679
such contribution period shall not be computed as provided in	1680
section 4141.25 of the Revised Code, but instead shall be assigned	1681
at the maximum rate provided in that section, with the following	1682
exceptions:	1683

(a) If the employer files the necessary wage information by	1684
December thirty-first of the year immediately preceding the	1685
contribution period for which the rate is to be effective, the	1686
employer's rate then shall be computed as provided in division (A)	1687
of section 4141.25 of the Revised Code.	1688

(b) The director may waive the maximum contribution rate	1689
assigned pursuant to division (B)(2) of this section if the	1690
employer meets all of the following conditions within thirty days	1691
after the director mails the notice of the maximum contribution	1692
rate assigned pursuant to division (B)(2) of this section:	1693

(i) Provides to the director a written request for waiver of	1694
the maximum contribution rate, clearly demonstrating that failure	1695
to timely furnish the wage information as required by division (A)	1696
of this section was a result of circumstances beyond the control	1697
of the employer or the employer's agent, except that negligence on	1698
the part of the employer shall not be considered beyond the	1699
control of the employer or the employer's agent;	1700

(ii) Furnishes to the director all of the wage information	1701
as required by division (A) of this section and all quarterly	1702
reports due pursuant to section 4141.20 of the Revised Code;	1703

(iii) Pays in full all contributions, payments in lieu of	1704
contributions, interest, forfeiture, and fines for each quarter	1705
for which such payments are due.	1706

(3) In the case of contribution rates applicable to	1707
contribution periods beginning on or after January 1, 1995, if the	1708
employer has not timely furnished the necessary wage information	1709
as required by division (A) of this section, the employer's	1710
contribution rate for such contribution period shall not be	1711
computed as provided in section 4141.25 of the Revised Code, but	1712
instead shall be assigned a contribution rate equal to one hundred	1713
twenty-five per cent of the maximum rate provided in that section,	1714
with the following exceptions:	1715

(a) If the employer files the necessary wage information by	1716
the thirty-first day of December of the year immediately preceding	1717
the contribution period for which the rate is to be effective, the	1718
employer's rate shall be computed as provided in division (A) of	1719
section 4141.25 of the Revised Code;	1720

(b) The director may waive the contribution rate assigned	1721
pursuant to division (B)(3) of this section if the employer meets	1722
all of the following conditions within thirty days after the	1723
director mails to the employer the notice of the contribution rate	1724
assigned pursuant to division (B)(3) of this section:	1725

(i) Provides to the director a written request for waiver of	1726
the contribution rate, clearly demonstrating that the failure to	1727
timely furnish the wage information as required by division (A) of	1728
this section was a result of circumstances beyond the control of	1729
the employer or the employer's agent, except that negligence on	1730
the part of the employer shall not be considered to be beyond the	1731
control of the employer or the employer's agent;	1732

(ii) Furnishes to the director all of the wage information	1733
as required by division (A) of this section and all quarterly	1734
reports due pursuant to section 4141.20 of the Revised Code;	1735

(iii) Pays in full all contributions, payments in lieu of	1736
contributions, interest, forfeiture, and fines for each quarter	1737
for which such payments are due.	1738

(c) The director shall revise the contribution rate of an	1739
employer who has not timely furnished the necessary wage	1740
information as required by division (A) of this section, who has	1741
been assigned a contribution rate pursuant to division (B)(3) of	1742
this section, and who does not meet the requirements of division	1743
(B)(3)(a) or (b) of this section, if the employer furnishes the	1744
necessary wage information to the director within thirty-six	1745
months following the thirty-first day of December of the year	1746
immediately preceding the contribution period for which the rate	1747
is to be effective. The revised rate under division (B)(3)(c) of	1748
this section shall be equal to one hundred twenty per cent of the	1749
contribution rate that would have resulted if the employer had	1750
timely furnished the necessary wage information under division (A)	1751
of this section.	1752

(4) The director shall deny an employer's request for a	1753
waiver of the requirement that the employer's contribution rate be	1754
the maximum rate under division (B)(2)(b) of this section, or be	1755
the rate assigned under division (B)(3)(b) of this section, or for	1756
a revision of the employer's rate as provided in division	1757
(B)(3)(c) of this section if the director finds that the	1758
employer's failure to timely file the necessary wage information	1759
was due to an attempt to evade payment.	1760

(5) The director shall round the contribution rates the	1761
director determines under this division to the nearest tenth of	1762
one per cent.	1763

(C) If, as a result of the computation pursuant to division	1764
(B) of this section, the employer's account shows a negative	1765
balance in excess of the applicable limitations, in that	1766
computation, the excess above applicable limitations shall not be	1767
transferred from the account as provided in division (A)(2) of	1768
section 4141.24 of the Revised Code.	1769

(D) The rate determined pursuant to this section and section	1770
4141.25 of the Revised Code shall become binding upon the employer	1771
unless:	1772

(1) The employer makes a voluntary contribution as provided	1773
in division (B) of section 4141.24 of the Revised Code, whereupon	1774
the director shall issue the employer a revised contribution rate	1775
notice if the contribution changes the employer's rate; or	1776

(2) Within thirty days after the mailing of notice of the	1777
employer's rate or a revision of it to the employer's last known	1778
address or, in the absence of mailing of such notice, within	1779
thirty days after the delivery of such notice, the employer files	1780
an application with the director for reconsideration of the	1781
director's determination of such rate setting forth reasons for	1782
such request. The director shall promptly examine the application	1783
for reconsideration and shall notify the employer of the	1784
director's reconsidered decision, which shall become final unless,	1785
within thirty days after the mailing of such notice by certified	1786
mail, return receipt requested, the employer files an application	1787
for review of such decision with the unemployment compensation	1788
review commission. The commission shall promptly examine the	1789
application for review of the director's decision and shall grant	1790
such employer an opportunity for a fair hearing. The proceeding	1791
at the hearing before the commission shall be recorded in the	1792
means and manner prescribed by the commission. For the purposes	1793
of this division, the review is considered timely filed when it	1794
has been received as provided in division (I)(2)(D)(1) of section	1795
4141.28 4141.281 of the Revised Code.	1796

The employer and the director shall be promptly notified of	1797
the commission's decision, which shall become final unless, within	1798
thirty days after the mailing of notice of it to the employer's	1799
last known address by certified mail, return receipt requested,	1800
or, in the absence of mailing, within thirty days after delivery	1801
of such notice, an appeal is taken by the employer or the director	1802
to the court of common pleas of Franklin county. Such appeal	1803
shall be taken by the employer or the director by filing a notice	1804
of appeal with the clerk of such court and with the commission.	1805
Such notice of appeal shall set forth the decision appealed and	1806
the errors in it complained of. Proof of the filing of such	1807
notice with the commission shall be filed with the clerk of such	1808
court.	1809

The commission, upon written demand filed by the appellant	1810
and within thirty days after the filing of such demand, shall file	1811
with the clerk a certified transcript of the record of the	1812
proceedings before the commission pertaining to the determination	1813
or order complained of, and the appeal shall be heard upon such	1814
record certified to the commission. In such appeal, no additional	1815
evidence shall be received by the court, but the court may order	1816
additional evidence to be taken before the commission, and the	1817
commission, after hearing such additional evidence, shall certify	1818
such additional evidence to the court or it may modify its	1819
determination and file such modified determination, together with	1820
the transcript of the additional record, with the court. After an	1821
appeal has been filed in the court, the commission, by petition,	1822
may be made a party to such appeal. Such appeal shall be given	1823
precedence over other civil cases. The court may affirm the	1824
determination or order complained of in the appeal if it finds,	1825
upon consideration of the entire record, that the determination or	1826
order is supported by reliable, probative, and substantial	1827
evidence and is in accordance with law. In the absence of such a	1828
finding, it may reverse, vacate, or modify the determination or	1829
order or make such other ruling as is supported by reliable,	1830
probative, and substantial evidence and is in accordance with law.	1831
The judgment of the court shall be final and conclusive unless	1832
reversed, vacated, or modified on appeal. An appeal may be taken	1833
from the decision of the court of common pleas of Franklin county.	1834

(E) The appeal provisions of division (D) of this section	1835
apply to all other determinations and orders of the director	1836
affecting the liability of an employer to pay contributions or the	1837
amount of such contributions, determinations respecting	1838
application for refunds of contributions, determinations	1839
respecting applications for classification of employment as	1840
seasonal under section 4141.33 of the Revised Code, and exceptions	1841
to charges of benefits to an employer's account as provided in	1842
division (D) of section 4141.24 of the Revised Code.	1843

(F) The validity of any general order or rule of the	1844
director adopted pursuant to this chapter or of any final order or	1845
action of the unemployment compensation review commission	1846
respecting any such general order or rule may be determined by the	1847
court of common pleas of Franklin county, and such general order,	1848
rule, or action may be sustained or set aside by the court on an	1849
appeal to it which may be taken by any person affected by the	1850
order, rule, or action in the manner provided by law. Such appeal	1851
to the court of common pleas of Franklin county shall be filed	1852
within thirty days after the date such general order, rule, or	1853
action was publicly released by the director or the commission.	1854
Either party to such action may appeal from the court of common	1855
pleas of Franklin county as in ordinary civil cases.	1856

(G) Notwithstanding any determination made in pursuance of	1857
sections 4141.23 to 4141.26 of the Revised Code, no individual who	1858
files a claim for benefits shall be denied the right to a fair	1859
hearing as provided in section 4141.28 4141.281 of the Revised	1860
Code, or the right to have a claim determined on the merits of it.	1861

(H)(1) Notwithstanding division (D) of this section, if the	1862
director finds that an omission or error in the director's records	1863
or employer reporting caused the director to issue an erroneous	1864
determination or order affecting contribution rates, the liability	1865
of an employer to pay contributions or the amount of such	1866
contributions, determinations respecting applications for refunds	1867
of contributions, determinations respecting applications for	1868
classification of seasonal status under section 4141.33 of the	1869
Revised Code, or exceptions to charges of benefits to an	1870
employer's account as provided in division (D) of section 4141.24	1871
of the Revised Code, the director may issue a corrected	1872
determination or order correcting the erroneous determination or	1873
order, except as provided in division (H)(2) of this section.	1874

(2) The director may not issue a corrected determination or	1875
order correcting an erroneous determination or order if both of	1876
the following apply:	1877

(a) The erroneous determination or order was caused solely	1878
by an omission or error of the director;	1879

(b) A correction of the erroneous determination or order	1880
would adversely affect the employer or any of the employers that	1881
were parties in interest to the erroneous determination or order.	1882

A corrected determination or order issued under this division	1883
takes precedence over and renders void the erroneous determination	1884
or order and is appealable as provided in division (D) of this	1885
section.	1886

Sec. 4141.28.

1887

BENEFITS	1888

(A) FILINGS

1889

Applications for determination of benefit rights and claims	1890
for benefits shall be filed with the director of job and family	1891
services. Such applications and claims also may be filed with an	1892
employee of another state or federal agency charged with the duty	1893
of accepting applications and claims for unemployment benefits or	1894
with an employee of the unemployment insurance commission of	1895
Canada.	1896

When an unemployed individual files an application for	1897
determination of benefit rights, the director shall furnish the	1898
individual with an explanation of the individual's appeal rights.	1899
The explanation shall describe clearly the different levels of	1900
appeal and explain where and when each appeal must be filed.	1901

(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS

1902

In filing an application, an individual shall furnish the	1903
director with the name and address of the individual's most recent	1904
separating employer and the individual's statement of the reason	1905
for separation from the employer. The director shall promptly	1906
notify the individual's most recent separating employer of the	1907
filing and request the reason for the individual's unemployment,	1908
unless that notice is not necessary under conditions the director	1909
establishes by rule. The director may request from the individual	1910
or any employer information necessary for the determination of the	1911
individual's right to benefits. The employer shall provide the	1912
information requested within ten working days after the request is	1913
sent. If necessary to ensure prompt determination and payment of	1914
benefits, the director shall base the determination on the	1915
information that is available.	1916

An individual filing an application for determination of	1917
benefit rights shall disclose, at the time of filing, whether or	1918
not the individual owes child support obligations.	1919

(C) MASS LAYOFFS

1920

An employer who lays off or separates within any seven-day	1921
period fifty or more individuals because of lack of work shall	1922
furnish notice to the director of the dates of layoff or	1923
separation and the approximate number of individuals being laid	1924
off or separated. The notice shall be furnished at least three	1925
working days prior to the date of the first day of such layoff or	1926
separation. In addition, at the time of the layoff or separation	1927
the employer shall furnish to the individual and to the director	1928
information necessary to determine the individual's eligibility	1929
for unemployment compensation.	1930

(D) DETERMINATION OF BENEFIT RIGHTS

1931

The director shall promptly examine any application for	1932
determination of benefit rights. On the basis of the information	1933
available to the director under this chapter, the director shall	1934
determine whether or not the application is valid, and if valid,	1935
the date on which the benefit year shall commence and the weekly	1936
benefit amount. The director shall promptly notify the applicant,	1937
employers in the applicant's base period, and any other interested	1938
parties of the determination and the reasons for it. In addition,	1939
the determination issued to the claimant shall include the total	1940
amount of benefits payable. The determination issued to each	1941
chargeable base period employer shall include the total amount of	1942
benefits that may be charged to the employer's account.	1943

(E) CLAIM FOR BENEFITS

1944

The director shall examine the first claim and any additional	1945
claim for benefits. On the basis of the information available,	1946
the director shall determine whether the claimant's most recent	1947
separation and, to the extent necessary, prior separations from	1948
work, allow the claimant to qualify for benefits. Written notice	1949
of the determination granting or denying benefits shall be sent to	1950
the claimant, the most recent separating employer, and any other	1951
employer involved in the determination, except that written notice	1952
is not required to be sent to the claimant if the reason for	1953
separation is lack of work and the claim is allowed.	1954

If the director identifies an eligibility issue, the	1955
director shall send notice to the claimant of the issue identified	1956
and specify the week or weeks involved. The claimant has a	1957
minimum of five business days after the notice is sent to respond	1958
to the information included in the notice, and after the time	1959
allowed as determined by the director, the director shall make a	1960
determination. The claimant's response may include a request for	1961
a fact-finding interview when the eligibility issue is raised by	1962
an informant or source other than the claimant, or when the	1963
eligibility issue, if determined adversely, disqualifies the	1964
claimant for the duration of the claimant's period of	1965
unemployment.	1966

When the determination of a continued claim for benefits	1967
results in a disallowed claim, the director shall notify the	1968
claimant of the disallowance and the reasons for it.	1969

(F) ELIGIBILITY NOTICE

1970

Any base period or subsequent employer of a claimant who has	1971
knowledge of specific facts affecting the claimant's right to	1972
receive benefits for any week may notify the director in writing	1973
of those facts. The director shall prescribe a form for such	1974
eligibility notice, but failure to use the form shall not preclude	1975
the director's examination of any notice.	1976

To be considered valid, an eligibility notice must: contain	1977
in writing, a statement that identifies either a source who has	1978
firsthand knowledge of the information or an informant who can	1979
identify the source; provide specific and detailed information	1980
that may potentially disqualify the claimant; provide the name and	1981
address of the source or the informant; and appear to the director	1982
to be reliable and credible.	1983

An eligibility notice is timely filed if received or	1984
postmarked prior to or within forty-five calendar days after the	1985
end of the week with respect to which a claim for benefits is	1986
filed by the claimant. An employer who timely files a valid	1987
eligibility notice shall be an interested party to the claim for	1988
benefits which is the subject of the notice.	1989

The director shall consider the information contained in the	1990
eligibility notice, together with other available information.	1991
After giving the claimant notice and an opportunity to respond,	1992
the director shall make a determination and inform the notifying	1993
employer, the claimant, and other interested parties of the	1994
determination.	1995

(G) CORRECTED DETERMINATION

1996

If the director finds within the benefit year that a	1997
determination made by the director was erroneous due to an error	1998
in an employer's report or any typographical or clerical error in	1999
the director's determination, or as shown by correct remuneration	2000
information received by the director, the director shall issue a	2001
corrected determination to all interested parties. The corrected	2002
determination shall take precedence over and void the prior	2003
determination of the director. The director shall not issue a	2004
corrected determination when the commission or a court has	2005
jurisdiction with respect to that determination.	2006

(H) EFFECT OF COMMISSION DECISIONS

2007

In making determinations, the director shall follow decisions	2008
of the unemployment compensation review commission which have	2009
become final with respect to claimants similarly situated.	2010

(I) PROMPT PAYMENTS

2011

If benefits are allowed by the director, a hearing officer,	2012
the commission, or a court, the director shall pay benefits	2013
promptly, notwithstanding any further appeal, provided that if	2014
benefits are denied on appeal, of which the parties have notice	2015
and an opportunity to be heard, the director shall withhold	2016
payment of benefits pending a decision on any further appeal.	2017

Sec. 4141.281.

2018

APPEALS

2019

(A) APPEAL FILED

2020

Any party notified of a determination of benefit rights or a	2021
claim for benefits determination may appeal within twenty-one	2022
calendar days after the written determination was sent to the	2023
party or within an extended period as provided under division	2024
(D)(9) of this section.	2025

(B) REDETERMINATION

2026

Within twenty-one days after receipt of the appeal, the	2027
director of job and family services shall issue a redetermination	2028
or transfer the appeal to the unemployment compensation review	2029
commission. A redetermination under this section is appealable in	2030
the same manner as an initial determination by the director.	2031

(C) REVIEW COMMISSION

2032

(1) JURISDICTION

2033

The commission shall provide an opportunity for a fair	2034
hearing to the interested parties of appeals over which the	2035
commission has jurisdiction. The commission has jurisdiction over	2036
an appeal on transfer or on direct appeal to the commission. If	2037
the commission concludes that a pending appeal does not warrant a	2038
hearing, the commission may remand the appeal to the director for	2039
redetermination. The commission retains jurisdiction until the	2040
appeal is remanded to the director or a final decision is issued	2041
and appealed to court, or the time to request a review or to	2042
appeal a decision of a hearing officer or the commission is	2043
expired.	2044

(2) CONDUCT OF HEARINGS

2045

Hearings before the commission are held at the hearing	2046
officer level and the review level. Unless otherwise provided in	2047
this chapter, initial hearings involving claims for compensation	2048
and other unemployment compensation issues are conducted at the	2049
hearing officer level by hearing officers appointed by the	2050
commission. Hearings at the review level are conducted by hearing	2051
officers appointed by the commission, by members of the commission	2052
acting either individually or collectively, and by members of the	2053
commission and hearing officers acting jointly. In all hearings	2054
conducted at the review level, the commission shall designate the	2055
hearing officer or officers who are to conduct the hearing. When	2056
the term "hearing officer" is used in reference to hearings	2057
conducted at the review level, the term includes members of the	2058
commission. All decisions issued at the review level are issued	2059
by the commission.	2060

Provisions contained in the remainder of this paragraph apply	2061
to hearings at both the hearing officer level and the review	2062
level. The principles of due process in administrative hearings	2063
shall be applied to all hearings conducted under the authority of	2064
the commission. In conducting hearings, all hearing officers	2065
shall control the conduct of the hearing, exclude irrelevant or	2066
cumulative evidence, and give weight to the kind of evidence on	2067
which reasonably prudent persons are accustomed to rely in the	2068
conduct of serious affairs. Hearing officers have an affirmative	2069
duty to question parties and witnesses in order to ascertain the	2070
relevant facts and to fully and fairly develop the record. Hearing	2071
officers are not bound by common law or statutory rules of	2072
evidence or by technical or formal rules of procedure. No person	2073
shall impose upon the claimant or the employer any burden of proof	2074
as is required in a court of law. The proceedings at hearings	2075
shall be recorded by mechanical means or otherwise as may be	2076
prescribed by the commission. In the absence of further	2077
proceedings, the record need not be transcribed. After considering	2078
all of the evidence, a hearing officer shall issue a written	2079
decision that sets forth the facts as the hearing officer finds	2080
them to be, cites the applicable law, and gives the reasoning for	2081
the decision.	2082

(3) HEARING OFFICER LEVEL

2083

When an appeal is transferred to the commission by the	2084
director, the commission shall notify all interested parties of	2085
the time and place of the hearing and assign the appeal for a	2086
hearing by a hearing officer. The hearings shall be de novo,	2087
except that the director's file pertaining to a case shall be	2088
included in the record to be considered.	2089

Following a hearing, the hearing officer shall affirm,	2090
modify, or reverse the determination of the director in the manner	2091
that appears just and proper. The hearing officer's written	2092
decision shall be sent to all interested parties. The decision	2093
shall state the right of an interested party to request a review	2094
by the commission.	2095

A request for review shall be filed within twenty-one days	2096
after the decision was sent to the party, or within an extended	2097
period as provided under division (D)(9) of this section. The	2098
hearing officer's decision shall become final unless a request for	2099
review is filed and allowed or the commission removes the appeal	2100
to itself within twenty-one days after the hearing officer's	2101
decision is sent.	2102

(4) REVIEW LEVEL

2103

At the review level, the commission may affirm, modify, or	2104
reverse previous determinations by the director or at the hearing	2105
officer level. At the review level, the commission may affirm,	2106
modify, or reverse a hearing officer's decision or remand the	2107
decision to the hearing officer level for further hearing. The	2108
commission shall consider an appeal at the review level under the	2109
following circumstances: when an appeal is required to be heard	2110
initially at the review level under this chapter; when the	2111
commission on its own motion removes an appeal to itself within	2112
twenty-one days after the hearing officer's decision is sent; when	2113
the assigned hearing officer refers an appeal to the commission	2114
before the hearing officer's decision is sent; or when an	2115
interested party files a request for review with the commission	2116
within twenty-one days after the hearing officer's decision is	2117
sent.	2118

(5) COMMISSION EXAMINATION

2119

The commission shall consider a request for review by an	2120
interested party, including the reasons for the request. The	2121
commission may adopt rules prescribing the methods for requesting	2122
a review. The commission may allow or disallow the request for	2123
review. The disallowance of a request for review constitutes a	2124
final decision by the commission.	2125

(6) REVIEW PROCEDURE

2126

If the commission allows a request for review, the commission	2127
shall notify all interested parties of that fact and provide a	2128
reasonable period of time, as the commission defines by rule, in	2129
which interested parties may file a response. After that period	2130
of time, the commission, based on the record before it, may do one	2131
of the following: affirm the decision of the hearing officer;	2132
provide for the appeal to be heard or reheard at the hearing	2133
officer or review level; provide for the appeal to be heard at the	2134
review level as a potential precedential decision; or provide for	2135
the decision to be rewritten without further hearing at the review	2136
level. When a further hearing is provided or the decision is	2137
rewritten, the commission may affirm, modify, or reverse the	2138
previous decision.	2139

(7) NOTICES

2140

The commission shall send written notice to all interested	2141
parties when it orders an appeal to be heard or reheard. The	2142
notice shall include the reasons for the hearing or rehearing.	2143

(8) PRECEDENTIAL

2144

An appeal the commission identifies as potentially	2145
precedential shall be heard at the review level. In the notice	2146
for that type of hearing, the commission shall notify the	2147
director, all interested parties, and any other parties, as the	2148
commission determines appropriate, that the appeal is designated	2149
as potentially precedential. After the hearing, parties shall be	2150
given the opportunity to submit briefs on the issue or issues	2151
involved. The commission may designate a decision as precedential	2152
after issuing the decision or at any point in the appeal process,	2153
even if the commission does not initially identify the appeal as	2154
potentially precedential.	2155

(9) MASS APPEALS

2156

When the commission determines that it has five appeals	2157
pending that have common facts or common issues, the commission	2158
may transfer the appeals to the review level on its own motion to	2159
be heard as a mass appeal, including appeals from claimants	2160
separated due to a labor dispute, on the condition that there are	2161
fewer than twenty-five claimants involved.	2162

To facilitate a mass hearing, the commission may allow an	2163
authorized agent to accept notice of hearing on behalf of	2164
claimants. An authorized agent may waive this notice of hearing	2165
and also the sending of decisions to individual claimants	2166
represented by the agent.	2167

(D) SPECIAL PROVISIONS

2168

(1) TIMELINESS OF APPEALS

2169

The date of the mailing provided by the director or the	2170
commission is sufficient evidence upon which to conclude that a	2171
determination, redetermination, or decision was sent to the party	2172
on that date. Appeals may be filed with the director, commission,	2173
with an employee of another state or federal agency charged with	2174
the duty of accepting claims, or with the unemployment insurance	2175
commission of Canada. Any timely written notice by an interested	2176
party indicating a desire to appeal shall be accepted.	2177

The director, commission, or authorized agent must receive	2178
the appeal within the specified appeal period in order for the	2179
appeal to be deemed timely filed, except that: if the United	2180
States postal service is used as the means of delivery, the	2181
enclosing envelope must have a postmark date or postal meter	2182
postmark that is on or before the last day of the specified appeal	2183
period; and where the postmark is illegible or missing, the appeal	2184
is timely filed if received not later than the end of the fifth	2185
calendar day following the last day of the specified appeal	2186
period.	2187

The director and the commission may adopt rules pertaining to	2188
alternate methods of filing appeals under this section.	2189

(2) WAIVER

2190

Interested parties may waive, in writing, a hearing at either	2191
the hearing officer or review level. If the parties waive a	2192
hearing, the hearing officer shall issue a decision based on the	2193
evidence of record.	2194

(3) TELEPHONE HEARINGS

2195

Hearing officers may conduct hearings at either the hearing	2196
officer or review level in person or by telephone. The commission	2197
shall adopt rules that designate the circumstances under which	2198
hearing officers may conduct a hearing by telephone or grant a	2199
party to the hearing the opportunity to object to a hearing by	2200
telephone. An interested party whose hearing would be by	2201
telephone may elect to have an in-person hearing, provided that	2202
the party agrees to have the hearing at the time and place the	2203
commission determines pursuant to rule.	2204

(4) EVENING HEARINGS

2205

Where a party requests that a hearing at either the hearing	2206
officer or review level be scheduled in the evening because the	2207
party is employed during the day, the commission shall schedule	2208
the hearing during hours that the party is not employed. If a	2209
conflict concerning a request for an evening hearing and an	2210
in-person hearing arises, the commission shall schedule the	2211
hearing by telephone during evening hours.	2212

(5) NO APPEARANCE -- APPELLANT

2213

For hearings at either the hearing officer or review level,	2214
if the appealing party fails to appear at the hearing, the hearing	2215
officer shall dismiss the appeal. The commission shall vacate the	2216
dismissal upon a showing that written notice of the hearing was	2217
not sent to that party's last known address, or good cause for the	2218
appellant's failure to appear is shown to the commission within	2219
fourteen days after the hearing date.	2220

If the commission finds that the appealing party's reason for	2221
failing to appear does not constitute good cause for failing to	2222
appear, the commission shall send written notice of that finding,	2223
and the appealing party may request a hearing to present testimony	2224
on the issue of good cause for failing to appear. The appealing	2225
party shall file a request for a hearing on the issue of good	2226
cause for failing to appear within ten days after the commission	2227
sends written notice indicating a finding of no good cause for	2228
failing to appear.	2229

(6) NO APPEARANCE -- APPELLEE

2230

For hearings at either the hearing officer or review level,	2231
if the appellee fails to appear at the hearing, the hearing	2232
officer shall proceed with the hearing and shall issue a decision	2233
based on the evidence of record. The commission shall vacate the	2234
decision upon a showing that written notice of the hearing was not	2235
sent to the appellee's last known address, or good cause for the	2236
appellee's failure to appear is shown to the commission within	2237
fourteen days after the hearing date.	2238

(7) AGENT

2239

Any appeal or request for review may be executed on behalf of	2240
any party or any group of claimants by an agent.	2241

(8) COLLATERAL ESTOPPEL

2242

No finding of fact or law, decision, or order of the	2243
director, hearing officer, or the commission under this section or	2244
section 4141.28 of the Revised Code shall be given collateral	2245
estoppel or res judicata effect in any separate or subsequent	2246
judicial, administrative, or arbitration proceeding, other than a	2247
proceeding arising under this chapter.	2248

(9) EXTENSION OF APPEAL PERIODS

2249

The time for filing an appeal or a request for review under	2250
this section or a court appeal under section 4141.282 of the	2251
Revised Code shall be extended in the manner described in the	2252
following four sentences. When the last day of an appeal period	2253
is a Saturday, Sunday, or legal holiday, the appeal period is	2254
extended to the next work day after the Saturday, Sunday, or legal	2255
holiday. When an interested party provides certified medical	2256
evidence stating that the interested party's physical condition or	2257
mental capacity prevented the interested party from filing an	2258
appeal or request for review under this section within the	2259
appropriate twenty-one-day period, the appeal period is extended	2260
to twenty-one days after the end of the physical or mental	2261
condition, and the appeal or request for review is considered	2262
timely filed if filed within that extended period. When an	2263
interested party provides evidence, which evidence may consist of	2264
testimony from the interested party, that is sufficient to	2265
establish that the party did not actually receive the	2266
determination or decision within the applicable appeal period	2267
under this section, and the director or the commission finds that	2268
the interested party did not actually receive the determination or	2269
decision within the applicable appeal period, then the appeal	2270
period is extended to twenty-one days after the interested party	2271
actually receives the determination or decision. When an	2272
interested party provides evidence, which evidence may consist of	2273
testimony from the interested party, that is sufficient to	2274
establish that the party did not actually receive a decision	2275
within the thirty-day appeal period provided in section 4141.282	2276
of the Revised Code, and a court of common pleas finds that the	2277
interested party did not actually receive the decision within that	2278
thirty-day appeal period, then the appeal period is extended to	2279
thirty days after the interested party actually receives the	2280
decision.	2281

Sec. 4141.282.	2282

APPEAL TO COURT

2283

(A) THIRTY-DAY DEADLINE FOR APPEAL

2284

Any interested party, within thirty days after written notice	2285
of the final decision of the unemployment compensation review	2286
commission was sent to all interested parties, may appeal the	2287
decision of the commission to the court of common pleas.	2288

(B) WHERE TO FILE THE APPEAL

2289

An appellant shall file the appeal with the court of common	2290
pleas of the county where the appellant, if an employee, is a	2291
resident or was last employed or, if an employer, is a resident or	2292
has a principal place of business in this state.	2293

(C) PERFECTING THE APPEAL

2294

The timely filing of the notice of appeal shall be the only	2295
act required to perfect the appeal and vest jurisdiction in the	2296
court. The notice of appeal shall identify the decision appealed	2297
from.	2298

(D) INTERESTED PARTIES

2299

The commission shall provide on its final decision the names	2300
and addresses of all interested parties. The appellant shall name	2301
all interested parties as appellees in the notice of appeal. The	2302
director of job and family services is always an interested party	2303
and shall be named as an appellee in the notice of appeal.	2304

(E) SERVICE OF THE NOTICE OF APPEAL

2305

Upon filing the notice of appeal with the clerk of the court,	2306
the clerk shall serve a copy of the notice of appeal upon all	2307
appellees, including the director.	2308

(F) DUTIES OF THE COMMISSION

2309

The commission, within forty-five days after a notice of	2310
appeal is filed, shall file with the clerk a certified transcript	2311
of the record of the proceedings at issue before the commission.	2312
The commission also shall provide a copy of the transcript to the	2313
appellant's attorney or to the appellant, if the appellant is not	2314
represented by counsel, and to any appellee who requests a copy.	2315

(G) COURT BRIEFING SCHEDULES

2316

The court shall provide for the filing of briefs by the	2317
parties, whether by local rule, scheduling order, or otherwise.	2318

(H) REVIEW BY THE COURT OF COMMON PLEAS

2319

The court shall hear the appeal upon receipt of the certified	2320
record provided by the commission. If the court finds that the	2321
decision of the commission was unlawful, unreasonable, or against	2322
the manifest weight of the evidence, it shall reverse, vacate, or	2323
modify the decision, or remand the matter to the commission.	2324
Otherwise, the court shall affirm the decision of the commission.	2325

(I) FAILURE TO FILE APPEAL WITHIN THIRTY DAYS

2326

If an appeal is filed after the thirty-day appeal period, the	2327
court of common pleas shall conduct a hearing to determine whether	2328
the appeal was timely filed under division (D)(9) of section	2329
4141.281 of the Revised Code. At the hearing, additional evidence	2330
may be introduced and oral arguments may be presented regarding	2331
the timeliness of the filing of the appeal.	2332

If the court of common pleas determines that the appeal was	2333
filed within the time allowed, the court shall after that make its	2334
decision on the merits of the appeal. The determination on	2335
timeliness by the court of common pleas may be appealed to the	2336
court of appeals as in civil cases, and such appeal shall be	2337
consolidated with any appeal from the decision by the court of	2338
common pleas on the merits of the appeal.	2339

Sec. 4141.281.        Sec.  .        Sec. 4141.283.  (A) Whenever the director of job	2340
and family services has reason to believe that the unemployment of	2341
twenty-five or more individuals relates to a labor dispute, the	2342
director, within five calendar days after their claims are filed,	2343
shall schedule a hearing concerning the reason for unemployment.	2344
Notice of the hearing shall be sent to all interested parties,	2345
including the duly authorized representative of the parties, as	2346
provided in division (D)(1) of section 4141.28 of the Revised	2347
Code. The hearing date shall be scheduled so as to provide at	2348
least ten days' prior notice of the time and date of the hearing.	2349
A similar hearing, in such cases, may be scheduled when there is a	2350
dispute as to the duration or ending date of the labor dispute.	2351

(B) The director shall appoint a hearing officer to conduct	2352
the hearing of the case under division (A) of this section. The	2353
hearing officer is not bound by common law or statutory rules of	2354
evidence or by technical or formal rules of procedure, but shall	2355
take any steps that are reasonable and necessary to obtain the	2356
facts and determine whether the claimants are entitled to benefits	2357
under the law. The failure of any interested party to appear at	2358
the hearing shall not preclude a decision based upon all the facts	2359
available to the hearing officer. The proceeding at the hearing	2360
shall be recorded by mechanical means or by other means prescribed	2361
by the director. The record need not be transcribed unless an	2362
application for appeal is filed on the decision and the	2363
chairperson of the unemployment compensation review commission	2364
requests a transcript of the hearing within fourteen days after	2365
the application for appeal is received by the commission. The	2366
director shall prescribe rules concerning the conduct of the	2367
hearings and all related matters and appoint an attorney to direct	2368
the operation of this function.	2369

(C) The director shall issue the hearing officer's decisions	2370
and reasons therefor on the case within ten calendar days after	2371
the hearing. The hearing officer's decision issued by the	2372
director is final unless an application for appeal is filed with	2373
the review commission within twenty-one days after the decision	2374
was mailed to all interested parties. The director, within the	2375
twenty-one-day appeal period, may remove and vacate the decision	2376
and issue a revised determination and appeal date.	2377

(D) Upon receipt of the application for appeal, the full	2378
review commission shall review the director's decision, and then	2379
schedule a further hearing on the case, disallow the application	2380
without further hearing, or modify or reverse the director's	2381
decision. The review commission shall review the director's	2382
decision within fourteen days after receipt of the decision or the	2383
receipt of a transcript requested under division (B) of this	2384
section, whichever is later.	2385

(1) When a further hearing is granted, the commission shall	2386
make the director's decision and record of the case, as certified	2387
by the director, a part of the record and shall consider the	2388
director's decision and record in arriving at a decision on the	2389
case. The commission's decision affirming, modifying, or	2390
reversing the director's decision, following the further appeal,	2391
shall be mailed to all interested parties within fourteen days	2392
after the hearing.	2393

(2) A decision to disallow a further appeal or to modify or	2394
reverse the director's decision shall be mailed to all interested	2395
parties within fourteen days after the commission makes the	2396
decision. A disallowance is deemed an affirmation of the	2397
director's decision.	2398

(3) The time limits specified in this section may be	2399
extended by agreement of all interested parties or for cause	2400
beyond the control of the director or the commission.	2401

(E) An appeal of the commission's decision issued under	2402
division (D) of this section may be taken to the court of common	2403
pleas as provided in division (N) of section 4141.28 4141.282 of	2404
the Revised Code.	2405

(F) A labor dispute decision involving fewer than	2406
twenty-five individuals shall be determined under division (D)(1)	2407
of section 4141.28 of the Revised Code, and the review commission	2408
shall determine any appeal from the decision pursuant to division	2409
(M) of that section 4141.281 of the Revised Code and within the	2410
time limits provided in division (D) of this section.	2411

Sec. 4141.282.        Sec.  .        Sec. 4141.284.  (A) When a claim for unemployment	2412
compensation is filed by an individual who owes child support	2413
obligations, the director of job and family services shall notify	2414
the state or local child support enforcement agency enforcing the	2415
obligation only if the claimant has been determined to be eligible	2416
for unemployment compensation.	2417

(B) The director shall deduct and withhold from unemployment	2418
compensation payable to an individual who owes child support	2419
obligations:	2420

(1) Any amount required to be deducted and withheld from the	2421
unemployment compensation pursuant to legal process, as that term	2422
is defined in section 459(i)(5) of the "Social Security Act," as	2423
amended by the "Personal Responsibility and Work Opportunity	2424
Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C. 659, and	2425
properly served upon the director, as described in division (C) of	2426
this section; or	2427

(2) Where division (B)(1) of this section is inapplicable,	2428
in the amount determined pursuant to an agreement submitted to the	2429
director under section 454(19)(B)(i) of the "Social Security Act,"	2430
88 Stat. 2351, 42 U.S.C. 654, as amended, by the state or local	2431
child support enforcement agency; or	2432

(3) If neither division (B)(1) nor (2) of this section is	2433
applicable, then in the amount specified by the individual.	2434

(C) The director shall receive all legal process described	2435
in division (B)(1) of this section from each local child support	2436
enforcement agency, which legal process was issued by the agency	2437
under section 3121.07 of the Revised Code or otherwise was issued	2438
by the agency.	2439

(D) The amount of unemployment compensation subject to being	2440
withheld pursuant to division (B) of this section is that amount	2441
that remains payable to the individual after application of any	2442
recoupment provisions for recovery of overpayments and after	2443
deductions that have been made under this chapter for deductible	2444
income received by the individual.	2445

(E) Any amount deducted and withheld under division (B) of	2446
this section shall be paid to the appropriate state or local child	2447
support enforcement agency in the following manner:	2448

(1) The director shall determine the amounts that are to be	2449
deducted and withheld on a per county basis.	2450

(2) For each county, the director shall forward to the local	2451
child support enforcement agency of the county, the amount	2452
determined for that county under division (E)(1) of this section	2453
for disbursement to the obligees or assignees of such support	2454
obligations.	2455

(F) Any amount deducted and withheld under division (B) of	2456
this section shall for all purposes be treated as if it were paid	2457
to the individual as unemployment compensation and paid by the	2458
individual to the state or local child support agency in	2459
satisfaction of the individual's child support obligations.	2460

(G) This section applies only if appropriate arrangements	2461
have been made for reimbursement by the state or local child	2462
support enforcement agency for the administrative costs incurred	2463
by the director under this section which are associated with or	2464
attributable to child support obligations being enforced by the	2465
state or local child support enforcement agency.	2466

(H) As used in this section:

2467

(1) "Child support obligations" means only obligations that	2468
are being enforced pursuant to a plan described in section 454 of	2469
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as	2470
amended, which has been approved by the United States secretary of	2471
health and human services under part D of Title IV of the "Social	2472
Security Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.	2473

(2) "State child support enforcement agency" means the work	2474
unit within the department of job and family services, or the	2475
state agency of another state, designated as the single state	2476
agency for the administration of the program of child support	2477
enforcement pursuant to part D of Title IV of the "Social Security	2478
Act," 88 Stat. 2351, 42 U.S.C. 651, as amended.	2479

(3) "Local child support enforcement agency" means a child	2480
support enforcement agency or any other agency of a political	2481
subdivision of the state operating pursuant to a plan mentioned in	2482
division (H)(1) of this section.	2483

(4) "Unemployment compensation" means any compensation	2484
payable under this chapter including amounts payable by the	2485
director pursuant to an agreement under any federal law providing	2486
for compensation, assistance, or allowances with respect to	2487
unemployment.	2488

Sec. 4141.283.        Sec.  .        Sec. 4141.285.  Where a claim for benefits is	2489
directly attributable to unemployment caused by a major disaster,	2490
as declared by the president of the United States pursuant to the	2491
"Disaster Relief Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402,	2492
and the individual filing the claim would otherwise have been	2493
eligible for disaster unemployment assistance under that act, then	2494
upon application by the employer, any benefits paid on the claim	2495
shall not be charged to the account of the employer who would have	2496
been charged on that claim but instead shall be charged to the	2497
mutualized account described in section 4141.25 of the Revised	2498
Code, provided that this division is not applicable to an employer	2499
electing reimbursing status under section 4141.241 of the Revised	2500
Code, except reimbursing employers for whom benefit charges are	2501
charged to the mutualized account pursuant to division (D)(2) of	2502
section 4141.24 of the Revised Code.	2503

Sec. 4141.301.  (A) As used in this section, unless the	2504
context clearly requires otherwise:	2505

(1) "Extended benefit period" means a period which:

2506

(a) Begins with the third week after a week for which there	2507
is a state "on" indicator; and	2508

(b) Ends with either of the following weeks, whichever	2509
occurs later:	2510

(i) The third week after the first week for which there is a	2511
state "off" indicator; or	2512

(ii) The thirteenth consecutive week of such period.

2513

Except, that no extended benefit period may begin by reason	2514
of a state "on" indicator before the fourteenth week following the	2515
end of a prior extended benefit period which was in effect with	2516
respect to this state.	2517

(2) There is a "state/on' state 'on' indicator" for this	2518
state for a week if the director of job and family services	2519
determines, in accordance with the regulations of the United	2520
States secretary of labor, that for the period consisting of such	2521
week and the immediately preceding twelve weeks, the rate of	2522
insured unemployment, not seasonally adjusted, under Chapter 4141.	2523
of the Revised Code:	2524

(a) Equaled or exceeded one hundred twenty per cent of the	2525
average of such rates for the corresponding thirteen-week period	2526
ending in each of the preceding two calendar years, and for weeks	2527
beginning before September 25, 1982, equaled or exceeded four per	2528
cent and for weeks beginning after September 25, 1982, equaled or	2529
exceeded five per cent;	2530

(b) For weeks of unemployment beginning after December 31,	2531
1977, and before September 25, 1982, such rate of insured	2532
unemployment:	2533

(i) Met the criteria set forth in division (A)(2)(a) of this	2534
section; or	2535

(ii) Equaled or exceeded five per cent.

2536

(c) For weeks of unemployment beginning after September 25,	2537
1982, such rate of insured unemployment:	2538

(i) Met the criteria set forth in division (A)(2)(a) of this	2539
section; or	2540

(ii) Equaled or exceeded six per cent.

2541

(3) A "state 'off' indicator" exists for the state for a	2542
week if the director determines, in accordance with the	2543
regulations of the United States secretary of labor, that for the	2544
period consisting of such week and the immediately preceding	2545
twelve weeks, the rate of insured unemployment, not seasonally	2546
adjusted, under Chapter 4141. of the Revised Code:	2547

(a) Was less than one hundred twenty per cent of the average	2548
of such rates for the corresponding thirteen-week period ending in	2549
each of the preceding two calendar years, or for weeks beginning	2550
before September 25, 1982, was less than four per cent and for	2551
weeks beginning after September 25, 1982, was less than five per	2552
cent;	2553

(b) For weeks of unemployment beginning after December 31,	2554
1977 and before September 25, 1982, such rate of insured	2555
unemployment:	2556

(i) Was less than five per cent; and

2557

(ii) Met the criteria set forth in division (A)(3)(a) of	2558
this section.	2559

(c) For weeks of unemployment beginning after September 25,	2560
1982, such rate of insured unemployment:	2561

(i) Was less than six per cent; and

2562

(ii) Met the criteria set forth in division (A)(3)(a) of	2563
this section.	2564

(4) "Rate of insured unemployment," for purposes of	2565
divisions (A)(2) and (3) of this section, means the percentage	2566
derived by dividing:	2567

(a) The average weekly number of individuals filing claims	2568
for regular compensation in this state for weeks of unemployment	2569
with respect to the most recent thirteen-consecutive-week period,	2570
as determined by the director on the basis of the director's	2571
reports to the United States secretary of labor, by	2572

(b) The average monthly employment covered under Chapter	2573
4141. of the Revised Code, for the first four of the most recent	2574
six completed calendar quarters ending before the end of such	2575
thirteen-week period.	2576

(5) "Regular benefits" means benefits payable to an	2577
individual, as defined in division (C) of section 4141.01 of the	2578
Revised Code, or under any other state law, including dependents'	2579
allowance and benefits payable to federal civilian employees and	2580
to ex-servicepersons pursuant to the "Act of September 6, 1966,"	2581
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and	2582
additional benefits as defined in division (A)(10) of this	2583
section.	2584

(6) "Extended benefits" means benefits, including benefits	2585
payable to federal civilian employees and to ex-servicepersons	2586
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5	2587
U.S.C.A. 8501, and additional benefits, payable to an individual	2588
under the provisions of this section for weeks of unemployment in	2589
the individual's eligibility period.	2590

(7) "Eligibility period" of an individual means the period	2591
consisting of the weeks in the individual's benefit year which	2592
begin in an extended benefit period and, if the individual's	2593
benefit year ends within the extended benefit period, any weeks	2594
thereafter which begin in the period.	2595

(8) "Exhaustee" means an individual who, with respect to any	2596
week of unemployment in the individual's eligibility period:	2597

(a) Has received prior to the week, all of the regular	2598
benefits that were available to the individual under Chapter 4141.	2599
of the Revised Code, or any other state law, including dependents'	2600
allowance and benefits payable to federal civilian employees and	2601
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	2602
585, 5 U.S.C.A. 8501, in the individual's current benefit year	2603
that includes the week;	2604

(b) Has received, prior to the week, all of the regular	2605
benefits that were available to the individual under this chapter	2606
or any other state law, including dependents' allowances and	2607
regular benefits available to federal civilian employees and	2608
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	2609
585, 5 U.S.C.A. 8501, in the individual's current benefit year	2610
that includes the week, after the cancellation of some or all of	2611
the individual's wage credits or the total or partial reduction of	2612
the individual's right to regular benefits, provided that, for the	2613
purposes of divisions (A)(8)(a) and (8)(b) of this section, an	2614
individual shall be deemed to have received in the individual's	2615
current benefit year all of the regular benefits that were either	2616
payable or available to the individual even though:	2617

(i) As a result of a pending appeal with respect to wages or	2618
employment, or both, that were not included in the original	2619
monetary determination with respect to the individual's current	2620
benefit year, the individual may subsequently be determined to be	2621
entitled to more regular benefits, or	2622

(ii) By reason of section 4141.33 of the Revised Code, or	2623
the seasonal employment provisions of another state law, the	2624
individual is not entitled to regular benefits with respect to the	2625
week of unemployment, although the individual may be entitled to	2626
regular benefits with respect to future weeks of unemployment in	2627
either the next season or off season in the individual's current	2628
benefit year, and the individual is otherwise an "exhaustee"	2629
within the meaning of this section with respect to the right to	2630
regular benefits under state law seasonal employment provisions	2631
during either the season or off season in which that week of	2632
unemployment occurs, or	2633

(iii) Having established a benefit year, no regular benefits	2634
are payable to the individual during the year because the	2635
individual's wage credits were cancelled or the individual's right	2636
to regular benefits was totally reduced as the result of the	2637
application of a disqualification; or	2638

(c) The individual's benefit year having expired prior to	2639
the week, has no, or insufficient, wages or weeks of employment on	2640
the basis of which the individual could establish in any state a	2641
new benefit year that would include the week, or having	2642
established a new benefit year that includes the week, the	2643
individual is precluded from receiving regular benefits by reason	2644
of a state law which meets the requirements of section 3304 (a)(7)	2645
of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A.	2646
3301 to 3311; and	2647

(i) Has no right for the week to unemployment benefits or	2648
allowances, as the case may be, under the Railroad Unemployment	2649
Insurance Act, the Trade Act of 1974, and other federal laws as	2650
are specified in regulations issued by the United States secretary	2651
of labor; and	2652

(ii) Has not received and is not seeking for the week	2653
unemployment benefits under the unemployment compensation law of	2654
the Virgin Islands, prior to the day after that on which the	2655
secretary of labor approves the unemployment compensation law of	2656
the Virgin Islands, or of Canada; or if the individual is seeking	2657
benefits and the appropriate agency finally determines that the	2658
individual is not entitled to benefits under the law for the week.	2659

(9) "State law" means the unemployment insurance law of any	2660
state, approved by the United States secretary of labor under	2661
section 3304 of the Internal Revenue Code of 1954.	2662

(10) "Additional benefits" means benefits totally financed	2663
by a state and payable to exhaustees by reason of high	2664
unemployment or by reason of other special factors under the	2665
provisions of any state law.	2666

(B) Except when the result would be inconsistent with the	2667
other provisions of this section, as provided in the regulations	2668
of the director, the provisions of Chapter 4141. of the Revised	2669
Code, which apply to claims for, or the payment of, regular	2670
benefits, shall apply to claims for, and the payment of, extended	2671
benefits.	2672

(C) Any individual shall be eligible to receive extended	2673
benefits with respect to any week of unemployment in the	2674
individual's eligibility period only if the director finds that,	2675
with respect to such week:	2676

(1) The individual is an "exhaustee" as defined in division	2677
(A)(8) of this section; and	2678

(2) The individual has satisfied the requirements of Chapter	2679
4141. of the Revised Code, for the receipt of regular benefits	2680
that are applicable to individuals claiming extended benefits,	2681
including not being subject to a disqualification for the receipt	2682
of benefits.	2683

(D) The weekly extended benefit amount payable to an	2684
individual for a week of total unemployment in the individual's	2685
eligibility period shall be the same as the weekly benefit amount	2686
payable to the individual during the individual's applicable	2687
benefit year.	2688

(E) The total extended benefit amount payable to any	2689
eligible individual with respect to the individual's applicable	2690
benefit year shall be the lesser of the following amounts:	2691

(1) Fifty per cent of the total amount of regular benefits,	2692
including dependents' allowances which were payable to the	2693
individual under Chapter 4141. of the Revised Code, in the	2694
individual's applicable benefit year;	2695

(2) Thirteen times the individual's weekly benefit amount,	2696
including dependents' allowances, which was payable to the	2697
individual under Chapter 4141. of the Revised Code, for a week of	2698
total unemployment in the applicable benefit year; provided, that	2699
in making the computation under divisions (E)(1) and (2) of this	2700
section, any amount which is not a multiple of one dollar shall be	2701
rounded to the next lower multiple of one dollar.	2702

(F)(1) Except as provided in division (F)(2) of this	2703
section, an individual eligible for extended benefits pursuant to	2704
an interstate claim filed in any state under the interstate	2705
benefit payment plan shall not be paid extended benefits for any	2706
week in which an extended benefit period is not in effect in such	2707
state.	2708

(2) Division (F)(1) of this section does not apply with	2709
respect to the first two weeks for which extended compensation is	2710
payable to an individual, as determined without regard to this	2711
division, pursuant to an interstate claim filed under the	2712
interstate benefit payment plan from the total extended benefit	2713
amount payable to that individual in the individual's applicable	2714
benefit year.	2715

(3) Notwithstanding any other provisions of this section, if	2716
the benefit year of any individual ends within an extended benefit	2717
period, the remaining balance of extended benefits that the	2718
individual would, but for this section, be entitled to receive in	2719
that extended benefit period, with respect to weeks of	2720
unemployment beginning after the end of the benefit year, shall be	2721
reduced, but not below zero, by the product of the number of weeks	2722
for which the individual received any amounts as trade	2723
readjustment allowances within that benefit year, multiplied by	2724
the individual's weekly benefit amount for extended benefits.	2725

(G)(1) Whenever an extended benefit period is to become	2726
effective in this state, as a result of a state "on" indicator, or	2727
an extended benefit period is to be terminated in this state as a	2728
result of a state "off" indicator, the director shall make an	2729
appropriate public announcement.	2730

(2) Computations required by division (A)(4) of this section	2731
shall be made by the director, in accordance with the regulations	2732
prescribed by the United States secretary of labor.	2733

(H)(1)(a) The director shall promptly examine any	2734
application for extended benefits filed and, under this section,	2735
determine whether the application is to be allowed or disallowed	2736
and, if allowed, the weekly and total extended benefits payable	2737
and the effective date of the application. The claimant, the	2738
claimant's most recent employer, and any other employer in the	2739
base period of the claim upon which the extended benefits are	2740
based, and who was chargeable for regular benefits based on such	2741
claim, shall be notified of such determination.	2742

(b) The determination issued to the most recent or other	2743
base period employer shall include the total amount of extended	2744
benefits that may be charged to the employer's account. Such	2745
potential charge amount shall be an amount equal to one-fourth of	2746
the regular benefits chargeable to the employer's account on the	2747
regular claim upon which extended benefits are based except that,	2748
effective January 1, 1979, the potential charge amount to the	2749
state and its instrumentalities and its political subdivisions and	2750
their instrumentalities shall be an amount equal to one-half of	2751
the regular benefits chargeable to their accounts on such claim.	2752
If regular benefits were chargeable to the mutualized account, in	2753
lieu of an employer's account, then the extended benefits which	2754
are based on such prior mutualized benefits shall also be charged	2755
to the mutualized account.	2756

(c) As extended benefits are paid to eligible individuals:

2757

(i) One-half of such benefits will be charged to an extended	2758
benefit account to which reimbursement payments of one-half of	2759
extended benefits, received from the federal government as	2760
described in division (J) of this section, will be credited; and	2761

(ii) One-half of the extended benefits shall be charged to	2762
the accounts of base period employers and the mutualized account	2763
in the same proportion as was provided for on the regular claim;	2764
or	2765

(iii) The full amount of extended benefits shall be charged	2766
to the accounts of the state and its instrumentalities, and its	2767
political subdivisions and their instrumentalities. Employers	2768
making payments in lieu of contributions shall be charged in	2769
accordance with division (B)(1) of section 4141.241 of the Revised	2770
Code.	2771

(d) If the application for extended benefits is disallowed,	2772
a determination shall be issued to the claimant, which	2773
determination shall set forth the reasons for the disallowance.	2774
Determinations issued under this division, whether allowed or	2775
disallowed, shall be subject to reconsideration and appeal in	2776
accordance with section 4141.28 4141.281 of the Revised Code.	2777

(2) Any additional or continued claims, as described in	2778
division (F) of section 4141.01 of the Revised Code, filed by an	2779
individual at the beginning of, or during, the individual's	2780
extended benefit period shall be determined under division (D)(E)	2781
of section 4141.28 of the Revised Code, and such determination	2782
shall be subject to reconsideration and appeal in accordance with	2783
section 4141.28 4141.281 of the Revised Code.	2784

(I) Notwithstanding division (B) of this section, payment of	2785
extended benefits under this section shall not be made to any	2786
individual for any week of unemployment in the individual's	2787
eligibility period during which the individual fails to accept any	2788
offer of suitable work, as defined in division (I)(2) of this	2789
section, or fails to apply for any suitable work to which the	2790
individual was referred by the director, or fails to actively	2791
engage in seeking work, as prescribed in division (I)(4) of this	2792
section.	2793

(1) If any individual is ineligible for extended benefits	2794
for any week by reason of a failure described in this division,	2795
the individual shall be ineligible to receive extended benefits	2796
beginning with the week in which the failure occurred and	2797
continuing until the individual has been employed during each of	2798
four subsequent weeks and the total remuneration earned by the	2799
individual for this employment is equal to or more than four times	2800
the individual's weekly extended benefit amount, and has met all	2801
other eligibility requirements of this section, in order to	2802
establish entitlement to extended benefits.	2803

(2) For purposes of this section, the term "suitable work"	2804
means, with respect to an individual, any work which is within the	2805
individual's capabilities, provided that with respect to the	2806
position all of the following requirements are met:	2807

(a) It offers the individual gross average weekly	2808
remuneration of more than the sum of:	2809

(i) The individual's extended weekly benefit amount; and

2810

(ii) The amount of supplemental unemployment compensation	2811
benefits, as defined in section 501(c)(17)(D) of the "Internal	2812
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to	2813
the individual for the week of unemployment.	2814

(b) It pays equal to or more than the higher of:

2815

(i) The minimum wage provided by section 6(a)(1) of the	2816
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.	2817
206, without regard to any exemption; or	2818

(ii) Any applicable state or local minimum wage.

2819

(c) It is offered to the individual in writing or is listed	2820
with the employment office maintained or designated by the	2821
director.	2822

(3) Extended benefits shall not be denied under this	2823
division to any individual for any week by reason of a failure to	2824
accept an offer of, or apply for suitable work if either of the	2825
following conditions apply:	2826

(a) The failure would not result in a denial of benefits to	2827
a regular benefit claimant under section 4141.29 of the Revised	2828
Code to the extent that section 4141.29 of the Revised Code is not	2829
inconsistent with division (I)(2) of this section;	2830

(b) The individual furnishes evidence satisfactory to the	2831
director that the individual's prospects for obtaining work in the	2832
individual's customary occupation within a reasonably short period	2833
are good. If the evidence is deemed satisfactory, the	2834
determination as to whether any work is suitable work with respect	2835
to this individual and whether the individual is ineligible or	2836
disqualified shall be based upon the meaning of "suitable work"	2837
and other provisions in section 4141.29 of the Revised Code.	2838

(4) For purposes of this section, an individual shall be	2839
treated as actively engaged in seeking work during any week if:	2840

(a) The individual has engaged in a systematic and sustained	2841
effort to obtain work during that week; and	2842

(b) The individual provides tangible evidence to the	2843
director that the individual has engaged in the effort during that	2844
week.	2845

(5) The director shall refer applicants for extended	2846
benefits to job openings that meet the requirements of divisions	2847
(E) and (F) of section 4141.29 of the Revised Code, and in the	2848
case of applicants whose prospects are determined not to be good	2849
under division (I)(3)(b) of this section to any suitable work	2850
which meets the criteria in divisions (I)(2) and (3)(a) of this	2851
section.	2852

(6) Individuals denied extended or regular benefits under	2853
division (D)(1)(b) of section 4141.29 of the Revised Code because	2854
of being given a disciplinary layoff for misconduct must, after	2855
the date of disqualification, work the length of time and earn the	2856
amount of remuneration specified in division (I)(1) of this	2857
section, and meet all other eligibility requirements of this	2858
section, in order to establish entitlement to extended benefits.	2859

(J) All payments of extended benefits made pursuant to this	2860
section shall be paid out of the unemployment compensation fund,	2861
provided by section 4141.09 of the Revised Code, and all payments	2862
of the federal share of extended benefits that are received as	2863
reimbursements under section 204 of the "Federal-State Extended	2864
Unemployment Compensation Act of 1970," 84 Stat. 696, 26 U.S.C.A.	2865
3306, shall be deposited in such unemployment compensation fund	2866
and shall be credited to the extended benefit account established	2867
by division (G) of this section. Any refund of extended benefits,	2868
because of prior overpayment of such benefits, may be made from	2869
the unemployment compensation fund.	2870

(K) In the administration of the provisions of this section	2871
which are enacted to conform with the requirements of the	2872
"Federal-State Extended Unemployment Compensation Act of 1970," 84	2873
Stat. 696, 26 U.S.C.A. 3306, the director shall take such action	2874
consistent with state law, as may be necessary:	2875

(1) To ensure that the provisions are so interpreted and	2876
applied as to meet the requirements of the federal act as	2877
interpreted by the United States department of labor; and	2878

(2) To secure to this state the full reimbursement of the	2879
federal share of extended benefits paid under this section that	2880
are reimbursable under the federal act.	2881

Sec. 4141.35.  (A) If the director of job and family	2882
services finds that any fraudulent misrepresentation has been made	2883
by an applicant for or a recipient of benefits with the object of	2884
obtaining benefits to which the applicant or recipient was not	2885
entitled, and in addition to any other penalty or forfeiture under	2886
this chapter, then the director:	2887

(1) Shall within four years after the end of the benefit	2888
year in which the fraudulent misrepresentation was made reject or	2889
cancel such person's entire weekly claim for benefits that was	2890
fraudulently claimed, or the person's entire benefit rights if the	2891
misrepresentation was in connection with the filing of the	2892
claimant's application for determination of benefit rights;	2893

(2) Shall by order declare that, for each application for	2894
benefit rights and for each weekly claim canceled, such person	2895
shall be ineligible for two otherwise valid weekly claims for	2896
benefits, claimed within six years subsequent to the discovery of	2897
such misrepresentation;	2898

(3) By order shall require that the total amount of benefits	2899
rejected or canceled under division (A)(1) of this section be	2900
repaid to the director before such person may become eligible for	2901
further benefits, and shall withhold such unpaid sums from future	2902
benefit payments accruing and otherwise payable to such claimant.	2903
Effective with orders issued on or after January 1, 1993, if such	2904
benefits are not repaid within thirty days after the director's	2905
order becomes final, interest on the amount remaining unpaid shall	2906
be charged to the person at a rate and calculated in the same	2907
manner as provided under section 4141.23 of the Revised Code. When	2908
a person ordered to repay benefits has repaid all overpaid	2909
benefits according to a plan approved by the director, the	2910
director may cancel the amount of interest that accrued during the	2911
period of the repayment plan. The director may take action in the	2912
courts of this state to collect benefits and interest as provided	2913
in sections 4141.23 and 4141.27 of the Revised Code, in regard to	2914
the collection of unpaid contributions, using the final repayment	2915
order as the basis for such action. No administrative or legal	2916
proceedings for the collection of such benefits or interest due	2917
shall be initiated after the expiration of six years from the date	2918
on which the director's order requiring repayment became final and	2919
the amount of any benefits or interest not recovered at that time,	2920
and any liens thereon, shall be canceled as uncollectible.	2921

(4) May take action to collect benefits fraudulently	2922
obtained under the unemployment compensation law of any other	2923
state or the United States or Canada. Such action may be	2924
initiated in the courts of this state in the same manner as	2925
provided for unpaid contributions in section 4141.41 of the	2926
Revised Code.	2927

(5) May take action to collect benefits that have been	2928
fraudulently obtained from the director, interest pursuant to	2929
division (A)(3) of this section, and court costs, through	2930
attachment proceedings under Chapter 2715. of the Revised Code and	2931
garnishment proceedings under Chapter 2716. of the Revised Code.	2932

(B) If the director finds that an applicant for benefits has	2933
been credited with a waiting period or paid benefits to which the	2934
applicant was not entitled for reasons other than fraudulent	2935
misrepresentation, the director shall:	2936

(1)(a) Within six months after the determination under which	2937
the claimant was credited with that waiting period or paid	2938
benefits becomes final pursuant to section 4141.28 of the Revised	2939
Code, or within three years after the end of the benefit year in	2940
which such benefits were claimed, whichever is later, by order	2941
cancel such waiting period and require that such benefits be	2942
repaid to the director or be withheld from any benefits to which	2943
such applicant is or may become entitled before any additional	2944
benefits are paid, provided that the repayment or withholding	2945
shall not be required where the overpayment is the result of the	2946
director's correcting or amending a prior decision due to a	2947
typographical or clerical error in the director's prior decision,	2948
or an error in an employer's report under division (G)(2) of	2949
section 4141.28 of the Revised Code.	2950

(b) The limitation specified in division (B)(1)(a) of this	2951
section shall not apply to cases involving the retroactive payment	2952
of remuneration covering periods for which benefits were	2953
previously paid to the claimant. However, in such cases, the	2954
director's order requiring repayment shall not be issued unless	2955
the director is notified of such retroactive payment within six	2956
months from the date the retroactive payment was made to the	2957
claimant.	2958

(2) The director may, by reciprocal agreement with the	2959
United States secretary of labor or another state, recover	2960
overpayment amounts from unemployment benefits otherwise payable	2961
to an individual under Chapter 4141. of the Revised Code. Any	2962
overpayments made to the individual that have not previously been	2963
recovered under an unemployment benefit program of the United	2964
States may be recovered in accordance with section 303(g) of the	2965
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	2966
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	2967
3301 to 3311.	2968

(3) If the amounts required to be repaid under division (B)	2969
of this section are not recovered within three years from the date	2970
the director's order requiring payment became final, initiate no	2971
further action to collect such benefits and the amount of any	2972
benefits not recovered at that time shall be canceled as	2973
uncollectible.	2974

(C) The reconsideration and appeal provisions of section	2975
4141.28 sections 4141.281 and 4141.282 of the Revised Code shall	2976
apply to all orders and determinations issued under this section,	2977
except that an individual's right of appeal under division (B)(2)	2978
of this section shall be limited to this state's authority to	2979
recover overpayment of benefits.	2980

(D) If an individual makes a full repayment or a repayment	2981
that is less than the full amount required by this section, the	2982
director shall apply the repayment to the mutualized account under	2983
division (B) of section 4141.25 of the Revised Code, except that	2984
the director shall credit the repayment to the accounts of the	2985
individual's base period employers that previously have not been	2986
credited for the amount of improperly paid benefits charged	2987
against their accounts based on the proportion of benefits charged	2988
against the accounts as determined pursuant to division (D) of	2989
section 4141.24 of the Revised Code.	2990

The director shall deposit any repayment collected under this	2991
section that the director determines to be payment of interest or	2992
court costs into the unemployment compensation special	2993
administrative fund established pursuant to section 4141.11 of the	2994
Revised Code.	2995

Sec. 4503.03.  (A) The registrar of motor vehicles may	2996
designate the county auditor in each county a deputy registrar. If	2997
the population of a county is forty thousand or less according to	2998
the last federal census and if the county auditor is designated by	2999
the registrar as a deputy registrar, no other person need be	3000
designated in the county to act as a deputy registrar. In all	3001
other instances, the registrar shall contract with one or more	3002
other persons in each county to act as deputy registrars. Deputy	3003
registrars shall accept applications for the annual license tax	3004
for any vehicle not taxed under section 4503.63 of the Revised	3005
Code and shall assign distinctive numbers in the same manner as	3006
the registrar. Such deputies shall be located in such locations	3007
in the county as the registrar sees fit. There shall be at least	3008
one deputy registrar in each county.	3009

Deputy registrar contracts are subject to the provisions of	3010
division (B) of section 125.081 of the Revised Code.	3011

(B) The registrar shall not contract with any person to act	3012
as a deputy registrar if the person or, where applicable, his the	3013
person's spouse or a member of his the person's immediate family	3014
has made, within the current calendar year or any one of the	3015
previous three calendar years, one or more contributions totaling	3016
in excess of one hundred dollars to any person or entity included	3017
in division (A)(2) of section 102.021 of the Revised Code. As	3018
used in this division, "immediate family" has the same meaning as	3019
in division (D) of section 102.01 of the Revised Code and "entity"	3020
includes any political party and any "continuing association" as	3021
defined in division (B)(4) of section 3517.01 of the Revised Code	3022
or "political action committee" as defined in division (B)(8) of	3023
that section that is primarily associated with that political	3024
party. For purposes of this division, contributions to any	3025
continuing association or any political action committee that is	3026
primarily associated with a political party shall be aggregated	3027
with contributions to that political party.	3028

The contribution limitations contained in this division do	3029
not apply to any county auditor.	3030

The registrar shall not contract with either of the following	3031
to act as a deputy registrar:	3032

(1) Any elected public official other than a county auditor	3033
acting in his the county auditor's official capacity;	3034

(2) Any person holding a current, valid contract to conduct	3035
motor vehicle inspections under section 3704.14 of the Revised	3036
Code.	3037

(C) Deputy (1) Except as provided in division (C)(2) of this	3038
section, deputy registrars are independent contractors and neither	3039
they nor their employees are employees of this state, except that	3040
nothing in this section shall affect the status of county auditors	3041
as public officials, nor the status of their employees as	3042
employees of any of the counties of this state, which are	3043
political subdivisions of this state. Each deputy registrar shall	3044
be responsible for the payment of all unemployment compensation	3045
premiums, all workers' compensation premiums, social security	3046
contributions, and any and all taxes for which he the deputy	3047
registrar is legally responsible. Each deputy registrar shall	3048
comply with all applicable federal, state, and local laws	3049
requiring the withholding of income taxes or other taxes from the	3050
compensation of his the deputy registrar's employees. Each deputy	3051
registrar shall maintain during the entire term of his the deputy	3052
registrar's contract a policy of business liability insurance	3053
satisfactory to the registrar and shall hold the department of	3054
public safety, the director of public safety, the bureau of motor	3055
vehicles, and the registrar harmless upon any and all claims for	3056
damages arising out of the operation of the deputy registrar	3057
agency.	3058

(2) For purposes of Chapter 4141. of the Revised Code,	3059
determinations concerning the employment of deputy registrars and	3060
their employees shall be made under Chapter 4141. of the Revised	3061
Code.	3062

(D) With the approval of the director, the registrar shall	3063
adopt rules governing the terms of the contract between the	3064
registrar and each deputy registrar and specifications for the	3065
services to be performed. The rules shall include specifications	3066
relating to the amount of bond to be given as provided in this	3067
section; the size and location of the deputy's office; the leasing	3068
of equipment necessary to conduct the vision screenings required	3069
under section 4507.12 of the Revised Code, and training in the use	3070
of the equipment. The specifications shall permit and encourage	3071
every deputy registrar to inform the public of the location of his	3072
the deputy registrar's office and hours of operation by means of	3073
public service announcements and allow any deputy registrar to	3074
advertise in regard to the operation of the deputy registrar's	3075
office. The rules also shall include specifications for the hours	3076
the deputy's office is to be open to the public and shall require	3077
as a minimum that one deputy's office in each county be open to	3078
the public for at least four hours each weekend, provided that if	3079
only one deputy's office is located within the boundary of the	3080
county seat, that office is the office that shall be open for the	3081
four-hour period each weekend, and that every deputy's office in	3082
each county shall be open to the public until six-thirty p.m. on	3083
at least one weeknight each week. The rules also shall include	3084
specifications providing that every deputy in each county, upon	3085
request, provide any person with information about the location	3086
and office hours of all deputy registrars in the county and that	3087
every deputy registrar prominently display within his the deputy	3088
registrar's office, the toll-free telephone number of the bureau.	3089
The rules shall not prohibit the award of a deputy registrar	3090
contract to a nonprofit corporation formed under the laws of this	3091
state. The rules shall prohibit any deputy registrar from	3092
operating more than one such office at any time, except that the	3093
rules may permit a nonprofit corporation formed for the purposes	3094
of providing automobile-related services to its members or the	3095
public and that provides such services from more than one location	3096
in this state to operate a deputy registrar office at any such	3097
location, provided that the nonprofit corporation operates no more	3098
than one deputy registrar office in any one county. The rules may	3099
include such other specifications as the registrar and director	3100
consider necessary to provide a high level of service.	3101

As used in this section and in section 4507.01 of the Revised	3102
Code, "nonprofit corporation" has the same meaning as in section	3103
1702.01 of the Revised Code.	3104

(E) Unless otherwise terminated and except for interim	3105
contracts of less than one year, contracts with deputy registrars	3106
shall be for a term of at least two years, but no more than three	3107
years and all contracts effective on or after July 1, 1996, shall	3108
be for a term of more than two years, but not more than three	3109
years. All contracts with deputy registrars shall expire on the	3110
thirtieth day of June in the year of their expiration. The	3111
auditor of state may examine the accounts, reports, systems, and	3112
other data of each deputy registrar at least every two years. The	3113
registrar, with the approval of the director, shall immediately	3114
remove a deputy who violates any provision of the Revised Code	3115
related to his the duties as a deputy, any rule adopted by the	3116
registrar, or a term of his the deputy's contract with the	3117
registrar. The registrar also may remove a deputy who, in the	3118
opinion of the registrar, has engaged in any conduct that is	3119
either unbecoming to one representing this state or is	3120
inconsistent with the efficient operation of the deputy's office.	3121
Upon removal of a deputy registrar for contract violation, the	3122
auditor of state shall examine the accounts, records, systems, and	3123
other data of the deputy registrar so removed.	3124

If the registrar, with the approval of the director,	3125
determines that there is good cause to believe that a deputy	3126
registrar or a person proposing for a deputy registrar contract	3127
has engaged in any conduct that would require the denial or	3128
termination of the deputy registrar contract, the registrar may	3129
require the production of such books, records, and papers as he	3130
the registrar determines are necessary, and may take the	3131
depositions of witnesses residing within or outside the state in	3132
the same manner as is prescribed by law for the taking of	3133
depositions in civil actions in the court of common pleas, and for	3134
that purpose the registrar may issue a subpoena for any witness or	3135
a subpoena duces tecum to compel the production of any books,	3136
records, or papers, directed to the sheriff of the county where	3137
the witness resides or is found. Such a subpoena shall be served	3138
and returned in the same manner as a subpoena in a criminal case	3139
is served and returned. The fees and mileage of the sheriff and	3140
witnesses shall be the same as that allowed in the court of common	3141
pleas in criminal cases and shall be paid from the fund in the	3142
state treasury for the use of the agency in the same manner as	3143
other expenses of the agency are paid.	3144

In any case of disobedience or neglect of any subpoena served	3145
on any person or the refusal of any witness to testify to any	3146
matter regarding which he the witness lawfully may be	3147
interrogated, the court of common pleas of any county where the	3148
disobedience, neglect, or refusal occurs or any judge thereof, on	3149
application by the registrar, shall compel obedience by attachment	3150
proceedings for contempt, as in the case of disobedience of the	3151
requirements of a subpoena issued from such court, or a refusal to	3152
testify therein.	3153

Nothing in this division shall be construed to require a	3154
hearing of any nature prior to the termination of any deputy	3155
registrar contract by the registrar, with the approval of the	3156
director, for cause.	3157

(F) Except as provided in section 2743.03 of the Revised	3158
Code, no court, other than the court of common pleas of Franklin	3159
county, has jurisdiction of any action against the department of	3160
public safety, the director, the bureau, or the registrar to	3161
restrain the exercise of any power or authority nor to entertain	3162
any action for declaratory judgment in the selection and	3163
appointment of, or contracting with, deputy registrars. Neither	3164
the department, the director, the bureau, nor the registrar is	3165
liable in any action at law for damages sustained by any person	3166
because of any acts of the department, the director, the bureau,	3167
or the registrar, nor any employee of the department or bureau in	3168
the performance of his official duties in the selection and	3169
appointment of, and contracting with, deputy registrars.	3170

(G) The registrar shall assign to each deputy registrar a	3171
series of numbers sufficient to supply the demand at all times in	3172
the area the deputy registrar serves, and the registrar shall keep	3173
a record in his the registrar's office of the numbers within the	3174
series assigned. Each deputy shall be required to give bond in	3175
the amount of at least twenty-five thousand dollars, or in such	3176
higher amount as the registrar determines necessary, based on a	3177
uniform schedule of bond amounts established by the registrar and	3178
determined by the volume of registrations handled by the deputy.	3179
The form of the bond shall be prescribed by the registrar. The	3180
bonds required of deputy registrars, in the discretion of the	3181
registrar, may be individual or schedule bonds or may be included	3182
in any blanket bond coverage carried by the department.	3183

(H) Each deputy registrar shall keep a file of each	3184
application received by him the deputy and shall register that	3185
motor vehicle with the name and address of the owner thereof.	3186

(I) Upon request, a deputy registrar shall make the physical	3187
inspection of a motor vehicle and issue the physical inspection	3188
certificate required in section 4505.061 of the Revised Code.	3189

(J) Each deputy registrar shall file a report semi-annually	3190
with the registrar of motor vehicles listing the number of	3191
applicants for licenses he the deputy has served, the number of	3192
voter registration applications he the deputy has completed and	3193
transmitted to the board of elections, and the number of voter	3194
registration applications declined.	3195

Section 2.  That existing sections 3121.01, 3121.07, 4141.01,	3196
4141.06, 4141.162, 4141.20, 4141.24, 4141.26, 4141.281, 4141.282,	3197
4141.283, 4141.301, 4141.35, and 4503.03 and section 4141.28 of	3198
the Revised Code are hereby repealed.	3199

Section 3. Notwithstanding division (R)(2) of section 4141.01	3200
of the Revised Code as amended by this act, the Director of Job	3201
and Family Services may specify that the provisions of that	3202
division are applicable for the determination of benefit rights	3203
involving benefit years beginning on or before December 28, 2003,	3204
if the Director determines that the technological systems	3205
necessary to effect the purposes of that division are operational	3206
and sufficiently adequate to assure no interruption in the	3207
discharge of the duties of the Director and the Department of Job	3208
and Family Services under Chapter 4141. of the Revised Code.	3209

Section 4. Section 3121.01 of the Revised Code, as presented	3210
in this act, includes matter that was amended into former sections	3211
3111.20 and 3113.21 of the Revised Code by Sub. H.B. 535 of the	3212
123rd General Assembly. Paragraphs of former sections 3111.20 and	3213
3113.21 of the Revised Code containing H.B. 535 amendments were	3214
transferred to section 3121.01 of the Revised Code by Am. Sub.	3215
S.B. 180 of the 123rd General Assembly as part of its general	3216
revision of the child support laws. Inclusion of the H.B. 535	3217
amendments in section 3121.01 of the Revised Code is in	3218
recognition of the principle stated in division (B) of section	3219
1.52 of the Revised Code that amendments are to be harmonized if	3220
capable of simultaneous operation. The version of section 3121.01	3221
of the Revised Code presented in this act therefore is the	3222
resulting version in effect prior to the effective date of the	3223
section in this act.	3224