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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 470 |
REPRESENTATIVE SHARRIS-THOMAS-EVANS-METZGER-GOODMAN-TIBERI-SCHURING-
O'BRIEN-WINKLER-CLANCY-CALLENDER-HOLLISTER-TRAKAS-CALVERT-YOUNG-
HOOPS-BRADING-A.CORE-TERWILLEGER-CATES-CORBIN-MEAD
SENATOR SGARDNER-RAY-JOHNSON
A BILL
To amend sections 119.01, 119.03, 121.02, 121.03, 121.32, 124.23,
124.30, 125.24, 126.30, 127.16, 149.01, 153.06, 307.86, 307.981,
307.982, 307.983, 307.984, 307.985, 307.986, 329.011,
329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02, 3313.64,
4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08, 4141.10,
4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01, 5101.02,
5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211, 5101.22,
5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38, 5101.80,
5101.97, and 5103.02; to amend, for the purpose of adopting new
section numbers as indicated in parentheses, sections 307.984
(307.985), 307.985 (307.986), 307.986 (307.987), and 307.987
(307.988); to enact new section 307.984 and sections 124.301,
329.061, 330.01, 330.02, 330.04, 330.05, 330.07, 763.01, 763.02, 763.05,
763.07, 5101.051, 5101.09, 5101.213, 5101.351, 5101.47, 5107.80, 6301.01,
6301.02, 6301.03, 6301.04, 6301.05, 6301.06, 6301.07, 6301.08, 6301.09, and
6301.10; and to repeal sections 4141.02, 4141.03, 4141.05, 4141.057, 4141.12,
4141.15, 4141.16, 4141.161, 4141.163, 4141.44, 5101.07, 5101.12,
5101.13, 5101.39, 5101.40, 5101.41, 5101.56, 5103.01, 5103.05, 5103.06,
5103.09, 5103.10, 5103.11, 5103.18, and 5103.19 of the Revised
Code and to amend Section 30 of Am. Sub. H.B. 283 of the 123rd
General Assembly to transfer the functions of the Bureau of
Employment Services to the Department of Job and Family Services
and the Department of Commerce, rename the Department of Human
Services and the county departments of human services, implement
the federal "Workforce Investment Act of 1998" and make other
changes to the law governing job and family services,
to maintain the provisions of this act on and
after April 1, 2001, by amending the version of section 119.03 of
the Revised Code that takes effect on that date, to maintain the provisions of
this act on and after April 1, 2002, by amending the version of section 119.03
of the Revised Code that takes effect on that date, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.01, 119.03, 121.02, 121.03, 121.32, 124.23,
124.30, 125.24, 126.30, 127.16, 149.01, 153.06, 307.86, 307.981,
307.982, 307.983, 307.984, 307.985, 307.986, 329.011,
329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02, 3313.64,
4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08, 4141.10,
4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01, 5101.02,
5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211, 5101.22,
5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38, 5101.80,
5101.97, and 5103.02 be amended, sections 307.984
(307.985), 307.985 (307.986), 307.986 (307.987), and 307.987
(307.988) be amended for the purpose of adopting new section numbers as
indicated in parentheses, and new section 307.984 and sections 124.301,
329.061, 330.01, 330.02, 330.04, 330.05, 330.07, 763.01, 763.02, 763.05,
763.07, 5101.051, 5101.09, 5101.213, 5101.351, 5101.47, 5107.80, 6301.01,
6301.02, 6301.03, 6301.04, 6301.05, 6301.06, 6301.07, 6301.08, 6301.09, and
6301.10 of the Revised Code be enacted to read as follows:
Sec. 119.01. As used in sections 119.01 to 119.13 of the
Revised Code:
(A)(1) "Agency" means, except as limited by this division,
any official, board, or commission having authority to promulgate
rules or make adjudications in the bureau of employment services,
the civil service commission, the department or, on and after July 1, 1997,
the division of liquor control, the department of
taxation, the industrial commission, the bureau of workers'
compensation, the functions of any administrative or executive
officer, department, division, bureau, board, or commission of
the government of the state specifically made subject to sections
119.01 to 119.13 of the Revised Code, and the licensing functions
of any administrative or executive officer, department, division,
bureau, board, or commission of the government of the state
having the authority or responsibility of issuing, suspending,
revoking, or canceling licenses.
Except as otherwise provided in division (I) of
this section, sections 119.01 to 119.13 of
the Revised Code do not apply to the public utilities commission. Sections
119.01 to 119.13 of the Revised Code do not apply to the
utility radiological safety board; to the controlling board; to
actions of the superintendent of financial institutions and the superintendent
of insurance in the taking
possession of, and rehabilitation or liquidation of, the business
and property of banks, savings and loan associations, savings banks,
credit unions, insurance
companies, associations, reciprocal fraternal benefit societies,
and bond investment companies; or to any action that may be
taken by the superintendent of financial institutions under
section 1113.03, 1121.05, 1121.06, 1121.10, 1125.09,
1125.12, 1125.18, 1155.18, 1157.01, 1157.02,
1157.10, 1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,
1733.412, or 1761.03 of the Revised Code.
Sections 119.01 to 119.13 of the
Revised Code do not apply to actions of the industrial commission
or the bureau of workers' compensation under sections 4123.01 to
4123.94 of the Revised Code with respect to all matters of
adjudication, and to the actions of the industrial commission and
bureau of workers' compensation under division (D) of section 4121.32 and
sections 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
4123.442, and divisions (B), (C), and (E) of section 4131.14
of the Revised Code.
Sections 119.01 to 119.13 of the Revised Code
do not apply to actions of the bureau of employment services,
except those relating
(2) "AGENCY" ALSO MEANS ANY OFFICIAL OR WORK UNIT HAVING
AUTHORITY TO PROMULGATE RULES OR MAKE ADJUDICATIONS IN THE DEPARTMENT OF JOB
AND FAMILY SERVICES, BUT ONLY WITH RESPECT to all BOTH of
the following:
(1)(a) The adoption, amendment, or rescission
of rules THAT SECTION 5101.09 of the Revised Code REQUIRES BE ADOPTED IN ACCORDANCE WITH
THIS CHAPTER;
(2)(b) The issuance, suspension, revocation, or cancellation
of licenses;
(3) Any hearing held pursuant to sections 4115.03 to 4115.16 of the
Revised
Code or Chapter 4109. or 4111. of the Revised Code.
(B) "License" means any license, permit, certificate,
commission, or charter issued by any agency. "License" does not
include any arrangement whereby a person, institution, or entity
furnishes medicaid services under a provider agreement with the
department of human JOB AND FAMILY services pursuant to Title
XIX of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(C) "Rule" means any rule, regulation, or standard, having
a general and uniform operation, adopted, promulgated, and
enforced by any agency under the authority of the laws governing
such agency, and includes any appendix to a rule. "Rule" does
not include any internal management rule of an agency unless the
internal management rule affects private rights and does not
include any guideline adopted pursuant to section 3301.0714 of
the Revised Code.
(D) "Adjudication" means the determination by the highest
or ultimate authority of an agency of the rights, duties,
privileges, benefits, or legal relationships of a specified
person, but does not include the issuance of a license in
response to an application with respect to which no question is
raised, nor other acts of a ministerial nature.
(E) "Hearing" means a public hearing by any agency in
compliance with procedural safeguards afforded by sections 119.01
to 119.13 of the Revised Code.
(F) "Person" means a person, firm, corporation,
association, or partnership.
(G) "Party" means the person whose interests are the
subject of an adjudication by an agency.
(H) "Appeal" means the procedure by which a person,
aggrieved by a finding, decision, order, or adjudication of any
agency, invokes the jurisdiction of a court.
(I) "Rule-making agency" means any board, commission,
department, division, or bureau of the government of the state
that is required to file proposed rules, amendments, or
rescissions under division (D) of section 111.15 of the Revised
Code and any agency that is required to file proposed rules,
amendments, or rescissions under divisions (B) and (H) of section
119.03 of the Revised Code. "Rule-making agency" includes the
public utilities
commission. "Rule-making agency" does not
include any state-supported college or university.
(J) "Substantive revision" means any addition to,
elimination from, or other change in a rule, an amendment of a
rule, or a rescission of a rule, whether of a substantive or
procedural nature, that changes any of the following:
(1) That which the rule, amendment, or rescission permits,
authorizes, regulates, requires, prohibits, penalizes, rewards,
or otherwise affects;
(2) The scope or application of the rule, amendment, or
rescission.
(K) "Internal management rule" means any rule, regulation,
or standard governing the day-to-day staff procedures and
operations within an agency.
Sec. 119.03. In the adoption, amendment, or rescission of
any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register of
Ohio at least
thirty days prior to the date set for a hearing, in the form the agency
determines. The agency shall file copies of the public notice under
division (B) of this section. (The agency gives public notice in the
register of Ohio when the public notice is published in the register
under that division.)
The public notice shall include:
(1) A statement of the agency's intention to consider
adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to
be rescinded or a general statement of the subject matter to
which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting,
amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed
action, which shall be not earlier than the thirty-first
nor later than
the fortieth day after the proposed rule,
amendment, or rescission is
filed under division (B) of this section.
In addition to public
notice given in the register of Ohio, the agency may give
whatever
other notice it reasonably considers
necessary to ensure notice constructively is given to all persons who are
subject to or affected by the proposed rule, amendment, or rescission.
The agency shall provide a copy of the public
notice
required under division (A) of this section to any person who
requests it and pays a reasonable fee, not to exceed the cost of
copying and mailing.
(B) One copy of the full text of the proposed rule,
amendment, or rule to be rescinded, accompanied by one copy of
the public notice required under division (A) of this section,
shall be filed with the secretary of state. Two copies of the
full text of the proposed rule, amendment, or rule to be
rescinded, accompanied by two copies of the public notice
required under division (A) of this section, shall be filed with
the director of the legislative service commission. (If in
compliance with this division an agency files more than one
proposed rule, amendment, or rescission at the same time, and has
prepared a public notice under division (A) of this
section
that
applies to more than one of the proposed rules, amendments, or
rescissions, the agency shall file only one copy of the notice
with the secretary of state and only two copies of the notice
with the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule,
amendment, or rescission and public notice shall be filed as
required by this division at least sixty-five days prior
to the date
on which the agency, in accordance with division (D) of this
section, issues an order adopting the proposed rule, amendment,
or rescission.
The proposed rule, amendment, or rescission shall
be available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible
form without charge to any person affected by the proposal.
Failure to furnish such text to any person requesting it shall
not invalidate any action of the agency in connection therewith.
If the agency files a substantive revision in the text of the
proposed rule, amendment, or rescission under division (H) of
this section, it shall also promptly file one copy of the full
text of the proposed rule, amendment, or rescission in its
revised form with the secretary of state and two copies thereof
with the director of the legislative service commission.
The
agency shall attach a copy of the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, to each copy of a proposed rule, amendment, or
rescission or proposed rule, amendment, or rescission
in revised form that is filed with the secretary of state or the
director of the legislative service commission.
The director of the legislative service commission shall
publish in the register of Ohio
the full text of the original and each revised version of a
proposed rule, amendment, or rescission; the full text of a public notice; and
the full
text of a rule summary and fiscal analysis that is filed with
the director under this division.
(C) On the date and at the time and place designated in
the notice, the agency shall conduct a public hearing at which
any person affected by the proposed action of the agency may
appear and be heard in person, by the person's attorney, or
both, may
present the person's position, arguments, or contentions,
orally or in
writing, offer and examine witnesses, and present evidence
tending to show that the proposed rule, amendment, or rescission,
if adopted or effectuated, will be unreasonable or unlawful.
An agency may permit persons affected by the proposed
rule, amendment, or rescission to present their positions,
arguments, or contentions in writing, not only at the hearing,
but also for a reasonable period before, after, or both before
and after the hearing. A person who presents a position or
arguments or contentions in writing before or after the hearing
is not required to appear at the hearing.
At the hearing, the testimony shall be recorded. Such record shall be made at
the expense of
the agency.
The agency is required to transcribe a record that is not
sight readable only if a person requests transcription of all or
part of the record and agrees to reimburse the agency for the
costs of the transcription. An agency may require the person to
pay in advance all or part of the cost of the
transcription.
In any hearing under this section the agency may administer
oaths or affirmations.
(D) After complying with divisions (A), (B), (C), and (H)
of this section, and when the time for legislative review and
invalidation under division (I) of this section has expired, the
agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At
that time the agency shall designate the effective date of the
rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been
filed in its final form as provided in section 119.04 of the
Revised Code.
(E) Prior to the effective date of a rule, amendment, or
rescission, the agency shall make a reasonable effort to inform
those affected by the rule, amendment, or rescission and to have
available for distribution to those requesting it the full text
of the rule as adopted or as amended.
(F) If the governor, upon the request of an agency,
determines that an emergency requires the immediate adoption,
amendment, or rescission of a rule, the governor shall issue
a written
order, a copy of which shall be filed with the secretary of
state, the director of the legislative service commission, and
the joint committee on agency rule review, that the procedure
prescribed by this section with respect to the adoption,
amendment, or rescission of a specified rule is suspended. The
agency may then adopt immediately the emergency rule, amendment,
or rescission and it becomes effective on the date copies of the
rule, amendment, or rescission, in final form and in compliance
with division (A)(2) of section 119.04 of the Revised Code, are
filed as follows: two certified copies of the emergency rule,
amendment, or rescission shall be filed with both the secretary
of state and the director of the legislative service commission,
and one certified copy of the emergency rule, amendment, or
rescission shall be filed with the joint committee on agency rule
review. If all copies are not filed on the same day, the
emergency rule, amendment, or rescission shall be effective on
the day on which the latest filing is made. The director shall
publish the full text of the emergency rule, amendment, or rescission in the
register of Ohio.
The emergency rule,
amendment, or rescission shall become invalid at the end of the
ninetieth day it is in effect. Prior to that date the agency may
adopt the emergency rule, amendment, or rescission as a
nonemergency rule, amendment, or rescission by complying with the
procedure prescribed by this section for the adoption, amendment,
and rescission of nonemergency rules. The agency shall not use
the procedure of this division to readopt the emergency rule,
amendment, or rescission so that, upon the emergency rule,
amendment, or rescission becoming invalid under this division,
the emergency rule, amendment, or rescission will continue in
effect without interruption for another ninety-day period.
This division does not apply to the adoption of any emergency rule,
amendment, or rescission by the tax commissioner under division
(C)(2) of section 5117.02 of the Revised Code.
(G) Rules adopted by an authority within the department of
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR
ENFORCEMENT OF CHAPTER 4141. of the Revised Code or OF the bureau
DEPARTMENT of employment services TAXATION shall be
effective
without a hearing as provided by this section if the statutes
pertaining to such agency specifically give a right of appeal to
the board of tax appeals or to a higher authority within the
agency or to a court, and also give the appellant a right to a
hearing on such appeal. This division does not apply to the
adoption of any rule, amendment, or rescission by the tax
commissioner under division (C)(1) or (2) of section 5117.02 of
the Revised Code, or deny the right to file an action for
declaratory judgment as provided in Chapter 2721. of the Revised
Code from the decision of the board of tax appeals or of the
higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
with the joint committee on agency rule review two copies of the
full text of the proposed rule, amendment, or rule to be
rescinded in the same form and two copies of the public notice
required under division (A) of this section. (If in compliance
with this division an agency files more than one proposed rule,
amendment, or rescission at the same time, and has given a public
notice under division (A) of this section that applies to more
than one of the proposed rules, amendments, or rescissions, the
agency shall file only two copies of the notice with the joint
committee for all of the proposed rules, amendments, or
rescissions to which the notice applies.) If the agency makes a
substantive revision in a proposed rule, amendment, or rescission
after it is filed with the joint committee, the agency shall
promptly file two copies of the full text of the proposed rule,
amendment, or rescission in its revised form with the joint
committee. The latest version of a proposed rule, amendment, or
rescission as filed with the joint committee supersedes each
earlier version of the text of the same proposed rule, amendment,
or rescission. An agency shall attach one copy of the rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both, to each copy of a proposed
rule, amendment, or rescission, and to each copy of a proposed
rule, amendment, or rescission in revised form, that is filed
under this division.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must
be adopted verbatim by an agency pursuant to federal law or rule,
to become effective within sixty days of adoption, in order to
continue the operation of a federally reimbursed program in this
state, so long as the proposed rule contains both of the
following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
If a rule or amendment is exempt from legislative review under
division (H)(2) of this section, and if the federal law or rule
pursuant to which the rule or amendment was adopted expires, is repealed or
rescinded, or
otherwise terminates, the rule or amendment, or its rescission, is thereafter
subject to
legislative review under
division (H) of this section.
(I)(1) The joint committee on agency rule review may
recommend the adoption of a concurrent resolution invalidating a
proposed rule, amendment, rescission, or part thereof if it finds
any of the following:
(a) That the rule-making agency has exceeded the scope of
its statutory authority in proposing the rule, amendment, or
rescission;
(b) That the proposed rule, amendment, or rescission
conflicts with another rule, amendment, or rescission adopted by
the same or a different rule-making agency;
(c) That the proposed rule, amendment, or rescission
conflicts with the legislative intent in enacting the statute
under which the rule-making agency proposed the rule, amendment,
or rescission;
(d) That the rule-making agency has failed to prepare a
complete and accurate rule summary and fiscal analysis of the
proposed rule, amendment, or rescission as required by section
121.24 or 127.18 of the Revised Code, or both.
The joint committee shall not hold its public hearing on a proposed rule,
amendment, or rescission earlier than the forty-first day after the original
version of the proposed rule, amendment, or rescission was filed with the
joint committee.
The house of representatives and senate may adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof. The concurrent resolution shall
state which of the specific rules, amendments, rescissions, or
parts thereof are invalidated. A concurrent resolution
invalidating a proposed rule, amendment, or rescission shall be
adopted not later than the
sixty-fifth day after the
original version of
the text of the proposed rule, amendment, or rescission is filed
with the joint committee, except that if more than
thirty-five days
after the original version is filed the rule-making agency either
files a revised version of the text of the proposed rule,
amendment, or rescission, or revises the rule summary and fiscal
analysis in accordance with division (I)(4) of this section, a
concurrent resolution invalidating the proposed rule, amendment,
or rescission shall be adopted not later than the
thirtieth day after
the revised version of the proposed rule or rule summary and
fiscal analysis is filed. If, after the joint committee on
agency rule review recommends the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the house of representatives or senate does not,
within the time remaining for adoption of the concurrent
resolution, hold five floor sessions at which its journal records
a roll call vote disclosing a sufficient number of members in
attendance to pass a bill, the time within which that house may
adopt the concurrent resolution is extended until it has held
five such floor sessions.
Within five days after the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the clerk of the senate shall send the
rule-making agency, the secretary of state, and the director of
the legislative service commission a certified copy of the
resolution together with a certification stating the date on
which the resolution takes effect. The secretary of state and
the director of the legislative service commission shall each
note the invalidity of the proposed rule, amendment, rescission,
or part thereof on their copies, and shall each remove
the invalid
proposed rule, amendment, rescission, or part thereof from the
file of proposed rules. The rule-making agency shall not proceed
to adopt in accordance with division (D) of this section, or to
file in accordance with division (B)(1) of section 111.15 of the
Revised Code, any version of a proposed rule, amendment,
rescission, or part thereof that has been invalidated by
concurrent resolution.
Unless the house of representatives and senate adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof within the time specified by this
division, the rule-making agency may proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the latest version of the proposed rule, amendment, or
rescission as filed with the joint committee. If by concurrent
resolution certain of the rules, amendments, rescissions, or
parts thereof are specifically invalidated, the rule-making
agency may proceed to adopt, in accordance with division (D) of
this section, or to file in accordance with division (B)(1) of
section 111.15 of the Revised Code, the latest version of the
proposed rules, amendments, rescissions, or parts thereof as
filed with the joint committee that are not specifically
invalidated. The rule-making agency may not revise or amend any
proposed rule, amendment, rescission, or part thereof that has
not been invalidated except as provided in this chapter or in
section 111.15 of the Revised Code.
(2)(a) A proposed rule, amendment, or rescission that is
filed with the joint committee under division (H) of this section
or division (D) of section 111.15 of the Revised Code shall be
carried over for legislative review to the next succeeding
regular session of the general assembly if the original or any
revised version of the proposed rule, amendment, or rescission is
filed with the joint committee on or after the first day of
December of any year.
(b) The latest version of any proposed rule, amendment, or
rescission that is subject to division (I)(2)(a) of this section,
as filed with the joint committee, is subject to legislative
review and invalidation in the next succeeding regular session of
the general assembly in the same manner as if it were the
original version of a proposed rule, amendment, or rescission
that had been filed with the joint committee for the first time
on the first day of the session. A rule-making agency shall not
adopt in accordance with division (D) of this section, or file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, any version of a proposed rule, amendment, or rescission
that is subject to division (I)(2)(a) of this section until the
time for legislative review and invalidation, as contemplated by
division (I)(2)(b) of this section, has expired.
(3) Invalidation of any version of a proposed rule,
amendment, rescission, or part thereof by concurrent resolution
shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the same proposed
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the proposed rule,
amendment, rescission, or part thereof unless the same general
assembly adopts a concurrent resolution permitting the
rule-making agency to institute or continue such proceedings.
The failure of the general assembly to invalidate a
proposed rule, amendment, rescission, or part thereof under this
section shall not be construed as a ratification of the
lawfulness or reasonableness of the proposed rule, amendment,
rescission, or any part thereof or of the validity of the
procedure by which the proposed rule, amendment, rescission, or
any part thereof was proposed or adopted.
(4) In lieu of recommending a concurrent resolution to
invalidate a proposed rule, amendment, rescission, or part
thereof because the rule-making agency has failed to prepare a
complete and accurate fiscal analysis, the joint committee on
agency rule review may issue, on a one-time basis, for rules,
amendments, rescissions, or parts thereof that have a fiscal
effect on school districts, counties, townships, or municipal
corporations, a written finding that the rule summary and fiscal
analysis is incomplete or inaccurate and order the rule-making
agency to revise the rule summary and fiscal analysis and refile
it with the proposed rule, amendment, rescission, or part
thereof. If an emergency rule is filed as a nonemergency rule
before the end of the ninetieth day of the emergency rule's
effectiveness, and the joint committee issues a finding and
orders the rule-making agency to refile under division (I)(4) of
this section, the governor may also issue a written order stating
that the emergency rule shall remain in effect for an additional
sixty days after the ninetieth day of the emergency rule's
effectiveness. Copies of the governor's written orders shall be
filed in accordance with division (F) of this section. The joint
committee shall send the rule-making agency, the secretary of
state, and the director of the legislative service commission a
certified copy of the order to revise the rule summary and fiscal
analysis, which shall take immediate effect.
A written order issued under division (I)(4) of this
section shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the proposed rule,
amendment, rescission, or part thereof until the rule-making
agency revises the rule summary and fiscal analysis and refiles
it with the joint committee along with the proposed rule,
amendment, rescission, or part thereof. If the joint committee
finds the rule summary and fiscal analysis to be complete and
accurate, the joint committee shall issue a new written order
noting that the rule-making agency has revised and refiled a
complete and accurate rule summary and fiscal analysis. The
joint committee shall send the rule-making agency, the secretary
of state, and the director of the legislative service commission
a certified copy of this new order. The secretary of state and
the director of the legislative service commission shall each
attach this order to their copies of the proposed rule,
amendment, rescission, or part thereof. The rule-making agency
may then proceed to adopt in accordance with division (D) of this
section, or to file in accordance with division (B)(1) of section
111.15 of the Revised Code, the proposed rule, amendment,
rescission, or part thereof that was subject to the written
finding and order under division (I)(4) of this section. If the
joint committee determines that the revised rule summary and
fiscal analysis is still inaccurate or incomplete, the joint
committee shall recommend the adoption of a concurrent resolution
in accordance with division (I)(1) of this section.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001.
Sec. 121.02. The following administrative departments and
their respective directors are hereby created:
(A) The office of budget and management, which shall be
administered by the director of budget and management;
(B) The department of commerce, which shall be
administered by the director of commerce;
(C) The department of administrative services, which shall
be administered by the director of administrative services;
(D) The department of transportation, which shall be
administered by the director of transportation;
(E) The department of agriculture, which shall be
administered by the director of agriculture;
(F) The department of natural resources, which shall be
administered by the director of natural resources;
(G) The department of health, which shall be administered
by the director of health;
(H) The department of human JOB AND FAMILY services, which
shall be
administered by the director of human JOB AND FAMILY services;
(I) Until July 1, 1997, the department of liquor control, which shall be
administered by the director of liquor control;
(J) The department of public safety, which shall be
administered by the director of public safety;
(K) The department of mental health, which shall be
administered by the director of mental health;
(L) The department of mental retardation and developmental
disabilities, which shall be administered by the director of
mental retardation and developmental disabilities;
(M) The department of insurance, which shall be
administered by the superintendent of insurance as director
thereof;
(N) The department of development, which shall be
administered by the director of development;
(O) The department of youth services, which shall be
administered by the director of youth services;
(P) The department of rehabilitation and correction, which
shall be administered by the director of rehabilitation and
correction;
(Q) The environmental protection agency, which shall be
administered by the director of environmental protection;
(R) The department of aging, which shall be administered
by the director of aging;
(S) The department of alcohol and drug addiction services,
which shall be administered by the director of alcohol and drug
addiction services.
The director of each department shall exercise the powers
and perform the duties vested by law in such department.
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent
of the senate, and shall hold their offices during the term of
the appointing governor, and are subject to removal at the
pleasure of the governor.
(A) The director of budget and management;
(B) The director of commerce;
(C) The director of transportation;
(D) The director of agriculture;
(E) The director of human JOB AND FAMILY services;
(F) Until July 1, 1997, the director of liquor control;
(G) The director of public safety;
(H) The superintendent of insurance;
(I) The director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L) The administrator of the bureau of employment
services;
(M) The director of natural resources;
(N)(M) The director of mental health;
(O)(N) The director of mental retardation and developmental
disabilities;
(P)(O) The director of health;
(Q)(P) The director of youth services;
(R)(Q) The director of rehabilitation and correction;
(S)(R) The director of environmental protection;
(T)(S) The director of aging;
(U)(T) The director of alcohol and drug addiction services;
(V)(U) The administrator of workers' compensation who meets
the qualifications required under division (A) of section 4121.121 of the
Revised Code.
Sec. 121.32. The commission on Hispanic-Latino affairs shall:
(A) Gather and disseminate information and conduct
hearings, conferences, investigations, and special studies on
problems and programs concerning Spanish-speaking people;
(B) Secure appropriate recognition of the accomplishments
and contributions of Spanish-speaking people to this state;
(C) Stimulate public awareness of the problems of
Spanish-speaking people by conducting a program of public
education;
(D) Develop, coordinate, and assist other public and
private organizations that serve Spanish-speaking people,
including the conducting of training programs for community
leadership and service project staff;
(E) Advise the governor, general assembly, and state
departments and agencies of the nature, magnitude, and priorities
of the problems of Spanish-speaking people;
(F) Advise the governor, general assembly, and state
departments and agencies on, and assist in the development and
implementation of, comprehensive and coordinated policies,
programs, and procedures focusing on the special problems and
needs of Spanish-speaking people, especially in the fields of
education, employment, energy, health, housing, welfare, and
recreation;
(G) Propose new programs concerning Spanish-speaking
people to public and private agencies and evaluate for such
agencies existing programs or prospective legislation concerning
Spanish-speaking people;
(H) Review and approve grants to be made from federal,
state, or private funds which are administered or subcontracted
by the office of Spanish-speaking affairs;
(I) Review and approve the annual report prepared by the
office of Spanish-speaking affairs;
(J) Create an interagency council consisting of the following
persons or their authorized representatives: one member of the senate
appointed by the president of the senate; one member of the house of
representatives appointed by the speaker of the house of representatives; the
directors of administrative services, agriculture,
education, development, health, highway safety, human JOB AND
FAMILY services, industrial
relations, liquor
control, mental health, mental retardation and developmental disabilities,
natural resources, rehabilitation and correction, youth
services, transportation, environmental protection, and budget and management;
the chairperson of the
Ohio civil rights commission, and the
administrators of the bureau of employment services, the bureau of
workers'
compensation, and the rehabilitation services commission, AND
AN ADDITIONAL MEMBER OF THE GOVERNOR'S CABINET APPOINTED BY THE GOVERNOR.
The
commission on
Hispanic-Latino affairs, by rule, may designate other state
officers or their representatives to be members of the council. The director
of the commission
shall be the chairperson of the council.
The interagency council shall provide and coordinate the exchange of
information relative to the needs of Spanish-speaking people and
promote the delivery of state services to such people. The council shall meet
at the call of the chairperson.
Sec. 124.23. (A) All applicants for positions and places in
the classified service shall be subject to examination, except
for applicants for positions as professional or certified service
and paraprofessional employees of county boards of mental
retardation and developmental disabilities, who shall be hired in
the manner provided in section 124.241 of the Revised Code.
(B) Any examination administered under this section shall be
public, and open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens, within certain limitations to be
determined by the director of administrative services, as to
citizenship, residence, age, experience, education, health,
habit, and moral character; provided any soldier, sailor, marine,
coast guardsman GUARDER, member of the auxiliary corps as
established by
congress, member of the army nurse corps or navy nurse corps, or
red cross nurse who has served in the army, navy, or hospital
service of the United States, and such other military service as
is designated by congress, including World War I, World War II,
or during the period beginning May 1, 1949, and lasting so long
as the armed forces of the United States are engaged in armed
conflict or occupation duty, or the selective service or similar
conscriptive acts are in effect in the United States, whichever
is the later date, who has been honorably discharged therefrom or
transferred to the reserve with evidence of satisfactory service,
and is a resident of Ohio, may file with the director OF ADMINISTRATIVE
SERVICES a
certificate of service or honorable discharge, whereupon the
person shall
receive additional credit of twenty per cent of the person's
total grade given in the regular examination in which the person receives a
passing grade. Such examination may include an evaluation of such
factors as education, training, capacity, knowledge, manual
dexterity, and physical or psychological fitness. Examinations
shall consist of one or more tests in any combination. Tests may
be written, oral, physical, demonstration of skill, or an
evaluation of training and experiences and shall be designed to
fairly test the relative capacity of the persons examined to
discharge the particular duties of the position for which
appointment is sought. Where minimum or maximum requirements are
established for any examination they shall be specified in the
examination announcement.
The director OF ADMINISTRATIVE SERVICES shall have control of all
examinations, except
as otherwise provided in sections 124.01 to 124.64 of the Revised
Code. No questions in any examination shall relate to political
or religious opinions or affiliations. No credit for seniority,
efficiency, or any other reason shall be added to an applicant's
examination grade unless the applicant achieves at least the
minimum passing grade on the examination without counting such
extra credit.
Reasonable EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 124.01 TO 124.64
of the Revised Code, THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL GIVE REASONABLE notice
of the time, place, and general scope of
every competitive examination for appointment to a position in
the civil service, except as otherwise provided in such sections,
shall be given by the director. Written THE DIRECTOR OF
ADMINISTRATIVE SERVICES SHALL SEND WRITTEN, printed, or electronic notices
of
every examination of the state classified service shall be sent
by the director to each Ohio bureau of employment
services branch office, or, if no such branch office AGENCY OF THE TYPE
THE DIRECTOR OF JOB AND FAMILY SERVICES SPECIFIES AND, IN THE CASE OF A COUNTY
IN WHICH NO SUCH AGENCY is located
in a county, to the clerk of the court of common pleas of
that county and to the clerk of each city of
that county. Such notices,
promptly upon receipt, shall be posted in conspicuous
public places in the branch office, or in DESIGNATED AGENCIES
AND the courthouse
of the county, and in the city hall of the city
CITIES, OF THE COUNTIES IN WHICH NO SUCH AGENCY IS LOCATED. Such
notices shall be posted in a conspicuous place in the office of
the director OF ADMINISTRATIVE SERVICES for at least two weeks before
any examination. In case of examinations limited by the director
OF ADMINISTRATIVE SERVICES to a district, county, city, or department,
the director
OF ADMINISTRATIVE SERVICES shall provide by rule for adequate publicity
of such examinations in the
district, county, city, or department within which
competition is permitted.
Sec. 124.30. (A) Positions in the classified service may be
filled without competition as follows:
(1) Whenever there are urgent reasons for filling a
vacancy in any position in the classified service and the
director of administrative services is unable to certify to the
appointing authority, upon requisition by the latter, a list of
persons eligible for appointment to such position after a
competitive examination, the appointing authority may nominate a
person to the director for noncompetitive examination, and if
such nominee is certified by the director as qualified after such
noncompetitive examination, the nominee may be appointed
provisionally to
fill such vacancy until a selection and appointment can be made
after competitive examination; but such provisional appointment
shall continue in force only until a regular appointment can be
made from eligible lists prepared by the director and such
eligible lists shall be prepared within six months, provided that
an examination for the position must be held within the six-month
period from the date of such provisional appointment. In the
case of provisional appointees in county departments of human
JOB AND FAMILY services and in the
department of human JOB AND FAMILY services and department of
health, if the
salary is paid in whole or in part from federal funds, such
eligible lists shall be prepared within six months, provided that
an examination for the position must be held within the six-month
period from the date of such provisional appointment. In case of
an emergency, an appointment may be made without regard to the
rules of sections 124.01 to 124.64 of the Revised Code, but in no
case to continue longer than thirty days, and in no case shall
successive appointments be made. Interim or temporary
appointments, made necessary by reason of sickness, disability,
or other approved leave of absence of regular officers or
employees shall continue only during such period of sickness,
disability, or other approved leave of absence, subject to rules
to be provided for by the director.
(2) In case of a vacancy in a position in the classified
service where peculiar and exceptional qualifications of a
scientific, managerial, professional, or educational character
are required, and upon satisfactory evidence that for specified
reasons competition in such special case is impracticable and
that the position can best be filled by a selection of some
designated person of high and recognized attainments in such
qualities, the director may suspend the provisions of sections
124.01 to 124.64 of the Revised Code, requiring competition in
such case, but no suspension shall be general in its application,
and all such cases of suspension shall be reported in the annual
report of the director with the reasons for the suspension. THE DIRECTOR
SHALL SUSPEND THE PROVISIONS WHEN THE DIRECTOR OF JOB AND FAMILY SERVICES
PROVIDES THE DIRECTOR CERTIFICATION UNDER SECTION 5101.051 of the Revised Code THAT A
POSITION WITH THE DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST BE FILLED IF
THE PROVISIONS ARE SUSPENDED.
(3) Where the services to be rendered by an appointee are
for a temporary period, not to exceed six months, and the need of
such service is important and urgent, the appointing authority
may select for such temporary service any person on the proper
list of those eligible for permanent appointment. Successive
temporary appointments to the same position shall not be made
under this division. The acceptance or refusal by an eligible of
a temporary appointment shall not affect the person's standing on the
register for permanent employment; nor shall the period of
temporary service be counted as a part of the probationary
service in case of subsequent appointment to a permanent
position.
(B) Persons who receive external interim, temporary, or
intermittent appointments are in the unclassified civil service and serve at
the pleasure of their appointing authority. Interim appointments shall be
made only to fill a vacancy that results from an employee's temporary absence,
but shall not be made to fill a vacancy that results because an employee
receives an interim appointment.
Sec. 124.301. THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL WAIVE
ANY RESIDENCY REQUIREMENT FOR THE CIVIL SERVICE ESTABLISHED BY A RULE
ADOPTED UNDER DIVISION (A) OF SECTION 124.09 OF THE REVISED
CODE
IF THE DIRECTOR OF JOB AND FAMILY SERVICES PROVIDES THE DIRECTOR
CERTIFICATION UNDER SECTION 5101.051 OF THE REVISED CODE
THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY SERVICES CAN BEST
BE FILLED IF THE RESIDENCY REQUIREMENT IS WAIVED.
Sec. 125.24. (A) There is hereby created the Ohio benefit
systems data linkage committee, consisting of the directors of
administrative services, budget and management, human JOB AND
FAMILY services,
and health, the tax commissioner, the registrar of motor
vehicles, a representative of the Ohio human services directors'
association and a representative of the county commissioners association of
Ohio appointed by the director of administrative services,
and the administrators of the bureaus ADMINISTRATOR of
workers'
compensation, and employment services AN ADDITIONAL MEMBER OF
THE GOVERNOR'S CABINET APPOINTED BY THE GOVERNOR. The director of
administrative services shall convene the committee.
(B) Not later than July 1, 1994, the Ohio benefit systems
data linkage committee shall develop a plan for development and
implementation of the state benefit eligibility verification
system that links the information systems of the agencies
specified in division (C) of this section. The plan shall
be
submitted to the president of the senate, the speaker of the
house of representatives, and the governor.
The plan shall include all of the following:
(1) Designation of the state agency to be responsible for
establishing and implementing the system;
(2) Specification of the form and manner in which
participating agencies must exchange information under the
system;
(3) Specifications regarding the confidential treatment of
information obtained and furnished under the system;
(4) Estimates of the funding required to implement the
system;
(5) A report on the feasibility of directly linking the
information system to other state, federal, and local information
systems;
(6) Identification of any federal requirements and
limitations applicable to the system.
(C) Not later than July 1, 1996, the state benefit
eligibility verification system shall be established and
implemented by the chief administrative officer of the agency
designated by the Ohio benefit systems data linkage committee.
The departments of administrative services, human JOB AND
FAMILY services, and
taxation; the office of budget and management; the office of
vital statistics in the department of health; the bureau of motor
vehicles in the department of public safety; and the bureaus
BUREAU of
employment services and workers' compensation shall participate
in the system.
(D) The administrator of the system shall ensure that
information obtained or furnished under the system is made
available only to the extent necessary to assist in the valid
administrative needs of the agency receiving the information and
is targeted for use in ways that are most likely to be productive
in identifying and preventing erroneous eligibility
determinations and incorrect payments. The administrator shall
take any other action necessary to provide for the confidential
treatment of the information obtained and furnished under the
system and shall ensure that the sharing of information under the
system is not in conflict with any applicable federal
requirements.
Sec. 126.30. (A) Any state agency that purchases, leases,
or otherwise acquires any equipment, materials, goods, supplies,
or services from any person and fails to make payment for the
equipment, materials, goods, supplies, or services by the
required payment date shall pay an interest charge to the person
in accordance with division (E) of this section, unless the
amount of the interest charge is less than ten dollars. Except
as otherwise provided in division (B), (C), or (D) of
this
section, the required payment date shall be the date on which
payment is due under the terms of a written agreement between the
state agency and the person or, if a specific payment date is not
established by such a written agreement, the required payment
date shall be thirty days after the state agency receives a
proper invoice for the amount of the payment due.
(B) If the invoice submitted to the state agency contains
a defect or impropriety, the agency shall send written
notification to the person within fifteen days after receipt of
the invoice. The notice shall contain a description of the
defect or impropriety and any additional information necessary to
correct the defect or impropriety. If the agency sends such
written notification to the person, the required payment date
shall be thirty days after the state agency receives a proper
invoice.
(C) In applying this section to claims submitted to the
department of human JOB AND FAMILY services by providers of
equipment, materials, goods, supplies, or services, the required payment
date shall be the date on which payment is due under the terms of
a written agreement between the department and the provider. If
a specific payment date is not established by a written
agreement, the required payment date shall be thirty days after
the department receives a proper claim. If the department
determines that the claim is improperly executed or that
additional evidence of the validity of the claim is required, the
department shall notify the claimant in writing or by telephone
within fifteen days after receipt of the claim. The notice shall
state that the claim is improperly executed and needs correction
or that additional information is necessary to establish the
validity of the claim. If the department makes such notification
to the provider, the required payment date shall be thirty days
after the department receives the corrected claim or such
additional information as may be necessary to establish the
validity of the claim.
(D) In applying this section to invoices submitted to the
bureau of workers' compensation for equipment, materials, goods,
supplies, or services provided to employees in connection with an
employee's claim against the state insurance fund, the public
work-relief employees' compensation fund, the coal-workers
pneumoconiosis fund, or the marine industry fund as compensation
for injuries or occupational disease pursuant to Chapter 4123.,
4127., or 4131. of the Revised Code, the required payment date
shall be the date on which payment is due under the terms of a
written agreement between the bureau and the provider. If a
specific payment date is not established by a written agreement,
the required payment date shall be thirty days after the bureau
receives a proper invoice for the amount of the payment due or
thirty days after the final adjudication allowing payment of an
award to the employee, whichever is later. Nothing in this
section shall supersede any faster timetable for payments to
health care providers contained in sections 4121.44
and 4123.512 of the Revised Code.
For purposes of this division, a "proper invoice" includes
the claimant's name, claim number and date of injury, employer's
name, the provider's name and address, the provider's assigned
payee number, a description of the equipment, materials, goods,
supplies, or services provided by the provider to the claimant,
the date provided, and the amount of the charge. If more than
one item of equipment, materials, goods, supplies, or services is
listed by a provider on a single application for payment, each
item shall be considered separately in determining if it is a
proper invoice.
If prior to a final adjudication the bureau determines that
the invoice contains a defect, the bureau shall notify the
provider in writing at least fifteen days prior to what would be
the required payment date if the invoice did not contain a
defect. The notice shall contain a description of the defect and
any additional information necessary to correct the defect. If
the bureau sends a notification to the provider, the required
payment date shall be redetermined in accordance with this
division after the bureau receives a proper invoice.
For purposes of this division, "final adjudication" means
the later of the date of the decision or other action by the
bureau, the industrial commission, or a court allowing payment of
the award to the employee from which there is no further right to
reconsideration or appeal that would require the bureau to
withhold compensation and benefits, or the date on which the
rights to reconsideration or appeal have expired without an
application therefor having been filed or, if later, the date on
which an application for reconsideration or appeal is withdrawn.
If after final adjudication, the administrator of the bureau of
workers' compensation or the industrial commission makes a
modification with respect to former findings or orders, pursuant
to Chapter 4123., 4127., or 4131. of the Revised Code or pursuant
to court order, the adjudication process shall no longer be
considered final for purposes of determining the required payment
date for invoices for equipment, materials, goods, supplies, or
services provided after the date of the modification when the
propriety of the invoices is affected by the modification.
(E) The interest charge on amounts due shall be paid to
the person for the period beginning on the day after the required
payment date and ending on the day that payment of the amount due
is made. The amount of the interest charge that remains unpaid
at the end of any thirty-day period after the required payment
date, including amounts under ten dollars, shall be added to the
principal amount of the debt and thereafter the interest charge
shall accrue on the principal amount of the debt plus the added
interest charge. The interest charge shall be at the rate per
calendar month that equals one-twelfth of the rate per annum
prescribed by section 5703.47 of the Revised Code for the
calendar year that includes the month for which the interest
charge accrues.
(F) No appropriations shall be made for the payment of any
interest charges required by this section. Any state agency
required to pay interest charges under this section shall make
the payments from moneys available for the administration of
agency programs.
If a state agency pays interest charges under this section,
but determines that all or part of the interest charges should
have been paid by another state agency, the state agency that
paid the interest charges may request the attorney general to
determine the amount of the interest charges that each state
agency should have paid under this section. If the attorney
general determines that the state agency that paid the interest
charges should have paid none or only a part of the interest
charges, the attorney general shall notify the state agency that
paid the interest charges, any other state agency that should
have paid all or part of the interest charges, and the director
of budget and management of the attorney general's decision,
stating the amount of
interest charges that each state agency should have paid. The
director shall transfer from the appropriate funds of any other
state agency that should have paid all or part of the interest
charges to the appropriate funds of the state agency that paid
the interest charges an amount necessary to implement the
attorney general's decision.
(G) Not later than forty-five days after the end of each
fiscal year, each state agency shall file with the director of
budget and management a detailed report concerning the interest
charges the agency paid under this section during the previous
fiscal year. The report shall include the number, amounts, and
frequency of interest charges the agency incurred during the
previous fiscal year and the reasons why the interest charges
were not avoided by payment prior to the required payment date.
The director shall compile a summary of all the reports submitted
under this division and shall submit a copy of the summary to the
president and minority leader of the senate and to the speaker
and minority leader of the house of representatives no later than
the thirtieth day of September of each year.
Sec. 127.16. (A) Upon the request of either a state
agency or the director of budget and management and after the
controlling board determines that an emergency or a sufficient
economic reason exists, the controlling board may approve
the making of a purchase without competitive selection as provided in
division (B) of this section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would amount to fifty thousand dollars or more when combined with
both the amount of all disbursements to the supplier during the
fiscal year for purchases made by the agency and the amount of
all outstanding encumbrances for purchases made by the agency
from the supplier, unless the purchase is made by competitive
selection or with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier during the fiscal year for real estate leases made by
the agency and the amount of all outstanding encumbrances for
real estate leases made by the agency from the supplier, unless
the lease is made by competitive selection or with the approval
of the controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider
agreements under disability assistance medical assistance
established under Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records of the amounts of money spent under each contract and
annually files those records with the clerk of the
house of representatives and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mines and reclamation to contract for reclamation work with an operator
mining adjacent land as provided in section 1513.27 of the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board the name of any person with whom the agency contracts to
make, broker, service, or otherwise manage its investments, as
well as the commission, rate, or schedule of charges of such
person with respect to any investment transactions to be
undertaken on behalf of the agency. The filing shall be in a
form and at such times as the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to persons with disabilities, or to purchases made by the
commission in connection with the eligibility determinations it
makes for applicants of programs administered by the social
security administration;
(9) Applying to payments by the department of human JOB AND
FAMILY
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the state government;
(11) Applying to agreements OR CONTRACTS entered into under section
5101.11, 5101.21, or 5101.211 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
department or, on and after July 1, 1997, the division of liquor control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets, newspapers, maintenance subscriptions, and other
published materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental protection to enter into contracts under division
(D) of section 3745.14 of the Revised Code to conduct compliance
reviews, as defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency pursuant to sections 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of human JOB AND
FAMILY
services to the United States department of health and human
services for printing and mailing notices pertaining to the tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of mental retardation and developmental disabilities under
sections 5123.18, 5123.182, and 5111.252 of the Revised Code;
(28) Applying to payments made by the department of mental health under a
physician recruitment program authorized by section 5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the director of commerce for unclaimed funds collection and
remittance efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of unclaimed funds collected by those
persons and amounts paid to them for their services.
(30) Applying to purchases made by a state institution of higher
education
in accordance with the terms of a contract between the vendor and an
inter-university purchasing group comprised of purchasing officers of state
institutions of higher education;
(31) Applying to the department of human JOB AND FAMILY
services' purchases of health
assistance services under the children's health insurance program part
I provided for under section 5101.50 of the Revised Code or the children's
health
insurance program part II provided for under section 5101.51
of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the cumulative purchase thresholds established in divisions
(B)(1), (B)(2), and (E) of this section, all of the following
purchases by such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section, "competitive selection,"
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 149.01. Each elective state officer, the adjutant
general, the adult parole authority, the department of
agriculture, the director of administrative services, the public
utilities commission, the superintendent of insurance, the
superintendent of
financial institutions, the superintendent of purchases and
printing, the state
commissioner of soldiers' claims, the fire marshal, the
industrial commission, the administrator of workers' compensation,
the state department of transportation, the department of health,
the state medical board, the state dental board, the board of
embalmers and funeral directors, the department of human
services, the Ohio commission for the blind, the accountancy
board of Ohio, the state council of uniform state laws,
the board
of commissioners of the sinking fund, the department of taxation,
the board of tax appeals, the clerk of the supreme court, the
division of liquor control, the director of state armories,
the trustees of the Ohio state university, and every private or
quasi-public institution, association, board, or corporation
receiving state money for its use and purpose shall make
annually, at the end of each fiscal year, in quadruplicate, a
report of the transactions and proceedings of that office
or department for that fiscal year, excepting receipts and
disbursements unless otherwise specifically required by law.
The report
shall contain a summary of the official acts of the
officer, board, council, commission, institution, association,
or
corporation and any suggestions and recommendations
that are
proper. On the first day of August of each year, one of
the
reports shall be filed with the governor, one with the secretary
of state, and one with the state library, and one shall be kept
on file in the office of the officer, board, council,
commission,
institution, association, or corporation.
Sec. 153.06. After the proceedings required by sections
153.01 and 153.04 of the Revised Code have been complied with,
the owner referred to in section 153.01 of the Revised Code shall
give public notice of the time and place when and where
bids
will be received for performing the labor and furnishing the
materials of such construction, improvement, alteration,
addition, or installation, and a contract awarded, except for
materials manufactured by the state or labor supplied by the
A COUNTY department of human JOB AND FAMILY services that
may enter into the same. The
form of bid approved by the department of administrative
services shall be used, and a bid shall be invalid and not
considered unless such form is used without change, alteration,
or addition. Bidders may be permitted to bid upon all the
branches of work and materials to be furnished and supplied, or
upon any thereof, or alternately upon all or any thereof.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of fifteen thousand dollars, except
as otherwise provided in division (D) of section 713.23 and in
sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03, 340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all three members of
a board of county commissioners when all three members are present, or two
members of the board if only two members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is fifteen thousand dollars or more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited,. THE COUNTY OR CONTRACTING
AUTHORITY SHALL MAINTAIN THE RECORD for no less than THE LONGER
OF AT LEAST one year after
the contract is awarded OR THE AMOUNT OF TIME THE FEDERAL GOVERNMENT
REQUIRES.
(B) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a board of
education, township, or municipal corporation.
(D) Public social FAMILY services OR WORKFORCE DEVELOPMENT
ACTIVITIES are purchased for provision by
the county department of human JOB AND FAMILY services under
section 329.04 of
the Revised Code, or program services, such as direct and
ancillary client services, child day-care, case management
services, residential services, and family resource services, are
purchased for provision by a county board of mental retardation
and developmental disabilities under section 5126.05 of the
Revised Code.
(E) The purchase consists of human and social FAMILY services
OR WORKFORCE DEVELOPMENT ACTIVITIES by
the board of county commissioners from nonprofit corporations or
associations under programs that ARE funded entirely by the
federal government.
(F) The purchase consists of any form of an insurance
policy or contract authorized to be issued under Title XXXIX of
the Revised Code or any form of health care plan
authorized to be issued under Chapter 1751. of the Revised Code, or any
combination of such policies,
contracts, or plans that the contracting authority is authorized
to purchase, and the contracting authority does all of the
following:
(1) Determines that compliance with the requirements of
this section would increase, rather than decrease, the cost of
such purchase;
(2) Employs a competent consultant to assist the
contracting authority in procuring appropriate coverages at the
best and lowest prices;
(3) Requests issuers of such policies, contracts, or plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of such policies, contracts, or plans as the
contracting authority desires to purchase;
(4) Negotiates with such issuers for the purpose of
purchasing such policies, contracts, or plans at the best and
lowest price reasonably possible.
(G) The purchase consists of computer hardware, software,
or consulting services that are necessary to implement a
computerized case management automation project administered by
the Ohio prosecuting attorneys association and funded by a grant
from the federal government.
(H) Child day-care services are purchased for provision to
county employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised Code to lease the
property.
(b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price reasonably possible considering the fair market value of
the property and any relocation and operational costs that may be incurred
during the period the lease is in effect.
(2) The contracting authority may use the services of a
real estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or sections
5139.41 to 5139.46 of the Revised Code and is of programs or services that
provide case
management, treatment, or prevention services to any felony or misdemeanant
delinquent, unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, community
residential care, day treatment, services to children in their home, or
electronic monitoring.
(K) The purchase is made by a public children services agency pursuant to
section 307.92 or 5153.16 of the Revised Code and consists of social
FAMILY services,
programs, or ancillary services that provide case management, prevention, or
treatment services for children at risk of being or alleged to be abused,
neglected, or dependent children.
Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under division (I) of
this section may have the issuer's or prospective lessor's
contractor's name and address, or the name and address
of an agent, placed on a special
notification list to be kept by the contracting authority, by
sending the contracting authority such name and address. The
contracting authority shall send notice to all persons listed on
the special notification list. Notices shall state the deadline
and place for submitting proposals. The contracting authority
shall mail the notices at least six weeks prior to the deadline
set by the contracting authority for submitting proposals.
Every five years the contracting authority may review this list
and remove any person from the list after mailing the person
notification of such action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least every three years from the date of the signing of such a
contract.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to division (I) of
this section shall disclose any fees or compensation received from any
source in connection with that employment.
Sec. 307.981. (A)(1) As
used in sections 307.981 to 307.987 of the
Revised Code:
(1)(a) "County social service FAMILY SERVICES
agency" means all of the
following:
(a)(i) A child support enforcement agency;
(b)(ii) A county department of human JOB AND
FAMILY services;
(c)(iii) A public children services agency.
(2) "Private entity" means any entity other than a
government entity.
(3)(b) "Social service FAMILY SERVICES duty"
means a duty state law requires
or allows a county social service FAMILY SERVICES agency to
assume.
(2) AS USED IN SECTIONS 307.981 TO 307.989 of the Revised Code, "PRIVATE ENTITY"
MEANS AN ENTITY OTHER THAN A GOVERNMENT ENTITY.
(B) To the extent permitted by federal law, INCLUDING SUBPART
F OF 5 C.F.R. PART 900, and
except as provided
in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE REVISED
CODE, INCLUDING division (C)(H) of this section,
a board of
county commissioners may designate any private or government
entity WITHIN THIS STATE to serve as a ANY OF THE FOLLOWING:
(1) A child support enforcement agency,;
(2) A county
department of human JOB AND FAMILY services,;
(3) A public children services agency,
two;
(4) A COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES AND ONE OTHER of
those county social service FAMILY SERVICES
agencies, or all;
(5) ALL three of
those county social service FAMILY SERVICES agencies;
(6) A WORKFORCE DEVELOPMENT AGENCY;
(7) A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT OF JOB AND
FAMILY SERVICES;
(8) A WORKFORCE DEVELOPMENT AGENCY AND A COUNTY DEPARTMENT OF JOB AND
FAMILY SERVICES AND ONE OR TWO OF THE OTHER COUNTY FAMILY SERVICES AGENCIES.
A
(C) A board OF COUNTY COMMISSIONERS may change
its THE
designation IT MAKES UNDER DIVISION (B) OF THIS SECTION by
designating another private or government entity.
Not
(D) IF THE DIRECTOR OF JOB AND FAMILY SERVICES DETERMINES THAT A
DESIGNATION UNDER DIVISION (B) OR (C) OF THIS SECTION
CONSTITUTES
A SUBSTANTIAL CHANGE FROM WHAT IS IN THE CURRENT PARTNERSHIP AGREEMENT BETWEEN
THE DIRECTOR AND BOARD OF COUNTY COMMISSIONERS UNDER
SECTION 5101.21 OF THE REVISED CODE, THE DIRECTOR MAY
REQUIRE THAT THE DIRECTOR AND BOARD AMEND THE PARTNERSHIP AGREEMENT AND THAT
THE BOARD PROVIDE THE DIRECTOR ASSURANCES THAT THE
NEWLY DESIGNATED PRIVATE OR GOVERNMENT ENTITY WILL MEET OR EXCEED
ALL REQUIREMENTS OF THE FAMILY SERVICES DUTIES OR WORKFORCE
DEVELOPMENT ACTIVITIES THE ENTITY IS TO ASSUME.
(E) NOT
less than sixty days before a board OF COUNTY COMMISSIONERS designates
an entity
under DIVISION (B) OR (C) OF this section, the board
shall notify the state department DIRECTOR
of human JOB AND FAMILY services and publish notice in a
newspaper of general
circulation in the county of the board's intention to make the
designation and reasons for the designation.
(F) A board of county commissioners shall enter into a written
contract with each entity it designates under DIVISION (B) OR
(C) OF this section
specifying the entity's responsibilities and standards the
entity is required to meet.
(G) This section does not require a board of county
commissioners to abolish the child support enforcement agency,
county department of human JOB AND FAMILY services, or public
children services
agency serving the county on the effective date of this section
OCTOBER 1, 1997, and designate a different private or
government entity to serve
as the county's child support enforcement agency, county
department of human JOB AND FAMILY services, or public children
services
agency.
(C)(H) If a county children
services board appointed under section 5153.03 of the
Revised
Code serves as a public
children services agency for a county, the board of county
commissioners may not redesignate the public children services
agency unless the board of county commissioners does all of the
following:
(1) Notifies the county children services board of its
intent to redesignate the public children services agency. In its
notification, the board of county commissioners shall provide the county
children services board a written explanation of the administrative, fiscal,
or performance considerations causing the board of county commissioners to
seek to redesignate the public children services agency.
(2) Provides the county children services board an opportunity to
comment on the proposed redesignation before the redesignation
occurs;
(3) If the county children services board, not more than
sixty days after receiving the notice under division
(C)(H)(1) of this section,
notifies the board of county commissioners that the county
children services board has voted to oppose the redesignation,
votes unanimously to proceed with the redesignation.
Sec. 307.982. (A) To the extent permitted by federal law,
INCLUDING SUBPART F OF 5 C.F.R. PART
900, and
except as provided in SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE
REVISED CODE, INCLUDING division
(B) of this section, a board of
county commissioners may enter into a written contract with a
private or government entity, including a public or private college or
university whether or not the college or university is located within the
county, for the entity to perform a social
service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT
ACTIVITY on behalf of a county social service FAMILY
SERVICES
agency OR WORKFORCE DEVELOPMENT AGENCY. THE ENTITY WITH WHICH A BOARD
CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE COUNTY THE BOARD SERVES.
(B) A board of county
commissioners may not enter into a contract under division
(A) of this section regarding a
social service FAMILY SERVICES duty of a public children
services agency if a
county children services board appointed under section 5153.03
of the Revised
Code serves as the public
children services agency for the county. The county children
services board may enter into contracts regarding its duties in
accordance with division (C)(2)
of section 5153.16 of the Revised Code.
Sec. 307.983. Each board of county
commissioners shall enter into a written plan of cooperation with the
county social service FAMILY SERVICES agencies AND WORKFORCE
DEVELOPMENT AGENCY serving the county
to enhance the administration of the
Ohio works first program
established under Chapter 5107. of the Revised Code; the prevention,
retention, and
contingency program established under Chapter 5108. of the Revised Code; and
other
social service FAMILY SERVICES duties AND WORKFORCE
DEVELOPMENT ACTIVITIES the board and agencies
agree to include in the plan. Other government entities may be included in a
plan of cooperation. The plan shall specify
how the county social service FAMILY SERVICES agencies,
WORKFORCE DEVELOPMENT AGENCY, and other government entities
included
in the plan are to exchange information and coordinate and enhance services
and assistance to individuals and families.
Sec. 307.984. (A) TO ENHANCE THE ADMINISTRATION, DELIVERY, AND
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES, A BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO ONE
OR MORE REGIONAL PLANS OF COOPERATION WITH THE FOLLOWING:
(1) ONE OR MORE OTHER BOARDS OF COUNTY COMMISSIONERS;
(2) THE CHIEF ELECTED OFFICIAL OF ONE OR MORE MUNICIPAL
CORPORATIONS THAT ARE THE TYPE OF LOCAL AREA DEFINED IN DIVISION
(A)(1) OF SECTION 6301.01
OF THE REVISED CODE;
(3) BOTH BOARDS OF COUNTY COMMISSIONERS AND SUCH CHIEF ELECTED
OFFICIALS.
(B) A REGIONAL PLAN OF COOPERATION MUST SPECIFY HOW THE PRIVATE
AND GOVERNMENT ENTITIES INCLUDED IN THE PLAN WILL COORDINATE AND ENHANCE THE
ADMINISTRATION, DELIVERY, AND EFFECTIVENESS OF
FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT ACTIVITIES.
Sec. 307.984 307.985. Each board of county
commissioners shall develop a written transportation work plan that
establishes
policies regarding the transportation needs of low income residents of the
county seeking or striving to retain employment.
In developing the transportation work
plan, the board shall consult with all of the following:
(A) The county department of human JOB AND FAMILY
services;
(B) If a regional transit authority
created under section 306.32 of the Revised
Code serves the county, the regional transit
authority;
(C) If a community action agency, as
defined in section 122.66 of the Revised
Code, serves the county, the community action
agency;
(D) As designated by the board of
county commissioners, representatives of private non-profit and government
entities that work with issues related to economic development, employment,
and persons with physical disabilities;
(E) Other individuals designated by the
board of county commissioners.
Sec. 307.985 307.986. Each board of county commissioners
shall
establish procedures for providing services to children in the
county whose families relocate frequently, causing the children
to transfer to different schools throughout the year. The board
shall establish the procedures with the county department of
human JOB AND FAMILY services and either each board of education
of school
districts with territory in the county or the education service
center or joint educational service center serving the
county.
Sec. 307.986 307.987. To the extent
federal statutes and regulations and
state law permit, a partnership agreement
entered into under
section 307.98, a contract
entered into under section 307.981 or 307.982,
a plan of cooperation entered into under section 307.983, A REGIONAL PLAN
OF COOPERATION ENTERED INTO UNDER SECTION 307.984, a
transportation
work plan developed under section 307.984 307.985, and
procedures established under
section 307.985 307.986 of the Revised Code shall permit the
exchange of information needed to improve services and assistance to
individuals and families and the protection of children. A private or
government entity that receives information pursuant to an agreement,
contract, plan, or procedures is bound by the same standards of
confidentiality as the
entity that provides the information.
An agreement, contract, plan, or procedures
shall:
(A) Be coordinated and not conflict with another
agreement, contract, plan, or procedures or an agreement entered into under
section 329.05
of the Revised Code;
(B) Prohibit discrimination in hiring and promotion
against applicants for and participants of the
Ohio works first
program established under
Chapter 5107. of the Revised Code and the prevention, retention, and
contingency
program established under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and
state law;
(D) Be adopted by resolution of a board of county
commissioners;
(E) Specify how the agreement, contract, plan, or procedures may
be amended.
Sec. 307.987 307.988. If a board of county commissioners
contracts with a
religious organization under section 307.981 or 307.982 of the Revised Code,
the religious
organization shall comply with section 104 of the Personal
Responsibility and Work Opportunity and
Reconciliation Act of 1996 (P.L. 104-193).
Sec. 329.011. Whenever the county department of welfare
or, COUNTY DEPARTMENT OF HUMAN SERVICES, county
director of welfare, OR COUNTY DIRECTOR OF HUMAN SERVICES is
referred to or designated in THE REVISED CODE OR
any rule, contract, or other document, the reference or
designation shall be deemed to refer to the county department of
human JOB AND FAMILY services or county director of human
JOB AND FAMILY services, as the case
may be.
Sec. 329.04. (A) The county department of human JOB AND FAMILY
services shall
have, exercise, and perform the following powers and duties:
(1) Perform any duties assigned by
the STATE department of human JOB AND FAMILY services
regarding the provision of public social FAMILY
services, including the provision of the following services
to prevent or reduce economic or
personal dependency and to strengthen family life:
(a) Services authorized by Title IV-A of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as amended, and known in this state as the
Ohio works first program established by Chapter 5107. of the Revised
Code and the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the
"Social Security Act" and provided for by section 5101.46 of the Revised Code;
(c) If the county department is designated as the child support
enforcement agency, services authorized by Title IV-D of the "Social
Security
Act" and provided for by sections 2301.34 to 2301.44 of the
Revised Code. The county department
may perform the services itself or contract with other
government entities, and, pursuant to division
(C) of section 2301.35 and section 2301.42 of the Revised Code, private
entities, to perform the Title IV-D services.
(2) Administer disability assistance under Chapter 5115. of the
Revised Code as required by the state department of human JOB AND
FAMILY services;
(3) Administer burials insofar as the administration of burials was,
prior to September 12, 1947, imposed upon the board of county commissioners
and if otherwise required by state law;
(4) Cooperate with state and federal authorities in any matter
relating to human FAMILY services and to act as the agent of
such authorities;
(5) Submit an annual account of its
work and expenses to the board of county commissioners and to the
STATE department of human JOB AND FAMILY services at the
close of each fiscal year;
(6) Exercise any powers and duties
relating to human FAMILY services OR WORKFORCE DEVELOPMENT
ACTIVITIES imposed upon the county department of human JOB AND
FAMILY
services by law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet
emergencies during war or peace;
(7) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(8) If assigned by the STATE director of human JOB AND
FAMILY services under section 5101.515
of the Revised Code,
determine applicants' eligibility for health assistance under the
children's health insurance program part II;
(9) Enter into a plan of cooperation with the board of county
commissioners under section 307.983, consult with
the board in the development of the transportation work plan developed under
section 307.984 307.985, establish with the board procedures
under section 307.985 307.986 for
providing services to children whose families relocate frequently, and comply
with the partnership agreement the board enters into under section 307.98
and
contracts the board enters into under sections 307.981 and 307.982 of the
Revised Code that affect the county department;
(10) FOR THE PURPOSE OF COMPLYING WITH A PARTNERSHIP AGREEMENT THE BOARD
OF COUNTY COMMISSIONERS ENTERS INTO UNDER SECTION 307.98 of the Revised Code, EXERCISE THE
POWERS AND PERFORM THE DUTIES THE PARTNERSHIP AGREEMENT ASSIGNS TO THE COUNTY
DEPARTMENT;
(11) IF THE COUNTY DEPARTMENT IS DESIGNATED AS THE WORKFORCE DEVELOPMENT
AGENCY, PROVIDE THE WORKFORCE DEVELOPMENT ACTIVITIES SPECIFIED IN THE CONTRACT
REQUIRED BY SECTION 330.05 of the Revised Code.
(B) The powers and duties of a county department of human JOB AND
FAMILY services are, and
shall be exercised and performed, under the control and direction of the board
of county commissioners. The board may assign to the county department any
power or duty of the board regarding human FAMILY services
AND WORKFORCE DEVELOPMENT ACTIVITIES. If the new power or duty
necessitates the state department of human JOB AND FAMILY
services changing its federal cost
allocation plan, the county department may not implement the power or duty
unless the United States department of health and human services approves the
changes.
Sec. 329.05. The county department of human JOB AND FAMILY
services may
administer or assist in administering any state or local human
FAMILY services
activity in addition
to those mentioned in section 329.04 of
the Revised Code, supported wholly or in part by public funds
from any source provided by agreement between the board of county
commissioners and the officer, department, board, or agency in
which the administration of such activity is vested. Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of human JOB AND
FAMILY
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to the agreement, and filed in the office of the county auditor,
and when so filed, shall have the effect of transferring the
exercise of the powers and duties to which the agreement relates
and shall exempt the other party from all further responsibility
for the exercise of the powers and duties so transferred, during
the life of the agreement.
Such agreement shall be coordinated and not conflict with a
partnership agreement entered into under section 307.98, a contract
entered into under section 307.981 or 307.982, A plan of cooperation
entered
into under section 307.983, A REGIONAL PLAN OF COOPERATION ENTERED INTO
UNDER SECTION 307.984, a transportation work plan
developed under
section 307.984 307.985, or procedures for providing services
to children whose
families relocate frequently established under section 307.985
307.986 of the Revised
Code. It may be revoked at the option of either
party, by a resolution or order of the revoking party filed in
the office of the auditor. Such revocation shall become
effective at the end of the fiscal year occurring at least six
months following the filing of the resolution or order. In the
absence of such an express revocation so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of human JOB AND
FAMILY
services to manage or control county or district tuberculosis or
other hospitals, humane societies, detention homes, jails or
probation departments of courts, or veterans service commissions.
Sec. 329.06. (A) Except as provided in division
(C) of this section AND SECTION 6301.08 of the Revised Code, the board of county
commissioners shall
establish a county human FAMILY services planning committee.
The board shall appoint a member to represent the county
department of human JOB AND FAMILY services; an employee in the
classified civil service of
the county department of human JOB AND FAMILY services, if there
are any such employees; and
a member to represent the public. The board shall appoint other
individuals to the committee in such a manner that the
committee's membership is broadly representative of the groups
of individuals and the public and private entities that have an
interest in the social FAMILY services provided in the county.
The board shall make
appointments in a manner that reflects the ethnic and racial composition of
the county. The following groups and entities may be represented on the
committee:
(1) Consumers of social FAMILY services;
(2) The public children services agency;
(3) The child support enforcement agency;
(4) The county family and children first council;
(5) Public and private colleges and universities;
(6) Public entities that provide social FAMILY services,
including boards of health, boards of education, the county
board of mental retardation and developmental disabilities, and
the board of alcohol, drug addiction, and mental health services
that serves the county;
(7) Private nonprofit and for-profit entities that
provide social FAMILY services in the county or that advocate
for
consumers of social FAMILY services in the county, including
entities that provide
services to or advocate for victims of domestic violence;
(8) Labor organizations;
(9) Any other group or entity that has an interest in the
social FAMILY services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors.
(B) The county human FAMILY
services planning committee shall do all of the
following:
(1) Serve as an advisory body to the board of county
commissioners with regard to the social FAMILY services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
day-care under Chapter 5104. of
the Revised
Code, and social services
provided under section 5101.46 of the
Revised
Code;
(2) At least once a year, review and analyze the county department
of human JOB AND FAMILY services' implementation of the programs
established under
Chapters 5107. and 5108. of the Revised Code. In
its
review, the committee shall use information available to it to examine
all of the following:
(a) Return of assistance groups to participation in
either program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants;
(c) The other types of assistance the programs' participants
receive, including medical assistance under Chapter 5111. of the
Revised Code, publicly funded
child day-care under Chapter 5104. of the Revised
Code, food stamp
benefits under section 5101.54 of the Revised Code, and
energy
assistance under Chapter 5117. of the Revised
Code;
(d) Other issues the committee considers appropriate.
The committee shall make recommendations to the board of county
commissioners and county department of human JOB AND FAMILY
services regarding the
committee's findings.
(3) Provide comments and recommendations to the board
prior to the board's entering into or substantially amending a partnership
agreement
with
the director of human JOB AND FAMILY services under section
307.98 of the
Revised Code;
(4) Conduct public hearings
on proposed county profiles for the provision of social services
under section 5101.46 of the
Revised
Code;
(5) At the request of the board, make recommendations and
provide assistance regarding the social FAMILY services provided
in the
county;
(6) At any other time the committee considers
appropriate, consult with the board and make recommendations
regarding the social FAMILY services provided in the county.
The
committee's recommendations may address the following:
(a) Implementation and administration
of social FAMILY service programs;
(b) Use of federal, state, and local
funds available for social FAMILY service programs;
(c) Establishment of goals to be
achieved by social FAMILY service programs;
(d) Evaluation of the outcomes of
social FAMILY service programs;
(e) Any other matter the board
considers relevant to the provision of social FAMILY services.
(C) If there is a
committee in existence in a county on October 1, 1997,
that the board of
county commissioners determines is
capable of fulfilling the responsibilities of a county human
FAMILY
services planning committee, the board may designate the
committee as the county's human FAMILY services planning
committee and
the committee shall serve in that capacity.
Sec. 329.061. WHEREVER A COUNTY HUMAN SERVICES PLANNING COMMITTEE
IS REFERRED TO OR DESIGNATED IN THE REVISED CODE OR ANY RULE,
CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR DESIGNATION SHALL BE DEEMED
TO REFER TO A COUNTY FAMILY SERVICES PLANNING COMMITTEE.
Sec. 330.01. AS USED IN THIS CHAPTER:
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT
ENTITY.
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING AS IN
SECTION 6301.01 OF THE REVISED CODE.
Sec. 330.02. A COUNTY THAT IS ELIGIBLE
TO BE DESIGNATED AS A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE
"WORKFORCE INVESTMENT
ACT OF 1998," 112
STAT. 936, 29
U.S.C.A. 2801, AS AMENDED, BUT DOES NOT
REQUEST SUCH DESIGNATION, MAY ADMINISTER AND ENFORCE WORKFORCE
DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH CHAPTER 6301. OF
THE REVISED CODE. A COUNTY THAT ELECTS TO ADMINISTER AND
ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES UNDER CHAPTER 6301. OF THE
REVISED CODE SHALL NOT OPERATE AS
A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE WORKFORCE
INVESTMENT ACT.
Sec. 330.04. IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE
REVISED CODE, A COUNTY IS THE TYPE OF LOCAL AREA DEFINED
IN DIVISION (A)(2) OF SECTION 6301.01 OF THE REVISED
CODE, THE BOARD OF COUNTY COMMISSIONERS SERVING THE COUNTY SHALL
ADOPT A RESOLUTION ESTABLISHING OR DESIGNATING A WORKFORCE DEVELOPMENT AGENCY
TO PROVIDE WORKFORCE DEVELOPMENT
ACTIVITIES FOR THE COUNTY. THE BOARD SHALL ADOPT THE RESOLUTION NOT
LATER THAN JULY 1, 2000.
THE BOARD MAY ESTABLISH OR DESIGNATE ANY OF THE FOLLOWING AS THE
WORKFORCE DEVELOPMENT AGENCY:
(A) THE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES;
(B) A SEPARATE AGENCY UNDER THE DIRECT CONTROL OF THE BOARD AND
ADMINISTERED BY AN OFFICIAL APPOINTED BY THE BOARD;
(C) AN ENTITY SERVING THE COUNTY ON THE EFFECTIVE DATE OF THIS
SECTION IN A CAPACITY SIMILAR TO THE CAPACITY IN WHICH A WORKFORCE DEVELOPMENT
AGENCY IS TO SERVE THE COUNTY ON AND AFTER THE
EFFECTIVE DATE OF THIS SECTION;
(D) AN ENTITY LOCATED IN OR OUTSIDE THE COUNTY THAT PROVIDES
WORKFORCE DEVELOPMENT ACTIVITIES IN THE COUNTY ON THE EFFECTIVE DATE OF
THIS SECTION;
(E) ANY PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER SECTION
307.981 OF THE REVISED CODE.
Sec. 330.05. A BOARD OF COUNTY COMMISSIONERS THAT HAS DESIGNATED
OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE COUNTY UNDER
SECTION 330.04 OF THE REVISED CODE SHALL ENTER INTO A
CONTRACT WITH THE AGENCY. THE CONTRACT SHALL SPECIFY THE WORKFORCE
DEVELOPMENT ACTIVITIES THE AGENCY IS TO PROVIDE AND ESTABLISH STANDARDS,
INCLUDING PERFORMANCE
STANDARDS, FOR THE AGENCY'S OPERATION. THE CONTRACT ALSO SHALL
INCLUDE ANY OTHER PROVISIONS THE BOARD CONSIDERS NECESSARY.
Sec. 330.07. A BOARD OF COUNTY COMMISSIONERS THAT HAS DESIGNATED
OR ESTABLISHED A WORKFORCE DEVELOPMENT AGENCY FOR THE COUNTY UNDER
SECTION 330.04 OF THE REVISED CODE MAY CONTRACT WITH ANY
GOVERNMENT OR PRIVATE ENTITY TO ENHANCE THE AGENCY'S ADMINISTRATION OR THE
WORKFORCE DEVELOPMENT ACTIVITIES THE AGENCY PROVIDES. THE ENTITY WITH WHICH
THE BOARD CONTRACTS IS NOT REQUIRED TO BE LOCATED IN THE COUNTY THE
BOARD SERVES.
Sec. 763.01. AS USED IN THIS CHAPTER:
(A) "PRIVATE ENTITY" MEANS AN ENTITY OTHER THAN A GOVERNMENT
ENTITY.
(B) "WORKFORCE DEVELOPMENT ACTIVITY" HAS THE SAME MEANING AS IN
SECTION 6301.01 OF THE REVISED CODE.
(C) "WORKFORCE INVESTMENT
ACT" MEANS THE "WORKFORCE
INVESTMENT
ACT OF 1998," 112
STAT. 936, 29
U.S.C.A.
2801, AS AMENDED.
Sec. 763.02. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL
CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY DESIGNATION AS A
LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO SECTION 116(a)(2)
OR (3) OF THE WORKFORCE
INVESTMENT ACT, 29
U.S.C.A.
2831(a)(2) OR (3), BUT DOES NOT REQUEST THAT THE GOVERNOR
GRANT
THE AUTOMATIC OR TEMPORARY DESIGNATION MAY ADMINISTER AND ENFORCE WORKFORCE
DEVELOPMENT ACTIVITIES IN ACCORDANCE WITH CHAPTER 6301. OF THE
REVISED CODE. A MUNICIPAL
CORPORATION THAT ELECTS TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT
ACTIVITIES IN ACCORDANCE
WITH CHAPTER 6301. OF THE REVISED CODE SHALL NOT
OPERATE AS A
LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE WORKFORCE
INVESTMENT ACT.
Sec. 763.05. TO THE EXTENT PERMITTED BY FEDERAL LAW, INCLUDING
SUBPART F OF 5
C.F.R.
PART 900, AND THE REVISED CODE, THE CHIEF ELECTED
OFFICIAL OF A MUNICIPAL CORPORATION THAT, FOR THE PURPOSE OF
CHAPTER 6301. OF THE REVISED
CODE, IS THE TYPE OF LOCAL AREA DEFINED
IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED
CODE
MAY ENTER INTO A WRITTEN CONTRACT WITH A PRIVATE OR GOVERNMENT ENTITY,
INCLUDING A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, FOR THE ENTITY TO ACT AS
THE MUNICIPAL CORPORATION'S WORKFORCE DEVELOPMENT AGENCY. THE ENTITY
WITH WHICH THE CHIEF ELECTED OFFICIAL CONTRACTS IS NOT REQUIRED TO
BE LOCATED IN THE MUNICIPAL CORPORATION.
Sec. 763.07. TO ENHANCE THE ADMINISTRATION, DELIVERY, AND
EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT
ACTIVITIES, THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION THAT,
FOR THE PURPOSE OF CHAPTER 6301. OF THE REVISED
CODE, IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(1)
OF SECTION 6301.01 OF THE REVISED CODE MAY ENTER INTO A
REGIONAL PLAN OF COOPERATION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS
PURSUANT TO SECTION 307.984 OF
THE REVISED CODE. A REGIONAL PLAN OF COOPERATION MUST
SPECIFY HOW THE PRIVATE AND GOVERNMENT ENTITIES SUBJECT TO THE PLAN WILL COORDINATE AND ENHANCE THE ADMINISTRATION, DELIVERY,
AND EFFECTIVENESS OF FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT
ACTIVITIES.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means the division of the court of
common pleas or a juvenile court separately and independently
created having jurisdiction under this chapter.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as defined in section 5103.02 of the Revised Code, that is
certified pursuant to sections SECTION 5103.03 to 5103.05
of the Revised Code
to accept temporary, permanent, or legal custody of children
and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of human JOB AND FAMILY services that does not accept temporary
or permanent
legal custody of children, that is privately operated in this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in family
foster homes;
(c) Provides adoption services in conjunction with a
public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs.
(2) "Adult" means an individual who is eighteen years of age or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that transfers the temporary custody of a child to a
public children services agency or a private child placing
agency.
(4) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(5) "Certified family foster home" means a family foster home
operated by persons holding a certificate in force, issued under
section 5103.03 of the Revised Code.
(6)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(6)(b) to (f) of this
section.
(b) Subject to division (B)(6)(c) of
this section, any person who violates a federal or state law or
municipal ordinance prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the complaint is filed
or the hearing on the complaint is held.
(c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult and who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in relation to
that act.
(d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case.
(e) Subject to division (B)(6)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(6)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(6)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court.
(f) Notwithstanding division (B)(6)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult:
(i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult;
(ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(6)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family day-care home," "certified
type B family day-care home," "type B home," "administrator
of a
child day-care center," "administrator of a type A family
day-care home," "in-home aide," and "authorized provider" have
the same meanings as in section 5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is
a child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care home, or an in-home aide or an individual who is
licensed, is regulated, is approved, operates under the direction
of, or otherwise is certified by the department of human JOB AND
FAMILY
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of education.
(9) "Commit" means to vest custody as ordered by the
court.
(10) "Counseling" includes both of the following:
(a) General counseling services performed
by a public children services agency or shelter
for victims of domestic violence to assist a child, a child's
parents, and a child's siblings in alleviating identified problems
that may
cause or have caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling services
provided to correct or alleviate any mental or
emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of the Revised Code
to engage in social work or professional counseling.
(11) "Custodian" means a person who has legal custody of a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court order, in a
public or private facility designed to physically restrict the movement and
activities of children.
(13) "Developmental disability" has the same meaning as
in
section 5123.01 of the Revised Code.
(14) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(15) "Foster home" means a family home in which any child
is received apart from the child's parents for care, supervision,
or
training.
(16) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(17) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(18) "Mental illness" and "mentally ill person subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(19) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(20) "Mentally retarded person" has the same meaning as
in
section 5123.01 of the Revised Code.
(21) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(22) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in foster homes or elsewhere.
(23) "Out-of-home care" means detention facilities,
shelter facilities, foster homes, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(24) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(25) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the drug all unfavorable or dangerous side effects from the use
of the drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there
is substantial risk that the isolation, if continued, will impair
or retard the mental health or physical well-being of the child.
(26) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children
services agency or a private child placing agency without the termination of
parental rights.
(b) The order permits the agency to make an appropriate placement
of
the child and to enter into a written
agreement with a foster care provider or with another person or agency with
whom the child is placed.
(28) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency.
(29) "Person responsible for a child's care in out-of-home
care" means any of the following:
(a) Any foster parent, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp; day camp; hospital; or medical clinic;
(c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(30) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic fever or any other similar chronic or acute health
problem, or amputation or another similar cause.
(31) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(32) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(33) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01
of the Revised Code.
(34) "Probation" means a legal status created by court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation.
(35) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, unruly, or delinquent child or a juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child.
(36) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(37) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(38) "Residential camp" means a program in which the care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes.
(39) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(40) "Residential facility" means a home or facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides.
(41) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(42) "Secure correctional facility" means a facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(44) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(45) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code.
(46) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be presumed
abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the
parents resume contact with the child after that period of
ninety days.
Sec. 2301.357. (A) Each child support enforcement agency
shall adopt a paternity compliance plan, establish a paternity
compliance unit, and submit the adopted plan to the division of
support of the department of human JOB AND FAMILY services in
accordance with
the rules adopted pursuant to section 5101.324 of the Revised
Code, except that, if a child support enforcement agency
submitted a corrective action plan to the department pursuant to division
(B)(C)(1) of
section 5101.24 of the Revised Code and if that plan is currently
in effect, the agency is not required to comply with this
division.
(B) The department of human JOB AND FAMILY services shall enter
into a
contract with local
hospitals for the provision of staff by the hospitals to meet
with unmarried women who give birth in or en route to the
particular hospital. The contract between the department of
human JOB AND FAMILY services and a local hospital shall require
all of the
following:
(1) That the hospital provide a staff person to
meet with each unmarried
mother who gave birth in or en route to the hospital within
twenty-four hours of the birth or before the mother is released
from the hospital;
(2) That the staff person attempt to meet with the father
of the unmarried mother's child if possible;
(3) That the staff person explain to the unmarried mother
and the father, if he is present, the benefit to the child of
establishing a parent and child relationship between the father
and the child and the various proper procedures for establishing
a parent and child relationship;
(4) That the staff person present to the unmarried mother
and, if possible, the father the pamphlet or statement
regarding
the rights and responsibilities of a natural parent that is
prepared and provided by the department of human JOB AND FAMILY
services pursuant to
section 5101.324 of the Revised Code;
(5) That the staff person provide the mother and, if
possible, the father, all forms and statements
necessary to voluntarily establish a parent and child
relationship, including, but not limited to, the acknowledgment
of paternity affidavit prepared by the department of human JOB AND
FAMILY services
pursuant to section 5101.324 of the Revised Code and required by section
5101.314 of the Revised Code;
(6) That the staff person, at the request of both the
mother and father, help the mother and father complete any form
or statement necessary to establish a parent and child
relationship;
(7) That the hospital provide a notary public to notarize an
acknowledgment of paternity affidavit signed by the mother and
father;
(8) That the staff person present to an unmarried mother
who is not participating in the Ohio works first program established under
Chapter 5107. or receiving medical assistance under Chapter 5111. of the
Revised Code
an application for Title IV-D services;
(9) That the staff person forward any completed
acknowledgment of paternity, no later than ten days after it is
completed, to the division of child support in the department of
human JOB AND FAMILY services;
(10) That the department of human JOB AND FAMILY services pay
the hospital twenty dollars
for every correctly signed and notarized acknowledgment of paternity affidavit
from the hospital.
On or before April 1,
1998, each hospital shall enter into a contract with the
department of human JOB AND FAMILY services pursuant to this
section regarding
the duties imposed by this section and section 3727.17 of the
Revised Code concerning paternity
establishment. A hospital that fails to enter into a contract
shall not receive the fee from the department for correctly
signed and notarized affidavits submitted by the
hospital.
(C) Not later than
July 1, 1998, and the first day
of each July thereafter, the
department of human JOB AND FAMILY services shall complete a
report on the
hospitals that have not entered into contracts described in this
section. The department shall submit the report to the
chairperson and ranking minority member of the committees of the
house of representatives and senate with primary responsibility for issues
concerning paternity establishment.
(D) If the hospital knows or determines that a man is
presumed under section 3111.03 of the Revised Code
to be the father of the child described in this section, the
hospital shall take no further action with regard to an
acknowledgment and shall not send an acknowledgment to the
division.
Sec. 2705.02. A person guilty of any of the following acts may be punished as
for a contempt:
(A) Disobedience of, or resistance to, a lawful writ, process, order, rule,
judgment, or command of a court or officer;
(B) Misbehavior of an officer of the court in the performance of
official
duties, or in official transactions;
(C) A failure to obey a subpoena duly served, or a refusal to be sworn or to
answer as a witness, when lawfully required;
(D) The rescue, or attempted rescue, of a person or of property in the
custody of an officer by virtue of an order or process of court held by
the officer;
(E) A failure upon the part of a person recognized to appear as a witness in
a court to appear in compliance with the terms of the
person's recognizance;
(F) A failure to comply with an order issued pursuant to section
3111.20, 3111.211, or 3111.22 of the Revised Code or a
withholding or deduction notice issued
under section 3111.23 of the Revised Code;
(G) A failure to obey a subpoena issued by the department of
human JOB AND FAMILY services or a child support enforcement
agency pursuant to section
5101.37 of the Revised Code;
(H) A willful failure to submit to genetic
testing, or a willful failure to submit a child to genetic
testing, as required by an order for genetic testing issued
under section 3111.22 of the
Revised Code.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of human JOB AND FAMILY services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.06 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who is not currently enrolled in kindergarten.
(8) "Child," unless otherwise indicated, includes
handicapped preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency.
(d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district, or of an
educational service center, may be admitted
to the schools of the district where the child's parent is
employed, or in the case of a child whose parent is employed by an
educational service center, in the district that serves the location where
the parent's job is primarily located,
provided the district board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division;
(b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code.
Sec. 4112.12. (A) There is hereby created the commission
on African-American males, which shall consist of not more than
forty-one members as follows: the directors or their designees
of the departments of health, development, alcohol and drug
addiction services, human JOB AND FAMILY services,
rehabilitation and
correction, mental health, and youth services; the administrator
or the administrator's designee of the bureau of employment
services; the
adjutant general or the adjutant general's designee; the
equal employment opportunity officer of the department of administrative
services
or the equal employment opportunity officer's designee; the
executive director or the executive director's designee of
the Ohio civil rights commission; the director or the
director's
designee of the
office of criminal justice services; the superintendent of public
instruction; the chancellor or the chancellor's designee of
the Ohio board of
regents; two members of the house of representatives appointed by
the speaker of the house of representatives; three members of the
senate appointed by the president of the senate; and not more
than twenty-two TWENTY-THREE members appointed by the governor.
The members
appointed by the governor shall include AN ADDITIONAL MEMBER OF THE
GOVERNOR'S CABINET AND at least one
representative of each of the following: the national
association for the advancement of colored people; the urban
league; an organization representing black elected officials; an
organization representing black attorneys; the black religious
community; the black business community; the nonminority business
community; and organized labor; at least one black medical
doctor, one black elected member of a school board, and one black
educator; and at least two representatives of local private
industry councils. The remaining members that may be appointed
by the governor shall be selected from elected officials, civic
and community leaders, and representatives of the employment,
criminal justice, education, and health communities.
(B) Terms of office shall be for three years,
with
each term ending on the same day of the same month as did the
term that it succeeds. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall
be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the
expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The commission annually shall elect a
chairperson from among its members.
(C) Members of the commission and members of subcommittees
appointed under division (B) of section 4112.13 of the Revised
Code shall not be compensated, but shall be reimbursed for their
necessary and actual expenses incurred in the performance of
their official duties.
(D)(1) The Ohio civil rights commission shall
serve as the commission on African-American males'
fiscal
agent and shall perform all of the following services:
(a) Prepare and process payroll and other personnel documents
that the commission on African-American males approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation with
the commission on African-American males;
(c) Perform other routine support services that the
executive
director of the Ohio civil rights commission or the executive
director's designee and the Commission on African-American males
or its designee consider appropriate to achieve efficiency.
(2) The Ohio civil rights commission shall not approve any
payroll or other personnel-related documents or any biennial
budget, grant, expenditure, audit, or fiscal-related document
without the advice and consent of the commission on
African-American
males.
(3) The Ohio civil rights commission shall determine fees to be
charged to the commission on African-American males for
services performed under this division, which shall be in proportion to the
services performed for the commission on African-American
males.
(4) The commission on African-American males or its
designee
has:
(a) Sole authority to draw funds for any federal
program in
which the commission is authorized to participate;
(b) Sole authority to expend funds from accounts for programs
and any other necessary expenses the commission on
African-American
males may incur;
(c) The duty to cooperate with the Ohio civil rights commission
to ensure that the Ohio civil rights commission is fully apprised
of all financial transactions.
(E) The commission on African-American males shall appoint an
executive director, who shall be in the unclassified civil
service. The executive director shall supervise the commission's
activities and report to the commission on the progress of those
activities. The executive director shall do all things necessary
for the efficient and effective implementation of the duties of
the commission.
The responsibilities assigned to the executive director do not
relieve the members of the commission from final responsibility for the
proper performance of the requirements of this division.
(F) The commission on African-American males
shall:
(1) Employ, promote, supervise, and remove all employees, as
needed, in connection with the performance of its duties under this
section;
(2) Maintain its office in Columbus;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under its
control, and to discharge any duty imposed upon it by law. The expense of
these acquisitions shall be audited and paid for in the same
manner as other state expenses.
(4) Prepare and submit to the office of budget and management a
budget for each biennium in accordance with sections 101.55 and 107.03 of the Revised Code.
The budget submitted shall cover the costs of
the commission and its staff in the discharge of any duty imposed upon the
commission by law. The commission shall pay its own
payroll and other operating expenses from appropriation items
designated by the general assembly. The commission shall not
delegate any authority to obligate funds.
(5) Establish the overall policy and management of the
commission in accordance with this chapter;
(6) Follow all state procurement requirements;
(7) Pay fees owed to the Ohio civil rights commission under
division (D) of this section from the commission on
African-American males' general revenue fund or from any
other fund from which the operating
expenses of the commission on African-American males are
paid.
Any amounts set aside for a fiscal year for the payment of such fees shall be
used only for the services performed for the
commission on African-American males by the Ohio
civil rights commission in that fiscal year.
(G) The commission on African-American males
may:
(1) Hold sessions at any place within the state;
(2) Establish, change, or abolish positions, and assign and
reassign duties and responsibilities of any employee of the commission
on African-American males as necessary to achieve the most
efficient performance of its functions.
Sec. 4141.04. The Ohio state employment service is hereby
established as a division of the bureau of employment DIRECTOR OF JOB
AND FAMILY services
and shall establish and maintain free OR ENSURE THE
EXISTENCE OF public employment offices
THAT ARE FREE TO THE GENERAL PUBLIC. THESE OFFICES SHALL EXIST in such
number and in such places as are necessary for the proper
administration of sections 4141.01 to 4141.46 of the Revised
Code THIS CHAPTER, to perform such duties as are within the purview
of the act
of congress entitled "an act to provide for the establishment of
a national employment system and for cooperation with the states
in the promotion of such system, and for other purposes,"
approved June 6, 1933, as amended, WHICH IS KNOWN AS THE
"WAGNER-PEYSER ACT." The division
shall be
administered by a full-time salaried director, who shall
cooperate with any official or agency of the United States having
powers or duties under said THAT act of congress and shall do
and
perform all things necessary to secure to this state the benefits
of said THAT act of congress in the promotion and maintenance of
a
system of public employment offices. Said THAT act of congress
is
hereby accepted by this state, in conformity with sections
4141.23 to 4141.26 of the Revised Code THAT ACT OF CONGRESS AND
TITLE III OF THE "SOCIAL SECURITY
ACT," AND THE "FEDERAL UNEMPLOYMENT TAX
ACT," 26 U.S.C.A. 3301, AS AMENDED, and this state will
observe and comply with the requirements thereof. The Ohio state
employment service DEPARTMENT OF JOB AND FAMILY SERVICES is hereby
designated and constituted the
agency of this state for the purposes of said THAT act OF
CONGRESS.
The administrator of the bureau of employment services DIRECTOR
may
cooperate with or enter into agreements with the railroad
retirement board with respect to the establishment, maintenance,
and use of free employment service facilities THAT ARE FREE TO THE
GENERAL PUBLIC. The administrator
shall appoint the director, other officers, and employees of the
Ohio state employment service. Such appointment shall be made in
accordance with regulations prescribed by the director of the
United States employment service.
All moneys received by this state under said THE act of
congress KNOWN AS THE WAGNER-PEYSER ACT
shall be
paid into the special employment service
account in the unemployment compensation administration fund, and
said THOSE moneys are hereby made available to the Ohio state
employment service DIRECTOR to be expended as provided by this
section and
by said THAT act of congress. For the purpose of establishing
and
maintaining free public employment offices THAT ARE FREE TO THE
GENERAL PUBLIC, the division DIRECTOR may
enter into agreements with the railroad retirement board or any
other agency of the United States charged with the administration
of an unemployment compensation law, with any political
subdivision of this state, or with any private, nonprofit
organization and as a part of any such agreement the
administrator DIRECTOR may accept moneys, services, or quarters
as a
contribution to the employment service account.
THE DIRECTOR SHALL MAINTAIN LABOR MARKET INFORMATION AND EMPLOYMENT
STATISTICS AS NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER.
The administrator of the bureau of employment services DIRECTOR
shall appoint an individual from the employment service division
EMPLOYEE OF THE DEPARTMENT
to serve as an ex officio member of the governor's council to
maintain a liaison between the bureau of employment services
DEPARTMENT and
the governor's council on people with disabilities.
Sec. 4141.042. (A) There is created within the bureau of
employment services a women's division, whose THE director OF
JOB AND FAMILY SERVICES shall be
appointed by the administrator.
(B) The women's division shall TAKE AFFIRMATIVE STEPS TO
promote programs to improve
the employment competencies AND UPWARD MOBILITY of women and to
enhance their
employment opportunities, giving. THE DIRECTOR SHALL PLACE
particular attention to EMPHASIS ON
education, child care, labor conditions, equality of entrance
requirements, and eligibility for promotion. In pursuance
thereof, the division DIRECTOR shall:
(1)(A) Serve as a clearinghouse for information;
(2)(B) Assist state and local government agencies
WORKFORCE DEVELOPMENT PROVIDERS in
improving the employment competencies of and opportunities for
women.
(C) The division also may:
(1) Conduct studies and research on subjects related to
its functions and responsibilities;
(2)(C) Evaluate and make recommendations to the
administrator DIRECTOR
regarding legislation affecting the employment competencies of
and opportunities for women.
Sec. 4141.046. No compensation or fee, either directly or indirectly, shall
be charged or received from any person seeking employment or any person
desiring to employ labor through a free public employment office
DESCRIBED IN SECTION 4141.04 OF THE REVISED CODE. No
officer
or employee of the Ohio state employment service PERSON shall
violate this section.
Sec. 4141.06. There is hereby created an unemployment
compensation review commission consisting of three full-time
members appointed by the governor, with the advice and consent of
the senate. Terms of office shall be staggered and shall be for six
years, commencing
on the twenty-eighth day of February and ending on the
twenty-seventh day of February. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the remainder of
such term. Any member shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The
chairperson of the commission and each member shall be paid a salary fixed
pursuant to section 124.14 of the Revised Code. The governor,
at any time, may remove any member for inefficiency, neglect of duty,
malfeasance, misfeasance, or nonfeasance in office.
Not more than one of the appointees to the commission shall be a
person who, on account of the appointee's previous vocation,
employment, or affiliations, can be classed as a representative of employers,
and not more than one of the appointees shall be a person who, on
account of the appointee's previous vocation, employment, or
affiliations, can be classed as a representative of employees. Not more than
two of the members of the commission shall belong to the same
political party. No member of the commission shall hold any position
of trust or profit or engage in any occupation or business interfering or
inconsistent with the member's duties as a member and no
member shall serve on any committee of any political party.
The commission shall elect a chairperson and a vice-chairperson. The
vice-chairperson shall exercise the powers of the chairperson in the
chairperson's absence.
No commission member shall participate in the disposition
of any appeal in which the member has an interest in the
controversy. Challenges to the interest of any commission
member may be made by
any interested party defined in division (I) of section 4141.01 of
the Revised Code and shall be in writing. All challenges shall
be decided by the chairperson of the advisory council,
who, if the challenge is found to be well taken, shall advise the
governor, who shall appoint a member of the advisory council representing the
same affiliations to act and receive the same compensation for serving in place
of such member.
The commission may appoint a secretary to hold office at
its
pleasure. The secretary shall have such powers and shall perform
such duties as the commission prescribes and shall keep a record of the
proceedings of the commission and of its determinations. The secretary
shall receive a salary
fixed pursuant to section 124.14 of the Revised Code. Notwithstanding
division (A)(8) of section 124.11 of the
Revised Code, each member of
the commission may appoint a private secretary who shall be in
the classified service of the state and hold office at the
pleasure of such member.
Two members of the commission constitute a quorum and no action
of the commission is valid unless it has the concurrence of at least
two members. A vacancy on the commission does not impair the right of
a quorum to exercise all the rights and perform all the duties of the
commission.
Hearings before the commission are held at the hearing officer level and the
review level. Unless otherwise provided in this chapter, initial hearings
involving claims for compensation and other unemployment compensation issues
are conducted at the hearing officer level by hearing officers appointed by
the
commission. Hearings at the review level are conducted by hearing officers
appointed by the commission, by members of the commission acting either
individually or collectively, and by members of the commission and hearing
officers acting jointly. In all hearings conducted at the review level, the
commission shall designate the hearing officer or officers who are to conduct
the hearing. When the term "hearing officer" is used in reference to hearings
conducted at the review level, the term includes members of the commission.
All decisions issued at the review level are issued by the commission.
The commission and its hearing officers shall hear appeals arising from
determinations of the administrator DIRECTOR of the bureau of
employment JOB AND FAMILY services
involving claims for
compensation and other unemployment compensation issues. The
commission shall adopt, amend, or rescind rules of
procedure, and undertake such investigations, and take such action
required for the hearing and disposition of appeals as it deems
necessary and consistent with sections 4141.01 to 4141.46 of the
Revised Code THIS CHAPTER. The rules adopted by the commission
shall be effective to the extent that
the rules are consistent with such
sections THIS CHAPTER.
The commission, subject to Chapter 124. of the Revised Code, and
with the approval of the governor, shall appoint such
hearing officers as are
necessary. The hearing officers shall be classified by
the department of
administrative services. Any promotions
or increases in compensation of the
hearing officers may be recommended by
the commission subject to classifications which are made
by the department OF ADMINISTRATIVE SERVICES. The members of the
commission and hearing
officers may conduct hearings for unemployment
compensation appeals coming before the commission. The members and hearing
officers may exercise all powers provided by section 4141.17 of the
Revised
Code.
The commission, subject to Chapter 124. of the Revised
Code, may employ such support personnel as are
needed
to carry out the duties of the
commission. The salaries of such employees are
fixed
pursuant to section 124.14 of the Revised Code. The commission shall
further provide itself and its employees with such offices, equipment,
and supplies as are necessary, using those already provided for
the central office of the bureau or its branch offices DEPARTMENT OF
JOB AND FAMILY SERVICES wherever
possible.
The commission shall have access to all ONLY the records of the
bureau DEPARTMENT of employment JOB AND FAMILY
services THAT ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER AND
needed in the performance of its
official duties. The commission shall have the right to
request of the administrator DIRECTOR necessary information from
any division WORK UNIT
of the bureau DEPARTMENT having that information.
The commission shall prepare and submit to the administrator
DIRECTOR an
annual budget financing the costs necessary to administer its
duties under this chapter. The fund request shall relate to, but
not be limited to, the United States department of labor's
allocations for the commission's functions. The administrator
DIRECTOR shall
approve the commission's request unless funds are insufficient to
finance the request. The administrator DIRECTOR shall notify
the commission of
the amount of funds available for its operation, as soon as
possible, but not later than thirty days after receiving the
allocation from the United States department of labor.
In the event that the administrator DIRECTOR determines that
sufficient funds are not available to approve the request as
submitted and a revised budget is not agreed to within thirty
days of the administrator's DIRECTOR'S notification to the
commission, the
director of budget and management shall review and determine the
funding levels for the commission and notify the commission and the
administrator DIRECTOR of its THE determination
BY THE DIRECTOR OF BUDGET AND MANAGEMENT.
Sec. 4141.08. (A) There is hereby created an unemployment
compensation advisory council appointed as follows:
(1) Three members who on account of their vocation,
employment, or affiliations can be classed as representative of
employers and three members who on account of their vocation,
employment, or affiliation can be classed as representatives of
employees appointed by the governor with the advice and consent
of the senate. All appointees shall be persons whose training
and experience qualify them to deal with the difficult problems
of unemployment compensation, particularly with respect to the
legal, accounting, actuarial, economic, and social aspects of
unemployment compensation;
(2) The chairpersons of the standing committees of the senate
and the house of representatives to which legislation pertaining
to Chapter 4141. of the Revised Code is customarily referred;
(3) Two members of the senate appointed by the president
of the senate; and
(4) Two members of the house of representatives
appointed by the speaker of the house of representatives.
The speaker and the president shall arrange that of the six
legislative members appointed to the council, not more than
three are members of the same political party.
(B) Members appointed by the governor shall serve for a
term of four years, each term ending on the same day as the date
of their original appointment. Legislative members shall serve
during the session of the general assembly to which they are
elected and for as long as they are members of the general
assembly. Vacancies shall be filled in the same manner as the
original appointment but only for the unexpired part of a term.
(C) Members of the council shall serve without salary
but, notwithstanding section 101.26 of the Revised Code, shall be
paid fifty dollars per day each and their actual and necessary
expenses while engaged in the performance of their duties as
members of the council which shall be paid from funds
allocated to pay the expenses of the council pursuant to
this
section.
(D) The council shall organize itself and select a
chairperson or co-chairpersons and other
officers and committees as it
considers necessary. Seven members constitute a quorum and the
council may act only upon the affirmative vote of seven
members. The council shall meet at least once each calendar
quarter but it may meet more often as the council considers
necessary or at the request of the chairperson.
(E) The council may employ professional and clerical
assistance as it considers necessary and may request of the
administrator DIRECTOR of the bureau of employment JOB
AND FAMILY services assistance as
it considers necessary. The administrator DIRECTOR shall
furnish the
council with office and meeting space as requested by the
council.
(F) The administrator DIRECTOR shall pay the operating expenses
of
the council as determined by the council from moneys in the
unemployment compensation special administrative fund established
in section 4141.11 of the Revised Code.
(G) The council shall have access to ONLY the records of the
bureau DEPARTMENT of employment JOB AND FAMILY
services
THAT ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER
and to the reasonable services of
the employees of the bureau DEPARTMENT. It may request the
administrator DIRECTOR,
or any of the employees appointed by the administrator DIRECTOR,
or any
employer or employee subject to Chapter 4141. of the Revised
Code THIS CHAPTER, to appear before it and to testify relative to
the
functioning of such sections THIS CHAPTER and to other relevant
matters. The
council may conduct research of its own, make and publish
reports, and recommend to the administrator DIRECTOR, the
unemployment
compensation review commission, the governor, or the general
assembly needed changes in Chapter 4141. of the Revised Code THIS
CHAPTER, or
in the rules of the bureau DEPARTMENT as it considers necessary.
Sec. 4141.10. (A) There is hereby created the
unemployment compensation administration fund as a special fund
in the state treasury. All moneys which THAT are deposited or
paid
into this fund are available to the bureau DIRECTOR of
employment JOB AND FAMILY
services ONLY FOR THE ADMINISTRATION OF THIS CHAPTER. All moneys in
this fund which THAT are received from
the
United States or any agency thereof or which THAT are
appropriated by
this state for the purposes described in section 4141.04 of the
Revised Code, shall be expended solely for the purposes and in the
amounts found necessary by the proper agency of the United States
for the proper and efficient administration of sections 4141.01
to 4141.46, inclusive, of the Revised Code THIS CHAPTER. The fund
shall
consist of all moneys appropriated by this state, and all moneys
received from the United States or any agency thereof, including
the proper agency of the United States, the railroad retirement
board, and the United States employment service DEPARTMENT OF
LABOR, or from any
other source, for such purpose, except that moneys received from
the railroad retirement board as compensation for services or
facilities supplied to said THAT board shall be paid into this
fund or
the special employment service account thereof, provided for in
division (B) of this section, on the same basis as expenditures
are made for such services or facilities from such fund and
account. All moneys in this fund shall be deposited,
administered, and disbursed in the same manner and under the same
conditions and requirements as are other special funds in the
state treasury. The treasurer of state is liable on his THE
TREASURER OF STATE'S official
bond for the faithful performance of his THE TREASURER OF
STATE'S duties in connection
with this fund. Any balances in this fund shall not lapse at any
time, but shall be continuously available to the bureau
DIRECTOR for expenditure.
(B) A special employment service account shall be
maintained as a part of the fund for the purpose of maintaining
the public employment offices established pursuant to section
4141.04 of the Revised Code and for the purpose of co-operating
with the United States employment service.
(C) If any moneys received after June 30, 1941, from the
proper agency of the United States under title TITLE
III of the "Social
Security Act," or any unencumbered balances in the fund as of
that date, or any moneys granted after that date to this state
pursuant to the Wagner-Peyser acts, or any moneys made available
by this state or its political subdivisions and matched by such
moneys granted to this state pursuant to the Wagner-Peyser acts
are found by the proper agency of the United States because of
any action or contingency, to have been lost or expended for
purposes other than, or in amounts in excess of, those found
necessary by the proper agency of the United States for the
proper administration of sections 4141.01 to 4141.46, inclusive,
of the Revised Code THIS CHAPTER, such moneys shall be replaced by
moneys
appropriated for such purpose from the general funds of this
state to the unemployment compensation administration fund for
expenditure as provided in division (A) of this section. Upon
receipt of notice of such a finding by the proper agency of the
United States, the administrator of the bureau of employment
services DIRECTOR shall promptly report the amount required for
such
replacement to the governor and the governor shall at the
earliest opportunity submit to the general assembly a request for
the appropriation of such amount. Division (C) of this section
does not relieve this state of its obligation with respect to
funds received prior to July 1, 1941, pursuant to title III of
the "Social Security Act."
Sec. 4141.13. In addition to all other duties imposed on
the administrator DIRECTOR of the bureau of employment
JOB AND FAMILY services and powers
granted by this
chapter, the
administrator DIRECTOR may:
(A) Adopt and enforce reasonable rules relative to the
exercise of the administrator's DIRECTOR'S powers and authority,
and
proper rules to govern the administrator's DIRECTOR'S
proceedings and
to regulate the mode and manner of all
investigations and hearings;
(B) Prescribe the time, place, and manner of making claims
for benefits under such sections, the kind and character of
notices required thereunder, the procedure for investigating,
hearing, and deciding claims, the nature and extent of the proofs
and evidence and the method of furnishing and taking such proofs
and evidence to establish the right to benefits, and the method
and time within which adjudication and awards shall be made;
(C) Adopt rules with respect to the collection,
maintenance, and disbursement of the unemployment and
administrative funds;
(D) Amend and modify any of the administrator's DIRECTOR'S
rules from
time to time in
such respects as the administrator DIRECTOR finds necessary or
desirable;
(E) Employ, subject to Chapter 124. of the Revised Code,
secretaries, deputies, accountants, managers of district offices,
clerks, stenographers, and other assistants that are required for
the administration of this chapter, sections 4101.25
to 4101.30 and 4115.03 to 4115.16, and
Chapters 4109., 4111., and 4167. of the Revised
Code, and determine their salaries and duties; provided that
notwithstanding Chapter 124. of the Revised Code, no provisional
appointments shall extend for a period of more than six months,
except that for the duration of the war emergency such
provisional appointments may be extended upon compliance with the
personnel standards of the proper agency of the United States
relating thereto, and such six months limitation does not apply
to the appointment of employees engaged in the physical
maintenance of buildings occupied by the bureau of employment
services; AUTHORIZE A DESIGNEE TO HOLD OR UNDERTAKE AN INVESTIGATION,
INQUIRY, OR HEARING THAT THE DIRECTOR IS AUTHORIZED TO HOLD OR UNDERTAKE. AN
ORDER OF A DESIGNEE AUTHORIZED PURSUANT TO THIS SECTION IS THE ORDER OF THE
DIRECTOR.
(F) Appoint advisors or advisory employment committees, by
local districts or by industries, who shall, without compensation
but with reimbursements for necessary expenses, assist the
administrator DIRECTOR in the execution of the
administrator's DIRECTOR'S
duties;
(G) Require all employers, including employers not
otherwise subject to this chapter, to furnish to the
administrator DIRECTOR information concerning the amount of
wages paid, the number of employees employed and the regularity
of their employment, the number of employees hired, laid off, and
discharged from time to time and the reasons therefor and the
numbers that quit voluntarily, and other and further information
respecting any other facts required for the proper administration
of this chapter;
(H) Classify generally industries, businesses,
occupations, and employments, and employers individually, as to
the hazard of unemployment in each business, industry,
occupation, or employment, and as to the particular hazard of
each employer, having special reference to the conditions of
regularity and irregularity of the employment provided by such
employer and of the fluctuations in payrolls of such employer;
(I) Determine the contribution rates upon employers
subject to this
chapter, and provide for the levy and collection of the contributions from
such employers;
(J) Receive, hear, and decide claims for unemployment
benefits, and provide for the payment of such claims as are
allowed;
(K) Promote the regularization of employment and the
prevention of unemployment;
(L) Encourage and assist in the adoption of practical
methods of vocational training, retraining, and vocational
guidance;
(M) Investigate, recommend, and advise and assist in the
establishment and operation by municipal corporations, counties,
school districts, and the state of prosperity reserves of public
work to be prosecuted in times of business depression and
unemployment;
(N) Promote the re-employment of unemployed workers
throughout the state in any other way that may be feasible, and
take all appropriate steps within the administrator's DIRECTOR'S
means
to reduce and prevent
unemployment;
(O) Carry on and publish the results of any investigations
and research that the administrator DIRECTOR deems relevant;
(P) Make such reports to the proper agency of the United
States created by the "Social Security Act" as that agency
requires, and comply with such provisions as the agency finds
necessary to assure the correctness and verification of such
reports;
(Q) Make available upon request to any agency of the
United States charged with the administration of public works or
assistance through public employment the name, address, ordinary
occupation, and employment status of each recipient of
unemployment benefits under this chapter, and a statement of such
recipient's
rights to
further benefits under this chapter;
(R) Make such investigations, secure and transmit such
information, make available such services and facilities, and
exercise such of the other powers provided by this section with
respect to the administration of this chapter, as the
administrator DIRECTOR
deems necessary or appropriate to
facilitate the administration of the unemployment compensation
law or public employment service laws of this state and of other
states and the United States, and in like manner accept and
utilize information, services, and facilities made available to
this state by the agency charged with the administration of any
such other unemployment compensation or public employment service
laws;
(S) Enter into or cooperate in arrangements whereby
facilities and services provided under the unemployment
compensation law of Canada may be utilized for
the taking of claims and the payment of benefits under the
unemployment compensation law of this state or under a similar
law of Canada;
(T) Transfer surplus computers and computer equipment directly to
a chartered public school within the state, notwithstanding sections 125.12 to
125.14 of the Revised Code. The computers and computer equipment may be repaired or
refurbished prior to the transfer, and the public school may be charged a
service fee not to exceed the direct cost of repair or refurbishing.
Sec. 4141.162. (A) The administrator DIRECTOR of the bureau
of
employment JOB AND FAMILY services shall establish an income and
eligibility
verification system that complies with section 1137 of the
"Social Security Act." The programs included in the system are ALL OF THE
FOLLOWING:
(1) Unemployment compensation pursuant to section 3304 of
the "Internal Revenue Code of 1954";
(2) The state programs funded in part under part A of Title IV of the "Social
Security Act" and administered under Chapters 5107. and 5108. of the Revised
Code;
(3) Medicaid pursuant to Title XIX of the
"Social Security Act";
(4) Food stamps pursuant to the "Food Stamp Act of 1977,"
91 Stat. 958, 7 U.S.C.A. 2011, as amended;
(5) Any Ohio program under a plan approved under Title I,
X, XIV, or XVI of the "Social Security Act."
Wage information provided by employers to the bureau DIRECTOR
shall
be furnished to the income and eligibility verification system.
Such information shall be used by the bureau DIRECTOR to
determine
eligibility of individuals for unemployment compensation benefits
and the amount of those benefits and used by the agencies that
administer the programs identified in divisions (A)(2) to (5) of
this section to determine or verify eligibility for or the amount
of benefits under those programs.
The bureau DIRECTOR shall fully implement the use of wage
information to determine eligibility for and the amount of
unemployment compensation benefits by September 30, 1988.
Information furnished under the system shall also be made
available to the appropriate state or local child support
enforcement agency for the purposes of an approved plan under
Title IV-D of the "Social Security Act" and to the
appropriate federal agency for the purposes of Titles II and XVI
of the "Social Security Act."
(B) The administrator DIRECTOR shall adopt rules as necessary
under
which the bureau of employment services, the department of human
JOB AND FAMILY
services, and other state agencies THAT the administrator
DIRECTOR determines
must participate in order to ensure compliance with section 1137
of the "Social Security Act" exchange information with each other
or authorized federal agencies about individuals who are
applicants for or recipients of benefits under any of the
programs enumerated in division (A) of this section. The rules
shall extend to ALL OF THE FOLLOWING:
(1) A requirement for standardized formats and procedures
for a participating agency to request and receive information
about an individual, which information shall include the
individual's social security number;
(2) A requirement that all applicants for and recipients
of benefits under any program enumerated in division (A) of this
section be notified at the time of application, and periodically
thereafter, that information available through the system may be
shared with agencies that administer other benefit programs and
utilized in establishing or verifying eligibility or benefit
amounts under the other programs enumerated in division (A) of
this section;
(3) A requirement that information is made available only
to the extent necessary to assist in the valid administrative
needs of the program receiving the information and is targeted
for use in ways which are most likely to be productive in
identifying and preventing ineligibility and incorrect payments;
(4) A requirement that information is adequately protected
against unauthorized disclosures for purposes other than to
establish or verify eligibility or benefit amounts under the
programs enumerated in division (A) of this section;
(5) A requirement that a program providing information is
reimbursed by the program using the information for the actual
costs of furnishing the information and that the administrator
DIRECTOR be
reimbursed by the participating programs for any actual costs
incurred in operating the system;
(6) Requirements for any other matters necessary to ensure
the effective, efficient, and timely exchange of necessary
information or that the administrator DIRECTOR determines must
be
addressed in order to ensure compliance with the requirements of
section 1137 of the "Social Security Act."
(C) Each participating agency shall furnish to the income
and eligibility verification system established in division (A)
of this section that information, which the administrator
DIRECTOR, by
rule, determines is necessary in order to comply with section
1137 of the "Social Security Act."
(D) Notwithstanding the information disclosure
requirements of this section and sections 4141.16, 4141.161,
SECTION
4141.21, and division (D)(4)(a) of section 4141.28 of the Revised
Code, the administrator DIRECTOR shall administer those
provisions of law
so as to comply with section 1137 of the "Social Security Act."
(E) Requirements in section 4141.21 of the Revised Code
with respect to confidentiality of information obtained in the
administration of Chapter 4141. of the Revised Code and any
sanctions imposed for improper disclosure of such information
shall apply to the redisclosure of information disclosed under
this section.
Sec. 4141.21. Except as provided in sections 4141.16,
4141.161, SECTION 4141.162, and 4141.163 of the Revised
Code, and
subject to
section 4141.43 of the Revised Code, the
information maintained by the administrator of the bureau
DIRECTOR of employment JOB AND FAMILY
services or furnished to the administrator DIRECTOR by employers
or employees
pursuant to this
chapter is for the exclusive use and information of the bureau
DEPARTMENT of
employment JOB AND FAMILY services in the discharge of its
duties and shall not
be open to the public or be used in any court in any action or
proceeding pending therein, or be admissible in evidence in any
action, other than one arising under those sections. All
of the information and records necessary or useful in the determination
of any particular claim for benefits or necessary in verifying
any charge to an employer's account under sections 4141.23 to
4141.26 of the Revised Code shall be available for examination
and use by the employer and the employee involved or their
authorized representatives in the hearing of such cases, and
that information may be tabulated and published in statistical form
for the use and information of the state departments and the
public.
Sec. 4141.22. (A) No person shall disclose any
information that was maintained by the administrator DIRECTOR of
the bureau of employment JOB AND FAMILY services or furnished to
the administrator DIRECTOR by
employers or employees pursuant
to Chapter 4141. of the Revised Code THIS CHAPTER, unless such
disclosure is
permitted under section 4141.21 of the Revised Code.
(B) No person in the employ of the administrator DIRECTOR of
the
bureau of employment JOB AND FAMILY services OR A COUNTY FAMILY
SERVICES AGENCY OR A WORKFORCE DEVELOPMENT AGENCY, or who has been in the
employ of
the administrator DIRECTOR OR THOSE AGENCIES, at any
time, shall divulge any information
MAINTAINED BY OR FURNISHED TO THE DIRECTOR UNDER THIS CHAPTER AND
secured by the person while so employed, in respect to the
transactions,
property, business, or mechanical, chemical, or other industrial
process of any person, firm, corporation, association, or
partnership to any person other than the administrator DIRECTOR
or other
employees of the bureau DEPARTMENT of employment JOB
AND FAMILY services OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE
DEVELOPMENT AGENCY, as required by
the person's duties, or to other persons as authorized by
the administrator DIRECTOR under section 4141.43 of the Revised
Code.
Whoever violates this section shall be disqualified from
holding any appointment or employment by the administrator DIRECTOR
OR A COUNTY FAMILY SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY.
Sec. 4141.28. (A) Applications for determination of
benefit rights and claims for benefits shall be filed with a
deputy of the administrator DIRECTOR of the bureau of
employment JOB AND FAMILY services
designated for the purpose. Such applications and claims may
also be filed with an employee of another state or federal agency
charged with the duty of accepting applications and claims for unemployment
benefits or with an employee of the unemployment insurance commission of
Canada.
When a former employee of a state agency, board, or
commission that has terminated its operations files an
application under this division, the former employee shall give
notice that the agency, board, or commission has terminated its
operations. All notices or information required to be sent under
this chapter to or furnished by the applicant's employer shall be
sent to or furnished by the director of administrative services.
(B)(1) When an unemployed individual files an application
for determination of benefit rights, the administrator DIRECTOR OF
JOB AND FAMILY SERVICES shall
furnish the individual with the information specified in
division (A) of section 4141.321 of the Revised Code and with a
pamphlet giving instructions for
the steps an applicant may take if the applicant's claim for
benefits is
disallowed. The pamphlet shall state the applicant's right of
appeal, clearly describe the different levels of appeal, and
explain where and when each appeal must be filed. In filing an
application, the individual shall, for the individual's most recent
employment, furnish the administrator DIRECTOR with either:
(a) The information furnished by the employer as provided
for in division (B)(2) of this section;
(b) The name and address of the employer for whom the individual
performed services and the individual's written statement of the
reason for separation from the employer.
Where the claimant has furnished information in accordance
with division (B)(1)(b) of this section, the administrator DIRECTOR shall
promptly send a notice in writing that such filing has been made
to the individual's most recent separating employer, which notice shall
request from the employer the reason for the individual's unemployment.
The administrator DIRECTOR also
may request from any base period employer information necessary for
the determination of the claimant's rights to
benefits. Information as to
the reason for unemployment preceding an additional
claim shall be obtained in the same manner. Requests for such
information shall be dated by the administrator DIRECTOR with the
date on which they are mailed. If the employer fails to mail or
deliver such information within ten working days from the date
the administrator DIRECTOR mailed and dated such request,
and if
necessary to assure prompt payment of benefits when due, the
administrator DIRECTOR shall make the determination, and shall base
the determination on such information as is available to the
administrator DIRECTOR, which shall include the claimant's
statement made under division
(B)(1)(b) of this section. The determination, as it relates to
the claimant's determination of benefit rights, shall be amended
upon receipt of correct remuneration information at any time
within the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall
be adjusted, effective as of the beginning of the claimant's
benefit year.
(2) An employer who separates within any seven-day period
fifty or more individuals because of lack of work, and these
individuals upon separation will be unemployed as defined in
division (R) of section 4141.01 of the Revised Code, shall
furnish notice to the administrator DIRECTOR of the dates of separation
and the approximate number of individuals being separated. The
notice shall be furnished at least three working days prior to
the date of the first day of such separations. In addition, at
the time of separation the employer shall furnish to the
individual being separated or to the administrator DIRECTOR separation
information necessary to determine the individual's eligibility,
on forms and in a manner approved by the administrator DIRECTOR.
An employer who operates multiple business establishments
at which both the effective authority for hiring and separation
of employees and payroll information is located and who, because
of lack of work, separates a total of fifty or more individuals
at two or more business establishments is exempt from the first
paragraph of division (B)(2) of this section. This paragraph
shall not be construed to relieve an employer who operates
multiple business establishments from complying with division
(B)(2) of this section where the employer separates fifty or more
individuals at any business establishment within a seven-day
period.
An employer of individuals engaged in connection with the
commercial canning or commercial freezing of fruits and
vegetables is exempt from the provision of division (B)(2) of
this section that requires an employer to furnish notice of
separation at least three working days prior to the date of the
first day of such separations.
(3) Where an individual at the time of filing an
application for determination of benefit rights furnishes
separation information provided by the employer or where the
employer has provided the administrator DIRECTOR with the information in
accordance with division (B)(2) of this section, the
administrator DIRECTOR shall make a determination of eligibility on the
basis of the information furnished. The administrator DIRECTOR shall
promptly notify all interested parties under division (D)(1) of
this section of the determination.
(4) Where an employer has furnished separation information
under division (B)(2) of this section which is insufficient to
enable the administrator DIRECTOR to make a determination of a claim for
benefits of an individual, or where the individual fails at the
time of filing an application for determination of benefit rights
to produce the separation information furnished by an employer,
the administrator DIRECTOR shall follow the provisions specified in
division (B)(1) of this section.
(C) The administrator DIRECTOR shall promptly
examine any application for determination of benefit rights filed, and on the
basis of any facts found by the administrator DIRECTOR shall determine
whether or not the application is valid, and if valid, the
date on which the benefit year shall commence and the weekly benefit amount.
The claimant, the most recent employer, and any other
employer in the
claimant's base period shall promptly be notified of the
determination and the reasons therefor. In addition, the
determination issued to the claimant shall include the total
amount of benefits payable, and the determination issued to each
chargeable base period employer shall include the total amount of
benefits which may be charged to the employer's account.
(D)(1) The administrator DIRECTOR shall
examine the first claim for benefits filed in any benefit year, and any
additional claim, and on the basis of any facts found by the
administrator DIRECTOR shall determine whether division (D) of section
4141.29 of the Revised Code is applicable to the claimant's most recent
separation and, to the extent necessary, prior separations from
work, and whether the separation reason is qualifying or
disqualifying for the ensuing period of unemployment. Notice of
such determination shall be mailed to the claimant, the
claimant's most recent separating employer, and any other employer
involved in the determination.
(a) Whenever the administrator DIRECTOR has reason to believe that
the unemployment of twenty-five or more individuals relates to a
labor dispute, the administrator DIRECTOR, within five calendar days
after their claims are filed, shall schedule a hearing concerning the
reason for unemployment. Notice of the hearing shall be sent to
all interested parties, including the duly authorized
representative of the parties, as provided in division (D)(1) of
this section. The hearing date shall be scheduled so as to
provide at least ten days' prior notice of the time and date of
the hearing. A similar hearing, in such cases, may be scheduled
when there is a dispute as to the duration or ending date of the
labor dispute.
(b) The administrator DIRECTOR shall appoint a hearing officer to
conduct the hearing of the case under division (D)(1)(a) of this
section. The hearing officer is not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure, but shall take any steps that are reasonable and
necessary to obtain the facts and determine whether the claimants
are entitled to benefits under the law. The failure of any
interested party to appear at the hearing shall not preclude a
decision based upon all the facts available to the hearing
officer. The proceeding at the hearing shall be recorded by
mechanical means or by other means prescribed by the
administrator DIRECTOR. The record need not be transcribed unless an
application for appeal is filed on the decision and the
chairperson of the unemployment compensation
review commission requests a transcript of the hearing
within fourteen days after the application for appeal is received by the
commission. The administrator DIRECTOR shall prescribe rules
concerning
the conduct of the hearings and all related matters and appoint
an attorney to direct the operation of this function.
(c) The administrator DIRECTOR shall issue the hearing officer's
decisions and reasons therefor on the case within ten calendar
days after the hearing. The hearing officer's decision issued by
the administrator DIRECTOR is final unless an application for appeal is
filed with the review commission within twenty-one days
after the
decision was mailed to all interested parties. The administrator DIRECTOR,
within the twenty-one-day appeal period, may remove and
vacate
the decision and issue a revised determination and appeal date.
(d) Upon receipt of the application for appeal, the full
review commission shall review the administrator's DIRECTOR'S
decision and
either schedule a further hearing on the case or disallow the
application. The review commission shall review the
administrator's DIRECTOR'S decision within fourteen days after
receipt of
the decision or the receipt of a transcript requested under
division (D)(1)(b) of this section, whichever is later.
(i) When a further hearing is granted, the commission
shall
make the administrator's DIRECTOR'S decision and record of the
case, as
certified by the administrator DIRECTOR, a part of the record
and shall
consider the administrator's DIRECTOR'S decision and record in
arriving at a
decision on the case. The commission's decision
affirming, modifying,
or reversing the administrator's DIRECTOR'S decision, following
the further
appeal, shall be mailed to all interested parties within fourteen
days after the hearing.
(ii) A decision of the disallowance of a further appeal
shall be mailed to all interested parties within fourteen days
after the commission makes the decision to disallow. The
disallowance
is deemed an affirmation of the administrator's DIRECTOR'S
decision.
(iii) The time limits specified in divisions (D)(1)(a),
(b), (c), and (d) of this section may be extended by agreement of
all interested parties or for cause beyond the control of the
administrator DIRECTOR or the commission.
(e) An appeal of the commission's decision issued under
division (D)(1)(d) of this section may be taken to the court of
common pleas as provided in division (O) of this section.
(f) A labor dispute decision involving fewer than
twenty-five individuals shall be determined under division (D)(1)
of this section and the review commission shall
determine any
appeal from the decision pursuant to division (M) of this section
and within the time limits provided in division (D)(1)(d) of this
section.
(2) The determination of a first or additional claim,
including the reasons therefor, shall be mailed to the claimant,
the claimant's most recent separating employer, and any other employer
involved in the determination.
When the determination of a continued claim results in
a disallowed claim, the administrator DIRECTOR shall notify the claimant
of such disallowance and the reasons therefor.
(3) Where the claim for benefits is directly attributable
to unemployment caused by a major disaster, as declared by the
president of the United States pursuant to the "Disaster Relief
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual
filing the claim would otherwise have been eligible for disaster
unemployment assistance under that act, then upon application by
the employer any benefits paid on the claim shall not be charged
to the account of the employer who would have been charged on
such claim but instead shall be charged to the mutualized account
described in section 4141.25 of the Revised Code, provided that
this division is not applicable to an employer electing
reimbursing status under section 4141.241 of the Revised Code,
except reimbursing employers for whom benefit charges are charged
to the mutualized account pursuant to division (D)(2) of
section
4141.24 of the Revised Code.
(4)(a) An individual filing a new claim for unemployment
compensation shall disclose, at the time of filing, whether or
not the individual owes child support obligations. In such a
case, the administrator DIRECTOR shall notify the state
APPROPRIATE WORK UNIT WITHIN THE DEPARTMENT or THE local child
support enforcement agency enforcing the obligation only if the
claimant has been determined to be eligible for unemployment
compensation.
(b) The administrator DIRECTOR shall deduct and withhold from
unemployment compensation payable to an individual who owes child
support obligations:
(i) Any amount required to be deducted and withheld from
the unemployment compensation pursuant to legal process, as that
term is defined in section 459(i)(5) of the "Social Security Act,"
as amended by the "Personal Responsibility and Work Opportunity Reconciliation
Act of 1996," 100 Stat. 2105, 42 U.S.C. 659, and properly served
upon the administrator DIRECTOR, as described in division (D)(4)(c) of
this section; or
(ii) Where division (D)(4)(b)(i) of this section is
inapplicable, in the amount determined pursuant to an agreement
submitted to the administrator DIRECTOR under section 454(19)(B)(i)
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended,
by the state or local child support enforcement agency; or
(iii) If neither division (D)(4)(b)(i) nor (ii) of this
section is applicable, then in the amount specified by the
individual.
(c) The administrator DIRECTOR shall
receive all legal process described in division
(D)(4)(b)(i) of this section from each local child support
enforcement agency, which legal process was issued by the
agency under section 2301.371 of the Revised Code or otherwise
was issued by the agency. The processing of cases under part D
of Title IV of the "Social Security Act," 88 Stat. 2351 (1975),
42 U.S.C.A. 651, as amended, shall be determined pursuant to
agreement between the administrator and the state department of
human services. The department shall pay, pursuant to that
agreement, all of the costs of the bureau of employment services
that are associated with a deduction and withholding under
division (D)(4)(b)(i) and (ii) of this section.
(d) The amount of unemployment compensation subject to
being withheld pursuant to division (D)(4)(b) of this section is
that amount which remains payable to the individual after
application of any recoupment provisions for recovery of
overpayments and after deductions which have been made under this
chapter for deductible income received by the individual. Effective for
applications to establish unemployment compensation benefit rights filed after
December 27, 1997, the amount withheld with respect to a week of unemployment
benefits shall not exceed fifty per cent of the individual's weekly benefit
amount as determined by the administrator DIRECTOR.
(e) Any amount deducted and withheld under division
(D)(4)(b) of this section shall be paid to the appropriate state
or local child support enforcement agency in the following
manner:
(i) The administrator DIRECTOR shall determine the amounts that are
to be deducted and withheld on a per county basis.
(ii) For each county, the administrator DIRECTOR shall forward
to
the local child support enforcement agency of the county, at
intervals to be determined pursuant to the agreement referred to
in division (D)(4)(c) of this section, the amount determined for
that county under division (D)(4)(e)(i) of this section for
disbursement to the obligees or assignees of such support
obligations.
(f) Any amount deducted and withheld under division
(D)(4)(b) of this section shall for all purposes be treated as if
it were paid to the individual as unemployment compensation and
paid by the individual to the state or local child support agency
in satisfaction of the individual's child support obligations.
(g) Division (D)(4) of this section applies only if
appropriate arrangements have been made for reimbursement by the
state or local child support enforcement agency for the
administrative costs incurred by the administrator DIRECTOR under this
section which are associated with or attributable to child
support obligations being enforced by the state or local child
support enforcement agency.
(h) As used in division (D)(4) of this section:
(i) "Child support obligations" means only obligations
which are being enforced pursuant to a plan described in section
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654,
as amended, which has been approved by the United States
secretary of health and human services under part D of Title IV
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as
amended.
(ii) "State child support enforcement agency" means the
WORK UNIT WITHIN THE
department of human JOB AND FAMILY services, bureau of child
support OR THE STATE AGENCY OF ANOTHER STATE, designated
as the single state agency for the administration of the program
of child support enforcement pursuant to part D of Title IV of
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as
amended.
(iii) "Local child support enforcement agency" means a
child support enforcement agency or any other agency of a political
subdivision of the state operating pursuant to a plan mentioned
in division (D)(4)(h)(i) of this section.
(iv) "Unemployment compensation" means any compensation
payable under this chapter including amounts payable by the
administrator DIRECTOR pursuant to an agreement under any
federal law
providing for compensation, assistance, or allowances with
respect to unemployment.
(E)(1) Any base period or subsequent employer of a
claimant who has knowledge of specific facts affecting such
claimant's right to receive benefits for any week may notify the
administrator DIRECTOR in writing of such facts. The
administrator DIRECTOR shall
prescribe a form to be used for such eligibility notice, but
failure to use the prescribed form shall not preclude the
administrator's DIRECTOR'S examination of any notice.
(2) An eligibility notice is timely filed if received by
the administrator DIRECTOR or
postmarked prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the
claimant. An employer who does not timely file an
eligibility notice shall not be an interested party with respect
to the claim for benefits which is the subject of the notice.
(3) The administrator DIRECTOR shall consider the
information contained in the eligibility notice, together with
other facts found by the administrator DIRECTOR
and, after giving notice to the claimant, shall determine,
unless a prior determination on the same eligibility issue has
become final, whether such claim shall be allowed or disallowed, and
shall mail notice of
such determination to the notifying employer who
timely filed the eligibility notice, to the
claimant, and to other interested parties. If the
determination disallows benefits for any week in question, the
payment of benefits with respect to that week
shall be withheld pending further appeal, or an
overpayment order shall be issued by the administrator DIRECTOR as
prescribed in section 4141.35 of the Revised Code, if
applicable.
(F) In making determinations, the
administrator DIRECTOR shall follow decisions
of the unemployment compensation review commission which have
become final with respect to claimants similarly situated.
(G)(1) Until October 1, 1998, any interested
party notified of a determination of
an application for determination of benefit rights or a claim for
benefits may, within twenty-one calendar days after the notice
was mailed to the party's last known post-office address, apply in
writing for a reconsideration of the administrator's DIRECTOR'S
determination.
On and after October 1,
1998, any party notified of a determination may appeal within
twenty-one calendar days after notice was mailed to the party's
last known post-office address or within an extended period
pursuant to division (Q) of
this section. Upon receipt of the appeal, the administrator
DIRECTOR
either shall issue a redetermination within twenty-one days of
receipt or transfer the appeal to the commission, which shall
acquire jurisdiction over the appeal. If the administrator
DIRECTOR
issues a redetermination, the redetermination shall void the
prior determination. A redetermination under this section is
appealable to the same extent that a determination is
appealable.
(2) If the administrator DIRECTOR finds within the
benefit year that the determination was erroneous due to an error in an
employer's report
other than a report to correct remuneration information as
provided in division (B) of this section or any typographical or
clerical error in the administrator's DIRECTOR'S determination,
the administrator DIRECTOR
shall issue a
corrected determination to all interested parties,
which determination shall take precedence over and
void the prior determination of the administrator DIRECTOR, provided no appeal has
been filed with the commission.
(3) If benefits are allowed by the administrator DIRECTOR in
a determination, or in a
decision by a hearing officer, the review commission, or
a court, the benefits shall be paid promptly, notwithstanding any further
appeal, provided that if benefits are denied on appeal, of which the
parties have notice and an opportunity
to
be heard, the payment of benefits shall be withheld pending a
decision on any further appeal.
(4) Any benefits paid to a claimant under this section
prior to a final determination of the claimant's right to the
benefits shall
be charged to the employer's account as provided in division (D)
of section 4141.24 of the Revised Code, provided that if there is
no final determination of the claim by the subsequent thirtieth
day of June, the employer's account will be credited with the
total amount of benefits which has been paid prior to that date,
based on the determination which has not become final. The total
amount credited to the employer's account shall be charged to a
suspense account which shall be maintained as a separate
bookkeeping account and administered as a part of section 4141.24
of the Revised Code, and shall not be used in determining the
account balance of the employer for the purpose of computing the employer's
contribution rate under section 4141.25 of the Revised Code. If
it is finally determined that the claimant is entitled to all or
a part of the benefits in dispute, the suspense account shall be
credited and the appropriate employer's account charged with the
benefits. If it is finally determined that the claimant is not
entitled to all or any portion of the benefits in dispute, the
benefits shall be credited to the suspense account and a
corresponding charge made to the mutualized account established
in division (B) of section 4141.25 of the Revised Code,
provided
that, except as otherwise provided in this division, if benefits
are chargeable to an employer or group of employers who is
required or elects to make payments to the fund in lieu of
contributions under section 4141.241 of the Revised Code, the
benefits shall be charged to the employer's account in the manner
provided in division (D) of section 4141.24 and division (B) of
section 4141.241 of the Revised Code, and no part of the benefits
may be charged to the suspense account provided in this division. To the
extent that benefits which have been paid to a claimant
and charged to the employer's account are found not to be due the
claimant and are recovered by the administrator DIRECTOR as provided in
section 4141.35 of the Revised Code, they shall be credited to
the employer's account.
(H) Until October 1, 1998, any interested party
may appeal the administrator's DIRECTOR'S
decision on reconsideration to the commission and unless
an appeal is
filed from such decision on reconsideration with the
commission within
twenty-one calendar days after such decision was mailed to the
last known post-office address of the appellant, or within an
extended period pursuant to division (Q) of this section,
such decision on reconsideration is final and benefits shall be paid
or denied in accordance therewith. The date of the mailing provided by the
administrator DIRECTOR on
determination or decision on reconsideration is sufficient evidence upon
which to conclude that the determination or decision on reconsideration was
mailed on that date.
On and after October 1,
1998, the date of the mailing provided by the administrator DIRECTOR on
the determination or redetermination is sufficient evidence upon
which to conclude that the determination or redetermination was mailed on that
date.
(I) Appeals may be filed with the
administrator DIRECTOR, commission, with an
employee of another
state or federal agency charged with the duty of accepting claims, or
with the unemployment
insurance commission of Canada.
(1) Any timely written notice that the interested
party desires to appeal shall be accepted.
(2) The administrator DIRECTOR, commission, or authorized agent must
receive the appeal within the specified
appeal period in order for the appeal
to be deemed timely filed, except that:
(a) If the United States postal service is used as the
means of delivery, the enclosing envelope must have a postmark
date, as governed by United States postal regulations, that is on
or before the last day of the specified appeal period; and
(b) Where the postmark date is illegible or missing, the
appeal is timely filed if received no
later than the end of the third calendar day following the last
day of the specified appeal period.
(3) The administrator DIRECTOR may adopt rules pertaining to alternate
methods of filing appeals.
(J) When an appeal from a
determination of
the administrator DIRECTOR is taken to the commission at the
hearing officer level, all
interested parties
shall be notified and the commission,
after
affording such parties reasonable opportunity for a fair hearing,
shall affirm, modify, or reverse the determination
of the administrator DIRECTOR in the manner that
appears just and proper. However, the commission may refer a case to the
administrator DIRECTOR for a redetermination if the commission decides that the case
does not require a hearing. In the conduct of a
hearing by a hearing officer or any
other hearing
on appeal to the commission which is provided in this
section, the hearing officers are not bound
by
common law or
statutory rules of evidence or by technical or formal rules of procedure. The
hearing officers shall take any
steps in
the hearings,
consistent with the impartial discharge of their duties, which
appear reasonable and necessary to ascertain the facts and
determine whether the claimant is entitled to benefits under the
law. The hearings shall be
de novo, except that the
administrator's DIRECTOR'S file pertaining to a case shall be
included in the record to
be considered.
The hearing officers may conduct
any such
hearing in person or by telephone. The commission shall
adopt rules
which designate the circumstances under which hearing officers may
conduct a hearing by telephone,
grant a party to the
hearing the opportunity to object to a hearing by telephone, and
govern the conduct of hearings by telephone. An interested party
whose hearing would be by telephone pursuant to the
commission rules
may elect to have an in-person hearing, provided that the party
electing the in-person hearing agrees to have the hearing at the
time and place the commission determines pursuant to rule.
(1) The failure of the claimant or other interested party
to appear at a hearing, unless the claimant or interested party is
the appealing party, shall
not preclude a decision in the claimant's or interested
party's favor, if on the basis of all the
information in the record, including that contained in the file
of the administrator DIRECTOR, the claimant or interested party is entitled
to the decision.
(2) If the party appealing fails to appear at the hearing,
the hearing officer shall dismiss the
appeal,
provided that
the hearing officer or commission shall vacate the
dismissal upon
a showing
that due notice of the hearing was not mailed to such party's
last known address or good cause for the failure to appear is
shown to the commission within
fourteen
days after the
hearing date. No further appeal from the decision may thereafter
be instituted by such party. If the other party fails to appear
at the hearing, the hearing officer
shall
proceed with the
hearing and shall issue a decision based on the evidence of record,
including
the administrator's DIRECTOR'S file. The commission shall
vacate the
decision upon
a showing that due notice of the hearing was not mailed to such
party's last known address or good cause for such party's
failure to appear is shown to the
commission within fourteen days
after the hearing date.
(3) Where a party requests that a hearing be scheduled in
the evening because the party is employed during the day, the
commission
shall schedule the hearing during
such hours as the party
is not employed.
(4) The interested parties may waive,
in writing, the hearing. If the parties waive the hearing, the
hearing officer shall issue a decision based on
the evidence of record, including the administrator's DIRECTOR'S
file.
(K) The proceedings at the hearing before the hearing officer, shall be
recorded by mechanical
means or
otherwise as
may be prescribed by the commission. In the absence of further proceedings,
the record
that is made need not be transcribed.
(L) All interested parties shall be notified of the
hearing officer's decision, which shall include the
reasons therefor. The hearing officer's
decision shall become final unless, within
twenty-one days after the decision was mailed to the last known
post-office address of such parties, or within an extended period
pursuant to division (Q) of this section, the commission
on its own
motion removes or transfers such claim to the review level, or upon a request
for review that is
filed by an interested party and
is allowed by the
commission.
(M) In the conduct of a hearing by
the commission or a hearing officer at the review level, the commission and
the
hearing officers are not bound by common law or statutory rules of evidence or
by technical or formal rules of procedure. The commission and the hearing
officers shall take any steps in the hearings, consistent with the impartial
discharge of their duties, that appear reasonable and necessary to ascertain
the facts and determine whether the claimant is entitled to benefits under the
law.
(1) The review commission, or a hearing officer
designated by the commission, shall consider an appeal at the
review level under the following circumstances:
(a) When an appeal is required to be
heard initially by the commission pursuant to this
chapter;
(b) When the commission on its own
motion removes an appeal within twenty-one days after a hearing
officer issues the hearing officer's decision in the
case;
(c) When a hearing officer refers an
appeal to the commission within twenty-one days after the
hearing officer issues the hearing officer's decision in the
case;
(d) When an interested party files a
request for review with the commission within twenty-one days
after the date a hearing officer issues the hearing officer's
decision in the case. The commission shall disallow the request
for review if it is not timely filed.
The commission may remove, and a hearing officer may
refer, appeals involving decisions of potentially precedential
value.
(2) If a request for review is timely filed, the
commission shall decide whether to allow or disallow
the request for review.
If the request for review is disallowed, the commission
shall notify all interested parties of that fact. The
disallowance of a request for review constitutes a final
decision by the commission for purposes of appeal to court. If
the request for review is allowed, the commission shall notify
all interested parties of that fact, and the commission shall
provide a reasonable period of time, as the commission defines
by rule, in which interested parties may file a response. After that
period of time, the commission, based on the record before it,
shall do one of the following at the review level:
(a) Affirm the decision of the
hearing officer;
(b) Order that the case be heard or
reheard by a hearing officer;
(c) Order that the case be heard or
reheard by a hearing officer as a potential precedential
decision;
(d) Order that the decision be
rewritten.
(3) The commission shall send notice to all interested
parties when it orders a case to be heard or reheard. The
notice shall include the reasons for the hearing or rehearing.
If the commission identifies an appeal as a potentially
precedential case, the commission shall notify the administrator DIRECTOR
and other interested parties of the special nature of the
hearing.
(N) Whenever the administrator DIRECTOR and the chairperson of the
review commission determine in writing and certify
jointly that a
controversy exists with respect to the proper application of this
chapter to more than five hundred claimants similarly situated
whose claims are pending before the administrator DIRECTOR or the
review commission or both on redetermination or
appeal applied for or
filed
by three or more employers or by such claimants, the
chairperson of
the review commission shall select one such claim which
is
representative of all such claims and assign it for a fair
hearing and decision. Any other claimant or employer in the
group who makes a timely request to participate in the hearing
and decision shall be given a reasonable opportunity to
participate as a party to the proceeding.
Such joint certification by the administrator DIRECTOR and the
chairperson of the commission shall constitute a stay of
further
proceedings in the claims of all claimants similarly situated
until the issue or issues in controversy are adjudicated by the
supreme court of Ohio. At the time the decision of the
commission is
issued, the chairperson shall certify the commission's
decision
directly
to the supreme court of Ohio and the chairperson shall file
with the
clerk of the supreme court a certified copy of the transcript of
the proceedings before the commission pertaining to such
decision. Hearings on
such issues shall take precedence over all other
civil cases. If upon hearing and consideration of such record
the court decides that the decision of the commission is
unlawful, the
court shall reverse and vacate the decision or modify it and
enter final judgment in accordance with such modification;
otherwise such court shall affirm such decision. The notice of
the decision of the commission to the interested parties
shall contain
a certification by the chairperson of the commission that
the
decision is
of great public interest and that a certified transcript of the
record of the proceedings before the commission has been
filed with
the clerk of the supreme court as an appeal to the court. Promptly upon the
final judgment of the court, the administrator DIRECTOR
and the commission shall decide those claims pending
before them where
the facts are similar and shall notify all interested parties of
such decision and the reason therefor in the manner provided for
in this section. Nothing in this division shall be construed so
as to deny the right of any such claimant, whose claim is pending
before the administrator DIRECTOR on redetermination or
before the
commission,
to apply for and be granted an opportunity for a fair hearing to
show that the facts in the claimant's case are different
from the facts in the claim selected as the representative claim as provided
in this division, nor shall any such claimant be denied the right to appeal
the decision of the administrator DIRECTOR or the commission which
is made as a result of
the decision of the court in the representative case.
(O)(1) Any interested party as defined in division (I) of
section 4141.01 of the Revised Code, within thirty days after
notice of the decision of the commission was mailed to the
last known
post-office address of all interested parties, may appeal from
the decision of the commission to the court of common
pleas of the
county where the appellant, if an employee, is resident or was
last employed or of the county where the appellant, if an
employer, is resident or has the principal place of business in
this state. The commission shall provide on its decision
the names
and addresses of all interested parties. Such appeal shall be
taken within such thirty days by the appellant by filing a notice
of appeal with the clerk of the court of common pleas. Such
filing shall be the only act required to perfect the appeal and
vest jurisdiction in the court. Failure of an appellant to take
any step other than timely filing of a notice of appeal does not
affect the validity of the appeal, but is grounds only for such
action as the court deems appropriate, which may include
dismissal of the appeal. Such notice of appeal shall set forth
the decision appealed from. The appellant shall mail a copy of
the notice of appeal to the commission and to all
interested parties
by certified mail to their last known post-office address and
proof of the mailing of the notice shall be filed with the clerk
within thirty days of filing the notice of appeal. All
interested parties shall be made appellees. The
commission upon
receipt of the notice of appeal shall within thirty days file
with the clerk a certified transcript of the record of the
proceedings before the commission pertaining to the
decision
complained of, and mail a copy of the transcript to the
appellant's attorney or to the appellant, if not represented by
counsel. The appellant shall file a statement of the assignments
of error presented for review within sixty days of the filing of
the notice of appeal with the court. The appeal shall be heard
upon such record certified by the commission. After an
appeal has
been filed in the court, the commission may, by petition,
be made a
party to such appeal. If the court finds that the decision was
unlawful, unreasonable, or against the manifest weight of the
evidence, it shall reverse and vacate such decision or it may
modify such decision and enter final judgment in accordance with
such modification; otherwise such court shall affirm such
decision. Any interested party shall have the right to appeal
from the decision of the court as in civil cases.
(2) If an appeal is filed after the thirty-day appeal
period established in division (O)(1) of this section, the court
of common pleas shall conduct a hearing to determine whether the
appeal was timely filed pursuant to division (Q) of this
section.
At the hearing, additional evidence may be introduced and oral
arguments may be presented regarding the timeliness of the filing
of the appeal. If the court of common pleas determines that the
time for filing the appeal is extended as provided in division
(Q) of this section and that the appeal was filed within
the
extended time provided in that division, the court shall
thereafter make its decision on the merits of the appeal. If the
court of common pleas determines that the time for filing the
appeal may not be extended as provided in division (Q) of
this
section, the court shall dismiss the appeal accordingly. The
determination on timeliness by the court of common pleas may be
appealed to the court of appeals as in civil cases, and such
appeal shall be consolidated with any appeal from the decision by
the court of common pleas on the merits of the appeal.
(P) Any appeal from a
determination or
redetermination of the
administrator DIRECTOR or a decision or order of the
commission
may be executed in behalf of any party
or any group of claimants by an agent.
(Q) The time for filing an
appeal, a request for
review, or a court
appeal under this section
shall be extended as follows:
(1) When the last day of an appeal period is a Saturday,
Sunday, or legal holiday, the appeal period is extended to the
next work day after the Saturday, Sunday, or legal holiday; or.
(2) When an interested party provides certified medical
evidence stating that the interested party's physical condition
or mental capacity prevented the interested party from filing a
an appeal or request for review pursuant to division
(G), (H), or (L) of
this section within the appropriate twenty-one-day period, the
appeal period is extended to twenty-one days after the end of the
physical or mental condition and the appeal, or
request for review is considered timely filed if
filed within that
extended period;.
(3) When an interested party provides evidence, which
evidence may consist of testimony from the interested party, that
is sufficient to establish that the party did not actually receive
the
determination or decision within the applicable appeal period
pursuant to division (G), (H), or (L) of this section, and the
administrator DIRECTOR or the commission finds that the interested
party did
not actually receive the determination or decision within the
applicable appeal period, then the appeal period is extended to
twenty-one days after the interested party actually receives the
determination or decision.
(4) When an interested party provides evidence, which
evidence may consist of testimony from the interested party, that
is sufficient to establish that the party did not actually receive a
decision within the thirty-day appeal period provided in division
(O)(1) of this section, and a court of common pleas finds that
the interested party did not actually receive the decision within
that thirty-day appeal period, then the appeal period is extended
to thirty days after the interested party actually receives the
decision.
(R) No finding of fact or law, decision, or order of the
administrator DIRECTOR, hearing officer, or the review
commission, or a
reviewing
court pursuant to this section, shall be given collateral
estoppel or res judicata effect in any separate or subsequent
judicial, administrative, or arbitration proceeding, other than a
proceeding arising under this chapter.
Sec. 5101.01. As used in the Revised Code, the "department of public welfare"
means AND the "department of human
services," MEAN THE DEPARTMENT OF JOB AND FAMILY SERVICES
and the "director of public welfare"
means AND the "director of human services" MEAN
THE DIRECTOR OF JOB AND FAMILY SERVICES. Whenever the department or
director of
public welfare OR THE DEPARTMENT OR DIRECTOR OF HUMAN SERVICES is
referred to or designated in any statute, rule, contract, GRANT,
or
other document, the reference or designation shall be deemed to refer to the
department or director of human JOB AND FAMILY services, as the
case may be.
Sec. 5101.02. The director of human JOB AND FAMILY services is
the
executive head of the department of human JOB AND FAMILY
services. All duties
conferred on the various offices, divisions, bureaus,
sections, and institutions WORK UNITS of the
department by law or by order of the director shall be performed
under such rules as the director prescribes, and shall be
under the director's control.
Sec. 5101.05. Except as otherwise provided as to appointments by chiefs of
divisions, the THE director of human JOB AND FAMILY
services shall MAY appoint such employees as are
necessary for the efficient conduct OPERATION of the department
and OF JOB AND FAMILY SERVICES. THE DIRECTOR MAY prescribe
their
titles THE TITLE and duties OF THE EMPLOYEES.
Sec. 5101.051. IF THE DIRECTOR OF JOB AND FAMILY SERVICES
DETERMINES THAT A POSITION WITH THE DEPARTMENT OF JOB AND FAMILY
SERVICES CAN BEST BE FILLED IN ACCORDANCE WITH DIVISION (A)(2) OF
SECTION 124.30 OF THE REVISED CODE OR WITHOUT REGARD TO A
RESIDENCY REQUIREMENT ESTABLISHED BY A RULE ADOPTED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES, THE DIRECTOR OF JOB AND FAMILY
SERVICES SHALL PROVIDE THE DIRECTOR OF ADMINISTRATIVE SERVICES
CERTIFICATION OF THE DETERMINATION.
Sec. 5101.06. The director of human JOB AND FAMILY services may
establish
offices, divisions, bureaus, and sections and
prescribe their powers and duties WORK UNITS WITHIN THE DEPARTMENT OF
JOB AND FAMILY SERVICES AS NECESSARY FOR THE EFFICIENT OPERATION OF THE
DEPARTMENT. THE DIRECTOR SHALL APPOINT THE CHIEF OF EACH WORK UNIT.
Sec. 5101.08. The department DIRECTOR of human JOB
AND FAMILY services shall MAY require any of its
THE
employees and each officer and employee of every institution under its
control
OF THE DEPARTMENT OF JOB AND FAMILY SERVICES who may be charged with
custody or control of any PUBLIC money or property belonging
to the state or who is required to give bond, to give a surety
company bond,
properly conditioned, in a sum to be fixed by the department
DIRECTOR which when
approved by the department DIRECTOR, shall be filed in the
office of the secretary of
state. The cost of such bonds, when approved by the department
DIRECTOR, shall be paid
from funds available for the department. The bonds required or authorized by
this section may, in the discretion of the director of human services,
be individual, schedule, or blanket bonds.
Sec. 5101.09. (A) WHEN THE DIRECTOR OF JOB AND FAMILY SERVICES
IS AUTHORIZED BY THE REVISED CODE TO ADOPT A RULE, THE
DIRECTOR SHALL ADOPT THE RULE IN ACCORDANCE WITH THE FOLLOWING:
(1) CHAPTER 119. OF THE REVISED CODE IF ANY OF THE
FOLLOWING
APPLY:
(a)THE RULE CONCERNS THE ADMINISTRATION OR ENFORCEMENT OF
CHAPTER 4141. OF THE REVISED CODE;
(b)THE RULE CONCERNS A PROGRAM ADMINISTERED BY THE DEPARTMENT OF
JOB AND FAMILY SERVICES, UNLESS THE STATUTE AUTHORIZING THE RULE REQUIRES THAT
IT BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED
CODE;
(c)THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE RULE BE
ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE.
(2) SECTION 111.15 OF THE REVISED CODE, EXCLUDING
DIVISIONS (D) AND (E) OF THAT SECTION, IF EITHER OF THE
FOLLOWING
APPLY:
(a)THE RULE CONCERNS THE DAY-TO-DAY STAFF PROCEDURES AND
OPERATIONS OF THE DEPARTMENT OR FINANCIAL AND OPERATIONAL MATTERS BETWEEN THE
DEPARTMENT AND ANOTHER
GOVERNMENT ENTITY OR A PRIVATE ENTITY RECEIVING A GRANT FROM THE
DEPARTMENT, UNLESS THE STATUTE AUTHORIZING THE RULE REQUIRES THAT
IT BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE;
(b)THE STATUTE AUTHORIZING THE RULE REQUIRES THAT THE RULE BE
ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED
CODE AND, BY THE TERMS OF DIVISION (D) OF THAT SECTION,
DIVISION (D) OF THAT SECTION DOES NOT APPLY TO THE RULE.
(3) SECTION 111.15 OF THE REVISED CODE, INCLUDING
DIVISIONS (D) AND (E) OF THAT SECTION, IF THE STATUTE
AUTHORIZING THE RULE REQUIRES THAT THE RULE BE ADOPTED IN ACCORDANCE WITH THAT
SECTION AND THE RULE IS NOT EXEMPT FROM THE APPLICATION OF DIVISION
(D) OF THAT SECTION.
(B) EXCEPT AS OTHERWISE REQUIRED BY THE REVISED
CODE, THE ADOPTION OF A RULE IN ACCORDANCE WITH CHAPTER 119.
OF THE REVISED
CODE DOES NOT MAKE THE DEPARTMENT OF JOB AND
FAMILY SERVICES, A COUNTY FAMILY SERVICES AGENCY, OR A WORKFORCE DEVELOPMENT
AGENCY SUBJECT TO THE NOTICE, HEARING, OR OTHER REQUIREMENTS OF SECTIONS
119.06 TO 119.13 OF THE REVISED CODE. AS USED IN THIS
DIVISION, "WORKFORCE DEVELOPMENT AGENCY" HAS THE SAME MEANING AS IN SECTION
6301.01 OF THE REVISED CODE.
Sec. 5101.10. The director of human JOB AND FAMILY services may
expend funds appropriated or
available to the department of human JOB AND FAMILY services
for the purposes of
the administration of, and training, education,
and research in, human
services from
public or
private entities, including other governmental agencies; public or private
institutions, organizations, agencies, and corporations; and individuals. For
purposes of this section, the director may enter into contracts or
agreements with public and private entities and make grants to
public and private entities. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE
DIRECTOR MAY ADVANCE FUNDS TO A GRANTEE WHEN NECESSARY FOR THE GRANTEE TO
PERFORM DUTIES UNDER THE GRANT AS SPECIFIED BY THE DIRECTOR.
The department DIRECTOR may adopt INTERNAL MANAGEMENT
rules in accordance with section 111.15 of the
Revised Code to
define terms and adopt procedures and other provisions necessary to implement
this section.
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25
5101.24 of the Revised
Code, county social service "WORKFORCE DEVELOPMENT
agency" and social service
duty "WORKFORCE DEVELOPMENT ACTIVITY" have the same
meanings as in section 307.981 6301.01 of the Revised Code.
(B) The director of human JOB AND FAMILY services shall enter
into a written partnership
agreement with each
board of county commissioners.
(C)(1) EACH PARTNERSHIP AGREEMENT SHALL INCLUDE PROVISIONS
regarding the administration and design of ALL OF the FOLLOWING:
(a) THE
Ohio works first program established under Chapter 5107.
of the Revised Code, the;
(b) THE prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, duties;
(c) DUTIES assumed by a
county department of human JOB AND FAMILY services pursuant to
an
agreement entered into under section 329.05 of the Revised Code,
and;
(d) ANY other
county department of human JOB AND FAMILY services' duties that
the director and board
mutually agree to include in the agreement;
(e) IF, FOR THE PURPOSE OF CHAPTER 6301. OF THE
REVISED CODE, THE
COUNTY THE BOARD SERVES IS A LOCAL AREA DEFINED IN DIVISION (A)(2)
OR (3) OF SECTION 6301.01 OF THE REVISED CODE, WORKFORCE
DEVELOPMENT ACTIVITIES PROVIDED BY THE WORKFORCE DEVELOPMENT AGENCY
ESTABLISHED OR DESIGNATED FOR THE LOCAL AREA. The director and board
may include in the
(2) EACH partnership agreement MAY INCLUDE provisions
regarding the
administration and design of the duties of child support enforcement agencies
and public children services agencies included in a plan of cooperation
entered into under section 307.983 of the Revised Code that the director and
board mutually
agree to include in the agreement. Social service
(D) FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT
ACTIVITIES included in the A PARTNERSHIP
agreement shall be vested in the board OF COUNTY COMMISSIONERS. The
agreement shall comply with
federal statutes and regulations, state statutes, and, except as provided
in division (B)(D)(9) of this
section, state rules governing the social service FAMILY
SERVICES duties OR WORKFORCE DEVELOPMENT ACTIVITIES included in the
agreement.
A partnership agreement shall include responsibilities
that the state department of human JOB AND FAMILY services
and, county social
service FAMILY SERVICES agencies administering social
service FAMILY SERVICES duties included in
the agreement, AND WORKFORCE DEVELOPMENT AGENCIES ADMINISTERING
WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED IN THE AGREEMENT must satisfy.
The agreement shall establish,
specify, or provide for all of the following:
(1) Requirements governing the administration and design
of, and county social service FAMILY SERVICES agencies' OR
WORKFORCE DEVELOPMENT AGENCIES' cooperation to enhance,
social service FAMILY SERVICES duties OR WORKFORCE
DEVELOPMENT ACTIVITIES included in the agreement;
(2) Outcomes that county social service FAMILY SERVICES
agencies OR WORKFORCE DEVELOPMENT AGENCIES are
expected to achieve from the administration and design of social
service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT
ACTIVITIES included in the agreement and assistance,
services, and technical support the state department will
provide the county social service FAMILY SERVICES agencies OR
WORKFORCE DEVELOPMENT AGENCIES to aid the agencies
in achieving the expected outcomes;
(3) Performance and other administrative standards county social
service FAMILY SERVICES agencies OR WORKFORCE DEVELOPMENT
AGENCIES
are required to meet in the design, administration, and outcomes of social
service FAMILY SERVICES duties OR WORKFORCE DEVELOPMENT
ACTIVITIES included in the agreement and assistance,
services, and technical support the state department will
provide the county social service FAMILY SERVICES agencies OR
WORKFORCE DEVELOPMENT AGENCIES to aid the agencies
in meeting the performance and other administrative standards;
(4) Criteria and methodology the state department will
use to evaluate whether expected outcomes are achieved and
performance and other administrative standards are met and county
social service FAMILY SERVICES agencies
OR WORKFORCE DEVELOPMENT AGENCIES will use to evaluate whether the
state department is providing
agreed upon assistance, services, and technical support;
(5) Annual financial, administrative, or other incentive
awards, if any, to be provided in accordance with section
5101.23 of the Revised
Code for exceeding performance and other administrative
standards;
(6) The state department taking action against a county
social service agency pursuant to division
(B)(C) of section 5101.24 of the Revised Code if division
(A)(B)(1), (2), or (3) of
that
section applies to the agency;
(7) The funding of social service FAMILY SERVICES duties OR
WORKFORCE DEVELOPMENT ACTIVITIES included in the
agreement and whether the state department will provide funding
for two or more county department of human services' duties
included in the agreement pursuant to ESTABLISH a combined
CONSOLIDATED funding
allocation under division (C)(E)
of this section. The agreement shall either specify the amount
of payments to be made for the social service FAMILY SERVICES
duties OR WORKFORCE DEVELOPMENT ACTIVITIES included in
the agreement or the method that will be used to determine the
amount of payments.
(8) Audits required by federal statutes and regulations
and state law and requirements for prompt release of audit
findings and prompt action to correct problems identified in an
audit;
(9) Which, if any, of the state department's rules will
be waived so that a policy provided for in the agreement may be
implemented;
(10) The method of amending or terminating the agreement
and an expedited process for correcting terms or conditions of
the agreement that the director and board OF COUNTY COMMISSIONERS agree
are
erroneous;
(11) Dispute resolution procedures for anticipated and
unanticipated disputes. The agreement may establish different
dispute resolution procedures for different types of disputes.
Dispute resolution procedures may include negotiation,
mediation, arbitration, adjudication conducted by a hearing
officer or fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An
agreement may not commence before it is entered into nor end
later than the last day of the state fiscal biennium for which
it is entered into.
(13) IF WORKFORCE DEVELOPMENT ACTIVITIES ARE INCLUDED IN THE AGREEMENT,
ALL OF THE FOLLOWING:
(a) THE WORKFORCE DEVELOPMENT PLAN PREPARED UNDER SECTION 6301.07
OF THE REVISED CODE TO BE ATTACHED TO AND INCORPORATED INTO
THE AGREEMENT;
(b) A DESCRIPTION OF THE SERVICES, AND A LIST OF THE CORE
SERVICES, PROVIDED IN THE ONE-STOP SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES
THE COUNTY SERVED BY
THE BOARD PARTICIPATES IN UNDER SECTION 6301.06 OF THE REVISED
CODE TO BE INCLUDED IN THE
AGREEMENT;
(c) IF THE COUNTY SERVED BY THE BOARD OF COUNTY COMMISSIONERS IS
IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION (A)(3) OF SECTION
6301.01 OF THE REVISED CODE, THE METHOD AND MANNER BY WHICH
THE
BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND THE CHIEF ELECTED
OFFICIAL OF A MUNICIPAL CORPORATION IN THE LOCAL AREA SHALL
COORDINATE WORKFORCE DEVELOPMENT ACTIVITIES AND RESOLVE
DISAGREEMENTS CONCERNING EITHER OF THE FOLLOWING:
(i) CHOICES CONCERNING SPECIFICALLY WHO TO APPOINT TO THE
WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.06 OF THE
REVISED CODE, WITHIN THE CRITERIA FOR MEMBERSHIP SET FORTH
IN THAT SECTION;
(ii) WHETHER A MEMBER OF THE WORKFORCE POLICY BOARD IS PERFORMING
SATISFACTORILY FOR PURPOSES OF SERVING AT THE PLEASURE OF THE CHIEF ELECTED
OFFICIALS OF THE LOCAL AREA.
(14) Other provisions determined necessary by the state department
and
the, BOARD, county social services FAMILY
SERVICES agency, AND WORKFORCE DEVELOPMENT AGENCY.
(C)(E) The state department
shall make payments authorized by a partnership agreement on vouchers it
prepares and may
include any funds appropriated or allocated to it for carrying
out social service FAMILY SERVICES duties OR WORKFORCE
DEVELOPMENT ACTIVITIES vested in the board of county
commissioners under the agreement, including funds for personal
services and maintenance.
(F)(1) To the extent practicable and not in conflict with federal
statutes or regulations, state law, or an appropriation made
by the general assembly, the department DIRECTOR may establish a
consolidated funding allocation for two ANY OF THE FOLLOWING:
(a) TWO or more of a county
department of human services' FAMILY SERVICES duties included in
the
agreement;
(b) TWO OR MORE WORKFORCE DEVELOPMENT ACTIVITIES INCLUDED IN THE
AGREEMENT;
(c) ONE OR MORE FAMILY SERVICES DUTIES AND WORKFORCE DEVELOPMENT
ACTIVITIES INCLUDED IN THE AGREEMENT.
(2) THE CONSOLIDATED FUNDING ALLOCATION MAY BE FOR EITHER OF THE
FOLLOWING:
(a) A COUNTY THAT IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION
(A)(2) OF SECTION 6301.01 OF THE REVISED CODE;
(b) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND ONE OR
MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION
(A)(3) OF SECTION 6301.01 OF THE
REVISED CODE THAT ARE COORDINATING AND INTEGRATING
WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA.
A
(3)
A county department of human FAMILY services AGENCY OR
WORKFORCE DEVELOPMENT AGENCY shall use
funds available
in a consolidated funding allocation only for the purpose for which the funds
were appropriated.
(D) The director of
human services may enter into partnership agreements with
one or more boards of county commissioners at a time but an
agreement must be entered into with each board not later than
January 1, 2000. Until a partnership agreement with a board is
entered into and implemented, a county
social service agency serving the county that the board serves
shall perform its social service duties in the manner they are
performed on October
1, 1997, with the
exception that a county social services agency may implement
changes authorized by federal statutes or regulations, state statutes, or
state department rules.
Sec. 5101.211. The director of human JOB AND FAMILY services
may enter into a written
agreement with one or more state agencies, as defined in section
117.01 of the Revised
Code, and state universities
and colleges to assist in the coordination, provision, or
enhancement of the social service FAMILY SERVICES duties of a
county social
service FAMILY SERVICES agency OR THE WORKFORCE DEVELOPMENT
ACTIVITIES OF A WORKFORCE DEVELOPMENT AGENCY. The director also may enter
into written
agreements or contracts with, or issue grants to, private and
government entities under which funds are provided for the
enhancement or innovation of human service FAMILY SERVICES OR
WORKFORCE DEVELOPMENT activities on the
state or local level. The terms of an agreement, contract, or grant
under this section may be incorporated into a partnership
agreement the director enters into with a board of county
commissioners under section 5101.21 OR WITH THE CHIEF ELECTED OFFICIAL OF A
MUNICIPAL CORPORATION UNDER SECTION 5101.213 of the Revised
Code, if the director and board OR CHIEF ELECTED OFFICIAL
and state agency, state university or college, or private or
government entity agree.
THE DIRECTOR MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION
111.15 of the Revised Code TO IMPLEMENT THIS SECTION.
Sec. 5101.213. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE CHIEF ELECTED OFFICIAL OF
A
MUNICIPAL CORPORATION REQUIRED BY SECTION
6301.05 OF THE REVISED CODE TO ENTER INTO A PARTNERSHIP
AGREEMENT
UNDER THIS SECTION. A PARTNERSHIP AGREEMENT SHALL INCLUDE THE TYPES OF
PROVISIONS REGARDING WORKFORCE DEVELOPMENT ACTIVITIES THAT A
PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OF THE
REVISED CODE IS REQUIRED TO
INCLUDE.
(B) TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL
STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION MADE BY THE GENERAL ASSEMBLY, THE DIRECTOR MAY ESTABLISH A CONSOLIDATED
FUNDING ALLOCATION FOR TWO OR MORE WORKFORCE DEVELOPMENT
ACTIVITIES INCLUDED IN A PARTNERSHIP AGREEMENT. THE CONSOLIDATED
FUNDING ALLOCATION MAY BE FOR EITHER OF THE FOLLOWING:
(1) A MUNICIPAL CORPORATION THAT IS THE TYPE OF LOCAL AREA
DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE REVISED CODE;
(2) TWO OR MORE COUNTIES, OR A MUNICIPAL CORPORATION AND ONE OR
MORE COUNTIES, IN THE TYPE OF LOCAL AREA DEFINED IN DIVISION
(A)(3) OF SECTION
6301.01 OF THE REVISED CODE THAT ARE COORDINATING AND
INTEGRATING WORKFORCE DEVELOPMENT ACTIVITIES IN THE LOCAL AREA.
A WORKFORCE DEVELOPMENT AGENCY SHALL USE FUNDS AVAILABLE IN A
CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH THE FUNDS
WERE APPROPRIATED.
Sec. 5101.22. The department of human JOB AND FAMILY services
may establish performance and other administrative standards for the
administration and outcomes of social
service FAMILY SERVICES duties AND WORKFORCE DEVELOPMENT
ACTIVITIES and determine at intervals the department
decides the degree to which a county social service FAMILY
SERVICES agency OR WORKFORCE DEVELOPMENT AGENCY
complies with a performance or other administrative standard. The
department may use
statistical sampling, performance audits, case reviews, or other
methods it determines necessary and appropriate to determine
compliance with performance and administrative standards.
A performance or other administrative standard established under this section
for
a social service FAMILY SERVICE duty OR WORKFORCE DEVELOPMENT
ACTIVITY does not apply to a county
social service FAMILY SERVICES
agency OR WORKFORCE DEVELOPMENT AGENCY administering the duty if a
different performance or administrative
standard is specified for the agency's administration of the
duty OR ACTIVITY pursuant to a partnership agreement entered into under
section 5101.21 OR 5101.213 of the Revised
Code.
Sec. 5101.23. Subject to the availability of funds, the
department of human JOB AND FAMILY services may provide annual
financial,
administrative, or other incentive awards to county social
service FAMILY SERVICES agencies that exceed performance and
other administrative
standards specified in
a partnership agreement entered into under section 5101.21 or established
under section 5101.22 of the Revised Code. The amount of a
financial incentive award shall be based on the degree to which
a county social service agency exceeds a performance or other
administrative standard and the amount of money available in the social
services incentive fund established under this section AND WORKFORCE
DEVELOPMENT AGENCIES. A county social
service FAMILY SERVICES agency OR WORKFORCE DEVELOPMENT
AGENCY may spend funds provided as a financial incentive
award only for the purpose for which the funds are appropriated.
The department may adopt internal management rules in accordance with
section 111.15 of the Revised Code to establish the amounts of awards,
methodology for distributing the awards, types of awards, and standards for
administration by the department.
There is hereby created in the state treasury the social
services incentive fund. The director of human JOB AND FAMILY
services may
request that the director of budget and management transfer
funds in the Title IV-A reserve fund created under
section 5101.82 of the Revised Code and other funds appropriated for social
service FAMILY SERVICES duties OR WORKFORCE INVESTMENT
ACTIVITIES into the fund. If the director of budget and management
determines that the funds
identified by the director of human JOB AND FAMILY services are
available and
appropriate for transfer, the director of budget and management
shall make the transfer. Money in the fund shall be used to
provide incentive awards under this section.
Sec. 5101.24. (A) AS USED IN THIS SECTION, "RESPONSIBLE ENTITY" MEANS THE
FOLLOWING:
(1) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT ACTIVITY
INVOLVED IS INCLUDED IN A PARTNERSHIP AGREEMENT A BOARD OF COUNTY
COMMISSIONERS AND THE DIRECTOR OF JOB AND FAMILY SERVICES ENTERS INTO
UNDER SECTION 5101.21 OF THE REVISED CODE, THE
BOARD
REGARDLESS OF THE FACT THAT
A COUNTY FAMILY SERVICES AGENCY PERFORMS THE FAMILY SERVICES
DUTY OR A WORKFORCE DEVELOPMENT AGENCY PERFORMS THE WORKFORCE DEVELOPMENT
ACTIVITY.
(2) IF THE FAMILY SERVICES DUTY OR WORKFORCE DEVELOPMENT ACTIVITY
INVOLVED IS NOT INCLUDED IN A PARTNERSHIP AGREEMENT, THE COUNTY FAMILY
SERVICES AGENCY OR WORKFORCE DEVELOPMENT AGENCY.
(B) The department of human JOB AND FAMILY services
may
take action against a county social service agency under
division (B)(C) of this section AGAINST THE RESPONSIBLE
ENTITY if the department determines
any of the following apply to the COUNTY FAMILY SERVICES agency as
regards a social
service PERFORMING THE FAMILY SERVICES duty OR WORKFORCE
DEVELOPMENT AGENCY PROVIDING THE WORKFORCE DEVELOPMENT ACTIVITY:
(1) The agency fails to meet a performance standard
specified in a partnership agreement entered into under section 5101.21
or
established under section 5101.22 of the Revised Code FOR THE DUTY OR
ACTIVITY;
(2) The agency fails to comply with a requirement
established by federal statute or regulations, state statute, or a
department rule FOR THE DUTY OR ACTIVITY;
(3) The agency is solely or partially responsible for, or
contributes to, an adverse audit or quality control finding,
final disallowance of federal financial participation, or other
sanction or penalty REGARDING THE DUTY OR ACTIVITY.
(B)(C) The
department may take one or more of the
following actions against a county social service agency THE
RESPONSIBLE ENTITY if
division (A)(B)(1), (2), or (3) of
this section applies to the agency:
(1) Require the agency RESPONSIBLE ENTITY to submit to and
comply with a
corrective action plan pursuant to a time schedule specified by
the department;
(2) REQUIRE THE RESPONSIBLE ENTITY TO DO ONE OF THE FOLLOWING:
(a)SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF FEDERAL
FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY;
(b)REIMBURSE THE DEPARTMENT THE AMOUNT THE DEPARTMENT PAYS TO
THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THAT REPRESENTS THE AMOUNT THE AGENCY
IS RESPONSIBLE FOR OF
AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF
FEDERAL FINANCIAL PARTICIPATION, OR OTHER SANCTION OR PENALTY
ISSUED BY THE FEDERAL GOVERNMENT OR OTHER ENTITY;
(c)PAY THE FEDERAL GOVERNMENT OR ANOTHER ENTITY THE AMOUNT THAT
REPRESENTS THE AMOUNT THE AGENCY IS RESPONSIBLE FOR OF AN ADVERSE
AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL
FINANCIAL PARTICIPATION, OR OTHER SANCTION OR PENALTY ISSUED BY
THE FEDERAL GOVERNMENT OR OTHER ENTITY.
(3) Impose a financial or administrative sanction OR ADVERSE
AUDIT ISSUED BY THE DEPARTMENT against
the agency, which may include requiring the agency to share with
the department a final disallowance of federal financial
participation or other sanction or penalty RESPONSIBLE ENTITY. A
sanction may be
increased if the department has previously taken action against
the agency RESPONSIBLE ENTITY under this division.
(3)(4) Perform a social service, OR CONTRACT
WITH A GOVERNMENT OR PRIVATE ENTITY FOR THE ENTITY TO PERFORM, THE FAMILY
SERVICES duty for the agency OR WORKFORCE DEVELOPMENT
ACTIVITY until
the department is satisfied that the agency RESPONSIBLE ENTITY
ENSURES THAT THE DUTY OR ACTIVITY will perform the
duty BE PERFORMED satisfactorily. If the department
administers PERFORMS OR CONTRACTS WITH AN ENTITY TO PERFORM a
social
service FAMILY SERVICES duty OR WORKFORCE DEVELOPMENT
ACTIVITY under division
(B)(3) (C)(4) of this section, the
department may spend DO EITHER OF THE FOLLOWING:
(a) SPEND funds in the county treasury appropriated
for the duty OR ACTIVITY;
(b) WITHHOLD FUNDS ALLOCATED TO THE RESPONSIBLE ENTITY FOR THE
DUTY OR ACTIVITY AND SPEND THE FUNDS FOR THE DUTY OR ACTIVITY.
(4)(5) Request that the attorney general bring mandamus
proceedings to compel the agency RESPONSIBLE ENTITY to take or
cease the action
that causes division (A)(B)(1),
(2), or (3) of this section to apply to the agency. The
attorney general shall bring mandamus proceedings in the
Franklin county court of
appeals at the department's request.
(C)(D) If the department
decides to take action against a county social service agency
THE RESPONSIBLE ENTITY under division (B)(C) of this
section, the department shall notify the agency, board of county
commissioners, RESPONSIBLE ENTITY and county auditor.
THE NOTICE SHALL BE in writing.
The county social service agency RESPONSIBLE ENTITY may request
an
administrative review of the A proposed action, OTHER
THAN A PROPOSED ACTION UNDER DIVISION (C)(5) OF THIS
SECTION, by sending a
written request to the department not later than THE FOLLOWING:
(1) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(1) OF
THIS SECTION, FIFTEEN DAYS AFTER THE DEPARTMENT MAILS THE NOTICE
TO THE RESPONSIBLE ENTITY. IF IT RECEIVES SUCH A
REQUEST WITHIN THE REQUIRED TIME, THE DEPARTMENT SHALL POSTPONE
TAKING ACTION UNDER DIVISION (C)(1) OF THIS SECTION FOR FIFTEEN
DAYS FOLLOWING THE DAY IT RECEIVES THE REQUEST. THE DEPARTMENT AND
RESPONSIBLE ENTITY
SHALL ATTEMPT TO RESOLVE ANY DISPUTE DURING THAT FIFTEEN-DAY PERIOD.
(2) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(2) OF
THIS SECTION, FORTY-FIVE DAYS AFTER THE DEPARTMENT MAILS THE
NOTICE TO THE RESPONSIBLE ENTITY. THE ADMINISTRATIVE REVIEW SHALL
BE LIMITED SOLELY TO THE ISSUE OF THE AMOUNT THE RESPONSIBLE
ENTITY SHALL SHARE WITH THE DEPARTMENT, REIMBURSE THE DEPARTMENT,
OR PAY TO THE FEDERAL GOVERNMENT OR ANOTHER ENTITY UNDER DIVISION
(C)(2) OF THIS SECTION. THE DEPARTMENT AND RESPONSIBLE ENTITY
SHALL ATTEMPT TO RESOLVE ANY DISPUTE WITHIN SIXTY DAYS.
(3) IN THE CASE OF A PROPOSED ACTION UNDER DIVISION (C)(3) OR (4)
OF THIS SECTION, forty-five days
after the department mails the notice to the agency RESPONSIBLE
ENTITY. If an
administrative review is requested, the department and agency
may enter into a written agreement setting forth the dispute
resolution procedures to be used to resolve the dispute and any
other procedural matters the department and agency agree will
assist in reaching a prompt, fair, and equitable resolution. If
THE DEPARTMENT AND RESPONSIBLE ENTITY SHALL ATTEMPT TO RESOLVE ANY
DISPUTE WITHIN SIXTY DAYS.
IF the department and agency RESPONSIBLE ENTITY fail to
enter into such an agreement
not later than sixty days after the agency requests the
administrative review RESOLVE ANY DISPUTE WITHIN THE REQUIRED TIME,
the department shall conduct a hearing in
accordance with Chapter 119. of
the Revised
Code, except that the
department, notwithstanding section 119.07 of the
Revised
Code, is not required to
schedule the hearing within fifteen days of the agency's RESPONSIBLE
ENTITY'S request.
(E) THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ADOPT
RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code AS NECESSARY TO
IMPLEMENT THIS SECTION.
Sec. 5101.25. The department of human services, in
consultation with county representatives, shall develop annual
training goals and model training curriculum for employees of
county social FAMILY services agencies and
identify a variety of state funded training opportunities to
meet the proposed goals.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a human
FAMILY services program:
(a) The department of human JOB AND FAMILY services;
(b) A county department of human JOB AND FAMILY services;
(c) A public children services agency;
(d) A private or government entity administering, in whole or in
part, a human FAMILY services program for or on behalf
of the department of human JOB AND FAMILY services or a county
department of human service JOB AND FAMILY SERVICES or public
children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a human FAMILY
services program
who is entitled by federal or
state law to a hearing
regarding a decision or order of the
agency that administers the program.
(3) "Human FAMILY services program" means assistance provided
under
Chapter 5104., 5107., 5108., 5111., or 5115. or section 173.35,
5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 of the
Revised Code, other than
assistance provided under section 5101.46 of the
Revised Code by the department of mental health,
the department of mental retardation and developmental
disabilities, a board of alcohol, drug addiction, and mental
health services, or a county board of mental retardation and
developmental disabilities.
(B) An appellant who appeals under federal or state law a
decision or order of an agency administering a human FAMILY
services
program shall, at the appellant's
request, be granted a
state hearing by the department of human JOB AND FAMILY
services.
This state hearing shall be
conducted in accordance with rules adopted under this section. The
state hearing shall be tape-recorded, but neither the recording
nor a transcript of the recording shall be part of the official
record of the proceeding. A state hearing decision is binding
upon the agency and department, unless it is reversed or modified on
appeal to the director of human JOB AND FAMILY services or a
court of common
pleas.
(C) An appellant who disagrees with a state hearing
decision may make an administrative appeal to the director of human
JOB AND FAMILY
services in accordance with rules adopted
under this section. This
administrative appeal does not require a hearing, but the
director or the director's
designee
shall review the
state hearing decision and previous administrative action and may
affirm, modify, remand, or reverse the state hearing decision.
Any person designated to make an administrative appeal decision
on behalf of the director shall have been admitted to the
practice of law in this state. An administrative appeal decision
is the final decision of the department and is binding upon
the department and
agency, unless it is reversed or modified on
appeal
to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant to
division
(B) or (C) of this section within the time limits established by
rules adopted under this section.
If a county department of human JOB AND FAMILY services or a
public children
services agency fails to comply within these time limits, the
department may take action pursuant to section
5101.24
of the Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds due the
agency or imposing another sanction established by rules adopted under this
section.
(E) An appellant who disagrees with an administrative
appeal decision of the director of human JOB AND FAMILY services
or the director's designee issued under division (C)
of this section may appeal from the decision to the court of
common pleas pursuant to section 119.12 of the Revised Code. The
appeal shall be governed by section 119.12 of the Revised Code
except that:
(1) The person may appeal to the court of common pleas of
the county in which the person resides, or to the court of
common pleas
of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as
an indigent and, if the court grants this application, the
appellant shall not be required to furnish the costs of the
appeal.
(3) The appellant shall mail the notice of appeal to the
department of human JOB AND FAMILY services and file notice of
appeal
with
the court within
thirty days after the department mails the administrative
appeal decision to the appellant. For good cause shown, the
court may extend the time for mailing and filing notice of
appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision.
Filing notice of appeal with the court shall be the only act
necessary to vest jurisdiction in the court.
(4) The department shall be required to file a
transcript of the testimony of the state hearing with the court
only if the court orders the department to file the transcript.
The court shall make such an order only if it finds that the
department and the appellant are unable to stipulate to the facts
of the case and that the transcript is essential to a
determination of the appeal. The department shall file the
transcript not later than thirty days after the day such an order
is issued.
(F) The department of human JOB AND FAMILY services shall adopt
rules
in accordance with Chapter 119. of the Revised
Code to implement this section, including rules governing
the following:
(1) State hearings under division (B) of this section;
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under division
(D) of this section.
(G) THE REQUIREMENTS OF CHAPTER 119. of the Revised Code APPLY TO A
STATE HEARING OR ADMINISTRATIVE APPEAL UNDER THIS SECTION ONLY TO THE EXTENT,
IF ANY, SPECIFICALLY PROVIDED BY RULES ADOPTED UNDER THIS SECTION.
Sec. 5101.351. THE DEPARTMENT OF JOB AND FAMILY SERVICES MAY
EMPLOY OR CONTRACT WITH HEARING OFFICERS TO DRAFT AND RECOMMEND STATE
HEARING DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE
REVISED CODE. THE DEPARTMENT MAY
EMPLOY OR CONTRACT WITH HEARING AUTHORITIES TO ISSUE STATE HEARING
DECISIONS UNDER DIVISION (B) OF SECTION 5101.35 OF THE
REVISED CODE. A HEARING
AUTHORITY EMPLOYED OR CONTRACTED WITH ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE
BEEN ADMITTED TO THE PRACTICE OF LAW IN THIS STATE. A HEARING
AUTHORITY EMPLOYED OR CONTRACTED WITH BEFORE THE EFFECTIVE DATE OF
THIS SECTION IS NOT REQUIRED TO HAVE BEEN ADMITTED TO THE PRACTICE
OF LAW IN THIS STATE.
Sec. 5101.37. (A) The department of human JOB AND FAMILY
services and
each county department of human JOB AND FAMILY services and
child support enforcement
agency may make any investigations
that are necessary in the performance of their duties, and to
that end they shall have the same power as a judge of a county
court to administer oaths and to enforce the attendance and
testimony of witnesses and the production of books or papers.
The department and each county department
and agency
shall keep a record of their investigations stating the time,
place, charges or subject, witnesses summoned and examined, and
their conclusions.
In matters involving the conduct of an officer, a
stenographic report of the evidence shall be taken and a copy of
the report, with all documents introduced, kept on file at the
office of the department, county department, or
agency.
The fees of witnesses for attendance and travel shall be
the same as in the court of common pleas, but no officer or
employee of the institution under investigation is entitled to
such fees.
(B) In conducting hearings pursuant to sections 3113.21 to
3113.216 or pursuant to division (B) of section
5101.35 of the
Revised Code, the department and each child support enforcement
agency have the same power as a judge of a county court to
administer oaths and to enforce the attendance and testimony of
witnesses and the production of books or papers. The department
and each agency shall keep a record of those hearings stating the
time, place, charges or subject, witnesses summoned and examined,
and their conclusions.
The issuance of a subpoena by the department or a child
support enforcement agency to enforce attendance and testimony of
witnesses and the production of books or papers at a hearing is
discretionary and the department or agency is not required to pay
the fees of witnesses for attendance and travel.
(C) Any judge of any division of the court of
common pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the department, county department, or
agency, by a judgment for
contempt or otherwise, in the same manner as in cases before
those courts.
Sec. 5101.38. The department of human JOB AND FAMILY services
may appoint and
commission any
competent officer, employee, agency, or person to serve as a
special agent,
investigator, or representative to perform a designated duty for
and in behalf
of the department. Specific credentials shall be given by the
department to
each person so designated, and each credential shall state:
(A) The person's name;
(B) Agency with which such person is connected;
(C) Purpose of appointment;
(D) Date of expiration of appointment, if appropriate;
(E) Such information as the department considers proper.
Sec. 5101.47. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES MAY
ACCEPT APPLICATIONS, DETERMINE ELIGIBILITY, AND PERFORM RELATED
ADMINISTRATIVE ACTIVITIES FOR ONE OR MORE OF THE FOLLOWING:
(1) THE MEDICAID PROGRAM ESTABLISHED BY CHAPTER 5111. OF THE
REVISED CODE;
(2) THE CHILDREN'S HEALTH
INSURANCE PROGRAM PARTS I AND II
PROVIDED FOR UNDER SECTIONS 5101.50 AND 5101.51 OF THE REVISED
CODE;
(3) PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER CHAPTER 5104.
OF THE REVISED CODE;
(4) OTHER PROGRAMS THE DIRECTOR DETERMINES ARE SUPPORTIVE OF
CHILDREN OR FAMILIES WITH AT LEAST ONE EMPLOYED MEMBER.
(B) IF THE DIRECTOR ELECTS TO ACCEPT APPLICATIONS, DETERMINE
ELIGIBILITY, AND PERFORM RELATED ADMINISTRATIVE ACTIVITIES FOR A PROGRAM
SPECIFIED IN OR PURSUANT TO DIVISION (A) OF THIS SECTION,
BOTH OF THE FOLLOWING APPLY:
(1) AN INDIVIDUAL SEEKING SERVICES UNDER THE PROGRAM MAY APPLY
FOR THE PROGRAM TO THE DIRECTOR OR TO THE ENTITY THAT STATE LAW
GOVERNING THE PROGRAM AUTHORIZES TO ACCEPT APPLICATIONS FOR THE
PROGRAM.
(2) THE DIRECTOR IS SUBJECT TO FEDERAL AND STATE LAW THAT
REQUIRE, PERMIT, OR PROHIBIT AN ACTION REGARDING ACCEPTING APPLICATIONS,
DETERMINING ELIGIBILITY, AND PERFORMING RELATED ADMINISTRATIVE
ACTIVITIES FOR THE PROGRAM.
(C) THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO IMPLEMENT THIS
SECTION.
Sec. 5101.80. (A) The department of human JOB AND FAMILY
services
shall do all of the following:
(1) Prepare and submit to the United States secretary of
health and human services a Title IV-A state
plan, and amendments to the plan that the department determines
necessary, for the
Ohio works first program established under Chapter 5107.
of the Revised Code and the prevention, retention, and contingency program
established under
Chapter 5108. of the Revised Code;
(2) Prescribe forms for applications, certificates,
reports, records, and accounts of county
departments of human JOB AND FAMILY services, and
other matters related to the Ohio works first program and the
prevention, retention, and contingency program;
(3) Make such reports, in such form and containing such
information as the department may find necessary
to assure
the correctness and verification of such reports, regarding the
Ohio works first program and the prevention, retention, and
contingency program;
(4) Require reports and information from each county
department of human JOB AND FAMILY services as may be necessary
or advisable regarding the Ohio works first program and the
prevention, retention, and contingency program;
(5) Afford a fair hearing in accordance with section 5101.35
of the Revised Code to any applicant for,
or participant or former participant of, the Ohio works first program
or the prevention, retention, and contingency program aggrieved by a decision
regarding either program;
(6) Administer and expend, pursuant to
Chapters 5107. and 5108. of the Revised Code, any
sums appropriated by the general assembly for the purpose of those
chapters
and all sums paid to the state by the
secretary of the
treasury of the United States as authorized by
Title IV-A of the
"Social Security Act," 49 Stat. 620 (1935),
42 U.S.C. 301, as amended;
(7) Conduct investigations as are necessary
regarding the Ohio works first program and the prevention,
retention, and contingency program;
(8) Enter into reciprocal agreements with other states
relative to the provision of Ohio
works first and prevention, retention, and contingency to
residents and nonresidents;
(9) Contract with a private entity to
conduct an independent on-going evaluation of the
Ohio works first program and the prevention, retention, and
contingency program. The
contract must require the private entity
to do all of the following:
(a) Examine issues of process, practice, impact, and outcomes;
(b) Study former participants of Ohio works first who
have not
participated in Ohio works first for at least one year to determine
whether they
are employed, the type of employment in which they are engaged, the amount of
compensation they are receiving, whether their employer provides health
insurance, whether and how often they have received assistance or services
under the prevention, retention, and contingency program, and whether they
are successfully self sufficient;
(c) Provide the department an initial report of the evaluation
not later than two years after the effective date of this amendment
OCTOBER 1, 1997, and provide subsequent reports at
times the department
specifies.
(10) Not later than
March 1, 1998, and the first day
of each September and
March thereafter until
September 1, 2001, prepare a
county by county report concerning individuals who cease to
participate in Ohio works first that contains the reasons the
individuals ceased to participate, including employment, marital
status, and relocation;
(11) Not later than
January 1, 2001, and the first
day of each January and
July thereafter, prepare a
report containing information on the following:
(a) A county by county breakdown of individuals
who cease to participate in Ohio works first and the reasons
the individuals ceased to participate, including exhausting the
time limits for participation set forth in section
5107.18 of the Revised
Code.
(b) Individuals who have been exempted from the
time limits set forth in section 5107.18 of the
Revised
Code and the reasons for the
exemption.
(12) NOT LATER THAN JANUARY 1, 2001, AND ON A QUARTERLY
BASIS THEREAFTER UNTIL DECEMBER 1, 2003, PREPARE, TO THE EXTENT THE
NECESSARY DATA IS AVAILABLE TO THE DEPARTMENT, A
REPORT BASED ON INFORMATION DETERMINED UNDER SECTION 5107.80 of the Revised Code
THAT STATES HOW MANY
FORMER OHIO WORKS FIRST PARTICIPANTS ENTERED THE WORKFORCE DURING THE
MOST RECENT
PREVIOUS QUARTER FOR WHICH THE INFORMATION IS KNOWN AND INCLUDES INFORMATION
REGARDING THE EARNINGS OF THOSE FORMER PARTICIPANTS. THE REPORT
SHALL INCLUDE A COUNTY-BY-COUNTY BREAKDOWN AND SHALL NOT CONTAIN THE NAMES OR
SOCIAL SECURITY NUMBERS OF FORMER
PARTICIPANTS.
(B) The department shall provide copies of the reports it
receives under division (A)(9)
of this section and prepares under divisions
(A)(10) and, (11), AND (12)
of this
section to the governor, the president and minority leader of
the senate, and the speaker and minority leader of the house of
representatives. The department shall provide copies of the
reports to any private or government entity on request.
(C) An authorized representative of the department or a county
department of human JOB AND FAMILY services shall have access to
all records and information
bearing thereon for the purposes of investigations conducted pursuant to this
section.
Sec. 5101.97. (A)(1) Not later than
January 1, 1998, and the first
day of each July and January thereafter, the
department of human JOB AND FAMILY services shall complete a
report on the characteristics
of the
individuals who participate in or receive services through the
programs operated by the department and the outcomes of the
individuals' participation in or receipt of services through the
programs. The report shall include information on
the following:
(a) Work activities, developmental activities, and alternative
work activities established under
sections 5107.40 to 5107.69 of the
Revised Code;
(b) Programs of publicly funded child day-care, as defined
in section 5104.01 of the Revised Code;
(c) Child support enforcement programs;
(d) Births to recipients of the medical assistance program
established under Chapter 5111. of the Revised Code.
(2) Not later than
July 1, 1999, and the first day
of each July thereafter, the
department shall complete a progress report on the partnership
agreements between the director of human JOB AND FAMILY services
and boards of
county commissioners under section 5101.21 of the
Revised Code. The report shall include a
review of whether the county social service FAMILY SERVICES
agencies
AND WORKFORCE DEVELOPMENT AGENCIES satisfied performance standards
included in the agreements and whether the
department provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance standards.
(3) The department shall submit the
reports required under divisions (A)(1) and (2) of this
section to the speaker and minority leader of the house of
representatives, the president and minority leader of the
senate, the legislative budget officer, the director of budget
and management, and each board of county commissioners. The
department shall provide copies of each report to any person or
government entity on request.
In designing the format for each report, the department
shall consult with individuals, organizations, and government
entities interested in the programs operated by the department, so that
the reports are designed to enable the
general assembly and the public to evaluate the effectiveness
of the programs and identify any needs that the programs
are not meeting.
(B) Whenever the
federal government requires that the department submit a report
on a program that is operated by the department or is otherwise
under the department's jurisdiction, the department shall
prepare and submit the report in accordance with the federal
requirements applicable to that report. To the extent possible,
the department may coordinate the preparation and submission of
a particular report with any other report, plan, or other
document required to be submitted to the federal government, as
well as with any report required to be submitted to the general
assembly. The reports required by the Personal
Responsibility and
Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may be submitted as an annual
summary.
Sec. 5103.02. As used in sections 5103.03 to 5103.19 5103.17
of
the Revised Code:
(A) "Institution" or "association" includes any
incorporated or unincorporated organization, society,
association, or agency, public or private, that receives or cares
for children for two or more consecutive weeks;
any individual who, for hire, gain, or reward, receives or cares
for children for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in the
regular employ of a court, or of an
institution or association certified in accordance with section
5103.03 of the Revised Code, who in any manner becomes a party to
the placing of children in foster homes, unless the individual is
related to such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society,
association, school, agency, child guidance center, detention or
rehabilitation facility, or children's clinic licensed,
regulated, approved, operated under the direction of, or
otherwise certified by the department of education, a local board
of education, the department of youth services, the department of
mental health, or the department of mental retardation and
developmental disabilities, or any individual who provides care
for only a single-family group, placed there by their parents or
other relative having custody, shall not be considered as being
within the purview of these sections.
(B) "Family foster home"
has the same meaning as in section 2151.011 of
the Revised Code.
(C) "Treatment foster home" means a family foster home that
incorporates special psychological or medical treatment designed to care for
the specific needs of the children received in the family foster home and that
receives and cares for children who are emotionally or behaviorally disturbed,
medically fragile requiring special medical treatment due to physical ailment
or condition, mentally retarded, or developmentally disabled.
Sec. 5107.80. THE DIRECTOR OF JOB AND FAMILY SERVICES, USING
INFORMATION PROVIDED BY EMPLOYERS UNDER SECTION 5101.312 OF THE
REVISED
CODE, SHALL DETERMINE QUARTERLY WHETHER
INDIVIDUALS WHO HAVE CEASED TO PARTICIPATE IN
OHIO WORKS FIRST HAVE ENTERED
THE WORKFORCE.
Sec. 6301.01. AS USED IN THIS CHAPTER:
(A) "LOCAL AREA" MEANS ANY OF THE FOLLOWING:
(1) A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO ADMINISTER AND
ENFORCE THE "WORKFORCE INVESTMENT ACT OF 1998," 112
STAT. 936, 29 U.S.C.A.
2801, AS AMENDED, UNDER THIS CHAPTER AND IS NOT JOINING IN PARTNERSHIP WITH
ANY
OTHER POLITICAL SUBDIVISIONS IN ORDER TO DO SO;
(2) A SINGLE COUNTY;
(3) A CONSORTIUM OF ANY OF THE FOLLOWING POLITICAL SUBDIVISIONS:
(a) A GROUP OF TWO OR MORE COUNTIES IN THE STATE;
(b) ONE OR MORE COUNTIES AND ONE MUNICIPAL CORPORATION IN THE
STATE;
(c) ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL
CORPORATION IN THE STATE AND ONE OR MORE COUNTIES WITH OR WITHOUT ONE MUNICIPAL CORPORATION IN ANOTHER
STATE, ON THE CONDITION THAT THOSE IN ANOTHER STATE SHARE A LABOR
MARKET AREA WITH THOSE IN THE STATE.
"LOCAL AREA" DOES NOT MEAN A REGION FOR PURPOSES OF DETERMINATIONS
CONCERNING ADMINISTRATIVE INCENTIVES.
(B)
"MUNICIPAL CORPORATION" MEANS A
MUNICIPAL CORPORATION THAT IS ELIGIBLE FOR AUTOMATIC OR TEMPORARY DESIGNATION
AS A LOCAL WORKFORCE
INVESTMENT AREA PURSUANT TO SECTION 116(a)(2) OR (3) OF THE
"WORKFORCE INVESTMENT ACT OF
1998," 112 STAT. 936, 29
U.S.C.A.
2831(a)(2) OR (3), BUT THAT DOES NOT REQUEST THAT THE GOVERNOR
GRANT SUCH AUTOMATIC OR TEMPORARY DESIGNATION, AND THAT INSTEAD ELECTS TO
ADMINISTER
AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES PURSUANT TO THIS
CHAPTER.
(C) "COUNTY" MEANS A COUNTY THAT IS ELIGIBLE TO BE
DESIGNATED AS
A LOCAL WORKFORCE INVESTMENT AREA PURSUANT TO THE "WORKFORCE
INVESTMENT ACT OF 1998," 112
STAT. 936, 29 U.S.C.A. 2801, AS
AMENDED, BUT THAT DOES NOT REQUEST SUCH DESIGNATION, AND INSTEAD ELECTS
TO ADMINISTER AND ENFORCE WORKFORCE DEVELOPMENT ACTIVITIES PURSUANT TO
THIS CHAPTER.
(D)
"WORKFORCE DEVELOPMENT AGENCY" MEANS THE ENTITY GIVEN
RESPONSIBILITY FOR WORKFORCE DEVELOPMENT ACTIVITIES THAT IS DESIGNATED BY THE
BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH
SECTION 330.04 OF THE REVISED CODE, THE CHIEF ELECTED
OFFICIAL OF A MUNICIPAL CORPORATION IN ACCORDANCE WITH SECTION 763.05 OF THE
REVISED CODE, OR THE CHIEF
ELECTED OFFICIALS OF A LOCAL AREA DEFINED IN DIVISION (A)(3) OF
THIS SECTION.
(E) "WORKFORCE DEVELOPMENT ACTIVITY" MEANS A PROGRAM, GRANT, OR
OTHER FUNCTION, THE PRIMARY GOAL OF WHICH IS TO DO ONE OR MORE OF THE
FOLLOWING:
(1) HELP INDIVIDUALS MAXIMIZE THEIR EMPLOYMENT OPPORTUNITIES;
(2) HELP EMPLOYERS GAIN ACCESS TO SKILLED WORKERS;
(3) HELP EMPLOYERS RETAIN SKILLED WORKERS;
(4) HELP DEVELOP OR ENHANCE THE SKILLS OF INCUMBENT WORKERS;
(5) IMPROVE THE QUALITY OF THE STATE'S WORKFORCE;
(6) ENHANCE THE PRODUCTIVITY AND COMPETITIVENESS OF THE STATE'S
ECONOMY.
(F) "CHIEF ELECTED OFFICIALS," WHEN USED IN REFERENCE TO A LOCAL
AREA, MEANS THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OR OF EACH COUNTY IN THE
LOCAL AREA
OR, IF THE COUNTY HAS ADOPTED
A CHARTER UNDER SECTION 3 OF
ARTICLE
X,
OHIO
CONSTITUTION, THE CHIEF GOVERNING
BODY OF THAT COUNTY, AND THE CHIEF ELECTED OFFICIAL OF THE MUNICIPAL
CORPORATION,
IF THE LOCAL AREA INCLUDES A MUNICIPAL CORPORATION, EXCEPT THAT
WHEN THE LOCAL AREA IS THE TYPE DEFINED IN DIVISION (A)(1) OF THIS
SECTION, "CHIEF ELECTED OFFICIALS" MEANS THE CHIEF ELECTED OFFICIAL OF
THE MUNICIPAL CORPORATION.
Sec. 6301.02. THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
ADMINISTER THE "WORKFORCE INVESTMENT ACT OF 1998,"
112 STAT. 936, 29
U.S.C.A.
2801, AS AMENDED, THE
"WAGNER-PEYSER
ACT," 48
STAT. 113 (1933), 29
U.S.C.A.
49, AS AMENDED, AND THE FUNDS RECEIVED PURSUANT TO THOSE ACTS. IN
ADMINISTERING THOSE ACTS AND FUNDS RECEIVED PURSUANT TO THOSE
ACTS, THE DIRECTOR SHALL ESTABLISH AND ADMINISTER A WORKFORCE
DEVELOPMENT SYSTEM THAT IS DESIGNED TO PROVIDE LEADERSHIP, SUPPORT, AND
OVERSIGHT TO LOCALLY DESIGNED WORKFORCE DEVELOPMENT AND FAMILY
SERVICES SYSTEMS
AND THAT PROVIDES THE
MAXIMUM AMOUNT OF FLEXIBILITY AND AUTHORITY TO COUNTIES AND MUNICIPAL
CORPORATIONS, AS PERMITTED UNDER THE "WORKFORCE
INVESTMENT
ACT OF 1998," 112
STAT. 936, 29
U.S.C.A.
2801, AS AMENDED. THE DIRECTOR
SHALL CONDUCT INVESTIGATIONS AND HOLD HEARINGS AS NECESSARY FOR THE
ADMINISTRATION OF THIS CHAPTER.
TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, THE
DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE
REVISED
CODE TO ESTABLISH ANY PROGRAM OR PILOT PROGRAM FOR THE PURPOSES OF
PROVIDING WORKFORCE DEVELOPMENT ACTIVITIES OR FAMILY SERVICES TO
INDIVIDUALS WHO DO NOT MEET ELIGIBILITY CRITERIA FOR THOSE
ACTIVITIES OR SERVICES UNDER APPLICABLE FEDERAL LAW. PRIOR TO THE
INITIATION OF ANY PROGRAM OF THAT NATURE, THE DIRECTOR OF BUDGET
AND MANAGEMENT SHALL CERTIFY TO THE GOVERNOR THAT SUFFICIENT FUNDS
ARE AVAILABLE TO ADMINISTER A PROGRAM OF THAT NATURE.
UNLESS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, EVERY
STATE AGENCY, BOARD, OR COMMISSION SHALL PROVIDE TO THE DIRECTOR ALL
INFORMATION AND ASSISTANCE REQUESTED BY THE DIRECTOR IN
FURTHERANCE OF WORKFORCE DEVELOPMENT ACTIVITIES.
Sec. 6301.03. (A) IN ADMINISTERING THE "WORKFORCE
INVESTMENT ACT
OF 1998," 112 STAT. 936, 29
U.S.C.A.
2801, AS AMENDED, THE "WAGNER-PEYSER ACT," 48
STAT. 113 (1933), 29
U.S.C.A. 49, AS AMENDED, THE FUNDS
RECEIVED PURSUANT TO THOSE
ACTS, AND THE WORKFORCE DEVELOPMENT SYSTEM, THE DIRECTOR OF JOB AND FAMILY
SERVICES MAY MAKE ALLOCATIONS AND PAYMENT OF FUNDS FOR THE LOCAL
ADMINISTRATION OF
THE WORKFORCE DEVELOPMENT ACTIVITIES ESTABLISHED UNDER THIS
CHAPTER. PURSUANT TO THE "WORKFORCE INVESTMENT ACT
OF 1998," 112
STAT. 936, 29 U.S.C.A. 2801, AS
AMENDED, THE
GOVERNOR SHALL RESERVE NOT MORE THAN FIFTEEN PER CENT OF THE AMOUNTS
ALLOCATED TO THE STATE UNDER TITLE I OF THAT ACT FOR
ADULTS, DISLOCATED WORKERS, AND YOUTH FOR STATEWIDE ACTIVITIES, AND NOT MORE
THAN TWENTY-FIVE PER CENT OF FUNDS ALLOCATED FOR DISLOCATED WORKERS UNDER
TITLE I OF THAT ACT FOR STATEWIDE RAPID RESPONSE
ACTIVITIES.
(B)
THE DIRECTOR SHALL ALLOCATE TO LOCAL AREAS
ALL FUNDS REQUIRED TO BE ALLOCATED TO LOCAL AREAS
PURSUANT TO THE "WORKFORCE INVESTMENT ACT OF 1998,"
112 STAT. 936,
29 U.S.C.A. 2801, AS AMENDED.
THE DIRECTOR SHALL MAKE ALLOCATIONS ONLY WITH FUNDS AVAILABLE
AND IN ACCORDANCE WITH ALL OF THE FOLLOWING:
(1) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING WORKFORCE
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES THE COUNTY
DEPARTMENT OF JOB AND FAMILY SERVICES AS ITS WORKFORCE DEVELOPMENT
AGENCY, THE DIRECTOR SHALL ALLOCATE THE FUNDS TO THAT COUNTY
DEPARTMENT. THAT COUNTY DEPARTMENT SHALL DEPOSIT ALL FUNDS
RECEIVED PURSUANT TO THIS SECTION INTO THE COUNTY PUBLIC
ASSISTANCE FUND.
(2) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING WORKFORCE
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS ITS WORKFORCE
DEVELOPMENT AGENCY AN ENTITY FOR WHICH THE BOARD MAINTAINS
RESPONSIBILITY OR CONTROL, BUT WHICH IS NOT THE COUNTY
DEPARTMENT OF JOB AND FAMILY SERVICES, THE BOARD SHALL ESTABLISH A
COUNTY WORKFORCE DEVELOPMENT FUND, AND THE ENTITY RECEIVING THE
FUNDS SHALL DEPOSIT ALL FUNDS RECEIVED UNDER THIS SECTION INTO THE
COUNTY WORKFORCE DEVELOPMENT FUND. ALL EXPENDITURES FOR
ACTIVITIES FUNDED UNDER THIS SECTION SHALL BE MADE FROM THE COUNTY
WORKFORCE DEVELOPMENT FUND.
(3) IF A BOARD OF COUNTY COMMISSIONERS ADMINISTERING WORKFORCE
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL DESIGNATES AS ITS WORKFORCE
DEVELOPMENT AGENCY AN ENTITY OTHER THAN ONE DESCRIBED IN DIVISIONS
(B)(1) AND (2) OF THIS SECTION, THE BOARD SHALL DESIGNATE A
FISCAL AGENT TO RECEIVE AND BE RESPONSIBLE FOR THE FUNDS. ANY ENTITY
DESIGNATED BY THE BOARD AS THE FISCAL AGENT
SHALL BE AN AGENCY SUPERVISED BY THE DIRECTOR OR THE COUNTY
AUDITOR.
(4) IF A MUNICIPAL CORPORATION ADMINISTERING WORKFORCE
DEVELOPMENT ACTIVITIES AT THE LOCAL LEVEL IS DESIGNATED TO RECEIVE FUNDS
UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL PLACE ALL FUNDS
RECEIVED UNDER THIS SECTION INTO A SPECIAL FUND AND ALL
EXPENDITURES FOR WORKFORCE DEVELOPMENT ACTIVITIES SHALL BE MADE
FROM THAT FUND. THE MUNICIPAL CORPORATION MAY USE THE FUNDS IN
THAT FUND ONLY FOR THE WORKFORCE DEVELOPMENT ACTIVITIES FOR WHICH
THE FUNDS ARE APPROPRIATED.
(C) THE USE OF FUNDS, REPORTING REQUIREMENTS, AND OTHER
ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS GOVERNING THE USE OF FUNDS
RECEIVED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL
BE GOVERNED BY INTERNAL MANAGEMENT RULES ADOPTED BY THE DIRECTOR PURSUANT
TO SECTION 111.15 OF THE REVISED CODE.
(D) TO THE EXTENT PERMITTED BY STATE OR FEDERAL LAW, THE
DIRECTOR, LOCAL AREAS, COUNTIES, AND MUNICIPAL CORPORATIONS AUTHORIZED TO
ADMINISTER WORKFORCE DEVELOPMENT ACTIVITIES MAY ASSESS
A FEE FOR SPECIALIZED SERVICES REQUESTED BY AN EMPLOYER. THE
DIRECTOR SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE
REVISED CODE GOVERNING THE NATURE
AND AMOUNT OF THOSE TYPES OF FEES.
Sec. 6301.04. THE GOVERNOR SHALL ESTABLISH A STATE WORKFORCE
POLICY BOARD AND APPOINT MEMBERS TO THE BOARD, WHO SERVE AT THE
GOVERNOR'S PLEASURE, TO PERFORM DUTIES UNDER THE "WORKFORCE
INVESTMENT ACT OF 1998," 112
STAT. 936, 29 U.S.C.A. 2801, AS
AMENDED, AS AUTHORIZED BY THE GOVERNOR. THE BOARD IS NOT SUBJECT TO
SECTION 101.84 OF THE REVISED CODE. THE DIRECTOR OF JOB
AND FAMILY SERVICES MAY ASSIST THE BOARD IN THE PERFORMANCE OF ITS
DUTIES.
Sec. 6301.05. THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL
CORPORATION THAT IS THE TYPE OF LOCAL AREA DEFINED IN DIVISION
(A)(1) OF SECTION
6301.01 OF THE REVISED CODE OR IS IN THE TYPE OF LOCAL AREA
DEFINED IN DIVISION (A)(3) OF THAT SECTION SHALL ENTER INTO A
WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF JOB AND FAMILY SERVICES IN
ACCORDANCE WITH
SECTION 5101.213 OF THE REVISED CODE.
THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT IS THE TYPE OF
LOCAL AREA DEFINED IN DIVISION (A)(2) OF SECTION 6301.01 OF THE
REVISED CODE OR IS IN THE TYPE OF
LOCAL AREA DEFINED IN DIVISION (A)(3) OF THAT SECTION SHALL ENTER
INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF JOB AND FAMILY
SERVICES IN ACCORDANCE
WITH SECTION 5101.21 OF THE REVISED CODE.
Sec. 6301.06. (A) THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA
SHALL CREATE A WORKFORCE POLICY BOARD, WHICH SHALL CONSIST OF THE
FOLLOWING INDIVIDUALS:
(1) THE CHIEF ELECTED OFFICIAL FROM THE MUNICIPAL CORPORATION
WITH THE LARGEST POPULATION IN THE LOCAL AREA, EXCEPT THAT IF THE
MUNICIPAL CORPORATION IS A LOCAL AREA AS DEFINED IN DIVISION
(A)(1) OF SECTION
6301.01 OF THE REVISED CODE, THE CHIEF ELECTED OFFICIAL OF
THAT MUNICIPAL CORPORATION MAY DETERMINE WHETHER TO BE A MEMBER OF THE
BOARD.
NOTWITHSTANDING DIVISION
(B) OF SECTION 6301.01 OF
THE REVISED CODE, AS USED IN DIVISION (A)(1) OF
THIS SECTION,
"MUNICIPAL CORPORATION" MEANS ANY MUNICIPAL CORPORATION.
(2) THE FOLLOWING INDIVIDUALS APPOINTED TO THE BOARD BY THE CHIEF
ELECTED OFFICIALS OF THE LOCAL AREA, WHO SHALL MAKE THOSE APPOINTMENTS
ACCORDING TO ALL OF
THE FOLLOWING SPECIFICATIONS:
(a) AT LEAST FIVE MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES
OF PRIVATE SECTOR BUSINESSES IN THE GENERAL LABOR MARKET AREA THAT INCLUDES
THAT LOCAL AREA, AND SHALL BE APPOINTED FROM AMONG INDIVIDUALS NOMINATED BY
LOCAL BUSINESS
ORGANIZATIONS AND BUSINESS TRADE ASSOCIATIONS. AMONG THESE
MEMBERS, AT LEAST ONE SHALL REPRESENT SMALL BUSINESSES, AT LEAST
ONE SHALL REPRESENT MEDIUM-SIZED BUSINESSES, AND AT LEAST ONE
SHALL REPRESENT LARGE BUSINESSES. WHEN DETERMINING WHAT
CONSTITUTES SMALL, MEDIUM-SIZED, AND LARGE BUSINESSES FOR PURPOSES
OF THIS DIVISION, THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA SHALL DEFINE
THOSE SIZES AS THOSE SIZES ARE GENERALLY UNDERSTOOD WITHIN THE LABOR
MARKET AREA THAT INCLUDES THAT LOCAL AREA. A MAJORITY OF THE
MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF PRIVATE SECTOR
BUSINESSES.
(b) AT LEAST TWO MEMBERS OF THE BOARD SHALL REPRESENT ORGANIZED
LABOR AND SHALL BE APPOINTED FROM NOMINATIONS SUBMITTED BY
LOCAL FEDERATIONS OF LABOR REPRESENTING WORKERS
EMPLOYED IN THE LOCAL AREA.
(c) AT LEAST TWO MEMBERS OF THE BOARD SHALL BE REPRESENTATIVES OF
LOCAL EDUCATIONAL ENTITIES. FOR PURPOSES OF THIS DIVISION, "LOCAL EDUCATIONAL
ENTITIES" INCLUDES
LOCAL EDUCATIONAL AGENCIES, SCHOOL DISTRICT BOARDS OF EDUCATION,
ENTITIES PROVIDING EDUCATIONAL AND LITERACY ACTIVITIES, AND POST-SECONDARY
EDUCATIONAL INSTITUTIONS.
(d)
AT LEAST ONE MEMBER OF THE
BOARD SHALL BE A REPRESENTATIVE OF CONSUMERS OF WORKFORCE DEVELOPMENT
ACTIVITIES.
(e)
ANY OTHER INDIVIDUALS THE CHIEF ELECTED OFFICIALS OF THE
LOCAL AREA DETERMINE ARE NECESSARY.
(B) MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE CHIEF
ELECTED OFFICIALS OF THE LOCAL AREA. MEMBERS SHALL NOT BE COMPENSATED BUT MAY
BE REIMBURSED FOR ACTUAL, REASONABLE,
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD
MEMBERS.
THOSE EXPENSES SHALL BE PAID FROM FUNDS ALLOCATED PURSUANT TO
SECTION 6301.03 OF THE REVISED CODE.
THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA MAY PROVIDE OFFICE
SPACE, STAFF, OR OTHER ADMINISTRATIVE SUPPORT AS NEEDED TO THE BOARD.
FOR PURPOSES OF SECTION 102.02 OF THE REVISED CODE, MEMBERS
OF THE BOARD ARE NOT PUBLIC OFFICIALS OR EMPLOYEES.
(C) THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA OTHER THAN A
LOCAL AREA AS DEFINED IN DIVISION (A)(1) OF SECTION 6301.01 OF THE
REVISED CODE, SHALL COORDINATE THE WORKFORCE DEVELOPMENT
ACTIVITIES OF THE COUNTY FAMILY SERVICES PLANNING COMMITTEES AND THE WORKFORCE
POLICY BOARDS IN THE LOCAL AREA IN ANY MANNER THAT IS
EFFICIENT AND EFFECTIVE TO MEET THE NEEDS OF THE LOCAL AREA.
THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA MAY, BUT ARE NOT
REQUIRED TO, CONSOLIDATE ALL BOARDS AND COMMITTEES AS THEY DETERMINE
APPROPRIATE INTO A SINGLE BOARD FOR PURPOSES OF WORKFORCE DEVELOPMENT
ACTIVITIES. A MAJORITY OF THE MEMBERS OF THAT CONSOLIDATED BOARD
SHALL REPRESENT PRIVATE SECTOR BUSINESSES. THE MEMBERSHIP OF THAT
CONSOLIDATED BOARD SHALL INCLUDE A REPRESENTATIVE FROM EACH GROUP
GRANTED REPRESENTATION AS DESCRIBED IN DIVISION (A) OF THIS
SECTION AND ALSO A MEMBER WHO REPRESENTS CONSUMERS OF FAMILY SERVICES AND A
MEMBER WHO REPRESENTS THE COUNTY DEPARTMENT OF
JOB AND FAMILY SERVICES. THE MEMBERSHIP OF THAT CONSOLIDATED
BOARD MAY INCLUDE A REPRESENTATIVE OF ONE OR MORE GROUPS AND
ENTITIES THAT MAY BE REPRESENTED ON A COUNTY FAMILY SERVICES
PLANNING COMMITTEE, AS SPECIFIED IN SECTION 329.06 OF THE REVISED
CODE.
Sec. 6301.07. (A) EVERY WORKFORCE POLICY BOARD, WITH THE
AGREEMENT OF THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA, AND AFTER HOLDING
PUBLIC HEARINGS THAT ALLOW PUBLIC COMMENT AND TESTIMONY, SHALL PREPARE
A WORKFORCE DEVELOPMENT PLAN
AND INCORPORATE THAT PLAN INTO AND ATTACH THAT PLAN TO THE
PARTNERSHIP AGREEMENT REQUIRED UNDER SECTION 6301.05 OF THE
REVISED CODE. THE PLAN SHALL ACCOMPLISH ALL OF THE
FOLLOWING:
(1) IDENTIFY THE WORKFORCE INVESTMENT NEEDS OF BUSINESSES IN THE
LOCAL AREA, IDENTIFY PROJECTED EMPLOYMENT OPPORTUNITIES, AND IDENTIFY
THE JOB SKILLS NECESSARY TO OBTAIN THOSE OPPORTUNITIES;
(2) IDENTIFY THE LOCAL AREA'S WORKFORCE DEVELOPMENT NEEDS FOR
YOUTH, DISLOCATED WORKERS, ADULTS, DISPLACED HOMEMAKERS, INCUMBENT
WORKERS, AND ANY OTHER GROUP OF WORKERS IDENTIFIED BY THE WORKFORCE
POLICY BOARD;
(3) DETERMINE THE DISTRIBUTION OF WORKFORCE DEVELOPMENT RESOURCES
AND FUNDING TO BE DISTRIBUTED FOR EACH WORKFORCE
DEVELOPMENT ACTIVITY TO MEET THE IDENTIFIED NEEDS,
UTILIZING
THE FUNDS ALLOCATED PURSUANT TO THE "WORKFORCE INVESTMENT
ACT OF 1998," 112 STAT. 936, 29
U.S.C.A. 2801, AS AMENDED;
(4) REVIEW THE MINIMUM CURRICULUM REQUIRED BY THE STATE WORKFORCE
POLICY BOARD FOR CERTIFYING TRAINING PROVIDERS AND IDENTIFY ANY
ADDITIONAL CURRICULUM REQUIREMENTS TO INCLUDE IN CONTRACTS BETWEEN THE
TRAINING PROVIDERS AND THE CHIEF ELECTED OFFICIALS OF THE LOCAL AREA;
(5) ESTABLISH PERFORMANCE STANDARDS FOR SERVICE PROVIDERS THAT
REFLECT LOCAL WORKFORCE DEVELOPMENT NEEDS;
(6) DESCRIBE ANY OTHER INFORMATION THE CHIEF ELECTED OFFICIALS OF
THE LOCAL AREA REQUIRE.
(B) A WORKFORCE POLICY BOARD MAY PROVIDE POLICY GUIDANCE AND
RECOMMENDATIONS TO THE CHIEF ELECTED OFFICIALS OF A LOCAL AREA FOR ANY
WORKFORCE DEVELOPMENT ACTIVITIES.
(C) NOTHING IN THIS SECTION PROHIBITS THE CHIEF ELECTED OFFICIALS
OF A LOCAL AREA FROM ASSIGNING, THROUGH A PARTNERSHIP AGREEMENT,
ANY DUTIES IN ADDITION TO THE DUTIES UNDER THIS SECTION TO A
WORKFORCE POLICY BOARD, EXCEPT THAT A WORKFORCE POLICY BOARD
CANNOT CONTRACT WITH ITSELF FOR THE DIRECT PROVISION OF SERVICES
IN ITS LOCAL AREA. A WORKFORCE POLICY BOARD MAY CONSULT WITH THE
CHIEF ELECTED OFFICIALS OF ITS LOCAL AREA AND MAKE RECOMMENDATIONS
REGARDING THE WORKFORCE DEVELOPMENT ACTIVITIES PROVIDED IN ITS
LOCAL AREA AT ANY TIME.
Sec. 6301.08. EVERY LOCAL AREA SHALL PARTICIPATE IN A ONE-STOP
SYSTEM FOR WORKFORCE DEVELOPMENT ACTIVITIES. EACH BOARD OF COUNTY
COMMISSIONERS AND THE CHIEF ELECTED OFFICIAL OF A MUNICIPAL
CORPORATION SHALL ENSURE THAT AT LEAST ONE PHYSICAL LOCATION IS
AVAILABLE IN THE LOCAL AREA FOR THE PROVISION OF WORKFORCE
DEVELOPMENT ACTIVITIES.
A ONE-STOP SYSTEM MAY BE OPERATED BY A PRIVATE ENTITY OR A PUBLIC
AGENCY, INCLUDING A WORKFORCE DEVELOPMENT AGENCY, ANY EXISTING FACILITY
OR ORGANIZATION THAT IS ESTABLISHED TO ADMINISTER WORKFORCE DEVELOPMENT
ACTIVITIES IN THE LOCAL AREA, AND A COUNTY FAMILY SERVICES AGENCY.
A ONE-STOP SYSTEM SHALL INCLUDE REPRESENTATIVES OF ALL THE PARTNERS
REQUIRED
UNDER THE "WORKFORCE INVESTMENT
ACT OF 1998," 112 STAT. 936, 29
U.S.C.A.
2801, AS AMENDED. ADDITIONALLY, AT LEAST ONE REPRESENTATIVE FROM A COUNTY
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL STAFF A ONE-STOP SYSTEM TO
REPRESENT ALL OF THE COUNTY FAMILY SERVICES AGENCIES WITHIN THE LOCAL
AREA.
Sec. 6301.09. THE PROVISION UNDER DIVISION (g) OF SECTION
111 OF
THE "WORKFORCE
INVESTMENT
ACT OF 1998," 112
STAT. 936, 29
U.S.C.A. 2801, AS AMENDED,
APPLIES TO THE STATE WORKFORCE POLICY BOARD CREATED UNDER SECTION 6301.04
OF THE REVISED CODE. THE PROVISION UNDER DIVISION
(e) OF
SECTION 117 OF THE "WORKFORCE INVESTMENT ACT OF
1998" APPLIES TO
THE WORKFORCE POLICY BOARDS ESTABLISHED PURSUANT TO SECTION 6301.04 OF
THE REVISED CODE.
Sec. 6301.10. BEGINNING JANUARY 1, 2001, AND EACH CALENDAR
QUARTER THEREAFTER, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL PREPARE
A REPORT CONCERNING THE STATE OF OHIO'S WORKFORCE. THE
DIRECTOR SHALL DISTRIBUTE THE REPORT TO THE PRESIDENT AND MINORITY LEADER OF
THE SENATE, THE
SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE STATE
WORKFORCE POLICY
BOARD, THE GOVERNOR'S OFFICE OF APPALACHIAN OHIO, AND THE
COMMISSION ON AFRICAN-AMERICAN MALES.
Section 2. That existing sections 119.01, 119.03, 121.02, 121.03, 121.32,
124.23, 124.30, 125.24, 126.30, 127.16, 149.01, 153.06, 307.86, 307.981,
307.982, 307.983, 307.984, 307.985, 307.986, 307.987, 329.011,
329.04, 329.05, 329.06, 2151.011, 2301.357, 2705.02, 3313.64,
4112.12, 4141.04, 4141.042, 4141.046, 4141.06, 4141.08, 4141.10,
4141.13, 4141.162, 4141.21, 4141.22, 4141.28, 5101.01, 5101.02,
5101.05, 5101.06, 5101.08, 5101.10, 5101.21, 5101.211, 5101.22,
5101.23, 5101.24, 5101.25, 5101.35, 5101.37, 5101.38, 5101.80,
5101.97, and 5103.02 and sections
4141.02, 4141.03, 4141.05, 4141.057, 4141.12,
4141.15, 4141.16, 4141.161, 4141.163, 4141.44, 5101.07, 5101.12,
5101.13, 5101.39, 5101.40, 5101.41, 5101.56, 5103.01, 5103.05, 5103.06,
5103.09, 5103.10, 5103.11, 5103.18, and 5103.19 of the Revised
Code are hereby repealed.
Section 3. That the version of section 119.03 of the Revised Code, as
scheduled to take effect on April 1, 2001, be amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of
any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register of
Ohio at least
thirty days prior to the date set for a hearing, in the form the agency
determines. The agency shall file copies of the public notice under
division (B) of this section. (The agency gives public notice in the
register of Ohio when the public notice is published in the register
under that division.)
The public notice shall include:
(1) A statement of the agency's intention to consider
adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to
be rescinded or a general statement of the subject matter to
which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting,
amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed
action, which shall be not earlier than the thirty-first
nor later than
the fortieth day after the proposed rule,
amendment, or rescission is
filed under division (B) of this section.
In addition to public
notice given in the register of Ohio, the agency may give
whatever
other notice it reasonably considers
necessary to ensure notice constructively is given to all persons who are
subject to or affected by the proposed rule, amendment, or rescission.
The agency shall provide a copy of the public
notice
required under division (A) of this section to any person who
requests it and pays a reasonable fee, not to exceed the cost of
copying and mailing.
(B) The full text of the proposed rule,
amendment, or rule to be rescinded, accompanied by the
public notice required under division (A) of this section,
shall be filed in both print and electronic form with the secretary of
state and
with the director of the legislative service commission. (If in
compliance with this division an agency files more than one
proposed rule, amendment, or rescission at the same time, and has
prepared a public notice under division (A) of this section that
applies to more than one of the proposed rules, amendments, or
rescissions, the agency shall file only one notice
with the secretary of state and with the
director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule,
amendment, or rescission and public notice shall be filed as
required by this division at least sixty-five days prior to the date
on which the agency, in accordance with division (D) of this
section, issues an order adopting the proposed rule, amendment,
or rescission.
The proposed rule, amendment, or rescission shall
be available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible
form without charge to any person affected by the proposal.
Failure to furnish such text to any person requesting it shall
not invalidate any action of the agency in connection therewith.
If the agency files a substantive revision in the text of the
proposed rule, amendment, or rescission under division (H) of
this section, it shall also promptly file the full
text of the proposed rule, amendment, or rescission in its
revised form in both print and electronic form with the secretary of
state and with the director of the legislative
service commission.
The
agency shall file the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, in both print and electronic form
along with a proposed rule, amendment, or
rescission or proposed rule, amendment, or rescission
in revised form that is filed with the secretary of state or the
director of the legislative service commission.
The director of the legislative service commission shall
publish in the register of Ohio
the full text of the original and each revised version of a
proposed rule, amendment, or rescission; the full text of a public notice; and
the full
text of a rule summary and fiscal analysis that is filed with
the director under this division.
(C) On the date and at the time and place designated in
the notice, the agency shall conduct a public hearing at which
any person affected by the proposed action of the agency may
appear and be heard in person, by the person's attorney, or
both, may
present the person's position, arguments, or contentions,
orally or in
writing, offer and examine witnesses, and present evidence
tending to show that the proposed rule, amendment, or rescission,
if adopted or effectuated, will be unreasonable or unlawful.
An agency may permit persons affected by the proposed
rule, amendment, or rescission to present their positions,
arguments, or contentions in writing, not only at the hearing,
but also for a reasonable period before, after, or both before
and after the hearing. A person who presents a position or
arguments or contentions in writing before or after the hearing
is not required to appear at the hearing.
At the hearing, the testimony shall be recorded. Such record shall be made at
the expense of
the agency.
The agency is required to transcribe a record that is not
sight readable only if a person requests transcription of all or
part of the record and agrees to reimburse the agency for the
costs of the transcription. An agency may require the person to
pay in advance all or part of the cost of the
transcription.
In any hearing under this section the agency may administer
oaths or affirmations.
(D) After complying with divisions (A), (B), (C), and (H)
of this section, and when the time for legislative review and
invalidation under division (I) of this section has expired, the
agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At
that time the agency shall designate the effective date of the
rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been
filed in its final form as provided in section 119.04 of the
Revised Code.
(E) Prior to the effective date of a rule, amendment, or
rescission, the agency shall make a reasonable effort to inform
those affected by the rule, amendment, or rescission and to have
available for distribution to those requesting it the full text
of the rule as adopted or as amended.
(F) If the governor, upon the request of an agency,
determines that an emergency requires the immediate adoption,
amendment, or rescission of a rule, the governor shall issue
an order, the text of which shall
be filed in both print and electronic form with the agency, the
secretary of
state, the director of the legislative service commission, and
the joint committee on agency rule review, that the procedure
prescribed by this section with respect to the adoption,
amendment, or rescission of a specified rule is suspended. The
agency may then adopt immediately the emergency rule, amendment,
or rescission and it becomes effective on the date the
rule, amendment, or rescission, in final form and in compliance
with division (A)(2) of section 119.04 of the Revised Code, are
filed in both print and electronic
form with the secretary
of state, the director of the legislative service
commission,
and the joint committee on agency rule
review. If all filings are not completed
on the same day, the
emergency rule, amendment, or rescission shall be effective on
the day on which the latest filing is completed. The
director shall
publish the full text of the emergency rule, amendment, or rescission in the
register of Ohio.
The emergency rule,
amendment, or rescission shall become invalid at the end of the
ninetieth day it is in effect. Prior to that date the agency may
adopt the emergency rule, amendment, or rescission as a
nonemergency rule, amendment, or rescission by complying with the
procedure prescribed by this section for the adoption, amendment,
and rescission of nonemergency rules. The agency shall not use
the procedure of this division to readopt the emergency rule,
amendment, or rescission so that, upon the emergency rule,
amendment, or rescission becoming invalid under this division,
the emergency rule, amendment, or rescission will continue in
effect without interruption for another ninety-day period.
This division does not apply to the adoption of any emergency rule,
amendment, or rescission by the tax commissioner under division
(C)(2) of section 5117.02 of the Revised Code.
(G) Rules adopted by an authority within the department of
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR
ENFORCEMENT OF CHAPTER 4141. of the Revised Code or OF the bureau
DEPARTMENT of employment services TAXATION shall be
effective
without a hearing as provided by this section if the statutes
pertaining to such agency specifically give a right of appeal to
the board of tax appeals or to a higher authority within the
agency or to a court, and also give the appellant a right to a
hearing on such appeal. This division does not apply to the
adoption of any rule, amendment, or rescission by the tax
commissioner under division (C)(1) or (2) of section 5117.02 of
the Revised Code, or deny the right to file an action for
declaratory judgment as provided in Chapter 2721. of the Revised
Code from the decision of the board of tax appeals or of the
higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
in both print and electronic form with the joint committee on agency
rule review the full text of the proposed rule,
amendment, or rule to be
rescinded in the same form and the public notice
required under division (A) of this section. (If in compliance
with this division an agency files more than one proposed rule,
amendment, or rescission at the same time, and has given a public
notice under division (A) of this section that applies to more
than one of the proposed rules, amendments, or rescissions, the
agency shall file only one notice with the
joint
committee for all of the proposed rules, amendments, or
rescissions to which the notice applies.) If the agency makes a
substantive revision in a proposed rule, amendment, or rescission
after it is filed with the joint committee, the agency shall
promptly file the full text of the proposed rule,
amendment, or rescission in its revised form in both print and electronic
form with the joint committee. The latest version of a proposed rule,
amendment, or
rescission as filed with the joint committee supersedes each
earlier version of the text of the same proposed rule, amendment,
or rescission. An agency shall file the rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both, in both print
and electronic form along with a proposed rule, amendment, or rescission,
and along with a proposed
rule, amendment, or rescission in revised form, that is filed
under this division.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must
be adopted verbatim by an agency pursuant to federal law or rule,
to become effective within sixty days of adoption, in order to
continue the operation of a federally reimbursed program in this
state, so long as the proposed rule contains both of the
following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
If a rule or amendment is exempt from legislative review under
division (H)(2) of this section, and if the federal law or rule
pursuant to which the rule or amendment was adopted expires, is
repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(I)(1) The joint committee on agency rule review may
recommend the adoption of a concurrent resolution invalidating a
proposed rule, amendment, rescission, or part thereof if it finds
any of the following:
(a) That the rule-making agency has exceeded the scope of
its statutory authority in proposing the rule, amendment, or
rescission;
(b) That the proposed rule, amendment, or rescission
conflicts with another rule, amendment, or rescission adopted by
the same or a different rule-making agency;
(c) That the proposed rule, amendment, or rescission
conflicts with the legislative intent in enacting the statute
under which the rule-making agency proposed the rule, amendment,
or rescission;
(d) That the rule-making agency has failed to prepare a
complete and accurate rule summary and fiscal analysis of the
proposed rule, amendment, or rescission as required by section
121.24 or 127.18 of the Revised Code, or both.
The joint committee shall not hold its public hearing on a proposed rule,
amendment, or rescission earlier than the forty-first day after the original
version of the proposed rule, amendment, or rescission was filed with the
joint committee.
The house of representatives and senate may adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof. The concurrent resolution shall
state which of the specific rules, amendments, rescissions, or
parts thereof are invalidated. A concurrent resolution
invalidating a proposed rule, amendment, or rescission shall be
adopted not later than the sixty-fifth day after the
original version of
the text of the proposed rule, amendment, or rescission is filed
with the joint committee, except that if more than thirty-five days
after the original version is filed the rule-making agency either
files a revised version of the text of the proposed rule,
amendment, or rescission, or revises the rule summary and fiscal
analysis in accordance with division (I)(4) of this section, a
concurrent resolution invalidating the proposed rule, amendment,
or rescission shall be adopted not later than the
thirtieth day after
the revised version of the proposed rule or rule summary and
fiscal analysis is filed. If, after the joint committee on
agency rule review recommends the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the house of representatives or senate does not,
within the time remaining for adoption of the concurrent
resolution, hold five floor sessions at which its journal records
a roll call vote disclosing a sufficient number of members in
attendance to pass a bill, the time within which that house may
adopt the concurrent resolution is extended until it has held
five such floor sessions.
Within five days after the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the clerk of the senate shall send the
rule-making agency, the secretary of state, and the director of
the legislative service commission in both print and electronic
form a certified text of the resolution together with
a certification stating the date on
which the resolution takes effect. The secretary of state and
the director of the legislative service commission shall each
note the invalidity of the proposed rule, amendment, rescission,
or part thereof, and shall each remove
the invalid
proposed rule, amendment, rescission, or part thereof from the
file of proposed rules. The rule-making agency shall not proceed
to adopt in accordance with division (D) of this section, or to
file in accordance with division (B)(1) of section 111.15 of the
Revised Code, any version of a proposed rule, amendment,
rescission, or part thereof that has been invalidated by
concurrent resolution.
Unless the house of representatives and senate adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof within the time specified by this
division, the rule-making agency may proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the latest version of the proposed rule, amendment, or
rescission as filed with the joint committee. If by concurrent
resolution certain of the rules, amendments, rescissions, or
parts thereof are specifically invalidated, the rule-making
agency may proceed to adopt, in accordance with division (D) of
this section, or to file in accordance with division (B)(1) of
section 111.15 of the Revised Code, the latest version of the
proposed rules, amendments, rescissions, or parts thereof as
filed with the joint committee that are not specifically
invalidated. The rule-making agency may not revise or amend any
proposed rule, amendment, rescission, or part thereof that has
not been invalidated except as provided in this chapter or in
section 111.15 of the Revised Code.
(2)(a) A proposed rule, amendment, or rescission that is
filed with the joint committee under division (H) of this section
or division (D) of section 111.15 of the Revised Code shall be
carried over for legislative review to the next succeeding
regular session of the general assembly if the original or any
revised version of the proposed rule, amendment, or rescission is
filed with the joint committee on or after the first day of
December of any year.
(b) The latest version of any proposed rule, amendment, or
rescission that is subject to division (I)(2)(a) of this section,
as filed with the joint committee, is subject to legislative
review and invalidation in the next succeeding regular session of
the general assembly in the same manner as if it were the
original version of a proposed rule, amendment, or rescission
that had been filed with the joint committee for the first time
on the first day of the session. A rule-making agency shall not
adopt in accordance with division (D) of this section, or file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, any version of a proposed rule, amendment, or rescission
that is subject to division (I)(2)(a) of this section until the
time for legislative review and invalidation, as contemplated by
division (I)(2)(b) of this section, has expired.
(3) Invalidation of any version of a proposed rule,
amendment, rescission, or part thereof by concurrent resolution
shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the same proposed
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the proposed rule,
amendment, rescission, or part thereof unless the same general
assembly adopts a concurrent resolution permitting the
rule-making agency to institute or continue such proceedings.
The failure of the general assembly to invalidate a
proposed rule, amendment, rescission, or part thereof under this
section shall not be construed as a ratification of the
lawfulness or reasonableness of the proposed rule, amendment,
rescission, or any part thereof or of the validity of the
procedure by which the proposed rule, amendment, rescission, or
any part thereof was proposed or adopted.
(4) In lieu of recommending a concurrent resolution to
invalidate a proposed rule, amendment, rescission, or part
thereof because the rule-making agency has failed to prepare a
complete and accurate fiscal analysis, the joint committee on
agency rule review may issue, on a one-time basis, for rules,
amendments, rescissions, or parts thereof that have a fiscal
effect on school districts, counties, townships, or municipal
corporations, a finding that the rule summary and fiscal
analysis is incomplete or inaccurate and order the rule-making
agency to revise the rule summary and fiscal analysis and refile
it with the proposed rule, amendment, rescission, or part
thereof. If an emergency rule is filed as a nonemergency rule
before the end of the ninetieth day of the emergency rule's
effectiveness, and the joint committee issues a finding and
orders the rule-making agency to refile under division (I)(4) of
this section, the governor may also issue an order
stating
that the emergency rule shall remain in effect for an additional
sixty days after the ninetieth day of the emergency rule's
effectiveness. The governor's
orders shall be
filed in accordance with division (F) of this section. The joint
committee shall send in both print and electronic form to the
rule-making agency, the secretary of
state, and the director of the legislative service commission a
certified text of the finding and order to
revise the rule summary and fiscal
analysis, which shall take immediate effect.
An order issued under division (I)(4) of this
section shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the proposed rule,
amendment, rescission, or part thereof until the rule-making
agency revises the rule summary and fiscal analysis and refiles
it in both print and electronic form with the joint committee along
with the proposed rule,
amendment, rescission, or part thereof. If the joint committee
finds the rule summary and fiscal analysis to be complete and
accurate, the joint committee shall issue a new order
noting that the rule-making agency has revised and refiled a
complete and accurate rule summary and fiscal analysis. The
joint committee shall send in both print and electronic form to the
rule-making agency, the secretary
of state, and the director of the legislative service commission
a certified text of this new order. The secretary of state
and
the director of the legislative service commission shall each
attach and link this order to the proposed rule,
amendment, rescission, or part thereof. The rule-making agency
may then proceed to adopt in accordance with division (D) of this
section, or to file in accordance with division (B)(1) of section
111.15 of the Revised Code, the proposed rule, amendment,
rescission, or part thereof that was subject to the finding and
order under division (I)(4) of this section. If the
joint committee determines that the revised rule summary and
fiscal analysis is still inaccurate or incomplete, the joint
committee shall recommend the adoption of a concurrent resolution
in accordance with division (I)(1) of this section.
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL
APRIL 1, 2002.
Section 4. That all existing versions of section 119.03 of the Revised Code
are hereby repealed.
Section 5. Sections 3 and 4 of this act take effect April 1, 2001.
Section 6. That the version of section 119.03 of the Revised Code, as
scheduled to take effect on April 1, 2002, be amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of
any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register of
Ohio at least
thirty days prior to the date set for a hearing, in the form the agency
determines. The agency shall file copies of the public notice under
division (B) of this section. (The agency gives public notice in the
register of Ohio when the public notice is published in the register
under that division.)
The public notice
shall include:
(1) A statement of the agency's intention to consider
adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to
be rescinded or a general statement of the subject matter to
which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting,
amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed
action, which shall be not earlier than the thirty-first
nor later than
the fortieth day after the proposed rule,
amendment, or rescission is
filed under division (B) of this section.
In addition to public
notice given in the register of Ohio, the agency may give
whatever
other notice it reasonably considers
necessary to ensure notice constructively is given to all persons who are
subject to or affected by the proposed rule, amendment, or rescission.
The agency shall provide a copy of the public
notice
required under division (A) of this section to any person who
requests it and pays a reasonable fee, not to exceed the cost of
copying and mailing.
(B) The full text of the proposed rule,
amendment, or rule to be rescinded, accompanied by
the public notice required under division (A) of this section,
shall be filed in electronic form with the secretary of
state and
with
the director of the legislative service commission. (If in
compliance with this division an agency files more than one
proposed rule, amendment, or rescission at the same time, and has
prepared a public notice under division (A) of this
section
that
applies to more than one of the proposed rules, amendments, or
rescissions, the agency shall file only one notice
with the secretary of state and
with the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule,
amendment, or rescission and public notice shall be filed as
required by this division at least sixty-five days prior to the date
on which the agency, in accordance with division (D) of this
section, issues an order adopting the proposed rule, amendment,
or rescission.
The proposed rule, amendment, or rescission shall
be available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible
form without charge to any person affected by the proposal.
Failure to furnish such text to any person requesting it shall
not invalidate any action of the agency in connection therewith.
If the agency files a substantive revision in the text of the
proposed rule, amendment, or rescission under division (H) of
this section, it shall also promptly file the full
text of the proposed rule, amendment, or rescission in its
revised form in electronic form with the secretary of
state and
with the director of the legislative service commission.
The
agency shall file the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both,
in electronic form along with a proposed rule,
amendment,
or
rescission or proposed rule, amendment, or rescission
in revised form that is filed with the secretary of state or the
director of the legislative service commission.
The director of the legislative service commission shall
publish in the register of Ohio
the full text of the original and each revised version of a
proposed rule, amendment, or rescission; the full text of a public notice; and
the full
text of a rule summary and fiscal analysis that is filed with
the director under this division.
(C) On the date and at the time and place designated in
the notice, the agency shall conduct a public hearing at which
any person affected by the proposed action of the agency may
appear and be heard in person, by the person's attorney, or
both, may
present the person's position, arguments, or contentions,
orally or in
writing, offer and examine witnesses, and present evidence
tending to show that the proposed rule, amendment, or rescission,
if adopted or effectuated, will be unreasonable or unlawful.
An agency may permit persons affected by the proposed
rule, amendment, or rescission to present their positions,
arguments, or contentions in writing, not only at the hearing,
but also for a reasonable period before, after, or both before
and after the hearing. A person who presents a position or
arguments or contentions in writing before or after the hearing
is not required to appear at the hearing.
At the hearing, the testimony shall be recorded. Such record shall be made at
the expense of
the agency.
The agency is required to transcribe a record that is not
sight readable only if a person requests transcription of all or
part of the record and agrees to reimburse the agency for the
costs of the transcription. An agency may require the person to
pay in advance all or part of the cost of the
transcription.
In any hearing under this section the agency may administer
oaths or affirmations.
(D) After complying with divisions (A), (B), (C), and (H)
of this section, and when the time for legislative review and
invalidation under division (I) of this section has expired, the
agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At
that time the agency shall designate the effective date of the
rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been
filed in its final form as provided in section 119.04 of the
Revised Code.
(E) Prior to the effective date of a rule, amendment, or
rescission, the agency shall make a reasonable effort to inform
those affected by the rule, amendment, or rescission and to have
available for distribution to those requesting it the full text
of the rule as adopted or as amended.
(F) If the governor, upon the request of an agency,
determines that an emergency requires the immediate adoption,
amendment, or rescission of a rule, the governor shall issue
an order, the text of which shall be filed in electronic
form with the agency, the secretary of
state, the director of the legislative service commission, and
the joint committee on agency rule review, that the procedure
prescribed by this section with respect to the adoption,
amendment, or rescission of a specified rule is suspended. The
agency may then adopt immediately the emergency rule, amendment,
or rescission and it becomes effective on the date the
rule, amendment, or rescission, in final form and in compliance
with division (A)(2) of section 119.04 of the Revised Code, are
filed in electronic form
with the secretary
of state, the director of the legislative service commission,
and the joint committee on agency rule
review. If all filings are not completed on the same day, the
emergency rule, amendment, or rescission shall be effective on
the day on which the latest filing is completed. The director shall
publish the full text of the emergency rule, amendment, or rescission in the
register of Ohio.
The emergency rule,
amendment, or rescission shall become invalid at the end of the
ninetieth day it is in effect. Prior to that date the agency may
adopt the emergency rule, amendment, or rescission as a
nonemergency rule, amendment, or rescission by complying with the
procedure prescribed by this section for the adoption, amendment,
and rescission of nonemergency rules. The agency shall not use
the procedure of this division to readopt the emergency rule,
amendment, or rescission so that, upon the emergency rule,
amendment, or rescission becoming invalid under this division,
the emergency rule, amendment, or rescission will continue in
effect without interruption for another ninety-day period.
This division does not apply to the adoption of any emergency rule,
amendment, or rescission by the tax commissioner under division
(C)(2) of section 5117.02 of the Revised Code.
(G) Rules adopted by an authority within the department of
taxation JOB AND FAMILY SERVICES FOR THE ADMINISTRATION OR
ENFORCEMENT OF CHAPTER 4141. of the Revised Code or OF the bureau
DEPARTMENT of employment services TAXATION shall be
effective
without a hearing as provided by this section if the statutes
pertaining to such agency specifically give a right of appeal to
the board of tax appeals or to a higher authority within the
agency or to a court, and also give the appellant a right to a
hearing on such appeal. This division does not apply to the
adoption of any rule, amendment, or rescission by the tax
commissioner under division (C)(1) or (2) of section 5117.02 of
the Revised Code, or deny the right to file an action for
declaratory judgment as provided in Chapter 2721. of the Revised
Code from the decision of the board of tax appeals or of the
higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
in electronic form
with the joint committee on agency rule review the
full text of the proposed rule, amendment, or rule to be
rescinded in the same form and the public notice
required under division (A) of this section. (If in compliance
with this division an agency files more than one proposed rule,
amendment, or rescission at the same time, and has given a public
notice under division (A) of this section that applies to more
than one of the proposed rules, amendments, or rescissions, the
agency shall file only one notice with the joint
committee for all of the proposed rules, amendments, or
rescissions to which the notice applies.) If the agency makes a
substantive revision in a proposed rule, amendment, or rescission
after it is filed with the joint committee, the agency shall
promptly file the full text of the proposed rule,
amendment, or rescission in its revised form
in electronic form
with the joint
committee. The latest version of a proposed rule, amendment, or
rescission as filed with the joint committee supersedes each
earlier version of the text of the same proposed rule, amendment,
or rescission. An agency shall file the rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both,
in electronic form
along with a proposed
rule, amendment, or rescission, and along with a proposed
rule, amendment, or rescission in revised form, that is filed
under this division.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must
be adopted verbatim by an agency pursuant to federal law or rule,
to become effective within sixty days of adoption, in order to
continue the operation of a federally reimbursed program in this
state, so long as the proposed rule contains both of the
following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
If a rule or amendment is exempt from legislative review under
division (H)(2) of this section, and if the federal law or rule
pursuant to which the rule or amendment was adopted expires, is
repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(I)(1) The joint committee on agency rule review may
recommend the adoption of a concurrent resolution invalidating a
proposed rule, amendment, rescission, or part thereof if it finds
any of the following:
(a) That the rule-making agency has exceeded the scope of
its statutory authority in proposing the rule, amendment, or
rescission;
(b) That the proposed rule, amendment, or rescission
conflicts with another rule, amendment, or rescission adopted by
the same or a different rule-making agency;
(c) That the proposed rule, amendment, or rescission
conflicts with the legislative intent in enacting the statute
under which the rule-making agency proposed the rule, amendment,
or rescission;
(d) That the rule-making agency has failed to prepare a
complete and accurate rule summary and fiscal analysis of the
proposed rule, amendment, or rescission as required by section
121.24 or 127.18 of the Revised Code, or both.
The joint committee shall not hold its public hearing on a proposed rule,
amendment, or rescission earlier than the forty-first day after the original
version of the proposed rule, amendment, or rescission was filed with the
joint committee.
The house of representatives and senate may adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof. The concurrent resolution shall
state which of the specific rules, amendments, rescissions, or
parts thereof are invalidated. A concurrent resolution
invalidating a proposed rule, amendment, or rescission shall be
adopted not later than the sixty-fifth day after the
original version of
the text of the proposed rule, amendment, or rescission is filed
with the joint committee, except that if more than thirty-five days
after the original version is filed the rule-making agency either
files a revised version of the text of the proposed rule,
amendment, or rescission, or revises the rule summary and fiscal
analysis in accordance with division (I)(4) of this section, a
concurrent resolution invalidating the proposed rule, amendment,
or rescission shall be adopted not later than the
thirtieth day after
the revised version of the proposed rule or rule summary and
fiscal analysis is filed. If, after the joint committee on
agency rule review recommends the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the house of representatives or senate does not,
within the time remaining for adoption of the concurrent
resolution, hold five floor sessions at which its journal records
a roll call vote disclosing a sufficient number of members in
attendance to pass a bill, the time within which that house may
adopt the concurrent resolution is extended until it has held
five such floor sessions.
Within five days after the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or part thereof, the clerk of the senate shall send the
rule-making agency, the secretary of state, and the director of
the legislative service commission in electronic form a
certified text of the
resolution together with a certification stating the date on
which the resolution takes effect. The secretary of state and
the director of the legislative service commission shall each
note the invalidity of the proposed rule, amendment, rescission,
or part thereof, and shall each remove
the invalid
proposed rule, amendment, rescission, or part thereof from the
file of proposed rules. The rule-making agency shall not proceed
to adopt in accordance with division (D) of this section, or to
file in accordance with division (B)(1) of section 111.15 of the
Revised Code, any version of a proposed rule, amendment,
rescission, or part thereof that has been invalidated by
concurrent resolution.
Unless the house of representatives and senate adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof within the time specified by this
division, the rule-making agency may proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the latest version of the proposed rule, amendment, or
rescission as filed with the joint committee. If by concurrent
resolution certain of the rules, amendments, rescissions, or
parts thereof are specifically invalidated, the rule-making
agency may proceed to adopt, in accordance with division (D) of
this section, or to file in accordance with division (B)(1) of
section 111.15 of the Revised Code, the latest version of the
proposed rules, amendments, rescissions, or parts thereof as
filed with the joint committee that are not specifically
invalidated. The rule-making agency may not revise or amend any
proposed rule, amendment, rescission, or part thereof that has
not been invalidated except as provided in this chapter or in
section 111.15 of the Revised Code.
(2)(a) A proposed rule, amendment, or rescission that is
filed with the joint committee under division (H) of this section
or division (D) of section 111.15 of the Revised Code shall be
carried over for legislative review to the next succeeding
regular session of the general assembly if the original or any
revised version of the proposed rule, amendment, or rescission is
filed with the joint committee on or after the first day of
December of any year.
(b) The latest version of any proposed rule, amendment, or
rescission that is subject to division (I)(2)(a) of this section,
as filed with the joint committee, is subject to legislative
review and invalidation in the next succeeding regular session of
the general assembly in the same manner as if it were the
original version of a proposed rule, amendment, or rescission
that had been filed with the joint committee for the first time
on the first day of the session. A rule-making agency shall not
adopt in accordance with division (D) of this section, or file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, any version of a proposed rule, amendment, or rescission
that is subject to division (I)(2)(a) of this section until the
time for legislative review and invalidation, as contemplated by
division (I)(2)(b) of this section, has expired.
(3) Invalidation of any version of a proposed rule,
amendment, rescission, or part thereof by concurrent resolution
shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the same proposed
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the proposed rule,
amendment, rescission, or part thereof unless the same general
assembly adopts a concurrent resolution permitting the
rule-making agency to institute or continue such proceedings.
The failure of the general assembly to invalidate a
proposed rule, amendment, rescission, or part thereof under this
section shall not be construed as a ratification of the
lawfulness or reasonableness of the proposed rule, amendment,
rescission, or any part thereof or of the validity of the
procedure by which the proposed rule, amendment, rescission, or
any part thereof was proposed or adopted.
(4) In lieu of recommending a concurrent resolution to
invalidate a proposed rule, amendment, rescission, or part
thereof because the rule-making agency has failed to prepare a
complete and accurate fiscal analysis, the joint committee on
agency rule review may issue, on a one-time basis, for rules,
amendments, rescissions, or parts thereof that have a fiscal
effect on school districts, counties, townships, or municipal
corporations, a finding that the rule summary and fiscal
analysis is incomplete or inaccurate and order the rule-making
agency to revise the rule summary and fiscal analysis and refile
it with the proposed rule, amendment, rescission, or part
thereof. If an emergency rule is filed as a nonemergency rule
before the end of the ninetieth day of the emergency rule's
effectiveness, and the joint committee issues a finding and
orders the rule-making agency to refile under division (I)(4) of
this section, the governor may also issue an order stating
that the emergency rule shall remain in effect for an additional
sixty days after the ninetieth day of the emergency rule's
effectiveness. The governor's orders shall be
filed in accordance with division (F) of this section. The joint
committee shall send
in electronic form to
the rule-making agency, the secretary of
state, and the director of the legislative service commission a
certified text of the finding and order to revise the rule summary and
fiscal
analysis, which shall take immediate effect.
An order issued under division (I)(4) of this
section shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the proposed rule,
amendment, rescission, or part thereof until the rule-making
agency revises the rule summary and fiscal analysis and refiles
it
in electronic form
with the joint committee along with the proposed rule,
amendment, rescission, or part thereof. If the joint committee
finds the rule summary and fiscal analysis to be complete and
accurate, the joint committee shall issue a new order
noting that the rule-making agency has revised and refiled a
complete and accurate rule summary and fiscal analysis. The
joint committee shall send
in electronic form
to the rule-making agency, the secretary
of state, and the director of the legislative service commission
a certified text of this new order. The secretary of state and
the director of the legislative service commission shall each
link this order to the proposed rule,
amendment, rescission, or part thereof. The rule-making agency
may then proceed to adopt in accordance with division (D) of this
section, or to file in accordance with division (B)(1) of section
111.15 of the Revised Code, the proposed rule, amendment,
rescission, or part thereof that was subject to the finding and order under
division (I)(4) of this section. If the
joint committee determines that the revised rule summary and
fiscal analysis is still inaccurate or incomplete, the joint
committee shall recommend the adoption of a concurrent resolution
in accordance with division (I)(1) of this section.
Section 7. That all existing versions of section 119.03 of the Revised Code
are hereby repealed.
Section 8. Sections 6 and 7 of this act take effect April 1, 2002.
Section 9. Except as otherwise specifically provided in this act, the codified
and uncodified items of law contained in this act are subject to the
referendum. Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, and except as otherwise specified in this
act, the codified and uncodified items of law contained in this act take
effect on the ninety-first day after the act is filed with the Secretary of
State. If, however, a referendum petition is filed against a codified or
uncodified item of law contained in this act, the item of law, unless rejected
at the referendum, takes effect at the earliest time permitted by law.
Section 10. Sections 1 and 2 of this act, other than
sections 307.981, 307.982, 307.983, 307.984, 307.985, 307.986,
307.987, 307.988, 329.04, 329.05, 330.01, 330.02, 330.04, 330.05,
330.07, 763.01, 763.02, 763.05, 763.07, 5101.21, 5101.211,
5101.213, 5101.22, 5101.23, 5101.24, 6301.01, 6301.02, 6301.03,
6301.04, 6301.05, 6301.06, 6301.07, and 6301.08 of the Revised Code as amended
or enacted by this act, shall take effect July 1,
2000.
Section 11. Notwithstanding sections 4117.08 and 4117.10 of the
Revised Code, the renaming of the
Department of Human Services as the Department of Job and Family
Services and the reassignment of the functions and duties of the Bureau of
Employment Services by this act are not appropriate subjects for collective
bargaining under Chapter 4117. of the Revised Code.
Section 12. On July 1, 2000:
(A) The Bureau of Employment Services shall cease to exist.
Employees of the Bureau of Employment Services are
hereby transferred to the Department of Job and Family Services or
the Department of Commerce, as appropriate. The vehicles and
equipment assigned to the employees are transferred to the
Department of Job and Family Services or the Department of
Commerce, as appropriate.
(B) The assets, liabilities, other equipment not provided for,
and records, irrespective of form or medium, of the Bureau of
Employment Services are transferred to the Department of Job and
Family Services or the Department of Commerce, as appropriate.
The Department of Job and Family Services and the Department of
Commerce are successors to, assume the obligations of, and
otherwise constitute the continuation of, the Bureau of Employment
Services.
(C) Business commenced but not completed by the Administrator or
the Bureau of Employment Services on July 1, 2000,
shall be completed by the Director or Department of Job
and Family Services or the Director or Department of Commerce, as
appropriate, in the same manner, and with the same effect, as if
completed by the Administrator or Bureau of Employment Services.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer required
by this section but shall be administered by the Director or
Department of Job and Family Services or the Director or
Department of Commerce, as appropriate.
(D) The rules, orders, and determinations pertaining to the
Bureau of Employment Services continue in effect as rules, orders,
and determinations of the Department of Job and Family Services or
the Department of Commerce, as appropriate, until modified or
rescinded by those Departments.
(E) No judicial or administrative action or proceeding pending on
July 1, 2000, is affected by the transfer of
functions from the Administrator or Bureau of Employment Services
to the Director or Department of Job and Family Services or the
Director or Department of Commerce, and shall be prosecuted or
defended in the name of the Director or Department of Job and
Family Services or the Director or Department of Commerce, as
appropriate. On application to the court or other tribunal, the
Director or Department of Job and Family Services or the Director
or Department of Commerce, whichever is appropriate, shall be
substituted as a party in such actions and proceedings.
(F) When the Administrator or Bureau of Employment Services is
referred to in any statute, rule, contract, grant, or other
document, the reference is hereby deemed to refer to the Director
or Department of Job and Family Services or the Director or
Department of Commerce, as appropriate.
Section 13. Effective July 1, 2000:
(A) No person shall disclose any information that was maintained
by the former Administrator of the Bureau of Employment Services
or furnished to the former Administrator by employers or employees
pursuant to Chapter 4141. of the Revised Code, unless disclosure
is permitted under section 4141.21 of the Revised Code.
(B) No person who was in the employ of the former Administrator
of the Bureau of Employment Services shall divulge to any person
information maintained by or furnished to the former Administrator under
Chapter 4141. of the Revised Code and secured by the person while
so employed, in respect to the transactions, property, business,
or mechanical, chemical, or other industrial process of any
person, firm, corporation, association, or partnership to any person other
than the Director of Job and Family Services.
(C) Whoever violates this section shall be disqualified from holding any
appointment or employment by the Department of Job and Family
Services or a county family services agency as defined in section 307.981 of
the Revised Code or workforce development agency as defined in section 6301.01
of the Revised Code.
Section 14. Nothing in this act shall be construed as diminishing
program responsibilities or altering benefits administration for
veterans. It is the intent of the General Assembly that,
beginning July 1, 2000, the Department of Job and Family
Services administer federally funded employment and training
programs consistent with the principles outlined in section
5903.11 of the Revised Code and applicable federal law.
Section 15. Effective July 1, 2000, the functions the Bureau
of Employment Services performs under a grant agreement with the
United States Department of Labor pursuant to sections 21(c) and 7(c)(1) of
the "Occupational Safety and Health Act of 1970," 84 Stat. 1590,
29 U.S.C.A. 651, are assigned to the Department of Commerce.
Section 16. Effective July 1, 2000, except as provided in
Section 15 of this act, the functions the Bureau of Employment
Services performs under a grant agreement with the United States
Department of Labor are assigned to the Department of Job and
Family Services.
Section 17. On and after July 1, 2000, if necessary to ensure the
integrity of the numbering of the Administrative Code, the
Director of the Legislative Service Commission shall renumber the
rules of the Bureau of Employment Services and the Department of
Human Services to reflect their transfer to the Department of Job
and Family Services and the Department of Commerce.
Section 18. On and after July 1, 2000, in addition to the
positions described in division (A)(26) of section 124.11 of the
Revised Code, the Director of Job and Family Services may appoint
up to five additional positions to the unclassified service that
the Director determines to be involved in policy development and
implementation. These additional positions shall expire no later
than June 30, 2002.
Section 19. During the period beginning July 1, 2000, and ending
June 30, 2002, the Director of Job and Family Services has the
authority to establish, change, and abolish positions for the
Department of Job and Family Services, and to assign, reassign,
classify, reclassify, transfer, reduce, promote, or demote all
employees of the Department of Job and Family Services who are not
subject to Chapter 4117. of the Revised Code.
This authority includes assigning or reassigning an exempt
employee, as defined in section 124.152 of the Revised Code, to a
bargaining unit classification if the Director determines that the
bargaining unit classification is the proper classification for
that employee. The Director's actions shall be consistent with
the requirements of 5 C.F.R. 900.603 for those employees subject
to such requirements. If an employee in the E-1 pay range is to
be assigned, reassigned, classified, reclassified, transferred,
reduced, or demoted to a position in a lower classification during
the period specified in this section, the Director, or in the case
of a transfer outside the Department, the Director of
Administrative Services, shall assign the employee to the
appropriate classification and place the employee in Step X. The
employee shall not receive any increase in compensation until the
maximum rate of pay for that classification exceeds the employee's
compensation.
Actions taken by the Director of Job and Family Services or the
Director of Administrative Services pursuant to this section are
not subject to appeal to the State Personnel Board of Review.
Section 20. Until July 1, 2000, whenever the following sections
of the Revised Code, as amended or enacted by this act, refer to
the Director or Department of Job and Family Services, the county
department of job and family services, or the family services
planning committee, the reference is deemed to refer to the
Administrator or Bureau of Employment Services, Director or Department of
Human Services, the county department of human services, or the human services
planning committee, respectively: 307.981, 307.985, 307.986, 329.04,
329.05, 330.04, 5101.21, 5101.211, 5101.213, 5101.22,
5101.23, 5101.24, 6301.02, 6301.03, 6301.04, 6301.05, 6301.06, and
6301.08. A reference in those sections to the Director or Department of Job
and Family Services that concerns a family services duty, as
defined in section 307.981 of the Revised Code, is deemed to refer
to the Director or Department of Human Services. A reference in
those sections to the Director or Department of Job and Family
Services that concerns a workforce development activity, as
defined in section 6301.01 of the Revised Code, is deemed to refer
to the Administrator or Bureau of Employment Services.
Section 21. The Director of Human Services and the Administrator of
the Bureau of Employment Services may jointly or separately enter
into one or more contracts with private or government entities for
staff training and development to facilitate the transfer of the
staff and duties of the Bureau of Employment Services to the
Department of Job and Family Services. Division (B) of section
127.16 of the Revised Code does not apply to contracts entered
into under this section.
Section 22. The Director of Human Services and the Administrator
of the Bureau of Employment Services, the boards of county
commissioners, and the chief elected official of municipal
corporations may enter into negotiations to amend an existing
partnership agreement or to enter into a new partnership agreement
consistent with this act. Any such amended or new partnership
agreement shall be drafted in the name of the Department of Job
and Family Services. The amended or new partnership agreement may
be executed before July 1, 2000, if the amendment or agreement does
not become effective sooner than July 1, 2000.
Section 23. The Bureau of Employment Services shall enter into an
interagency agreement with the Department of Commerce to implement
the transfer of the duties and responsibilities under Chapters
4109., 4111. (except for sections 4111.25 to 4111.30 of the Revised
Code), 4115., and 4167. of the Revised Code. The agreement may
provide for the transfer of property and records, pass-through of
federal financial participation, modification of any agreements
with the United States Department of Labor, and any other
provisions necessary for the transfer and continued administration
of program activities.
Section 24. On and after July 1, 2000, notwithstanding any
provision of law to the contrary, the Director of Budget and
Management is authorized to take the actions described in this
section with respect to budget changes made necessary by
administrative reorganization, program transfers, the creation of
new funds, and the consolidation of funds as authorized by this
act. The Director may make any transfer of cash balances between
funds. At the request of the Director of Budget and Management, the
administering agency head shall certify to the Director an
estimate of the amount of the cash balance to be transferred to
the receiving fund. The Director may transfer the estimated
amount when needed to make payments. Not more than thirty days
after certifying the estimated amount, the administering agency
head shall certify the final amount to the Director. The Director
shall transfer the difference between any amount previously
transferred and the certified final amount. The Director
may cancel encumbrances and re-establish
encumbrances or parts of encumbrances as needed in fiscal year
2001 in the appropriate fund and appropriation line item for the
same purpose and to the same vendor. As determined by the
Director, the appropriation authority necessary to re-establish
such encumbrances in fiscal year 2001 in a different fund or
appropriation line item within an agency or between agencies is
hereby authorized. The Director shall reduce each year's
appropriation balances by the amount of the encumbrances canceled
in their respective funds and appropriation line items. Any
fiscal year 2000 unencumbered or unallocated appropriation
balances may be transferred to the appropriate line item to be
used for the same purposes, as determined by the Director.
Section 25. Notwithstanding division (D) of section 127.14 of the
Revised Code, except for the General Revenue Fund, the Controlling
Board may, upon the request of either the Director of Budget and
Management, or a state agency with the approval of the Director of
Budget and Management, increase appropriations for any fund, as
necessary for the various state agencies, to assist in paying (1)
the costs of increases in employee compensation that occur on or
after July 1, 2000, pursuant to collective bargaining agreements
under Chapter 4117. of the Revised Code, and (2) the costs of
salary increases on or after July 1, 2000, for employees who are
exempt from collective bargaining that are provided under law.
Such amounts are hereby appropriated.
This section is not subject
to the referendum and therefore, under Ohio Constitution, Article II, Section
1d and section 1.471 of the Revised Code, goes into immediate effect when
this act becomes law.
Section 26. That Section 30 of Am. Sub. H.B. 283 of the 123rd General Assembly
be amended to read as follows:
"Sec. 30. CEB CONTROLLING BOARD
General Revenue Fund
GRF | 911-401 | Emergency Purposes/Contingencies | $ | 6,372,000 | $ | 6,000,000 |
GRF | 911-402 | Employee Compensation Adjustment | $ | 0 | $ | 38,000,000 |
GRF | 911-403 | School District Financial Planning | $ | 500,000 | $ | 500,000 |
GRF | 911-404 | Mandate Assistance | $ | 2,000,000 | $ | 2,000,000 |
GRF | 911-410 | Ohio Veterans' Home | $ | 250,000 | $ | 300,000 |
GRF | 911-419 | Foster Caregiver Training | $ | 0 | $ | 3,000,000 |
GRF | 911-441 | Ballot Advertising Costs | $ | 800,000 | $ | 800,000 |
GRF | 911-442 | Year 2000 Assistance | $ | 4,400,000 | $ | 1,500,000 |
TOTAL GRF General Revenue Fund | $ | 14,322,000 | $ | 52,100,000 |
State Special Revenue Fund Group
5E2 | 911-601 | Disaster Services | $ | 20,600,000 | $ | 4,400,000 |
TOTAL SSR State Special | | | | |
Revenue Fund Group | $ | 20,600,000 | $ | 4,400,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 34,922,000 | $ | 56,500,000 |
Federal Share
In transferring appropriations to or from appropriation
items that have federal shares identified in
this act AM. SUB. H.B. 283 OF
THE 123rd GENERAL ASSEMBLY, the
Controlling
Board shall add or subtract corresponding amounts of federal
matching funds at the percentages indicated by the state and
federal division of the appropriations in
this act AM. SUB. H.B. 283 OF
THE 123rd GENERAL ASSEMBLY. Such
changes
are hereby appropriated.
Appropriation Transfers
In fiscal year 2000, the Controlling Board may transfer to the
Bureau of Employment Services or to the Department of Human
Services OR THE DEPARTMENT OF COMMERCE
all or part of an appropriation that is made to the
Department of Job and Family Services for fiscal year 2001. In
fiscal year 2001, the Controlling Board may transfer to the
Department of Job and Family Services OR THE DEPARTMENT OF
COMMERCE all or part of any balance
in an appropriation that is made to the Bureau of Employment
Services or to the Department of Human Services for fiscal year
2000.
Disaster Assistance
Pursuant to requests submitted by the Department of Public Safety, the
Controlling Board may approve transfers from the foregoing appropriation item
911-401, Emergency Purposes/Contingencies, to a Department of Public Safety
General Revenue Fund appropriation item to provide funding
for assistance to political
subdivisions made necessary by natural disasters or emergencies. Such
transfers may be requested and approved prior to the occurrence of any
specific natural disasters or emergencies in order to facilitate the provision
of timely assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests that meet
Controlling Board criteria for assistance. The department shall submit a
report to the Controlling Board quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost
The Office of Criminal Justice Services and the Public Defender
Commission may each request, upon approval of the Director of
Budget and Management, additional funds from the foregoing
appropriation item 911-401, Emergency Purposes/Contingencies,
for costs related to the disturbance that occurred on April 11,
1993, at the Southern Ohio Correctional Facility in Lucasville,
Ohio.
Project OASIS
The Office of the Attorney General may request, upon approval of the Director
of Budget and Management, that the Controlling Board release up to $372,000 in
fiscal year 2000 from the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project OASIS in
the event that federal funding for this program is insufficient or delayed.
Disaster Services
The foregoing appropriation item 911-601, Disaster Services,
shall be used by
the Controlling Board, pursuant to requests submitted by state
agencies, to transfer cash and appropriation authority to any
fund and appropriation line item of the state for the payment of state agency
program
expenses as follows:
(A) The southern Ohio flooding,
referred to as FEMA-DR-1164-OH;
(B) The
flood/storm disaster referred
to as FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of Natural Resources to
be used for statewide flood mitigation projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing local governments
for costs associated with tornado disaster relief in Hamilton and Warren
Counties;
(E) If the Director of
Budget and Management
determines that sufficient funds exist beyond the expected
program costs of these disasters,
other disasters
declared by the Governor.
Of the amount appropriated in fiscal year 2000 for the foregoing appropriation
item 911-601, Disaster Services, $5,000,000 is
the unencumbered and unallotted cash balance that exists in Fund 5E2 on June
30, 1999.
Employee Compensation
Notwithstanding division (D) of section 127.14 and division
(B) of section 131.35 of the Revised Code, except for the General
Revenue Fund, the Controlling Board may, upon the request of
either the Director of Budget and Management, or a state agency
with the approval of the Director of Budget and Management,
increase appropriations for any fund, as necessary for the
various state agencies, to assist in paying the costs of
increases in employee compensation that occur on or after July 1,
2000, that are provided pursuant to collective bargaining
agreements under Chapter 4117. of the Revised Code and the costs
of increased compensation provided for employees that are exempt from
collective bargaining.
The Controlling Board may transfer appropriations from the foregoing
appropriation item 911-402, Employee Compensation Adjustment, to the various
agencies based on requests submitted by the Director of Budget and Management
to assist in paying for the General Revenue Fund's share of employee
compensation increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased compensation that
are provided to employees that are exempt from collective bargaining.
School District Financial Planning
The foregoing appropriation item 911-403, School District
Financial Planning, shall be used to pay costs of implementing
the school district watch and fiscal emergency provisions of
sections 3316.01 to 3316.08 of the Revised Code, including the
expenses of the school district financial planning and
supervision commission. Upon the request of any agency involved
in implementing the school district watch or fiscal emergency
provisions, the Controlling Board may transfer all or part of
the appropriation to the agency.
Mandate Assistance
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local units of government, school districts, and fire
departments for the cost of the following three unfunded state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated by the Department of Rehabilitation and Correction and
the Department of Youth Services;
(2) The cost, primarily to small villages and townships, of
providing firefighter training and equipment or gear;
(3) The cost to school districts of in-service training for
child abuse detection.
(B) The State and Local Government Commission may prepare and
submit to the Controlling Board one or more requests to transfer
appropriations from appropriation item 911-404, Mandate
Assistance, to the state agencies charged with administering the
state financial assistance to be provided under this section.
The state
agencies charged with this administrative
responsibility are listed below, as well as the estimated annual
amounts that the commission may propose be used for each
program of state financial assistance.
| Administering | Estimated Annual |
Program | Agency | Amount |
Prosecution Costs | Office of Criminal | |
| Justice Services | $200,000 |
Firefighter Training Costs | Department of Commerce | $1,000,000 |
Child Abuse Detection Training Costs | Department of Education | $800,000 |
(C) Subject to the total amount appropriated in each fiscal year
for appropriation item 911-404, Mandate Assistance, the
commission may propose to the Controlling Board that
amounts
smaller or larger than these estimated annual amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by the
commission, the Controlling Board may, if requested by
the
commission, transfer appropriations received by a state
agency
under this section back to appropriation item 911-404, Mandate
Assistance, or to one or more of the other programs of state
financial assistance identified under this section.
(E) It is expected that not all costs incurred by local units of
government, school districts, and fire departments under each of
the three programs of state financial assistance identified under
this section will be fully reimbursed by the state. Reimbursement levels may
vary by program and shall be based on:
the relationship between the appropriation transfers requested
by the commission and provided by the Controlling Board
for each
of the programs; the rules and procedures established for each
program by the commission and the administering state
agency;
and the actual costs incurred by local units of
government, school districts, and fire departments.
(F) Each of these programs of state financial assistance shall be
carried out as follows:
(1) Prosecution Costs
(a) Appropriations may be transferred to the Office of Criminal
Justice Services to cover local prosecution costs for aggravated
murder, murder, felonies of the first degree, and felonies of
the second degree that occur on the grounds of institutions
operated by the Department of Rehabilitation and Correction and
the Department of Youth Services.
(b) Upon a delinquency filing in juvenile court or the return of
an indictment for aggravated murder, murder, or any felony of
the first or second degree that was committed at a Department of
Youth Services or a Department of Rehabilitation and Correction
institution, the affected county may, in accordance with rules
that the Office of Criminal Justice Services shall adopt, apply to the Office
of Criminal Justice Services for a grant to
cover all documented costs that are incurred by the county
prosecutor's office.
(c) Twice each year, the Office of Criminal Justice Services shall designate
counties to
receive grants from those counties that have submitted one or
more applications in compliance with the rules that have been
adopted by the Office of Criminal Justice Services for the receipt of such
grants. In each
year's first round of grant awards, if sufficient
appropriations have been made, up to a total of $100,000
may be awarded. In each year's second round of grant
awards, the remaining appropriations available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties, the first priority shall be given to counties with
cases involving aggravated murder and murder, second priority
shall be given to cases involving a felony of the first
degree, and third priority shall be given to cases involving a
felony of the second degree. Within these priorities, the grant
awards shall be based on the order in which the applications
were received, except that applications for cases involving a
felony of the first or second degree shall not be considered in
more than two consecutive rounds of grant awards.
(2) Firefighter Training Costs
Appropriations may be transferred to the Department of Commerce
for use as full or partial reimbursement to local units of
government and fire departments for the cost of firefighter
training and equipment or gear. In accordance with rules that
the department shall adopt, a local unit of government or fire
department may apply to the department for a grant to cover all
documented costs that are incurred to provide firefighter
training and equipment or gear. The department shall make grants
within the limits of the funding provided, with priority given
to fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs
Appropriations may be transferred to the Department of Education
for disbursement to local school districts as full or partial
reimbursement for the cost of providing in-service training for
child abuse detection. In accordance with rules that the
department shall adopt, a local school district may apply to the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection. The department shall make grants within the limits of
the funding provided.
Ohio Veterans' Home
With the approval of the Director of Budget and Management, the
Ohio Veterans' Home may request that the Controlling Board
transfer all or part of the foregoing appropriation item 911-410, Ohio
Veterans' Home, to assist the Ohio Veterans' Home in defraying the
operating expenses incurred as a result of its role in the
planning and construction of a second veterans' home.
Foster Caregiver Training
Upon the passage of appropriate legislation by the 123rd General Assembly,
the Department of Job and Family Services shall request that the Controlling
Board transfer up to $3,000,000 in fiscal year 2001 from the foregoing
appropriation item 911-419, Foster Caregiver Training, for the purpose of
establishing a program of precertification and continuing training for foster
caregivers.
Ballot Advertising Costs
Pursuant to requests submitted by the Ohio Ballot Board, the Controlling Board
shall approve transfers from the foregoing appropriation item 911-441, Ballot
Advertising Costs, to an Ohio Ballot Board line item in order to reimburse
county boards of elections for the cost of public notices associated with
statewide ballot initiatives.
Of the foregoing appropriation item 911-441, Ballot Advertising Costs, the
Director of Budget and Management shall transfer any amounts that are not
needed for the purpose of reimbursing county boards of elections for the cost
of public notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance.
Year 2000 Assistance
The Department of Administrative Services shall make a concerted
effort to recover from state agencies its cost of providing Year
2000 compliance assistance to state agencies on or after July 1,
1999. In instances where such cost recovery attempts are
impractical or unreasonable, the Department of Administrative
Services may request approval of the Controlling Board to transfer
appropriations from the foregoing appropriation item 911-442, Year
2000 Assistance, to the department in order to assist in paying
for the costs that it incurs in providing Year 2000 assistance to
state agencies.
The Director of Budget and Management shall certify to the
members of the Controlling Board, of the amount appropriated to
appropriation item 042-900, OBM Y2K Contingency, how much is
subsequently for deposit to the credit of the General Revenue Fund.
The Director of Budget and Management shall then increase the
appropriation authority in the foregoing appropriation item
911-442, Year 2000 Assistance, by the amount so certified."
Section 27. That existing Section 30 of Am. Sub. H.B. 283 of the 123rd General
Assembly is hereby repealed.
Section 28. Section 307.86 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 283 and Sub. S.B. 31 of the 123rd General Assembly
and by Am. Sub. S.B. 67 of the 122nd General Assembly, with
the new language of none of the acts shown in capital letters.
Section 3313.64 of the Revised Code is presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 121, Sub. H.B. 238, and Am. Sub. H.B. 281 of the 123rd General
Assembly,
with the new language of none of the acts shown in capital letters.
Section 4141.28 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 408 and Sub. H.B. 478 of the 122nd General Assembly, with the new
language of neither of the acts shown in capital letters.
Section 5101.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 29. If any item of law that constitutes the whole or part of a
codified or uncodified section of law contained in this act, or if any
application of any item of law that constitutes the whole or part of a
codified or uncodified section of law contained in this act, is held invalid,
the invalidity does not affect other items of law or applications of items of
law that can be given effect without the invalid item of law or application.
To this end, the items of law of which the codified and uncodified sections
contained in this act are composed, and their applications, are independent
and severable.
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