As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 92

Senators Nein, Armbruster, Carey 

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A BILL

To amend sections 3121.898, 3121.899, 4141.01,

1

4141.281, and 4141.29 of the Revised Code, and to

2

amend Section 3 of S.B. 99 of the 124th General

3

Assembly to modify limitations on the use of new

4

hire reports under the Child Support Law, to

5

change unemployment compensation eligibility

6

requirements when unemployment is caused by a

7

major disaster, to modify the authority of

8

reviewing courts with respect to unemployment

9

compensation appeals, and to delay the

10

implementation of specified unemployment

11

compensation application requirements for a year.

12

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

Section 1. That sections 3121.898, 3121.899, 4141.01,	13
4141.281, and 4141.29 of the Revised Code be amended to read as	14
follows:	15

Sec. 3121.898.  The department of job and family services	16
shall use the new hire reports it receives tofor any of the	17
following purposes set forth in 42 U.S.C. 653a, as amended,	18
including:	19

(A) To locate individuals for the purposes of establishing	20
paternity;and for establishing, modifying, and enforcing child	21
support orders being administered by child support enforcement	22
agencies in this state; and to detect fraud in any program	23
administered by the department.	24

(B) To verify eligibility for any of the following programs:

25

(1) Any Title IV-A program as defined in section 5101.80 of	26
the Revised Code;	27

(2) The medicaid program authorized by Chapter 5111. of the	28
Revised Code;	29

(3) The unemployment compensation program authorized by	30
Chapter 4141. of the Revised Code;	31

(4) The food stamp program authorized by section 5101.54 of	32
the Revised Code;	33

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	34
amended.	35

(C) The administration of the employment security program	36
under the director of job and family services and the	37
administration of the workers' compensation system pursuant to	38
Chapters 4121., 4123., 4127., and 4131. of the Revised Code.	39

Sec. 3121.899. (A) The new hire reports filed with the	40
department of job and family services pursuant to section 3121.891	41
of the Revised Code shall not be considered public records for	42
purposes of section 149.43 of the Revised Code. The director of	43
job and family services may adopt rules under section 3125.51 of	44
the Revised Code governing access to, and use and disclosure of,	45
information contained in the new hire reports. The	46

(B) The department of job and family services may disclose	47
information in the new hire reports to all of the following:	48

(1) Any child support enforcement agency and any agent of the	49
department orunder contract with a child support enforcement	50
agency that is under contract with the department for the purposes	51
listed in division (A) of section 3121.898 of the Revised Code.	52
The department may submit to the bureau of workers' compensation a	53
copy of any new hire report it receives;	54

(2) Any county department of job and family services and any	55
agent under contract with a county department of job and family	56
services for the purposes listed in division (B) of section	57
3121.898 of the Revised Code;	58

(3) Employees of the department of job and family services	59
and any agent under contract with the department of job and family	60
services for the purposes listed in divisions (B) and (C) of	61
section 3121.898 of the Revised Code;	62

(4) The administrator of workers' compensation for the	63
purpose of administering the workers' compensation system pursuant	64
to Chapters 4121., 4123., 4127., and 4131. of the Revised Code.	65

Sec. 4141.01.  As used in this chapter, unless the context	66
otherwise requires:	67

(A)(1) "Employer" means the state, its instrumentalities, its	68
political subdivisions and their instrumentalities, and any	69
individual or type of organization including any partnership,	70
limited liability company, association, trust, estate, joint-stock	71
company, insurance company, or corporation, whether domestic or	72
foreign, or the receiver, trustee in bankruptcy, trustee, or the	73
successor thereof, or the legal representative of a deceased	74
person who subsequent to December 31, 1971, or in the case of	75
political subdivisions or their instrumentalities, subsequent to	76
December 31, 1973:	77

(a) Had in employment at least one individual, or in the case	78
of a nonprofit organization, subsequent to December 31, 1973, had	79
not less than four individuals in employment for some portion of a	80
day in each of twenty different calendar weeks, in either the	81
current or the preceding calendar year whether or not the same	82
individual was in employment in each such day; or	83

(b) Except for a nonprofit organization, had paid for service	84
in employment wages of fifteen hundred dollars or more in any	85
calendar quarter in either the current or preceding calendar year;	86
or	87

(c) Had paid, subsequent to December 31, 1977, for employment	88
in domestic service in a local college club, or local chapter of a	89
college fraternity or sorority, cash remuneration of one thousand	90
dollars or more in any calendar quarter in the current calendar	91
year or the preceding calendar year, or had paid subsequent to	92
December 31, 1977, for employment in domestic service in a private	93
home cash remuneration of one thousand dollars in any calendar	94
quarter in the current calendar year or the preceding calendar	95
year:	96

(i) For the purposes of divisions (A)(1)(a) and (b) of this	97
section, there shall not be taken into account any wages paid to,	98
or employment of, an individual performing domestic service as	99
described in this division.	100

(ii) An employer under this division shall not be an employer	101
with respect to wages paid for any services other than domestic	102
service unless the employer is also found to be an employer under	103
division (A)(1)(a), (b), or (d) of this section.	104

(d) As a farm operator or a crew leader subsequent to	105
December 31, 1977, had in employment individuals in agricultural	106
labor; and	107

(i) During any calendar quarter in the current calendar year	108
or the preceding calendar year, paid cash remuneration of twenty	109
thousand dollars or more for the agricultural labor; or	110

(ii) Had at least ten individuals in employment in	111
agricultural labor, not including agricultural workers who are	112
aliens admitted to the United States to perform agricultural labor	113
pursuant to sections 214(e) and 101(a)(15)(H) of the "Immigration	114
and Nationality Act," 66 Stat. 163, 8 U.S.C.A.	115
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the	116
twenty different calendar weeks, in either the current or	117
preceding calendar year whether or not the same individual was in	118
employment in each day; or	119

(e) Is not otherwise an employer as defined under division	120
(A)(1)(a) or (b) of this section; and	121

(i) For which, within either the current or preceding	122
calendar year, service, except for domestic service in a private	123
home not covered under division (A)(1)(c) of this section, is or	124
was performed with respect to which such employer is liable for	125
any federal tax against which credit may be taken for	126
contributions required to be paid into a state unemployment fund;	127

(ii) Which, as a condition for approval of this chapter for	128
full tax credit against the tax imposed by the "Federal	129
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	130
required, pursuant to such act to be an employer under this	131
chapter; or	132

(iii) Who became an employer by election under division	133
(A)(4) or (5) of this section and for the duration of such	134
election; or	135

(f) In the case of the state, its instrumentalities, its	136
political subdivisions, and their instrumentalities, had in	137
employment, as defined in division (B)(2)(a) of this section, at	138
least one individual;	139

(g) For the purposes of division (A)(1)(a) of this section,	140
if any week includes both the thirty-first day of December and the	141
first day of January, the days of that week before the first day	142
of January shall be considered one calendar week and the days	143
beginning the first day of January another week.	144

(2) Each individual employed to perform or to assist in	145
performing the work of any agent or employee of an employer is	146
employed by such employer for all the purposes of this chapter,	147
whether such individual was hired or paid directly by such	148
employer or by such agent or employee, provided the employer had	149
actual or constructive knowledge of the work. All individuals	150
performing services for an employer of any person in this state	151
who maintains two or more establishments within this state are	152
employed by a single employer for the purposes of this chapter.	153

(3) An employer subject to this chapter within any calendar	154
year is subject to this chapter during the whole of such year and	155
during the next succeeding calendar year.	156

(4) An employer not otherwise subject to this chapter who	157
files with the director of job and family services a written	158
election to become an employer subject to this chapter for not	159
less than two calendar years shall, with the written approval of	160
such election by the director, become an employer subject to this	161
chapter to the same extent as all other employers as of the date	162
stated in such approval, and shall cease to be subject to this	163
chapter as of the first day of January of any calendar year	164
subsequent to such two calendar years only if at least thirty days	165
prior to such first day of January the employer has filed with the	166
director a written notice to that effect.	167

(5) Any employer for whom services that do not constitute	168
employment are performed may file with the director a written	169
election that all such services performed by individuals in the	170
employer's employ in one or more distinct establishments or places	171
of business shall be deemed to constitute employment for all the	172
purposes of this chapter, for not less than two calendar years.	173
Upon written approval of the election by the director, such	174
services shall be deemed to constitute employment subject to this	175
chapter from and after the date stated in such approval. Such	176
services shall cease to be employment subject to this chapter as	177
of the first day of January of any calendar year subsequent to	178
such two calendar years only if at least thirty days prior to such	179
first day of January such employer has filed with the director a	180
written notice to that effect.	181

(B)(1) "Employment" means service performed by an individual	182
for remuneration under any contract of hire, written or oral,	183
express or implied, including service performed in interstate	184
commerce and service performed by an officer of a corporation,	185
without regard to whether such service is executive, managerial,	186
or manual in nature, and without regard to whether such officer is	187
a stockholder or a member of the board of directors of the	188
corporation, unless it is shown to the satisfaction of the	189
director that such individual has been and will continue to be	190
free from direction or control over the performance of such	191
service, both under a contract of service and in fact. The	192
director shall adopt rules to define "direction or control."	193

(2) "Employment" includes:

194

(a) Service performed after December 31, 1977, by an	195
individual in the employ of the state or any of its	196
instrumentalities, or any political subdivision thereof or any of	197
its instrumentalities or any instrumentality of more than one of	198
the foregoing or any instrumentality of any of the foregoing and	199
one or more other states or political subdivisions and without	200
regard to divisions (A)(1)(a) and (b) of this section, provided	201
that such service is excluded from employment as defined in the	202
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	203
3306(c)(7) and is not excluded under division (B)(3) of this	204
section; or the services of employees covered by voluntary	205
election, as provided under divisions (A)(4) and (5) of this	206
section;	207

(b) Service performed after December 31, 1971, by an	208
individual in the employ of a religious, charitable, educational,	209
or other organization which is excluded from the term "employment"	210
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	211
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	212
3306(c)(8) of that act and is not excluded under division (B)(3)	213
of this section;	214

(c) Domestic service performed after December 31, 1977, for	215
an employer, as provided in division (A)(1)(c) of this section;	216

(d) Agricultural labor performed after December 31, 1977, for	217
a farm operator or a crew leader, as provided in division	218
(A)(1)(d) of this section;	219

(e) Service not covered under division (B)(1) of this section	220
which is performed after December 31, 1971:	221

(i) As an agent-driver or commission-driver engaged in	222
distributing meat products, vegetable products, fruit products,	223
bakery products, beverages other than milk, laundry, or	224
dry-cleaning services, for the individual's employer or principal;	225

(ii) As a traveling or city salesperson, other than as an	226
agent-driver or commission-driver, engaged on a full-time basis in	227
the solicitation on behalf of and in the transmission to the	228
salesperson's employer or principal except for sideline sales	229
activities on behalf of some other person of orders from	230
wholesalers, retailers, contractors, or operators of hotels,	231
restaurants, or other similar establishments for merchandise for	232
resale, or supplies for use in their business operations, provided	233
that for the purposes of this division (B)(2)(e)(ii) of this	234
section, the services shall be deemed employment if the contract	235
of service contemplates that substantially all of the services are	236
to be performed personally by the individual and that the	237
individual does not have a substantial investment in facilities	238
used in connection with the performance of the services other than	239
in facilities for transportation, and the services are not in the	240
nature of a single transaction that is not a part of a continuing	241
relationship with the person for whom the services are performed.	242

(f) An individual's entire service performed within or both	243
within and without the state if:	244

(i) The service is localized in this state.

245

(ii) The service is not localized in any state, but some of	246
the service is performed in this state and either the base of	247
operations, or if there is no base of operations then the place	248
from which such service is directed or controlled, is in this	249
state or the base of operations or place from which such service	250
is directed or controlled is not in any state in which some part	251
of the service is performed but the individual's residence is in	252
this state.	253

(g) Service not covered under division (B)(2)(f)(ii) of this	254
section and performed entirely without this state, with respect to	255
no part of which contributions are required and paid under an	256
unemployment compensation law of any other state, the Virgin	257
Islands, Canada, or of the United States, if the individual	258
performing such service is a resident of this state and the	259
director approves the election of the employer for whom such	260
services are performed; or, if the individual is not a resident of	261
this state but the place from which the service is directed or	262
controlled is in this state, the entire services of such	263
individual shall be deemed to be employment subject to this	264
chapter, provided service is deemed to be localized within this	265
state if the service is performed entirely within this state or if	266
the service is performed both within and without this state but	267
the service performed without this state is incidental to the	268
individual's service within the state, for example, is temporary	269
or transitory in nature or consists of isolated transactions;	270

(h) Service of an individual who is a citizen of the United	271
States, performed outside the United States except in Canada after	272
December 31, 1971, or the Virgin Islands, after December 31, 1971,	273
and before the first day of January of the year following that in	274
which the United States secretary of labor approves the Virgin	275
Islands law for the first time, in the employ of an American	276
employer, other than service which is "employment" under divisions	277
(B)(2)(f) and (g) of this section or similar provisions of another	278
state's law, if:	279

(i) The employer's principal place of business in the United	280
States is located in this state;	281

(ii) The employer has no place of business in the United	282
States, but the employer is an individual who is a resident of	283
this state; or the employer is a corporation which is organized	284
under the laws of this state, or the employer is a partnership or	285
a trust and the number of partners or trustees who are residents	286
of this state is greater than the number who are residents of any	287
other state; or	288

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	289
of this section is met but the employer has elected coverage in	290
this state or the employer having failed to elect coverage in any	291
state, the individual has filed a claim for benefits, based on	292
such service, under this chapter.	293

(i) For the purposes of division (B)(2)(h) of this section,	294
the term "American employer" means an employer who is an	295
individual who is a resident of the United States; or a	296
partnership, if two-thirds or more of the partners are residents	297
of the United States; or a trust, if all of the trustees are	298
residents of the United States; or a corporation organized under	299
the laws of the United States or of any state, provided the term	300
"United States" includes the states, the District of Columbia, the	301
Commonwealth of Puerto Rico, and the Virgin Islands.	302

(j) Notwithstanding any other provisions of divisions (B)(1)	303
and (2) of this section, service, except for domestic service in a	304
private home not covered under division (A)(1)(c) of this section,	305
with respect to which a tax is required to be paid under any	306
federal law imposing a tax against which credit may be taken for	307
contributions required to be paid into a state unemployment fund,	308
or service, except for domestic service in a private home not	309
covered under division (A)(1)(c) of this section, which, as a	310
condition for full tax credit against the tax imposed by the	311
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	312
3311, is required to be covered under this chapter.	313

(k) Construction services performed by any individual under a	314
construction contract, as defined in section 4141.39 of the	315
Revised Code, if the director determines that the employer for	316
whom services are performed has the right to direct or control the	317
performance of the services and that the individuals who perform	318
the services receive remuneration for the services performed. The	319
director shall presume that the employer for whom services are	320
performed has the right to direct or control the performance of	321
the services if ten or more of the following criteria apply:	322

(i) The employer directs or controls the manner or method by	323
which instructions are given to the individual performing	324
services;	325

(ii) The employer requires particular training for the	326
individual performing services;	327

(iii) Services performed by the individual are integrated	328
into the regular functioning of the employer;	329

(iv) The employer requires that services be provided by a	330
particular individual;	331

(v) The employer hires, supervises, or pays the wages of the	332
individual performing services;	333

(vi) A continuing relationship between the employer and the	334
individual performing services exists which contemplates	335
continuing or recurring work, even if not full-time work;	336

(vii) The employer requires the individual to perform	337
services during established hours;	338

(viii) The employer requires that the individual performing	339
services be devoted on a full-time basis to the business of the	340
employer;	341

(ix) The employer requires the individual to perform services	342
on the employer's premises;	343

(x) The employer requires the individual performing services	344
to follow the order of work established by the employer;	345

(xi) The employer requires the individual performing services	346
to make oral or written reports of progress;	347

(xii) The employer makes payment to the individual for	348
services on a regular basis, such as hourly, weekly, or monthly;	349

(xiii) The employer pays expenses for the individual	350
performing services;	351

(xiv) The employer furnishes the tools and materials for use	352
by the individual to perform services;	353

(xv) The individual performing services has not invested in	354
the facilities used to perform services;	355

(xvi) The individual performing services does not realize a	356
profit or suffer a loss as a result of the performance of the	357
services;	358

(xvii) The individual performing services is not performing	359
services for more than two employers simultaneously;	360

(xviii) The individual performing services does not make the	361
services available to the general public;	362

(xix) The employer has a right to discharge the individual	363
performing services;	364

(xx) The individual performing services has the right to end	365
the individual's relationship with the employer without incurring	366
liability pursuant to an employment contract or agreement.	367

(3) "Employment" does not include the following services if	368
they are found not subject to the "Federal Unemployment Tax Act,"	369
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	370
are not required to be included under division (B)(2)(j) of this	371
section:	372

(a) Service performed after December 31, 1977, in	373
agricultural labor, except as provided in division (A)(1)(d) of	374
this section;	375

(b) Domestic service performed after December 31, 1977, in a	376
private home, local college club, or local chapter of a college	377
fraternity or sorority except as provided in division (A)(1)(c) of	378
this section;	379

(c) Service performed after December 31, 1977, for this state	380
or a political subdivision as described in division (B)(2)(a) of	381
this section when performed:	382

(i) As a publicly elected official;

383

(ii) As a member of a legislative body, or a member of the	384
judiciary;	385

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

386

(iv) As an employee, not in the classified service as defined	387
in section 124.11 of the Revised Code, serving on a temporary	388
basis in case of fire, storm, snow, earthquake, flood, or similar	389
emergency;	390

(v) In a position which, under or pursuant to law, is	391
designated as a major nontenured policymaking or advisory	392
position, not in the classified service of the state, or a	393
policymaking or advisory position the performance of the duties of	394
which ordinarily does not require more than eight hours per week.	395

(d) In the employ of any governmental unit or instrumentality	396
of the United States;	397

(e) Service performed after December 31, 1971:

398

(i) Service in the employ of an educational institution or	399
institution of higher education, including those operated by the	400
state or a political subdivision, if such service is performed by	401
a student who is enrolled and is regularly attending classes at	402
the educational institution or institution of higher education; or	403

(ii) By an individual who is enrolled at a nonprofit or	404
public educational institution which normally maintains a regular	405
faculty and curriculum and normally has a regularly organized body	406
of students in attendance at the place where its educational	407
activities are carried on as a student in a full-time program,	408
taken for credit at the institution, which combines academic	409
instruction with work experience, if the service is an integral	410
part of the program, and the institution has so certified to the	411
employer, provided that this subdivision shall not apply to	412
service performed in a program established for or on behalf of an	413
employer or group of employers;	414

(f) Service performed by an individual in the employ of the	415
individual's son, daughter, or spouse and service performed by a	416
child under the age of eighteen in the employ of the child's	417
father or mother;	418

(g) Service performed for one or more principals by an	419
individual who is compensated on a commission basis, who in the	420
performance of the work is master of the individual's own time and	421
efforts, and whose remuneration is wholly dependent on the amount	422
of effort the individual chooses to expend, and which service is	423
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	424
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	425
31, 1971:	426

(i) By an individual for an employer as an insurance agent or	427
as an insurance solicitor, if all this service is performed for	428
remuneration solely by way of commission;	429

(ii) As a home worker performing work, according to	430
specifications furnished by the employer for whom the services are	431
performed, on materials or goods furnished by such employer which	432
are required to be returned to the employer or to a person	433
designated for that purpose.	434

(h) Service performed after December 31, 1971:

435

(i) In the employ of a church or convention or association of	436
churches, or in an organization which is operated primarily for	437
religious purposes and which is operated, supervised, controlled,	438
or principally supported by a church or convention or association	439
of churches;	440

(ii) By a duly ordained, commissioned, or licensed minister	441
of a church in the exercise of the individual's ministry or by a	442
member of a religious order in the exercise of duties required by	443
such order; or	444

(iii) In a facility conducted for the purpose of carrying out	445
a program of rehabilitation for individuals whose earning capacity	446
is impaired by age or physical or mental deficiency or injury, or	447
providing remunerative work for individuals who because of their	448
impaired physical or mental capacity cannot be readily absorbed in	449
the competitive labor market, by an individual receiving such	450
rehabilitation or remunerative work;	451

(i) Service performed after June 30, 1939, with respect to	452
which unemployment compensation is payable under the "Railroad	453
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	454

(j) Service performed by an individual in the employ of any	455
organization exempt from income tax under section 501 of the	456
"Internal Revenue Code of 1954," if the remuneration for such	457
service does not exceed fifty dollars in any calendar quarter, or	458
if such service is in connection with the collection of dues or	459
premiums for a fraternal beneficial society, order, or association	460
and is performed away from the home office or is ritualistic	461
service in connection with any such society, order, or	462
association;	463

(k) Casual labor not in the course of an employer's trade or	464
business; incidental service performed by an officer, appraiser,	465
or member of a finance committee of a bank, building and loan	466
association, savings and loan association, or savings association	467
when the remuneration for such incidental service exclusive of the	468
amount paid or allotted for directors' fees does not exceed sixty	469
dollars per calendar quarter is casual labor;	470

(l) Service performed in the employ of a voluntary employees'	471
beneficial association providing for the payment of life,	472
sickness, accident, or other benefits to the members of such	473
association or their dependents or their designated beneficiaries,	474
if admission to a membership in such association is limited to	475
individuals who are officers or employees of a municipal or public	476
corporation, of a political subdivision of the state, or of the	477
United States and no part of the net earnings of such association	478
inures, other than through such payments, to the benefit of any	479
private shareholder or individual;	480

(m) Service performed by an individual in the employ of a	481
foreign government, including service as a consular or other	482
officer or employee or of a nondiplomatic representative;	483

(n) Service performed in the employ of an instrumentality	484
wholly owned by a foreign government if the service is of a	485
character similar to that performed in foreign countries by	486
employees of the United States or of an instrumentality thereof	487
and if the director finds that the secretary of state of the	488
United States has certified to the secretary of the treasury of	489
the United States that the foreign government, with respect to	490
whose instrumentality exemption is claimed, grants an equivalent	491
exemption with respect to similar service performed in the foreign	492
country by employees of the United States and of instrumentalities	493
thereof;	494

(o) Service with respect to which unemployment compensation	495
is payable under an unemployment compensation system established	496
by an act of congress;	497

(p) Service performed as a student nurse in the employ of a	498
hospital or a nurses' training school by an individual who is	499
enrolled and is regularly attending classes in a nurses' training	500
school chartered or approved pursuant to state law, and service	501
performed as an intern in the employ of a hospital by an	502
individual who has completed a four years' course in a medical	503
school chartered or approved pursuant to state law;	504

(q) Service performed by an individual under the age of	505
eighteen in the delivery or distribution of newspapers or shopping	506
news, not including delivery or distribution to any point for	507
subsequent delivery or distribution;	508

(r) Service performed in the employ of the United States or	509
an instrumentality of the United States immune under the	510
constitutionConstitution of the United States from the	511
contributions imposed by this chapter, except that to the extent	512
that congress permits states to require any instrumentalities of	513
the United States to make payments into an unemployment fund under	514
a state unemployment compensation act, this chapter shall be	515
applicable to such instrumentalities and to services performed for	516
such instrumentalities in the same manner, to the same extent, and	517
on the same terms as to all other employers, individuals, and	518
services, provided that if this state is not certified for any	519
year by the proper agency of the United States under section 3304	520
of the "Internal Revenue Code of 1954," the payments required of	521
such instrumentalities with respect to such year shall be refunded	522
by the director from the fund in the same manner and within the	523
same period as is provided in division (E) of section 4141.09 of	524
the Revised Code with respect to contributions erroneously	525
collected;	526

(s) Service performed by an individual as a member of a band	527
or orchestra, provided such service does not represent the	528
principal occupation of such individual, and which service is not	529
subject to or required to be covered for full tax credit against	530
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	531
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after	532
December 31, 1971, for a nonprofit organization, this state or its	533
instrumentalities, or a political subdivision or its	534
instrumentalities, as part of an unemployment work-relief or	535
work-training program assisted or financed in whole or in part by	536
any federal agency or an agency of a state or political	537
subdivision thereof, by an individual receiving the work-relief or	538
work-training.	539

(t) Service performed in the employ of a day camp whose	540
camping season does not exceed twelve weeks in any calendar year,	541
and which service is not subject to the "Federal Unemployment Tax	542
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	543
performed after December 31, 1971:	544

(i) In the employ of a hospital, if the service is performed	545
by a patient of the hospital, as defined in division (W) of this	546
section;	547

(ii) For a prison or other correctional institution by an	548
inmate of the prison or correctional institution;	549

(iii) Service performed after December 31, 1977, by an inmate	550
of a custodial institution operated by the state, a political	551
subdivision, or a nonprofit organization.	552

(u) Service that is performed by a nonresident alien	553
individual for the period the individual temporarily is present in	554
the United States as a nonimmigrant under division (F), (J), (M),	555
or (Q) of section 101(a)(15) of the "Immigration and Nationality	556
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	557
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	558
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	559

(v) Notwithstanding any other provisions of division (B)(3)	560
of this section, services that are excluded under divisions	561
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	562
from employment when performed for a nonprofit organization, as	563
defined in division (X) of this section, or for this state or its	564
instrumentalities, or for a political subdivision or its	565
instrumentalities;	566

(w) Service that is performed by an individual working as an	567
election official or election worker if the amount of remuneration	568
received by the individual during the calendar year for services	569
as an election official or election worker is less than one	570
thousand dollars;	571

(x) Service performed for an elementary or secondary school	572
that is operated primarily for religious purposes, that is	573
described in subsection 501(c)(3) and exempt from federal income	574
taxation under subsection 501(a) of the Internal Revenue Code, 26	575
U.S.C.A. 501;	576

(y) Service performed by a person committed to a penal	577
institution.	578

(4) If the services performed during one half or more of any	579
pay period by an employee for the person employing that employee	580
constitute employment, all the services of such employee for such	581
period shall be deemed to be employment; but if the services	582
performed during more than one half of any such pay period by an	583
employee for the person employing that employee do not constitute	584
employment, then none of the services of such employee for such	585
period shall be deemed to be employment. As used in division	586
(B)(4) of this section, "pay period" means a period, of not more	587
than thirty-one consecutive days, for which payment of	588
remuneration is ordinarily made to the employee by the person	589
employing that employee. Division (B)(4) of this section does not	590
apply to services performed in a pay period by an employee for the	591
person employing that employee, if any of such service is excepted	592
by division (B)(3)(o) of this section.	593

(C) "Benefits" means money payments payable to an individual	594
who has established benefit rights, as provided in this chapter,	595
for loss of remuneration due to the individual's unemployment.	596

(D) "Benefit rights" means the weekly benefit amount and the	597
maximum benefit amount that may become payable to an individual	598
within the individual's benefit year as determined by the	599
director.	600

(E) "Claim for benefits" means a claim for waiting period or	601
benefits for a designated week.	602

(F) "Additional claim" means the first claim for benefits	603
filed following any separation from employment during a benefit	604
year; "continued claim" means any claim other than the first claim	605
for benefits and other than an additional claim.	606

(G)(1) "Wages" means remuneration paid to an employee by each	607
of the employee's employers with respect to employment; except	608
that wages shall not include that part of remuneration paid during	609
any calendar year to an individual by an employer or such	610
employer's predecessor in interest in the same business or	611
enterprise, which in any calendar year is in excess of eight	612
thousand two hundred fifty dollars on and after January 1, 1992;	613
eight thousand five hundred dollars on and after January 1, 1993;	614
eight thousand seven hundred fifty dollars on and after January 1,	615
1994; and nine thousand dollars on and after January 1, 1995.	616
Remuneration in excess of such amounts shall be deemed wages	617
subject to contribution to the same extent that such remuneration	618
is defined as wages under the "Federal Unemployment Tax Act," 84	619
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	620
remuneration paid an employee by an employer with respect to	621
employment in another state, upon which contributions were	622
required and paid by such employer under the unemployment	623
compensation act of such other state, shall be included as a part	624
of remuneration in computing the amount specified in this	625
division.	626

(2) Notwithstanding division (G)(1) of this section, if, as	627
of the computation date for any calendar year, the director	628
determines that the level of the unemployment compensation fund is	629
sixty per cent or more below the minimum safe level as defined in	630
section 4141.25 of the Revised Code, then, effective the first day	631
of January of the following calendar year, wages subject to this	632
chapter shall not include that part of remuneration paid during	633
any calendar year to an individual by an employer or such	634
employer's predecessor in interest in the same business or	635
enterprise which is in excess of nine thousand dollars. The	636
increase in the dollar amount of wages subject to this chapter	637
under this division shall remain in effect from the date of the	638
director's determination pursuant to division (G)(2) of this	639
section and thereafter notwithstanding the fact that the level in	640
the fund may subsequently become less than sixty per cent below	641
the minimum safe level.	642

(H)(1) "Remuneration" means all compensation for personal	643
services, including commissions and bonuses and the cash value of	644
all compensation in any medium other than cash, except that in the	645
case of agricultural or domestic service, "remuneration" includes	646
only cash remuneration. Gratuities customarily received by an	647
individual in the course of the individual's employment from	648
persons other than the individual's employer and which are	649
accounted for by such individual to the individual's employer are	650
taxable wages.	651

The reasonable cash value of compensation paid in any medium	652
other than cash shall be estimated and determined in accordance	653
with rules prescribed by the director, provided that	654
"remuneration" does not include:	655

(a) Payments as provided in divisions (b)(2) to (b)(16) of	656
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	657
26 U.S.C.A. 3301 to 3311, as amended;	658

(b) The payment by an employer, without deduction from the	659
remuneration of the individual in the employer's employ, of the	660
tax imposed upon an individual in the employer's employ under	661
section 3101 of the "Internal Revenue Code of 1954," with respect	662
to services performed after October 1, 1941.	663

(2) "Cash remuneration" means all remuneration paid in cash,	664
including commissions and bonuses, but not including the cash	665
value of all compensation in any medium other than cash.	666

(I) "Interested party" means the director and any party to	667
whom notice of a determination of an application for benefit	668
rights or a claim for benefits is required to be given under	669
section 4141.28 of the Revised Code.	670

(J) "Annual payroll" means the total amount of wages subject	671
to contributions during a twelve-month period ending with the last	672
day of the second calendar quarter of any calendar year.	673

(K) "Average annual payroll" means the average of the last	674
three annual payrolls of an employer, provided that if, as of any	675
computation date, the employer has had less than three annual	676
payrolls in such three-year period, such average shall be based on	677
the annual payrolls which the employer has had as of such date.	678

(L)(1) "Contributions" means the money payments to the state	679
unemployment compensation fund required of employers by section	680
4141.25 of the Revised Code and of the state and any of its	681
political subdivisions electing to pay contributions under section	682
4141.242 of the Revised Code. Employers paying contributions shall	683
be described as "contributory employers."	684

(2) "Payments in lieu of contributions" means the money	685
payments to the state unemployment compensation fund required of	686
reimbursing employers under sections 4141.241 and 4141.242 of the	687
Revised Code.	688

(M) An individual is "totally unemployed" in any week during	689
which the individual performs no services and with respect to such	690
week no remuneration is payable to the individual.	691

(N) An individual is "partially unemployed" in any week if,	692
due to involuntary loss of work, the total remuneration payable to	693
the individual for such week is less than the individual's weekly	694
benefit amount.	695

(O) "Week" means the calendar week ending at midnight	696
Saturday unless an equivalent week of seven consecutive calendar	697
days is prescribed by the director.	698

(1) "Qualifying week" means any calendar week in an	699
individual's base period with respect to which the individual	700
earns or is paid remuneration in employment subject to this	701
chapter. A calendar week with respect to which an individual earns	702
remuneration but for which payment was not made within the base	703
period, when necessary to qualify for benefit rights, may be	704
considered to be a qualifying week. The number of qualifying weeks	705
which may be established in a calendar quarter shall not exceed	706
the number of calendar weeks in the quarter.	707

(2) "Average weekly wage" means the amount obtained by	708
dividing an individual's total remuneration for all qualifying	709
weeks during the base period by the number of such qualifying	710
weeks, provided that if the computation results in an amount that	711
is not a multiple of one dollar, such amount shall be rounded to	712
the next lower multiple of one dollar.	713

(P) "Weekly benefit amount" means the amount of benefits an	714
individual would be entitled to receive for one week of total	715
unemployment.	716

(Q)(1) "Base period" means the first four of the last five	717
completed calendar quarters immediately preceding the first day of	718
an individual's benefit year, except as provided in division	719
(Q)(2) of this section.	720

(2) If an individual does not have sufficient qualifying	721
weeks and wages in the base period to qualify for benefit rights,	722
the individual's base period shall be the four most recently	723
completed calendar quarters preceding the first day of the	724
individual's benefit year. Such base period shall be known as the	725
"alternate base period." If information as to weeks and wages for	726
the most recent quarter of the alternate base period is not	727
available to the director from the regular quarterly reports of	728
wage information, which are systematically accessible, the	729
director may, consistent with the provisions of section 4141.28 of	730
the Revised Code, base the determination of eligibility for	731
benefits on the affidavit of the claimant with respect to weeks	732
and wages for that calendar quarter. The claimant shall furnish	733
payroll documentation, where available, in support of the	734
affidavit. The determination based upon the alternate base period	735
as it relates to the claimant's benefit rights, shall be amended	736
when the quarterly report of wage information from the employer is	737
timely received and that information causes a change in the	738
determination. As provided in division (B) of section 4141.28 of	739
the Revised Code, any benefits paid and charged to an employer's	740
account, based upon a claimant's affidavit, shall be adjusted	741
effective as of the beginning of the claimant's benefit year. No	742
calendar quarter in a base period or alternate base period shall	743
be used to establish a subsequent benefit year.	744

(3) The "base period" of a combined wage claim, as described	745
in division (H) of section 4141.43 of the Revised Code, shall be	746
the base period prescribed by the law of the state in which the	747
claim is allowed.	748

(4) For purposes of determining the weeks that comprise a	749
completed calendar quarter under this division, only those weeks	750
ending at midnight Saturday within the calendar quarter shall be	751
utilized.	752

(R)(1) "Benefit year" with respect to an individual means the	753
fifty-two week period beginning with the first day of that week	754
with respect to which the individual first files a valid	755
application for determination of benefit rights, and thereafter	756
the fifty-two week period beginning with the first day of that	757
week with respect to which the individual next files a valid	758
application for determination of benefit rights after the	759
termination of the individual's last preceding benefit year,	760
except that the application shall not be considered valid unless	761
the individual has had employment in six weeks that is subject to	762
this chapter or the unemployment compensation act of another	763
state, or the United States, and has, since the beginning of the	764
individual's previous benefit year, in the employment earned three	765
times the average weekly wage determined for the previous benefit	766
year. The "benefit year" of a combined wage claim, as described in	767
division (H) of section 4141.43 of the Revised Code, shall be the	768
benefit year prescribed by the law of the state in which the claim	769
is allowed. Any application for determination of benefit rights	770
made in accordance with section 4141.28 of the Revised Code is	771
valid if the individual filing such application is unemployed, has	772
been employed by an employer or employers subject to this chapter	773
in at least twenty qualifying weeks within the individual's base	774
period, and has earned or been paid remuneration at an average	775
weekly wage of not less than twenty-seven and one-half per cent of	776
the statewide average weekly wage for such weeks. For purposes of	777
determining whether an individual has had sufficient employment	778
since the beginning of the individual's previous benefit year to	779
file a valid application, "employment" means the performance of	780
services for which remuneration is payable.	781

(2) Effective for benefit years beginning on and after	782
December 28, 200326, 2004, any application for determination of	783
benefit rights made in accordance with section 4141.28 of the	784
Revised Code is valid if the individual satisfies the criteria	785
described in division (R)(1) of this section, and if the reason	786
for the individual's separation from employment is not	787
disqualifying pursuant to division (D)(2) of section 4141.29 or	788
section 4141.291 of the Revised Code. A disqualification imposed	789
pursuant to division (D)(2) of section 4141.29 or section 4141.291	790
of the Revised Code must be removed as provided in those sections	791
as a requirement of establishing a valid application for benefit	792
years beginning on and after December 28, 200326, 2004.	793

(3) The statewide average weekly wage shall be calculated by	794
the director once a year based on the twelve-month period ending	795
the thirtieth day of June, as set forth in division (B)(3) of	796
section 4141.30 of the Revised Code, rounded down to the nearest	797
dollar. Increases or decreases in the amount of remuneration	798
required to have been earned or paid in order for individuals to	799
have filed valid applications shall become effective on Sunday of	800
the calendar week in which the first day of January occurs that	801
follows the twelve-month period ending the thirtieth day of June	802
upon which the calculation of the statewide average weekly wage	803
was based.	804

(4) As used in this division, an individual is "unemployed"	805
if, with respect to the calendar week in which such application is	806
filed, the individual is "partially unemployed" or "totally	807
unemployed" as defined in this section or if, prior to filing the	808
application, the individual was separated from the individual's	809
most recent work for any reason which terminated the individual's	810
employee-employer relationship, or was laid off indefinitely or	811
for a definite period of seven or more days.	812

(S) "Calendar quarter" means the period of three consecutive	813
calendar months ending on the thirty-first day of March, the	814
thirtieth day of June, the thirtieth day of September, and the	815
thirty-first day of December, or the equivalent thereof as the	816
director prescribes by rule.	817

(T) "Computation date" means the first day of the third	818
calendar quarter of any calendar year.	819

(U) "Contribution period" means the calendar year beginning	820
on the first day of January of any year.	821

(V) "Agricultural labor," for the purpose of this division,	822
means any service performed prior to January 1, 1972, which was	823
agricultural labor as defined in this division prior to that date,	824
and service performed after December 31, 1971:	825

(1) On a farm, in the employ of any person, in connection	826
with cultivating the soil, or in connection with raising or	827
harvesting any agricultural or horticultural commodity, including	828
the raising, shearing, feeding, caring for, training, and	829
management of livestock, bees, poultry, and fur-bearing animals	830
and wildlife;	831

(2) In the employ of the owner or tenant or other operator of	832
a farm in connection with the operation, management, conservation,	833
improvement, or maintenance of such farm and its tools and	834
equipment, or in salvaging timber or clearing land of brush and	835
other debris left by hurricane, if the major part of such service	836
is performed on a farm;	837

(3) In connection with the production or harvesting of any	838
commodity defined as an agricultural commodity in section 15 (g)	839
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	840
U.S.C. 1141j, as amended, or in connection with the ginning of	841
cotton, or in connection with the operation or maintenance of	842
ditches, canals, reservoirs, or waterways, not owned or operated	843
for profit, used exclusively for supplying and storing water for	844
farming purposes;	845

(4) In the employ of the operator of a farm in handling,	846
planting, drying, packing, packaging, processing, freezing,	847
grading, storing, or delivering to storage or to market or to a	848
carrier for transportation to market, in its unmanufactured state,	849
any agricultural or horticultural commodity, but only if the	850
operator produced more than one half of the commodity with respect	851
to which such service is performed;	852

(5) In the employ of a group of operators of farms, or a	853
cooperative organization of which the operators are members, in	854
the performance of service described in division (V)(4) of this	855
section, but only if the operators produced more than one-half of	856
the commodity with respect to which the service is performed;	857

(6) Divisions (V)(4) and (5) of this section shall not be	858
deemed to be applicable with respect to service performed:	859

(a) In connection with commercial canning or commercial	860
freezing or in connection with any agricultural or horticultural	861
commodity after its delivery to a terminal market for distribution	862
for consumption; or	863

(b) On a farm operated for profit if the service is not in	864
the course of the employer's trade or business.	865

As used in division (V) of this section, "farm" includes	866
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	867
plantations, ranches, nurseries, ranges, greenhouses, or other	868
similar structures used primarily for the raising of agricultural	869
or horticultural commodities and orchards.	870

(W) "Hospital" means an institution which has been registered	871
or licensed by the Ohio department of health as a hospital.	872

(X) "Nonprofit organization" means an organization, or group	873
of organizations, described in section 501(c)(3) of the "Internal	874
Revenue Code of 1954," and exempt from income tax under section	875
501(a) of that code.	876

(Y) "Institution of higher education" means a public or	877
nonprofit educational institution which:	878

(1) Admits as regular students only individuals having a	879
certificate of graduation from a high school, or the recognized	880
equivalent;	881

(2) Is legally authorized in this state to provide a program	882
of education beyond high school; and	883

(3) Provides an educational program for which it awards a	884
bachelor's or higher degree, or provides a program which is	885
acceptable for full credit toward such a degree, a program of	886
post-graduate or post-doctoral studies, or a program of training	887
to prepare students for gainful employment in a recognized	888
occupation.	889

For the purposes of this division, all colleges and	890
universities in this state are institutions of higher education.	891

(Z) For the purposes of this chapter, "states" includes the	892
District of Columbia, the Commonwealth of Puerto Rico, and the	893
Virgin Islands.	894

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	895
this section, an individual who is an alien admitted to the United	896
States to perform service in agricultural labor pursuant to	897
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	898
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	899

(BB)(1) "Crew leader" means an individual who furnishes	900
individuals to perform agricultural labor for any other employer	901
or farm operator, and:	902

(a) Pays, either on the individual's own behalf or on behalf	903
of the other employer or farm operator, the individuals so	904
furnished by the individual for the service in agricultural labor	905
performed by them;	906

(b) Has not entered into a written agreement with the other	907
employer or farm operator under which the agricultural worker is	908
designated as in the employ of the other employer or farm	909
operator.	910

(2) For the purposes of this chapter, any individual who is a	911
member of a crew furnished by a crew leader to perform service in	912
agricultural labor for any other employer or farm operator shall	913
be treated as an employee of the crew leader if:	914

(a) The crew leader holds a valid certificate of registration	915
under the "Farm Labor Contractor Registration Act of 1963," 90	916
Stat. 2668, 7 U.S.C. 2041; or	917

(b) Substantially all the members of the crew operate or	918
maintain tractors, mechanized harvesting or crop-dusting	919
equipment, or any other mechanized equipment, which is provided by	920
the crew leader; and	921

(c) If the individual is not in the employment of the other	922
employer or farm operator within the meaning of division (B)(1) of	923
this section.	924

(3) For the purposes of this division, any individual who is	925
furnished by a crew leader to perform service in agricultural	926
labor for any other employer or farm operator and who is not	927
treated as in the employment of the crew leader under division	928
(BB)(2) of this section shall be treated as the employee of the	929
other employer or farm operator and not of the crew leader. The	930
other employer or farm operator shall be treated as having paid	931
cash remuneration to the individual in an amount equal to the	932
amount of cash remuneration paid to the individual by the crew	933
leader, either on the crew leader's own behalf or on behalf of the	934
other employer or farm operator, for the service in agricultural	935
labor performed for the other employer or farm operator.	936

(CC) "Educational institution" means an institution other	937
than an institution of higher education as defined in division (Y)	938
of this section which:	939

(1) Offers participants, trainees, or students an organized	940
course of study or training designed to transfer to them	941
knowledge, skills, information, doctrines, attitudes, or abilities	942
from, by, or under the guidance of an instructor or teacher; and	943

(2) Is approved, chartered, or issued a permit to operate as	944
a school by the state board of education or other government	945
agency that is authorized within the state to approve, charter, or	946
issue a permit for the operation of a school.	947

For the purposes of this division, the courses of study or	948
training which the institution offers may be academic, technical,	949
trade, or preparation for gainful employment in a recognized	950
occupation.	951

Sec. 4141.281.

952

APPEALS

953

(A) APPEAL FILED

954

Any party notified of a determination of benefit rights or a	955
claim for benefits determination may appeal within twenty-one	956
calendar days after the written determination was sent to the	957
party or within an extended period as provided under division	958
(D)(9) of this section.	959

(B) REDETERMINATION

960

Within twenty-one days after receipt of the appeal, the	961
director of job and family services shall issue a redetermination	962
or transfer the appeal to the unemployment compensation review	963
commission. A redetermination under this section is appealable in	964
the same manner as an initial determination by the director.	965

(C) REVIEW COMMISSION

966

(1) JURISDICTION

967

The commission shall provide an opportunity for a fair	968
hearing to the interested parties of appeals over which the	969
commission has jurisdiction. The commission has jurisdiction over	970
an appeal on transfer or on direct appeal to the commission. If	971
the commission concludes that a pending appeal does not warrant a	972
hearing, the commission may remand the appeal to the director for	973
redetermination. The commission retains jurisdiction until the	974
appeal is remanded to the director or a final decision is issued	975
and appealed to court, or the time to request a review or to	976
appeal a decision of a hearing officer or the commission is	977
expired.	978

(2) CONDUCT OF HEARINGS

979

Hearings before the commission are held at the hearing	980
officer level and the review level. Unless otherwise provided in	981
this chapter, initial hearings involving claims for compensation	982
and other unemployment compensation issues are conducted at the	983
hearing officer level by hearing officers appointed by the	984
commission. Hearings at the review level are conducted by hearing	985
officers appointed by the commission, by members of the commission	986
acting either individually or collectively, and by members of the	987
commission and hearing officers acting jointly. In all hearings	988
conducted at the review level, the commission shall designate the	989
hearing officer or officers who are to conduct the hearing. When	990
the term "hearing officer" is used in reference to hearings	991
conducted at the review level, the term includes members of the	992
commission. All decisions issued at the review level are issued by	993
the commission.	994

Provisions contained in the remainder of this paragraph apply	995
to hearings at both the hearing officer level and the review	996
level. The principles of due process in administrative hearings	997
shall be applied to all hearings conducted under the authority of	998
the commission. In conducting hearings, all hearing officers shall	999
control the conduct of the hearing, exclude irrelevant or	1000
cumulative evidence, and give weight to the kind of evidence on	1001
which reasonably prudent persons are accustomed to rely in the	1002
conduct of serious affairs. Hearing officers have an affirmative	1003
duty to question parties and witnesses in order to ascertain the	1004
relevant facts and to fully and fairly develop the record. Hearing	1005
officers are not bound by common law or statutory rules of	1006
evidence or by technical or formal rules of procedure. No person	1007
shall impose upon the claimant or the employer any burden of proof	1008
as is required in a court of law. The proceedings at hearings	1009
shall be recorded by mechanical means or otherwise as may be	1010
prescribed by the commission. In the absence of further	1011
proceedings, the record need not be transcribed. After considering	1012
all of the evidence, a hearing officer shall issue a written	1013
decision that sets forth the facts as the hearing officer finds	1014
them to be, cites the applicable law, and gives the reasoning for	1015
the decision.	1016

(3) HEARING OFFICER LEVEL

1017

When an appeal is transferred to the commission by the	1018
director, the commission shall notify all interested parties of	1019
the time and place of the hearing and assign the appeal for a	1020
hearing by a hearing officer. The hearings shall be de novo,	1021
except that the director's file pertaining to a case shall be	1022
included in the record to be considered.	1023

Following a hearing, the hearing officer shall affirm,	1024
modify, or reverse the determination of the director in the manner	1025
that appears just and proper. The hearing officer's written	1026
decision shall be sent to all interested parties. The decision	1027
shall state the right of an interested party to request a review	1028
by the commission.	1029

A request for review shall be filed within twenty-one days	1030
after the decision was sent to the party, or within an extended	1031
period as provided under division (D)(9) of this section. The	1032
hearing officer's decision shall become final unless a request for	1033
review is filed and allowed or the commission removes the appeal	1034
to itself within twenty-one days after the hearing officer's	1035
decision is sent.	1036

(4) REVIEW LEVEL

1037

At the review level, the commission may affirm, modify, or	1038
reverse previous determinations by the director or at the hearing	1039
officer level. At the review level, the commission may affirm,	1040
modify, or reverse a hearing officer's decision or remand the	1041
decision to the hearing officer level for further hearing. The	1042
commission shall consider an appeal at the review level under the	1043
following circumstances: when an appeal is required to be heard	1044
initially at the review level under this chapter; when the	1045
commission on its own motion removes an appeal to itself within	1046
twenty-one days after the hearing officer's decision is sent; when	1047
the assigned hearing officer refers an appeal to the commission	1048
before the hearing officer's decision is sent; or when an	1049
interested party files a request for review with the commission	1050
within twenty-one days after the hearing officer's decision is	1051
sent.	1052

(5) COMMISSION EXAMINATION

1053

The commission shall consider a request for review by an	1054
interested party, including the reasons for the request. The	1055
commission may adopt rules prescribing the methods for requesting	1056
a review. The commission may allow or disallow the request for	1057
review. The disallowance of a request for review constitutes a	1058
final decision by the commission.	1059

(6) REVIEW PROCEDURE

1060

If the commission allows a request for review, the commission	1061
shall notify all interested parties of that fact and provide a	1062
reasonable period of time, as the commission defines by rule, in	1063
which interested parties may file a response. After that period of	1064
time, the commission, based on the record before it, may do one of	1065
the following: affirm the decision of the hearing officer; provide	1066
for the appeal to be heard or reheard at the hearing officer or	1067
review level; provide for the appeal to be heard at the review	1068
level as a potential precedential decision; or provide for the	1069
decision to be rewritten without further hearing at the review	1070
level. When a further hearing is provided or the decision is	1071
rewritten, the commission may affirm, modify, or reverse the	1072
previous decision.	1073

(7) NOTICES

1074

The commission shall send written notice to all interested	1075
parties when it orders an appeal to be heard or reheard. The	1076
notice shall include the reasons for the hearing or rehearing.	1077

(8) PRECEDENTIAL

1078

An appeal the commission identifies as potentially	1079
precedential shall be heard at the review level. In the notice for	1080
that type of hearing, the commission shall notify the director,	1081
all interested parties, and any other parties, as the commission	1082
determines appropriate, that the appeal is designated as	1083
potentially precedential. After the hearing, parties shall be	1084
given the opportunity to submit briefs on the issue or issues	1085
involved. The commission may designate a decision as precedential	1086
after issuing the decision or at any point in the appeal process,	1087
even if the commission does not initially identify the appeal as	1088
potentially precedential.	1089

(9) MASS APPEALS

1090

When the commission determines that it has five appeals	1091
pending that have common facts or common issues, the commission	1092
may transfer the appeals to the review level on its own motion to	1093
be heard as a mass appeal, including appeals from claimants	1094
separated due to a labor dispute, on the condition that there are	1095
fewer than twenty-five claimants involved.	1096

To facilitate a mass hearing, the commission may allow an	1097
authorized agent to accept notice of hearing on behalf of	1098
claimants. An authorized agent may waive this notice of hearing	1099
and also the sending of decisions to individual claimants	1100
represented by the agent.	1101

(D) SPECIAL PROVISIONS

1102

(1) TIMELINESS OF APPEALS

1103

The date of the mailing provided by the director or the	1104
commission is sufficient evidence upon which to conclude that a	1105
determination, redetermination, or decision was sent to the party	1106
on that date. Appeals may be filed with the director, commission,	1107
with an employee of another state or federal agency charged with	1108
the duty of accepting claims, or with the unemployment insurance	1109
commission of Canada. Any timely written notice by an interested	1110
party indicating a desire to appeal shall be accepted.	1111

The director, commission, or authorized agent must receive	1112
the appeal within the specified appeal period in order for the	1113
appeal to be deemed timely filed, except that: if the United	1114
States postal service is used as the means of delivery, the	1115
enclosing envelope must have a postmark date or postal meter	1116
postmark that is on or before the last day of the specified appeal	1117
period; and where the postmark is illegible or missing, the appeal	1118
is timely filed if received not later than the end of the fifth	1119
calendar day following the last day of the specified appeal	1120
period.	1121

The director and the commission may adopt rules pertaining to	1122
alternate methods of filing appeals under this section.	1123

(2) WAIVER

1124

Interested parties may waive, in writing, a hearing at either	1125
the hearing officer or review level. If the parties waive a	1126
hearing, the hearing officer shall issue a decision based on the	1127
evidence of record.	1128

(3) TELEPHONE HEARINGS

1129

Hearing officers may conduct hearings at either the hearing	1130
officer or review level in person or by telephone. The commission	1131
shall adopt rules that designate the circumstances under which	1132
hearing officers may conduct a hearing by telephone or grant a	1133
party to the hearing the opportunity to object to a hearing by	1134
telephone. An interested party whose hearing would be by telephone	1135
may elect to have an in-person hearing, provided that the party	1136
agrees to have the hearing at the time and place the commission	1137
determines pursuant to rule.	1138

(4) EVENING HEARINGS

1139

Where a party requests that a hearing at either the hearing	1140
officer or review level be scheduled in the evening because the	1141
party is employed during the day, the commission shall schedule	1142
the hearing during hours that the party is not employed. If a	1143
conflict concerning a request for an evening hearing and an	1144
in-person hearing arises, the commission shall schedule the	1145
hearing by telephone during evening hours.	1146

(5) NO APPEARANCE -- APPELLANT

1147

For hearings at either the hearing officer or review level,	1148
if the appealing party fails to appear at the hearing, the hearing	1149
officer shall dismiss the appeal. The commission shall vacate the	1150
dismissal upon a showing that written notice of the hearing was	1151
not sent to that party's last known address, or good cause for the	1152
appellant's failure to appear is shown to the commission within	1153
fourteen days after the hearing date.	1154

If the commission finds that the appealing party's reason for	1155
failing to appear does not constitute good cause for failing to	1156
appear, the commission shall send written notice of that finding,	1157
and the appealing party may request a hearing to present testimony	1158
on the issue of good cause for failing to appear. The appealing	1159
party shall file a request for a hearing on the issue of good	1160
cause for failing to appear within ten days after the commission	1161
sends written notice indicating a finding of no good cause for	1162
failing to appear.	1163

(6) NO APPEARANCE -- APPELLEE

1164

For hearings at either the hearing officer or review level,	1165
if the appellee fails to appear at the hearing, the hearing	1166
officer shall proceed with the hearing and shall issue a decision	1167
based on the evidence of record. The commission shall vacate the	1168
decision upon a showing that written notice of the hearing was not	1169
sent to the appellee's last known address, or good cause for the	1170
appellee's failure to appear is shown to the commission within	1171
fourteen days after the hearing date.	1172

(7) AGENT

1173

Any appeal or request for review may be executed on behalf of	1174
any party or any group of claimants by an agent.	1175

(8) COLLATERAL ESTOPPEL

1176

No finding of fact or law, decision, or order of the	1177
director, hearing officer, or the commission, or a reviewing court	1178
under this section or section 4141.28 of the Revised Code shall be	1179
given collateral estoppel or res judicata effect in any separate	1180
or subsequent judicial, administrative, or arbitration proceeding,	1181
other than a proceeding arising under this chapter.	1182

(9) EXTENSION OF APPEAL PERIODS

1183

The time for filing an appeal or a request for review under	1184
this section or a court appeal under section 4141.282 of the	1185
Revised Code shall be extended in the manner described in the	1186
following four sentences. When the last day of an appeal period is	1187
a Saturday, Sunday, or legal holiday, the appeal period is	1188
extended to the next work day after the Saturday, Sunday, or legal	1189
holiday. When an interested party provides certified medical	1190
evidence stating that the interested party's physical condition or	1191
mental capacity prevented the interested party from filing an	1192
appeal or request for review under this section within the	1193
appropriate twenty-one-day period, the appeal period is extended	1194
to twenty-one days after the end of the physical or mental	1195
condition, and the appeal or request for review is considered	1196
timely filed if filed within that extended period. When an	1197
interested party provides evidence, which evidence may consist of	1198
testimony from the interested party, that is sufficient to	1199
establish that the party did not actually receive the	1200
determination or decision within the applicable appeal period	1201
under this section, and the director or the commission finds that	1202
the interested party did not actually receive the determination or	1203
decision within the applicable appeal period, then the appeal	1204
period is extended to twenty-one days after the interested party	1205
actually receives the determination or decision. When an	1206
interested party provides evidence, which evidence may consist of	1207
testimony from the interested party, that is sufficient to	1208
establish that the party did not actually receive a decision	1209
within the thirty-day appeal period provided in section 4141.282	1210
of the Revised Code, and a court of common pleas finds that the	1211
interested party did not actually receive the decision within that	1212
thirty-day appeal period, then the appeal period is extended to	1213
thirty days after the interested party actually receives the	1214
decision.	1215

Sec. 4141.29.  Each eligible individual shall receive	1216
benefits as compensation for loss of remuneration due to	1217
involuntary total or partial unemployment in the amounts and	1218
subject to the conditions stipulated in this chapter.	1219

(A) No individual is entitled to a waiting period or benefits	1220
for any week unless the individual:	1221

(1) Has filed a valid application for determination of	1222
benefit rights in accordance with section 4141.28 of the Revised	1223
Code;	1224

(2) Has made a claim for benefits in accordance with section	1225
4141.28 of the Revised Code;	1226

(3) Has registered at an employment office or other	1227
registration place maintained or designated by the director of job	1228
and family services. Registration shall be made in accordance with	1229
the time limits, frequency, and manner prescribed by the director.	1230

(4)(a)(i) Is able to work and available for suitable work	1231
and, except as provided in division (A)(4)(a)(ii) of this section,	1232
is actively seeking suitable work either in a locality in which	1233
the individual has earned wages subject to this chapter during the	1234
individual's base period, or if the individual leaves that	1235
locality, then in a locality where suitable work normally is	1236
performed.	1237

(ii) The director may waive the requirement that a claimant	1238
be actively seeking work when the director finds that aneither of	1239
the following is true:	1240

(I) The individual's unemployment is directly attributable to	1241
a major disaster declared by the president of the United States	1242
pursuant to the "Disaster Relief Act of 1974," 88 Stat. 143, 42	1243
U.S.C. 5121, and the employer's operation was adversely affected	1244
by the disaster, requests a waiver;	1245

(II) The individual has been laid off and the employer who	1246
laid the individual off has notified the director within ten days	1247
after the layoff, that work is expected to be available for the	1248
individual within a specified number of days not to exceed	1249
forty-five calendar days following the last day the individual	1250
worked. In the event the individual is not recalled within the	1251
specified period, this waiver shall cease to be operative with	1252
respect to that layoff.	1253

(b) The individual shall be instructed as to the efforts that	1254
the individual must make in the search for suitable work, except	1255
where the active search for work requirement has been waived under	1256
division (A)(4)(a) of this section, and shall keep a record of	1257
where and when the individual has sought work in complying with	1258
those instructions and, upon request, shall produce that record	1259
for examination by the director.	1260

(c) An individual who is attending a training course approved	1261
by the director meets the requirement of this division, if	1262
attendance was recommended by the director and the individual is	1263
regularly attending the course and is making satisfactory	1264
progress. An individual also meets the requirements of this	1265
division if the individual is participating and advancing in a	1266
training program, as defined in division (P) of section 5709.61 of	1267
the Revised Code, and if an enterprise, defined in division (B) of	1268
section 5709.61 of the Revised Code, is paying all or part of the	1269
cost of the individual's participation in the training program	1270
with the intention of hiring the individual for employment as a	1271
new employee, as defined in division (L) of section 5709.61 of the	1272
Revised Code, for at least ninety days after the individual's	1273
completion of the training program.	1274

(d) An individual who becomes unemployed while attending a	1275
regularly established school and whose base period qualifying	1276
weeks were earned in whole or in part while attending that school,	1277
meets the availability and active search for work requirements of	1278
division (A)(4)(a) of this section if the individual regularly	1279
attends the school during weeks with respect to which the	1280
individual claims unemployment benefits and makes self available	1281
on any shift of hours for suitable employment with the	1282
individual's most recent employer or any other employer in the	1283
individual's base period, or for any other suitable employment to	1284
which the individual is directed, under this chapter.	1285

(e) The director shall adopt any rules that the director	1286
deems necessary for the administration of division (A)(4) of this	1287
section.	1288

(f) Notwithstanding any other provisions of this section, no	1289
otherwise eligible individual shall be denied benefits for any	1290
week because the individual is in training approved under section	1291
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	1292
2296, nor shall that individual be denied benefits by reason of	1293
leaving work to enter such training, provided the work left is not	1294
suitable employment, or because of the application to any week in	1295
training of provisions in this chapter, or any applicable federal	1296
unemployment compensation law, relating to availability for work,	1297
active search for work, or refusal to accept work.	1298

For the purposes of division (A)(4)(f) of this section,	1299
"suitable employment" means with respect to an individual, work of	1300
a substantially equal or higher skill level than the individual's	1301
past adversely affected employment, as defined for the purposes of	1302
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	1303
wages for such work at not less than eighty per cent of the	1304
individual's average weekly wage as determined for the purposes of	1305
that federal act.	1306

(5) Is unable to obtain suitable work. An individual who is	1307
provided temporary work assignments by the individual's employer	1308
under agreed terms and conditions of employment, and who is	1309
required pursuant to those terms and conditions to inquire with	1310
the individual's employer for available work assignments upon the	1311
conclusion of each work assignment, is not considered unable to	1312
obtain suitable employment if suitable work assignments are	1313
available with the employer but the individual fails to contact	1314
the employer to inquire about work assignments.	1315

(6) Participates in reemployment services, such as job search	1316
assistance services, if the individual has been determined to be	1317
likely to exhaust benefits under this chapter, including	1318
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	1319
extended compensation, and needs reemployment services pursuant to	1320
the profiling system established by the director under division	1321
(K) of this section, unless the director determines that:	1322

(a) The individual has completed such services; or

1323

(b) There is justifiable cause for the claimant's failure to	1324
participate in such services.	1325

(B) An individual suffering total or partial unemployment is	1326
eligible for benefits for unemployment occurring subsequent to a	1327
waiting period of one week and no benefits shall be payable during	1328
this required waiting period, but noexcept when the unemployment	1329
during this waiting period is directly attributable to a major	1330
disaster declared by the president of the United States pursuant	1331
to the "Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C.	1332
5121. Not more than one week of waiting period shall be required	1333
of any such individual in any benefit year in order to establish	1334
the individual's eligibility for total or partial unemployment	1335
benefits.	1336

(C) The waiting period for total or partial unemployment	1337
shall commence on the first day of the first week with respect to	1338
which the individual first files a claim for benefits at an	1339
employment office or other place of registration maintained or	1340
designated by the director or on the first day of the first week	1341
with respect to which the individual has otherwise filed a claim	1342
for benefits in accordance with the rules of the department of job	1343
and family services, provided such claim is allowed by the	1344
director.	1345

(D) Notwithstanding division (A) of this section, no	1346
individual may serve a waiting period or be paid benefits under	1347
the following conditions:	1348

(1) For any week with respect to which the director finds	1349
that:	1350

(a) The individual's unemployment was due to a labor dispute	1351
other than a lockout at any factory, establishment, or other	1352
premises located in this or any other state and owned or operated	1353
by the employer by which the individual is or was last employed;	1354
and for so long as the individual's unemployment is due to such	1355
labor dispute. No individual shall be disqualified under this	1356
provision if either of the following applies:	1357

(i) The individual's employment was with such employer at any	1358
factory, establishment, or premises located in this state, owned	1359
or operated by such employer, other than the factory,	1360
establishment, or premises at which the labor dispute exists, if	1361
it is shown that the individual is not financing, participating	1362
in, or directly interested in such labor dispute;	1363

(ii) The individual's employment was with an employer not	1364
involved in the labor dispute but whose place of business was	1365
located within the same premises as the employer engaged in the	1366
dispute, unless the individual's employer is a wholly owned	1367
subsidiary of the employer engaged in the dispute, or unless the	1368
individual actively participates in or voluntarily stops work	1369
because of such dispute. If it is established that the claimant	1370
was laid off for an indefinite period and not recalled to work	1371
prior to the dispute, or was separated by the employer prior to	1372
the dispute for reasons other than the labor dispute, or that the	1373
individual obtained a bona fide job with another employer while	1374
the dispute was still in progress, such labor dispute shall not	1375
render the employee ineligible for benefits.	1376

(b) The individual has been given a disciplinary layoff for	1377
misconduct in connection with the individual's work.	1378

(2) For the duration of the individual's unemployment if the	1379
director finds that:	1380

(a) The individual quit work without just cause or has been	1381
discharged for just cause in connection with the individual's	1382
work, provided division (D)(2) of this section does not apply to	1383
the separation of a person under any of the following	1384
circumstances:	1385

(i) Separation from employment for the purpose of entering	1386
the armed forces of the United States if the individual makes	1387
application to enter, or is inducted into the armed forces within	1388
thirty days after such separation;	1389

(ii) Separation from employment pursuant to a	1390
labor-management contract or agreement, or pursuant to an	1391
established employer plan, program, or policy, which permits the	1392
employee, because of lack of work, to accept a separation from	1393
employment;	1394

(iii) The individual has left employment to accept a recall	1395
from a prior employer or, except as provided in division	1396
(D)(2)(a)(iv) of this section, to accept other employment as	1397
provided under section 4141.291 of the Revised Code, or left or	1398
was separated from employment that was concurrent employment at	1399
the time of the most recent separation or within six weeks prior	1400
to the most recent separation where the remuneration, hours, or	1401
other conditions of such concurrent employment were substantially	1402
less favorable than the individual's most recent employment and	1403
where such employment, if offered as new work, would be considered	1404
not suitable under the provisions of divisions (E) and (F) of this	1405
section. Any benefits that would otherwise be chargeable to the	1406
account of the employer from whom an individual has left	1407
employment or was separated from employment that was concurrent	1408
employment under conditions described in division (D)(2)(a)(iii)	1409
of this section, shall instead be charged to the mutualized	1410
account created by division (B) of section 4141.25 of the Revised	1411
Code, except that any benefits chargeable to the account of a	1412
reimbursing employer under division (D)(2)(a)(iii) of this section	1413
shall be charged to the account of the reimbursing employer and	1414
not to the mutualized account, except as provided in division	1415
(D)(2) of section 4141.24 of the Revised Code.	1416

(iv) When an individual has been issued a definite layoff	1417
date by the individual's employer and before the layoff date, the	1418
individual quits to accept other employment, the provisions of	1419
division (D)(2)(a)(iii) of this section apply and no	1420
disqualification shall be imposed under division (D) of this	1421
section. However, if the individual fails to meet the employment	1422
and earnings requirements of division (A)(2) of section 4141.291	1423
of the Revised Code, then the individual, pursuant to division	1424
(A)(5) of this section, shall be ineligible for benefits for any	1425
week of unemployment that occurs prior to the layoff date.	1426

(b) The individual has refused without good cause to accept	1427
an offer of suitable work when made by an employer either in	1428
person or to the individual's last known address, or has refused	1429
or failed to investigate a referral to suitable work when directed	1430
to do so by a local employment office of this state or another	1431
state, provided that this division shall not cause a	1432
disqualification for a waiting week or benefits under the	1433
following circumstances:	1434

(i) When work is offered by the individual's employer and the	1435
individual is not required to accept the offer pursuant to the	1436
terms of the labor-management contract or agreement; or	1437

(ii) When the individual is attending a vocational training	1438
course pursuant to division (A)(4) of this section except, in the	1439
event of a refusal to accept an offer of suitable work or a	1440
refusal or failure to investigate a referral, benefits thereafter	1441
paid to such individual shall not be charged to the account of any	1442
employer and, except as provided in division (B)(1)(b) of section	1443
4141.241 of the Revised Code, shall be charged to the mutualized	1444
account as provided in division (B) of section 4141.25 of the	1445
Revised Code.	1446

(c) Such individual quit work to marry or because of marital,	1447
parental, filial, or other domestic obligations.	1448

(d) The individual has knowingly made a false statement or	1449
representation or knowingly failed to report any material fact	1450
with the object of obtaining benefits to which the individual is	1451
not entitled.	1452

(e) The individual became unemployed by reason of commitment	1453
to any correctional institution.	1454

(f) The individual became unemployed because of dishonesty in	1455
connection with the individual's most recent or any base period	1456
work. Remuneration earned in such work shall be excluded from the	1457
individual's total base period remuneration and qualifying weeks	1458
that otherwise would be credited to the individual for such work	1459
in the individual's base period shall not be credited for the	1460
purpose of determining the total benefits to which the individual	1461
is eligible and the weekly benefit amount to be paid under section	1462
4141.30 of the Revised Code. Such excluded remuneration and	1463
noncredited qualifying weeks shall be excluded from the	1464
calculation of the maximum amount to be charged, under division	1465
(D) of section 4141.24 and section 4141.33 of the Revised Code,	1466
against the accounts of the individual's base period employers. In	1467
addition, no benefits shall thereafter be paid to the individual	1468
based upon such excluded remuneration or noncredited qualifying	1469
weeks.	1470

For purposes of division (D)(2)(f) of this section,	1471
"dishonesty" means the commission of substantive theft, fraud, or	1472
deceitful acts.	1473

(E) No individual otherwise qualified to receive benefits	1474
shall lose the right to benefits by reason of a refusal to accept	1475
new work if:	1476

(1) As a condition of being so employed the individual would	1477
be required to join a company union, or to resign from or refrain	1478
from joining any bona fide labor organization, or would be denied	1479
the right to retain membership in and observe the lawful rules of	1480
any such organization.	1481

(2) The position offered is vacant due directly to a strike,	1482
lockout, or other labor dispute.	1483

(3) The work is at an unreasonable distance from the	1484
individual's residence, having regard to the character of the work	1485
the individual has been accustomed to do, and travel to the place	1486
of work involves expenses substantially greater than that required	1487
for the individual's former work, unless the expense is provided	1488
for.	1489

(4) The remuneration, hours, or other conditions of the work	1490
offered are substantially less favorable to the individual than	1491
those prevailing for similar work in the locality.	1492

(F) Subject to the special exceptions contained in division	1493
(A)(4)(f) of this section and section 4141.301 of the Revised	1494
Code, in determining whether any work is suitable for a claimant	1495
in the administration of this chapter, the director, in addition	1496
to the determination required under division (E) of this section,	1497
shall consider the degree of risk to the claimant's health,	1498
safety, and morals, the individual's physical fitness for the	1499
work, the individual's prior training and experience, the length	1500
of the individual's unemployment, the distance of the available	1501
work from the individual's residence, and the individual's	1502
prospects for obtaining local work.	1503

(G) The "duration of unemployment" as used in this section	1504
means the full period of unemployment next ensuing after a	1505
separation from any base period or subsequent work and until an	1506
individual has become reemployed in employment subject to this	1507
chapter, or the unemployment compensation act of another state, or	1508
of the United States, and until such individual has worked six	1509
weeks and for those weeks has earned or been paid remuneration	1510
equal to six times an average weekly wage of not less than:	1511
eighty-five dollars and ten cents per week beginning on June 26,	1512
1990; and beginning on and after January 1, 1992, twenty-seven and	1513
one-half per cent of the statewide average weekly wage as computed	1514
each first day of January under division (B)(3) of section 4141.30	1515
of the Revised Code, rounded down to the nearest dollar, except	1516
for purposes of division (D)(2)(c) of this section, such term	1517
means the full period of unemployment next ensuing after a	1518
separation from such work and until such individual has become	1519
reemployed subject to the terms set forth above, and has earned	1520
wages equal to one-half of the individual's average weekly wage or	1521
sixty dollars, whichever is less.	1522

(H) If a claimant is disqualified under division (D)(2)(a),	1523
(c), or (e) of this section or found to be qualified under the	1524
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	1525
this section or division (A)(2) of section 4141.291 of the Revised	1526
Code, then benefits that may become payable to such claimant,	1527
which are chargeable to the account of the employer from whom the	1528
individual was separated under such conditions, shall be charged	1529
to the mutualized account provided in section 4141.25 of the	1530
Revised Code, provided that no charge shall be made to the	1531
mutualized account for benefits chargeable to a reimbursing	1532
employer, except as provided in division (D)(2) of section 4141.24	1533
of the Revised Code. In the case of a reimbursing employer, the	1534
director shall refund or credit to the account of the reimbursing	1535
employer any over-paid benefits that are recovered under division	1536
(B) of section 4141.35 of the Revised Code.	1537

(I)(1) Benefits based on service in employment as provided in	1538
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	1539
shall be payable in the same amount, on the same terms, and	1540
subject to the same conditions as benefits payable on the basis of	1541
other service subject to this chapter; except that after December	1542
31, 1977:	1543

(a) Benefits based on service in an instructional, research,	1544
or principal administrative capacity in an institution of higher	1545
education, as defined in division (Y) of section 4141.01 of the	1546
Revised Code; or for an educational institution as defined in	1547
division (CC) of section 4141.01 of the Revised Code, shall not be	1548
paid to any individual for any week of unemployment that begins	1549
during the period between two successive academic years or terms,	1550
or during a similar period between two regular but not successive	1551
terms or during a period of paid sabbatical leave provided for in	1552
the individual's contract, if the individual performs such	1553
services in the first of those academic years or terms and has a	1554
contract or a reasonable assurance that the individual will	1555
perform services in any such capacity for any such institution in	1556
the second of those academic years or terms.	1557

(b) Benefits based on service for an educational institution	1558
or an institution of higher education in other than an	1559
instructional, research, or principal administrative capacity,	1560
shall not be paid to any individual for any week of unemployment	1561
which begins during the period between two successive academic	1562
years or terms of the employing educational institution or	1563
institution of higher education, provided the individual performed	1564
those services for the educational institution or institution of	1565
higher education during the first such academic year or term and,	1566
there is a reasonable assurance that such individual will perform	1567
those services for any educational institution or institution of	1568
higher education in the second of such academic years or terms.	1569

If compensation is denied to any individual for any week	1570
under division (I)(1)(b) of this section and the individual was	1571
not offered an opportunity to perform those services for an	1572
institution of higher education or for an educational institution	1573
for the second of such academic years or terms, the individual is	1574
entitled to a retroactive payment of compensation for each week	1575
for which the individual timely filed a claim for compensation and	1576
for which compensation was denied solely by reason of division	1577
(I)(1)(b) of this section. An application for retroactive benefits	1578
shall be timely filed if received by the director or the	1579
director's deputy within or prior to the end of the fourth full	1580
calendar week after the end of the period for which benefits were	1581
denied because of reasonable assurance of employment. The	1582
provision for the payment of retroactive benefits under division	1583
(I)(1)(b) of this section is applicable to weeks of unemployment	1584
beginning on and after November 18, 1983. The provisions under	1585
division (I)(1)(b) of this section shall be retroactive to	1586
September 5, 1982, only if, as a condition for full tax credit	1587
against the tax imposed by the "Federal Unemployment Tax Act," 53	1588
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	1589
secretary of labor determines that retroactivity is required by	1590
federal law.	1591

(c) With respect to weeks of unemployment beginning after	1592
December 31, 1977, benefits shall be denied to any individual for	1593
any week which commences during an established and customary	1594
vacation period or holiday recess, if the individual performs any	1595
services described in divisions (I)(1)(a) and (b) of this section	1596
in the period immediately before the vacation period or holiday	1597
recess, and there is a reasonable assurance that the individual	1598
will perform any such services in the period immediately following	1599
the vacation period or holiday recess.	1600

(d) With respect to any services described in division	1601
(I)(1)(a), (b), or (c) of this section, benefits payable on the	1602
basis of services in any such capacity shall be denied as	1603
specified in division (I)(1)(a), (b), or (c) of this section to	1604
any individual who performs such services in an educational	1605
institution or institution of higher education while in the employ	1606
of an educational service agency. For this purpose, the term	1607
"educational service agency" means a governmental agency or	1608
governmental entity that is established and operated exclusively	1609
for the purpose of providing services to one or more educational	1610
institutions or one or more institutions of higher education.	1611

(e) Any individual employed by a public school district or a	1612
county board of mental retardation shall be notified by the	1613
thirtieth day of April each year if the individual is not to be	1614
reemployed the following academic year.	1615

(2) No disqualification will be imposed, between academic	1616
years or terms or during a vacation period or holiday recess under	1617
this division, unless the director or the director's deputy has	1618
received a statement in writing from the educational institution	1619
or institution of higher education that the claimant has a	1620
contract for, or a reasonable assurance of, reemployment for the	1621
ensuing academic year or term.	1622

(3) If an individual has employment with an educational	1623
institution or an institution of higher education and employment	1624
with a noneducational employer, during the base period of the	1625
individual's benefit year, then the individual may become eligible	1626
for benefits during the between-term, or vacation or holiday	1627
recess, disqualification period, based on employment performed for	1628
the noneducational employer, provided that the employment is	1629
sufficient to qualify the individual for benefit rights separately	1630
from the benefit rights based on school employment. The weekly	1631
benefit amount and maximum benefits payable during a	1632
disqualification period shall be computed based solely on the	1633
nonschool employment.	1634

(J) Benefits shall not be paid on the basis of employment	1635
performed by an alien, unless the alien had been lawfully admitted	1636
to the United States for permanent residence at the time the	1637
services were performed, was lawfully present for purposes of	1638
performing the services, or was otherwise permanently residing in	1639
the United States under color of law at the time the services were	1640
performed, under section 212(d)(5) of the "Immigration and	1641
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	1642

(1) Any data or information required of individuals applying	1643
for benefits to determine whether benefits are not payable to them	1644
because of their alien status shall be uniformly required from all	1645
applicants for benefits.	1646

(2) In the case of an individual whose application for	1647
benefits would otherwise be approved, no determination that	1648
benefits to the individual are not payable because of the	1649
individual's alien status shall be made except upon a	1650
preponderance of the evidence that the individual had not, in	1651
fact, been lawfully admitted to the United States.	1652

(K) The director shall establish and utilize a system of	1653
profiling all new claimants under this chapter that:	1654

(1) Identifies which claimants will be likely to exhaust	1655
regular compensation and will need job search assistance services	1656
to make a successful transition to new employment;	1657

(2) Refers claimants identified pursuant to division (K)(1)	1658
of this section to reemployment services, such as job search	1659
assistance services, available under any state or federal law;	1660

(3) Collects follow-up information relating to the services	1661
received by such claimants and the employment outcomes for such	1662
claimant's subsequent to receiving such services and utilizes such	1663
information in making identifications pursuant to division (K)(1)	1664
of this section; and	1665

(4) Meets such other requirements as the United States	1666
secretary of labor determines are appropriate.	1667

Section 2. That existing sections 3121.898, 3121.899,	1668
4141.01, 4141.281, and 4141.29 of the Revised Code are hereby	1669
repealed.	1670

Section 3. That Section 3 of S.B. 99 of the 124th General	1671
Assembly be amended to read as follows:	1672

Sec. 3. Notwithstanding division (R)(2) of section 4141.01 of	1673
the Revised Code as amended by this actS.B. 99 of the 124th	1674
General Assembly, the Director of Job and Family Services may	1675
specify that the provisions of that division are applicable for	1676
the determination of benefit rights involving benefit years	1677
beginning on or before December 28, 200326, 2004, if the Director	1678
determines that the technological systems necessary to effect the	1679
purposes of that division are operational and sufficiently	1680
adequate to assure no interruption in the discharge of the duties	1681
of the Director and the Department of Job and Family Services	1682
under Chapter 4141. of the Revised Code.	1683

Section 4. That existing Section 3 of S.B. 99 of the 124th	1684
General Assembly is hereby repealed.	1685