SENATORS Nein, Armbruster, Carey, Austria, Mumper, Roberts, White, Harris

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, to delay the implementation

10

of specified unemployment compensation application

11

requirements for a year and to declare an

12

emergency.

13

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

Section 1. That sections 3121.898, 3121.899, 4141.01,	14
4141.281, and 4141.29 of the Revised Code be amended to read as	15
follows:	16

Sec. 3121.898.  The department of job and family services	17
shall use the new hire reports it receives tofor any of the	18
following purposes set forth in 42 U.S.C. 653a, as amended,	19
including:	20

(A) To locate individuals for the purposes of establishing	21
paternity;and for establishing, modifying, and enforcing child	22
support orders being administered by child support enforcement	23
agencies in this state; and to detect fraud in any program	24
administered by the department.	25

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

26

(1) Any Title IV-A program as defined in section 5101.80 of	27
the Revised Code;	28

(2) The medicaid program authorized by Chapter 5111. of the	29
Revised Code;	30

(3) The unemployment compensation program authorized by	31
Chapter 4141. of the Revised Code;	32

(4) The food stamp program authorized by section 5101.54 of	33
the Revised Code;	34

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	35
amended.	36

(C) The administration of the employment security program	37
under the director of job and family services.	38

Sec. 3121.899. (A) The new hire reports filed with the	39
department of job and family services pursuant to section 3121.891	40
of the Revised Code shall not be considered public records for	41
purposes of section 149.43 of the Revised Code. The director of	42
job and family services may adopt rules under section 3125.51 of	43
the Revised Code governing access to, and use and disclosure of,	44
information contained in the new hire reports. The	45

(B) The department of job and family services may disclose	46
information in the new hire reports to all of the following:	47

(1) Any child support enforcement agency and any agent of the	48
department orunder contract with a child support enforcement	49
agency that is under contract with the department for the purposes	50
listed in division (A) of section 3121.898 of the Revised Code.	51
The department may submit to the bureau of workers' compensation a	52
copy of any new hire report it receives;	53

(2) Any county department of job and family services and any	54
agent under contract with a county department of job and family	55
services for the purposes listed in division (B) of section	56
3121.898 of the Revised Code;	57

(3) Employees of the department of job and family services	58
and any agent under contract with the department of job and family	59
services for the purposes listed in divisions (B) and (C) of	60
section 3121.898 of the Revised Code;	61

(4) The administrator of workers' compensation for the	62
purpose of administering the workers' compensation system pursuant	63
to Chapters 4121., 4123., 4127., and 4131. of the Revised Code.	64

Sec. 4141.01.  As used in this chapter, unless the context	65
otherwise requires:	66

(A)(1) "Employer" means the state, its instrumentalities, its	67
political subdivisions and their instrumentalities, and any	68
individual or type of organization including any partnership,	69
limited liability company, association, trust, estate, joint-stock	70
company, insurance company, or corporation, whether domestic or	71
foreign, or the receiver, trustee in bankruptcy, trustee, or the	72
successor thereof, or the legal representative of a deceased	73
person who subsequent to December 31, 1971, or in the case of	74
political subdivisions or their instrumentalities, subsequent to	75
December 31, 1973:	76

(a) Had in employment at least one individual, or in the case	77
of a nonprofit organization, subsequent to December 31, 1973, had	78
not less than four individuals in employment for some portion of a	79
day in each of twenty different calendar weeks, in either the	80
current or the preceding calendar year whether or not the same	81
individual was in employment in each such day; or	82

(b) Except for a nonprofit organization, had paid for service	83
in employment wages of fifteen hundred dollars or more in any	84
calendar quarter in either the current or preceding calendar year;	85
or	86

(c) Had paid, subsequent to December 31, 1977, for employment	87
in domestic service in a local college club, or local chapter of a	88
college fraternity or sorority, cash remuneration of one thousand	89
dollars or more in any calendar quarter in the current calendar	90
year or the preceding calendar year, or had paid subsequent to	91
December 31, 1977, for employment in domestic service in a private	92
home cash remuneration of one thousand dollars in any calendar	93
quarter in the current calendar year or the preceding calendar	94
year:	95

(i) For the purposes of divisions (A)(1)(a) and (b) of this	96
section, there shall not be taken into account any wages paid to,	97
or employment of, an individual performing domestic service as	98
described in this division.	99

(ii) An employer under this division shall not be an employer	100
with respect to wages paid for any services other than domestic	101
service unless the employer is also found to be an employer under	102
division (A)(1)(a), (b), or (d) of this section.	103

(d) As a farm operator or a crew leader subsequent to	104
December 31, 1977, had in employment individuals in agricultural	105
labor; and	106

(i) During any calendar quarter in the current calendar year	107
or the preceding calendar year, paid cash remuneration of twenty	108
thousand dollars or more for the agricultural labor; or	109

(ii) Had at least ten individuals in employment in	110
agricultural labor, not including agricultural workers who are	111
aliens admitted to the United States to perform agricultural labor	112
pursuant to sections 214(e) and 101(a)(15)(H) of the "Immigration	113
and Nationality Act," 66 Stat. 163, 8 U.S.C.A.	114
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the	115
twenty different calendar weeks, in either the current or	116
preceding calendar year whether or not the same individual was in	117
employment in each day; or	118

(e) Is not otherwise an employer as defined under division	119
(A)(1)(a) or (b) of this section; and	120

(i) For which, within either the current or preceding	121
calendar year, service, except for domestic service in a private	122
home not covered under division (A)(1)(c) of this section, is or	123
was performed with respect to which such employer is liable for	124
any federal tax against which credit may be taken for	125
contributions required to be paid into a state unemployment fund;	126

(ii) Which, as a condition for approval of this chapter for	127
full tax credit against the tax imposed by the "Federal	128
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	129
required, pursuant to such act to be an employer under this	130
chapter; or	131

(iii) Who became an employer by election under division	132
(A)(4) or (5) of this section and for the duration of such	133
election; or	134

(f) In the case of the state, its instrumentalities, its	135
political subdivisions, and their instrumentalities, had in	136
employment, as defined in division (B)(2)(a) of this section, at	137
least one individual;	138

(g) For the purposes of division (A)(1)(a) of this section,	139
if any week includes both the thirty-first day of December and the	140
first day of January, the days of that week before the first day	141
of January shall be considered one calendar week and the days	142
beginning the first day of January another week.	143

(2) Each individual employed to perform or to assist in	144
performing the work of any agent or employee of an employer is	145
employed by such employer for all the purposes of this chapter,	146
whether such individual was hired or paid directly by such	147
employer or by such agent or employee, provided the employer had	148
actual or constructive knowledge of the work. All individuals	149
performing services for an employer of any person in this state	150
who maintains two or more establishments within this state are	151
employed by a single employer for the purposes of this chapter.	152

(3) An employer subject to this chapter within any calendar	153
year is subject to this chapter during the whole of such year and	154
during the next succeeding calendar year.	155

(4) An employer not otherwise subject to this chapter who	156
files with the director of job and family services a written	157
election to become an employer subject to this chapter for not	158
less than two calendar years shall, with the written approval of	159
such election by the director, become an employer subject to this	160
chapter to the same extent as all other employers as of the date	161
stated in such approval, and shall cease to be subject to this	162
chapter as of the first day of January of any calendar year	163
subsequent to such two calendar years only if at least thirty days	164
prior to such first day of January the employer has filed with the	165
director a written notice to that effect.	166

(5) Any employer for whom services that do not constitute	167
employment are performed may file with the director a written	168
election that all such services performed by individuals in the	169
employer's employ in one or more distinct establishments or places	170
of business shall be deemed to constitute employment for all the	171
purposes of this chapter, for not less than two calendar years.	172
Upon written approval of the election by the director, such	173
services shall be deemed to constitute employment subject to this	174
chapter from and after the date stated in such approval. Such	175
services shall cease to be employment subject to this chapter as	176
of the first day of January of any calendar year subsequent to	177
such two calendar years only if at least thirty days prior to such	178
first day of January such employer has filed with the director a	179
written notice to that effect.	180

(B)(1) "Employment" means service performed by an individual	181
for remuneration under any contract of hire, written or oral,	182
express or implied, including service performed in interstate	183
commerce and service performed by an officer of a corporation,	184
without regard to whether such service is executive, managerial,	185
or manual in nature, and without regard to whether such officer is	186
a stockholder or a member of the board of directors of the	187
corporation, unless it is shown to the satisfaction of the	188
director that such individual has been and will continue to be	189
free from direction or control over the performance of such	190
service, both under a contract of service and in fact. The	191
director shall adopt rules to define "direction or control."	192

(2) "Employment" includes:

193

(a) Service performed after December 31, 1977, by an	194
individual in the employ of the state or any of its	195
instrumentalities, or any political subdivision thereof or any of	196
its instrumentalities or any instrumentality of more than one of	197
the foregoing or any instrumentality of any of the foregoing and	198
one or more other states or political subdivisions and without	199
regard to divisions (A)(1)(a) and (b) of this section, provided	200
that such service is excluded from employment as defined in the	201
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	202
3306(c)(7) and is not excluded under division (B)(3) of this	203
section; or the services of employees covered by voluntary	204
election, as provided under divisions (A)(4) and (5) of this	205
section;	206

(b) Service performed after December 31, 1971, by an	207
individual in the employ of a religious, charitable, educational,	208
or other organization which is excluded from the term "employment"	209
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	210
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	211
3306(c)(8) of that act and is not excluded under division (B)(3)	212
of this section;	213

(c) Domestic service performed after December 31, 1977, for	214
an employer, as provided in division (A)(1)(c) of this section;	215

(d) Agricultural labor performed after December 31, 1977, for	216
a farm operator or a crew leader, as provided in division	217
(A)(1)(d) of this section;	218

(e) Service not covered under division (B)(1) of this section	219
which is performed after December 31, 1971:	220

(i) As an agent-driver or commission-driver engaged in	221
distributing meat products, vegetable products, fruit products,	222
bakery products, beverages other than milk, laundry, or	223
dry-cleaning services, for the individual's employer or principal;	224

(ii) As a traveling or city salesperson, other than as an	225
agent-driver or commission-driver, engaged on a full-time basis in	226
the solicitation on behalf of and in the transmission to the	227
salesperson's employer or principal except for sideline sales	228
activities on behalf of some other person of orders from	229
wholesalers, retailers, contractors, or operators of hotels,	230
restaurants, or other similar establishments for merchandise for	231
resale, or supplies for use in their business operations, provided	232
that for the purposes of this division (B)(2)(e)(ii) of this	233
section, the services shall be deemed employment if the contract	234
of service contemplates that substantially all of the services are	235
to be performed personally by the individual and that the	236
individual does not have a substantial investment in facilities	237
used in connection with the performance of the services other than	238
in facilities for transportation, and the services are not in the	239
nature of a single transaction that is not a part of a continuing	240
relationship with the person for whom the services are performed.	241

(f) An individual's entire service performed within or both	242
within and without the state if:	243

(i) The service is localized in this state.

244

(ii) The service is not localized in any state, but some of	245
the service is performed in this state and either the base of	246
operations, or if there is no base of operations then the place	247
from which such service is directed or controlled, is in this	248
state or the base of operations or place from which such service	249
is directed or controlled is not in any state in which some part	250
of the service is performed but the individual's residence is in	251
this state.	252

(g) Service not covered under division (B)(2)(f)(ii) of this	253
section and performed entirely without this state, with respect to	254
no part of which contributions are required and paid under an	255
unemployment compensation law of any other state, the Virgin	256
Islands, Canada, or of the United States, if the individual	257
performing such service is a resident of this state and the	258
director approves the election of the employer for whom such	259
services are performed; or, if the individual is not a resident of	260
this state but the place from which the service is directed or	261
controlled is in this state, the entire services of such	262
individual shall be deemed to be employment subject to this	263
chapter, provided service is deemed to be localized within this	264
state if the service is performed entirely within this state or if	265
the service is performed both within and without this state but	266
the service performed without this state is incidental to the	267
individual's service within the state, for example, is temporary	268
or transitory in nature or consists of isolated transactions;	269

(h) Service of an individual who is a citizen of the United	270
States, performed outside the United States except in Canada after	271
December 31, 1971, or the Virgin Islands, after December 31, 1971,	272
and before the first day of January of the year following that in	273
which the United States secretary of labor approves the Virgin	274
Islands law for the first time, in the employ of an American	275
employer, other than service which is "employment" under divisions	276
(B)(2)(f) and (g) of this section or similar provisions of another	277
state's law, if:	278

(i) The employer's principal place of business in the United	279
States is located in this state;	280

(ii) The employer has no place of business in the United	281
States, but the employer is an individual who is a resident of	282
this state; or the employer is a corporation which is organized	283
under the laws of this state, or the employer is a partnership or	284
a trust and the number of partners or trustees who are residents	285
of this state is greater than the number who are residents of any	286
other state; or	287

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	288
of this section is met but the employer has elected coverage in	289
this state or the employer having failed to elect coverage in any	290
state, the individual has filed a claim for benefits, based on	291
such service, under this chapter.	292

(i) For the purposes of division (B)(2)(h) of this section,	293
the term "American employer" means an employer who is an	294
individual who is a resident of the United States; or a	295
partnership, if two-thirds or more of the partners are residents	296
of the United States; or a trust, if all of the trustees are	297
residents of the United States; or a corporation organized under	298
the laws of the United States or of any state, provided the term	299
"United States" includes the states, the District of Columbia, the	300
Commonwealth of Puerto Rico, and the Virgin Islands.	301

(j) Notwithstanding any other provisions of divisions (B)(1)	302
and (2) of this section, service, except for domestic service in a	303
private home not covered under division (A)(1)(c) of this section,	304
with respect to which a tax is required to be paid under any	305
federal law imposing a tax against which credit may be taken for	306
contributions required to be paid into a state unemployment fund,	307
or service, except for domestic service in a private home not	308
covered under division (A)(1)(c) of this section, which, as a	309
condition for full tax credit against the tax imposed by the	310
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	311
3311, is required to be covered under this chapter.	312

(k) Construction services performed by any individual under a	313
construction contract, as defined in section 4141.39 of the	314
Revised Code, if the director determines that the employer for	315
whom services are performed has the right to direct or control the	316
performance of the services and that the individuals who perform	317
the services receive remuneration for the services performed. The	318
director shall presume that the employer for whom services are	319
performed has the right to direct or control the performance of	320
the services if ten or more of the following criteria apply:	321

(i) The employer directs or controls the manner or method by	322
which instructions are given to the individual performing	323
services;	324

(ii) The employer requires particular training for the	325
individual performing services;	326

(iii) Services performed by the individual are integrated	327
into the regular functioning of the employer;	328

(iv) The employer requires that services be provided by a	329
particular individual;	330

(v) The employer hires, supervises, or pays the wages of the	331
individual performing services;	332

(vi) A continuing relationship between the employer and the	333
individual performing services exists which contemplates	334
continuing or recurring work, even if not full-time work;	335

(vii) The employer requires the individual to perform	336
services during established hours;	337

(viii) The employer requires that the individual performing	338
services be devoted on a full-time basis to the business of the	339
employer;	340

(ix) The employer requires the individual to perform services	341
on the employer's premises;	342

(x) The employer requires the individual performing services	343
to follow the order of work established by the employer;	344

(xi) The employer requires the individual performing services	345
to make oral or written reports of progress;	346

(xii) The employer makes payment to the individual for	347
services on a regular basis, such as hourly, weekly, or monthly;	348

(xiii) The employer pays expenses for the individual	349
performing services;	350

(xiv) The employer furnishes the tools and materials for use	351
by the individual to perform services;	352

(xv) The individual performing services has not invested in	353
the facilities used to perform services;	354

(xvi) The individual performing services does not realize a	355
profit or suffer a loss as a result of the performance of the	356
services;	357

(xvii) The individual performing services is not performing	358
services for more than two employers simultaneously;	359

(xviii) The individual performing services does not make the	360
services available to the general public;	361

(xix) The employer has a right to discharge the individual	362
performing services;	363

(xx) The individual performing services has the right to end	364
the individual's relationship with the employer without incurring	365
liability pursuant to an employment contract or agreement.	366

(3) "Employment" does not include the following services if	367
they are found not subject to the "Federal Unemployment Tax Act,"	368
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	369
are not required to be included under division (B)(2)(j) of this	370
section:	371

(a) Service performed after December 31, 1977, in	372
agricultural labor, except as provided in division (A)(1)(d) of	373
this section;	374

(b) Domestic service performed after December 31, 1977, in a	375
private home, local college club, or local chapter of a college	376
fraternity or sorority except as provided in division (A)(1)(c) of	377
this section;	378

(c) Service performed after December 31, 1977, for this state	379
or a political subdivision as described in division (B)(2)(a) of	380
this section when performed:	381

(i) As a publicly elected official;

382

(ii) As a member of a legislative body, or a member of the	383
judiciary;	384

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

385

(iv) As an employee, not in the classified service as defined	386
in section 124.11 of the Revised Code, serving on a temporary	387
basis in case of fire, storm, snow, earthquake, flood, or similar	388
emergency;	389

(v) In a position which, under or pursuant to law, is	390
designated as a major nontenured policymaking or advisory	391
position, not in the classified service of the state, or a	392
policymaking or advisory position the performance of the duties of	393
which ordinarily does not require more than eight hours per week.	394

(d) In the employ of any governmental unit or instrumentality	395
of the United States;	396

(e) Service performed after December 31, 1971:

397

(i) Service in the employ of an educational institution or	398
institution of higher education, including those operated by the	399
state or a political subdivision, if such service is performed by	400
a student who is enrolled and is regularly attending classes at	401
the educational institution or institution of higher education; or	402

(ii) By an individual who is enrolled at a nonprofit or	403
public educational institution which normally maintains a regular	404
faculty and curriculum and normally has a regularly organized body	405
of students in attendance at the place where its educational	406
activities are carried on as a student in a full-time program,	407
taken for credit at the institution, which combines academic	408
instruction with work experience, if the service is an integral	409
part of the program, and the institution has so certified to the	410
employer, provided that this subdivision shall not apply to	411
service performed in a program established for or on behalf of an	412
employer or group of employers;	413

(f) Service performed by an individual in the employ of the	414
individual's son, daughter, or spouse and service performed by a	415
child under the age of eighteen in the employ of the child's	416
father or mother;	417

(g) Service performed for one or more principals by an	418
individual who is compensated on a commission basis, who in the	419
performance of the work is master of the individual's own time and	420
efforts, and whose remuneration is wholly dependent on the amount	421
of effort the individual chooses to expend, and which service is	422
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	423
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	424
31, 1971:	425

(i) By an individual for an employer as an insurance agent or	426
as an insurance solicitor, if all this service is performed for	427
remuneration solely by way of commission;	428

(ii) As a home worker performing work, according to	429
specifications furnished by the employer for whom the services are	430
performed, on materials or goods furnished by such employer which	431
are required to be returned to the employer or to a person	432
designated for that purpose.	433

(h) Service performed after December 31, 1971:

434

(i) In the employ of a church or convention or association of	435
churches, or in an organization which is operated primarily for	436
religious purposes and which is operated, supervised, controlled,	437
or principally supported by a church or convention or association	438
of churches;	439

(ii) By a duly ordained, commissioned, or licensed minister	440
of a church in the exercise of the individual's ministry or by a	441
member of a religious order in the exercise of duties required by	442
such order; or	443

(iii) In a facility conducted for the purpose of carrying out	444
a program of rehabilitation for individuals whose earning capacity	445
is impaired by age or physical or mental deficiency or injury, or	446
providing remunerative work for individuals who because of their	447
impaired physical or mental capacity cannot be readily absorbed in	448
the competitive labor market, by an individual receiving such	449
rehabilitation or remunerative work;	450

(i) Service performed after June 30, 1939, with respect to	451
which unemployment compensation is payable under the "Railroad	452
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	453

(j) Service performed by an individual in the employ of any	454
organization exempt from income tax under section 501 of the	455
"Internal Revenue Code of 1954," if the remuneration for such	456
service does not exceed fifty dollars in any calendar quarter, or	457
if such service is in connection with the collection of dues or	458
premiums for a fraternal beneficial society, order, or association	459
and is performed away from the home office or is ritualistic	460
service in connection with any such society, order, or	461
association;	462

(k) Casual labor not in the course of an employer's trade or	463
business; incidental service performed by an officer, appraiser,	464
or member of a finance committee of a bank, building and loan	465
association, savings and loan association, or savings association	466
when the remuneration for such incidental service exclusive of the	467
amount paid or allotted for directors' fees does not exceed sixty	468
dollars per calendar quarter is casual labor;	469

(l) Service performed in the employ of a voluntary employees'	470
beneficial association providing for the payment of life,	471
sickness, accident, or other benefits to the members of such	472
association or their dependents or their designated beneficiaries,	473
if admission to a membership in such association is limited to	474
individuals who are officers or employees of a municipal or public	475
corporation, of a political subdivision of the state, or of the	476
United States and no part of the net earnings of such association	477
inures, other than through such payments, to the benefit of any	478
private shareholder or individual;	479

(m) Service performed by an individual in the employ of a	480
foreign government, including service as a consular or other	481
officer or employee or of a nondiplomatic representative;	482

(n) Service performed in the employ of an instrumentality	483
wholly owned by a foreign government if the service is of a	484
character similar to that performed in foreign countries by	485
employees of the United States or of an instrumentality thereof	486
and if the director finds that the secretary of state of the	487
United States has certified to the secretary of the treasury of	488
the United States that the foreign government, with respect to	489
whose instrumentality exemption is claimed, grants an equivalent	490
exemption with respect to similar service performed in the foreign	491
country by employees of the United States and of instrumentalities	492
thereof;	493

(o) Service with respect to which unemployment compensation	494
is payable under an unemployment compensation system established	495
by an act of congress;	496

(p) Service performed as a student nurse in the employ of a	497
hospital or a nurses' training school by an individual who is	498
enrolled and is regularly attending classes in a nurses' training	499
school chartered or approved pursuant to state law, and service	500
performed as an intern in the employ of a hospital by an	501
individual who has completed a four years' course in a medical	502
school chartered or approved pursuant to state law;	503

(q) Service performed by an individual under the age of	504
eighteen in the delivery or distribution of newspapers or shopping	505
news, not including delivery or distribution to any point for	506
subsequent delivery or distribution;	507

(r) Service performed in the employ of the United States or	508
an instrumentality of the United States immune under the	509
constitutionConstitution of the United States from the	510
contributions imposed by this chapter, except that to the extent	511
that congress permits states to require any instrumentalities of	512
the United States to make payments into an unemployment fund under	513
a state unemployment compensation act, this chapter shall be	514
applicable to such instrumentalities and to services performed for	515
such instrumentalities in the same manner, to the same extent, and	516
on the same terms as to all other employers, individuals, and	517
services, provided that if this state is not certified for any	518
year by the proper agency of the United States under section 3304	519
of the "Internal Revenue Code of 1954," the payments required of	520
such instrumentalities with respect to such year shall be refunded	521
by the director from the fund in the same manner and within the	522
same period as is provided in division (E) of section 4141.09 of	523
the Revised Code with respect to contributions erroneously	524
collected;	525

(s) Service performed by an individual as a member of a band	526
or orchestra, provided such service does not represent the	527
principal occupation of such individual, and which service is not	528
subject to or required to be covered for full tax credit against	529
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	530
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after	531
December 31, 1971, for a nonprofit organization, this state or its	532
instrumentalities, or a political subdivision or its	533
instrumentalities, as part of an unemployment work-relief or	534
work-training program assisted or financed in whole or in part by	535
any federal agency or an agency of a state or political	536
subdivision thereof, by an individual receiving the work-relief or	537
work-training.	538

(t) Service performed in the employ of a day camp whose	539
camping season does not exceed twelve weeks in any calendar year,	540
and which service is not subject to the "Federal Unemployment Tax	541
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	542
performed after December 31, 1971:	543

(i) In the employ of a hospital, if the service is performed	544
by a patient of the hospital, as defined in division (W) of this	545
section;	546

(ii) For a prison or other correctional institution by an	547
inmate of the prison or correctional institution;	548

(iii) Service performed after December 31, 1977, by an inmate	549
of a custodial institution operated by the state, a political	550
subdivision, or a nonprofit organization.	551

(u) Service that is performed by a nonresident alien	552
individual for the period the individual temporarily is present in	553
the United States as a nonimmigrant under division (F), (J), (M),	554
or (Q) of section 101(a)(15) of the "Immigration and Nationality	555
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	556
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	557
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	558

(v) Notwithstanding any other provisions of division (B)(3)	559
of this section, services that are excluded under divisions	560
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	561
from employment when performed for a nonprofit organization, as	562
defined in division (X) of this section, or for this state or its	563
instrumentalities, or for a political subdivision or its	564
instrumentalities;	565

(w) Service that is performed by an individual working as an	566
election official or election worker if the amount of remuneration	567
received by the individual during the calendar year for services	568
as an election official or election worker is less than one	569
thousand dollars;	570

(x) Service performed for an elementary or secondary school	571
that is operated primarily for religious purposes, that is	572
described in subsection 501(c)(3) and exempt from federal income	573
taxation under subsection 501(a) of the Internal Revenue Code, 26	574
U.S.C.A. 501;	575

(y) Service performed by a person committed to a penal	576
institution.	577

(4) If the services performed during one half or more of any	578
pay period by an employee for the person employing that employee	579
constitute employment, all the services of such employee for such	580
period shall be deemed to be employment; but if the services	581
performed during more than one half of any such pay period by an	582
employee for the person employing that employee do not constitute	583
employment, then none of the services of such employee for such	584
period shall be deemed to be employment. As used in division	585
(B)(4) of this section, "pay period" means a period, of not more	586
than thirty-one consecutive days, for which payment of	587
remuneration is ordinarily made to the employee by the person	588
employing that employee. Division (B)(4) of this section does not	589
apply to services performed in a pay period by an employee for the	590
person employing that employee, if any of such service is excepted	591
by division (B)(3)(o) of this section.	592

(C) "Benefits" means money payments payable to an individual	593
who has established benefit rights, as provided in this chapter,	594
for loss of remuneration due to the individual's unemployment.	595

(D) "Benefit rights" means the weekly benefit amount and the	596
maximum benefit amount that may become payable to an individual	597
within the individual's benefit year as determined by the	598
director.	599

(E) "Claim for benefits" means a claim for waiting period or	600
benefits for a designated week.	601

(F) "Additional claim" means the first claim for benefits	602
filed following any separation from employment during a benefit	603
year; "continued claim" means any claim other than the first claim	604
for benefits and other than an additional claim.	605

(G)(1) "Wages" means remuneration paid to an employee by each	606
of the employee's employers with respect to employment; except	607
that wages shall not include that part of remuneration paid during	608
any calendar year to an individual by an employer or such	609
employer's predecessor in interest in the same business or	610
enterprise, which in any calendar year is in excess of eight	611
thousand two hundred fifty dollars on and after January 1, 1992;	612
eight thousand five hundred dollars on and after January 1, 1993;	613
eight thousand seven hundred fifty dollars on and after January 1,	614
1994; and nine thousand dollars on and after January 1, 1995.	615
Remuneration in excess of such amounts shall be deemed wages	616
subject to contribution to the same extent that such remuneration	617
is defined as wages under the "Federal Unemployment Tax Act," 84	618
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	619
remuneration paid an employee by an employer with respect to	620
employment in another state, upon which contributions were	621
required and paid by such employer under the unemployment	622
compensation act of such other state, shall be included as a part	623
of remuneration in computing the amount specified in this	624
division.	625

(2) Notwithstanding division (G)(1) of this section, if, as	626
of the computation date for any calendar year, the director	627
determines that the level of the unemployment compensation fund is	628
sixty per cent or more below the minimum safe level as defined in	629
section 4141.25 of the Revised Code, then, effective the first day	630
of January of the following calendar year, wages subject to this	631
chapter shall not include that part of remuneration paid during	632
any calendar year to an individual by an employer or such	633
employer's predecessor in interest in the same business or	634
enterprise which is in excess of nine thousand dollars. The	635
increase in the dollar amount of wages subject to this chapter	636
under this division shall remain in effect from the date of the	637
director's determination pursuant to division (G)(2) of this	638
section and thereafter notwithstanding the fact that the level in	639
the fund may subsequently become less than sixty per cent below	640
the minimum safe level.	641

(H)(1) "Remuneration" means all compensation for personal	642
services, including commissions and bonuses and the cash value of	643
all compensation in any medium other than cash, except that in the	644
case of agricultural or domestic service, "remuneration" includes	645
only cash remuneration. Gratuities customarily received by an	646
individual in the course of the individual's employment from	647
persons other than the individual's employer and which are	648
accounted for by such individual to the individual's employer are	649
taxable wages.	650

The reasonable cash value of compensation paid in any medium	651
other than cash shall be estimated and determined in accordance	652
with rules prescribed by the director, provided that	653
"remuneration" does not include:	654

(a) Payments as provided in divisions (b)(2) to (b)(16) of	655
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	656
26 U.S.C.A. 3301 to 3311, as amended;	657

(b) The payment by an employer, without deduction from the	658
remuneration of the individual in the employer's employ, of the	659
tax imposed upon an individual in the employer's employ under	660
section 3101 of the "Internal Revenue Code of 1954," with respect	661
to services performed after October 1, 1941.	662

(2) "Cash remuneration" means all remuneration paid in cash,	663
including commissions and bonuses, but not including the cash	664
value of all compensation in any medium other than cash.	665

(I) "Interested party" means the director and any party to	666
whom notice of a determination of an application for benefit	667
rights or a claim for benefits is required to be given under	668
section 4141.28 of the Revised Code.	669

(J) "Annual payroll" means the total amount of wages subject	670
to contributions during a twelve-month period ending with the last	671
day of the second calendar quarter of any calendar year.	672

(K) "Average annual payroll" means the average of the last	673
three annual payrolls of an employer, provided that if, as of any	674
computation date, the employer has had less than three annual	675
payrolls in such three-year period, such average shall be based on	676
the annual payrolls which the employer has had as of such date.	677

(L)(1) "Contributions" means the money payments to the state	678
unemployment compensation fund required of employers by section	679
4141.25 of the Revised Code and of the state and any of its	680
political subdivisions electing to pay contributions under section	681
4141.242 of the Revised Code. Employers paying contributions shall	682
be described as "contributory employers."	683

(2) "Payments in lieu of contributions" means the money	684
payments to the state unemployment compensation fund required of	685
reimbursing employers under sections 4141.241 and 4141.242 of the	686
Revised Code.	687

(M) An individual is "totally unemployed" in any week during	688
which the individual performs no services and with respect to such	689
week no remuneration is payable to the individual.	690

(N) An individual is "partially unemployed" in any week if,	691
due to involuntary loss of work, the total remuneration payable to	692
the individual for such week is less than the individual's weekly	693
benefit amount.	694

(O) "Week" means the calendar week ending at midnight	695
Saturday unless an equivalent week of seven consecutive calendar	696
days is prescribed by the director.	697

(1) "Qualifying week" means any calendar week in an	698
individual's base period with respect to which the individual	699
earns or is paid remuneration in employment subject to this	700
chapter. A calendar week with respect to which an individual earns	701
remuneration but for which payment was not made within the base	702
period, when necessary to qualify for benefit rights, may be	703
considered to be a qualifying week. The number of qualifying weeks	704
which may be established in a calendar quarter shall not exceed	705
the number of calendar weeks in the quarter.	706

(2) "Average weekly wage" means the amount obtained by	707
dividing an individual's total remuneration for all qualifying	708
weeks during the base period by the number of such qualifying	709
weeks, provided that if the computation results in an amount that	710
is not a multiple of one dollar, such amount shall be rounded to	711
the next lower multiple of one dollar.	712

(P) "Weekly benefit amount" means the amount of benefits an	713
individual would be entitled to receive for one week of total	714
unemployment.	715

(Q)(1) "Base period" means the first four of the last five	716
completed calendar quarters immediately preceding the first day of	717
an individual's benefit year, except as provided in division	718
(Q)(2) of this section.	719

(2) If an individual does not have sufficient qualifying	720
weeks and wages in the base period to qualify for benefit rights,	721
the individual's base period shall be the four most recently	722
completed calendar quarters preceding the first day of the	723
individual's benefit year. Such base period shall be known as the	724
"alternate base period." If information as to weeks and wages for	725
the most recent quarter of the alternate base period is not	726
available to the director from the regular quarterly reports of	727
wage information, which are systematically accessible, the	728
director may, consistent with the provisions of section 4141.28 of	729
the Revised Code, base the determination of eligibility for	730
benefits on the affidavit of the claimant with respect to weeks	731
and wages for that calendar quarter. The claimant shall furnish	732
payroll documentation, where available, in support of the	733
affidavit. The determination based upon the alternate base period	734
as it relates to the claimant's benefit rights, shall be amended	735
when the quarterly report of wage information from the employer is	736
timely received and that information causes a change in the	737
determination. As provided in division (B) of section 4141.28 of	738
the Revised Code, any benefits paid and charged to an employer's	739
account, based upon a claimant's affidavit, shall be adjusted	740
effective as of the beginning of the claimant's benefit year. No	741
calendar quarter in a base period or alternate base period shall	742
be used to establish a subsequent benefit year.	743

(3) The "base period" of a combined wage claim, as described	744
in division (H) of section 4141.43 of the Revised Code, shall be	745
the base period prescribed by the law of the state in which the	746
claim is allowed.	747

(4) For purposes of determining the weeks that comprise a	748
completed calendar quarter under this division, only those weeks	749
ending at midnight Saturday within the calendar quarter shall be	750
utilized.	751

(R)(1) "Benefit year" with respect to an individual means the	752
fifty-two week period beginning with the first day of that week	753
with respect to which the individual first files a valid	754
application for determination of benefit rights, and thereafter	755
the fifty-two week period beginning with the first day of that	756
week with respect to which the individual next files a valid	757
application for determination of benefit rights after the	758
termination of the individual's last preceding benefit year,	759
except that the application shall not be considered valid unless	760
the individual has had employment in six weeks that is subject to	761
this chapter or the unemployment compensation act of another	762
state, or the United States, and has, since the beginning of the	763
individual's previous benefit year, in the employment earned three	764
times the average weekly wage determined for the previous benefit	765
year. The "benefit year" of a combined wage claim, as described in	766
division (H) of section 4141.43 of the Revised Code, shall be the	767
benefit year prescribed by the law of the state in which the claim	768
is allowed. Any application for determination of benefit rights	769
made in accordance with section 4141.28 of the Revised Code is	770
valid if the individual filing such application is unemployed, has	771
been employed by an employer or employers subject to this chapter	772
in at least twenty qualifying weeks within the individual's base	773
period, and has earned or been paid remuneration at an average	774
weekly wage of not less than twenty-seven and one-half per cent of	775
the statewide average weekly wage for such weeks. For purposes of	776
determining whether an individual has had sufficient employment	777
since the beginning of the individual's previous benefit year to	778
file a valid application, "employment" means the performance of	779
services for which remuneration is payable.	780

(2) Effective for benefit years beginning on and after	781
December 28, 200326, 2004, any application for determination of	782
benefit rights made in accordance with section 4141.28 of the	783
Revised Code is valid if the individual satisfies the criteria	784
described in division (R)(1) of this section, and if the reason	785
for the individual's separation from employment is not	786
disqualifying pursuant to division (D)(2) of section 4141.29 or	787
section 4141.291 of the Revised Code. A disqualification imposed	788
pursuant to division (D)(2) of section 4141.29 or section 4141.291	789
of the Revised Code must be removed as provided in those sections	790
as a requirement of establishing a valid application for benefit	791
years beginning on and after December 28, 200326, 2004.	792

(3) The statewide average weekly wage shall be calculated by	793
the director once a year based on the twelve-month period ending	794
the thirtieth day of June, as set forth in division (B)(3) of	795
section 4141.30 of the Revised Code, rounded down to the nearest	796
dollar. Increases or decreases in the amount of remuneration	797
required to have been earned or paid in order for individuals to	798
have filed valid applications shall become effective on Sunday of	799
the calendar week in which the first day of January occurs that	800
follows the twelve-month period ending the thirtieth day of June	801
upon which the calculation of the statewide average weekly wage	802
was based.	803

(4) As used in this division, an individual is "unemployed"	804
if, with respect to the calendar week in which such application is	805
filed, the individual is "partially unemployed" or "totally	806
unemployed" as defined in this section or if, prior to filing the	807
application, the individual was separated from the individual's	808
most recent work for any reason which terminated the individual's	809
employee-employer relationship, or was laid off indefinitely or	810
for a definite period of seven or more days.	811

(S) "Calendar quarter" means the period of three consecutive	812
calendar months ending on the thirty-first day of March, the	813
thirtieth day of June, the thirtieth day of September, and the	814
thirty-first day of December, or the equivalent thereof as the	815
director prescribes by rule.	816

(T) "Computation date" means the first day of the third	817
calendar quarter of any calendar year.	818

(U) "Contribution period" means the calendar year beginning	819
on the first day of January of any year.	820

(V) "Agricultural labor," for the purpose of this division,	821
means any service performed prior to January 1, 1972, which was	822
agricultural labor as defined in this division prior to that date,	823
and service performed after December 31, 1971:	824

(1) On a farm, in the employ of any person, in connection	825
with cultivating the soil, or in connection with raising or	826
harvesting any agricultural or horticultural commodity, including	827
the raising, shearing, feeding, caring for, training, and	828
management of livestock, bees, poultry, and fur-bearing animals	829
and wildlife;	830

(2) In the employ of the owner or tenant or other operator of	831
a farm in connection with the operation, management, conservation,	832
improvement, or maintenance of such farm and its tools and	833
equipment, or in salvaging timber or clearing land of brush and	834
other debris left by hurricane, if the major part of such service	835
is performed on a farm;	836

(3) In connection with the production or harvesting of any	837
commodity defined as an agricultural commodity in section 15 (g)	838
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	839
U.S.C. 1141j, as amended, or in connection with the ginning of	840
cotton, or in connection with the operation or maintenance of	841
ditches, canals, reservoirs, or waterways, not owned or operated	842
for profit, used exclusively for supplying and storing water for	843
farming purposes;	844

(4) In the employ of the operator of a farm in handling,	845
planting, drying, packing, packaging, processing, freezing,	846
grading, storing, or delivering to storage or to market or to a	847
carrier for transportation to market, in its unmanufactured state,	848
any agricultural or horticultural commodity, but only if the	849
operator produced more than one half of the commodity with respect	850
to which such service is performed;	851

(5) In the employ of a group of operators of farms, or a	852
cooperative organization of which the operators are members, in	853
the performance of service described in division (V)(4) of this	854
section, but only if the operators produced more than one-half of	855
the commodity with respect to which the service is performed;	856

(6) Divisions (V)(4) and (5) of this section shall not be	857
deemed to be applicable with respect to service performed:	858

(a) In connection with commercial canning or commercial	859
freezing or in connection with any agricultural or horticultural	860
commodity after its delivery to a terminal market for distribution	861
for consumption; or	862

(b) On a farm operated for profit if the service is not in	863
the course of the employer's trade or business.	864

As used in division (V) of this section, "farm" includes	865
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	866
plantations, ranches, nurseries, ranges, greenhouses, or other	867
similar structures used primarily for the raising of agricultural	868
or horticultural commodities and orchards.	869

(W) "Hospital" means an institution which has been registered	870
or licensed by the Ohio department of health as a hospital.	871

(X) "Nonprofit organization" means an organization, or group	872
of organizations, described in section 501(c)(3) of the "Internal	873
Revenue Code of 1954," and exempt from income tax under section	874
501(a) of that code.	875

(Y) "Institution of higher education" means a public or	876
nonprofit educational institution which:	877

(1) Admits as regular students only individuals having a	878
certificate of graduation from a high school, or the recognized	879
equivalent;	880

(2) Is legally authorized in this state to provide a program	881
of education beyond high school; and	882

(3) Provides an educational program for which it awards a	883
bachelor's or higher degree, or provides a program which is	884
acceptable for full credit toward such a degree, a program of	885
post-graduate or post-doctoral studies, or a program of training	886
to prepare students for gainful employment in a recognized	887
occupation.	888

For the purposes of this division, all colleges and	889
universities in this state are institutions of higher education.	890

(Z) For the purposes of this chapter, "states" includes the	891
District of Columbia, the Commonwealth of Puerto Rico, and the	892
Virgin Islands.	893

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	894
this section, an individual who is an alien admitted to the United	895
States to perform service in agricultural labor pursuant to	896
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	897
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	898

(BB)(1) "Crew leader" means an individual who furnishes	899
individuals to perform agricultural labor for any other employer	900
or farm operator, and:	901

(a) Pays, either on the individual's own behalf or on behalf	902
of the other employer or farm operator, the individuals so	903
furnished by the individual for the service in agricultural labor	904
performed by them;	905

(b) Has not entered into a written agreement with the other	906
employer or farm operator under which the agricultural worker is	907
designated as in the employ of the other employer or farm	908
operator.	909

(2) For the purposes of this chapter, any individual who is a	910
member of a crew furnished by a crew leader to perform service in	911
agricultural labor for any other employer or farm operator shall	912
be treated as an employee of the crew leader if:	913

(a) The crew leader holds a valid certificate of registration	914
under the "Farm Labor Contractor Registration Act of 1963," 90	915
Stat. 2668, 7 U.S.C. 2041; or	916

(b) Substantially all the members of the crew operate or	917
maintain tractors, mechanized harvesting or crop-dusting	918
equipment, or any other mechanized equipment, which is provided by	919
the crew leader; and	920

(c) If the individual is not in the employment of the other	921
employer or farm operator within the meaning of division (B)(1) of	922
this section.	923

(3) For the purposes of this division, any individual who is	924
furnished by a crew leader to perform service in agricultural	925
labor for any other employer or farm operator and who is not	926
treated as in the employment of the crew leader under division	927
(BB)(2) of this section shall be treated as the employee of the	928
other employer or farm operator and not of the crew leader. The	929
other employer or farm operator shall be treated as having paid	930
cash remuneration to the individual in an amount equal to the	931
amount of cash remuneration paid to the individual by the crew	932
leader, either on the crew leader's own behalf or on behalf of the	933
other employer or farm operator, for the service in agricultural	934
labor performed for the other employer or farm operator.	935

(CC) "Educational institution" means an institution other	936
than an institution of higher education as defined in division (Y)	937
of this section which:	938

(1) Offers participants, trainees, or students an organized	939
course of study or training designed to transfer to them	940
knowledge, skills, information, doctrines, attitudes, or abilities	941
from, by, or under the guidance of an instructor or teacher; and	942

(2) Is approved, chartered, or issued a permit to operate as	943
a school by the state board of education or other government	944
agency that is authorized within the state to approve, charter, or	945
issue a permit for the operation of a school.	946

For the purposes of this division, the courses of study or	947
training which the institution offers may be academic, technical,	948
trade, or preparation for gainful employment in a recognized	949
occupation.	950

Sec. 4141.281.

951

APPEALS

952

(A) APPEAL FILED

953

Any party notified of a determination of benefit rights or a	954
claim for benefits determination may appeal within twenty-one	955
calendar days after the written determination was sent to the	956
party or within an extended period as provided under division	957
(D)(9) of this section.	958

(B) REDETERMINATION

959

Within twenty-one days after receipt of the appeal, the	960
director of job and family services shall issue a redetermination	961
or transfer the appeal to the unemployment compensation review	962
commission. A redetermination under this section is appealable in	963
the same manner as an initial determination by the director.	964

(C) REVIEW COMMISSION

965

(1) JURISDICTION

966

The commission shall provide an opportunity for a fair	967
hearing to the interested parties of appeals over which the	968
commission has jurisdiction. The commission has jurisdiction over	969
an appeal on transfer or on direct appeal to the commission. If	970
the commission concludes that a pending appeal does not warrant a	971
hearing, the commission may remand the appeal to the director for	972
redetermination. The commission retains jurisdiction until the	973
appeal is remanded to the director or a final decision is issued	974
and appealed to court, or the time to request a review or to	975
appeal a decision of a hearing officer or the commission is	976
expired.	977

(2) CONDUCT OF HEARINGS

978

Hearings before the commission are held at the hearing	979
officer level and the review level. Unless otherwise provided in	980
this chapter, initial hearings involving claims for compensation	981
and other unemployment compensation issues are conducted at the	982
hearing officer level by hearing officers appointed by the	983
commission. Hearings at the review level are conducted by hearing	984
officers appointed by the commission, by members of the commission	985
acting either individually or collectively, and by members of the	986
commission and hearing officers acting jointly. In all hearings	987
conducted at the review level, the commission shall designate the	988
hearing officer or officers who are to conduct the hearing. When	989
the term "hearing officer" is used in reference to hearings	990
conducted at the review level, the term includes members of the	991
commission. All decisions issued at the review level are issued by	992
the commission.	993

Provisions contained in the remainder of this paragraph apply	994
to hearings at both the hearing officer level and the review	995
level. The principles of due process in administrative hearings	996
shall be applied to all hearings conducted under the authority of	997
the commission. In conducting hearings, all hearing officers shall	998
control the conduct of the hearing, exclude irrelevant or	999
cumulative evidence, and give weight to the kind of evidence on	1000
which reasonably prudent persons are accustomed to rely in the	1001
conduct of serious affairs. Hearing officers have an affirmative	1002
duty to question parties and witnesses in order to ascertain the	1003
relevant facts and to fully and fairly develop the record. Hearing	1004
officers are not bound by common law or statutory rules of	1005
evidence or by technical or formal rules of procedure. No person	1006
shall impose upon the claimant or the employer any burden of proof	1007
as is required in a court of law. The proceedings at hearings	1008
shall be recorded by mechanical means or otherwise as may be	1009
prescribed by the commission. In the absence of further	1010
proceedings, the record need not be transcribed. After considering	1011
all of the evidence, a hearing officer shall issue a written	1012
decision that sets forth the facts as the hearing officer finds	1013
them to be, cites the applicable law, and gives the reasoning for	1014
the decision.	1015

(3) HEARING OFFICER LEVEL

1016

When an appeal is transferred to the commission by the	1017
director, the commission shall notify all interested parties of	1018
the time and place of the hearing and assign the appeal for a	1019
hearing by a hearing officer. The hearings shall be de novo,	1020
except that the director's file pertaining to a case shall be	1021
included in the record to be considered.	1022

Following a hearing, the hearing officer shall affirm,	1023
modify, or reverse the determination of the director in the manner	1024
that appears just and proper. The hearing officer's written	1025
decision shall be sent to all interested parties. The decision	1026
shall state the right of an interested party to request a review	1027
by the commission.	1028

A request for review shall be filed within twenty-one days	1029
after the decision was sent to the party, or within an extended	1030
period as provided under division (D)(9) of this section. The	1031
hearing officer's decision shall become final unless a request for	1032
review is filed and allowed or the commission removes the appeal	1033
to itself within twenty-one days after the hearing officer's	1034
decision is sent.	1035

(4) REVIEW LEVEL

1036

At the review level, the commission may affirm, modify, or	1037
reverse previous determinations by the director or at the hearing	1038
officer level. At the review level, the commission may affirm,	1039
modify, or reverse a hearing officer's decision or remand the	1040
decision to the hearing officer level for further hearing. The	1041
commission shall consider an appeal at the review level under the	1042
following circumstances: when an appeal is required to be heard	1043
initially at the review level under this chapter; when the	1044
commission on its own motion removes an appeal to itself within	1045
twenty-one days after the hearing officer's decision is sent; when	1046
the assigned hearing officer refers an appeal to the commission	1047
before the hearing officer's decision is sent; or when an	1048
interested party files a request for review with the commission	1049
within twenty-one days after the hearing officer's decision is	1050
sent.	1051

(5) COMMISSION EXAMINATION

1052

The commission shall consider a request for review by an	1053
interested party, including the reasons for the request. The	1054
commission may adopt rules prescribing the methods for requesting	1055
a review. The commission may allow or disallow the request for	1056
review. The disallowance of a request for review constitutes a	1057
final decision by the commission.	1058

(6) REVIEW PROCEDURE

1059

If the commission allows a request for review, the commission	1060
shall notify all interested parties of that fact and provide a	1061
reasonable period of time, as the commission defines by rule, in	1062
which interested parties may file a response. After that period of	1063
time, the commission, based on the record before it, may do one of	1064
the following: affirm the decision of the hearing officer; provide	1065
for the appeal to be heard or reheard at the hearing officer or	1066
review level; provide for the appeal to be heard at the review	1067
level as a potential precedential decision; or provide for the	1068
decision to be rewritten without further hearing at the review	1069
level. When a further hearing is provided or the decision is	1070
rewritten, the commission may affirm, modify, or reverse the	1071
previous decision.	1072

(7) NOTICES

1073

The commission shall send written notice to all interested	1074
parties when it orders an appeal to be heard or reheard. The	1075
notice shall include the reasons for the hearing or rehearing.	1076

(8) PRECEDENTIAL

1077

An appeal the commission identifies as potentially	1078
precedential shall be heard at the review level. In the notice for	1079
that type of hearing, the commission shall notify the director,	1080
all interested parties, and any other parties, as the commission	1081
determines appropriate, that the appeal is designated as	1082
potentially precedential. After the hearing, parties shall be	1083
given the opportunity to submit briefs on the issue or issues	1084
involved. The commission may designate a decision as precedential	1085
after issuing the decision or at any point in the appeal process,	1086
even if the commission does not initially identify the appeal as	1087
potentially precedential.	1088

(9) MASS APPEALS

1089

When the commission determines that it has five appeals	1090
pending that have common facts or common issues, the commission	1091
may transfer the appeals to the review level on its own motion to	1092
be heard as a mass appeal, including appeals from claimants	1093
separated due to a labor dispute, on the condition that there are	1094
fewer than twenty-five claimants involved.	1095

To facilitate a mass hearing, the commission may allow an	1096
authorized agent to accept notice of hearing on behalf of	1097
claimants. An authorized agent may waive this notice of hearing	1098
and also the sending of decisions to individual claimants	1099
represented by the agent.	1100

(D) SPECIAL PROVISIONS

1101

(1) TIMELINESS OF APPEALS

1102

The date of the mailing provided by the director or the	1103
commission is sufficient evidence upon which to conclude that a	1104
determination, redetermination, or decision was sent to the party	1105
on that date. Appeals may be filed with the director, commission,	1106
with an employee of another state or federal agency charged with	1107
the duty of accepting claims, or with the unemployment insurance	1108
commission of Canada. Any timely written notice by an interested	1109
party indicating a desire to appeal shall be accepted.	1110

The director, commission, or authorized agent must receive	1111
the appeal within the specified appeal period in order for the	1112
appeal to be deemed timely filed, except that: if the United	1113
States postal service is used as the means of delivery, the	1114
enclosing envelope must have a postmark date or postal meter	1115
postmark that is on or before the last day of the specified appeal	1116
period; and where the postmark is illegible or missing, the appeal	1117
is timely filed if received not later than the end of the fifth	1118
calendar day following the last day of the specified appeal	1119
period.	1120

The director and the commission may adopt rules pertaining to	1121
alternate methods of filing appeals under this section.	1122

(2) WAIVER

1123

Interested parties may waive, in writing, a hearing at either	1124
the hearing officer or review level. If the parties waive a	1125
hearing, the hearing officer shall issue a decision based on the	1126
evidence of record.	1127

(3) TELEPHONE HEARINGS

1128

Hearing officers may conduct hearings at either the hearing	1129
officer or review level in person or by telephone. The commission	1130
shall adopt rules that designate the circumstances under which	1131
hearing officers may conduct a hearing by telephone or grant a	1132
party to the hearing the opportunity to object to a hearing by	1133
telephone. An interested party whose hearing would be by telephone	1134
may elect to have an in-person hearing, provided that the party	1135
agrees to have the hearing at the time and place the commission	1136
determines pursuant to rule.	1137

(4) EVENING HEARINGS

1138

Where a party requests that a hearing at either the hearing	1139
officer or review level be scheduled in the evening because the	1140
party is employed during the day, the commission shall schedule	1141
the hearing during hours that the party is not employed. If a	1142
conflict concerning a request for an evening hearing and an	1143
in-person hearing arises, the commission shall schedule the	1144
hearing by telephone during evening hours.	1145

(5) NO APPEARANCE -- APPELLANT

1146

For hearings at either the hearing officer or review level,	1147
if the appealing party fails to appear at the hearing, the hearing	1148
officer shall dismiss the appeal. The commission shall vacate the	1149
dismissal upon a showing that written notice of the hearing was	1150
not sent to that party's last known address, or good cause for the	1151
appellant's failure to appear is shown to the commission within	1152
fourteen days after the hearing date.	1153

If the commission finds that the appealing party's reason for	1154
failing to appear does not constitute good cause for failing to	1155
appear, the commission shall send written notice of that finding,	1156
and the appealing party may request a hearing to present testimony	1157
on the issue of good cause for failing to appear. The appealing	1158
party shall file a request for a hearing on the issue of good	1159
cause for failing to appear within ten days after the commission	1160
sends written notice indicating a finding of no good cause for	1161
failing to appear.	1162

(6) NO APPEARANCE -- APPELLEE

1163

For hearings at either the hearing officer or review level,	1164
if the appellee fails to appear at the hearing, the hearing	1165
officer shall proceed with the hearing and shall issue a decision	1166
based on the evidence of record. The commission shall vacate the	1167
decision upon a showing that written notice of the hearing was not	1168
sent to the appellee's last known address, or good cause for the	1169
appellee's failure to appear is shown to the commission within	1170
fourteen days after the hearing date.	1171

(7) AGENT

1172

Any appeal or request for review may be executed on behalf of	1173
any party or any group of claimants by an agent.	1174

(8) COLLATERAL ESTOPPEL

1175

No finding of fact or law, decision, or order of the	1176
director, hearing officer, or the commission, or a reviewing court	1177
under this section or section 4141.28 of the Revised Code shall be	1178
given collateral estoppel or res judicata effect in any separate	1179
or subsequent judicial, administrative, or arbitration proceeding,	1180
other than a proceeding arising under this chapter.	1181

(9) EXTENSION OF APPEAL PERIODS

1182

The time for filing an appeal or a request for review under	1183
this section or a court appeal under section 4141.282 of the	1184
Revised Code shall be extended in the manner described in the	1185
following four sentences. When the last day of an appeal period is	1186
a Saturday, Sunday, or legal holiday, the appeal period is	1187
extended to the next work day after the Saturday, Sunday, or legal	1188
holiday. When an interested party provides certified medical	1189
evidence stating that the interested party's physical condition or	1190
mental capacity prevented the interested party from filing an	1191
appeal or request for review under this section within the	1192
appropriate twenty-one-day period, the appeal period is extended	1193
to twenty-one days after the end of the physical or mental	1194
condition, and the appeal or request for review is considered	1195
timely filed if filed within that extended period. When an	1196
interested party provides evidence, which evidence may consist of	1197
testimony from the interested party, that is sufficient to	1198
establish that the party did not actually receive the	1199
determination or decision within the applicable appeal period	1200
under this section, and the director or the commission finds that	1201
the interested party did not actually receive the determination or	1202
decision within the applicable appeal period, then the appeal	1203
period is extended to twenty-one days after the interested party	1204
actually receives the determination or decision. When an	1205
interested party provides evidence, which evidence may consist of	1206
testimony from the interested party, that is sufficient to	1207
establish that the party did not actually receive a decision	1208
within the thirty-day appeal period provided in section 4141.282	1209
of the Revised Code, and a court of common pleas finds that the	1210
interested party did not actually receive the decision within that	1211
thirty-day appeal period, then the appeal period is extended to	1212
thirty days after the interested party actually receives the	1213
decision.	1214

Sec. 4141.29.  Each eligible individual shall receive	1215
benefits as compensation for loss of remuneration due to	1216
involuntary total or partial unemployment in the amounts and	1217
subject to the conditions stipulated in this chapter.	1218

(A) No individual is entitled to a waiting period or benefits	1219
for any week unless the individual:	1220

(1) Has filed a valid application for determination of	1221
benefit rights in accordance with section 4141.28 of the Revised	1222
Code;	1223

(2) Has made a claim for benefits in accordance with section	1224
4141.28 of the Revised Code;	1225

(3) Has registered at an employment office or other	1226
registration place maintained or designated by the director of job	1227
and family services. Registration shall be made in accordance with	1228
the time limits, frequency, and manner prescribed by the director.	1229

(4)(a)(i) Is able to work and available for suitable work	1230
and, except as provided in division (A)(4)(a)(ii) of this section,	1231
is actively seeking suitable work either in a locality in which	1232
the individual has earned wages subject to this chapter during the	1233
individual's base period, or if the individual leaves that	1234
locality, then in a locality where suitable work normally is	1235
performed.	1236

(ii) The director may waive the requirement that a claimant	1237
be actively seeking work when the director finds that aneither of	1238
the following is true:	1239

(I) The individual's unemployment is directly attributable to	1240
a major disaster declared by the president of the United States	1241
pursuant to the "Disaster Relief Act of 1974," 88 Stat. 143, 42	1242
U.S.C. 5121, and the employer whose operation was adversely	1243
affected by the disaster, requests a waiver from the director for	1244
the individual to be exempt from the requirement to actively seek	1245
suitable work;	1246

(II) The individual has been laid off and the employer who	1247
laid the individual off has notified the director within ten days	1248
after the layoff, that work is expected to be available for the	1249
individual within a specified number of days not to exceed	1250
forty-five calendar days following the last day the individual	1251
worked. In the event the individual is not recalled within the	1252
specified period, this waiver shall cease to be operative with	1253
respect to that layoff.	1254

(b) The individual shall be instructed as to the efforts that	1255
the individual must make in the search for suitable work, except	1256
where the active search for work requirement has been waived under	1257
division (A)(4)(a) of this section, and shall keep a record of	1258
where and when the individual has sought work in complying with	1259
those instructions and, upon request, shall produce that record	1260
for examination by the director.	1261

(c) An individual who is attending a training course approved	1262
by the director meets the requirement of this division, if	1263
attendance was recommended by the director and the individual is	1264
regularly attending the course and is making satisfactory	1265
progress. An individual also meets the requirements of this	1266
division if the individual is participating and advancing in a	1267
training program, as defined in division (P) of section 5709.61 of	1268
the Revised Code, and if an enterprise, defined in division (B) of	1269
section 5709.61 of the Revised Code, is paying all or part of the	1270
cost of the individual's participation in the training program	1271
with the intention of hiring the individual for employment as a	1272
new employee, as defined in division (L) of section 5709.61 of the	1273
Revised Code, for at least ninety days after the individual's	1274
completion of the training program.	1275

(d) An individual who becomes unemployed while attending a	1276
regularly established school and whose base period qualifying	1277
weeks were earned in whole or in part while attending that school,	1278
meets the availability and active search for work requirements of	1279
division (A)(4)(a) of this section if the individual regularly	1280
attends the school during weeks with respect to which the	1281
individual claims unemployment benefits and makes self available	1282
on any shift of hours for suitable employment with the	1283
individual's most recent employer or any other employer in the	1284
individual's base period, or for any other suitable employment to	1285
which the individual is directed, under this chapter.	1286

(e) The director shall adopt any rules that the director	1287
deems necessary for the administration of division (A)(4) of this	1288
section.	1289

(f) Notwithstanding any other provisions of this section, no	1290
otherwise eligible individual shall be denied benefits for any	1291
week because the individual is in training approved under section	1292
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	1293
2296, nor shall that individual be denied benefits by reason of	1294
leaving work to enter such training, provided the work left is not	1295
suitable employment, or because of the application to any week in	1296
training of provisions in this chapter, or any applicable federal	1297
unemployment compensation law, relating to availability for work,	1298
active search for work, or refusal to accept work.	1299

For the purposes of division (A)(4)(f) of this section,	1300
"suitable employment" means with respect to an individual, work of	1301
a substantially equal or higher skill level than the individual's	1302
past adversely affected employment, as defined for the purposes of	1303
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	1304
wages for such work at not less than eighty per cent of the	1305
individual's average weekly wage as determined for the purposes of	1306
that federal act.	1307

(5) Is unable to obtain suitable work. An individual who is	1308
provided temporary work assignments by the individual's employer	1309
under agreed terms and conditions of employment, and who is	1310
required pursuant to those terms and conditions to inquire with	1311
the individual's employer for available work assignments upon the	1312
conclusion of each work assignment, is not considered unable to	1313
obtain suitable employment if suitable work assignments are	1314
available with the employer but the individual fails to contact	1315
the employer to inquire about work assignments.	1316

(6) Participates in reemployment services, such as job search	1317
assistance services, if the individual has been determined to be	1318
likely to exhaust benefits under this chapter, including	1319
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	1320
extended compensation, and needs reemployment services pursuant to	1321
the profiling system established by the director under division	1322
(K) of this section, unless the director determines that:	1323

(a) The individual has completed such services; or

1324

(b) There is justifiable cause for the claimant's failure to	1325
participate in such services.	1326

(B) An individual suffering total or partial unemployment is	1327
eligible for benefits for unemployment occurring subsequent to a	1328
waiting period of one week and no benefits shall be payable during	1329
this required waiting period, but noexcept when the unemployment	1330
during this waiting period is directly attributable to a major	1331
disaster declared by the president of the United States pursuant	1332
to the "Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C.	1333
5121. Not more than one week of waiting period shall be required	1334
of any such individual in any benefit year in order to establish	1335
the individual's eligibility for total or partial unemployment	1336
benefits.	1337

(C) The waiting period for total or partial unemployment	1338
shall commence on the first day of the first week with respect to	1339
which the individual first files a claim for benefits at an	1340
employment office or other place of registration maintained or	1341
designated by the director or on the first day of the first week	1342
with respect to which the individual has otherwise filed a claim	1343
for benefits in accordance with the rules of the department of job	1344
and family services, provided such claim is allowed by the	1345
director.	1346

(D) Notwithstanding division (A) of this section, no	1347
individual may serve a waiting period or be paid benefits under	1348
the following conditions:	1349

(1) For any week with respect to which the director finds	1350
that:	1351

(a) The individual's unemployment was due to a labor dispute	1352
other than a lockout at any factory, establishment, or other	1353
premises located in this or any other state and owned or operated	1354
by the employer by which the individual is or was last employed;	1355
and for so long as the individual's unemployment is due to such	1356
labor dispute. No individual shall be disqualified under this	1357
provision if either of the following applies:	1358

(i) The individual's employment was with such employer at any	1359
factory, establishment, or premises located in this state, owned	1360
or operated by such employer, other than the factory,	1361
establishment, or premises at which the labor dispute exists, if	1362
it is shown that the individual is not financing, participating	1363
in, or directly interested in such labor dispute;	1364

(ii) The individual's employment was with an employer not	1365
involved in the labor dispute but whose place of business was	1366
located within the same premises as the employer engaged in the	1367
dispute, unless the individual's employer is a wholly owned	1368
subsidiary of the employer engaged in the dispute, or unless the	1369
individual actively participates in or voluntarily stops work	1370
because of such dispute. If it is established that the claimant	1371
was laid off for an indefinite period and not recalled to work	1372
prior to the dispute, or was separated by the employer prior to	1373
the dispute for reasons other than the labor dispute, or that the	1374
individual obtained a bona fide job with another employer while	1375
the dispute was still in progress, such labor dispute shall not	1376
render the employee ineligible for benefits.	1377

(b) The individual has been given a disciplinary layoff for	1378
misconduct in connection with the individual's work.	1379

(2) For the duration of the individual's unemployment if the	1380
director finds that:	1381

(a) The individual quit work without just cause or has been	1382
discharged for just cause in connection with the individual's	1383
work, provided division (D)(2) of this section does not apply to	1384
the separation of a person under any of the following	1385
circumstances:	1386

(i) Separation from employment for the purpose of entering	1387
the armed forces of the United States if the individual makes	1388
application to enter, or is inducted into the armed forces within	1389
thirty days after such separation;	1390

(ii) Separation from employment pursuant to a	1391
labor-management contract or agreement, or pursuant to an	1392
established employer plan, program, or policy, which permits the	1393
employee, because of lack of work, to accept a separation from	1394
employment;	1395

(iii) The individual has left employment to accept a recall	1396
from a prior employer or, except as provided in division	1397
(D)(2)(a)(iv) of this section, to accept other employment as	1398
provided under section 4141.291 of the Revised Code, or left or	1399
was separated from employment that was concurrent employment at	1400
the time of the most recent separation or within six weeks prior	1401
to the most recent separation where the remuneration, hours, or	1402
other conditions of such concurrent employment were substantially	1403
less favorable than the individual's most recent employment and	1404
where such employment, if offered as new work, would be considered	1405
not suitable under the provisions of divisions (E) and (F) of this	1406
section. Any benefits that would otherwise be chargeable to the	1407
account of the employer from whom an individual has left	1408
employment or was separated from employment that was concurrent	1409
employment under conditions described in division (D)(2)(a)(iii)	1410
of this section, shall instead be charged to the mutualized	1411
account created by division (B) of section 4141.25 of the Revised	1412
Code, except that any benefits chargeable to the account of a	1413
reimbursing employer under division (D)(2)(a)(iii) of this section	1414
shall be charged to the account of the reimbursing employer and	1415
not to the mutualized account, except as provided in division	1416
(D)(2) of section 4141.24 of the Revised Code.	1417

(iv) When an individual has been issued a definite layoff	1418
date by the individual's employer and before the layoff date, the	1419
individual quits to accept other employment, the provisions of	1420
division (D)(2)(a)(iii) of this section apply and no	1421
disqualification shall be imposed under division (D) of this	1422
section. However, if the individual fails to meet the employment	1423
and earnings requirements of division (A)(2) of section 4141.291	1424
of the Revised Code, then the individual, pursuant to division	1425
(A)(5) of this section, shall be ineligible for benefits for any	1426
week of unemployment that occurs prior to the layoff date.	1427

(b) The individual has refused without good cause to accept	1428
an offer of suitable work when made by an employer either in	1429
person or to the individual's last known address, or has refused	1430
or failed to investigate a referral to suitable work when directed	1431
to do so by a local employment office of this state or another	1432
state, provided that this division shall not cause a	1433
disqualification for a waiting week or benefits under the	1434
following circumstances:	1435

(i) When work is offered by the individual's employer and the	1436
individual is not required to accept the offer pursuant to the	1437
terms of the labor-management contract or agreement; or	1438

(ii) When the individual is attending a vocational training	1439
course pursuant to division (A)(4) of this section except, in the	1440
event of a refusal to accept an offer of suitable work or a	1441
refusal or failure to investigate a referral, benefits thereafter	1442
paid to such individual shall not be charged to the account of any	1443
employer and, except as provided in division (B)(1)(b) of section	1444
4141.241 of the Revised Code, shall be charged to the mutualized	1445
account as provided in division (B) of section 4141.25 of the	1446
Revised Code.	1447

(c) Such individual quit work to marry or because of marital,	1448
parental, filial, or other domestic obligations.	1449

(d) The individual has knowingly made a false statement or	1450
representation or knowingly failed to report any material fact	1451
with the object of obtaining benefits to which the individual is	1452
not entitled.	1453

(e) The individual became unemployed by reason of commitment	1454
to any correctional institution.	1455

(f) The individual became unemployed because of dishonesty in	1456
connection with the individual's most recent or any base period	1457
work. Remuneration earned in such work shall be excluded from the	1458
individual's total base period remuneration and qualifying weeks	1459
that otherwise would be credited to the individual for such work	1460
in the individual's base period shall not be credited for the	1461
purpose of determining the total benefits to which the individual	1462
is eligible and the weekly benefit amount to be paid under section	1463
4141.30 of the Revised Code. Such excluded remuneration and	1464
noncredited qualifying weeks shall be excluded from the	1465
calculation of the maximum amount to be charged, under division	1466
(D) of section 4141.24 and section 4141.33 of the Revised Code,	1467
against the accounts of the individual's base period employers. In	1468
addition, no benefits shall thereafter be paid to the individual	1469
based upon such excluded remuneration or noncredited qualifying	1470
weeks.	1471

For purposes of division (D)(2)(f) of this section,	1472
"dishonesty" means the commission of substantive theft, fraud, or	1473
deceitful acts.	1474

(E) No individual otherwise qualified to receive benefits	1475
shall lose the right to benefits by reason of a refusal to accept	1476
new work if:	1477

(1) As a condition of being so employed the individual would	1478
be required to join a company union, or to resign from or refrain	1479
from joining any bona fide labor organization, or would be denied	1480
the right to retain membership in and observe the lawful rules of	1481
any such organization.	1482

(2) The position offered is vacant due directly to a strike,	1483
lockout, or other labor dispute.	1484

(3) The work is at an unreasonable distance from the	1485
individual's residence, having regard to the character of the work	1486
the individual has been accustomed to do, and travel to the place	1487
of work involves expenses substantially greater than that required	1488
for the individual's former work, unless the expense is provided	1489
for.	1490

(4) The remuneration, hours, or other conditions of the work	1491
offered are substantially less favorable to the individual than	1492
those prevailing for similar work in the locality.	1493

(F) Subject to the special exceptions contained in division	1494
(A)(4)(f) of this section and section 4141.301 of the Revised	1495
Code, in determining whether any work is suitable for a claimant	1496
in the administration of this chapter, the director, in addition	1497
to the determination required under division (E) of this section,	1498
shall consider the degree of risk to the claimant's health,	1499
safety, and morals, the individual's physical fitness for the	1500
work, the individual's prior training and experience, the length	1501
of the individual's unemployment, the distance of the available	1502
work from the individual's residence, and the individual's	1503
prospects for obtaining local work.	1504

(G) The "duration of unemployment" as used in this section	1505
means the full period of unemployment next ensuing after a	1506
separation from any base period or subsequent work and until an	1507
individual has become reemployed in employment subject to this	1508
chapter, or the unemployment compensation act of another state, or	1509
of the United States, and until such individual has worked six	1510
weeks and for those weeks has earned or been paid remuneration	1511
equal to six times an average weekly wage of not less than:	1512
eighty-five dollars and ten cents per week beginning on June 26,	1513
1990; and beginning on and after January 1, 1992, twenty-seven and	1514
one-half per cent of the statewide average weekly wage as computed	1515
each first day of January under division (B)(3) of section 4141.30	1516
of the Revised Code, rounded down to the nearest dollar, except	1517
for purposes of division (D)(2)(c) of this section, such term	1518
means the full period of unemployment next ensuing after a	1519
separation from such work and until such individual has become	1520
reemployed subject to the terms set forth above, and has earned	1521
wages equal to one-half of the individual's average weekly wage or	1522
sixty dollars, whichever is less.	1523

(H) If a claimant is disqualified under division (D)(2)(a),	1524
(c), or (e) of this section or found to be qualified under the	1525
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	1526
this section or division (A)(2) of section 4141.291 of the Revised	1527
Code, then benefits that may become payable to such claimant,	1528
which are chargeable to the account of the employer from whom the	1529
individual was separated under such conditions, shall be charged	1530
to the mutualized account provided in section 4141.25 of the	1531
Revised Code, provided that no charge shall be made to the	1532
mutualized account for benefits chargeable to a reimbursing	1533
employer, except as provided in division (D)(2) of section 4141.24	1534
of the Revised Code. In the case of a reimbursing employer, the	1535
director shall refund or credit to the account of the reimbursing	1536
employer any over-paid benefits that are recovered under division	1537
(B) of section 4141.35 of the Revised Code.	1538

(I)(1) Benefits based on service in employment as provided in	1539
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	1540
shall be payable in the same amount, on the same terms, and	1541
subject to the same conditions as benefits payable on the basis of	1542
other service subject to this chapter; except that after December	1543
31, 1977:	1544

(a) Benefits based on service in an instructional, research,	1545
or principal administrative capacity in an institution of higher	1546
education, as defined in division (Y) of section 4141.01 of the	1547
Revised Code; or for an educational institution as defined in	1548
division (CC) of section 4141.01 of the Revised Code, shall not be	1549
paid to any individual for any week of unemployment that begins	1550
during the period between two successive academic years or terms,	1551
or during a similar period between two regular but not successive	1552
terms or during a period of paid sabbatical leave provided for in	1553
the individual's contract, if the individual performs such	1554
services in the first of those academic years or terms and has a	1555
contract or a reasonable assurance that the individual will	1556
perform services in any such capacity for any such institution in	1557
the second of those academic years or terms.	1558

(b) Benefits based on service for an educational institution	1559
or an institution of higher education in other than an	1560
instructional, research, or principal administrative capacity,	1561
shall not be paid to any individual for any week of unemployment	1562
which begins during the period between two successive academic	1563
years or terms of the employing educational institution or	1564
institution of higher education, provided the individual performed	1565
those services for the educational institution or institution of	1566
higher education during the first such academic year or term and,	1567
there is a reasonable assurance that such individual will perform	1568
those services for any educational institution or institution of	1569
higher education in the second of such academic years or terms.	1570

If compensation is denied to any individual for any week	1571
under division (I)(1)(b) of this section and the individual was	1572
not offered an opportunity to perform those services for an	1573
institution of higher education or for an educational institution	1574
for the second of such academic years or terms, the individual is	1575
entitled to a retroactive payment of compensation for each week	1576
for which the individual timely filed a claim for compensation and	1577
for which compensation was denied solely by reason of division	1578
(I)(1)(b) of this section. An application for retroactive benefits	1579
shall be timely filed if received by the director or the	1580
director's deputy within or prior to the end of the fourth full	1581
calendar week after the end of the period for which benefits were	1582
denied because of reasonable assurance of employment. The	1583
provision for the payment of retroactive benefits under division	1584
(I)(1)(b) of this section is applicable to weeks of unemployment	1585
beginning on and after November 18, 1983. The provisions under	1586
division (I)(1)(b) of this section shall be retroactive to	1587
September 5, 1982, only if, as a condition for full tax credit	1588
against the tax imposed by the "Federal Unemployment Tax Act," 53	1589
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	1590
secretary of labor determines that retroactivity is required by	1591
federal law.	1592

(c) With respect to weeks of unemployment beginning after	1593
December 31, 1977, benefits shall be denied to any individual for	1594
any week which commences during an established and customary	1595
vacation period or holiday recess, if the individual performs any	1596
services described in divisions (I)(1)(a) and (b) of this section	1597
in the period immediately before the vacation period or holiday	1598
recess, and there is a reasonable assurance that the individual	1599
will perform any such services in the period immediately following	1600
the vacation period or holiday recess.	1601

(d) With respect to any services described in division	1602
(I)(1)(a), (b), or (c) of this section, benefits payable on the	1603
basis of services in any such capacity shall be denied as	1604
specified in division (I)(1)(a), (b), or (c) of this section to	1605
any individual who performs such services in an educational	1606
institution or institution of higher education while in the employ	1607
of an educational service agency. For this purpose, the term	1608
"educational service agency" means a governmental agency or	1609
governmental entity that is established and operated exclusively	1610
for the purpose of providing services to one or more educational	1611
institutions or one or more institutions of higher education.	1612

(e) Any individual employed by a public school district or a	1613
county board of mental retardation shall be notified by the	1614
thirtieth day of April each year if the individual is not to be	1615
reemployed the following academic year.	1616

(2) No disqualification will be imposed, between academic	1617
years or terms or during a vacation period or holiday recess under	1618
this division, unless the director or the director's deputy has	1619
received a statement in writing from the educational institution	1620
or institution of higher education that the claimant has a	1621
contract for, or a reasonable assurance of, reemployment for the	1622
ensuing academic year or term.	1623

(3) If an individual has employment with an educational	1624
institution or an institution of higher education and employment	1625
with a noneducational employer, during the base period of the	1626
individual's benefit year, then the individual may become eligible	1627
for benefits during the between-term, or vacation or holiday	1628
recess, disqualification period, based on employment performed for	1629
the noneducational employer, provided that the employment is	1630
sufficient to qualify the individual for benefit rights separately	1631
from the benefit rights based on school employment. The weekly	1632
benefit amount and maximum benefits payable during a	1633
disqualification period shall be computed based solely on the	1634
nonschool employment.	1635

(J) Benefits shall not be paid on the basis of employment	1636
performed by an alien, unless the alien had been lawfully admitted	1637
to the United States for permanent residence at the time the	1638
services were performed, was lawfully present for purposes of	1639
performing the services, or was otherwise permanently residing in	1640
the United States under color of law at the time the services were	1641
performed, under section 212(d)(5) of the "Immigration and	1642
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	1643

(1) Any data or information required of individuals applying	1644
for benefits to determine whether benefits are not payable to them	1645
because of their alien status shall be uniformly required from all	1646
applicants for benefits.	1647

(2) In the case of an individual whose application for	1648
benefits would otherwise be approved, no determination that	1649
benefits to the individual are not payable because of the	1650
individual's alien status shall be made except upon a	1651
preponderance of the evidence that the individual had not, in	1652
fact, been lawfully admitted to the United States.	1653

(K) The director shall establish and utilize a system of	1654
profiling all new claimants under this chapter that:	1655

(1) Identifies which claimants will be likely to exhaust	1656
regular compensation and will need job search assistance services	1657
to make a successful transition to new employment;	1658

(2) Refers claimants identified pursuant to division (K)(1)	1659
of this section to reemployment services, such as job search	1660
assistance services, available under any state or federal law;	1661

(3) Collects follow-up information relating to the services	1662
received by such claimants and the employment outcomes for such	1663
claimant's subsequent to receiving such services and utilizes such	1664
information in making identifications pursuant to division (K)(1)	1665
of this section; and	1666

(4) Meets such other requirements as the United States	1667
secretary of labor determines are appropriate.	1668

Section 2. That existing sections 3121.898, 3121.899,	1669
4141.01, 4141.281, and 4141.29 of the Revised Code are hereby	1670
repealed.	1671

Section 3. That Section 3 of S.B. 99 of the 124th General	1672
Assembly be amended to read as follows:	1673

Sec. 3. Notwithstanding division (R)(2) of section 4141.01 of	1674
the Revised Code as amended by this actS.B. 99 of the 124th	1675
General Assembly, the Director of Job and Family Services may	1676
specify that the provisions of that division are applicable for	1677
the determination of benefit rights involving benefit years	1678
beginning on or before December 28, 200326, 2004, if the Director	1679
determines that the technological systems necessary to effect the	1680
purposes of that division are operational and sufficiently	1681
adequate to assure no interruption in the discharge of the duties	1682
of the Director and the Department of Job and Family Services	1683
under Chapter 4141. of the Revised Code.	1684

Section 4. That existing Section 3 of S.B. 99 of the 124th	1685
General Assembly is hereby repealed.	1686

Section 5. This act is hereby declared to be an emergency	1687
measure necessary for the immediate preservation of the public	1688
peace, health, and safety. The reason for this necessity is that	1689
timely financial provision during times of unemployment is	1690
critically important to the citizens of Ohio. Therefore, this act	1691
shall go into immediate effect.	1692